Free Stipulation - District Court of California - California

Case 4:07-cv-04894-SBA

Document 42

Filed 06/16/2008

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JOSEPH P. RUSSONIELLO (SBN 44332) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division ABRAHAM A. SIMMONS (SBN 146400) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102-3495 Telephone: (415) 436-7264 Facsimile: (415) 436-6748 Email: [email protected] Attorneys for Federal Defendants

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A limited liability partnership formed in the State of Delaware

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ROBERT CARL PATRICK KEANE, individually; and CHIEKO STRANGE, individually, Plaintiffs, vs. SETH M. MCMULLEN, PAUL ACCORNERO and JOHN SILVA, Defendants. Compl. Filed: Trial Date: September 20, 2007 March 23, 2008 No.: C-07-04894 SBA STIPULATION AND [PROPOSED] ORDER MODIFYING DEADLINE TO COMPLETE MEDIATION

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REED SMITH LLP

Hon. Saundra Brown Armstrong

17 18 STIPULATION 19 20 21 22 23 24 25 26 27 28 and WHEREAS, on September 20, 2007, this Court issued its Order Setting Initial Case Management Conference and ADR Deadlines ("CMC Order"), scheduling the parties' meet and confer, disclosure and Rule 26 filing obligations in this Action ("Deadlines") pursuant to FRCP 26, ADR L.R. 3-5, and Civil L.R. 16-8, et seq.; and WHEREAS, through stipulation and order of this Court dated December 24, 2007, the Court granted an extension of various court ordered case management deadlines, including its Order Setting Initial Case Management Conference and ADR Deadlines ("CMC Order"), scheduling the ­1­
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WHEREAS, on September 20, 2007, Plaintiffs filed the Complaint in this action ("Action");

STIPULATION AND PROPOSED ORDER RE FIRST AMENDED COMPLAINT, MOTION TO DISMISS, AND CMC DEADLINES

Case 4:07-cv-04894-SBA

Document 42

Filed 06/16/2008

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A limited liability partnership formed in the State of Delaware

parties' meet and confer, disclosure and Rule 26 filing obligations in this Action ("Deadlines") pursuant to FRCP 26, ADR L.R. 3-5, and Civil L.R. 16-8, et seq.; and WHEREAS, Plaintiffs filed their First Amended Complaint February 19, 2008; and WHEREAS, on April 3, 2008, this Court ordered that the parties engage in mediation with said mediation to be completed on or before July 7, 2008; and WHEREAS, on April 23, 2008, this Court appointed William A. Herbert as the mediator in this case; and WHEREAS, the mediator scheduled the pre-mediation conference on May 12, 2008; and WHEREAS, at the May 12, 2008 pre-mediation conference, and with the approval of the parties, the mediator scheduled the mediation for June 25, 2008; and WHEREAS, at the time that the mediator scheduled the mediation, the Assistant United States Attorney assigned to represent Seth McMullen was aware of periods of the defendant's unavailability but misunderstood that the defendant's departure on June 15, 2008 for military leave would extend for three weeks; and WHEREAS, Seth McMullen now is, in fact, on military leave and is unavailable to be physically present for a mediation until July 7, 2008, which is both the Monday after the July 4th weekend and the last day to mediate this case under the Court's order; and WHEREAS, the mediator is unavailable until June 20, 2008, to discuss the possible rescheduling of the mediation; and WHEREAS, the parties agree that there is a substantial likelihood that not all the parties would be available for a mediation within the July 7, 2008, deadline established by the court; and WHEREAS, this case is scheduled for a jury trial to commence March 23, 2009; IT IS THEREFORE STIPULATED between Plaintiffs and Defendants John Silva, Paul Accornero and Seth McMullen, by and through their undersigned attorneys of record, for the convenience of the parties and the Court as follows: The parties do hereby stipulate and request that the Court grant an Order extending the

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REED SMITH LLP

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STIPULATION AND PROPOSED ORDER RE FIRST AMENDED COMPLAINT, MOTION TO DISMISS, AND CMC DEADLINES

Case 4:07-cv-04894-SBA

Document 42

Filed 06/16/2008

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A limited liability partnership formed in the State of Delaware

deadline to complete the mediation until July 18, 2008. SO STIPULATED: DATED: June 16, 2008 REED SMITH LLP By /s/ James E. Heffner Attorneys for Plaintiffs ROBERT CARL PATRICK KEANE and CHIEKO STRANGE

DATED: June 16, 2008

MEYERS, NAVE, RIBACK, SILVER & WILSON LLP

By

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/s/ Tricia L. Hynes Attorneys for Defendants PAUL ACCORNERO and JOHN SILVA

REED SMITH LLP

JOSEPH P. RUSSONIELLO, United States Attorney

/s/ ABRAHAM A. SIMMONS Assistant United States Attorney United States Department of Justice Attorneys for Defendant Seth McMullen

[PROPOSED] ORDER Based upon the stipulation of the parties, and for good cause shown, the Court orders as follows: The stipulation is APPROVED. The Court's April 3, 2008, Order is modified. The parties are to complete mediation on or before July 18, 2008. PURSUANT TO STIPULATION IT IS SO ORDERED:

__________________________________________ Hon. Saundra Brown Armstrong United States District Court Judge

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STIPULATION AND PROPOSED ORDER RE FIRST AMENDED COMPLAINT, MOTION TO DISMISS, AND CMC DEADLINES