Baca v. Jeffers, et al

Filing 93

ORDER DIRECTING PLAINTIFF TO SCHEDULE MEDIATION. By no later than April 30, 2015, Plaintiff shall file with the Court a notice indicating the date that has been scheduled for the Mediation. Signed by Judge Saundra Brown Armstrong on 4/27/2015. (mklS, COURT STAFF) (Filed on 4/27/2015)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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6 DAVID O. BACA,

Plaintiff,

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Case No: C 13-02968 SBA
ORDER DIRECTING PLAINTIFF
TO SCHEDULE MEDIATION

vs.

9 STATE OF CALIFORNIA, DEPARTMENT

OF CALIFORNIA HIGHWAY PATROL,
10 SERGEANT GRIMES, SERGEANT TRUE,

OFFICER B. RODGERS, OFFICER M.
11 WILSON, OFFICER C. RANDALL,

OFFICER B. JEFFERS, OFFICER B.
12 PHILLIPS, and DOES 1-10,
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Defendants.

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On March 31, 2015, the Court issued an Order to Show Cause Re Dismissal

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(“OSC”) directing Plaintiff to show cause why the action should not be dismissed. The

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OSC was based on Plaintiff’s second failure to comply with the Court’s Order requiring the

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parties to file a joint statement regarding settlement. Dkt. 89.

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On April 6, 2015, Plaintiff’s counsel timely filed a response to the OSC. Dkt. 91.

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On April 15, 2015, the Court vacated the OSC, and, pursuant to Plaintiff’s request, referred

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the matter to Louis Leone for an ENE/Mediation (“Mediation”) session. Dkt. 92. The

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Order stated, in pertinent part: “Within one week of the date this order is filed, the parties

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shall schedule an ENE/Mediation session with Mr. Leone. Upon scheduling the session

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with Mr. Leone, the parties shall forthwith jointly file a written notice indicating the

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agreed-upon date.” Id. at 2 (emphasis added).

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The Court did not receive any notice that the parties had scheduled the Mediation, as
specified in the Court’s April 15 Order. The Court has since been advised by the mediator

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that, in fact, no date has yet been scheduled for the Mediation. The mediator indicated that

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both he and defense counsel are available on May 21, May 26 or May 27, 2015, but that

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Plaintiff’s counsel has yet to respond to the Mediator’s inquiry as to his availability on

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those dates. Accordingly,

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IT IS HEREBY ORDERED THAT Plaintiff shall forthwith notify the Mediator and

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Defendants whether he is able to participate in a Mediation on May 21, May 26 or May 27,

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2015. In the event that Plaintiff is unavailable on those dates, he shall meet and confer with

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the Mediator and Defendants to schedule an alternate date. By no later than April 30, 2015,

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Plaintiff shall file with the Court a notice indicating the date that has been scheduled for the

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Mediation. THE FAILURE TO FULLY COMPLY WITH THIS ORDER WILL BE

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DEEMED SUFFICIENT GROUNDS TO DISMISS THE ACTION WITH PREJUDICE,

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WITHOUT FURTHER NOTICE.

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IT IS SO ORDERED.
Dated: April 27, 2015

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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