Roberts -v- Gallardo

Filing 13

STIPULATION AND ORDER to Continue Mediation Deadline to 3/20/12 re 12 Stipulation filed by Michael Gallardo, Sherrie Roberts. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 12/8/11. (bjtS, COURT STAFF) (Filed on 12/8/2011)

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Che Lewellyn Hashim, State Bar No. 238565
LAW OFFICE OF CHE L HASHIM
861 Bryant St
San Francisco, CA 94103
Telephone: [phone]
Attorney’s Email: [e-mail]
Attorneys for Plaintiff
SHERRIE ROBERTS

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Thomas F. Bertrand, State Bar No. 056560
Michael C. Wenzel, State Bar No. 215388
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Attorney’s Email: [e-mail]
Attorneys for Defendant
ALAMEDA COUNTY SHERIFF'S
DEPUTY MICHAEL GALLARDO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHERRIE ROBERTS,

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Plaintiff,

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v.

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Case No. CV-11-3372 MEJ
STIPULATED REQUEST TO CONTINUE
MEDIATION COMPLIANCE DEADLINE;
[PROPOSED] ORDER

ALAMEDA COUNTY SHERIFF'S DEPUTY
MICHAEL GALLARDO, and DOES 1-10.
Defendant.

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Defendant ALAMEDA COUNTY SHERIFF'S DEPUTY MICHAEL GALLARDO and plaintiff
SHERRIE ROBERTS, by and through her respective attorneys of record, hereby stipulate as follows:
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The parties were set for an initial case management conference on October 20, 2011.

Prior to the conference, the Court issued a Case Management Order on October 13, 2011, in which the
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STIPULATED REQUEST TO CONTINUE MEDIATION COMPLIANCE DEADLINE;
[PROPOSED] ORDER

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following discovery and dispositive motion deadlines were set:

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(A)

Disclosure of Expert Witnesses and Expert Reports to be served by 9-7-12;

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(B)

Disclosure of Rebuttal Expert Witnesses to be served by 9-17-12;

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(C)

Expert and Non-Expert Discovery to be completed by 10-2-12;

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(D)

All Dispositive Motions shall be filed, served, and noticed by 11-1-12;

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(E)

The Court shall hear dispositive motions on 12-6-12 at Courtroom B, 15th Floor, Federal

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Building, 450 Golden Gate Avenue, S.F., CA 94102;
2.

The parties were further referred to mediation on October 13, 2011 to be completed by

January 11, 2012. The parties were assigned to mediator Matthew Pavone and agreed to schedule
mediation for January 10, 2012.
3.

Defendant served Initial Disclosures on October 13, 2011.

Plaintiff served Initial

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Disclosures on November 17, 2011. Defendant thereafter promptly served written discovery. Responses

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to that discovery are due December 21, 2011. Responses to the written discovery may result in the need

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for further discovery and the issuance of medical subpoenas.

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4.

The parties are attempting to schedule plaintiff's deposition to take place in January.

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Plaintiff's deposition is critical to defendants’ evaluation of the case, and a meaningful mediation cannot

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occur until completion of that deposition.

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5.

During the pre-mediation scheduling conference with mediator Matthew Pavone, counsel

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for the parties informed Mr. Pavone that they intended to seek a continuance of the mediation compliance

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date so that necessary discovery could be completed prior to mediation. Mr. Pavone indicated he was in

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agreement with that request for additional time given the need to complete necessary discovery prior to

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mediation, but would hold the January 10, 2012 date until the Court had an opportunity to consider the

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instant stipulation.

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6.

For all the good cause reasons stated above, the parties respectfully request this Court

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extend the parties deadline to complete mediation until March 30, 2012, so that the parties can complete

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necessary discovery.

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7.

The parties’ request for extension of the mediation compliance deadline should not

interfere with the presently scheduled pretrial and trial dates set by the Court, and trial in this matter is set
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STIPULATED REQUEST TO CONTINUE MEDIATION COMPLIANCE DEADLINE;
[PROPOSED] ORDER

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for April 4, 2013. The parties submitted one prior stipulation to the Court to provide defendant an

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additional two weeks to respond to plaintiff's complaint

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8.

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terms in an Order.

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The parties respectfully request that the Court approve this stipulation and incorporate its

IT IS SO STIPULATED.
Dated: December 7, 2011

LAW OFFICES OF CHE L. HASHIM

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By: /s/ Che L. Hashim
Che L. Hashim
Attorney for Plaintiff
SHERRIE ROBERTS

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Dated: December 7, 2011

BERTRAND, FOX & ELLIOT

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By: /s/ Michael C. Wenzel
Michael C. Wenzel
Attorneys for Defendant
MICHAEL GALLARDO

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ORDER

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GOOD CAUSE APPEARING THEREFORE, and the parties’ having stipulated to same, the

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parties’ stipulation is hereby APPROVED. The deadline for the parties to complete mediation shall be

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continued until March 30, 2012.

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IT IS SO ORDERED.

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DATED: December ___, 2011
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HONORABLE MARIA-ELENA JAMES
United States Chief Magistrate Judge

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STIPULATED REQUEST TO CONTINUE MEDIATION COMPLIANCE DEADLINE;
[PROPOSED] ORDER