Hernandez et al v. Vilsack

Filing 30

STIPULATION AND ORDER TO CONTINUE MEDIATION DEADLINE AND SETTLEMENT CONFERENCE. Settlement Conference reset to 6/19/2012 at 9:30 A.M. Signed by Magistrate Judge Laurel Beeler on 7/28/2011. (ls, COURT STAFF) (Filed on 7/28/2011)

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MELINDA HAAG (CSBN 132612)
United States Attorney
JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
ANN MARIE REDING (CSBN 226864)
Assistant United States Attorney

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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
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MURLENE J. RANDLE, State Bar #098124
Law Offices of Murlene J. Randle
235 Montgomery Street, Suite 716
San Francisco, California 94104
Telephone:[phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorney for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Plaintiffs,
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v.
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THOMAS VILSACK, Secretary of the U.S. )
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Department of Agriculture,
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Defendant.
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RAQUEL HERNANDEZ and CARLOS
HERNANDEZ,

No. C 10-4198 TEH (LB)
STIPULATION AND PROPOSED
ORDER TO CONTINUE MEDIATION
DEADLINE AND SETTLEMENT
CONFERENCE

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Pursuant to Local Civil Rules 6-1 and 6-2, Defendant Thomas Vilsack, Secretary of the
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United States Department of Agriculture (“Defendant”) and Plaintiffs Raquel and Carlos
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Hernandez (“Plaintiffs”), by and through their respective counsel, hereby jointly and
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respectfully request that the Court continue the September 10, 2011 mediation deadline to
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STIPULATION AND PROPOSED ORDER TO CONTINUE MEDIATION DEADLINE
AND SETTLEMENT CONFERENCE
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C 10-4198 TEH (LB)

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October 21, 2011 and continue the November 8, 2011 settlement conference with Magistrate

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Judge Laurel Beeler until June 19, 2012, which is closer to the September 25, 2012 trial in the

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above-captioned matter. In accordance with Local Civil Rule 6-2(a), this stipulation is supported

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by the Declarations of Ann Marie Reding and Murlene Randle and a proposed order, which are

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filed herewith. The parties stipulate as follows:

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1.

On September 16, 2011, Plaintiffs filed their Complaint for Damages, Declaratory

& Equitable Relief. See Docket No. 1.
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On February 23, 2011, the Court signed the parties’ Stipulation and Order

Selecting ADR and referred this case to mediation. See Docket No. 15.
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On March 14, 2011, the Court entered an Order for Pretrial Preparation, setting

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this case for a jury trial on September 25, 2012 and referring this case to a magistrate judge for a

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mandatory settlement conference no later than 5 calendar days before trial. On the same day, the

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Court ordered the parties to complete mediation by September 10, 2011. See Docket Nos. 19

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and 20, ¶ 8.

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4.

On March 17, 2011, the Court issued a Notice and Order re Settlement

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Conference, setting this matter for a settlement conference before Magistrate Judge Laurel

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Beeler on November 8, 2011 at 9:30 a.m. See Docket No. 21.

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3.

On March 29, 2011, the Court appointed Jody I. LeWitter as the mediator for this

case and See Docket No. 24.
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On May 13, 2011, the parties had a telephone conference with Ms. LeWitter and

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agreed to a mediation date of September 7, 2011. See Declarations of Ann Marie Reding

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(“Reding Decl.”), ¶ 2; Declaration of Murlene Randle (“Randle Decl.”), ¶ 5.

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5.

Due to the unavailability of the parties and of counsel, the parties will not be able

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to conduct necessary discovery prior to the September 10, 2011 mediation deadline. See Reding

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Decl., ¶¶ 3-6; Randle Decl., ¶¶ 6-12.

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6.

The parties, however, have agreed to a deposition schedule and a new mediation

date of October 19, 2011. The parties have also confirmed that Ms. LeWitter is available to

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STIPULATION AND PROPOSED ORDER TO CONTINUE MEDIATION DEADLINE
AND SETTLEMENT CONFERENCE
2
C 10-4198 TEH (LB)

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mediate this case on October 19, 2011. See Reding Decl., ¶¶ 7-8; Randle Decl., ¶ 12.
7.

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Based on the foregoing, the parties respectfully request that the Honorable

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District Court Judge Thelton Henderson continue the mediation deadline from September 10,

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2011 to October 21, 2011 so that the parties will have time to conduct necessary discovery and

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will be able to prepare for a meaningful mediation session with Ms. LeWitter. See Reding Decl.,

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¶ 10; Randle Decl., ¶ 13.
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The parties further jointly and respectfully request that the Honorable Magistrate

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Judge Laurel Beeler continue the mandatory settlement conference from November 8, 2011 until

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a June 19, 2012, which is closer to the September 25, 2012 trial in this matter. The parties

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believe that the mandatory settlement conference was scheduled for November 8, 2011 in error,

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as Judge Henderson had also ordered the parties to mediation, due to be completed very close in

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time to the settlement conference with Judge Beeler. See Reding Decl., ¶ 11; Randle Decl., ¶ 14.
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Other than a stipulation between the parties to extend the time for Defendant to

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respond to Plaintiffs’ Complaint, and an request at the initial case management conference to

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extend the mediation to September 10, 2011, no prior extensions of time have been requested or

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granted.

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See Reding Decl., ¶ 12; Randle Decl., ¶ 15

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STIPULATION AND PROPOSED ORDER TO CONTINUE MEDIATION DEADLINE
AND SETTLEMENT CONFERENCE
3
C 10-4198 TEH (LB)

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10.

The only impact the requested modifications will have on this case is to delay the

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mediation for six (6) weeks and move the mandatory settlement conference closer to the

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September 25, 2012 trial date. No party will be prejudiced by the proposed modifications. See

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Reding Decl., ¶ 13; Randle Decl., ¶ 15.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: July 26, 2011

Respectfully submitted,

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MELINDA HAAG
United States Attorney

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/s/ Ann Marie Reding
ANN MARIE REDING
Assistant United States Attorney
Attorneys for Defendant

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Dated: July 26, 2011

/s/ Murlene Randle
MURLENE J. RANDLE
Attorney for Plaintiffs

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PROPOSED ORDER
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Plaintiff and Defendant’s stipulated request to continue the mediation deadline from
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September 10, 2011 to October 21, 2011 is hereby GRANTED.
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Dated: ________________________
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_____________________________________
THELTON E. HENDERSON
United States District Court Judge

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PROPOSED ORDER
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Plaintiff and Defendant’s stipulated request to continue the mandatory settlement
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conference from November 8, 2011, 9:30 a.m. to June 19, 2012, at 9:30 a.m., is hereby
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GRANTED.
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The Notice and Order Regarding the Settlement Conference filed on March 17, 2011

remains in full affect.

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July 28, 2011
Dated: ________________________
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_____________________________________
LAUREL BEELER
United States Magistrate Judge

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STIPULATION AND PROPOSED ORDER TO CONTINUE MEDIATION DEADLINE
AND SETTLEMENT CONFERENCE
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C 10-4198 TEH (LB)