Brendan Huerta v. United States Department of Agriculture et al

Filing 30

STIPULATION AND ORDER re 29 STIPULATION WITH PROPOSED ORDER vacating mediation deadline and continuing case management conference filed by Agriculture Research Service, Brendan Huerta, United States Department of Agriculture Case Management Statement due by 1/10/2017. Further Case Management Conference set for 1/17/2017 01:30 PM in Courtroom 4, 3rd Floor, Oakland.. Signed by Magistrate Judge Kandis A. Westmore on 8/2/16. (sisS, COURT STAFF) (Filed on 8/2/2016)

1 BRIAN J. STRETCH (CABN 163973)
United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 CLAIRE T. CORMIER (CABN 154364)
Assistant United States Attorney
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150 Almaden Boulevard, Suite 900
San Jose, California 95113
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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Attorneys for Federal Defendants
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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BRENDAN HUERTA,
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Plaintiff,
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v.
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UNITED STATES DEPARTMENT OF
AGRICULTURE, AGRICULTURE
RESEARCH SERVICE, DOES 1-20,

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CASE NO. CV 16-00434 KAW
STIPULATION AND [PROPOSED] ORDER
VACATING MEDIATION DEADLINE AND
CONTINUING CASE MANAGEMENT
CONFERENCE

Defendants.
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This case was referred to the Court’s mediation program on March 14, 2016. The mediation was

20 initially scheduled for June 29, 2016, and the mediation deadline was modified accordingly. Later, due
21 to plaintiff’s counsel’s trial schedule, as well as issues that arose relating to discovery and potentially
22 liable third parties, the parties requested a continuance of the mediation deadline, which was extended to
23 August 9.
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More recently, after further investigation seemed to confirm that the person involved in the

25 incident at issue in this case was an employee of a federal contractor, not a federal employee, the Court
26 granted the parties’ stipulated request to withdraw the federal defendants’ pending motion to dismiss and
27 allow plaintiff time to file an amended complaint naming additional parties. Plaintiff now has until
28 August 12 to file his amended complaint. Given the likely addition of one or more new parties to this
STIPULATION VACATING MEDIATION REFERENCE AND CONTINUING CMC, AND [PROPOSED] ORDER
CASE NO. CV 16-00434 KAW

1 action, the existing parties believe that alternative dispute resolution should be delayed until all parties
2 have appeared.1
Accordingly, the parties HEREBY STIPULATE AND REQUEST that the order referring this

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4 case to the court’s mediation program be vacated and that the existing mediation deadline be vacated.
5 For the same reasons, the parties STIPULATE AND REQUEST that the initial case management
6 conference, currently scheduled for September 20, 2016, be continued to Tuesday, January 17, 2017, at
7 which time the issue of ADR selection can be re-visited.
IT IS SO STIPULATED.

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Respectfully submitted,

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10 Dated: July 29, 2016

BRADY LAW GROUP
/s/

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By:

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STEVEN J. BRADY
Attorney for Plaintiff

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Dated: July 29, 2016

BRIAN J. STRETCH
UNITED STATES ATTORNEY

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/s/

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By:
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CLAIRE T. CORMIER2
Assistant U.S. Attorney

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[PROPOSED] ORDER

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IT IS SO ORDERED.

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Dated:
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8/2

, 2016
KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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The current court-appointed mediator, Stephen Schrey, has advised that he is willing to act as
27 mediator for this case after the new parties are added, should all parties agree at that time.
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I, Claire T. Cormier, hereby attest that I have been authorized to submit the electronic
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signatures indicated by a “conformed” signature (/s/) within this e-filed document.

STIPULATION VACATING MEDIATION REFERENCE AND CONTINUING CMC, AND [PROPOSED] ORDER
CASE NO. CV 16-00434 KAW