Moss v. SAN FRANCISCO GENERAL HOSPITAL AND TRAUMA CENTER et al

Filing 38

STIPULATION AND ORDER re 37 STIPULATION WITH PROPOSED ORDER to Extend Deadline to Mediate Under General Order 56 filed by Nicole Moss, City and County of San Francisco. Signed by Magistrate Judge Kandis A. Westmore on 3/10/17. (sisS, COURT STAFF) (Filed on 3/10/2017)

1
2
3
4
5
6
7
8
9
10
11
12
13

CELIA McGUINNESS, ESQ. (SBN 159420)
THE DERBY LAW FIRM P.C.
1255 Treat Blvd. Suite 300
Walnut Creek, CA 94597
Telephone: [phone]
Facsimile: [phone]
[e-mail]
PAUL L. REIN, Esq. (SBN 43053)
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile:
510/832-4787
[e-mail]
MICHAEL E. GATTO, Esq. (SBN 196474)
VAN BLOIS & ASSOCIATES
7677 Oakport Street, Suite 565
Oakland, CA 94621
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff
NICOLE MOSS

14
* Defendants and their counsel listed after the caption.
15
16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA

18

NICOLE MOSS,

19

Plaintiff,

20

v.

21
22
23
24

SAN FRANCISCO GENERAL
HOSPITAL AND TRAUMA CENTER;
CITY AND COUNTY OF SAN
FRANCISCO DEPARTMENT OF
PUBLIC HEALTH; CITY AND COUNTY
OF SAN FRANCISCO; and DOES 1-20,
INCLUSIVE,

25

CASE NO. 3:16-cv-00072 KAW
Civil Rights
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINE TO
MEDIATE UNDER GENERAL ORDER 56

Defendants.

26
27
28

//
1
STIP TO EXTEND GO 56 DEADLINES
CASE NO. 3:16-cv-00072 KAW

C:\Users\IMBRIA~1\AppData\Local\Temp\notesF8C1A4\2017 02 23 stip to continue deadline to mediate.docx

1
2
3
4
5
6
7
8

DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
THOMAS S. LAKRITZ, State Bar #161234
Deputy City Attorney
Fox Plaza
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

9
10

STIPULATION

11

Plaintiff NICOLE MOSS (“Plaintiff”) and Defendant CITY AND COUNTY OF SAN

12

FRANCISCO hereby jointly stipulate and request through their attorneys of record that the deadline

13

to Mediation under General Order 56 be continued from March 7, 2017, until May 31, 2017. The

14

relevant history of the case is as follows:

15
16
17

1. The original date for filing a Notice of Need for Mediation was June 1, 2016, Docket
No. 4.
2. Because the scope of the facilities at San Francisco General Hospital required more time

18

than usual for access experts to prepare a report, the parties stipulated to extend the

19

deadline for Plaintiff to file the Notice of Need for Mediation to December 15, 2016.

20

Docket No. 32.

21

3. Plaintiff filed the Notice of Need for Mediation on December 7, 2016. Docket No. 34.

22

4. The case was assigned a mediator on January 17, 2017. Docket No. 35.

23

5. Pursuant to General Order 56, the parties have 90 days from filing the Notice of Need

24

for Mediation to complete the mediation. Thus, the deadline to complete mediation is

25

March 7, 2017.

26
27
28

This request for an extension of time is based on the following good cause:
1. The parties have worked cooperatively to move through General Order 56.
2
STIP TO EXTEND GO 56 DEADLINES
CASE NO. 3:16-cv-00072 KAW

C:\Users\IMBRIA~1\AppData\Local\Temp\notesF8C1A4\2017 02 23 stip to continue deadline to mediate.docx

1
2

2. The parties have engaged in significant pre-mediation discussion via telephone
conference and email, facilitated by ADR Director Howard Herman.

3

3. The Parties agreed to join into this mediation another case, Moss v. Kindred Healthcare

4

Operating, Inc. et al., 4:16-cv-00657 YGR. The City of San Francisco is a defendant in

5

that matter as well. The Parties believe that mediating the cases together will facilitate a

6

more efficient resolution of all issues.

7

4. Due to the number of party representatives and attorneys involved in the two matters, the

8

Parties were unable to find a mutually agreeable date for mediation within the Court’s

9

deadline.

10

5. All parties have agreed to participate in mediation on May 9, 2017.

11
12

Therefore, in an effort to keep costs down and to facilitate efficient resolution of the case

13

through mediation and the General Order 56 process, the Parties stipulate and request that the Court

14

order the deadline for mediation to take place under General Order 56 be extended to May 31, 2017.

15
16

Date: March 3, 2017

17

THE LAW OFFICE OF PAUL L. REIN
THE DERBY LAW FIRM, P.C.

18
By:
/s/ Celia McGuinness
CELIA McGUINNESS, ESQ.
Attorneys for Plaintiff
NICOLE MOSS

19
20
21
22

Date: March 3, 2017

23
24

DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
THOMAS S. LAKRITZ
Deputy City Attorney

25
26

By:
/s/ Thomas S. Lakritz
THOMAS S. LAKRITZ, ESQ.
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

27
28

3
STIP TO EXTEND GO 56 DEADLINES
CASE NO. 3:16-cv-00072 KAW

C:\Users\IMBRIA~1\AppData\Local\Temp\notesF8C1A4\2017 02 23 stip to continue deadline to mediate.docx

ORDER

1
2

Pursuant to the stipulation of the parties, and for good cause shown, IT IS SO ORDERED.

3

The deadline for the parties to mediate under General Order 56 is hereby continued to May 31,

4

2017.

5
6
7

3/10
Dated: _________, 2017

U.S. Magistrate Judge Kandis A. Westmore

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
STIP TO EXTEND GO 56 DEADLINES
CASE NO. 3:16-cv-00072 KAW

C:\Users\IMBRIA~1\AppData\Local\Temp\notesF8C1A4\2017 02 23 stip to continue deadline to mediate.docx

FILER’S ATTESTATION

1
2

Pursuant to Local Rule 5-1, I hereby attest that on March 3, 2017, I, Celia McGuinness,

3

attorney with The Law Office of Paul L. Rein., received the concurrence of Thomas S. Lakritz in

4

the filing of this document.

5
/s/ Celia McGuinness
Celia McGuinness

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
STIP TO EXTEND GO 56 DEADLINES
CASE NO. 3:16-cv-00072 KAW

C:\Users\IMBRIA~1\AppData\Local\Temp\notesF8C1A4\2017 02 23 stip to continue deadline to mediate.docx