Mediation in Jane Miller Lawsuit, but No Settlement

ABSTRACT: While the parties involved in on-leave Human Resources Manager Jane Miller’s lawsuit alleging sexual harassment, age-based and sex-based discrimination and retaliation mediated with Judicial Arbitration and Mediation Services, Inc., in San Jose last Friday, 26 March 2010, a settlement was not reached. Next date is the Case Management Conference, April 2, 2010 at 8:45 A.M., Courtroom 4, Judge Larry Hayes presiding. “A Case management Conference (CMC) is part of the court procedure. It is a meeting between the judge and the parties (the Plaintiff and the Defendant). The lawyers representing the parties may also appear at the conference. A case management conference usually happens after a plaintiff begins a law suit, but before the trial. The meeting is not a trial and as such witnesses don't need to be present. The main purpose of the meeting is to try settling some or all of the issues in dispute before going to trial. If no settlement is achieved at the CMC, the matter will proceed to trial.” At the CMC, the Court may assign a trail date for within 3 to 5 months, jury or judge trail or a 90 hays hiatus, according the Jane Miller’s attorney, Michael Stamp. The City has expended a total of $84,407.33 as of October 2009 for legal fees in this case, according to the article, Mediation planned in sex-harassment suit, The Carmel Pine Cone, March 19, 2010, 11A. An ADDENDUM consisting of the Local Rules of Court, Superior Court of California, County of Monterey regarding Case Management Conferences and link is provided.

Case Information
Case Number GNM99513
Case Caption Miller, Jane Kingsley vs City of Carmel-by-the-Sea
Filing Date 6/17/2009
Case Type Civil: Monterey
Filing Type Complaint
Original Filing Date 6/17/2009

Case Management Conference 4/2/2010 08:45:00 Courtroom 04

ADDENDUM:
Superior Court of California, County of Monterey
Local Rules of Court
January 1, 2009

6.09 CASE MANAGEMENT CONFERENCES
a) Case Management Conferences may be set at a time and date different than that set forth in 6.03(f)(2) as determined by the Supervising Judge of the Civil Department.

b) At the Case Management Conference, counsel for each party and each selfrepresented party must appear personally or telephonically, must be familiar with the case, and must be prepared to discuss all matters contained in the Case Management Statements. Failure to attend or to participate effectively may result in appropriate sanctions.

c) At or before the Case Management Conference, the Court may determine the appropriate jurisdictional level and/or take any of the following actions:
1. Determine the potential complexity and/or length of the matter and assign it to a CASE CATEGORY;

2. Refer the matter to arbitration, voluntary settlement conference, private mediation, court-directed mediation, or other alternative dispute resolution procedure;

3. Order that the rules for Economic Litigation shall apply, CCP 90 and 91;

4. Assign the case to a particular judge for all purposes;

5. Make orders establishing discovery schedules including but not limited to a discovery cut-off, exchange of expert witness information, and a schedule for completion of expert depositions;

6. Set the matter for mandatory settlement conference as provided in these rules;

7. Assign a trial date;

8. Make appropriate Trial Management Orders in accordance with these rules; and/or

9. Make any other orders to achieve the interests of justice and the timely disposition of the case.

d) If it appears for good cause that the matter will not be ready for trial within 3 to 5 months of the Case Management Conference, the Court shall set additional Case Management or Status Conferences as necessary.

e) Failure to file a Case Management Statement, appear at the Case Management Conference, or participate effectively at the Case Management Conference may result in appropriate sanctions. (Adopted effective October 1, 1998; Amended effective January 1, 2003; Amended effective January 1, 2007)

(Source: Superior Court of California In and for County of Monterey, Local Rules of Court, January 1, 2009, page 93)