Clem v. Barneys New York, Inc.

Filing 31

ORDER CONCERNING PLAINTIFFS COUNSELS NOTICE OF SUBSTITUTION AND THE PARTIES OVERDUE MEDIATION. Signed by Judge Claudia Wilken on 6/20/2012. (ndr, COURT STAFF) (Filed on 6/20/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OKSANA CLEM,

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No. C 11-3952 CW

Plaintiff,

ORDER CONCERNING
PLAINTIFF’S
COUNSEL’S NOTICE
OF SUBSTITUTION
AND THE PARTIES’
OVERDUE MEDIATION

v.

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BARNEYS NEW YORK, INC.,

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Defendant.
________________________________/

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United States District Court
For the Northern District of California

On June 14, 2012, Plaintiff's counsel filed a notice of
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substitution, seeking to withdraw as counsel in this action and
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let Plaintiff represent herself, as well as a notice asserting a
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lien against any recovery obtained by Plaintiff for the value of
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his services.

In response, the Court issued an order stating that

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it would not allow the substitution of Plaintiff in pro per until
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after she and her counsel have attempted in good faith to mediate
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the case.

At that time, a mediation was scheduled for June 19,

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2012 at 10:00 am.
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On June 18, 2012, at about 2:41 pm, Plaintiff's counsel filed
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a document captioned, "Ex parte application re substitution of
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counsel & mediation attendance."

Plaintiff's counsel did not make

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a specific request or submit a proposed order, but informed the
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Court that Plaintiff would be unable to attend the June 19, 2012
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mediation session, and stated that he would attend unless the
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Court ordered otherwise.

At about 4:00 pm on the same day,

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counsel for Defendant submitted an ex parte application to
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postpone the mediation.
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Shortly thereafter the ADR Department

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issued notices canceling the mediation and scheduling an ADR

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telephone conference call with the parties on June 25, 2012 at

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2:30 pm.

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25, 2012 telephone conference.

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On June 19, 2012, the ADR Department cancelled the June

The Court’s case management order set a deadline for the

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parties to complete court-connected mediation by April 12, 2012.

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Docket No. 21.

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December 2011, but the parties delayed mediation until a date was

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set for April 16, 2012.

The mediator Jonathan Gross was assigned in

The mediation was then rescheduled on

United States District Court
For the Northern District of California

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April 3, 2012, May 18, 2012 and again on June 18, 2012.

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this time, the parties have never submitted a stipulated request

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to extend the Court's deadline, as required by this Court’s Local

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Rule 6-1(b).

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During

As the Court previously ordered, substitution of counsel will

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not be granted until the parties have participated in good faith

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in mediation.

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conference for June 25, 2012 at 2:30 pm or shortly thereafter.

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The parties, including Plaintiff’s counsel and Plaintiff herself,

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shall participate in the conference and shall promptly reschedule

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the mediation.

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the phone conference, this action will be dismissed for failure to

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prosecute.

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not appear, the case will be dismissed for failure to prosecute

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and Plaintiff will be ordered to pay Defendant’s attorney’s

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expenses.

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status report indicating the date and time of their mediation.

The ADR department shall reinstate the ADR phone

If Plaintiff does not participate personally in

If Plaintiff agrees to a mediation date and then does

On June 26, 2012, the parties shall submit a joint

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Plaintiff’s counsel shall serve a copy of this order on

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Plaintiff, as well as any instructions by ADR about participation
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in the telephone conference and copies of all future filings on

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the electronic docket, including text entries.

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serve a copy of this order on the ADR department and the mediator.

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The clerk shall

IT IS SO ORDERED.

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Dated:

6/20/2012

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CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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cc: ADR; Jonathan Gross

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