Stetson University, Inc.-v-Frederick Acker et al

Filing 41

STIPULATION AND ORDER RESCINDING MEDIATION REFERRAL TO MAGISTRATE JUDGE SALLIE KIM AND REFERRAL TO USDC ADR PROGRAM FOR MEDIATION by Hon. William Alsup granting 39 Stipulation selecting Mediation.(whalc1, COURT STAFF) (Filed on 9/19/2016)

1
2
3
4
5
6

Lynde Selden III (SBN 207513)
[e-mail]
Robert L. Harrison (SBN 76710)
[e-mail]
KEEGIN HARRISON LLP
1000 Fourth Street, Suite 600
San Rafael, California 94901
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Stetson University, Inc.

7
8
9
10
11
12
13
14
15
16
17

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STETSON UNIVERSITY, INC., a
Florida not for profit corporation,
Plaintiff,
v.
FREDERICK G. ACKER, as personal
representative of the Estate of C. Paul
Johnson a/k/a Chauncey Paul Johnson;
THE C. PAUL JOHNSON FAMILY
CHARITABLE FOUNDATION, an
entity of unknown form; and
FREDERICK G. ACKER, as Trustee of
the C. Paul Johnson 2003 Trust,

CASE NO. C 16-1905-WHA
STIPULATION AND [PROPOSED] ORDER
RESCINDING MEDIATION REFERRAL TO
MAGISTRATE JUDGE SALLIE KIM AND
REFERRAL TO USDC ADR PROGRAM FOR
MEDIATION
Judge:

Hon. William Alsup

18
19

Defendants,
__________________________________

20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER RESCINDING MEDIATION REFERRAL TO MAGISTRATE
JUDGE SALLIE KIM AND REFERRAL TO USDC ADR PROGRAM FOR MEDIATION
CASE NO. C 16-1905-WHA

1
2
3

WHEREAS the Complaint in the action captioned Stetson University, Inc. v.
Frederick G. Acker, et al., No. C 16-1905, was filed in this Court on April 11, 2016;
WHEREAS this Court issued a Minute Order on August 25, 2016 referring this

4

matter to Magistrate Judge Sallie Kim for mediation but further noted that the parties could file a

5

proposed order to rescind the referral to Judge Kim if they agreed to a mediator;

6

WHEREAS the parties met and conferred and have agreed to four potential

7

mediators participating in the Northern District ADR Program including: U.S. Magistrate Judge

8

Wayne Brazil (ret.); Hon. Rebecca Westerfield (ret.); Richard Collier, Esq; or Paul Renne, Esq.

9

WHEREAS the parties participated in a Telephonic Scheduling Conference with

10

Magistrate Kim on September 8, 2016 at 11 a.m. and indicated a desire to participate in

11

mediation as soon as September 26, 2016 or, more realistically, in early October 2016 before one

12

of the aforementioned agreed-upon mediators;

13

WHEREAS by the Court’s Minute Order of September 8, 2016, Judge Kim

14

agreed to allow the parties to proceed to mediation before one of the agreed-upon court-

15

sponsored ADR program mediators, pending approval of this Court, and ordered the parties to

16

complete mediation by October 23, 2016;

17

WHEREAS Judge Kim further ordered and scheduled a follow-up Telephonic

18

Conference to occur on October 24, 2016 at 9:00 a.m., in the event the parties fail to settle by the

19

October 23, 2016 deadline;

20

WHEREAS the parties contacted the Court’s ADR Program on September 9,

21

2016, indicating the desire to proceed to mediation with one of the four agreed-upon mediators

22

and the Court’s ADR Program staff have informed the parties that they will proceed to assist in

23

scheduling a mediation with one of the four mediators pending an order from this Court referring

24

the matter to the ADR Program.

25
26

THEREFORE, IT IS HEREBY STIPULATED THAT:

27
28
CASE NO. C 16-1905-WHA

1

1

1.

The parties agree to proceed to Mediation before U.S. Magistrate Judge

2

Wayne Brazil (ret.), Hon. Rebecca Westerfield (ret.), Richard Collier, Esq.; or Paul Renne, Esq.

3

no later than October 23, 2016, subject to the assigned mediator’s availability, and

4

2.

The parties will attend a Telephonic Conference with Magistrate Judge

5

Sallie Kim on October 24, 2016 at 9 a.m. should the parties fail to settle this matter by the

6

October 23, 2016 deadline.

7
8

Dated: September 13, 2016

Respectfully submitted,
KEEGIN HARRISON LLC

9
10

/s/
Lynde Selden III (SBN 207513)
[e-mail]
Robert L. Harrison (SBN 76710)
[e-mail]
1000 Fourth Street, Suite 600
San Rafael, California 94901
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Stetson University, Inc.

11
12
13
14
15
16

Dated: September 13, 2016

17

McDERMOTT WILL & EMERY LLP
/s/
A. Marisa Chun
275 Middlefield Road, Suite 100
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
[e-mail]

18
19
20
21

Attorneys for Defendants Frederick G. Acker,
as personal representative of the Estate of C.
Paul Johnson a/k/a Chauncey Paul Johnson
and Frederick G. Acker, as Trustee for The C.
Paul Johnson 2003 Trust

22
23
24
25

///

26

///

27
28
CASE NO. C 16-1905-WHA

2

1

[PROPOSED] ORDER
The above STIPULATION AND [PROPOSED] ORDER RESCINDING THE

2
3

REFERRAL FOR MEDIATION TO MAGISTRATE JUDGE SALLIE KIM AND ORDER

4

REFERRING THE MATTER TO THE U.S. DISTRICT COURT OF THE NORTHERN

5

DISTRICT OF CALIFORNIA ADR PROGRAM FOR MEDIATION is APPROVED.
1.

6
7

Magistrate Judge Sallie Kim for mediation;
2.

8
9

The court hereby rescinds the August 25, 2016 referral of this matter to

The case is referred to the U.S. District Court for the Northern District of

California ADR Program for mediation for assignment to one of the parties’ preferred mediators,

10

namely, U.S. Magistrate Judge Wayne Brazil (ret.), Hon. Rebecca Westerfield (ret.), Richard

11

Collier, Esq, or Paul Renne, Esq., with mediation to be held no later than October 23, 2016,

12

subject to the mediator’s availability; and
3.

13

The parties will appear for a Telephonic Conference with Magistrate

14

Judge Sallie Kim on October 24, 2016 at 9 a.m. should the parties fail to settle this matter by

15

October 23, 2016. If the matter settles, the Parties will immediately inform Judge Kim and this

16

Court.

17
18
19
20

IT IS SO ORDERED.
Dated: September 19, 2016.
HONORABLE WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28
CASE NO. C 16-1905-WHA

4