Mercado v. Liberty Life Assurance Company of Boston

Filing 19

ORDER Granting Stipulated Request to Decline Referral to ADR. Signed by Judge Maria-Elena James on 4/30/2013. (cdnS, COURT STAFF) (Filed on 4/30/2013)

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1 2 3 4 5 6 7 8 9 10 11 12 CASSIE SPRINGER (SBN 221506) SPRINGER-SULLIVAN & ROBERTS LLP 410 - 12th Street, Suite 325 Oakland, CA 94607 Telephone: 510.992.6130 510.280.7564 Facsimile: css@ssrlawgroup.ann Attorneys for Plaintiff FELT MERCADO PAMELA E. COGAN (SBN 105089) STACY M. TUCKER (SBN 218942) ROPERS, MAJESKI, KOHN & BENTLEY 1001 Marshall Street, Suite 300 Redwood City, CA 94063-2052 Telephone: (650) 364-8200 Facsimile: (650) 780-1701 pcogan@rmkb.com; stucker@rmkb.com Attorneys for Defendant LBERTY LIFE ASSURANCE COMPANY OF BOSTON 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 18 CASE NO. C12-6262 MEJ FELT MERCADO, 19 Plaintiff, 20 V. 21 STIPULATED REQUEST TO DECLINE REFERRAL TO ADR LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant. 22 23 24 Per Civil Local Rule 6.2, Plaintiff FELI MERCADO and defendant LIBERTY LIFE 25 ASSURANCE COMPANY OF BOSTON ("Liberty Life") hereby petition this Court to grant its 26 stipulated motion to the following: 27 1. WHEREAS, on February 21, 2013 the parties filed a stipulation and proposed 28 RC1/6842785.I/SMT - 1 STIPULATION TO DECLINE ADR REFERRAL CASE NO. C12-6262 MEJ 1 2 3 4 5 6 7 8 9 10 order selecting private mediation in this action; 2. WHEREAS, on March 6, 2013 this court approved the parties' stipulation selecting private mediation; 3. WHEREAS, the parties participated in private mediation on March 25, 2013 and were unable to resolve their differences, 4. WHEREAS, this court issued a case management order on April 16, 2013 in which it referred this action to ADR for mediation; 5. WHEREAS, the parties do not believe that additional mediation will prove productive at this time; IT IS HEREBY STIPULATED by and between Plaintiff and Liberty Life, through their 11 respective attorneys of record, that in the interests of efficiency benefitting the parties and this 12 Court the parties ask to decline the Court's referral of this case to the ADR department for 13 mediation and jointly request that the Court rescind that referral. 0 0 14 IT IS SO STIPULATED. 15 16 SPR1NGER-SULLIVAN & ROBERTS LLP Dated: April 26, 2013 17 By: /s/ Cassie Springer Cassie Springer 18 19 20 Attorneys for Plaintiff FELT MERCADO Dated: April 26, 2013 ROPERS, MAJESKI, KOHN & BENTLEY 21 By: /s/ Stacy M Tucker PAMELA E. COGAN STACY M TUCKER Attorneys for Defendant LIBERTY LIFE ASSURANCE COMPANY OF BOSTON 22 23 24 25 IT IS SO ORDERED. The Court may re-instate the ADR referral at a later date, if appropriate. 26 27 DATED: April 30 , 2013 United States Magistrate Court Judge Maria Elena James 28 RC1/6842785.1/SMT 2- STIPULATION TO DECLINE ADR REFERRAL CASE NO. C12-6262 MEI

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