Allen v. United Air Lines, Inc.

Filing 42

STIPULATION AND ORDER re 41 STIPULATION WITH PROPOSED ORDER REGARDING MEDIATION DEADLINE, PRIVATE MEDIATION AND FURTHER STATUS CONFERENCE. Further Case Management Conference set for 11/1/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 7/24/12. (cl, COURT STAFF) (Filed on 7/24/2012)

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Richard G. Grotch, Esq. – SBN 127713
Gina J. Beltramo, Esq. – SBN 203809
CODDINGTON, HICKS & DANFORTH
A Professional Corporation, Lawyers
555 Twin Dolphin Drive, Suite 300
Redwood City, CA 94065-2133
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
ATTORNEYS FOR Defendant
UNITED AIR LINES, INC.

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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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CHRISTINE ALLEN,
Plaintiff,

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vs.

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UNITED AIR LINES, INC., a Delaware
corporation; and DOE ONE through DOE
ONE HUNDRED, inclusive,

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Case No. CV 11 3326 RS
STIPULATION FOR ORDER REGARDING
EXTENSION OF MEDIATION DEADLINE;
PERMISSION TO ENGAGE IN PRIVATE
MEDIATION; CONTINUANCE OF
FURTHER CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

Defendants.

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WHEREAS the parties consented to mediation of this case and the Court entered an order
requiring the parties to mediate; and

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WHEREAS the case was referred to court-annexed mediation and Eric Danoff, Esq. was
appointed to serve as the mediator; and

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WHEREAS plaintiff’s counsel has just advised defendant’s counsel that plaintiff has an

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additional surgery now scheduled to be performed on August 8, 2012, by Dr. Michael Dillingham;

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and

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WHEREAS plaintiff will likely contend the August 8, 2012 surgery was necessitated by

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injuries she claims to have sustained in the September 18, 2010 incident that gives rise to this case;

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and

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Stipulation and [Proposed] Order
Case No: CV 11 3326 RS

WHEREAS additional time is now necessary in order for plaintiff to undergo and recover

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from the surgery, for physicians to assess her prognosis in light of the surgery and for the defendant

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to depose the surgeon regarding the surgery and the plaintiff’s prognosis; and
WHEREAS counsel for the parties have conferred about the desirability of mediating this

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case with a retired judicial officer acting as the mediator; and
WHEREAS the parties have agreed that the Honorable Ellen Sickles James (ret’d), of JAMS,

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would be an appropriate mediator for this dispute; and

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WHEREAS the mediation completion deadline (having previously been continued to

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facilitate medical examinations and investigation of the nature and extent of Medicare’s priority right

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of recovery) is currently August 24, 2012; and
WHEREAS a further case management conference is currently scheduled for August 30,

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2012;
IT IS HEREBY STIPULATED, by and between the parties, through their respective

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counsel, that this Court be asked to issue an order:
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Permitting the parties to engage in private mediation, with Judge Ellen James, at JAMS,

2012;

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Further extending the mediation completion deadline to and including October 26,

2.

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serving as the mediator, instead of court-annexed mediation with mediator Eric Danoff, Esq.; and
3.

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Continuing the further case management conference to Thursday, November 1, 2012,

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at 10:00 a.m., in Courtroom 3 of this Court, located at 450 Golden Gate Avenue, San Francisco,

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California.

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Stipulation and [Proposed] Order
Case No: CV 11 3326 RS

IT IS SO STIPULATED.

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Dated: July 23, 2012

CODDINGTON, HICKS & DANFORTH

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/s/ Richard G. Grotch

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By: ____________________________________
Richard G. Grotch (*)
Attorneys for Defendant
UNITED AIR LINES, INC.

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Dated: July 23, 2012

O’REILLY ║ COLLINS

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By:

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/s/ James P. Collins
James P. Collins
Attorneys for Plaintiff
CHRISTINE ALLEN

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(*) I hereby attest that I have on file all holograph signatures
for any signatures indicated by a “conformed” signature (/s/)
within this e-filed document.

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[PROPOSED] ORDER

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Pursuant to the stipulation of the parties,

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IT IS HEREBY ORDERED that:

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1.

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shall be October 26, 2012;
2.

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The deadline by which the parties must complete the mediation process in this case

The parties shall be permitted to engage in private mediation, with Judge Ellen James, at

JAMS, serving as the mediator, instead of court-annexed mediation with mediator Eric Danoff, Esq.;
and
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Stipulation and [Proposed] Order
Case No: CV 11 3326 RS

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The further case management conference in this case shall be continued to Thursday,

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November 1, 2012, at 10:00 a.m., in Courtroom 3 of this Court, located at 450 Golden Gate Avenue,

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San Francisco, California.

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IT IS SO ORDERED.
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Dated: July __, 2012

_____________________________________
Honorable Richard Seeborg
United States District Judge

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Stipulation and [Proposed] Order
Case No: CV 11 3326 RS