Sven Hemmert, et al v. David Finn, et al
Filing
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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)
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
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Attorney for Federal Defendant
8 United States of America
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SVEN HEMMERT et al.,
Plaintiffs,
v.
DAVID FINN et al.,
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Defendants.
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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
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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;
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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;
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STIPULATION AND ORDER CONTINUING CASE MANAGEMENT DEADLINES
Hemmert et. al. v. Finn, et al., 15-4904 WHO 1
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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;
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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
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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,
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In full consideration and exchange, the parties agree and stipulate as follows:
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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.
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IT IS SO STIPULATED,
18 Dated: January 7, 2016
WEISBERG & MILLER
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/s/ William S. Weisberg
By: ________________________________________
Craig S. Miller
William S. Weisberg
Attorneys for Plaintiffs,
SVEN HEMMERT and SUE-ELLEN SPEIGHT
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STIPULATION AND ORDER CONTINUING CASE MANAGEMENT DEADLINES
Hemmert et. al. v. Finn, et al., 15-4904 WHO 2
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Dated: January 7, 2016
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By: /s/ Michael T. Pyle***
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MICHAEL T. PYLE
Assistant United States Attorney
Attorneys for Defendant United States of America
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*** I have been authorized to place electronic
signatures on this document for other counsel and to
file this document.
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Dated: January 7, 2016
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LAW OFFICES OF JOHN A. BIARD
/s/ David J. DeMordaunt
By: ________________________________________
David J. DeMordaunt
Attorneys for Defendants,
DAVID FINN and AMY FINN
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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.
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22 DATED: January 11, 2016
___________________________
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Hon. William H. Orrick
United States District Judge
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STIPULATION AND ORDER CONTINUING CASE MANAGEMENT DEADLINES
Hemmert et. al. v. Finn, et al., 15-4904 WHO 3
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