Ji et al v. Shi et al

Filing 25

ORDER RE: STIPULATION SELECTING MEDIATION re 23 STIPULATION and Proposed Order selecting Mediation by Kent Ji filed by Kent Ji. Signed by Judge Jon S. Tigar on May 14, 2013. (wsn, COURT STAFF) (Filed on 5/14/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KENT JI, et al.,

Case No. 12-cv-06409-JST

Plaintiffs,
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v.

ORDER RE: STIPULATION
SELECTING MEDIATION

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ZHENGRONG SHI, et al.,

Re: Dkt. No. 23

Defendants.

United States District Court
Northern District of California

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The Court has before it the parties’ Stipulation and Proposed Order Selecting Mediation.
ECF No. 23. The stipulation contains the language "subject to insurer approval."

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The stipulation is not compliant with the Court's ADR Scheduling Order, ECF No. 3, and

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is not capable of adoption as an order. For example, the Court cannot set an enforceable deadline

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consisting of "subject to insurer approval." The Court would also remind the parties that no

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insurer is a party to the case, and the Court cannot allow its deadlines to be conditioned on the

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approval of an unnamed non-party.

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Rather than order the parties to submit a revised stipulation, however, the Court will

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discuss this matter further with the parties at the Case Management Conference scheduled for

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May 29, 2013, at 2:00 p.m. Among the other topics the Court will discuss is a deadline by which

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the Plaintiffs must either serve all defendants, or dismiss those who have not been served, so that

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the case can be positioned for effective ADR.

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IT IS SO ORDERED.
Dated: May 14, 2013
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JON S. TIGAR
United States District Judge