Sumera v. Holder et al

Filing 56

STIPULATION AND ORDER re 55 STIPULATION WITH PROPOSED ORDER to Continue Deadline for Mediation filed by Eric H. Holder, Jr., Ruben Sumera. Signed by Magistrate Judge Kandis A. Westmore on 4/23/15. (sisS, COURT STAFF) (Filed on 4/23/2015)

1 MELINDA HAAG (CABN 132612)
United States Attorney
2 ALEX G. TSE (CABN 152348)
Chief, Civil Division
3 MICHELLE LO (NY Bar No. 4325163)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
4
San Francisco, California 94102
Telephone: [phone]
5
Facsimile: [phone]
Email: [e-mail]
6
7 Attorneys for Defendant
8 RUSSELL A. ROBINSON (CABN 163937)
Law Office of Russell A. Robinson
9 345 Grove Street, Level One
San Francisco CA 94102
10 Telephone: [phone]
Facsimile: [phone]
11 [e-mail]
12 Attorney for Plaintiff
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15

OAKLAND DIVISION

16
RUBEN SUMERA,

Case No. 4:13-CV-01950-KAW

17
Plaintiff,

18
19
20
21
22
23

STIPULATION AND [PROPOSED] ORDER TO
CONTINUE DEADLINE FOR MEDIATION

v.
ERIC H. HOLDER, JR., DEPARTMENT OF
JUSTICE, ATTORNEY GENERAL OF THE
UNITED STATES OF AMERICA, in his
official capacity,
Defendant.

24
25

Plaintiff, Ruben Sumera, and Defendant, Eric H. Holder, Jr., Attorney General, U.S. Department

26 of Justice, in his official capacity, hereby stipulate as follows, subject to the approval of the Court:
27
28
STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR MEDIATION
C 13-1950 KAW
1

1

1.

On February 4, 2015, the parties submitted a stipulation reflecting their agreement to

2 participate in mediation. ECF No. 49. On February 5, 2015, the Court adopted and so ordered the
3 parties’ stipulation to hold the mediation by 120 days from the date of the order, or by June 5, 2015.
4 ECF No. 50. On March 2, 2015, the Notice of Appointment of Mediator Richard Whitmore was filed.
5 ECF No. 52.
6

2.

The parties through their counsel participated in a teleconference with the mediator on

7 March 10, 2015, to discuss mediation procedures and scheduling matters. Immediately prior to this
8 teleconference, counsel conferred and agreed that it would be preferable to extend the current deadline
9 for completion of the mediation in order to permit the parties to resolve discovery issues and complete
10 certain depositions.
11

3.

Specifically, Defendant will be deposing Plaintiff on April 30, 2015. Plaintiff has also

12 requested to take the depositions of two of his former supervisors. The parties are working on
13 scheduling these two depositions, one of which will likely require travel to Washington, D.C. Due to
14 counsel’s scheduling commitments, including trial dates in another case, it is possible that these
15 depositions may not occur until late June.
16

4.

The parties discussed these discovery and scheduling issues with the mediator and agreed

17 that it would allow for a more meaningful mediation if the parties were to seek a 90-day extension of the
18 current mediation deadline. Mediator Whitmore has indicated that he does not have any objection to
19 this requested extension.
20

5.

The requested extension will not interfere with the rest of the case management schedule.

21 The fact discovery cut-off date is September 7, 2015, and the trial date is January 25, 2016.
22

6.

The parties respectfully request that the Court permit this requested extension and so

23 indicate by signing the proposed order below, thereby extending the current deadline for completion of
24 the mediation by 90 days to September 4, 2015.
25

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

26 Dated: April 21, 2015
27

/s/ Michelle Lo
Michelle Lo
Assistant United States Attorney
Counsel for Defendant

28
STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR MEDIATION
C 13-1950 KAW
2

1
Dated: April 21, 2015
2
3
4
5

/s/ Russell A. Robinson
Russell A. Robinson
Law Office of Russell A. Robinson
345 Grove Street, Level One
San Francisco, CA 94102
Tel: [phone]
Fax: [phone]
Counsel for Plaintiff

6
PURSUANT TO STIPULATION, IT IS SO ORDERED. The deadline for completing the mediation is
7
extended to September 4, 2015.
8
9
DATED: 4/23/15
10
11

Hon. Kandis A. Westmore
United States Magistrate Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR MEDIATION
C 13-1950 KAW
3