Opinion
No. 12-CV05848 RMW
03-28-2013
HUIMIN SONG, Plaintiff, v. COUNTY OF SANTA CLARA; SANTA CLARA VALLEY MEDICAL CENTER; PAUL ESTESS, ANNA HUGHES; and Does 1 through 70, Defendants.
Respectfully submitted, LAW OFFICES OF BONNER & BONNER CHARLES A. BONNER, ESQ. Attorney for Plaintiff HUIMIN SONG ORRY P. KORB County Counsel 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
ORRY P. KORB, County Counsel (S.B. #114399)
JOHN L. WINCHESTER, III, Deputy County Counsel (S.B. #142175)
OFFICE OF THE COUNTY COUNSEL
70 West Hedding Street, East Wing, Ninth Floor
San Jose, California 95110-1770
Telephone: (408) 299-5900
Facsimile: (408) 292-7240
Attorneys for Defendants
COUNTY OF SANTA CLARA and Its
Santa Clara Valley Medical Center,
PAUL ESTESS AND ANNA HUGHES
STIPULATION AND ORDER ENLARGING
TIME FOR DEFENDANTS TO RESPOND
TO PLAINTIFF'S FIRST AMENDED
COMPLAINT AND CONTINUANCE OF
CASE MANAGEMENT CONFERENCE
The parties, through their respective counsel of record, hereby stipulate and agree to an order enlarging time, until May 8, 2013, for Defendants County of Santa Clara and its Santa Clara Valley Medical Center, Paul Estess and Anna Hughes to file and serve a response to the First Amended Complaint of Plaintiffs Huimin Song. The First Amended Complaint was served on March 13, 2013.
Good cause exists for this enlargement of time (30 additional days). Song and the County of Santa Clara are involved in litigation in the matter of Huimin Song and Andy Xie v. County of Santa Clara, Santa Clara Valley Medical Center, et. al., Case No. CV11-04450, pending before United States District Judge Edward J. Davila. The parties have been engaged in private mediation since January 16, 2013 with mediator Kael Briski of the Briski Mediation Group. Since the initial mediation on January 16, the parties and Mr. Briski have had countless email communications, two face to face discussions and no less than twelve phone conferences. Settlement demands, offers and terms of resolution have been exchanged. The parties are in the process of scheduling another mediation session during the week of April 15, 2013. The settlement discussions have involved resolution of all issues, including the allegations giving rise to this lawsuit, between Song and the County. In view of the time and effort that will be necessary to prepare an appropriate responsive pleading, and the impending mediation session which the parties are hopeful will end both lawsuits, the parties respectfully request an order enlarging Defendants time to respond to the First Amended Complaint. Furthermore, the parties request that the Case Management Conference be continued to Friday, May 17, 2013, 10:30 a.m.
I hereby attest that I have on file the holograph signature indicated by a "conformed" signature (/S/) within this e-filed document. IT IS SO STIPULATED
Respectfully submitted,
LAW OFFICES OF
BONNER & BONNER
By: _________________
CHARLES A. BONNER, ESQ.
Attorney for Plaintiff
HUIMIN SONG
ORRY P. KORB
County Counsel
By:_________________
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
ORDER
Defendants may have to and including May 8, 2013 by which to file and serve a response to Plaintiff's First Amended Complaint. The Case Management Conference is continued to May 17, 2013, 10:30 a.m. The Joint Case Management Statement is to be filed no later than May 10, 2013.
_________________
HONORABLE RONALD M. WHYTE
United States District Court Judge