McAfee et al v. Francis

Filing 74

Order by Hon. Lucy H. Koh denying 72 Stipulated Request to Continue Mediation Deadline.(lhklc3, COURT STAFF) (Filed on 4/2/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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United States District Court
For the Northern District of California

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JIMMY J. McAFEE, et. al.,
Plaintiffs,

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v.
THOMAS FRANCIS, et. al.,
Defendants.

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Case No.: 5:11-CV-00821-LHK
ORDER DENYING REQUEST TO
CONTINUE MEDIATION DEADLINE

On April 1, 2012, the parties filed a stipulation to continue the April 4, 2012 mediation and

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the April 7, 2012 deadline to complete mediation, based upon their representation that “[t]he

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Parties through their lawyers are actively engaged in settlement negotiations,” and “[t]he Parties

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believe that the settlement negotiations may be successful.” ECF No. 72 at 1. While the Court

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strongly encourages the parties to settle the above-captioned matter, the mere vague expressions of

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optimism contained in the parties’ stipulation are insufficient to support continuation of the April 4,

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2012 mediation session with William Alderman or the April 7, 2012 mediation deadline. In the

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absence of a stipulated notice of settlement, the Court declines to continue any of these dates at this

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time. The parties shall file a notice of settlement or dismissal with prejudice by no later than April

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17, 2012, or if unable to do so, a status report stating that the case did not settle.

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IT IS SO ORDERED.

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Dated: April 2, 2012

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_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 11-cv-00821-LHK
ORDER DENYING REQUEST TO CONTINUE MEDIATION DEADLINE