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

Filing 35

ORDER granting 34 Stipulation. Case Management Statement due by 6/14/2016. Case Management Conference set for 6/21/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 04/25/2016. (jmdS, COURT STAFF) (Filed on 4/25/2016)

1 BRIAN J. STRETCH (CABN 163973)
United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 MICHAEL T. PYLE (CABN 172954)
Assistant United States Attorney
4 150 Almaden Boulevard, Suite 900
San Jose, California 95113
5 Telephone: [phone]
FAX: [phone]
6 E-mail: [e-mail]
7 Attorney for Federal Defendant
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.,

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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 UNITED STATES OF
AMERICA TO RESPOND TO FIRST
AMENDED COMPLAINT AND CASE
MANAGEMENT CONFERENCE DATE

Hon. William H. Orrick

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RECITAL
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Whereas Plaintiffs Sven Hemmert and Sue-Ellen Speight (collectively, “Plaintiffs”) filed their
First Amended Complaint on December 14, 2015 against the United States of America (“the United
States”) and the David and Amy Finn (collectively, “Finn Defendants”);
Whereas the Court previously approved the parties’ stipulation to Continue the Deadline for

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Responses to First Amended Complaint and Case Management Conference in Light of Agreement to
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Mediate Case in Docket No. 23 and approved another stipulation in Docket No.33;
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STIPULATION AND ORDER CONTINUING DATES
Hemmert et. al. v. Finn, et al., 15-4904 WHO 1

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Whereas Plaintiffs, the United States, and Finn Defendants mediated this case with Michael G.

2 Ornstil of JAMS on February 11, 2016, but did not resolve the case in that initial mediation session;
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Whereas the Finn Defendants filed an answer and third-party complaint on March 11, 2016

4 naming a new party, Terence Talen, who owns property uphill to the property of the United States, Finn
5 Defendants and Plaintiffs;
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Whereas Mr. Talen would have at least 21 days following service of a complaint and summons

7 to respond to the third-party complaint;
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Whereas the Finn Defendants have not yet served the third-party complaint because of the Finn

9 Defendants’ counsel’s desire to meet with Mr. Talen before serving the document;
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Whereas the parties do not think a Case Management Conference without the participation of

11 Mr. Talen or his counsel would be productive and believe the Conference should be continued so that all
12 parties can participate;
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Whereas the mediation with Mr. Ornstil is not concluded and the current parties to the suit will

14 seek to hold a further mediation session with Mr. Talen in the next 30 to 60 days;
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Whereas the mediator, Mr. Ornstil, has facilitated recent discussions with certain of the parties

16 and has expressed his view that further discussions among the parties would be productive and should be
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Whereas discussions about resolving this matter involves discussions of various plans that

19 require input from expert consultants and others that is time consuming;
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Whereas the United States is prepared to file a motion to dismiss the claims against it but

21 Plaintiffs and the United States desire to continue discussing the potential for the resolution of some or
22 all of the claims in this case rather than engaging in motion practice at this time;
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Whereas the United States and Plaintiffs want to continue these discussions over the next 60

24 days, including assistance from the mediator, and have agreed that the United States should have until
25 June 17, 2016 to answer, move or respond to Plaintiffs’ First Amended Complaint, and
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Whereas the parties agree that the Case Management Conference should be continued from May

27 3, 2016 to June 21, 2016; and,
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STIPULATION AND ORDER CONTINUING DATES
Hemmert et. al. v. Finn, et al., 15-4904 WHO 2

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Whereas the Finn Defendants agree to use their best efforts to serve their third-party complaint

2 on the newly named third-party defendant on or before May 6, 2016 so that that party can participate in
3 the continued CMC and in mediation efforts.
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In full consideration and exchange, the parties agree and stipulate as follows:
STIPULATION

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IT IS HEREBY STIPULATED by and between the parties hereto through their respective

7 attorneys of record that the United States shall have until June 17, 2016 to answer, move or respond to
8 Plaintiffs’ First Amended Complaint and the Case Management Conference shall be continued from
9 May 3, 2016 to June 21, 2016 so that the newly named third-party defendant can participate in the
10 Conference. The Finn Defendants shall serve the third-party complaint on the newly named third-party
11 defendant on or before May 6, 2016.
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IT IS SO STIPULATED,

13 Dated: April 21, 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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19 Dated: April 21, 2016

BRIAN J. STRETCH
United States Attorney

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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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STIPULATION AND ORDER CONTINUING DATES
Hemmert et. al. v. Finn, et al., 15-4904 WHO 3

1 Dated: April 21, 2016

LAW OFFICES OF JOHN A. BIARD

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/s/ David J. DeMordaunt
By: ________________________________________
David J. DeMordaunt
Attorneys for Defendants,
DAVID FINN and AMY FINN

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6 PURUSANT TO STIPULATION, IT IS SO ORDERED.
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The United States shall have until June 17, 2016 to answer, move or respond to Plaintiffs’ First

8 Amended Complaint. The Case Management Conference is continued from May 3, 2016 to June 21,
9 2016. The parties shall file a Joint Case Management Statement no less than 7 days prior to the
10 Conference. The Finn Defendants shall serve the third-party complaint on the newly named third-party
11 defendant on or before May 6, 2016.
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DATED: April 25, 2016

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STIPULATION AND ORDER CONTINUING DATES
Hemmert et. al. v. Finn, et al., 15-4904 WHO 4

___________________________
Hon. William H. Orrick
United States District Judge