US Equal Employment Oppurtunity Commission v. Children's Hospital & Research Center

Filing 22

Order by Hon. Edward M. Chen granting 21 Stipulation selecting Private ADR.(knm, COURT STAFF) (Filed on 8/18/2014)

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SARAH E. ROBERTSON #142439
MARK A. DELGADO #215618
DONAHUE FITZGERALD LLP
1999 Harrison Street, 25th Floor
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant
CHILDREN’S HOSPITAL & RESEARCH
CENTER OAKLAND
WILLIAM R. TAMAYO, SBN 084965 (CA)
MARCIA L. MITCHELL, SBN 18122 (WA)
DEBRA A. SMITH, SBN 147863 (CA)
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Phillip Burton Federal Building
450 Golden Gate Ave., 5th Floor West
P.O. Box 36025
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO

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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

Case No.: CV 13-05715 EMC

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STIPULATION AND [PROPOSED]
ORDER FOR REFERRAL OF CASE TO
PRIVATE MEDIATION UNDER ADR
LOCAL RULE 3 AND FOR EXTENSION
OF MEDIATION DEADLINE

Plaintiff,
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vs.
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CHILDREN’S HOSPITAL AND
RESEARCH CENTER,
Defendant.

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Donahue Fitzgerald
LLP
Attorneys At Law
Oakland

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STIPULATION FOR PRIVATE ADR AND FOR EXTENSION OF MEDIATION
DEADLINE AND [PROPOSED] ORDER /CASE NO.: CV 13-05715 EMC
8/12/2014(29417)#574267.1

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Whereas the Court previously ordered the parties to participate in Court-sponsored
mediation to be completed by August 21, 2014; and
Whereas the parties have agreed to participate in mediation and have reviewed the
Court's approved list of mediators (the "Mediators List"); and
Whereas, notwithstanding their mutual review of the Mediators List, the parties were
able to only agree upon using one mediator, i.e. Michael Loeb of JAMS; and
Whereas, instead of using the Court-sponsored mediation program, the parties have

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agreed pursuant to ADR L.R. 3-2 to participate in private mediation using Mr. Loeb as their

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mediator; and

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Whereas the respective schedules of Mr. Loeb, the parties' representatives who are

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expected to attend the mediation, and the parties' attorneys cannot accommodate a private

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mediation except on either September 17, 2014 or September 29, 2014.

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Based on the foregoing, and subject to the Court's approval and entry of the proposed
Order associated with this Stipulation, the parties hereby stipulate as follows:
1. Pursuant to ADR L.R. 3-2, the parties may participate in private mediation in lieu of
Court-sponsored mediation;

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2. Michael Loeb of JAMS shall be the parties' mediator;

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3. The parties shall complete private mediation by September 30, 2014; and

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4. In order to effectuate the parties' stipulation to use Mr. Loeb as the mediator, the

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parties respectfully request that the Court-imposed deadline by which the mediation must be

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completed be extended through and including September 30, 2014.

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IT IS SO STIPULATED

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Dated: August 14, 2014

DONAHUE FITZGERALD LLP

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By ___/s/ Sarah E. Robertson_____________
Sarah E. Robertson
Attorneys for Defendant
CHILDREN’S HOSPITAL & RESEARCH
CENTER OAKLAND

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Donahue Fitzgerald
LLP
Attorneys At Law
Oakland

2.

STIPULATION FOR PRIVATE ADR AND FOR EXTENSION OF MEDIATION
DEADLINE AND [PROPOSED] ORDER /CASE NO.: CV 13-05715 EMC
8/12/2014(29417)#574267.1

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Dated: August 14, 2014

U.S. EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION

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By ___/s/ Debra A. Smith_____________
Debra A. Smith
Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION

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ORDER
The above STIPULATION AND PROPOSED ORDER FOR REFERRAL OF CASE
TO PRIVATE MEDIATION UNDER ADR LOCAL RULE 3 AND FOR EXTENSION OF

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MEDIATION DEADLINE is approved for this case. The parties are to complete Private

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Mediation by end of September 30, 2014.

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IT IS SO ORDERED.

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Dated: August ____, 2014

Judge Edward M. Chen
U.S. District Court for the Northern District of California

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Donahue Fitzgerald
LLP
Attorneys At Law
Oakland

3.

STIPULATION FOR PRIVATE ADR AND FOR EXTENSION OF MEDIATION
DEADLINE AND [PROPOSED] ORDER /CASE NO.: CV 13-05715 EMC
8/12/2014(29417)#574267.1

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CERTIFICATE OF SERVICE - F.R.C.P. §5

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I, the undersigned, declare: I am employed in the County of Alameda, State of

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California. I am over the age of 18 and not a party to the within action. I am employed by

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Donahue Fitzgerald, located at 1999 Harrison Street, 25th Floor, Oakland, CA 94612. I am

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readily familiar with this firm’s business practice of processing of documents for service.

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On August 14, 2014, I served a true and correct copy of the following document(s):

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STIPULATION AND [PROPOSED] ORDER FOR REFERRAL OF CASE TO
PRIVATE MEDIATION UNDER ADR LOCAL RULE 3 AND FOR
EXTENSION OF MEDIATION DEADLINE

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on all the following interested parties, by causing service by the method indicated below:
WILLIAM R. TAMAYO, SBN 084965 (CA)
MARCIA L. MITCHELL, SBN 18122 (WA)
DEBRA A. SMITH, SBN 147863 (CA)
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
Phillip Burton Federal Building
450 Golden Gate Ave., 5th Floor West
P.O. Box 36025
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff EEOC
U.S. Mail - By placing a copy of said document(s) in a sealed envelope with postage
thereon fully prepaid, and depositing said envelope with the U.S. Postal Service,
following this firm's business practices.

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Overnight Delivery - By placing a copy of said document(s) in a sealed pre-paid
overnight envelope or package and depositing said envelope or package today in a box
or other facility regularly maintained by the express service carrier, following this
firm’s business practices.

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Personal Service - By personally delivering said documents(s) in an envelope or
package clearly labeled to identify the attorney/party located at the office(s) of the
addressee(s) stated above.

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X

Electronic Service - By electronically sending a copy of said document(s) to the
attorney or party as stated above and as agreed upon, in writing, by the parties.

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Donahue Fitzgerald
LLP
Attorneys At Law
Oakland

4.

STIPULATION FOR PRIVATE ADR AND FOR EXTENSION OF MEDIATION
DEADLINE AND [PROPOSED] ORDER /CASE NO.: CV 13-05715 EMC
8/12/2014(29417)#574267.1

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I declare under the penalty of perjury under laws of the State of California that the
foregoing is true and correct. Executed on August 14, 2014, at Oakland, California.

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/s/ Katia Tsvetkova __
Katia Tsvetkova

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Donahue Fitzgerald
LLP
Attorneys At Law
Oakland

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STIPULATION FOR PRIVATE ADR AND FOR EXTENSION OF MEDIATION
DEADLINE AND [PROPOSED] ORDER /CASE NO.: CV 13-05715 EMC
8/12/2014(29417)#574267.1