Ressler v. Elsevier Inc

Filing 34

ORDER CHANGING TIME FOR MEDIATION AND DEADLINES re 27 MOTION to Continue Mediation and Extend Mediation Deadline (RESUBMITTED) filed by Elsevier Inc, 24 MOTION to Continue Mediation and Extend Mediation Deadline filed by Elsevier Inc, 32 Stipulation filed by Elsevier Inc, 28 MOTION to Continue Mediation and Extend Mediation Deadline filed by Elsevier Inc. Signed by Judge James Larson on 4/6/10. (jlsec, COURT STAFF) (Filed on 4/6/2010)

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1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations 2 JENNIFER G. REDMOND, Cal. Bar No. 144790 3 [e-mail] MORGAN P. FORSEY, Cal. Bar No. 241207 4 [e-mail] Four Embarcadero Center, 17th Floor 5 San Francisco, California 94111-4109 Telephone: [phone] Facsimile: 415-434-3947 7 Attorneys for Defendant ELSEVIER INC. 8 9 10 11 12 13 MICHELLE RESSLER, 14 15 v. Plaintiff, Case No. 3:09-cv-03349 JL STIPULATED REQUEST FOR ORDER CHANGING TIME FOR MEDIATION AND MEDIATION DEADLINE AND [PROPOSED] ORDER Courtroom F, 15th Floor Judge: Hon. James Larson UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

16 ELSEVIER INC., a New York corporation, and DOES 1 through 10, inclusive, 17 Defendants. 18 19 20

Pursuant to Local Rules 6-2 and 7-12, Plaintiff Michelle Ressler ("Ressler") and

21 Defendant Elsevier Inc. ("Elsevier"), respectfully request that the Court approve this 22 stipulated request and grant a continuance of the mediation currently scheduled for April 23 14, 2010 to a date before June 21, 2010 to be mutually agreed upon by the parties, and an 24 extension of the April 21, 2010 ADR deadline. The parties have stipulated a two-month 25 extension of the mediation deadline until June 21, 2010. 26 27 28
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In compliance with Local Rule 6-2, the Ressler and Elsevier respectfully state:

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STIPULATED REQUEST FOR ORDER CHANGING TIME FOR MEDIATION AND MEDIATION DEADLINE

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1

1.

On December 2, 2009, Ressler's counsel notified Elsevier that Ressler was

2 involved a slip and fall accident, severely injuring her spinal cord and causing her to be 3 hospitalized. In order to accommodate Ressler's recovery, Elsevier agreed to continue the 4 deposition of Ressler noticed for December 11, 2009, and all pending discovery response 5 deadlines. 6 2. On December 3, 2009, Ressler and Elsevier stipulated to attempt resolution

7 of this case via Mediation pursuant to the Northern District's Multi-Option Alternative 8 Dispute Resolution ("ADR") Program. 9 3. On January 21, 2010, the Court entered an Order setting an ADR session

10 deadline of 90 days from the date of the Order, or April 21, 2010. 11 4. Pursuant to ADR L.R. 6-4, the parties participated in a phone conference

12 with court-appointed Mediator, Brad Seligman, Esq. During the phone conference, the 13 parties agreed to participate in a mediation on April 14, 2010. This date was agreed upon 14 to give Ressler adequate time to respond to Elsevier's written discovery and provide 15 Elsevier sufficient time to take Ressler's deposition before the parties' mediation 16 statements, which were due to the mediator on April 9, 2010. 17 5. During the phone conference with the mediator and in subsequent

18 communications with Ressler's counsel, Elsevier stated its position that the deposition of 19 Ressler needed to precede the mediation in order for meaningful negotiations to take place. 20 6. Elsevier re-noticed Ressler's deposition for March 15, 2010, but the

21 deposition was taken off calendar when Ressler produced over 2,000 documents two 22 businesses days before her deposition, (Elsevier did not have sufficient time to review the 23 newly produced documents before the deposition). 24 7. The parties met and conferred, but were unable to find a mutually agreeable

25 alternative date for Ressler's deposition before April 9, 2010, the date the mediation briefs 26 are due. 27 8. The parties have met and conferred and determined that it is necessary to

28 continue the mediation and extend the mediation deadline in order to allow Elsevier the -2W02-WEST:8HMH1\402569253.1

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1 opportunity to take Ressler's deposition and give both parties time to analyze her testimony 2 and prepare for mediation. 3 9. The parties agree that an extension of the mediation deadline until June 21,

4 2010, is appropriate. 5 10. Should mediation prove unsuccessful, the parties agree that continuing the

6 mediation and extending the mediation deadline will not affect the scheduled trial date. 7 11. In compliance with Local Rule 6-2, a Declaration of Elsevier's counsel is

8 attached in support of this Stipulated Request for Order Changing Time. 9 10 11 Dated: April 5, 2010 12 13 14 15 16 17 18 19 Dated: April 2, 2010 20 21 22 23 24 25 26 27 Upon review of Joint Stipulation for Request of Continuance of the ORDER Attorneys for Defendant ELSEVIER INC. SHEPPARD, MULLIN, RICHTER & HAMPTON LLP By /s/ Morgan P. Forsey JENNIFER G. REDMOND MORGAN P. FORSEY KUMIN SOMMERS LLP By /s/ Stephen A. Sommers STEPHEN A. SOMMERS JOSEPH CLAPP RORY QUINTANA Attorneys for Plaintiff MICHELLE RESSLER SO STIPULATED:

28 Mediation and the ADR Deadline, the Court hereby extends the parties deadline to -3W02-WEST:8HMH1\402569253.1

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1 participate in ADR to June 21, 2010 and continues the April 14, 2010 mediation date to a 2 date before June 21, 2010 to be agreed upon by the parties. 3 4 Dated: April 6, 2010 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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HON. JAMES LARSON JUDGE OF THE DISTRICT COURT

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STIPULATED REQUEST FOR ORDER CHANGING TIME FOR MEDIATION AND MEDIATION DEADLINE

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