Yen et al v. Vento Family trust et al

Filing 221

STIPULATION AND ORDER 217 Agreement Re: Selection of Mediator. Case Referred to Mediation. Signed by Judge Ronald M. Whyte on 10/2/12. (jg, COURT STAFF) (Filed on 10/2/2012)

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1 2 3 JEFFREY M. FORSTER (SBN 50519) 160 West Santa Clara Street, Suite 1100 San Jose, CA 95113 Telephone: (408) 977-3137 Facsimile: (408) 977-3141 Email: jforstr@pacbell.net 4 7 STEVEN R. LEVY (State Bar No. 103164) 17670 Woodland Avenue Morgan Hill, CA 95037 Telephone: (408) 274-7000 Facsimile: (408) 274-9000 Email: slevy@bigfoot.com 8 Attorneys for Plaintiffs 5 6 9 UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 CASE NUMBER: YU-SZE YEN, et. al, 14 C-08-03535 RMW STIPULATION/AGREEMENT AND [] ORDER RE SELECTION OF MEDIATOR Plaintiffs, 15 v. 16 RONALD BUCHHOLZ, et. al., Hon. Ronald M. Whyte 6 (4th Floor) Complaint Filed: July 23, 2008 Trial Date: 17 Judge: Courtroom: None Defendants. 18 19 20 21 The parties, by and through their respective counsel, have agreed to the selection of Thomas Denver as the mediator in this case and ask the Court to enter an order accordingly. 22 BACKGROUND TO THIS STIPULATION. 23 On July 20, 2012 and pursuant to Case Management Proceedings and in accord with 24 earlier proceedings, it was agreed this matter would proceed to mediation through the Court’s 25 ADR program. The parties were given three weeks to agree upon a mediator or, if no agreement 26 was made, to submit respective proposals with the Court to make a selection. 27 28 The parties have agreed to Thomas Denver serving as the mediator and counsel for the parties will undertake to coordinate further proceedings with Mr. Denver in accordance with the Case Number: C-08-03535 RM W Stipulation/Agreement and [] Order re Selection of M ediator Page 1 of 3 1 2 Court’s ADR program and related rules. Mr. Denver has confirmed willingness and ability to serve (confirmation via phone call 3 with Steven Levy on August 9, 2012; Steven Levy having advised all counsel by email; attested 4 to as inherently part of and via signature of Steven Levy below). 5 6 STIPULATION 7 8 9 The parties, by and through their respective counsel, agree and stipulate as follows and ask the Court to enter it’s Order accordingly; 10 1. Thomas H. R. Denver shall serve as the mediator in this matter; 11 2. Mediation shall proceed in accordance with the Court’s Alternative Dispute 12 Resolution (ADR) Multi-Option Program and the rules and guidelines attendant 13 thereto; and 14 15 3. That to further expedite proceedings, this Stipulation may be executed in multiple counterparts and by fax or digitally equivalent signatures. 16 17 Dated: August 10, 2012 18 19 /s/_______________________________ Steven R. Levy, Attorney for Plaintiffs Dated: August 10, 2012 /s/_______________________________ Law Offices of Steven M. Bangerter By: Daniel P. Wilde Attorneys for Defendants, PASTOR WILLIAM E. BUCHHOLZ, and FAMILY COMMUNITY CHURCH, a California corporate entity Dated: August 13, 2012 /s/_______________________ Pinnacle Law Group, LLP By: Andrew August Attorneys for Defendants, Ronald Buchholz, Charice Fischer, Solomon Capital, Inc., Equity Enterprises, Inc., et. al. 20 21 22 23 24 25 26 27 28 [] ORDER The parties having so stipulated and the stipulation in accordance with prior order of this Case Number: C-08-03535 RM W Stipulation/Agreement and [] Order re Selection of M ediator Page 2 of 3 1 Court and GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED THAT: 2 1. Thomas H. R. Denver is hereby appointed as the mediator in this case; 3 2. Mediation shall proceed in accordance with the Court’s Alternative Dispute 4 Resolution (ADR) Multi-Option Program and the rules and guidelines attendant 5 thereto; and 6 7 8 9 3. Absent further Order of this Court, mediation shall be completed . Dated: ______________________ ___________________________________ HON. RONALD M. WHYTE Senior District Judge of the U. S. District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case Number: C-08-03535 RM W Stipulation/Agreement and [] Order re Selection of M ediator Page 3 of 3

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