Titus et al v. Humboldt County Fair Association et al

Filing 61

ORDER as Modified re 60 Joint Stipulation Re: Mediation Process, Mediation Completion Date, and Next Case Management Conference. Case Management Statement due by 4/2/2015. Telephonic Case Management Conference set for 4/9/2015 03:00 PM. Signed by Judge Saundra Brown Armstrong on 2/25/2015. (mklS, COURT STAFF) (Filed on 2/25/2015)

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PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

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J. RANDALL ANDRADA (SBN 70000)
[e-mail]
TERRENCE J. BRASCH (SBN 262069)
[e-mail]
NICHOLAS SEYMOUR (SBN 286808)
[e-mail]
ANDRADA & ASSOCIATES
PROFESSIONAL CORPORATION
180 Grand Avenue, Suite 225
Oakland, California 94612
Tel.: [phone]
Fax: [phone]
Attorneys for Defendants
HUMBOLDT COUNTY FAIR ASSOCIATION,
JEFF FARLEY, CINDY OLSEN, AND JOHN BURGER
PETER E. MARTIN (SBN 121672)
[e-mail]
A Law Corporation
917 Third Street
Eureka, CA 95501
Tel: [phone]
Fax: [phone]
Attorney for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No.: 4:14-cv-01043-SBA

STUART P. TITUS, CAROLINE TITUS,
Plaintiffs,
v.
HUMBOLDT COUNTY FAIR ASSOCIATION,
JEFF FARLEY, CINDY OLSEN, JOHN
BURGER, Does 1 through 10,

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JOINT STIPULATION AND
[PROPOSED] ORDER RE MEDIATION
PROCESS, MEDIATION COMPLETION
DATE AND NEXT CASE
MANAGEMENT CONFERENCE

Defendants.

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1.

The parties hereto – plaintiffs Stuart and Caroline Titus and defendants Humboldt

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County Fair Association (HCFA), John Burger, Jeff Farley and Cindy Olsen – join in this Stipulation

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to request that the court allow them to move the date for completion of the mediation, and reschedule

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the Case Management Conference to accommodate the schedules of the mediator and the parties.

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2.

Plaintiffs filed this lawsuit on March 6, 2014. A First Amended Complaint was filed
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{00101457.DOC/}CFSA 1072

JOINT STIPULATION

Titus

v. Humboldt County Fair Association, et al.
4:14-cv-01043-SBA

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on April 24, 2014. The defendants answered on May 8, 2014.
3.

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The firm known as Foster Employment Law represented the defendants at that time.

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There was a Rule 26 Disclosure by both sides. There was also an additional disclosure of documents

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by both sides. Some interrogatories were also served by both sides.
4.

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The parties then agreed to mediate the case on or by December 19, 2014. Pursuant to

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a stipulation of the parties, the court entered an order on September 2, 2014 to set December 19 as

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the mediation completion date. The court also scheduled a Case Management Conference for

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January 8, 2015.

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5.

The firm known as Andrada & Associates substituted into the case for the defendants

PROFESSIONAL CORPORATION

on or about October 8, 2014. As a practical matter, the substitution meant that the mediation

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ANDRADA & ASSOCIATES

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deadline needed to be extended.

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6.

The court appointed Mr. Robert Edwards to serve as mediator on October 15, 2014.

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7.

On December 8, pursuant to the parties’ stipulation, the court entered an order to set

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March 13, 2015 as the mediation completion date. The court scheduled a Case Management

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Conference for March 26, 2015.
8.

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All concerned agreed to a mediation date of March 13, 2015. The mediation is

scheduled to proceed in Eureka.
9.

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The plaintiffs were deposed on January 29 and 30, 2015. The parties have engaged in

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further extensive written discovery. A deposition of a percipient witness is scheduled for March 6,

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2015.

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10.

Defendant HCFA is a member of a risk sharing pool managed by the California Fair

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Services Authority (CFSA). CFSA is located in Sacramento. CFSA has assigned a claims

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representative to the file. The claims representative is scheduled to undergo a significant out-patient

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surgery on or about March 10, 2015. It will be difficult and painful for the claims representative to

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make the five-six hour drive from Sacramento to Eureka on March 13. Medical complications could

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develop during the trip which, as a practical matter, could jeopardize the success of the surgery and

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the general health of the claims representative. There is no one available to substitute on behalf of

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the claims representative. All concerned believe that her actual presence is important if the case is to
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{00101457.DOC/}CFSA 1072

JOINT STIPULATION

Titus

v. Humboldt County Fair Association, et al.
4:14-cv-01043-SBA

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be resolved.
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March 13, 2015, to accommodate the attendance of the claims representative.
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Mr. Edwards has requested the parties reschedule the mediation date currently set for

The attorneys have met and conferred among themselves and with Mr. Edwards to

select a new mediation date in light of the circumstances. The agreed upon date is March 27, 2015.
13.

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Accordingly, the parties respectfully request that: 1) the court revise the mediation

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completion date to March 27, 2015; and 2) the court continue the Case Management Conference

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presently set for March 26, 2015 to a date after March 27.

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Dated:

February 20, 2015

ANDRADA & ASSOCIATES

PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

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By

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Dated:

/s/ J. Randall Andrada
J. RANDALL ANDRADA
Attorneys for Defendants
HUMBOLDT COUNTY FAIR
ASSOCIATION, JEFF FARLEY, CINDY
OLSEN, and JOHN BURGER

February 20, 2015
/s/ Peter E. Martin
PETER E. MARTIN
Attorneys for Plaintiffs
STUART TITUS and CAROLINE TITUS

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{00101457.DOC/}CFSA 1072

JOINT STIPULATION

Titus

v. Humboldt County Fair Association, et al.
4:14-cv-01043-SBA

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[PROPOSED] ORDER AS MODIFIED
Having considered the Stipulation of the parties, the Court orders that: (1) the mediation

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completion date is reset to March 27, 2015; and (2) the Case Management Conference scheduled for

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March 26, 2015 at 3:00 p.m. is CONTINUED to April 9, 2015 at 3:00 p.m. The parties shall meet

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and confer prior to the conference and shall prepare a joint Case Management Statement which

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shall be filed no later than seven (7) days prior to the Case Management Conference that complies

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with the Standing Order for All Judges of the Northern District of California and the Standing Order

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of this Court. Defendants shall be responsible for filing the statement as well as for arranging the

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conference call. All parties shall be on line and shall call [phone] at the above indicated date

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PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

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and time.
IT IS SO ORDERED.

February 25
DATED: _____________, 2015

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Judge Saundra Brown Armstrong
United States District Judge

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{00101457.DOC/}CFSA 1072

JOINT STIPULATION

Titus

v. Humboldt County Fair Association, et al.
4:14-cv-01043-SBA