Lander v. Hunt & Henriques et al

Filing 39

STIPULATION AND ORDER Removing Action from ADR. Signed by Judge Thelton E. Henderson on 04/08/2013. (tmi, COURT STAFF) (Filed on 4/8/2013)

1
2
3
4
5
6
7

Joshua B. Swigart (SBN: 225557)
[e-mail]
Robert L. Hyde, Esq. (SBN: 227183)
[e-mail]
Desiree D. Nguyen (SBN: 278811)
[e-mail]
Hyde & Swigart
605 Market St., Ste. 1200
San Francisco, CA 94105-3214
Telephone: [phone]
Facsimile: [phone]

8
9
10

12
San Diego, California

YDE & SWIGART

11

13
14
15

Attorneys for Plaintiff,
Lindsey A. Morgan (SBN: 274214)
[e-mail]
Tomio B. Narita (SBN: 156576)
[e-mail]
Simmonds & Narita LLP
44 Montgomery St., Ste. 3010
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

16
17

Attorneys for Defendants,

18
19
20

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

21
22

ALICIA LANDER

23
24
25
26
27

CASE NO: 12-CV-01867-TEH
PLAINTIFF,

V.

HUNT & HENRIQUES; PORTFOLIO
RECOVERY ASSOCIATES, LLC.
DEFENDANT.

JOINT MOTION TO REMOVE
ACTION FROM ALTERNATIVE
DISPUTE RESOLUTION
PROGRAM
HON. THELTON E.
HENDERSON

28
______________________________________________________________________________________________________
Joint Motion
- 1 of 3 12-cv-01867-TEH

1

The parties hereby stipulate and jointly request that the Court remove this

2

case from the Court’s ADR program.

This case is set for a judicial settlement

3

conference with Magistrate Judge Kandis A. Westmore on April 10, 2013, and the

4

parties wish to focus their efforts on resolving the case at that time.

5

The parties were scheduled to attend a mediation arranged through the

6

Court’s ADR Department on March 21, 2013. However, on March 11, 2013, ten

7

days before the mediation, counsel for Plaintiff notified the mediator and counsel

8

for Defendants that they intended to withdraw as counsel of record for Plaintiff.

9

Based on that representation, counsel for Defendant and the mediator agreed to take

10

the March 21, 2013 mediation off-calendar.
Counsel for Plaintiff subsequently indicated that they were not withdrawing

12

from representation, but there was insufficient time to reschedule the mediation

13

prior to the March 29, 2013 completion deadline.

14

The parties then attended a joint telephone conference with Howard Herman

15

of the ADR department on April 1, 2013. During the call, the parties agreed that in

16

light of the settlement conference, set for April 10, 2013, the best use of judicial

17

resources was to proceed with the settlement conference and request the Court to

18

remove the case from the ADR program.

19
20

For the foregoing reasons, the parties hereby request that this matter be
removed from the Court’s ADR program.

21
22

IT IS SO STIPULATED.

23
Dated: April 4, 2013

28

NO

ERED

O ORD

IT IS S

rson

FO

. Hende

lton E
dge The

H

LI

RT

Ju

ER

By: _/s/ Robert L. Hyde___
Robert L. Hyde, Esq.
Attorneys for Plaintiff

R NIA

S

27

26

04/08/2013

RT
U
O

25

HYDE & SWIGART

S DISTRICT
TE
C
TA

A

24

UNIT
ED

San Diego, California

HYDE & SWIGART

11

C

N
______________________________________________________________________________________________________
OF
D
Joint Motion I S T R I C T
- 2 of 3 12-cv-01867-TEH

1

Dated: April 4, 2013

Simmonds & Narita, LLP

2
By: _/s/ Tomio B. Narita______
Tomio B. Narita, Esq.
Attorneys for Defendants

3
4
5
6
7

Signature Certification

8
9
10

12
San Diego, California

HYDE & SWIGART

11

13
14
15
16
17

Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative
Policies and Procedures Manual, I hereby certify that the content of this document
is acceptable to Tomio B. Narita counsel for the Defendants, and that I have
obtained Mr. Narita’s authorization to affix his electronic signature to this
document.
Dated: April 4, 2013

HYDE & SWIGART
By: _/s/ Robert L. Hyde___
Robert L. Hyde, Esq.
Attorneys for Plaintiff

18
19
20
21
22
23
24
25
26
27
28
______________________________________________________________________________________________________
Joint Motion
- 3 of 3 12-cv-01867-TEH