Rincon v. American Federation of State, County and Municipal Employees

Filing 20

STIPULATION AND ORDER. Signed by Chief Magistrate Judge Maria-Elena James on 12/20/2012. (rmm2S, COURT STAFF) (Filed on 12/20/2012)

4

ANDREW H. BAKER, SBN 104197
BEESON, TAYER & BODINE, APC
483 Ninth Street, 2nd Floor
Oakland, CA 94607
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

5

Attorneys for Defendant AFSCME

6

RICHARD JOHNSTON, SBN 124524
LAW OFFICES OF RICHARD JOHNSTON
131-A Stony Circle, Suite 500
Santa Rosa, CA 95401
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

1
2
3

7
8
9
10

Attorney for Plaintiff MELANIE RINCON

11
12
UNITED STATES DISTRICT COURT
13
FOR THE NORTHERN DISTRICT OF CALIFORNIA
14
AT SAN FRANCISCO
15
MELANIE RINCON,

Case No. C12-04158 MEJ

16
Plaintiff,
JOINT REQUEST TO EXTEND DEADLINE
FOR CONDUCTING MEDIATION
AND [PROPOSED] ORDER

17
v.
18
19

AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES,
Defendant.

20
21
22

Pursuant to U.S.D.C. ADR Local Rule 6-5, Plaintiff Melanie Rincon and Defendant

23

AFSCME submit this joint request to extend the deadline for conducting a mediation session in this

24

matter.

25

The parties’ deadline for conducting a mediation session in this matter is currently January 15,

26

2013. For the following reasons, the parties jointly request that the deadline be extended two weeks,

27

to January 29, 2013.

28
1
JOINT REQUEST TO EXTEND DEADLINE FOR CONDUCTING MEDIATION
AND [PROPOSED] ORDER
Case No. C12-04158 MEJ

Request and [Proposed] Order to
Extend ADR Deadline

1

The parties initiated early settlement discussions in this matter shortly after it was filed. The

2

parties remain committed to discussing early settlement, prior to the necessity of conducting formal

3

mediation. The parties anticipate exchanging formal settlement proposals prior to January 15, 2013.

4

If these efforts fail to produce a settlement of the case, the parties will be prepared to engage in

5

formal mediation no later than January 29, 2013.

6

The parties’ opportunity to engage in informal settlement discussions has been hampered by

7

health problems experienced by Plaintiff’s counsel. These health problems were of sufficient

8

severity that Mr. Johnston’s physician recommended in November 2012 that he cease all work for a

9

period of four weeks, and Mr. Johnston is only now returning to anything approaching his previous

10

law practice. Further information is available should the same be desired; in order to preserve the

11

confidentiality of the medical information in question, we do not go into further detail in this

12

pleading.

13
14

Dated: December 20, 2012

BEESON, TAYER & BODINE, APC

15
/s/Andrew H. Baker
ANDREW H. BAKER
Attorneys for AFSCME
By:

16
17
18

Dated: December 20, 2012

LAW OFFICES OF RICHARD JOHNSTON

19
By:

/s/Richard Johnston
RICHARD JOHNSTON
Attorneys for MELANIE RINCON

20
21
22
23

Good cause appearing therefore, the parties’ joint request to extend the deadline for

24

conducting a mediation session to January 29, 2013, is granted.

25

IT IS SO ORDERED.

26
27

December 20, 2012
Dated: ____________________

____________________________________
Honorable Maria-Elena James

28
2
JOINT REQUEST TO EXTEND DEADLINE FOR CONDUCTING MEDIATION
AND [PROPOSED] ORDER
Case No. C12-04158 MEJ

Request and [Proposed] Order to
Extend ADR Deadline