Art of Living Foundation v. Does 1-10

Filing 144

Order by Hon. Lucy H. Koh granting 143 Stipulation and Referring Case to Magistrate Judge Settlement Conference.(lhklc3, COURT STAFF) (Filed on 3/9/2012)

Case5:10-cv-05022-LHK Document143 Filed03/08/12 Page1 of 3

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KRONENBERGER ROSENFELD, LLP
Karl S. Kronenberger (Bar No. 226112)
Jeffrey M. Rosenfeld (Bar No. 222187)
150 Post Street, Suite 520
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Art of Living Foundation
JOSHUA KOLTUN (Bar No. 173040)
Attorney
101 California Street
Suite 2450, No. 500
San Francisco, California 94111
Telephone: [phone]
Facsimile: 866.462.5959
[e-mail]

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Attorney for Defendants
Doe/Klim and Doe/Skywalker

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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ART OF LIVING FOUNDATION, a
California corporation,

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Plaintiff,

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vs.
DOES 1-10, inclusive,

Case No. 10-cv-5022-LHK-HRL
STIPULATION AND [PROPOSED]
ORDER TO TERMINATE REFERRAL
TO MEDIATION AND REFERRING
TO SETTLEMENT CONFERENCE
BEFORE MAGISTRATE JUDGE

Defendants.

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Case No. 10-cv-5022-LHK-HRL

STIP. AND [PROP.] ORDER REFERRING TO
SETTLEMENT CONFERENCE

Case5:10-cv-05022-LHK Document143 Filed03/08/12 Page2 of 3

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WHEREAS, on February 9, 2011 this Court, pursuant to stipulation, ordered the

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parties to mediate within 90 days of this Court’s resolution of Defendants’ dispositive

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motions [D.E. 25]; and

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WHEREAS, on May 26, 2011 the Court entered a Minute and Case Management

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Order that referred the parties to Court-connected mediation to be completed by

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September 9 [D.E. 79]; and

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WHEREAS that mediation deadline was extended by Order of this Court on
August 10, 2011 [D.E. 91]; and

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WHEREAS Defendants Skywalker and Klim have appeared in this action

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pseudonymously and have filed a motion to quash subpoenas [D.E. No. 62], which

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subpoenas seeks to reveal Skywalker and Klim’s identities; and

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WHEREAS the Court’s ADR department has informed the parties that it cannot
conduct a mediation with pseudonymous parties; and

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WHEREAS the Court has by its Order of November 9, 2011 [D.E.129] granted

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Defendants Klim and Skywalker’s motion to quash Plaintiffs’ subpoenas for their

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identities, pending further determinations by this Court; and

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WHEREAS at the Case Management Conference held on January 12, 2012 the

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Court indicated that if the parties were unable to settle the case by February 9, 2012,

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they were to so report to the Court, and that in that event the Court would refer the

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parties to the Hon. Joseph C. Spero, Magistrate Judge of this Court, [D.E. 141]; and

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WHEREAS, the parties having discussed settlement in person and by phone and

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having reported to the Court that they have not settled the matter [D.E. 142], and having

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further discussed settlement as well as conferred with the Court’s ADR staff to

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determine the proper procedure under the circumstances; and

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WHEREAS the parties believe that the assistance of a settlement judge would be
helpful;

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Art of

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Living Foundation, and Defendants Doe/Klim and Doe/Skywalker (collectively,
Case No. 10-cv-5022-LHK-HRL

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STIP. AND [PROP.] ORDER REFERRING TO
SETTLEMENT CONFERENCE

Case5:10-cv-05022-LHK Document143 Filed03/08/12 Page3 of 3

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“Defendants”), through their counsel of record, and the parties respectfully request this

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Court to ORDER that:

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1.

The Court’s referral of this matter to mediation be terminated; and

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2.

This matter be referred to Magistrate Judge [the Honorable Joseph C.

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Spero] / [the Honorable _______________________________] to conduct a settlement

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June 9
conference, to be completed by ______________, 2012; and

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3.

Unless and until the Court issues a ruling modifying the Order of

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November 9, 2012, Defendants are permitted to appear at the conference telephonically

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and without disclosing their identities.

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DATED: March __ 2012

DATED: March __ 2012

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KRONENBERGER ROSENFELD, LLP

JOSHUA KOLTUN

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By:

By:

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Karl S. Kronenberger
Jeffrey M. Rosenfeld
150 Post Street, Suite 520
San Francisco, CA 94108
[e-mail]
[e-mail]

Joshua Koltun
101 California Street
Suite 2450, No. 500
San Francisco, California 94111
[e-mail]

Attorneys for Plaintiff
Art of Living Foundation

Attorney for Defendants
Doe/Klim and Doe/Skywalker

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s/ Karl S. Kronenberger

s/ Joshua Koltun

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Date: ________________
March 9, 2012
__________________________
The Honorable Lucy H. Koh
United States District Court Judge

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Case No. 10-cv-5022-LHK-HRL

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STIP. AND [PROP.] ORDER REFERRING TO
SETTLEMENT CONFERENCE