OPHCA, LLC et al v. City of Berkeley

Filing 44

ORDER by Judge Charles R. Breyer granting 43 Stipulation Confirming Parties' Selection of Judge W. Scott Snowden of JAMS to Serve as Mediator. The previous Notice of Appointment of John F. Bard is vacated. The parties shall complete mediation by 12/31/2016.(beS, COURT STAFF) (Filed on 10/12/2016)

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DAVID W. TROTTER (# 97121)
LAW OFFICES OF DAVID W. TROTTER
119 Allen Court
Moraga, California 94556
Telephone: [phone]
Email: [e-mail]
MICHAEL P. CONNOLLY (# 238478)
LAW OFFICES OF MICHAEL P. CONNOLLY
1839 Ygnacio Valley Road, #180
Walnut Creek, California 94598
Telephone: [phone]
Email: [e-mail]
Attorney for Plaintiffs OPHCA, LLC,
Clifford Orloff and Olga Orloff
ZACH COWAN, City Attorney, SBN 96372
SAVITH IYENGAR, Deputy City Attorney, SBN 268342
[e-mail]
BERKELEY CITY ATTORNEY’S OFFICE
2180 Milvia Street, Fourth Floor
Berkeley, CA 94704
TEL.: [phone]
FAX.: [phone]
Attorneys for Defendant CITY OF BERKELEY

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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OPHCA, LLC, a California limited liability
company; CLIFFORD ORLOFF, an
individual; and OLGA ORLOFF, an
individual,
Plaintiffs,
vs.
THE CITY OF BERKELEY,
Defendant.

Case No. 16-cv-03046-CRB
STIPULATION AND ORDER
CONFIRMING PARTIES’ SELECTION OF
JUDGE W. SCOTT SNOWDEN (RET.) TO
SERVE AS MEDIATOR
Date: September 2, 2016
Time: 10:00 a.m.
Courtroom: 6, 17th Floor
Before the Honorable Charles R. Breyer

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STIPULATION AND [PROPOSED ORDER CONFIRMING PARTIES’ SELECTION OF JUDGE W, SCOTT
SNOWDEN (RET.) TO SERVE AS MEDIATOR – Case No. 16-cv-03046-CRB

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Plaintiffs OPHCA, LLC, Clifford Orloff and Olga Orloff (“Plaintiffs”) and Defendant City of

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Berkeley (“Defendant”), by and through their respective attorneys of record, hereby stipulate as

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follows:
1.

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On August 16, 2016, Plaintiffs and Defendant (collectively, “the parties”) filed a

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Stipulation and [Proposed] Order Selecting ADR Process (Dkt. 30), in which they selected mediation

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pursuant to ADR Local Rule 6. By Order dated August 19, 2016 and filed on August 23, 2016 (Dkt.

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38), the Court ordered the parties to complete mediation pursuant to ADR Local Rule 6 by December

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31, 2016.

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2.

Thereafter, counsel for the parties met and conferred concerning the selection of a

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mutually agreeable mediator, and expressed a desire to have a retired judge serve as the mediator in

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this case. On September 15, 2016, the parties agreed to engage the services of the Honorable W. Scott

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Snowden (Ret.) of JAMS to serve as mediator, and to participate in mediation before Judge Snowden

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on November 18, 2016. The parties thereafter each signed the standard JAMS Engagement Agreement

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formally retaining Judge Snowden to serve as mediator in this matter.
3.

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On September 29, 2016, the ADR Case Administrator of the Court notified counsel for

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the parties that attorney John F. Barg has been appointed and assigned to serve as the mediator in this

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case (Dkt. 42).
4.

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By this Stipulation, the parties wish to confirm their preference and selection of Judge

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Snowden serve as the mediator in this case, and jointly request that the Court enter the [Proposed]

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Order set forth below approving the selection of Judge Snowden as mediator.

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STIPULATION AND [PROPOSED ORDER CONFIRMING PARTIES’ SELECTION OF JUDGE W, SCOTT
SNOWDEN (RET.) TO SERVE AS MEDIATOR – Case No. 16-cv-03046-CRB

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IT IS SO STIPULATED.

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Dated: October 4, 2016

LAW OFFICES OF DAVID W. TROTTER

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_____/s/_David W. Trotter______________
DAVID W. TROTTER
Attorney for Plaintiffs

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Dated: October 4, 2016

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__** /s/ Savith Iyengar_________________
ZACH COWAN, City Attorney
SAVITH IYENGAR, Deputy City Attorney
Attorneys for Defendant
** Pursuant to Civ. L.R. 5-1(i)(3), the electronic
signatory has obtained this signatory’s approval.

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ORDER
The Court, having duly considered the foregoing Stipulation of the parties seeking to confirm

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their selection of the Hon. W. Scott Snowden (Ret.) of JAMS to serve as the mediator in this case, and

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good cause otherwise appearing therefor, hereby ORDERS as follows:

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Pursuant to ADR Local Rule 6, the Court hereby confirms the appointment of the Hon. W.

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Scott Snowden (Ret.) to serve as the mediator in this case. The previous Notice of Appointment of

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John F. Bard to serve as mediator (Dkt. 42) is VACATED. The parties shall complete mediation by

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December 31, 2016.

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IT IS SO ORDERED.
Dated: October 11, 2016

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____________________________________
CHARLES R. BREYER
United States District Judge

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STIPULATION AND [PROPOSED ORDER CONFIRMING PARTIES’ SELECTION OF JUDGE W, SCOTT
SNOWDEN (RET.) TO SERVE AS MEDIATOR – Case No. 16-cv-03046-CRB