Farmers Insurance Exchange v. Coca-Cola Company, The

Filing 34

ORDER APPROVING STIPULATION TO CONTINUE MARCH 8, 2012 SETTLEMENT CONFERENCE. The date for completion of the settlement conference is continued to April 6, 2012. Signed by Judge Maxine M. Chesney on February 24, 2012. (mmclc1, COURT STAFF) (Filed on 2/24/2012)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
(San Francisco Division)

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Plaintiff,
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vs.
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THE COCA-COLA COMPANY and
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DOES 1-50,
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Defendants.
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______________________________________ )
FARMERS INSURANCE EXCHANGE,

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CASE NO. C11-02042 MMC
and all consolidated cases
STIPULATION TO CONTINUE
MARCH 8, 2012 SETTLEMENT
CONFERENCE
AND ORDER THEREON

IT IS HEREBY STIPULATED by and between the parties hereto, through their
respective attorneys of record herein, that the Settlement Conference in this matter, currently
scheduled to be held on March 8, 2012 at 9:30 a.m., in Courtroom G, 15th Floor, 450 Golden
Gate Avenue, San Francisco, California 94102 before Magistrate Judge Joseph C. Spero, be
continued through April 6, 2012.
Good cause exists for this continuance as the depositions of the plaintiffs, which are still
ongoing, are taking significantly more time than anticipated due to a number of unforseen
circumstances: the Plaintiffs’ requiring the use of an interpreter is making communication
difficult and resulting in the question-and-answer process taking longer than expected.
Further, the Defendants believe that not enough discovery has been completed thus far,
and will not be completed prior to the Settlement Conference, in order to insure them that they
have enough information to have a productive Settlement Conference session. Defendants have
still not received Plaintiff Belete’s medical records and have only recently received medical
records for Plaintiff Alemu from a health care provider that was recently revealed during the
taking of his deposition. Further, Defendants need to complete taking Plaintiffs’ depositions
especially with respect to their medical records, as well as Plaintiff Belete’s deposition regarding

FARM ERS v. COCA-COLA, ET AL.

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CASE NO.: C11-02042 M M C

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other limited topics. It is critical that Defendants thoroughly review and analyze Plaintiffs’

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medical records to assess their claims for damages. Moreover, the parties are discussing dates

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for additional depositions to be taken during the month of March 2012.

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During defendant True Manufacturing’s Federal Rule of Civil Procedure rule 30(b)(6)

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deposition taken of defendant Coca-Cola on February 15, 2012, the parties discussed at length

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and all agreed that a meaningful and productive Settlement Conference will require more

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discovery to be completed by the Defendants and that this discovery and the analysis of the same

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cannot be completed in sufficient time prior to the March 8, 2012 Settlement Conference date for

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them to obtain the requisite settlement authority. The parties do not wish to waste the Court’s

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valuable time or the opportunity to engage in a meaningful and productive Settlement

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Conference. Due to these unforseen circumstances and the good faith belief, based on

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Defendants’ representations that additional discovery needs to be completed, the parties agree

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that a March 8, 2012 Settlement Conference date would, in all likelihood, result in an

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unproductive session.

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The parties have contacted the clerk for Magistrate Judge Spero and have tentatively

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calendared April 5, 2012 at 9:00 a.m. as the date for the Settlement Conference, which is the

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earliest available date on Judge Spero’s calendar agreeable to all parties. The parties are

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confident that sufficient discovery can be completed by April 5, 2012 to give the parties the

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greatest opportunity at a possible resolution. Therefore, the parties respectfully request that the

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date for completion of the Mandatory Settlement Conference be continued until April 6, 2012.

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Pursuant to local rules, this document is being electronically filed through the Court’s

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ECF System. In this regard, counsel for defendant hereby attests that (1) the content of this

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document is acceptable to all persons required to sign the document; (2) plaintiff’s counsel has

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signed this document; and (3) the signed document is available for inspection upon request.
ALPER & McCULLOCH

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DATED: February 22, 2012
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FARM ERS v. COCA-COLA, ET AL.

By:

/S/ DEAN ALPER
DEAN ALPER
Attorneys for Plaintiff
FARMERS INSURANCE EXCHANGE

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CASE NO.: C11-02042 M M C

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RIMAC MARTIN, P.C.

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DATED: February 22, 2012

By:

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/S/ ANNA M. MARTIN
ANNA M. MARTIN
Attorneys for Defendant
BCI COCA-COLA BOTTLING COMPANY OF
LOS ANGELES (improperly sued herein as THE
COCA-COLA COMPANY)

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COZEN O’CONNOR

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DATED: February 22, 2012

By:

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/S/ DAVID BRISCO
DAVID BRISCO
Attorneys for Plaintiff
CNA INSURANCE COMPANY

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WILSON, ELSER, MOSKOWITZ, EDELMAN,
& DICKER

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DATED: February 22, 2012

By:

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/S/ ERIC S. WONG
ERIC S. WONG
Attorneys for Defendant
TRUE MANUFACTURING

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LIBERSON & WOLFORD LLP

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DATED: February 22, 2012

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By:

/S/ JASON N. WOLFORD
JASON N. WOLFORD
Attorneys for Plaintiffs
ABAI ALEMU and ZAFU BELETE

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IT IS SO ORDERED:

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DATED: February _____, 2012
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By:
________________________
The Honorable Maxine M. Chesney
UNITED STATES DISTRICT JUDGE

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FARM ERS v. COCA-COLA, ET AL.

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CASE NO.: C11-02042 M M C