Richard Flemming v. County of Alameda, et al.

Filing 47

STIPULATION AND ORDER to Continue Mediation Deadline and Case Management Conference. Case Management Statement due by 11/2/2015. Further Case Management Conference set for 11/9/2015 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 08/03/2015. (tmiS, COURT STAFF) (Filed on 8/4/2015)

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Autumn R. Paine, State Bar No. 251038
LAW OFFICE OF AUTUMN R. PAINE
385 Grand Avenue, Suite 200
Oakland, California 94610
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorney for Plaintiff
RICHARD FLEMMING
Thomas F. Bertrand, State Bar No. 056560
Michael C. Wenzel, State Bar No. 215388
Amy Leifur Halby, State Bar No. 287216
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
COUNTY OF ALAMEDA and GREGORY AHERN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHARD FLEMMING

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Plaintiff,

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v.

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Case No. 3:14-cv-05542-TEH

STIPULATION TO CONTINUE MEDIATION
COMPLIANCE DEADLINE; [PROPOSED]
ORDER

COUNTY OF ALAMEDA, et al.
Defendants.
Hon. Thelton E. Henderson
STIPULATION
Defendants COUNTY OF ALAMEDA and GREGORY AHERN and plaintiff RICHARD
FLEMMING by and through their respective attorneys of record, hereby stipulate as follows:

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STIPULATION TO CONTINUE MEDIATION COMPLIANCE DEADLINE; [PROPOSED] ORDER
Flemming v. County of Alameda, et al.; USDC Northern District of CA Case No. 3:14-cv-05542-TEH

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1.

By order dated March 10, 2015 the parties’ stipulation to participate in mediation was

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adopted and ordered. Pursuant to the Court’s order, the parties’ deadline to complete mediation is

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September 6, 2015. No trial date has been set.

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2.

By order filed May 6, 2015, the parties were assigned to mediator Mr. William M.

Goodman.
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On May 19, 2015, the parties participated in a pre-mediation phone conference with Mr.

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Goodman and scheduled mediation to take place on August 11, 2015. August 11, 2015 was the latest date

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before the mediation compliance deadline that Mr. Goodman and the parties were available for

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mediation.

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4.

Following the scheduling of mediation, the parties determined that they will be unable to

meaningfully participate in mediation by August 11, 2015 because of scheduling difficulties.
5.

The parties have diligently pursued discovery in this matter. However, the essential

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deposition of Plaintiff has been delayed due the parties’ unavailability. Moreover, Defendant’s responses

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to Plaintiff’s written discovery requests remain outstanding given the number of requests and the

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unavailability of County personnel. Plaintiff's deposition has now been scheduled for August 27, 2015,

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the first date available for all parties.

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6.

Additionally, Plaintiff’s counsel will be involved in a no time waiver multi-defendant

preliminary hearing in mid-August.
7.

The parties have made good-faith efforts to prepare to meaningfully participate in

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mediation. However, due to the unanticipated difficulty in scheduling the essential deposition of Plaintiff,

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the ongoing exchange of written discovery, unforeseen scheduling conflicts, and the limited availability

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of the mediator, the parties will be unable to complete necessary discovery and adequately prepare for

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mediation in compliance with this Court's September 6, 2015 deadline.

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8.

In a good-faith effort to comply with this Court’s order referring the parties to mediation,

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the parties have rescheduled mediation with Mr. Goodman for October 27, 2015, subject to this Court's

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approval of the stipulated request herein to continue the mediation compliance deadline in this matter

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through such date. An earlier mediation date could not be selected because Mr. Goodman advised the

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parties that he is unavailable for mediation all of September and the majority of October.
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STIPULATION TO CONTINUE MEDIATION COMPLIANCE DEADLINE; [PROPOSED] ORDER
Flemming v. County of Alameda, et al.; USDC Northern District of CA Case No. 3:14-cv-05542-TEH

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9.

For the good cause reasons stated above, the parties respectfully request this Court extend

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the deadline to complete mediation to October 27, 2015, to provide the parties additional time to

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complete necessary pre-mediation discovery. The parties further respectfully request this Court continue

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the presently scheduled August 31, 2015 case management conference to a date after October 27, 2015 as

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convenient to the Court.

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10.

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terms in an Order.

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

IT IS SO STIPULATED.

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Dated: July 30, 2015

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LAW OFFICE OF AUTUMN R. PAINE
By:

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/s/Autumn Paine
Autumn Paine
Attorney for Plaintiff
RICHARD FLEMMING

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Dated: July 30, 2015

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BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
By:

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/s/Michael C. Wenzel
Michael C. Wenzel
Attorneys for Defendants
COUNTY OF ALAMEDA
and GREGORY AHERN

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ORDER

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GOOD CAUSE APPEARING THEREFORE, and the parties’ having stipulated to the same, the

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parties’ stipulation is hereby APPROVED.

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September 6, 2015 is continued to October 27, 2015. The Case Management Conference scheduled for

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November 9
1:30 PM
August 31, 2015 at 1:30 p.m. is continued to ________________, 2015 at ___________.

08/03/2015

THELTON E. HENDERSON
United States District. Henderson
Court Judge
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Dated:

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UNIT
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ISTRIC
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IT IS SO ORDERED.

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The mediation compliance deadline currently set for

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F
D IS T IC T O
STIPULATION TO CONTINUE MEDIATION COMPLIANCE DEADLINE;R
[PROPOSED] ORDER

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Flemming v. County of Alameda, et al.; USDC Northern District of CA Case No. 3:14-cv-05542-TEH