Prentice v. National Railroad Passenger Corporation

Filing 33

ORDER GRANTING 32 STIPULATION WITH PROPOSED ORDER TO CONTINUE DEADLINE TO COMPLETE MEDIATION filed by Colin Haughin, Nancy Prentice. Signed by Judge Maria-Elena James on 7/18/2013. (cdnS, COURT STAFF) (Filed on 7/18/2013)

1 MAJORS & FOX
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LLP

Frank J. Fox SBN139147(Ca.)
Lawrence J. Salisbury SBN179748(Ca.)
Andrew M. Greene SBN167386(Ca.)
401 West "A" Street, Suite 2350
San Diego, California 92101-7921
Telephone: [phone]
Facsimile: [phone]
Emails: [e-mail]; [e-mail];
[e-mail]

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ATTORNEYS AGAINST ABUSE OF ELDERS
7 Mark Alan Redmond, Esq. SBN161520(Ca.)
Plaza Five-Fifty-Five

8 555 Capitol Mall, Suite 770
Sacramento, California 95814-4502

9 Telephone: [phone]
Facsimile: [phone]

10 Email: [e-mail]
11 Attorneys for Plaintiffs Nancy Prentice and Colin Haughin
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

16 NANCY PRENTICE and COLIN HAUGHIN,
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Plaintiffs,
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DEADLINE TO
COMPLETE MEDIATION

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19 NATIONAL RAILROAD PASSENGER
CORPORATION dba AMTRAK, a District of
20 Columbia corporation; UNION PACIFIC
RAILROAD COMPANY, a Delaware
21 corporation,
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Case No. 3:12-cv-05856-MEJ

Date:
Time:
Courtroom:
Judge:

August 1, 2013
10:00 a.m.
B, 15th Floor
Hon. Maria-Elena James

Defendant.
Date Filed: November 15, 2012

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WHEREAS, on or about January 25, 2013, the parties stipulated to a Court-ordered

26 mediation in this case; and
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WHEREAS, the Court appointed William Simmons as mediator in response to the

28 parties' stipulation; and
Stipulation and Order to Continue Deadline to Complete Mediation

3:12-cv-05856-MEJ

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WHEREAS, the mediator, with input from the parties, scheduled mediation for

2 July 19, 2013, to allow the parties enough time to complete the discovery necessary to
3 make the mediation meaningful; and
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WHEREAS, after investigation and discovery by Plaintiffs, the parties stipulated to

5 the filing of an amended complaint to allow Plaintiffs to assert a claim for punitive
6 damages and to allow Defendant the opportunity to challenge that assertion by a motion
7 under Rule 12; and
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WHEREAS, on or about July 16, 2013, the parties entered into a stipulation to allow

9 Plaintiffs a further opportunity to amend the complaint in light of the issues raised by
10 Defendant's Rule 12 motion; and
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WHEREAS, as part of that process Plaintiffs have added an additional defendant, ;

12 Union Pacific Railroad Company; and
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WHEREAS, until the pending second amended complaint is at issue, the parties

14 agree that the currently scheduled mediation is premature; and
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WHEREAS, after discussion with the parties, Mr. Simmons also agrees that the

16 mediation is premature at this time.
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NOW, THEREFORE, in light of the foregoing, the parties stipulate as follows:

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1.

The mediation currently scheduled for July 19 is hereby continued until a

19 mutually agreeable date in October, 2013.
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2.

The mediation completion date is hereby continued until November 1, 2013.

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22 DATED: July 17, 2013

MAJORS & FOX LLP

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ATTORNEYS AGAINST ABUSE OF ELDERS

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By:

/s/Lawrence J. Salisbury
Lawrence J. Salisbury

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Attorneys for Plaintiffs Nancy Prentice and
Colin Haughin

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MAJORS & FOX LLP
Pacific Western Bank Bldg.
401 West "A" St., Ste. 2350
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

-2Stipulation and Order to Continue Deadline to Complete Mediation

3:12-cv-05856-MEJ

1 DATED: July 17, 2013

MAJORS & FOX LLP

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LOMBARDI, LOPER & CONANT, LLP

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By:

/s/Kara A. Abelson
Kara A. Abelson

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Attorneys for Defendant National Railroad
Passenger Corporation

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ORDER

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WHEREAS, good cause exists for the relief requested herein, the Court hereby

10 makes the foregoing Stipulation the Order of this Court.
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IT IS SO ORDERED.

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13 Dated:
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July 18, 2013
Honorable Maria-Elena James
UNITED STATES MAGISTRATE JUDGE

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MAJORS & FOX LLP

Pacific Western Bank Bldg.
401 West "A" St., Ste. 2350
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

-3Stipulation and Order to Continue Deadline to Complete Mediation

3:12-cv-05856-MEJ

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PROOF OF SERVICE

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I under penalty of perjury that I am employed in the office of a member of the bar of
this Court at whose direction the service was made, over the age of 18 years and not a
3 party to this action; my business address is 401 West “A” Street, Suite 2350, San Diego,
CA 92101. On July 17, 2013, I served the following:
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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE DEADLINE TO COMPLETE MEDIATION

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7 as designated below and addressed as follows:
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SEE ATTACHED SERVICE LIST
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(By Mail) I placed a copy of each document in an envelope for each addressee,
sealed each envelope and, with postage thereon, fully prepaid, placed each
envelope for deposit with the U.S. Postal Service at San Diego, CA.

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(By Overnight Delivery) I placed a copy of each document in an overnight
delivery package for each addressee, sealed each package and, with delivery
fees fully provided for, placed each package for deposit in a box regularly
maintained by the overnight delivery service at San Diego, CA.

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(By Electronic Delivery) Pursuant to written consent of the parties, I transmitted
each document to each addressee at the facsimile number or email address listed
on the attached Service List. Confirmation of receipt was received from each
addressee's facsimile machine or email address.

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(By Personal Delivery) I personally delivered a copy of each document, or
provided a copy of each document to a messenger and instructed him/her to
personally deliver the copies, to each addressee by leaving copies at the address
listed on the attached service list with a person in charge or in a conspicuous
place.

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(Through the Court's CM/ECF System) Each document was filed through the
Court's CM/ECF service and each party or the party's attorney is a registered user
of that service. Immediately after filing, I received a Notice of Electronic Filing
which indicated that all registered parties were served through the Court's
CM/ECF service.
Executed this same day at San Diego, California.

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Rae T. Barzona
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/s/ Rae T. Barzona

Type or Print Name

Signature
(original signature retained by attorney
Andrew M. Greene)

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MAJORS & FOX LLP

Pacific Western Bank Bldg.
401 West "A" St., Ste. 2350
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

-4Stipulation and Order to Continue Deadline to Complete Mediation

3:12-cv-05856-MEJ

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SERVICE LIST

2 B. Clyde Hutchinson, Esq.
Kara A. Abelson, Esq.
3 LOMBARDI, LOPER & CONANT, LLP
1999 Harrison Street, Suite 2600
4 Oakland, California 94612-3541
Phone: [phone]; Fax: [phone]
5 Email: [e-mail]

Attorneys for Defendant National
Railroad Passeger Corporation dba
AMTRAK

6 Mark A. Redmond, Esq.
The Law Offices of Mark A. Redmond
7 Plaza Five-Fifty-Five
555 Capitol Mall, Suite 770
8 Sacramento, California 95814-4502
Phone: [phone]; Fax: [phone]
9 Email: [e-mail]

Attorneys for Plaintiffs Nancy Prentice
and Colin Haughin

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MAJORS & FOX LLP

Pacific Western Bank Bldg.
401 West "A" St., Ste. 2350
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

-5Stipulation and Order to Continue Deadline to Complete Mediation

3:12-cv-05856-MEJ