STIPULATION AND [PROPOSED] ORDER CONTINUING MEDIATION COMPLIANCE DATE

RICHARD SEEBORG, District Judge.

Defendant MENDOCINO-LAKE COMMUNITY COLLEGE DISTRICT and plaintiff DUNCAN MCMARTIN, by and through their respective attorneys of record, hereby stipulate as follows:

1. The parties appeared for an initial case management conference on August 23, 2012. Pursuant to this Court's Pretrial Order dated August 24, 2012, the following discovery and dispositive motion deadlines were set:

2. The parties were further referred to mediation on August 24, 2012 and were ordered to complete the mediation within 120 days of August 24, 2012 (December 22, 2012). The parties were assigned to mediator Jeffrey Wohl and agreed to schedule mediation for December 10, 2012.

3. The parties agreed at the Conference that they would limit themselves to one witness/party deposition per side prior to mediation.

4. Plaintiff's deposition was commenced on November 1, 2012, the soonest date practical after the parties propounded and responded to initial necessary discovery. The deposition could not be completed on November 1, 2012. To date, approximately six hours of deposition time has been taken. The parties are presently meeting and conferring regarding the reasonably appropriate additional deposition time needed to complete the deposition, but have agreed to additional time. The parties contemplate scheduling that continued deposition for late November/early December, as counsel for defendant is scheduled to be on vacation from November 19 through November 25, 2012.

5. Plaintiff took a single pre-mediation deposition of a key witness on November 6, 2012.

6. To be adequately prepared in advance of mediation, defendant needs to further depose plaintiff. Following the deposition, counsel for defendant needs time to advise and meet with his clients in advance of deposition. Absent completing the foregoing, defendant will be unable to meaningfully participate in mediation.

7. The parties do not intend to and are not seeking to expand any pre-mediation discovery not contemplated at and agreed to at the initial Case Management Conference of August 23, 2012. The parties are only requesting additional time so that plaintiff can be further deposed and defendant can adequately prepare for mediation.

8. The parties have consulted with mediator Jeffrey Wohl and have obtained two dates in January (January 8, 2012 and January 30, 2012) for which he is available. The parties will be unable to confirm the exact date of mediation until November 20, 2012 at the earliest, as a key participant to the mediation is presently unreachable until November 20, 2012 due to a death in the family.

9. For all the good cause reasons stated above, the parties respectfully request this Court extend the parties' deadline to complete mediation until January 30, 2013, so that the parties can complete necessary discovery.

10. The parties' request for extension of the mediation compliance deadline will not interfere with the presently scheduled pretrial and trial dates set by the Court. The parties have submitted no prior stipulations to alter any deadlines set by the Court.

11. The parties respectfully request that the Court approve this stipulation and incorporate its terms in an Order.

IT IS SO STIPULATED.

ORDER

GOOD CAUSE APPEARING THEREFORE, and the parties' having stipulated to same, the parties' stipulation is hereby APPROVED. The deadline for the parties to complete mediation shall be continued until January 30, 2013.

IT IS SO ORDERED.