Hernandez v. Fry's Electronics, Inc. et al

Filing 21

ORDER GRANTING JOINT REQUEST FOR ADMINISTRATIVE RELIEF. Signed by Judge Paul S. Grewal on 5/10/2012. (psglc2, COURT STAFF) (Filed on 5/11/2012)

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1 2 3 4 5 6 K. Randolph Moore, Esq., SBN 106933 Tanya E. Moore, Esq. SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone (408) 271-6600 Facsimile (408) 298-6046 Attorneys for Plaintiff Alma Clarisa Hernandez 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 ALMA CLARISA HERNANDEZ, 12 13 14 15 16 17 Plaintiff, vs. FRY’S ELECTRONICS, INC., et al.,, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) No. 5:10-CV-05475-PSG JOINT REQUEST FOR ADMINISTRATIVE RELIEF AFTER MEDIATION REQUESTING CASE MANAGEMENT CONFERENCE [ADA Access]; [PROPOSED] ORDER 18 This matter was referred to mediation on June 24, 2011. On July 13, 2011, a mediator 19 was appointed. On September 22, 2011 the first pre-mediation telephone call took place. On 20 December 14, 2011, the first mediation session was conducted. On December 16, 2011, the 21 mediator filed a certification of ADR Session stating that further facilitated discussions were to 22 take place, and that the ADR Process was not complete (Doc. 16). On February 10, 2012, 23 counsel for the parties met in person as requested by the mediator (but without the mediator’s 24 presence) to further discuss settlement. Since then, the parties have been working towards 25 settlement and remain optimistic that a settlement will be reached. 26 On May 1, 2012 the Court issued an Order to Show Cause to Plaintiff regarding its 27 failure to file for administrative relief following the certification of mediation (Doc. 18). As the 28 December 16, 2011 Certification of ADR Session indicated that the ADR process was not Joint Request for Administrative Relief After Mediation Requesting CMC Page 1 1 complete, no final certification had to date been made, and thus no triggering event for Plaintiff 2 to file this request for administrative relief. On May 2, 2012, the mediator filed a Certification 3 of Mediation concluding the mediation process without full settlement (Doc. 19). 4 5 6 Pursuant to General Order 56 and Local Rule 7-11, the Parties accordingly request that the Court set a Case Management Conference in this matter. Respectfully submitted this 3rd day of May 2012. MOORE LAW FIRM, P.C. 7 8 /s/ Tanya E. Moore Tanya E. Moore, Attorneys for Plaintiff 9 10 11 BORTON PETRINI, LLP 12 13 /s/ Samuel L. Phillips Samuel L. Phillips, Attorneys for Defendants 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER Upon request of the Parties and good cause appearing, IT IS HEREBY ORDERED that a Case Management Conference is set for 2012 at , in Courtroom 5 before the Honorable Paul S. Grewal. The parties shall file a joint case management conference statement no more than seven (7) days prior to the Case Management Conference. IT IS SO ORDERED. Dated: 5/10/2012 United States Magistrate Judge 27 28 Joint Request for Administrative Relief After Mediation Requesting CMC Page 2

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