Diaz et al v. City of San Jose

Filing 25

STIPULATION AND ORDER Granting Second Stipulation Extending The Early Neutral Evaluation Period re 24 Stipulation filed by City of San Jose. Deadline to complete mediation 10/31/2008. Signed by Judge James Ware on 9/24/2008. (ecg, COURT STAFF) (Filed on 9/24/2008)

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UNIT ED S S DISTRICT TE C TA RT U O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RICHARD DOYLE, City Attorney (#88625) GEORGE RIOS, Assistant City Attorney (#77908) ROBERT FABELA, Sr. Deputy City Attorney (#148098) Office of the City Attorney 200 East Santa Clara Street San Josť, California 95113-1905 Telephone Number: (408) 535-1900 Facsimile Number: (408) 998-3131 E-Mail Address: cao.main@sanjoseca.gov Attorneys for CITY OF SAN JOSE GRAN TED re ER N D IS T IC T R 9/24/2008 OF UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JUAN DIAZ, KEITH KEESLING, CHRISTOPHER MURPHY, GARY WEEKLEY, KAREN ALLEN and other employees similarly situated, Plaintiffs, v. CITY OF SAN JOSE, Defendant. Case Number: C07-06424 JW SECOND STIPULATION AND [PROPOSED] ORDER EXTENDING THE EARLY NEUTRAL EVALUATION PERIOD STIPULATION Pursuant to the stipulation of the parties, the Court, on April 23, 2008, ordered the matter to Early Neutral Evaluation ("ENE") and appointed Thomas Gosselin, Esq. as the evaluator. The parties engaged in an ENE session before Mr. Gosselin on July 21, 2008. At the end of session, it was determined that it would be most efficient for the parties and the court, and would more likely result in the informal resolution of this matter, were the parties to engage in another ENE session with Mr. Gosselin after having a reasonable opportunity to further study the scope of the claims and damages being asserted by Plaintiffs under the Fair Labor Standards Act. The parties also agreed to attempt to address the related case, Welch __________________________________1____________________________________ SECOND STIPULATION AND [PROPOSED] ORDER CONTINUING THE EARLY NEUTRAL EVALUATION PERIOD C07-06424 JW 505156 A C LI FO mes Wa Judge Ja R NIA NO RT H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. City of San Jose (Case No. C08-02132 JW) at the second ENE, as some of the legal issues overlap in the two cases. Combining the ENE of Diaz v. City of San Jose and Welch v. City of San Jose would further promote efficiency for the parties and the court. The parties subsequently scheduled another joint ENE session with Mr. Gosselin for September 18, 2008. The parties have met and conferred, have notified Mr. Gosselin, and have determined that extending the date of for the parties to engage in the second ENE session would foster more effective discussions in order to allow the City sufficient time to analyze these complex issues as it relates to its entire Fire Department staff dating back two or three years. As such, the parties, with Mr. Gosselin's support, stipulate through counsel that the ENE period will be extended up through and including October 31, 2008, by which time the parties will schedule another ENE session. WYLIE, MCBRIDE, PLATTEN & RENNER Dated: September 12, 2008 By: _____/s/ Christopher Platten________ CHRISTOPHER PLATTEN Attorney for Plaintiffs, JUAN DIAZ, KEITH KEESLING, CHRISTOPHER MURPHY, GARY WEEKLEY, and KAREN ALLEN RICHARD DOYLE, City Attorney Dated: September 12, 2008 By: _____/s/ Robert Fabela_________ ROBERT FABELA Sr. Deputy City Attorney Attorney for Defendant CITY OF SAN JOSE __________________________________2____________________________________ SECOND STIPULATION AND [PROPOSED] ORDER CONTINUING THE EARLY NEUTRAL EVALUATION PERIOD C07-06424 JW 505156 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTESTMENT OF CONCURRENCE PER GENERAL ORDER 45 FOR FILING: I attest that concurrence in the filing of this document by the signatories, Robert Fabela and Christopher Platten, has been obtained, and that a record of the concurrence shall be maintained at the Office of the City Attorney. Date: September 12, 2008 By:____/s/ Robert Fabela_____________________ ROBERT FABELA __________________________________3____________________________________ SECOND STIPULATION AND [PROPOSED] ORDER CONTINUING THE EARLY NEUTRAL EVALUATION PERIOD C07-06424 JW 505156 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September ____, 2008 [PROPOSED] ORDER IT IS HEREBY ORDERED that the ENE period shall be extended up through and including October 31, 2008, by which time the parties will schedule another ENE session with the Evaluator regarding both the present case as well as Welch v. City of San Jose (Case No. C08-02132 JW). ____________________________________ UNITED STATES DISTRICT JUDGE __________________________________4____________________________________ SECOND STIPULATION AND [PROPOSED] ORDER CONTINUING THE EARLY NEUTRAL EVALUATION PERIOD C07-06424 JW 505156

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