Doherty v. City of Alameda et al

Filing 84

STIPULATION AND ORDER re 83 Stipulation filed by City of Alameda, Case stayed.. Signed by Judge Laporte on 12/16/10. (edllc1, COURT STAFF) (Filed on 12/16/2010)

Doherty v. City of Alameda et al

Doc. 84

Case3:09-cv-04961-EDL Document83

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TUCKER ELLIS & WEST LLP LAWRENCE A. CALLAGHAN - STATE BAR NO. 53258 TIMOTHY C. CONNOR ­ STATE BAR NO. 236529 135 Main Street, Suite 700 San Francisco, California 94105 Telephone: [phone] Facsimile: 415.617.2409 Attorneys for Plaintiff JOHN DOHERTY TERESA L. HIGHSMITH, STATE BAR NO. 155262 LAURA ZAGAROLI, STATE BAR NO. 251682 Office of the City Attorney 2263 Santa Clara Avenue, Room 280 Alameda, CA 94501-4477 Telephone: [phone] Facsimile: 415.747-4767 GREGORY M. FOX, STATE BAR NO. 70876 BERTRAND, FOX & ELLIOT The Waterfront Building 2749 Hyde Street San Francisco, CA 94109 Telephone: [phone] Facsimile 415.353.0990 Attorneys for Defendant/Counterclaimant CITY OF ALAMEDA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOHN DOHERTY, Plaintiff, v. CITY OF ALAMEDA and CITY OF ALAMEDA HOUSING AND BUILDING CODE HEARING AND APPEALS BOARD, Defendants. Case No. CV09 4961 EDL STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE TO MEDIATE AND STAY CIVIL PROCEEDINGS AND VACATE TRIAL DATE PENDING COMPLETION OF COURT ORDERED MEDIATION.

Pursuant to the Court's Order the parties met with Mediator Frederick Hertz at the United States Court House in Oakland on Friday December 3. Specially appearing for purposes of representation during the mediation for plaintiff was attorney Timothy O. Connor along with Mr.

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STIPULATION TO CONTINUE DEADLINE TO MEDIATE

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Doherty pro se. Appearing for the defendants was Gregory Fox and Laura Zagaroli as well as the City of Alameda Building Official Gregory McFann. The session was productive thanks to the assistance of Mediator Hertz and the parties agreed on a fact finding process that will facilitate the mediation process but will take approximately six weeks given the holiday season. The parties and Mr. Hertz have agreed to a second formal mediation session in February 2011. The parties have agreed, and Mediator Hertz concurs, that to facilitate settlement negotiations, the fact finding process and the next mediation session in February 2011 that a Stipulation for an Order extending the time to complete Mediation and staying all discovery, motions and vacating the current trial date pending completion of mediation is appropriate. Such an extension and stay will allow the parties to concentrate their efforts on conflict resolution and save money during a time of fiscal crisis for all concerned. Therefore, based on this good cause the parties respectfully request and Stipulate that the Court order the following: 1. The time to mediate the case is extended to February 28, 2011. If additional time is necessary to complete mediation the parties will so advise the Court by a further stipulation to be filed on or before February 28, 2011. 2. All discovery, including expert discovery, and the time for filing motions for summary judgment are stayed pending the completion of the mediation process and will be re-set if the mediation process is unsuccessful. 3. The trial date of May 23 is vacated. 4. The parties to appear for a case management conference on Tuesday March 1, 2011 for a new trial date if the mediation is unsuccessful. A joint statement to be filed by February 22, 2011. 5. Mediator Hertz will provide a letter to the Court supporting good cause for this stipulation if the Court believes such a letter is necessary.

STIPULATION TO CONTINUE DEADLINE TO MEDIATE

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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 3. December 16, 2010 Dated: ________________________ ________________________________ Hon. Elizabeth D. Laporte United States District Court Judge ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED: Dated: December 15, 2010 /s/ Gregory M. Fox Dated: December 15, 2011 By: /s/ Lawrence A. Callaghan Timothy C. Connor TUCKER ELLIS & WEST LLP Attorneys for Plaintiff JOHN DOHERTY TUCKER ELLIS & WEST LLP Dated: December 15, 2010 By: /s/ Laura Zagaroli Attorney for Defendant CITY OF ALAMEDA Dated: December 15, 2010 By: BERTRAND, FOX & ELLIOT /s/ Gregory M. Fox Attorneys for Defendant CITY OF ALAMEDA SO STIPULATED.

ATTORNEY ATTESTATION I hereby attest that I have on file all holograph signatures for any signatures indicated by a conformed signature ("/s/") within this E-filed document.

STIPULATION TO CONTINUE DEADLINE TO MEDIATE