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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K. Randolph Moore, SBN 106933
Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Anthony Lerma

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ANTHONY LERMA,

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Plaintiff,
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vs.
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JACKSON LTC PHARMACY, INC. dba
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JACKSON MEDICAL PHARMACY, LORA )
L. PORTER, TRUSTEE OF THE LORA L. )
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PORTER REVOCABLE LIVING TRUST OF )
1997,
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Defendants.
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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;

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WHEREAS, the Parties conducted joint site inspections within the time required by

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this Court’s Scheduling Order and subsequent Stipulation and Order of the Court continuing

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the date for the joint site inspection to take place to September 23, 2011;

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WHEREAS, Plaintiff filed a Notice of Need for Mediation on November 10, 2011;

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WHEREAS, no mediator has as yet been appointed in this matter. Plaintiff has been

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informed on other matters that the ADR Unit is experiencing a backlog and attendant delay in

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the appointment of mediators;

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
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WHEREAS, Plaintiff Anthony Lerma (“Plaintiff”) and Defendants Jackson LTC

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Pharmacy Inc. dba Jackson Medical Pharmacy, and Lora L. Porter, Trustee of the Lora L.

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Porter Revocable Living Trust of 1997 (“Defendants” and, together with Plaintiff, the

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“Parties”) believe that both Court resources and attorney time and costs will be most

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effectively utilized if the Parties are given an opportunity to settle this matter through

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mediation prior to attending and preparing for a case management conference;

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WHEREAS, General Order 56, Paragraph 7 provides that if the matter does not settle

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at mediation, Plaintiff is required to file a request for administrative relief requesting a case

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management conference;

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NOW, THEREFORE, the Parties respectfully request that the Court vacate the Case

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Management Conference in order to afford the Parties the opportunity to reach a settlement

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through mediation, and to permit Plaintiff to file a request for administrative relief requesting a

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case management conference if necessary should the matter not settle at mediation.

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Dated: December 21, 2011

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff Anthony Lerma

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Dated: December 21, 2011

LAW OFFICES OF THOMAS O’HAGAN

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/s/ Kelli E. George
Kelli E. George, Attorneys for Defendant
Jackson LTC Pharmacy Inc. dba
Jackson Medical Pharmacy

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Dated: December 21, 2011

MEZZETTI LAW FIRM, INC.

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/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

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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
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ORDER

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Upon request of the parties and good cause appearing,

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IT IS HEREBY ORDERED that the case management conference currently set for

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January 10, 2012 is vacated. Plaintiff is ordered to file a request for administrative relief

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requesting a case management conference within seven (7) days after the mediator files a

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certification of mediation stating that the matter has not resolved, if in fact the matter does not

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resolve at mediation.

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IT IS SO ORDERED.

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Dated:
United States Magistrate Judge

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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
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