McMartin v. Mendocino-Lake Community College District

Filing 26

STIPULATION AND ORDER RE 25 CONTINUING MEDIATION COMPLIANCE DATE. Signed by Judge Richard Seeborg on 11/15/12. (cl, COURT STAFF) (Filed on 11/16/2012)

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Eugene B. Elliot, CA State Bar No. 111475
Michael C. Wenzel, CA State Bar No. 215388
BERTRAND, FOX & ELLIOT
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
MENDOCINO-LAKE
COMMUNITY COLLEGE DISTRICT

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Susan Sher, WA State Bar No. 14210
Law Offices of Susan Sher
116 South State Street
Ukiah, CA 95482
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Plaintiff
DUNCAN McMARTIN

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DUNCAN McMARTIN,

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Plaintiff,

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v.

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Case No. 3:12-cv-02446-RS
STIPULATION AND [PROPOSED] ORDER
CONTINUING MEDIATION COMPLIANCE
DATE

MENDOCINO-LAKE COMMUNITY
COLLEGE DISTRICT

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Defendants.

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Defendant MENDOCINO-LAKE COMMUNITY COLLEGE DISTRICT and plaintiff DUNCAN
MCMARTIN, by and through their respective attorneys of record, hereby stipulate as follows:
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The parties appeared for an initial case management conference on August 23, 2012.

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Pursuant to this Court's Pretrial Order dated August 24, 2012, the following discovery and dispositive

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motion deadlines were set:
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STIPULATED REQUEST TO EXTEND TIME TO RESPOND TO COMPLAINT;
[PROPOSED] ORDER

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(A)

Non-Expert Discovery to be completed by 08-02-13;

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(B)

Expert Discovery to be completed by 10-18-13;

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(C)

All Pre-Trial motions to be heard by 01-09-14

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(D)

Final Pre-Trial Conference to be held 03-13-14

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(e)

Trial to commence 03-24-14

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2.

The parties were further referred to mediation on August 24, 2012 and were ordered to

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complete the mediation within 120 days of August 24, 2012 (December 22, 2012). The parties were

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assigned to mediator Jeffrey Wohl and agreed to schedule mediation for December 10, 2012.

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3.

The parties agreed at the Conference that they would limit themselves to one witness/party

deposition per side prior to mediation.
4.

Plaintiff's deposition was commenced on November 1, 2012, the soonest date practical

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after the parties propounded and responded to initial necessary discovery. The deposition could not be

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completed on November 1, 2012. To date, approximately six hours of deposition time has been taken.

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The parties are presently meeting and conferring regarding the reasonably appropriate additional

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deposition time needed to complete the deposition, but have agreed to additional time. The parties

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contemplate scheduling that continued deposition for late November/early December, as counsel for

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defendant is scheduled to be on vacation from November 19 through November 25, 2012.

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5.

Plaintiff took a single pre-mediation deposition of a key witness on November 6, 2012.

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6.

To be adequately prepared in advance of mediation, defendant needs to further depose

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plaintiff. Following the deposition, counsel for defendant needs time to advise and meet with his clients

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in advance of deposition. Absent completing the foregoing, defendant will be unable to meaningfully

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participate in mediation.

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7.

The parties do not intend to and are not seeking to expand any pre-mediation discovery

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not contemplated at and agreed to at the initial Case Management Conference of August 23, 2012. The

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parties are only requesting additional time so that plaintiff can be further deposed and defendant can

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adequately prepare for mediation.

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8.

The parties have consulted with mediator Jeffrey Wohl and have obtained two dates in

January (January 8, 2012 and January 30, 2012) for which he is available. The parties will be unable to
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STIPULATED REQUEST TO EXTEND TIME TO RESPOND TO COMPLAINT;
[PROPOSED] ORDER

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confirm the exact date of mediation until November 20, 2012 at the earliest, as a key participant to the

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mediation is presently unreachable until November 20, 2012 due to a death in the family.

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9.

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 January 30, 2013, so that the parties can

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complete necessary discovery.

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10.

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

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with the presently scheduled pretrial and trial dates set by the Court. The parties have submitted no prior

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stipulations to alter any deadlines set by the Court.

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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.
BERTRAND, FOX & ELLIOT

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Dated: November 15, 2012

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By: /s/ Michael C. Wenzel, Esq.
Eugene B. Elliot, Esq.
Michael C. Wenzel, Esq.
Attorneys for Defendant
MENDOCINO-LAKE
COMMUNITY COLLEGE DISTRICT

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LAW OFFICES OF SUSAN SHER

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Dated: November 15, 2012

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By: /s/ Susan Sher, Esq.
Susan Sher, Esq.
Attorneys for Plaintiff
DUNCAN McMARTIN
ORDER

GOOD CAUSE APPEARING THEREFORE, and the parties’ having stipulated to same, the
parties’ stipulation is hereby APPROVED. The deadline for the parties to complete mediation shall be
continued until January 30, 2013.
IT IS SO ORDERED.
11/15/12
DATED: ________________

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HONORABLE RICHARD SEEBORG
United States District Judge
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STIPULATED REQUEST TO EXTEND TIME TO RESPOND TO COMPLAINT;
[PROPOSED] ORDER