Skaff v. Ritz-Carlton Hotel Company, LLC et al

Filing 28

ORDER extending deadlines under general order 56, ORDER REFERRING CASE to Mediation.. Signed by Judge Charles R. Breyer on 12/3/2010. (be, COURT STAFF) (Filed on 12/6/2010)

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
158 HILLTOP CRESCENT WALNUT CREEK, CA 94597-3452 [phone]

ANNE D. O'NIELL, ESQ. (SBN 120948) CHRISTINA A. LEE, ESQ. (SBN 257905) HINSHAW & CULBERTSON LLP One California Street, t1h8 Floor 3 San Francisco, CA 94111 Telephone: [phone] Facsimi1e: [phone] [e-mail] [e-mail] Attorneys for Defendants THE RITZ-CARLTON HOTEL COMPANY, LLC; MARRIOTT INTERNATIONAL, INC.; SHC HALF MOON BAY, LLC; DTRS HALF MOON BAY, LLC AND STRATEGIC HOTELS AND RESORTS, INC. THEODORE L. WHITE, ESQ. (Pro Hac Vice) DEUTSCH, KERRIGAN & STILES, LLP 755 Magazine St. New Orleans, LA 70130 Telephone: [phone] Facsimile: 504-593-0604 [e-mail] Attorneys For Defendants SHC HALF MOON BAY, LLC; DTRS HALF MOON BAY, LLC; and STRATEGIC HOTELS AND RESORTS, INC SIDNEY J. COHEN, ESQ. (No. 39023) Sidney J. Cohen Professional Corporation 427 Grand Avenue Oakland, CA 94610 Tel: [phone] [e-mail] Attorneys for Plaintiff RICHARD SKAFF UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA THIMESCH LAW OFFICES TIMOTHY S. THIMESCH, ESQ. (No. 148213) 158 Hilltop Crescent Walnut Creek, CA 94576-3452 Direct: [phone] Facsimile: [phone] [e-mail] Attorney for Related-Plaintiff MICHAEL PAULICK

RICHARD SKAFF, Plaintiff, v. RITZ-CARLTON HOTEL COMPANY, LLC; et al., Defendants. MICHAEL PAULICK, v. Plaintiff, /

Case No. C10-01115-CRB Civil Rights STIPULATION AND [Proposed] ORDER EXTENDING DEADLINES UNDER GENERAL ORDER 56 AND REFERRING MATTER TO MEDIATION

Related Case No. C10-4107-CRB [TO BE FILED IN BOTH ACTIONS]

RITZ-CARLTON HALF MOON BAY, et al. Defendants. /

The Parties continue to make substantial progress toward resolution, and although more
Stipulation and Order Extending Deadlines and Referring Matter to Mediation: Case Nos. C10-01115-CRB and C10-4107-CRB

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
158 HILLTOP CRESCENT WALNUT CREEK, CA 94597-3452 [phone]

meetings are planned, they believe the two cases are now ready for referral directly to a joint mediation. As a status of efforts under General Order 56, the parties held another full day inspection and meeting on site on November 1, 2010, and now have completed their initial disclosures. However, intervening scheduling difficulties of counsel, including a trial in

another matter, have prevented rescheduling and full completion of that process, including their final meeting, which the parties anticipate will be possible within the next three to four weeks. In the mean time, and to ensure adequate time for discussion without further delaying ultimate resolution, the parties request another 60 day extension of all General Order 56 deadlines (as set forth in the Court's Orders of November 1, 2010) and that the two cases be referred directly to a joint mediation to occur within the next 60 to 75 days before Howard Herman of the ADR ////

Stipulation and Order Extending Deadlines and Referring Matter to Mediation: Case Nos. C10-01115-CRB and C10-4107-CRB

--2--

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
158 HILLTOP CRESCENT WALNUT CREEK, CA 94597-3452 [phone]

Department. SO STIPULATED. Dated: November 30, 2010 ANNE D. O'NIELL, ESQ. CHRISTINA A. LEE, ESQ. HINSHAW & CULBERTSON LLP /s/ Authorized Signed Attorneys for Defendants THE RITZ-CARLTON HOTEL COMPANY, LLC; MARRIOTT INTERNATIONAL, INC.; SHC HALF MOON BAY, LLC; DTRS HALF MOON BAY, LLC AND STRATEGIC HOTELS AND RESORTS, INC. Dated: November 30, 2010 THEODORE L. WHITE, ESQ. DEUTSCH, KERRIGAN & STILES, LLP /s/ Authorized Signed Attorneys for Defendants SHC HALF MOON BAY, LLC; DTRS HALF MOON BAY, LLC; and STRATEGIC HOTELS AND RESORTS, INC. Dated: November 30, 2010 SIDNEY J. COHEN, ESQ. SIDNEY J. COHEN PROFESSIONAL CORPORATION /s/ Authorized Signed Attorneys for Plaintiff RICHARD SKAFF Dated: November 30, 2010 TIMOTHY S. THIMESCH, ESQ. THIMESCH LAW OFFICES /s/ Authorized Signed Attorneys for Plaintiff MICHAEL PAULICK

DECLARATION OF TIMOTHY S. THIMESCH I, Timothy S. Thimesch, declare: 1. I am counsel for the plaintiff in the case Michael Paulick v. Ritz-Carlton, Half

Moon Bay, et al., also filed in this court as Case No. C10-4107 CRB ("the Paulick Case"), which has been related to Richard Skaff v. Ritz-Carton Hotel Company, LLC, et al., filed as Case No. C10-01115-CRB in the United States District Court, Northern District of California ("the Skaff Case"). I am familiar with the facts on file for the two cases. 2. The parties in Skaff have received two prior extensions of the General Order 56
--3--

Stipulation and Order Extending Deadlines and Referring Matter to Mediation: Case Nos. C10-01115-CRB and C10-4107-CRB

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

deadlines to meet scheduling demands. In the last Skaff request for an extension, the parties in the Paulick case sought to coordinate, and therefore sought and received permission to accelerate their GO 56 deadlines. 3. Since the last coordinated extension/advancement, counsel and consultants met

on site for a full day inspection of the premises. This occurred on November 1, 2010. The parties are currently coordinating an effort to reschedule the conclusion of that inspection and the holding of a final GO 56 meeting among all parties. Presently this effort has been

complicated by the scheduling conflicts for defense counsel Ted White, who represents that he has been in trial for the past several weeks. 4. Already, however, the parties have made significant enough progress without

the final meeting to be ready for mediation. They request that the case be referred to Howard Herman of the ADR Department. The parties will have the injunctive relief issues sufficiently narrowed to be ready by the time of mediation. I declare under penalty of perjury that the foregoing is true and correct. Executed this 24th day of November 2010 at Walnut Creek, California.

_______________________________ TIMOTHY S. THIMESCH, declarant

SO ORDERED.

ORDER

UNIT ED

24 25 26 27 28
158 HILLTOP CRESCENT WALNUT CREEK, CA 94597-3452 [phone]

S

S DISTRICT TE C . TA

Dated: Dec. 3, 2010

Stipulation and Order Extending Deadlines and Referring Matter to Mediation: Case Nos. C10-01115-CRB and C10-4107-CRB

ER

N

F D IS T IC T O R

--4--

A

C

LI

FO

harle Judge C

s R. Bre

yer

R NIA

CHARLES R. BREYER ORD IS SO I DISTRICT COURT JUDGE OF U.S.T

ERED

RT U O

NO

RT

H