Pratt v. Archstone Willow Glen Apartments et al

Filing 40

ORDER APPROVING 38 STIPULATION TO EXTEND DEADLINE FOR MEDIATION; REQUEST TO BE REMOVED FROM THE COURT'S ADR PROGRAM; AND, REQUEST FOR CONTINUANCE OF 3/30/09 CASE MANAGEMENT CONFERENCE. The Case Management Conference set for 3/30/09 is CONTINUED TO 5/22/09 at 10:30 AM. Signed by Judge Jeremy Fogel on 2/23/09. (jflc2, COURT STAFF) (Filed on 2/24/2009)

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RIMAC MARTIN, PC ANNA M. MARTIN - State Bar No. 154279 W. STUART HOME, III - State Bar No. 155077 [e-mail] [e-mail] 1051 Divisadero Street San Francisco, California 94115 Telephone [phone] Facsimile [phone] Attorneys for Defendants ORKIN PEST CONTROL and ORKIN EXTERMINATING COMPANY, INC. Rufus L. Cole, Esq. (SB# 60843) COLE & FASANO 720 Market Street, 10th Floor San Francisco, CA 94102-2500 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiff DONNA PRATT Theresa L. Kitay, Esq. (SB# 237311) LAW OFFICE OF THERESA L. KITAY 578 Washington Blvd., Suite 836 Marina del Rey, CA 90292 Telephone: [phone] Facsimile: [phone] Attorney for Defendants ARCHSTONE WILLOW GLEN APARTMENTS ARCHSTONE-SMITH, CATHY BUTCHER

**E-Filed 2/24/09**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

E-FILING
DONNA PRATT, Plaintiff, vs. ACHSTONE WILLOW GLEN APARTMENTS, TISHMAN SPEYER ARCHSTONE-SMITH, CATHY BUTCHER, ORKIN PEST CONTROL, ORKIN EXTERMINATING COMPANY, INC. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV-08-3588 JF RS STIPULATION TO EXTEND DEADLINE FOR MEDIATION; REQUEST TO BE REMOVED FROM THE COURT'S ADR PROGRAM; AND, REQUEST FOR CONTINUANCE OF 3/30/09 CASE MANAGEMENT CONFERENCE; -[PROPOSED] ORDER ------------------

-1S T I P U L A T I O N TO EXTEND M E D I A T I O N DEADLINE; REM O V A L FROM COURT'S A D R AND CONTINUANCE OF CM C C A S E NO. CV-08-3588 JF RS

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The parties, by and through their respective attorneys of record stipulate as follows: Whereas, the parties have been previously ordered by the court on November 21, 2008 to the Court's ADR program and were ordered to proceed with court mediation with a 90-day deadline, and Whereas, since that time the parties have been actively participating in discovery including written discovery and depositions with said discovery expected to continue at least through early April, and Whereas, the parties agree that the completion of additional discovery is necessary prior to participating in mediation. Said discovery includes Orkin subpoenaing medical records and other records relating to the incident prior to the deposition of Donna Pratt. Whereas the parties now wish to have this matter removed from the Court's ADR program and instead to conduct a mediation with mediator Viggo Boserup with J.A.M.S. that is scheduled to take place on April 29, 2009; The parties stipulate that it is in the interests of justice and judicial economy for the Court to relieve the parties from the prior appointment to the ADR program and to replace the previously ordered Court mediation with mediation through a private mediator that the parties have selected. Said private mediation will be concluded by no later than May 1, 2009 and the case management conference with the court, currently scheduled on March 20, 2009, will be continued to a date after the mediation deadline. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

RIMAC MARTIN, PC

DATED: February 17, 2009

By:

/S/ W. STUART HOME, III W. STUART HOME, III Attorneys for Defendants ORKIN PEST CONTROL and ORKIN EXTERMINATING COMPANY, INC

-2S T I P U L A T I O N TO EXTEND M E D I A T I O N DEADLINE; REM O V A L FROM COURT'S A D R AND CONTINUANCE OF CM C C A S E NO. CV-08-3588 JF RS

1 2 3 4 5 6 7 8 9 10 11 12 DATED: February 17, 2009 By: DATED: February 17, 2009 By:

LAW OFFICE OF RUFUS L. COLE

/S/ RUFUS L. COLE RUFUS L. COLE Attorneys for Plaintiff DONNA PRATT LAW OFFICES OF THERESA L. KITAY

/S/ THERESA L. KITAY THERESA L. KITAY Attorneys for Defendants ARCHSTONE WILLOW GLEN APARTMENTS, TISHMAN SPEYER ARCHSTONE-SMITH, and CATHY BUTCHER

ORDER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3S T I P U L A T I O N TO EXTEND M E D I A T I O N DEADLINE; REM O V A L FROM COURT'S A D R AND CONTINUANCE OF CM C C A S E NO. CV-08-3588 JF RS

PURSUANT TO STIPULATION, IT IS SO ORDERED. The Case Management Conference is CONTINUED to May 22, 2009 at 10:30 a.m. 2/23/09 DATED: ________________________

_______________________________________ UNITED STATES DISTRICT COURT JUDGE