Rosenfeld v. Federal Bureau of Investigation et al

Filing 10

ORDER GRANTING Motion To Be Excused From the Formal ADR Process. Signed by Judge Maria-Elena James on 9/6/2011. (cdnS, COURT STAFF) (Filed on 9/6/2011)

1
2
3
4

MELINDA HAAG, CSBN 132612
United States Attorney
JOANN M. SWANSON, CSBN 88143
Assistant United States Attorney
Chief, Civil Division
ILA C. DEISS, NY SBN 3052909
Assistant United States Attorney
E-mail: [e-mail]

5
6
7
8

450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
Telephone: [phone]
FAX: [phone]
Attorneys for Defendant

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

SAN FRANCISCO DIVISION

13
SETH ROSENFELD,
14
Plaintiff,

15
16
17
18

v.
FEDERAL BUREAU OF
INVESTIGATION AND UNITED
STATES DEPARTMENT OF JUSTICE,

19
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. C 11-02131-MEJ

JOINT MOTION TO BE EXCUSED
FROM THE FORMAL ADR PROCESS
AND [PROPOSED] ORDER

20
21
Each of the undersigned certifies that he or she has read either the handbook entitled
22
“Dispute Resolution Procedures in the Northern District of California,” or the specified portions
23
of the ADR Unit’s Internet site < www.adr.cand.uscourts.gov>, discussed the available dispute
24
resolution options provided by the court and private entities; and considered whether this case
25
might benefit from any of them.
26
Here, the parties agree that referral to a formal ADR process will not be beneficial
27
because this action is limited to Plaintiff’s request that the Court order Defendant to provide
28
ADR Joint Motion
C 11-02131-MEJ

1

Plaintiff with the information he seeks. Given the substance of the action, ADR will only serve

2

to multiply the proceedings and unnecessarily tax court resources. Accordingly, pursuant to

3

ADR L.R. 3-3(c), the parties request that the case be removed from the ADR Multi-Option

4

Program and that they be excused from participating in the ADR phone conference and any

5

further formal ADR process. The parties agree to continue informal discussions.

6
7

Dated: September 2, 2011

Respectfully Submitted,
MELINDA HAAG
United States Attorney

8
9

/s/
ILA C. DEISS, AUSA1
Attorney for Defendant

10
11
12
Dated: September 2, 2011
13

/s/
BENJAMIN W. STEIN
Attorney for Plaintiff

14
15
[PROPOSED] ORDER
16
IT IS SO ORDERED. The parties are hereby excused from the ADR process.
17
18
Dated:

September 6, 2011
MARIA-ELENA JAMES
United States Chief Magistrate Judge

19
20
21
22
23
24
25
26
27
28

1

I, Ila C. Deiss, hereby attest, in accordance with the Northern District of California’s
General Order No. 45, Section X(B), the concurrence in the filing of this document has been
obtained from the other signatory listed on this document.
ADR Joint Motion
C 11-02131-MEJ

2