Green et al v. Betz

Filing 32

STIPULATED REQUEST TO CONTINUE MEDIATION COMPLIANCE DATE; ORDER. Signed by Judge Maxine M. Chesney on June 13, 2014. (mmclc2, COURT STAFF) (Filed on 6/13/2014)

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Thomas F. Bertrand, State Bar No. 056560
Michael C. Wenzel, State Bar No. 215388
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants
DEPUTY R. BETZ
JOHN L. BURRIS, State Bar No. 69888
DEWITT M. LACY, State Bar No. 258789
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff
MARCELLUS GREEN

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MARCELLUS GREEN, an individual,

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Plaintiff,

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v.

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Case No. 3:13-cv-01671-MMC
STIPULATED REQUEST TO CONTINUE
MEDIATION COMPLIANCE DATE;
[PROPOSED] ORDER

DEPUTY R. BETZ, individually and in his
capacity as a Deputy Sheriff for the County of
Alameda; DOES 1-10, inclusive; individually
and in their capacities as Deputy Sheriffs for the
County of Alameda,

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Defendants.
Hon. Maxine M. Chesney

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STIPULATED REQUEST TO CONTINUE MEDIATION COMPLIANCE DATE; [PROPOSED] ORDER
Green, et al. v. Betz, et al.
U.S.D.C. Northern District of CA Case No. 3:13-cv-01671-MMC

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Defendant DEPUTY R. BETZ, deputy sheriff for the County of Alameda, and plaintiff
MARCELLUS GREEN, hereby stipulate as follows:
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The parties respectfully request at this time, due to the unavailability of the parties and

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mediator Mr. Richard Wiebe, that the Mediation Compliance Date be continued for the following

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reasons:

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(a)

On November 5, 2013, the parties were assigned by the Court to Mediator Richard

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Wiebe. Since December 2013, the parties have been conferring with Mr. Wiebe on available and

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appropriate dates for mediation.

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(b)

Due to the need for the parties to complete required and outstanding discovery

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before mediation, including necessary deposition which included traveling out of the bay area, the parties

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were unable to comply with the September 27, 2013 order to complete mediation by March 27, 2013 and

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filed a Stipulated Request to Continue Mediation Compliance Date on February 18, 2014.

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(c)

On February 19, 2014, the Court extended the Mediation Compliance Deadline to

(d)

On February 28, 2014, Mr. Wiebe informed counsel that his availability was

June 13, 2014.

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limited from the middle to the end of May and the first week of June and requested that counsel provide

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their availability for mediation for June 9 through 13, 2014.

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(e)

On April 9, 2014, defendant’s counsel informed Mr. Wiebe and plaintiff’s counsel

of defendant’s availability for mediation on June 9th and 11th.
(f)

On April 9, 2014, following defendant’s counsel’s correspondence regarding

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availability for mediation, plaintiff’s counsel informed Mr. Wiebe and defendant’s counsel that plaintiff

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was not available the week of June 9th due to plaintiff’s counsel’s trial schedule. Plaintiff’s counsel

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indicated that he was available for mediation the first week of June.

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(g)

A number of dates in the first and second week of June were discussed among the

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parties and Mr. Wiebe as potentially available for mediation. None of the dates exchanged were available

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for all necessary and involved parties.

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(h)

On May 19, 2014, in a further attempt to determine an appropriate and agreeable

date for mediation, defendant requested plaintiff provide any dates between that day and the mediation
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STIPULATED REQUEST TO CONTINUE MEDIATION COMPLIANCE DATE; [PROPOSED] ORDER
Green, et al. v. Betz, et al.
U.S.D.C. Northern District of CA Case No. 3:13-cv-01671-MMC

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compliance deadline of June 13, 2014 that plaintiff would be available to attend mediation. Plaintiff

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replied on May 20, 2014 that they were available on June 9, 10, and 11, 2014.

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(i)

jury duty the week of June 9, 2014.

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On May 27, 2014, Mr. Wiebe informed the parties that he had been summoned for

(j)

Plaintiff resides outside of the bay area thus further complicating the scheduling of

mediation due to his traveling issues.
2.

Due to the schedules of the parties’ counsel, the mediator, and the plaintiff, the parties

have been unable to schedule mediation.
3.

In anticipation of the Court’s approval of this stipulation, defendant’s requested and Mr.

Wiebe provided his availability for the last two weeks of July, 2014.
4.

On June 12, 2014 the parties agreed to stipulate to an extension of the mediation

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compliance deadline, subject to the Court’s approval, to accommodate the parties’ and the mediator’s

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schedules.

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5.

A further extension of the mediation compliance date is therefore necessary for the parties

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to complete mediation. Absent a continuance, the parties will be unable to participate in mediation prior

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to the currently set deadline of June 13, 2014.

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6.

The parties therefore stipulate to extend the time for the parties to comply with mediation

through and including August 29, 2014.

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7.

This extension will not alter any event or deadline already fixed by Court order.

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8.

The parties respectfully request that the Court approve this stipulation and incorporate its

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terms in an Order

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IT IS SO STIPULATED.

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Dated: June 12, 2014

LAW OFFICES OF JOHN L. BURRIS
By:

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/s/ Dewitt Lacy
John L. Burris
DeWitt Lacy
Attorneys for Plaintiff
MARCELLUS GREEN

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STIPULATED REQUEST TO CONTINUE MEDIATION COMPLIANCE DATE; [PROPOSED] ORDER
Green, et al. v. Betz, et al.
U.S.D.C. Northern District of CA Case No. 3:13-cv-01671-MMC

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Dated: June 12, 2014

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BERTRAND, FOX & ELLIOT
By:

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/s/ Michael C. Wenzel
Michael C. Wenzel
Attorneys for Defendants
DEPUTY R. BETZ

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[PROPOSED] ORDER

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Upon the foregoing Stipulation, and for good cause shown, IT IS ORDERED that the mediation
compliance deadline shall be extended to August 29, 2014.

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Dated: __________, 2014
June 13
Maxine M. Chesney
UNITED STATES SENIOR DISTRICT JUDGE

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STIPULATED REQUEST TO CONTINUE MEDIATION COMPLIANCE DATE; [PROPOSED] ORDER
Green, et al. v. Betz, et al.
U.S.D.C. Northern District of CA Case No. 3:13-cv-01671-MMC