Sven Hemmert, et al v. David Finn, et al

Filing 23

STIPULATION AND ORDER TO CONTINUE DEADLINE FOR RESPONSE TO FIRST AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE IN LIGHT OF AGREEMENT TO MEDIATE CASE re 22 STIPULATION. Case Management Conference continued to 3/29/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 3/22/2016. Signed by Judge William H. Orrick on 01/11/2016. (jmdS, COURT STAFF) (Filed on 1/11/2016)

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1 BRIAN J. STRETCH (CABN 163973) Acting United States Attorney 2 ALEX G. TSE (CABN 152348) Assistant United States Attorney 3 Chief, Civil Division MICHAEL T. PYLE (CABN 172954) 4 Assistant United States Attorney 150 Almaden Boulevard, Suite 900 5 San Jose, California 95113 Telephone: (408) 535-5087 6 Facsimile: (408) 535-5081 Email: michael.t.pyle@usdoj.gov 7 Attorney for Federal Defendant 8 United States of America 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 SVEN HEMMERT et al., Plaintiffs, v. DAVID FINN et al., 16 Defendants. 17 18 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 15-4904 WHO STIPULATION AND ORDER TO CONTINUE DEADLINE FOR RESPONSE TO FIRST AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE IN LIGHT OF AGREEMENT TO MEDIATE CASE Hon. William H. Orrick 19 20 21 RECITAL Whereas Plaintiffs Sven Hemmert and Sue-Ellen Speight (collectively, “Plaintiffs”) filed their 22 First Amended Complaint on December 14, 2015 against the United States of America (“the United 23 States”) and the David and Amy Finn (collectively, “Finn Defendants”), and the current date for the 24 United States and Finn Defendants to answer, move or respond to the First Amended Complaint is 25 January 11, 2016; 26 Whereas the Court has set an initial Case Management Conference for January 26, 2016 with a 27 Joint Case Management Conference Statement due on or before January 19, 2016; 28 30 STIPULATION AND ORDER CONTINUING CASE MANAGEMENT DEADLINES Hemmert et. al. v. Finn, et al., 15-4904 WHO 1 1 Whereas Plaintiffs, the United States, and Finn Defendants have agreed to mediate this case with 2 Michael G. Ornstil of JAMS and are currently working to schedule the mediation for one of Mr. Ornsti’s 3 available dates in February; 4 Whereas Plaintiffs, the United States, and Finn Defendants desire to mediate this case in good 5 faith attempt resolve the entire case or part of the case if the entire case cannot be resolved; and 6 Whereas Plaintiffs, the United States, and Finn Defendants desire to conserve some resources 7 and focus their resources on resolving the case rather than litigation until the mediation can be 8 completed, 9 In full consideration and exchange, the parties agree and stipulate as follows: 10 11 STIPULATION IT IS HEREBY STIPULATED by and between the parties hereto through their respective 12 attorneys of record that the parties shall mediate the case with Michael Ornstil of JAMS on a mutually 13 convenient date in February 2016. The United States and Finn Defendants shall have until March 18, 14 2016 to answer, move or respond to Plaintiffs’ First Amended Complaint. The Case Management 15 Conference shall be continued to March 29, 2016, with a Joint Case Management Conference Statement 16 filed on or before March 22, 2016. 17 IT IS SO STIPULATED, 18 Dated: January 7, 2016 WEISBERG & MILLER 19 20 21 22 23 /s/ William S. Weisberg By: ________________________________________ Craig S. Miller William S. Weisberg Attorneys for Plaintiffs, SVEN HEMMERT and SUE-ELLEN SPEIGHT 24 25 26 27 28 30 STIPULATION AND ORDER CONTINUING CASE MANAGEMENT DEADLINES Hemmert et. al. v. Finn, et al., 15-4904 WHO 2 1 2 3 Dated: January 7, 2016 4 By: /s/ Michael T. Pyle*** 5 MICHAEL T. PYLE Assistant United States Attorney Attorneys for Defendant United States of America 6 7 *** I have been authorized to place electronic signatures on this document for other counsel and to file this document. 8 9 10 Dated: January 7, 2016 11 13 14 16 17 18 19 20 LAW OFFICES OF JOHN A. BIARD /s/ David J. DeMordaunt By: ________________________________________ David J. DeMordaunt Attorneys for Defendants, DAVID FINN and AMY FINN 12 15 BRIAN J. STRETCH Acting United States Attorney PURUSANT TO STIPULATION, IT IS SO ORDERED. The parties shall mediate the case on or before February 29, 2016 with their selected private mediator, Michael G. Ornstil of JAMS. The United States and Finn Defendants shall have until March 11, 2016 to answer, move or respond to Plaintiffs’ First Amended Complaint. The Case Management Conference Statement scheduled for January 26, 2016 shall be continued to March 29, 2016 at 2:00 p.m. The parties shall file a Joint Case Management Conference Statement on or before March 22, 2016. 21 22 DATED: January 11, 2016 ___________________________ 23 24 Hon. William H. Orrick United States District Judge 25 26 27 28 30 STIPULATION AND ORDER CONTINUING CASE MANAGEMENT DEADLINES Hemmert et. al. v. Finn, et al., 15-4904 WHO 3

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