Obico v. Mission Creek Senior Community/Mercy Housing et al
Filing
42
ORDER GRANTING 41 STIPULATION TO AMEND COURT'S MINUTE ORDER DATED JUNE 15, 2012, REGARDING DEADLINE TO COMPLETE MEDIATION. Signed by Judge JEFFREY S. WHITE on 8/21/12. (jjoS, COURT STAFF) (Filed on 8/21/2012)
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Case3:11-cv-03932-JSW Document41 Filed08/17/12 Page1 of 3
1 DAVID A. GABIANELLI, State BarNo. 158170
david.gabianelli@clydeco. us
2 ANDREW G. WANGER, State BarNo. 166449
andrew. wanger@clydeco. us
3 GENEVA A. COLLINS, State Bar No. 187023
geneva. collins@clydeco. us
4 HANI GANJI, State Bar No. 272925
hani.ganji@clydeco. us
5 CLYDE& CO US LLP
101 Second Street, 24th Floor
6 San Francisco, California 94105
Telephone: (415) 365-9800
7 Facsimile: (415) 365-9801
8 Attorneys for Plaintiff
VICENTE T. OBICO
9
10
IN THE UNITED STATES DISTRICT COURT
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IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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VICENTE T. OBICO,
14
Plaintiff,
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v.
16 MISSION CREEK SENIOR
COMMUNITY/MERCY HOUSING INC.,
17
Defendant.
18
Case No. 3:11-cv-03932 JSW
STIPULATION AND [PROPOSED]
ORDER TO AMEND COURT'S MINUTE
ORDER DATED JUNE 15, 2012,
REGARDING DEADLINE TO
COMPLETE MEDIATION
Complaint filed: August 10, 2011
Trial Date:
April29, 2013
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Plaintiff VICENTE T. OBICO (hereinafter "Plaintiff) by his attorneys, Clyde & Co US
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LLP, and Defendant MISSION CREEK SENIOR COMMUNITY/MERCY HOUSING INC.
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(hereinafter "Defendant"), by and through its attorneys, Simpson, Garrity, Innes & Jacuzzi, P.C.,
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hereby agree and stipulate as follows:
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WHEREAS, on June 15, 2012, this Court issued a Minute Order to complete an
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Alternative Dispute Resolution Mediation (hereinafter "mediation") by October 15, 2012; and
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80027lv3
1
3:11-cv-03932 JSW
STIPULATION AND [PROPOSED] ORDEJ3.. TO AMEND COURT'S MINUTE ENTRY
ORDER DATED JUNE 15,2012, REGARDING DEADLINE TO COMPLETE MEDIATION
Case3:11-cv-03932-JSW Document41 Filed08/17/12 Page2 of 3
1
WHEREAS, on July 17, 2012, Plaintiff served requests for production of documents and
2 interrogatories on Defendant, with responses due on August 20, 2012; and
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WHEREAS, on July 27,2012, Defendant served document requests on Plaintiff, with
4 responses due on August 29, 2012; and
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WHEREAS, the parties agree that the parties' responses to the written discovery should be
6 served prior to conducting any depositions; and
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WHEREAS, the parties agree that Plaintiffs deposition and the depositions of at least the
8 three key employees of Defendant should be conducted prior to the mediation, so that the parties
9 will have a factual basis on which to evaluate their claims and defenses prior to discussing
10 settlement; and
WHEREAS, Plaintiff has identified three key employees or representatives of Defendant
11
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12 that he intends to depose: Jose A. Vega; Japquie Hoffman; and Aric Alvarez; and
WHEREAS. the parties have met and conferred pursuant to the Local Rules on the
13
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10 14 availability of these three witnesses for deposition; and
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WHEREAS, Defendant's counsel has advised Plaintiffs counsel that Jose A. Vega will be
15
16 out of the country for the entire month of September and will not be available for his deposition,
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17 Aric Alvarez is out ofthe country from September 10 through September 28,2012, and Jacquie
18 Hoffman is on vacation from September 7 to October 6, 2012; and
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WHEREAS, the earliest time to depose defense witnesses will thus be October 2012; and
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WHEREAS, the parties would like to have copies of the deposition transcripts prior to the
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mediation; and
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WHEREAS, on July 26, 2012, the,parties participated in a pre-mediation telephone
conference with the court-appointed media~or, James V. Fitzgerald, during which the discovery
24 issues were discussed; and
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WHEREAS, the parties agree that a three week extension oftime, up to and including
26 November 5, 2012, will allow the parties sufficient time to complete key depositions and will
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cause the mediation to be more productive; and
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80027lv3
2
3:11-cv-03932 JSW
STIPULATION AND [PROPOSED] ORDER TO AMEND COURT'S MINUTE ENTRY
ORDER DATED JUNE 15,2012, REGARDING DEADLINE TO COMPLETE MEDIATION
Case3:11-cv-03932-JSW Document41 Filed08/17/12 Page3 of 3
1
WHEREAS, Mr. Fitzgerald advised the parties that he was amenable to extending the
2 mediation deadline for three weeks, to November 5, 2012, to allow the parties sufficient time to
3 prepare for the mediation; and
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WHEREAS, the proposed discovery deadline will not affect the discovery cut.:off date, the
5 trial date, or any other dates set by this Court; and
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WHEREAS, there have been no previous requests for time modifications in this case;
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THEREFORE, by and through their attorneys of record, the parties stipulate as follows:
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The mediation deadline shall be continued to November 5, 2012.
9 IT IS SO STIPULATED.
10
11 Dated: 8/17/12
CLYDE & CO US LLP
'2012
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By:
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/s/ David A. Gabianelli
David A Gabianelli
Attorneys for Plaintiff
VICENTE T. OBICO
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16 Dated:
JACUZZI
'2012
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By:
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Marc L. J acuzz
Attorneys for efendant
MISSION CREEK SENIOR
COMMUNITY/MERCY HO
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22 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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24 Dated: August 21
--------"2012
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JEFFREYS. WHITE
United States District Judge
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80027Jv3
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3:11-cv-03932 JSW
STIPULATION AND [PROPOSED] ORDER TO AMEND COURT'S MINUTE ENTRY
ORDER DATED JUNE 15, 2012, REGARDING DEADLINE TO COMPLETE MEDIATION
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