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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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: [phone]
FAX: [phone]
[e-mail]
Attorneys for Defendant
ROBERT E. BREECKER (SBN: 46564)
440 Grand A venue, Suite 420
Oakland, CA 94610
[phone]
[phone] (fax)
[e-mail]
Attorney for Plaintiff
Ollie Eugene Dunlap III
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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OLLIE EUGENE DUNLAP III,

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Plaintiff,
v.
UNITED STATES OF AMERICA; and
DOES 1 through 100, Inclusive,
Defendants.

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No. C-11-1276 (TEH)
STIPULATION AND [PROPOSED]
ORDER CONTINUING ADR
COMPLETION DATE

Defendant UNITED STATES OF AMERICA ("Defendant") and Plaintiff OLLIE EUGENE

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DUNLAP III (“Plaintiff”), by and through their respective counsel of record, do hereby stipulate

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as follows:

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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)

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3. The parties set the mediation for this matter for November 29, 2011. However, at this

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time, the parties do not believe that they have engaged in sufficient discovery for mediation to be

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productive.

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4. The parties have exchanged and responded to the first round of written discovery.

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Additionally, the parties have scheduled the depositions of the Plaintiff and the surgeon involved

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in this medical malpractice case for December of 2011. After this discovery is completed, the

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parties will be in better position to have a productive mediation.

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5. John Barg of Barg, Coffin, Lewis & Trapp, LLP has been assigned as the mediator in

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this matter. Mr. Barg and the parties have provisionally agreed upon a new mediation date of

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January 30, 2012, pending receipt of permission from the Court.

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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.

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Dated: November 28, 2011

Respectfully submitted,

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MELINDA L. HAAG
United States Attorney

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/s/
JUAN D. WALKER1
Assistant U.S. Attorney
Attorneys for Federal Defendant

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Dated: November 28, 2011

/s/
ROBERT E. BREECKER
Attorney for Plaintiff

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IT IS SO ORDERED.

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11/29/2011
Dated: ____________

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THELTON E. eHENDERSON
on E. H
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Ju STATES DISTRICT JUDGE
UNITED d

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UNIT
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[PROPOSED] ORDER C
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C
F
D IS T IC T O
In accord with the Northern District of California’s General Order No. 45, Section X(B),
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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)
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