Walter Delson v. Harbin Hot Springs et al

Filing 37

STIPULATION AND ORDER TO EXTEND TIME FOR MEDIATION HEARING. Signed by Judge Richard Seeborg on 2/12/15. (cl, COURT STAFF) (Filed on 2/12/2015)

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PAUL L. REIN, Esq. (SBN 43053)
CELIA MCGUINNESS, Esq. (SBN 159420)
CATHERINE M. CABALO (SBN 248198)
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile: 510/832-4787

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Attorneys for Plaintiffs
WALTER DELSON and NICOLE BROWN-BOOKER

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1500 PARK AVE., SUITE 300
EMERYVILLE, CA 94608
[phone]

KATZOFF & RIGGS LLP

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ROBERT R. RIGGS (Bar # 107684)
STEPHEN G. PREONAS (Bar # 245334)
KATZOFF & RIGGS LLP
1500 Park Ave., Suite 300
Emeryville, CA 94608
Tel. No. [phone]
Fax. No. [phone]
Attorneys for Defendants
HARBIN HOT SPRINGS, et al.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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WALTER DELSON and NICOLE
BROWN-BOOKER,

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Plaintiff,
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vs.
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HARBIN HOT SPRINGS, et al.
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Defendants.
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________________________________ )

Case No. C-13-04900 - RS
STIPULATION TO EXTEND
TIME FOR MEDIATION
HEARING AND ORDER
THEREON

Complaint Filed: October 22, 2013
Trial Date:
TBD

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________________________________________________________________
- 1 STIPULATION TO EXTEND TIME FOR MEDIATION HEARING AND ORDER THEREON

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WHEREAS,

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1.

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The present case involves a property consisting of approximately 5000

acres, that includes over ten buildings,(e.g., hotel rooms, conference rooms, restaurants,

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and spa facilities), seven swimming pools and miles of roads and trails (“the Property”);

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2.

Plaintiffs filed their Complaint in this matter on October 22, 2013;

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3.

Defendants filed their Amended Answer on February 12, 2014;

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The Property is larger in size than properties typically involved in litigation

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1500 PARK AVE., SUITE 300
EMERYVILLE, CA 94608
[phone]

KATZOFF & RIGGS LLP

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that is subject to General Order No. 56;
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The parties conducted a joint site inspection under General Order 56 over

several days in February 2014;
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In August 2014, the parties stipulated to delay the General Order 56

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mediation deadlines to allow for production and analysis of plaintiff’s expert consultant

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report on the site inspection, an Order that the Court signed on August 8, 2014, granting

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an extension of time to file a Notice of Need for Mediation until November 6, 2014;

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7.

On October 16, 2014 the parties jointly requested the Court extend the

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deadline for filing a Notice of Need for Mediation for an additional six weeks, until

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December 18, 2014, an Order that the Court signed on October 16, 2014, granting an

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extension of time to file a Notice of Need for Mediation until December 18, 2014;

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8.

On December 3, 2014 Plaintiffs filed their Notice of Need for Mediation;

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On December 31, 2014 Defendants served an Offer of Judgment Pursuant

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to Federal Rule of Civil Procedure 68;
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On January 14, 2015 the parties participated in a conference call supervised

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________________________________________________________________
- 2 STIPULATION TO EXTEND TIME FOR MEDIATION HEARING AND ORDER THEREON

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by the Court appointed mediator, Daniel Bowling, and agreed that: (a) beginning on or

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about February 13, 2015 the parties and their respective experts would engage in

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substantive discussions to attempt to refine and limit disputes regarding the alleged

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barriers at issue in advance of a mediation hearing; and (b) given this agreement and the

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professional schedules of the parties, their counsel, the respective experts and the

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mediator, that that most practical date that the parties should attend a mediation hearing

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was April 10, 2015;

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10.

Subsequent to the January 14, 2015 Mr. Bowling reported the scheduling of

the April 10, 2015 mediation to the Court which was entered into the Court’s records on

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1500 PARK AVE., SUITE 300
EMERYVILLE, CA 94608
[phone]

KATZOFF & RIGGS LLP

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January 29, 2015; and

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11.

After consulting with the mediator, good cause exists for the Court to

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extend time for the mediation hearing beyond the 90 days from the filing of the Notice of

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Need for Mediation required by General Order 56, to allow the parties to continue to

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informally negotiate and resolve issues and define disputed issues in advance of the

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mediation hearing.

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WHEREFORE THE PARTIES STIPULATE AND REQUEST AS FOLLOWS:
That the Court set a deadline under General Order 56 that the parties participate in
the mediation hearing with Mr. Bowling on or before April 10, 2015.

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CONCURRENCE

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In accordance with N.D. Cal. General Order No. 45, the filer of this document hereby

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attests that the concurrence to the filing of this document has been obtained from the other

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signatory hereto.

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________________________________________________________________
- 3 STIPULATION TO EXTEND TIME FOR MEDIATION HEARING AND ORDER THEREON

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Dated: February 10, 2015

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KATZOFF & RIGGS LLP

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/s/ Stephen Preonas
KENNETH S. KATZOFF
STEPHEN G. PREONAS
Attorneys for Defendants
HARBIN HOT SPRINGS; et al.

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Dated: February 10, 2015

LAW OFFICES OF PAUL L. REIN

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/s/ Celia McGuinness

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1500 PARK AVE., SUITE 300
EMERYVILLE, CA 94608
[phone]

KATZOFF & RIGGS LLP

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CELIA MCGUINNESS
Attorneys for Plaintiffs WALTER

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DELSON, NICOLE BROWN-BOOKER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Date: 2/12/2015

____________________________________
HON. RICHARD SEEBORG

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- 4 STIPULATION TO EXTEND TIME FOR MEDIATION HEARING AND ORDER THEREON