Lang v. County of Sonoma et al

Filing 35

STIPULATION AND ORDER to Submit Matter to Private Mediation in Lieu of Early Neutral Evaluation and to Complete Mediation after the Presently Scheduled ENE Deadline. Case referred to Private ADR. Signed by Judge Thelton E. Henderson on 01/02/2013. (tmi, COURT STAFF) (Filed on 1/2/2013)

1
2
3
4
5
6
7
8

Thomas F. Bertrand, State Bar No. 056560
Richard W. Osman, State Bar No. 167993
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants
COUNTY OF SONOMA, SONOMA COUNTY
SHERIFF'S OFFICE, ERIC SALKIN, CHRISTOPHER
HASS and MARK FUSTON

9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11
12

PETER JUSTIN LANG,

13

Plaintiff,

14

Case No. CV-12-0983 TEH

v.

STIPULATION TO SUBMIT MATTER TO
PRIVATE MEDIATION IN LIEU OF EARLY
NEUTRAL EVALUATION AND TO COMPLETE
MEDIATION AFTER THE PRESENTLYSCHEDULED ENE DEADLINE

15 COUNTY OF SONOMA, SONOMA
COUNTY SHERIFF'S OFFICE, ERIC
16 SALKIN, CHRISTOPHER HASS and MARK
FUSTON,
17
Defendants.
18
19
20
21
22

The parties, by and through their respective counsel, hereby stipulate and request that they be
permitted to submit this matter to private mediation instead of the presently-ordered Early Neutral
Evaluation and request that they be permitted to complete the private mediation after January 3, 2013—
the date presently scheduled ENE—based on the following:

23
24
25
26
27

1.

On October 15, 2012, this matter was referred to Early Neutral Evaluation. Thereafter,

ENE Evaluator James Fitzpatrick was assigned to the matter. ENE was scheduled for January 3, 2012.
During the pre-ENE conference call, Mr. Fitzgerald indicated a belief that this matter is better suited to
mediation than ENE.

28

1
STIPULATION TO SUBMIT MATTER TO PRIVATE MEDIATION IN LIEU OF ENE
Lang v. County of Sonoma
U.S.D.C. Northern District of CA Case No. CV 11-03085 JSW

1

2.

Counsel for all parties extensively met and conferred between November 1, 2012 and

2

present and agree that private mediation is a better ADR process for this matter and is more likely to lead

3

to eventual resolution of this case.

4
5

3.

private mediation and that the present stipulation will be filed, requesting private mediation.

6
7

4.

The parties have agreed to use the service of mediator James Larson with JAMS and have

obtained multiple available dates from JAMS during January and February 2013.

8
9

Counsel have contacted Mr. Fitzgerald and explained their desire to submit the matter to

5.

Counsel for defendants is scheduled for trial in Marin County Superior Court from

January 8, 2012 to January 18, 2013.

10

6.

On November 14, 2012, Plaintiff Peter Lang underwent two surgical procedures related to

11

the incident giving rise to his Complaint. These surgeries were to further repair his fractured shoulder and

12

to remove a metal plate from his fractured knee which had been surgically repaired on the night

13

following the incident. Both of these surgeries were performed at Kaiser Permanente in Santa Rosa, and

14

the records and billings acquisitions are handled by HealthCare Recoveries for Kaiser Permanente

15

Counsel for plaintiffs has had difficulty obtaining medical billing records from Healthcare Recoveries,

16

which forwarded four sets of request forms, general and special HIPAA authorizations, and

17

reimbursement guarantee contracts related to plaintiff’s surgeries. Although the documents were fully

18

executed and the medical records and billing statements were requested on an expedited basis, Plaintiff’s

19

counsel has received correspondence from Healthcare Recoveries indicating that its actual production of

20

these records and corresponding bills will be at least 60 days, which calculates to February 14, 2013.

21

These records and itemized billing statements are important, if not essential, to a possible resolution of

22

the Plaintiff's claim.

23

///

24

///

25

///

26

///

27

///

28

///

2
STIPULATION TO SUBMIT MATTER TO PRIVATE MEDIATION IN LIEU OF ENE
Lang v. County of Sonoma
U.S.D.C. Northern District of CA Case No. CV 11-03085 JSW

1

7.

Based on the above, the parties respectfully request they be permitted to submit this matter

2

to private mediation with James Larson before the end of February, 2013 in lieu of Early Neutral

3

Evaluation.

4

Dated: December 27, 2012

Respectfully submitted,

5

/s/ Richard W. Osman
RICHARD OSMAN
Attorney for Defendants
City of San Rafael, Twin Cities
Police Authority, Wanda Spaletta and
Anthony Shaw

6
7
8
9

/s/ John W.Phillips
JOHN W. PHILLIPS
Attorney for Plaintiff

10
11
12
13
ORDER

14

February 28, 2013.
S

Dated: 01/02/2013

UNIT
ED

nderson

NO

20

RT

. He
helton E
Judge T

21

H

ER

22

R NIA

________________________________________
HONORABLE THELTON E. HENDERSON

19

FO

18

RT
U
O

17

S DISTRICT
TE
C
TA

LI

16

Good cause appearing, the parties are hereby referred to private mediation to be completed before

A

15

N

F
D IS T IC T O
R

23
24
25
26
27
28

3
STIPULATION TO SUBMIT MATTER TO PRIVATE MEDIATION IN LIEU OF ENE
Lang v. County of Sonoma
U.S.D.C. Northern District of CA Case No. CV 11-03085 JSW

C