Alexiou v. Soquel Creek Water District et al

Filing 43

STIPULATION AND ORDER TO EXTEND TIME TO COMPLETE ADR re 42 Stipulation filed by Soquel Creek Water District. Signed by Judge Alsup on January 11, 2012. (whalc2, COURT STAFF) (Filed on 1/11/2012)

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Thomas S. Brazier, Esq. SBN 055484
Eric Steinle, Esq./SBN 201117
LaMORE, BRAZIER, RIDDLE & GIAMPAOLI
1570 The Alameda, Suite 150
San Jose, California 95126-2305
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
SOQUEL CREEK WATER DISTRICT

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JOHN ALEXIOU,

Case No.: 3:11-cv-03836JR

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Plaintiff,

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STIPULATION TO EXTEND TIME TO
COMPLETE ADR

v.
SOQUEL CREEK WATER DISTRICT, et al.,
Defendants.

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IT IS HEREBY STIPULATED by and between the parties, by and through undersigned counsel
and after consulting with the court-appointed mediator, as follows:
1.

The plaintiff’s medical bills were mostly paid by Medicare, which will now assert a

statutory claim for reimbursement.
2.

Under California law, the plaintiff’s medical special damages are limited to the amounts

for which he is responsible, which is the amount paid by Medicare or any other third-party provider.
3.

While the plaintiff has sought the conditional payment letter from Medicare, he has not

received it.
4.

Until the true amount of the plaintiff’s damages is reasonably clear, it will be difficult to

discuss the value of the case, which is the purpose of ADR. The parties would like to have the

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Case No. 3:11-cv-03836JR– STIPULATION TO EXTEND TIME COMPLETE ADR

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conditional payment letter if possible, so that there is objective information that all parties can look to in

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preparing their positions. They are hopeful the letter will arrive in January.

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4.

After meeting and conferring with the mediator and making a good-faith effort, with the

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number of parties involved, it proved impossible to schedule the mediation within the time set by this

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court’s order, which was 90 days after the initial case management conference, or January 18, 2012.

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5.

The parties did set the mediation for February 9, 2012, the earliest date that was open for

all parties and the mediator.
6.

For this reason, the parties seek the court’s leave to conduct ADR on February 9, 2012

and that the time to complete ADR is continued to that date or a later date if the court sees fit.
IT IS SO STIPULATED.

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Dated: January 10, 2012

LAW OFFICE OF S. COLIN BROWN

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By:
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/s/
S. Colin Brown
Attorneys for Plaintiff
JOHN ALEXIOU

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Dated: January 10, 2012

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COUNTY OF SANTA CRUZ
By:

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/s/
Dana McRae, County Counsel
Jason M. Heath, Asst. County Counsel
Attorneys for Defendant
COUNTY OF SANTA CRUZ

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Dated: January 10, 2012

LAW OFFICES OF LISA NICOL

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By:

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/s/
Lisa Nicol
Attorneys for Defendant
PACIFIC GAS & ELECTRIC COMPANY

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Case No. 3:11-cv-03836JR– STIPULATION TO EXTEND TIME COMPLETE ADR

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Dated: January 10, 2012

LaMORE, BRAZIER, RIDDLE & GIAMPAOLI

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By:
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/s/
Thomas S. Brazier
Eric Steinle
Attorneys for Defendant
SOQUEL CREEK WATER DISTRICT

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ORDER ON STIPULATION
The stipulation of the parties to seek leave for extra time to conduct ADR on February 9, 2012 is
based on good cause. It is therefore the order of this court that the parties shall conduct ADR on
February 9, 2012 and the authority of the mediator is extended to that date.

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Dated: January 11, 2012.
, 2012
William Alsup
UNITED STATES DISTRICT JUDGE
U. S. District Court Judge

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Case No. 3:11-cv-03836JR– STIPULATION TO EXTEND TIME COMPLETE ADR