Douglas Drill Services, Inc. v. Dan's Water Well & Pump Service, Inc. et al

Filing 29

STIPULATION AND ORDER re 28 Proposed Order filed by Dan's Water Wells. Signed by Magistrate Judge Elizabeth D. Laporte on September 29, 2010. (edllc2, COURT STAFF) (Filed on 9/29/2010)

Douglas Drill Services, Inc. v. Dan's Water Well & Pump Service, Inc. et al

Doc. 29

Case3:09-cv-05737-EDL Document28

Filed09/27/10 Page1 of 3

James G. Schwartz, Esq. (# 069371) 1 Joshua D. Brysk, Esq. (#184200) Law Offices of James G. Schwartz 2 A Professional Corporation 7901 Stoneridge Drive, Suite 401 3 Pleasanton, California 94588 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Plaintiff and Counter defendant DOUGLAS DRILL SERVICES, INC. 6 and for Third-Party Defendant REICHDRILL, INC. 7 James M. Braden (State Bar No. 102397) 8 Pamela J. Sieux (State Bar No. 201102) Law Offices of James M. Braden 9 44 Montgomery Street, Suite 1210 San Francisco, CA 94104 10 Telephone: [phone] Facsimile: [phone] 11 Email: [e-mail] 12 Attorneys for Defendants and Counterclaimants DAN'S WATER WELL & PUMP SERVICE, INC. and 13 DAN'S WATER WELLS 14 15 16 17 SAN FRANCISCO DIVISION 18 19 20 21 22 23 24 25 26 27 28
Law Offices of JAMES G. SCHWARTZ 7901 Stoneridge Drive Suite 401 Pleasanton, CA 94588 [phone]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

) ) ) Plaintiff, ) ) vs. ) DAN'S WATER WELL & PUMP SERVICE, ) ) INC.; DAN'S WATER WELLS, ) ) Defendant(s) ) ) DAN'S WATER WELL & PUMP ) SERVICE, INC.; and DAN'S WATER ) WELLS, ) ) Counterclaimants, ) )1 DOUGLAS DRILL SERVICES, INC. Counterdefendant, DOUGLAS DRILL SERVICES, INC.,

Case No.: C-09-05737 EDL STIPULATION AND REQUEST FOR ORDER TEMPORARILY RELIEVING THE PARTIES OF THE DUTY TO MEDIATE THIS CASE WITH THE FEDERAL MEDIATOR, IN FAVOR OF THEIR CONDUCTING A PARTIES-ONLY MEETING IN PENNSYLVANIA WITHIN THE NEXT 30 DAYS Date: No Date Set for This Stipulation Time: No Time Set for This Stipulation Courtroom: E Judge: Hon. Elizabeth D. Laporte

__________________________________________________________ STIPULATION AND REQUEST FOR ORDER TEMPORARILY RELIEVING THE PARTIES OF THE DUTY TO MEDIATE

Dockets.Justia.com

Case3:09-cv-05737-EDL Document28

Filed09/27/10 Page2 of 3

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vs.

) ) DAN'S WATER WELL & PUMP SERVICE, ) INC.; DAN'S WATER WELLS, ) ) Third-Party Plaintiff ) ) ) REICHDRILL, INC. ) ) Third-Party Defendant, )

The undersigned parties to the above-entitled action hereby submit this Stipulation and Request for Order. (1) The parties are currently ordered by the Court to participate in a Federal Mediation,

11 12 conducted by Mediator Jonathan Schmidt, by October 1, 2010. Pursuant to this order, the parties several

13 weeks ago scheduled the Mediation with Mr. Schmidt for Thursday, September 30, 2010. 14 (2) Since then, the parties have held direct discussions, without the direct participation of

15 their lawyers. These discussions have resulted in the parties agreeing that in lieu of Mediation with Mr. 16 Schmidt, they would prefer to hold a parties-only (no attorneys) meeting at the Pennsylvania 17 18 which are Anna and Ivan Nahlik, are willing to travel to Douglas' Drill's Pennsylvania location to fully 19 20 discuss all issues. A meeting in Pennsylvania has a number of advantages over the scheduled Federal headquarters of Douglas Drill Services, Inc. The principals of Dan's Water Well & Pump Service, Inc.,

21 Mediation in San Francisco, including that more than one Douglas Drill employee or officer will, if 22 appropriate, be easily able to participate in person, and because there will be full and immediate access 23 to all Douglas Drill records that may be relevant to this dispute. The Nahliks will take with them all of 24 25 26 from the date this Stipulation is signed, i.e. by October 27, 2010. The parties agree that after the 27 2 28 meeting is concluded, or after 30 days have passed from the date this Stipulation is signed, whichever
__________________________________________________________ STIPULATION AND REQUEST FOR ORDER TEMPORARILY RELIEVING THE PARTIES OF THE DUTY TO MEDIATE

their own relevant records for use in the meeting. (3) The parties agree to conduct the parties-only meeting in Pennsylvania within 30 days

Law Offices of JAMES G. SCHWARTZ 7901 Stoneridge Drive Suite 401 Pleasanton, CA 94588 [phone]

Case3:09-cv-05737-EDL Document28

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comes first, the lawyers for the parties will file a Joint Report advising the Court of the results of the

2 meeting, i.e. whether settlement was reached or not reached. 3 4 Court. 5 6 7 8 9 10 11 12 13 14 15 16 Dated: September 27, 2010 Dated: September 27, 2010 The Law Offices of James G. Schwartz A Professional Corporation _______/s/ Joshua D. Brysk___________ Joshua D. Brysk Attorneys for Plaintiff and Counter defendant DOUGLAS DRILL SERVICES, INC. and for Third-Party Defendant REICHDRILL, INC. Law Offices of James Braden _ ___ /s/ James Braden _____________ James Braden Attorneys for Defendants and Counterclaimants and Third-Party Plaintiffs DAN'S WATER WELL & PUMP SERVICE, INC. and DAN'S WATER WELLS (5) The parties respectfully request that the Court approve this Stipulation as an Order of the

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Law Offices of JAMES G. SCHWARTZ 7901 Stoneridge Drive Suite 401 Pleasanton, CA 94588 [phone]

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__________________________________________________________ STIPULATION AND REQUEST FOR ORDER TEMPORARILY RELIEVING THE PARTIES OF THE DUTY TO MEDIATE

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