The Family of Samuel Shull et al v. Keystone Group Holdings, Inc. et al

Filing 23

ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND VACATING SETTLEMENT CONFERENCE re 21 Stipulation and Proposed Order selecting Early Neutral Evaluation, filed by The Family of Samuel Shull, Samuel J. Shull, Jr., Alberta Rines, Linda Rines Shull, Jennifer Shull, Keystone America, Inc., Casey Shull, Jacob Rines-Caban, Soaring Eagle (LeeAnn) Rines, Nathan Shull, Cameron Rines-Caban, Willie Smith. Signed by Judge James Larson on 4/20/09. (jlsec, COURT STAFF) (Filed on 4/20/2009)

Case 3:08-cv-01601-JL

Document 21

Filed 04/07/2009

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Michael Cohen - #98066 LAW OFFICES OF BRUCE E. KRELL Grove Law Building 345 Grove Street San Francisco, CA 94102 415/861-4414 Fax: [phone] Attorney for Plaintiffs

E-filing

Original FILED 3/24/08 Richard W. Wieking Clerk, U.S. District Court Northern District of California San Francisco

ADR

UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA THE FAMILY OF SAMUEL SHULL: Linda Rines Shull, Samuel J. Shull, Jr., Jennifer Shull, Cameron Rines-Caban, Jacob A. Rines-Caban, Nathan Shull, Soaring Eagle (LeeAnn) Rines, Casey Shull, Alberta Rines and Willie Smith, Plaintiffs, vs. Keystone America, Inc., dba Jones and Lewis Clear Lake Memorial Chapel, and DOES 1-100, Defendants. / STIPULATION WHEREAS: 1. The parties initially stipulated to Mediation, then agreed that a Magistrate ACTION FILED: 3/24/08 TRIAL DATE: NOT ASSIGNED No. C08-01601 JL FURTHER STIPULATION RE ADR; (Proposed) ORDER THERON

Judge Settlement Conference would offer more promise of settlement, and obtained an Order by stipulation changing the ADR to Magistrate Judge Settlement Conference. 2. However, recent events have caused the parties to agree that: a. A Magistrate Judge Settlement Conference would not be

productive, and would therefore be an unjustified use of a Magistrate Judge's time, because the parties are too far apart (in fact, much further apart than they had imagined) for a settlement conference of any kind to bridge the gap; and 1 Further Stipulation re ADR; (Proposed) Order Thereon

Case 3:08-cv-01601-JL

Document 21

Filed 04/07/2009

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2010.

b.

The Early Neutral Evaluation (ENE) Program would most likely

be more useful, because, as the Parties understand it, the goal of the exercise would be simply for the neutral to provide the parties with as objective evaluation of the value of the case as possible, less affected by the techniques often used in mediation to exaggerate and/or soft-pedal certain facts and/or issues in order to coax the parties towards each other. 3. Plaintiffs' counsel also feels strongly that, since the chances of settlement

at this time are so low, it would be unconscionable to force the ten (10) Plaintiffs in this case, who must travel from distance, to attend and be subjected to the intense emotions associated with the case, which involves the severe damaging of their loved-one's body by the Defendant's driver failing to secure the body properly into a van, then negligently crashing the van into a stopped car at, according to the police report, 55 mph. 4. Both parties' counsel are available for trial any date from mid-February

THEREFORE, THE PARTIES, BY COUNSEL, HEREBY STIPULATE AND REQUEST that: 1. The currently scheduled Magistrate Judge Settlement Conference and

preceding scheduling be vacated; 2. 3. The case be referred for Early Neutral Evaluation; and Trial be set for a date following the likely date of the Early Neutral

Evaluation, but no earlier than mid-February, 2010. DATED: 4/7/09 LAW OFFICES OF BRUCE E. KRELL, INC., By /S/ Michael Cohen DATED: 4/7/09 LEWIS BRISBOIS, BISGAARD & SMITH, By /S/ Howard Churchill

ORDER The Court having read and considered the above-Stipulation, and good cause appearing, 2 Further Stipulation re ADR; (Proposed) Order Thereon

Case 3:08-cv-01601-JL

Document 21

Filed 04/07/2009

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

IT IS HEREBY ORDERED that: 1. The currently scheduled Magistrate Judge Settlement Conference and

preceding scheduling shall be, and it hereby is, vacated; 2. 3. The case shall be, and it hereby is, referred for Early Neutral Evaluation; The Case Management Conference currently scheduled for May 6, 2009,

shall be, and it hereby is, vacated; and continued to June 24, 2009 at 10:30 a.m. 4. (to be determined) Trial is set for ________________________.

April 20, 2009 DATED: __________________

James Larson, Magistrate Judge

3 Further Stipulation re ADR; (Proposed) Order Thereon