Whitten v. County of Alameda et al

Filing 23

ORDER EXTENDING MEDIATION DEADLINE (CMC REMAINS IN JAN. AS COUNSEL DIDN'T REQUEST A CONTINUANCE OF IT) (tf, COURT STAFF) (Filed on 11/8/2011)

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JOHN L. BURRIS, Esq./ State Bar # 69888
LAW OFFICES OF JOHN L. BURRIS
7677 Oakport Street, Suite 1120
Oakland, CA 94621
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Plaintiff
DONOVAN WHITTEN

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MICHAEL C. WENZEL, Esq./ SB # 215388
BERTRAND, FOX & ELLIOT
2749 Hyde Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendants
COUNTY OF ALAMEDA, J. MALIZIA,
S. TYRRELL and D. TEICHERA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DONOVAN WHITTEN,

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Plaintiff,
v.

Case No. C 11-01251 SI
STIPULATION AND [PROPOSED] ORDER
CONTINUING MEDIATION COMPLIANCE
DATE

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COUNTY OF ALAMEDA; J. MALIZIA;
S. TYRRELL; D. TEICHERA; and DOES 115, inclusive,
Defendants.

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Defendants COUNTY OF ALAMEDA, J. MALIZIA, S. TYRRELL and D. TEICHERA and

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plaintiff DONOVAN WHITTEN, by and through their respective attorneys of record, hereby stipulate as

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follows:
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STIPULATION AND [PROPOSED] ORDER CONTINUING MEDIATION COMPLIANCE DATE

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1.

The parties appeared for an initial case management conference on August 5, 2011.

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Pursuant to this Court's Pretrial Preparation Order dated August 10, 2011, the following discovery and

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dispositive motion deadlines were set:

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(A)

Disclosure of Expert Witnesses and Expert Reports to be served by 4-20-12;

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(B)

Disclosure of Rebuttal Expert Witnesses to be served by 5-11-12;

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(C)

Non-Expert Discovery to be completed by 03-16-12;

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(D)

Expert Discovery to be completed by 05-31-12;

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(E)

All Dispositive Motions shall be filed, served, and noticed by 8-3-12;

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(F)

Oppositions to all dispositive motions due 08-17-12;

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(G)

Replies to oppositions to all dispositive motions due 08-24-12;

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(H)

The Court shall hear dispositive motions no later than 9-7-12 at Courtroom 10, 19th Floor,

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Federal Building, 450 Golden Gate Avenue, S.F., CA 94102;
2.

The parties were further referred to mediation on August 10, 2011 and were ordered to

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complete the mediation session in the 1st half of December, 2011. The parties were assigned to mediator

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Stephen L. Schirle and agreed to schedule mediation for December 6, 2011.

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3.

Plaintiff's counsel was subsequently scheduled for trial in another matter beginning

December 6, 2011, and requested a new date be set for mediation.
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Moreover, plaintiff's counsel has informed defendants that plaintiff WHITTEN has

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relocated to Washington D.C., and therefore has been unavailable for deposition. The parties are

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attempting to schedule plaintiff's deposition to take place before the end of the year. Plaintiff's deposition

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is critical to defendants’ evaluation of the case, and a meaningful mediation cannot occur absent that

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deposition.

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5.

Additionally, defendants propounded written discovery on plaintiff's on September 27,

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2011. Responses were due October 31, 2011. To date, no responses have been received. Responses to

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the written discovery may result in the need for further discovery and the issuance of medical subpoenas.

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6.

For all the good cause reasons stated above, the parties respectfully request this Court

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extend the parties deadline to complete mediation until February 17, 2012, so that the parties can

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complete necessary discovery.
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STIPULATION AND [PROPOSED] ORDER CONTINUING MEDIATION COMPLIANCE DATE

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7.

The parties’ request for extension of the mediation compliance deadline should not

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interfere with the presently scheduled pretrial and trial dates set by the Court. The parties have submitted

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no prior stipulations to alter any deadlines set by the Court.

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8.

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terms in an Order.

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The parties respectfully request that the Court approve this stipulation and incorporate its

IT IS SO STIPULATED.

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LAW OFFICES OF JOHN L. BURRIS
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Dated: November 7, 2011

By:

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/s/ John L. Burris
John L. Burris, Esq.
Attorneys for Plaintiff
DONOVAN WHITTEN

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BERTRAND, FOX & ELLIOT

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Dated: November 7, 2011

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By:

/s/ Michael C. Wenzel
Thomas F. Bertrand
Richard W. Osman
Michael C. Wenzel
Attorneys for Defendants
COUNTY OF ALAMEDA, J. MALIZIA,
S. TYRRELL and D. TEICHERA

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ORDER

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GOOD CAUSE APPEARING THEREFORE, and the parties’ having stipulated to same, the
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parties’ stipulation is hereby APPROVED. The deadline for the parties to complete mediation shall be
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continued until February 17, 2012.
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IT IS SO ORDERED.
11/7/11
DATED: ________________

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HONORABLE SUSAN ILLSTON
United States District Judge

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STIPULATION AND [PROPOSED] ORDER CONTINUING MEDIATION COMPLIANCE DATE