Free Order - District Court of California - California

Case 3:07-cv-04795-PJH

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Filed 05/02/2008

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LAW OFFICES OF

PAUL L. REIN, Esq. (SBN 43053) JULIE A. OSTIL, Esq. (SBN 215202) ANN WINTERMAN, Esq. (SBN 222257) LAW OFFICES OF PAUL L. REIN 200 Lakeside Dr., Suite A Oakland, CA 94612 Tel: (510) 832-5001 Fax: (510) 832-4787 Attorneys for Plaintiff: ANDI MILLARD MERRILL G. EMERICK, Esq. (SBN 117248) ANDERLINI, FINKELSTEIN, EMERICK & SMOOT 400 South El Camino Real, Suite 700 San Mateo, CA 94402 Tel: (650) 348-0102 Fax: (650) 348-0962 Attorney for Defendants: HENRY L BRYANT and ANNE BRYANT CHARLES J. KATZ, ESQ. (SBN 68459) 475 El Camino Real, Suite 300 Millbrae, CA 94030 Tel: (650) 692-4100 Fax: (650) 692-2900 Attorney for Defendant: ZHAO HONG MIAO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ANDI MILLARD, Plaintiff, v. CHEF KING RESTAURANT; ZHAO HONG MIAO, dba CHEF KING RESTAURANT; HENRY L. BRYANT; ANNE BRYANT; and DOES 1-10, Inclusive, Defendants. _______________________________/
Stipulation and Proposed Order to Extend Mediation Completion Deadline: Case No. C07-04795 BZ -1s:\jo\cases\c\chef king\pleadings\stip to extend med date.doc

CASE NO. C07-04795 BZ Civil Rights STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION COMPLETION DEADLINE

PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 (510) 832-5001

Case 3:07-cv-04795-PJH

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Plaintiff ANDI MILLARD and defendants ZHAO HONG MIAO dba CHEF KING RESTAURANT, HENRY L. BRYANT, and ANNE BRYANT hereby jointly stipulate and request through their attorneys of record that the Court continue the current mediation deadline for 60 days to allow settlement discussions and mediation to occur through July 21, 2008. Good cause exists for the extension: 1. The parties have diligently followed General Order 56: the parties held a

cooperative site inspection of the Chef King Restaurant, plaintiff has shared her access consultant's report regarding injunctive relief, and the parties have engaged in settlement discussions both with and without mediator Hadden Roth. 2. Although the parties have been proceeding in good faith and in a diligent manner,

it has not been possible yet to resolve all the injunctive relief issues because defendants' expert has not yet inspected the restaurant. As a result defendants have not responded to plaintiff's injunctive relief demand. 3. To avoid even the appearance of a conflict of interest between plaintiff and the

public interest, or her counsel, it is the policy of plaintiff's counsel not to discuss monetary damages and attorney fees in settlement negotiations before injunctive relief is finalized among the parties. This approach is also required by General Order 56. 4. Accordingly, as injunctive relief has not yet been finalized in this case, it would be

premature to hold a mediation before defendants' expert has inspected the premises and before the parties have had time to discuss settlement after that inspection. 5. All the parties and the mediator, Hadden Roth, are in agreement that in order to

continue meaningful injunctive relief and settlement discussions the mediation deadline should be extended. 6. The parties believe that this extension will make settlement much more likely; if

the parties were required to hold mediation now settlement would not be possible, and the resulting increase in attorney fees and costs would make it less likely that the case would settle. 7. Therefore, the parties request that they be given through July 21, 2008, to continue
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PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 (510) 832-5001

Stipulation and Proposed Order to Extend Mediation Completion Deadline: Case No. C07-04795 BZ

Case 3:07-cv-04795-PJH

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LAW OFFICES OF

negotiating toward settlement with the assistance of mediator Hadden Roth in an attempt to resolve this case in its entirety. If the parties are unable to settle the case by July 21, 2008, but all parties and the mediator feel that further mediation sessions would be productive, the parties will submit a further stipulation to extend the mediation deadline again.

Dated: April 30, 2008

PAUL L. REIN JULIE A. OSTIL ANN WINTERMAN LAW OFFICES OF PAUL L. REIN /s/ Julie Ostil______________________ Attorneys for Plaintiff ANDI MILLARD

Dated: April 29, 2008

MERRILL G. EMERICK, Esq. ANDERLINI, FINKELSTEIN, EMERICK & SMOOT /s/___Merrill Emerick______________ Attorneys for Defendants HENRY L BRYANT and ANNE BRYANT

Dated: April 28, 2008

CHARLES J. KATZ, ESQ.

/s/_____Charles Katz______________ Attorneys for Defendant ZHAO HONG MIAO

PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 (510) 832-5001

Stipulation and Proposed Order to Extend Mediation Completion Deadline: Case No. C07-04795 BZ

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Case 3:07-cv-04795-PJH

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1 2 3 4 5 6 7 8 9 10 5/2/08 Dated: _____________

ORDER Pursuant to stipulation, and for good cause shown, it is hereby ORDERED that the parties may have through July 21, 2008 in order to conduct mediation in this case. If the parties have not settled the case by that time, but both parties and the mediator feel that further mediation sessions may be productive, the parties will submit a further stipulation to extend the mediation deadline.

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Stipulation and Proposed Order to Extend Mediation Completion Deadline: Case No. C07-04795 BZ

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PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 (510) 832-5001