Walker v. County of Santa Clara et al

Filing 82

STIPULATION AND ORDER RE 80 ENLARGING TIME TO PARTICIPATE IN PRIVATE ADR/MEDIATION. Signed by Judge Richard Seeborg on 11/22/11. (cl, COURT STAFF) (Filed on 11/22/2011)

*E-Filed 11/22/11*

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MIGUEL MÁRQUEZ, County Counsel (S.B. #184621)
ROBERT M. COELHO, Lead Deputy County Counsel (S.B. #160583)
GREGORY J. SEBASTINELLI, Deputy County Counsel (S.B. #104884)
MICHAEL A. WAHLANDER, Deputy County Counsel (S.B. #260781)
OFFICE OF THE COUNTY COUNSEL
70 West Hedding, East Wing, 9th Floor
San Jose, California 95110-1770
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
COUNTY OF SANTA CLARA and its
SANTA CLARA VALLEY MEDICAL
CENTER, HOLLISTER BREWSTER, M.D.,
ALFONSO BANUELOS, M.D., DOLLY
GOEL, M.D., and PETER GREGOR, M.D.

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
(San Francisco)

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THRESSA WALKER et al.,

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Plaintiffs,
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v.
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COUNTY OF SANTA CLARA et al.,
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Defendants.
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__________________________________)

No.

10-CV-04668 RS

STIPULATION AND [PROPOSED] ORDER
ENLARGING TIME TO PARTICIPATE IN
PRIVATE ADR/MEDIATION

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The parties, through their respective counsel of record, hereby stipulate and agree to an

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order enlarging time to participate in private mediation from December 10, 2011 until March 1,

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2012. The parties scheduled (subject to Court approval) a two-day mediation with mediator,

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Charles F. Hawkins, to take place on February 27 and 28, 2012.

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Good cause exists for this enlargement of time since the parties have been (and are

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continuing to be) actively engaged in written discovery and document production in preparation

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for taking those depositions necessary for a productive mediation. At this time, the parties are

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scheduling such depositions and expect them to occur by January 13, 2012. Further, although

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this case is presently “at issue” respecting the Third Amended Complaint, Plaintiffs are desirous

M IG U E L M Á R Q U E Z
C o u n ty C o u n s e l
C o u n ty o f S a n ta C la r a
S a n Jo se , C a lifo rn ia

Stipulation and [Proposed] Order Enlarging
Time to Participate in Private ADR/Mediation

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10-CV-04668 RS

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of filing a Fourth Amended Complaint adding new allegations and one additional cause of

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action.

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By way of background, on April 22, 2011 the parties submitted a Stipulation and

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[Proposed] Order Selecting ADR Process anticipating their participation in private mediation

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with Mr. Hawkins by September/October 2011. Thereafter, on June 2, 2011 Plaintiffs requested

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and later obtained leave of court to file a Third Amended Complaint allowing Defendants 45

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days to file responsive pleadings. On June 10, the parties appeared at a further case

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management conference before Judge Jeremy D. Fogel. Through their further CMC statement,

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the parties advised Judge Fogel that they anticipated participating in private mediation within

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six months (i.e., by December 10, 2011). Recently, Plaintiffs submitted for the Court's

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consideration a stipulation seeking leave to file a Fourth Amended Complaint and allowing

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Defendants 30 days to file responsive pleadings. Therefore, assuming leave is granted this case

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will not be “at issue” respecting the Fourth Amended Complaint until mid or late December

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2011.

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a
“conformed” signature (/S/) within this efiled document.

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MIGUEL MÁRQUEZ
County Counsel

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Dated: November 8, 2011

By:

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/S/
GREGORY J. SEBASTINELLI
Deputy County Counsel

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Attorneys for Defendants

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LAW OFFICES OF
CHARLES & BONNER

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Dated: November 8, 2011

By:

/S/
CHARLES A. BONNER

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Attorneys for Plaintiffs
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M IG U E L M Á R Q U E Z
C o u n ty C o u n s e l
C o u n ty o f S a n ta C la r a
S a n Jo se , C a lifo rn ia

Stipulation and [Proposed] Order Enlarging
Time to Participate in Private ADR/Mediation

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10-CV-04668 RS

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[PROPOSED] ORDER

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IT IS SO ORDERED that the time for the parties to participate in private mediation is
enlarged until March 1, 2012.

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11/22/11
Dated: _______________

______________________________
RICHARD SEEBORG
United States District Court Judge

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M IG U E L M Á R Q U E Z
C o u n ty C o u n s e l
C o u n ty o f S a n ta C la r a
S a n Jo se , C a lifo rn ia

491960.wpd

Stipulation and [Proposed] Order Enlarging
Time to Participate in Private ADR/Mediation

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10-CV-04668 RS