Song v. County of Santa Clara et al

Filing 22

STIPULATION AND ORDER 21 for Continuance of Case Management Conference: Case Management Conference set for 1/10/2014 10:30 AM in Courtroom 6, 4th Floor, San Jose. Revised Case Management Statement due 1/3/2014. Signed by Judge Ronald M. Whyte on 10/31/13. (jgS, COURT STAFF) (Filed on 10/31/2013)

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CHARLES A. BONNER, ESQ. SB# 85413
A. CABRAL BONNER, ESQ. SB# 247528
LAW OFFICES OF CHARLES A. BONNER
475 GATE FIVE RD, SUITE 212
SAUSALITO, CA 94965
TEL: [phone]
FAX: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HUIMIN SONG,
Plaintiff,

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No. CV12-05848 RMW
STIPULATION AND ORDER FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE

v.

COUNTY OF SANTA CLARA; SANTA
CLARA VALLEY MEDICAL CENTER; PAUL
15 ESTESS, ANNA HUGHES; and Does 1 through
70,
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Defendants.
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Stipulation and Order for Continuance of CMC

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CV12-05848 RMW

The parties, through their respective counsel of record, hereby stipulate and agree to an order

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Continuing the Case Managament Conference presently scheduled for November 1, 2013 at 10:30

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AM in Corutroom 6, 4th Floor, San Jose CA.

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Good cause exists for this enlargement of time (60 additional days). Song and the County of

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Santa Clara are involved in litigation in the matter of Huimin Song and Andy Xie v. County of Santa

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Clara, Santa Clara Valley Medical Center, et. al., Case No. CV11-04450, pending before United

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States District Judge Edward J. Davila. The parties are also waiting the ruling in this matter on

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Defendants’ pending Summary Judgment Motion, which will impact the settlement discussion now

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in progress.

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The parties have been engaged in private mediation since January 16, 2013 with mediator

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Kael Briski of the Briski Mediation Group. Since the initial mediation on January 16, the parties and

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Mr. Briski have had countless email communications, two face to face discussions and no less than

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twelve phone conferences.

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exchanged. The parties are in the process of scheduling another mediation session with Mr. Briski,

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which will be take place in the next 30 days. The settlement discussions have involved resolution of

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all issues, including the allegations giving rise to this lawsuit, between Song and the County. The

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parties are hopeful that both lawsuits will be resolved at this upcoming mediation.

Settlement demands, offers and terms of resolution have been

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The parties request 60 days to allow sufficient time for both the ruling on the summary

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judgment, and to complete the mediation in all matters. The parties are optimistic that mediation will

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result in a resolution of all matters, obviating the necessity of any further litigation between these

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parties.

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Stipulation and Order for Continuance of CMC

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CV12-05848 RMW

I hereby attest that I have on file the holograph signature indicated by a “conformed”

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signature (/S/) within this e-filed document.

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IT IS SO STIPULATED

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Respectfully submitted,

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LAW OFFICES OF
BONNER & BONNER

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Dated: October 31, 2013

By:

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/S/
CHARLES A. BONNER, ESQ.
Attorney for Plaintiff
HUIMIN SONG

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ORRY P. KORB
County Counsel

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Dated: October 31, 2013

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By:

/S/
JOHN L. WINCHESTER, III
Deputy County Counsel
Attorneys for Defendant
COUNTY OF SANTA CLARA and Its
Santa Clara Valley Medical Center,
PAUL ESTESS AND ANNA HUGHES

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ORDER

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The Case Management Conference is continued to January 10, 2014 at10:30 a.m. The Joint

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Case Management Statement is to be filed no later than January 3, 2014.

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Dated:
HONORABLE RONALD M. WHYTE
United States District Court Judge

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729215

Stipulation and Order for Continuance of CMC

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CV12-05848 RMW