Henry v. Bank of America Corporation et al

Filing 41

ORDER vacating mediation deadline and setting CMC re 40 Stipulation filed by Calvin Chow, Raymond Lee, City and County of San Francisco Further Case Management Conference set for 12/18/2009 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 12/4/09. (be, COURT STAFF) (Filed on 12/7/2009)

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 27 28

DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy KIMBERLY A. BLISS, State Bar #207857 DANIEL A. ZAHEER, State Bar #237118 Deputy City Attorney Fox Plaza 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: [phone] [Bliss] Telephone: [phone] [Zaheer] Facsimile: [phone] E-Mail: [e-mail] E-Mail: [e-mail] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, CALVIN CHOW AND RAYMOND LEE

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SHARON S. HENRY, Plaintiffs, vs. BANK OF AMERICA CORPORATION, NANCY MENDOZA, CITY &COUNTY OF SAN FRANCISCO, CALVIN CHOW, RAYMOND LEE, and DOE ONE through DOE TEN, inclusive, Defendants. Case No. 09-CV-0628 CRB STIPULATION AND [PROPOSED] ORDER VACATING MEDIATION DEADLINE AND SETTING CASE MANAGEMENT CONFERENCE Case Filed: Trial Date: February 11, 2009 Not Set

STIP & [PROPOSED] ORDER RE: MEDIATION USDC CASE NO.: 09-CV-0628 CRB

1

n:\lit\li2009\090789\00594765.doc

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 27 28

On May 26, 2009, the Court referred the parties in this matter to mediation. Robert T. Fries was appointed as mediator, and a mediation session was scheduled for October 22, 2009. However, after reviewing the parties' mediation briefs Mr. Fries indicated that he believes that settlement discussions in this case will not be constructive until the Court resolves disputed issues of law, including the items raised in Bank of America's SLAPP motion and the issues to be raised in the City's anticipated motion for summary judgment. Accordingly, the mediator cancelled the mediation and directed the parties to communicate to the Court his recommendation that the mediation be postponed until after such issues are resolved. In light of the mediator's recommendations, the parties hereby stipulate and request that the Court vacate the mediation deadline and set this matter for a case management conference.

Dated: December 3, 2009

SIEGEL & YEE By: s/Jose Luis Fuentes JOSE LUIS FUENTES Attorneys for Plaintiff SHARON HENRY Pursuant to General Order 45, §X.B., the filer of this document attests that she has received the concurrence of this signatory to file this document.

Dated: December 3, 2009

SEVERSON & WERSON By: s/Andrew S. Elliot ANDREW S. ELLIOT Attorneys for Defendants BANK OF AMERICA CORPORATION AND NANCY MENDOZA Pursuant to General Order 45, §X.B., the filer of this document attests that she has received the concurrence of this signatory to file this document.

STIP & [PROPOSED] ORDER RE: MEDIATION USDC CASE NO.: 09-CV-0628 CRB

2

n:\lit\li2009\090789\00594765.doc

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

Dated: December 3, 2009

DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy KIMBERLY A. BLISS DANIEL A. ZAHEER Deputy City Attorneys By: /s/ Daniel A. Zaheer DANIEL A. ZAHEER Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, CALVIN CHOW AND RAYMOND LEE ORDER

Pursuant to the Stipulation above, and for good cause shown, the mediation deadline in this matter is VACATED. The parties shall appear for a case management conference on December 18, 2009 at 8:30 a.m. ________________________________________________. IT IS SO ORDERED.

17 18 19 20 21 22 23 24 25 26 27 28
STIP & [PROPOSED] ORDER RE: MEDIATION USDC CASE NO.: 09-CV-0628 CRB

UNIT ED

S

16

DATE:

___________________________________ HONORABLE CHARLES R. BREYER ERED UNITED STATES DISTRICT JUDGE O ORD
. Breyer

S DISTRICT TE C TA

RT U O

ER

N

F D IS T IC T O R

3

n:\lit\li2009\090789\00594765.doc

A

C

LI

FO

J

arles R udge Ch

R NIA

IT IS S

NO

RT

H