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Monday, April 17, 2006 11:36:55 AM
Long-Term Sentiment: Strong Buy 04/17/06 11:29 am
Msg: 87080 of 87086
I checked PACER. Usually, adjourning a hearing requires the entry of an order, but the formal written order can be filed after the matter is adjourned by the Judge or by stipulation of the parties. There is no written order on file yet adjourning the hearing, even though it is no longer on the docket for April 18.
The Judge must have asked the parties to consider "Alternative Dispute Resolution". It is hard to tell the Judge you won't even try to work things out, so chicken lawyers always agree to try, even when it is hopeless. The Judge signed an order on March 30 sending the case to Mediation. I'm not sure what that means in the Northern District of California. Usually, "mediation" is a variety of non-binding conciliation conducted by some respected personage in that town. I have had some good results personally from such procedures, and also wasted time and energy on other occassions.
The parties submitted a proposed "Case Management Order", which will probably be signed by the Judge (with maybe only minor modificatios). This may have been done in lieu of or in connection with a telephonic case management conference. Assuming the Judge signs the proposed order, trial is scheduled in the September, 2007.
Maybe the Judge won't hear the Motion to Dismiss until Mediation is over, or maybe it was simply adjourned, with an order to follow.
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