Valenzuela et al v. MC2 Pool and Spa et al

Filing 34

STIPULATION AND ORDER TO EXTEND TIME TO COMPLETE MEDIATION. Signed by Judge Richard Seeborg on 5/5/10. (cl, COURT STAFF) (Filed on 5/5/2010)

*E-Filed 5/5/10* 1 2 3 4 Attorneys for Defendants 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Plaintiff Mario Barreras Valenzuela and Defendants MC 2 POOL, et al, hereby file this Stipulation 20 and proposed order extending time to complete mediation. 21 1. 22 to be completed by November 12, 2009. 23 2. 24 mediator to this matter. 25 3. 26 mediation was scheduled for Tuesday January 12, 2010. 27 4. 28
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLETE MEDIATION C09-01698 RS

Phillip M. Sims (SBN:51590) P. Sophie Mai (SBN:254361) SIMS & LAYTON 84 W. Santa Clara St., #660 San Jose, CA 95113 [phone]

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

MARIO BARRERAS VALENZUELA Plaintiff, v. MC 2 POOL & SPA, MICHAEL & BRIAN MCFALL PTRS, GUILLERMO B MCFALL, BRIAN MCFALL and DOES 1-10. Defendants.

CASE NO. 09-01698 RS STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLETE MEDIATION

On August 12, 2009, per stipulation and court order, a court appointed mediation was

On September 15, 2009, Mr. Victor Schacter was named as the court-appointed

On October 1, 2010, by mutual agreement of all parties via conference call, the

In December 2009, a discovery dispute arose between the two parties. As a result, the

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previously scheduled January 12, 2009 mediation was taken off calendar. On February 22, 2010, Mr. Schacter's appointment as mediator was vacated due to a scheduling conflict. On December 28, 2009, a case management scheduling order set the new mediation deadline for May 15, 2010. On March 8, 2010 a second mediator, retired Judge Suzanne Nussbaum was appointed and a mediation was again set for May 5, 2010. However, after some discussion amongst counsel regarding Judge Nussbaum's inexperience handling collective cases, both parties objected to Judge Nussbaum's appointment as mediator. On April 13, 2010, a third mediator, Thomas Denver was appointed as mediator. A tentative mediation has been set for June 22, 2010. Due to the recent, multiple appointments of mediators, both parties request that a new mediation deadline be set for July 15, 2010. There are no additional anticipated changes to the case management order at this time. Respectfully Submitted,

SIMS & LAYTON /s/ Sophie Mai Gines ____ PHILLIP M. SIMS SOPHIE MAI GINES Attorneys for Defendants MC 2 POOL & SPA et al.

/S/ Adam Wang____ ADAM WANG, ESQ. Attorney for Plaintiffs

STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLETE MEDIATION C09-01698 RS

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLETE MEDIATION C09-01698 RS

[Proposed] Order The court hereby grants extension of the previously set mediation deadline of May 15, 2010 to July 15, 2010. There are no further anticipated changes to the court dates previously ordered to in the December 28, 2009 case management order.

5/5/10 Date__________________

________________________ US District Judge Richard Seeborg