James v. United States Of America

Filing 12

STIPULATION AND ORDER GRANTING the last day to mediate this case is continued until March 31, 2012. re 11 Stipulation filed by United States Of America. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 11/21/11. (bjtS, COURT STAFF) (Filed on 11/21/2011)

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MELINDA HAAG (CSBN 132612)
United States Attorney
JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
ANN MARIE REDING (CSBN 226864)
Assistant United States Attorney

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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
FAX: [phone]
[e-mail]

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Attorneys for Defendant
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DOUGLAS W. JAMES, JR.,
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)
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Plaintiff,
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v.
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UNITED STATES OF AMERICA (United )
States Department of the Interior-San
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Francisco Maritime National Historical
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Park),
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Defendant.
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No. C 11-2552 MEJ
STIPULATION AND [PROPOSED]
ORDER CONTINUING THE ADR
DEADLINE

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Pursuant to Local Civil Rules 6-1 and 6-2, defendant United States of America
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(“Defendant”) and plaintiff Douglas W. James, Jr. (“Plaintiff”), by and through their respective
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counsel, hereby jointly and respectfully request that the Court continue the Alternative Dispute
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Resolution (ADR) deadline in this matter to February 29, 2012. In accordance with Local Civil
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Rule 6-2(a), this stipulation is supported by the Declaration of Ann Marie Reding and a proposed
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order, which are filed herewith. The parties stipulate as follows:
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1.

On May 26, 2011, Plaintiff filed his Complaint in this case. See Docket No. 1.

2.

On August 25, 2011, the Court referred this case to mediation. See Docket No. 9.

3.

On September 1, 2011, the Court appointed Joel Franciosa to mediate this case.

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STIPULATION AND [PROPOSED] ORDER CONTINUING ADR DEADLINE
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C 11-2552 MEJ

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See Docket No. 10.
4.

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Based on ADR Local Rule 3-6, the deadline for the parties to mediate this case is

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ninety days from the Court’s Order referring this case to mediation, or November 22, 2011.

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See Declaration of Ann Marie Reding (“Reding Decl.”), ¶ 5.
5.

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Franciosa and agreed to a mediation date of December 19, 2011. See Reding Decl., ¶ 6.
6.

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On September 29, 2011, the parties participated in a conference call with Mr.

On or about October 11, 2011, the parties agreed to depose Plaintiff on November

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7.

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On or about November 8, 2011, counsel for Defendant informed Plaintiff’s

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counsel that she would like to obtain Plaintiff’s medical records prior to his deposition and

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believed it made sense to delay the deposition until after such time that the documents could be

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received. Counsel for Plaintiff was agreeable to continuing the deposition to a later date. See id.

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at ¶ 8.
8.

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Due to the parties’ unavailability during the holidays, and in order to allow time

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for Defendant to limited discovery responses, as well as Plaintiff’s medical records, the parties

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have stipulated to a deposition date in January 2012 and will agree to mediation date before

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March 31, 2012. See id. at ¶ 9.

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9.

No prior extensions of time have been requested or granted. See id. at ¶ 10.

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10.

The requested time modification will not impact any other deadline imposed by

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Court. See id. at ¶ 11.

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STIPULATION AND [PROPOSED] ORDER CONTINUING ADR DEADLINE
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C 11-2552 MEJ

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11.

In light of the foregoing, the parties request that the Court continue the last day to

mediate this case until March 31, 2012.

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DATED: November 21, 2011

Respectfully submitted,

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____/s/ Rey Hassan__________________________
REY HASSAN
Attorney for Plaintiff

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DATED: November 21, 2011

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Respectfully submitted,
MELINDA HAAG
United States Attorney

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___/s/ Ann Marie Reding____________________
ANN MARIE REDING
Assistant United States Attorney
Attorneys for Defendant

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PROPOSED ORDER
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Plaintiff and Defendant’s Stipulated Request to Continue the ADR deadline is hereby
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GRANTED. The last day to mediate this case is continued until March 31, 2012.
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Date: November 21, 2011
HON. MARIA-ELENA JAMES
United States Magistrate Judge

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STIPULATION AND [PROPOSED] ORDER CONTINUING ADR DEADLINE
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C 11-2552 MEJ