Dunlap v. United States of America

Filing 23

STIPULATION AND ORDER Continuing ADR Completion Date to February 15, 2012. Signed by Judge Thelton E. Henderson on 11/29/2011. (tmi, COURT STAFF) (Filed on 11/29/2011)

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1 2 3 4 5 6 7 8 9 10 11 12 13 MELINDA L. HAAG (SBN: 132612) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division JUAN D. WALKER (SBN 208008) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-6915 FAX: (415) 436-6748 juan.walker@usdoj.gov Attorneys for Defendant ROBERT E. BREECKER (SBN: 46564) 440 Grand A venue, Suite 420 Oakland, CA 94610 (510) 763-4444 (510) 893-2355 (fax) breecker@yahoo.com Attorney for Plaintiff Ollie Eugene Dunlap III UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 17 OLLIE EUGENE DUNLAP III, 18 19 20 21 22 23 Plaintiff, v. UNITED STATES OF AMERICA; and DOES 1 through 100, Inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) No. C-11-1276 (TEH) STIPULATION AND [PROPOSED] ORDER CONTINUING ADR COMPLETION DATE Defendant UNITED STATES OF AMERICA ("Defendant") and Plaintiff OLLIE EUGENE 24 DUNLAP III (“Plaintiff”), by and through their respective counsel of record, do hereby stipulate 25 as follows: 26 27 28 1. The Court set the Alterative Dispute Resolution (“ADR”) completion date in this matter for December 1, 2011. 2. The parties have not requested any previous extension of the ADR completion date. STIPULATION AND [PROPOSED] ORDER CONTINUING ADR COMPLETION DATE C-11-1276 (TEH) 1 3. The parties set the mediation for this matter for November 29, 2011. However, at this 2 time, the parties do not believe that they have engaged in sufficient discovery for mediation to be 3 productive. 4 4. The parties have exchanged and responded to the first round of written discovery. 5 Additionally, the parties have scheduled the depositions of the Plaintiff and the surgeon involved 6 in this medical malpractice case for December of 2011. After this discovery is completed, the 7 parties will be in better position to have a productive mediation. 8 5. John Barg of Barg, Coffin, Lewis & Trapp, LLP has been assigned as the mediator in 9 this matter. Mr. Barg and the parties have provisionally agreed upon a new mediation date of 10 January 30, 2012, pending receipt of permission from the Court. 11 12 6. Accordingly, Plaintiff and Defendant request an Order from the Court continuing the deadline for completion of ADR from December 1, 2011 to February 15, 2012. 13 Dated: November 28, 2011 Respectfully submitted, 15 MELINDA L. HAAG United States Attorney 16 /s/ JUAN D. WALKER1 Assistant U.S. Attorney Attorneys for Federal Defendant 17 18 Dated: November 28, 2011 /s/ ROBERT E. BREECKER Attorney for Plaintiff 20 IT IS SO ORDERED. 24 11/29/2011 Dated: ____________ FO RT 26 ER H 28 n enderso THELTON E. eHENDERSON on E. H ge Th lt Ju STATES DISTRICT JUDGE UNITED d NO 25 27 R NIA 23 UNIT ED S 22 RT U O S DISTRICT TE [PROPOSED] ORDER C TA 21 LI 19 1 A 14 C F D IS T IC T O In accord with the Northern District of California’s General Order No. 45, Section X(B), R N I attest that concurrence in the filing of this document has been obtained from the other signatory listed on this document. STIPULATION AND [PROPOSED] ORDER CONTINUING ADR COMPLETION DATE C-11-1276 (TEH) 2

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