Prentice v. National Railroad Passenger Corporation

Filing 19

ORDER by Magistrate Judge Maria-Elena James granting 18 Stipulation to Continue Deadlines to complete Mediation and Discovery, and to Grant Plaintiffs' leave to file a First Amended Complaint. (rmm2S, COURT STAFF) (Filed on 5/16/2013)

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B. CLYDE HUTCHINSON, State Bar No. 037526
[e-mail]
KARA A. ABELSON, State Bar No. 279320
[e-mail]
LOMBARDI, LOPER & CONANT, LLP
Lake Merritt Plaza
1999 Harrison Street, Suite 2600
Oakland, CA 94612-3541
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
NATIONAL RAILROAD PASSENGER
CORPORATION dba AMTRAK

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UNITED STATES DISTRICT COURT

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Lake Merritt Plaza
1999 Harrison Street, Suite 2600
Oakland, CA 94612-3541

LOMBARDI, LOPER & CONANT, LLP

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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NANCY PRENTICE and COLIN
HAUGHIN,

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Plaintiffs,

Case No. C12-05856 MEJ
ASSIGNED FOR ALL PURPOSES TO
HONORABLE MARIA-ELENA JAMES

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v.
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NATIONAL RAILROAD PASSENGER
CORPORATION dba AMTRAK, a
District of Columbia corporation,

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STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DEADLINES TO
COMPLETE MEDIATION AND
DISCOVERY, AND TO GRANT
PLAINTIFFS' LEAVE TO FILE A FIRST
AMENDED COMPLAINT

Defendant.
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The parties by and through their attorneys of record hereby stipulate to the following:

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1)

That the deadline to complete mediation currently set for May 24, 2013 be

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continued to June 24, 2013. The parties have scheduled mediation with court-appointed mediator

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William Simmons for June 21, 2013 at 10:00 a.m. The parties agree that due to scheduling

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conflicts, June 21, 2013 was the earliest mutually-available date that both Defendant and the

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mediator were available to conduct mediation. Thus, a continuance of the mediation deadline is

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necessary to allow the parties to conduct mediation on June 21, 2013;

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2)

That the deadline to complete all discovery, including expert discovery be

13249-42416 KAA 623384.1

Case No. C12-05856 MEJ

STIPULATION AND ORDER TO CONTINUE THE MEDIATION AND DISCOVERY DEADLINES

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continued from July 9, 2013 to August 8, 2013 to allow the parties sufficient time after mediation

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to conduct further discovery if the mediation is unsuccessful. Although the parties are hopeful

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this matter can be resolved through settlement at mediation, the parties are mindful that if the

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matter is not resolved, additional time may be required to complete expert discovery and possibly

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further non-expert discovery after mediation. ;

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3)

That plaintiffs may file a first amended complaint (“FAC”) in this action.

Plaintiffs FAC must be filed and served within ten (10) days of the Court's order granting the

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Stipulation. Defendant's responsive pleading to the FAC must be filed and served within twenty

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(20) days after service of the FAC; and

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Lake Merritt Plaza
1999 Harrison Street, Suite 2600
Oakland, CA 94612-3541

LOMBARDI, LOPER & CONANT, LLP

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4)

That Defendants be allowed to conduct an expedited IME of Plaintiffs with 15

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days written notice provided that Plaintiffs be provided with a copy of any report or any other

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documents including, but not limited to, informal notes, generated by the doctor who conducts the

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IME prior to mediation on June 21, 2013.

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Dated:

May 16, 2013

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MAJORS & FOX, LLP
By:

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/s/ Jonathan L. Gerber
JONATHAN L. GERBER
Attorneys for Plaintiffs

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Dated:

May 16, 2013

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LOMBARDI, LOPER & CONANT, LLP
By:

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/s/ Kara A. Abelson
KARA A. ABELSON
Attorneys for Defendant

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13249-42416 KAA 623384.1

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Case No. C12-05856 MEJ

STIPULATION AND ORDER TO CONTINUE THE MEDIATION AND DISCOVERY DEADLINES

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ORDER
WHEREAS, good cause exists for the relief requested herein, the Court hereby makes the
foregoing Stipulation the Order of this Court.

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IT IS SO ORDERED:
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May 16, 2013
Dated: ____________________

______________________________

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Honorable Maria-Elena James
Chief United States Magistrate Judge

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Lake Merritt Plaza
1999 Harrison Street, Suite 2600
Oakland, CA 94612-3541

LOMBARDI, LOPER & CONANT, LLP

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13249-42416 KAA 623384.1

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Case No. C12-05856 MEJ

STIPULATION AND ORDER TO CONTINUE THE MEDIATION AND DISCOVERY DEADLINES