Bowser v. City & County San Francisco, Municipal Transportation Agency

Filing 24

ORDER re 22 Stipulation for extension of deadline to complete Court mediation. Signed by Judge Jeffrey S. White on 5/19/2011. (hlk, COURT STAFF) (Filed on 5/19/2011)

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1 2 3 4 5 6 7 8 9 10 11 12 13 CURTIS G. OLER (Bar No. 63689) LAW OFFICES OF CURTIS G. OLER Post Office Box 15083 San Francisco, CA 94115 Telephone: 415-346-8015 Facsimile: 415-346-8238 Attorney for Plaintiff JUNE BOWSER DENNIS J. HERRERA, State Bar #139669 City Attorney ELIZABETH S. SALVESON, State Bar #83788 Chief Labor Attorney ANDREW GSCHWIND, State Bar #231700 Deputy City Attorney Fox Plaza 1390 Market Street, Fifth Floor San Francisco, California 94102-5408 Telephone: (415) 554-3973 Facsimile: (415) 554-4248 Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO 14 UNITED STATES DISTRICT COURT 15 16 17 18 19 20 21 22 NORTHERN DISTRICT OF CALIFORNIA JUNE BOWSER, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, MUNICIPAL TRANSPORTATION AGENCY AND DOES 1 to 25, Inclusive, Case No. CV 10 2776 JSW SECOND STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINE TO COMPLETE COURT MEDIATION Trial Date: Date Action Filed: March 12, 2010 June 24, 2010 Defendants. 23 24 25 The parties, Plaintiff June Bowser, and Defendant City and County of San Francisco, by and 26 through their attorneys of record, hereby stipulate and request that the Court extend the deadline to 27 complete court mediation by an additional 60 days. 28 STIP & [PROP] ORDER TO CONTINUE MED. DEADLINE USDC Case No. CV 10 2776 JW 1 n:\labor\li2011\110144\00690499.doc 1 Currently, pursuant to the Court's April 1, 2011 Order, the parties have until June 13, 2011 to 2 complete court mediation. The parties request that this deadline be continued to August 15, 2011. 3 This is the second stipulation and proposed order to continue the mediation deadline. The 4 5 parties request this continuance for the following two reasons. First, although this Court first referred this case to court mediation on December 20, 2010 6 (Doc. No. 16), this referral was apparently never “flagged” to the Court’s ADR Department and thus 7 no Magistrate Judge (or other judicial officer) was ever assigned to conduct mediation in this case. 8 Both the ADR Department and a clerk of this Court confirmed this to defense counsel in calls on May 9 17, 2011. In a voice mail message from Robin “Seifkin” (?) of the Court’s ADR Department to 10 defense counsel on May 18, 2011, she requested that the parties ask for a continuance of the mediation 11 deadline to allow the ADR Department enough time to select a judicial officer to mediate this case and 12 to allow for the proper scheduling of the mediation. 13 The second reason for requesting this the continuance is that current defense counsel was only 14 recently assigned to this action, and the case will not be ready for mediation by June 13. After 15 consulting with Plaintiff’s counsel, Defendant recently scheduled the continuation of Plaintiff’s 16 deposition to May 31, 2011. Further, prior to being assigned this case, defense counsel had made 17 vacation plans on the East Coast from June 3, 2011 through June 10, 2011, and will be out of the 18 office during this period. 19 Dated: May 18, 2011 20 Respectfully submitted, LAW OFFICES OF CURTIS G. OLER 21 By:___________/s./____________ CURTIS G. OLER1 22 23 Attorney for Plaintiff JUNE BOWSER 24 25 26 27 28 1 Per General Order 45, section X.B., defense counsel hereby attests that he has obtained the concurrence, consent and authorization of Mr. Oler’s office to file this document on his behalf. STIP & [PROP] ORDER TO CONTINUE MED. DEADLINE USDC Case No. CV 10 2776 JW 2 n:\labor\li2011\110144\00690499.doc 1 Dated: May 18, 2011 2 3 4 5 DENNIS J. HERRERA City Attorney ELIZABETH SALVESON Chief Labor Attorney ANDREW GSCHWIND Deputy City Attorney By:____________/s./____________ ANDREW GSCHWIND 6 Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO 7 8 9 10 11 12 [PROPOSED] ORDER Good cause appearing from the Parties' stipulation, the Court hereby orders that the deadline 13 for completing court mediation is extended .by 60 days. The parties have until August 15, 2011 to 14 complete court mediation. 15 SO ORDERED. 16 17 May 19, 2011 Date: __________________ 18 ___________________________________ The Honorable Jeffrey S. White UNITED STATES DISTRICT COURT JUDGE 19 20 21 22 23 24 25 26 27 28 STIP & [PROP] ORDER TO CONTINUE MED. DEADLINE USDC Case No. CV 10 2776 JW 3 n:\labor\li2011\110144\00690499.doc

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