Skaff v. City of Corte Madera

Filing 35

STIPULATION AND ORDER: That the Mediation Deadline is CONTINUED to 01/31/10. Signed by Judge Saundra Brown Armstrong, on 12/28/09. (lrc, COURT STAFF) (Filed on 12/28/2009) Modified on 12/30/2009 (jlm, COURT STAFF).

1 JEFFREY A. WALTER, CBN 63626 JOHN A. ABACI, CBN 166493 2 WALTER & PISTOLE 670 West Napa Street, Suite "F" 3 Sonoma, CA 95476 Telephone: [phone] Fax: [phone] Attorneys for Defendant Town of Corte Madera 6 SIDNEY J. COHEN, State Bar No. 39023 7 SIDNEY J. COHEN PROFESSIONAL CORPORATION 427 Grand Avenue 8 Oakland, CA 94610 Telephone [phone] Attorneys for Plaintiff 10 Richard Skaff 11 12 13 14 RICHARD SKAFF, 15 16 vs. Plaintiff, Case No. C08-05407 SBA STIPULATED REQUEST FOR ENLARGEMENT OF TIME, DECLARATION IN SUPPORT THEREOF, AND ORDER ENLARGING TIME TO CONDUCT MEDIATION (Local Rule 6-2) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

17 CITY OF CORTE MADERA, and DOES 120, Inclusive, 18 Defendants. 19 ___________________________________/ 20 21 22

STIPULATED REQUEST Plaintiff, RICHARD SKAFF, by and through his attorneys, and Defendant, TOWN OF

23 CORTE MADERA, by and through its attorneys, request for the reasons stated by the declaration 24 of John A. Abaci set forth below that the Court extend the time to complete mediation until 25 / / / 26 / / / 27 / / / 28 / / / /// /// /// ///

STIPULATED REQUEST FOR ENLARGEMENT OF TIME, DECLARATION IN SUPPORT THEREOF, AND ORDER ENLARGING TIME TO CONDUCT MEDIATION

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1 January 31, 2010. 2 3 4 5 Dated: 6 7 8 9 Dated: 10 11 12 13 14 SIDNEY J. COHEN Attorneys for Plaintiff, Richard Skaff WALTER & PISTOLE SIDNEY J. COHEN PROFESSIONAL CORPORATION

JOHN A. ABACI Attorneys for Defendant, Town of Corte Madera DECLARATION OF JOHN A. ABACI I, JOHN A. ABACI, do declare as follows: 1. I am an attorney licensed to practice law in the State of California and am employed by

15 the law firm of Walter & Pistole, attorneys of record for the Defendant, Town of Corte Madera. 16 2. Following a Case Management Conference held on March 18, 2009, this Court

17 referred this Action to court mediation to be completed by June 2009. 18 3. Upon stipulation of the parties and by order of this Court, the time to conduct

19 mediation was extended from June 2009 to September 30, 2009. 20 4. The plaintiff became unable to conduct mediation during September because of a

21 sudden family emergency and by stipulation of the parties and order of this Court the time to 22 conduct mediation was further extended from September 30, 2009 to November 30, 2009. 23 5. On November 2, a full-day mediation session was conducted between the parties with

24 Court Mediator, Daniel Bowling. While no resolution was reached, the mediation did result in an 25 agreement that certain additional investigation and research would be conducted by the Town to 26 further respond to claims being made by the plaintiff at the mediation and the Town's attorney of 27 record would notify the mediator and Plaintiff's attorney of record of the date by which the 28 additional investigation and research could be completed.
STIPULATED REQUEST FOR ENLARGEMENT OF TIME, DECLARATION IN SUPPORT THEREOF, AND ORDER ENLARGING TIME TO CONDUCT MEDIATION

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6. On November 13, 2009, a telephone conference was conducted between the parties'

2 attorneys and Mr. Bowling to discuss whether or not the mediation process should continue in this 3 action. During that conversation it was agreed that with certain information being exchanged in 4 advance of a second mediation session another mediation session could be conducted between the 5 parties with the objective of achieving a resolution in this case. 6 7. Shortly after this telephone conference, the date of January 14 was agreed upon as the

7 first available date for a second mediation session between the parties. 8 8. On November 18, 2009, mediator Daniel Bowling reset the mediation to January 14,

9 2010 (see November 18, 2009 docket entry). 10 9. Therefore, at this time the parties, their attorneys and Mr. Bowling expect that they

11 will be able to complete the mediation process by January 31, 2010. 12 10. As set forth in paragraphs 3 and 4, supra and at Docket entries 30 and 31, two

13 modifications have previously been made to the deadlines imposed by statute, rule of court, or by 14 the Court in this Action. In addition, by stipulated agreement Defendant supplemented initial 15 disclosures within 2 weeks of receipt of Plaintiff's initial disclosures. 16 11. With the exception of the November 30, 2009 mediation deadline that is the subject

17 of this request for an extension, the extension of the November 30, 2009 deadline to January 31, 18 2010 to complete the mediation process will not have an effect on any time lines or deadlines 19 established by the Court in this Action. 20 12. For the reasons stated above, the parties are by this stipulation requesting that the

21 Court extend the mediation date deadline from November 30, 2009 to January 31, 2010. 22 I declare under penalty of perjury under the laws of the State of California that the

23 foregoing is true and correct. 24 25 26 27 28 / / / ________________________ JOHN A. ABACI /// 3 Executed on November ___, 2009 in the City of Sonoma, California.

STIPULATED REQUEST FOR ENLARGEMENT OF TIME, DECLARATION IN SUPPORT THEREOF, AND ORDER ENLARGING TIME TO CONDUCT MEDIATION

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ORDER ENLARGING TIME TO CONDUCT MEDIATION 1. Upon the stipulated request made by the parties in this Action, the Court finds good

3 cause to continue the mediation deadline previously established by this Court. 4 2. The Court orders that the date by which the parties shall conduct mediation with a

5 court-appointed mediator be extended from November 30, 2009 to January 31, 2010. 6 7 Dated: 12/28/09 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATED REQUEST FOR ENLARGEMENT OF TIME, DECLARATION IN SUPPORT THEREOF, AND ORDER ENLARGING TIME TO CONDUCT MEDIATION

SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE

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