Halali v. United States of America et al

Filing 33

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND MEDIATION DEADLINE. Further Case Management Conference set for 1/13/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 9/10/10. (cl, COURT STAFF) (Filed on 9/10/2010)

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Halali v. United States of America et al Doc. 33 *E-Filed 9/10/10* 1 2 3 4 5 6 7 8 9 10 11 12 13 Attorneys for Plaintiff 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN FRANCISCO DIVISION 18 19 20 21 22 23 24 IT IS HEREBY STIPULATED by and between the undersigned, subject to the approval of 25 the Court, that the date for completing Court appointed mediation in this case (currently set for 26 September 10, 2010) be continued to December 31, 2010 and that the telephonic Case 27 Management Conference (currently scheduled for October 7, 2010) be continued to January 13, 28 S T I P U L A T I O N AND [PROPOSED] ORDER TO CONTINUE CMC AND MEDIATION DEADLINE C 0 9 -4 9 0 0 RS MELINDA HAAG (SBN 132612) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MICHAEL T. PYLE (CSBN 172954 ) Assistant United States Attorney U.S. Attorney's Office/Civil Division 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102-3495 Telephone: (415) 436-7322 Facsimile: (415) 436-6748 E-mail: michael.t.pyle@usdoj.gov Attorneys for Federal Defendant MICHAEL L. ORAN (CSBN 110970) Law Office of Michael L. Oran 800 Wilshire Boulevard Suite 500 Los Angeles, CA 90017 Telephone: (213) 624-1177 Facsimile: (213) 624-1161 E-mail: miloran@mloesq.com BENHAM HALALI, ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA ET AL., ) ) Defendants. ) ) No. 09-4900 RS STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND MEDIATION DEADLINE Dockets.Justia.com 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 2011 or a later date selected by the Court. This stipulation was agreed to by the parties (and is acceptable to the Court appointed mediator in the case) because the parties held an initial mediation session on September 2, 2010 and were not able to settle the case but did agree to agree on a plan for some focused discovery followed by another mediation session. The parties held a telephone conference with the mediator on September 8, 2010 and subsequently agreed to hold a second mediation session on December 14, 2010. As the Court may recall, this case arises from an automobile accident that took place on December 19, 2007 between Plaintiff Benham Halali and an FBI Victim Specialist named Christina Bouls. The discovery that the parties intend to take prior to the next mediation includes the following: (1) Plaintiff will execute authorizations for the release of medical records and Defendant will subpoena Plaintiff's medical records, (2) Defendant has requested photographs from the CHP that the parties believe were taken after the accident and will provide copies to Plaintiff, (3) the parties will conduct depositions of Plaintiff, Ms. Bouls, the CHP officer who investigated the accident, and possibly one or two other parties (i.e. one of Plaintiff's medical providers), (4) Plaintiff will assist in obtaining further documentation from Plaintiff's employer regarding Plaintiff's claim for lost income, and (5) the parties will work in good faith to cooperatively address any other focused discovery that either party believes in good faith to be necessary to evaluate the case for settlement purposes. The parties believe that this discovery plan is one that can be achieved prior to the next mediation and that it is in the best interest of the parties to see if the case can be resolved after the parties have taken the discovery and exchanged the information set forth in their plan. The parties thus seek the Court's approval of a schedule that would allow this plan to go forward. The mediator has already confirmed the mediation for December 14, 2010. The request to have the mediation deadline continued until December 31, 2010 is to permit the mediator to remain involved should the parties need some further assistance in the days following the December 14, 2010 mediation. The parties do not believe that any other dates set by the Court would need to be continued as a result of this stipulation. /// S T I P U L A T I O N AND [PROPOSED] ORDER TO CONTINUE CMC AND MEDIATION DEADLINE C 0 9 -4 9 0 0 RS 1 Dated: September 10, 2010 2 3 4 5 6 7 Respectfully submitted, 8 LAW OFFICE OF MICHAEL L. ORAN 9 10 By: 11 12 PURSUANT TO STIPULATION, IT IS SO ORDERED: 13 The deadline for the parties to complete Court appointed mediation is continued from 14 September 10, 2010 to December 31, 2010. The Court will hold a telephonic Case Management 15 16 Statement at least ten days in advance of the Conference. 17 18 19 20 21 22 23 24 25 26 27 28 S T I P U L A T I O N AND [PROPOSED] ORDER TO CONTINUE CMC AND MEDIATION DEADLINE C 0 9 -4 9 0 0 RS Respectfully submitted, MELINDA HAAG United States Attorney By: /s/ MICHAEL T. PYLE Assistant United States Attorney Attorney for Defendant /s/ MICHAEL L. ORAN Attorneys for Plaintiff 13 Conference on January __, 2011. The parties shall file a Case Management Conference DATED: 9/10/10 _________________________________ HON. RICHARD SEEBORG United States District Chief Judge

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