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)
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Joshua B. Swigart (SBN: 225557)
josh@westcoastlitigation.com
Robert L. Hyde, Esq. (SBN: 227183)
bob@westcoastlitigation.com
Desiree D. Nguyen (SBN: 278811)
desiree@westcoastlitigation.com
Hyde & Swigart
605 Market St., Ste. 1200
San Francisco, CA 94105-3214
Telephone: (415) 495-7770
Facsimile: (415) 495-7773
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San Diego, California
YDE & SWIGART
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Attorneys for Plaintiff,
Lindsey A. Morgan (SBN: 274214)
lmorgan@snllp.com
Tomio B. Narita (SBN: 156576)
tnarita@snllp.com
Simmonds & Narita LLP
44 Montgomery St., Ste. 3010
San Francisco, CA 94104
Telephone: (415) 283-1000
Facsimile: (415) 352-2625
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Attorneys for Defendants,
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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ALICIA LANDER
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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
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______________________________________________________________________________________________________
Joint Motion
- 1 of 3 12-cv-01867-TEH
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The parties hereby stipulate and jointly request that the Court remove this
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case from the Court’s ADR program.
This case is set for a judicial settlement
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conference with Magistrate Judge Kandis A. Westmore on April 10, 2013, and the
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parties wish to focus their efforts on resolving the case at that time.
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The parties were scheduled to attend a mediation arranged through the
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Court’s ADR Department on March 21, 2013. However, on March 11, 2013, ten
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days before the mediation, counsel for Plaintiff notified the mediator and counsel
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for Defendants that they intended to withdraw as counsel of record for Plaintiff.
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Based on that representation, counsel for Defendant and the mediator agreed to take
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the March 21, 2013 mediation off-calendar.
Counsel for Plaintiff subsequently indicated that they were not withdrawing
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from representation, but there was insufficient time to reschedule the mediation
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prior to the March 29, 2013 completion deadline.
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The parties then attended a joint telephone conference with Howard Herman
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of the ADR department on April 1, 2013. During the call, the parties agreed that in
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light of the settlement conference, set for April 10, 2013, the best use of judicial
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resources was to proceed with the settlement conference and request the Court to
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remove the case from the ADR program.
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For the foregoing reasons, the parties hereby request that this matter be
removed from the Court’s ADR program.
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IT IS SO STIPULATED.
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Dated: April 4, 2013
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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
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04/08/2013
RT
U
O
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HYDE & SWIGART
S DISTRICT
TE
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TA
A
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UNIT
ED
San Diego, California
HYDE & SWIGART
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C
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______________________________________________________________________________________________________
OF
D
Joint Motion I S T R I C T
- 2 of 3 12-cv-01867-TEH
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Dated: April 4, 2013
Simmonds & Narita, LLP
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By: _/s/ Tomio B. Narita______
Tomio B. Narita, Esq.
Attorneys for Defendants
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Signature Certification
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San Diego, California
HYDE & SWIGART
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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
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______________________________________________________________________________________________________
Joint Motion
- 3 of 3 12-cv-01867-TEH
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