Lerma v. Jackson LTC Pharmacy et al

Filing 20

JOINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; ORDER, granting 18 Proposed Order filed by Anthony Lerma. 1/10/2012 Case Management Conference Vacated. Signed by Judge Paul S. Grewal on 12/29/2011. (ofr, COURT STAFF) (Filed on 12/29/2011)

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1 2 3 4 5 K. Randolph Moore, SBN 106933 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone: (408) 298-2000 Facsimile: (408) 298-6046 Attorneys for Plaintiff Anthony Lerma 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 ANTHONY LERMA, ) ) Plaintiff, ) ) ) vs. ) JACKSON LTC PHARMACY, INC. dba ) JACKSON MEDICAL PHARMACY, LORA ) L. PORTER, TRUSTEE OF THE LORA L. ) ) PORTER REVOCABLE LIVING TRUST OF ) 1997, ) ) ) Defendants. ) ) ) No. 5:11-CV-02160-PSG JOINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER WHEREAS, the Case Management Conference in this matter is currently set for January 10, 2012; 22 WHEREAS, the Parties conducted joint site inspections within the time required by 23 this Court’s Scheduling Order and subsequent Stipulation and Order of the Court continuing 24 the date for the joint site inspection to take place to September 23, 2011; 25 WHEREAS, Plaintiff filed a Notice of Need for Mediation on November 10, 2011; 26 WHEREAS, no mediator has as yet been appointed in this matter. Plaintiff has been 27 informed on other matters that the ADR Unit is experiencing a backlog and attendant delay in 28 the appointment of mediators; REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER 1 1 WHEREAS, Plaintiff Anthony Lerma (“Plaintiff”) and Defendants Jackson LTC 2 Pharmacy Inc. dba Jackson Medical Pharmacy, and Lora L. Porter, Trustee of the Lora L. 3 Porter Revocable Living Trust of 1997 (“Defendants” and, together with Plaintiff, the 4 “Parties”) believe that both Court resources and attorney time and costs will be most 5 effectively utilized if the Parties are given an opportunity to settle this matter through 6 mediation prior to attending and preparing for a case management conference; 7 WHEREAS, General Order 56, Paragraph 7 provides that if the matter does not settle 8 at mediation, Plaintiff is required to file a request for administrative relief requesting a case 9 management conference; 10 NOW, THEREFORE, the Parties respectfully request that the Court vacate the Case 11 Management Conference in order to afford the Parties the opportunity to reach a settlement 12 through mediation, and to permit Plaintiff to file a request for administrative relief requesting a 13 case management conference if necessary should the matter not settle at mediation. 14 Dated: December 21, 2011 MOORE LAW FIRM, P.C. 15 /s/ Tanya E. Moore Tanya E. Moore Attorneys for Plaintiff Anthony Lerma 16 17 18 Dated: December 21, 2011 LAW OFFICES OF THOMAS O’HAGAN 19 20 /s/ Kelli E. George Kelli E. George, Attorneys for Defendant Jackson LTC Pharmacy Inc. dba Jackson Medical Pharmacy 21 22 23 24 Dated: December 21, 2011 MEZZETTI LAW FIRM, INC. 25 26 /s/ Robert L. Mezzetti, II Robert L. Mezzetti, II, Attorneys for Lora L. Porter, Trustee of the Lora L. Porter Revocable Living Trust of 1997 27 28 REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER 2 1 ORDER 2 Upon request of the parties and good cause appearing, 3 IT IS HEREBY ORDERED that the case management conference currently set for 4 January 10, 2012 is vacated. Plaintiff is ordered to file a request for administrative relief 5 requesting a case management conference within seven (7) days after the mediator files a 6 certification of mediation stating that the matter has not resolved, if in fact the matter does not 7 resolve at mediation. 8 9 IT IS SO ORDERED. 10 11 Dated: United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER 3

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