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Stipulation and Request for Order Extending Mediation Case No. C 05 01914 MHP 

Deadline; [Proposed] Order Thereon 

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Rex M. Clack, Esq. (SBN 59237) 

David E. Russo, Esq. (SBN 112023) 

STERLING & CLACK 

A Professional Corporation 

101 Howard Street, Suite 400 

San Francisco, California 94105 

Telephone: (415) 543-5300 

Facsimile: (415) 543-3335 

Attorneys for Defendant 

SEARIVER MARITIME, INC. 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

ALVIN DILES, 

 Plaintiff, 

 vs. 

SEARIVER MARITIME, INC., 

 Defendant. 

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Case No.: C 05 01914 MHP 

STIPULATION AND REQUEST FOR 

ORDER EXTENDING MEDIATION 

DEADLINE; [PROPOSED] ORDER 

THEREON

 Plaintiff ALVIN DILES and defendant SEARIVER MARITIME, INC., by and through their 

respective counsel of record, hereby stipulate to, and respectfully request the Court extend the 

deadline for mediation and continue the presently set status conference for the reasons set forth 

below. 

 Mediation in this case is currently scheduled for March 15, 2006, and a further status 

conference is currently set for April 17, 2006. The parties had previously reported to the Court that 

to have a productive mediation, it was important to have a vessel inspection by plaintiff, for 

defendant to depose the plaintiff, and to engage in certain other discovery, including the production 

and review of medical records and other documents and information as between the parties. 

Case 3:05-cv-01914-MHP Document 16 Filed 03/22/06 Page 1 of 5
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___________________________________________________________________________________________________________ 

Stipulation and Request for Order Extending Mediation Case No. C 05 01914 MHP 

Deadline; [Proposed] Order Thereon 

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Plaintiff and defendant earlier contemplated and reported to the Court that this discovery could be 

completed in time to conduct the mediation in mid-March, 2006. 

 The subject vessel, the S/R GALENA BAY, is not available on the West Coast. The 

itinerary of the vessel found it in Texas and Florida during the period mid-February 2006 through 

the end of March 2006. It has not reasonably been possible to arrange for and conduct the vessel 

inspection up to now. An inspection will occur in the latter part of this month. The inspection is 

necessary in order for plaintiff to properly evaluate the case for mediation. 

 It has not heretofore been possible to schedule the deposition of plaintiff until such time as 

all medical records pertaining to plaintiff’s treatment were received and evaluated. That has now 

been accomplished. Plaintiff’s deposition can now be scheduled, but cannot reasonably be 

scheduled until the latter part of March, 2006 or early April 2006. The deposition of plaintiff is 

considered necessary for defendant’s evaluation of the case for mediation. 

 The parties have exchanged disclosures pursuant to Rule 26(a) and have conducted written 

discovery. Review of that material has led both parties to determine that further production of 

documents and exchange of information, including additional information regarding plaintiff’s 

damage claims, is essential to a fair case evaluation. The parties expect this discovery to be 

accomplished by mid-April 2006. Plaintiff may also take the deposition of one or two employees of 

defendant prior to the mediation. 

 The parties’ counsel have conferred with the Court-appointed mediator, Mark H. Penskar, 

Esq., regarding the foregoing matters and the proposal for continuing the mediation to a date on or 

after April 20, 2006. By reason of Mr. Penskar’s calendar and that of defendant’s General Counsel, 

who will attend the mediation, the mediation could not be scheduled with Mr. Penskar until midMay 2006. Plaintiff wishes to return to sea before then and therefore prefers an earlier mediation 

date. The parties have therefore agreed to select a new mediator, the Honorable Alfred Chiantelli 

(Ret.), who is able to conduct the mediation on April 24, 2006. The Court’s ADR Unit has been 

advised of this proposed change of mediators and has approved it. 

// 

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Case 3:05-cv-01914-MHP Document 16 Filed 03/22/06 Page 2 of 5
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___________________________________________________________________________________________________________ 

Stipulation and Request for Order Extending Mediation Case No. C 05 01914 MHP 

Deadline; [Proposed] Order Thereon 

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 Consequently, the parties hereby stipulate and respectfully request this Honorable Court 

order that the deadline for completing mediation in this case be extended to April 25, 2006 and 

further, that the Court continue the case management conference from April 17, 2006 to May 10, 

2006 or to such other date thereafter that is convenient to the Court. 

SO STIPULATED: 

Dated: STERLING & CLACK 

 By: _______s/Rex M. Clack______ 

 Rex M. Clack 

 Attorneys for Defendant 

SEARIVER MARITIME, INC. 

Dated: BERSCHLER ASSOCIATES, PC 

 By: _______s/Arnold I. Berschler___ 

 Arnold I. Berschler 

 Attorneys for Plaintiff 

ALVIN DILES 

Rex M. Clack attests that concurrence in the filing of this document has been obtained from each of 

the other signatories identified herein. 

Case 3:05-cv-01914-MHP Document 16 Filed 03/22/06 Page 3 of 5
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___________________________________________________________________________________________________________ 

Stipulation and Request for Order Extending Mediation Case No. C 05 01914 MHP 

Deadline; [Proposed] Order Thereon 

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ORDER

 Upon review and consideration of the foregoing stipulation, and good cause appearing 

therefor, 

 IT IS HEREBY ORDERED: 

 1. The deadline to complete mediation in this case is extended to and including 

April 25, 2006; 

 2. The case management conference now set for April 17, 2006 is continued to May __, 

2006 at 3:00 p.m.; and 

 3. A further Joint Case Management Statement shall be filed by the parties no later than 

May __, 2006. 

Dated: __________________________ 

 Marilyn Hall Patel 

 United States District Judge 

c:300095/P/StipExtendMed&[Prop]Order

June 5th, 30 March 22, 2006k

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Marilyn H. Patel

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Stipulation and Request for Order Extending Mediation Case No. C 05 01914 MHP 

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Case 3:05-cv-01914-MHP Document 16 Filed 03/22/06 Page 5 of 5