Frary et al v. County of Marin et al

Filing 47

ORDER by Magistrate Judge Maria-Elena James granting #46 Stipulation to Continue Mediation. (rmm2S, COURT STAFF) (Filed on 4/30/2013)

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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]

Steven M. Perl, State Bar No. 100074
Renee Giacomini Brewer, State Bar No. 173012
OFFICE OF THE COUNTY COUNSEL
3501 Civic Center Drive, Room 275
San Rafael, CA 94903
Telephone.: [phone]
Facsimile: [phone]
Attorneys for Defendants
COUNTY OF MARIN,
SHERIFF ROBERT T. DOYLE,
and DEPUTY RACHEL HAMMER

Attorneys for Defendants
CITY OF NOVATO, CHIEF JOSEPH KREINS,
OFFICER THOMAS MACKENZIE, OFFICER
MICHAEL DUNN and OFFICER STEPHANIE
COMMISTO

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David L. Fiol, State Bar No. 203546
BRENT, FIOL & NOLAN LLP
Two Embarcadero Center, 18th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

Charles A. Bonner, State Bar No. 85413
A. Cabral Bonner, State Bar No. 247528
BONNER & BONNER
475 Gate Five Road, Suite 212
Sausalito, CA 94965
Telephone: [phone]
Facsimile: 415-331-2738

Attorneys for Plaintiffs
LYNNETTE FRARY AND JAMIE BALL

Attorneys for Plaintiff
HEATHER HOWARD

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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LYNNETTE FRARY, Individually and as
Administrator of the Estate of Anthony
Brandon Carmignani, Deceased, JAMIE BALL,
as Natural Guardian of Amaya Carmignani, a
minor, and HEATHER HOWARD,

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Plaintiffs,

Case No. 3:12-cv-03928-MEJ

STIPULATION TO CONTINUE MEDIATION
DEADLINE

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v.
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COUNTY OF MARIN, et al.,
Defendants.

Trial Date: April 14, 2014

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STIPULATION TO CONTINUE MEDIATION DEADLINE
Frary v. County of Marin, et al.
U.S.D.C. Northern District of CA Case No. CV-12-3928 MEJ

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Pursuant to Northern District ADR Local Rule 6-5, the parties, by and through their respective

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counsel, hereby stipulate and request that the deadline to complete mediation in this matter be extended

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from June 10, 2013 to September 30, 2013.

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On March 7, 2013, the Court issued its case management order, scheduling trial for April 14,

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2014 and referring this matter to mediation. Pursuant to Northern District ADR Local Rule 6-4(b),

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mediation is to be completed by June 10, 2013.

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On April 8, 2013, all parties except HEATHER HOWARD, exchanged initial disclosures.
HEATHER HOWARD served her initial disclosures on April 16, 2013.

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On April 18, 2013, the Court issued it order appointing mediator Noah G. Blechman.

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The parties recently commenced discovery and believe it is important and necessary to complete

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multiple depositions, including the depositions of plaintiffs, police personnel, jail personnel and medical

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staff prior to submitting the matter to mediation.

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All counsel discussed the mediation deadline and agreed to request a continuance of the June 10,

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2013 deadline to September 30, 2013 to accommodate the need to undertake significant discovery to

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make the mediation session productive. The parties also notified Mr. Blechman of their intent to seek a

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continuance of the mediation deadline.

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IT IS SO STIPULATED.

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STIPULATION TO CONTINUE MEDIATION DEADLINE
Frary v. County of Marin, et al.
U.S.D.C. Northern District of CA Case No. CV-12-3928 MEJ

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Dated: April 26, 2013

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By: /s/ Richard W. Osman
Thomas F. Bertrand
Richard W. Osman
Attorneys for Defendants
CITY OF NOVATO, CHIEF JOSEPH KREINS,
OFFICER THOMAS MACKENZIE, OFFICER
MICHAEL DUNN and OFFICER STEPHANIE
COMMISTO

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BERTRAND, FOX & ELLIOT

Dated: April 26, 2013

BRENT, FIOL & NOLAN LLP

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By: /s/ David L. Fiol
David L. Fiol
Attorneys for Plaintiffs
LYNNETTE FRARY AND JAMIE BALL

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Dated: April 26, 2013

BONNER & BONNER
By: /s/ Charles A. Bonner
Charles A. Bonner
Attorneys for Plaintiff
HEATHER HOWARD

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Dated: April 26, 2013

OFFICE OF THE COUNTY COUNSEL
By: /s/ Steven M. Perl
Steven M. Perl
Attorneys for Defendants
COUNTY OF MARIN,
SHERIFF ROBERT T. DOYLE,
and DEPUTY RACHEL HAMMER

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STIPULATION TO CONTINUE MEDIATION DEADLINE
Frary v. County of Marin, et al.
U.S.D.C. Northern District of CA Case No. CV-12-3928 MEJ

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PROPOSED ORDER
Upon the foregoing Stipulation, and for good cause shown, IT IS ORDERED that the deadline to
complete mediation in the present matter is continued from June 10, 2013 to September 30, 2013

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DATED:

April 30

, 2013
HONORABLE MARIA-ELENA JAMES

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STIPULATION TO CONTINUE MEDIATION DEADLINE
Frary v. County of Marin, et al.
U.S.D.C. Northern District of CA Case No. CV-12-3928 MEJ