THE PARTIES' AMENDED STIPULATED REQUEST TO CHANGE THE FORM OF ALTERNATIVE DISPUTE RESOLUTION PROCESS APPLICABLE TO THE CASE

JAMES DONATO, District Judge.

Pursuant to Civil Local Rule 16-8, the parties to this action, through their attorneys of record, submit the following Stipulated Request to Change the Form of Alternative Dispute Resolution Process Applicable to this Case:

WHEREAS, on January 8, 2014, the Court issued its Corrected Minute Order and Case Management Order ("CMO"), and

WHEREAS, the CMO provided that a Magistrate Judge Settlement Conference shall be conducted in the case; and

WHEREAS, on March 13, 2014 the parties filed a stipulation requesting an extension of time for the deadline to complete the Settlement Conference because of difficulties Defendant has encountered in identifying, collecting and reviewing relevant records and information so that the parties could better prepare for the Settlement Conference scheduled for April 17, 2014) so as to maximize the chances that the Settlement Conference will be successful; and

WHEREAS, on March 14, 2014, the Court issued an Order granting in part and denying in part the parties' stipulation, including continuing the Settlement Conference completion deadline to June 26, 2014; and

WHEREAS, the parties conferred with the chambers of the Hon. Nandor J. Vadas regarding the Court's availability for a settlement conference in June, however, at the time of the parties' inquiry Judge Vadas was not available in San Francisco for a settlement conference on any of the dates that the parties were mutually available; and

WHEREAS, the parties did not make additional inquiry regarding Judge Vadas' future availability. Instead, they contacted the office of the Hon. Edward A. Infante (Ret.) and learned that Judge Infante had limited availability for a mediation in San Francisco on June 25, 2014. The parties immediately reserved June 25, 2014 with Judge Infante's staff (although the parties note that they have subsequently been informed that Judge Vadas' availability has changed); and

WHEREAS, the parties' now desire to change their requested form of alternative dispute resolution process from a settlement conference to a private mediation.

THEREFORE, IT IS HEREBY STIPULATED THAT the parties request that the Court approve their joint request to change the form of alternative dispute resolution in this case from a Settlement Conference before the Hon. Nandor J. Vadas to a private mediation before the Hon. Edward A. Infante (Ret.), with the completion deadline for the alternative dispute resolution process to remain as June 26, 2014.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.