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HomeMy WebLinkAboutHrg Ntc-ADR Services 2-15-23NOTICE OF MEDIATION February 15, 2023 SEE ATTACHED SERVICE LIST RE: LANGLEY, et al. v. CITY OF SAN LUIS OBISPO ADRS Case No. 23-0934-CMW 915 Wilshire Boulevard, Suite 1900 Los Angeles, California 90017 www.adrservices.com Dear Counsel: Please take notice that the Mediation Hearing for the above-referenced matter has been scheduled as follows: DATE: Monday, April 24, 2023 TIME: 10:00 a.m. - 6:00 p.m. Link: https://adrservices.zoom.us/j/89632294440?pwd=OHFsdXpjNUN2MEJHaVdnZVlYeUN5QT09 Dial-in Number: +1 669 444 9171 (if dialing in by phone and not by computer) Meeting ID: 896 3229 4440 (if dialing in by phone and not by computer) Passcode: 064826 NEUTRAL: Hon. Carla Woehrle Brief/Document Submissions: The parties are invited to submit briefs and documents 7 business days prior to the Mediation Hearing. Such briefs should include a concise statement of the facts, review of contentions and law, description of settlement posture, plus anything else counsel deems relevant to the facilitation of a settlement. Please submit briefs to Hon. Carla M. Woehrle at:judgewoehrle@adrservices.com Please also submit briefs to the case manager(s) at:janet@adrservices.com haward@adrservices.com Payment: An Invoice for Judge Woehrle’s services will be sent separately via email. Payment is due in advance and must be received by the close of business on March 2, 2023. Cancellation/Continuance: Please also find enclosed Hon. Carla M. Woehrle's Fee Schedule and Cancellation/Rescheduling Policy. Please note that the allocation of a full day or less requires cancellation/rescheduling notice of fifteen days (15) or more. Notice of Cancellation/Rescheduling must be submitted to our offices in writing by April 7, 2023, otherwise the party requesting the change will be responsible for the full fees for the time allocated. Contact us promptly with any questions or concerns you may have. Thank you for the opportunity to handle this matter and for your courtesy and cooperation. Sincerely, Janet Solis Assistant Case Manager cc: Hon. Carla Woehrle Enclosures Century City • Los Angeles • San Francisco • Oakland • San Jose • Orange County • San Diego Service List RE: LANGLEY, et al. v. CITY OF SAN LUIS OBISPO ADRS Case No. 23-0934-CMW COUNSEL REPRESENTING Michael Rawson, Esq., Lauren Hansen, Esq., Melissa Morris, Esq. PUBLIC INTEREST LAW PROJECT 449 15th Street, Suite 301 Oakland, California 94612 mrawson@pilpca.org, lhansen@pilpca.org, mmorris@pilpca.org (510) 891-9794, (510) 891-9794, (510) 891-9794 Representing Plaintiff, Hope's Village of SLO, Pamela Langley, Renee Askew, Aaron Stinnet, Edward Marquez, Christina Malmen Babak Naficy, Esq. LAW OFFICE OF BABAK NAFICY 1124 Nipomo Street, Suite C San Luis Obispo, California 93401 babaknaficy@naficylaw.com (805) 593-0926 Representing Plaintiff, Hope's Village of SLO, Pamela Langley, Renee Askew, Aaron Stinnet, Edward Marquez, Christina Malmen Ilene Jacobs, Esq. CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 511 "D" Street Marysville, California 95901 ijacobs@crla.org (530) 742-5191 Representing Plaintiff, Hope's Village of SLO, Pamela Langley, Renee Askew, Aaron Stinnet, Edward Marquez, Christina Malmen Joshua George, Esq., Michelle Gearhart, Esq. ADAMSKI MOROSKI MADDEN CUMBERLAND & GREEN LLP Post Office Box 3835 San Luis Obispo, California 93403-3835 george@ammglaw.com, gearhart@ammcglaw.com (805) 543-0990, (805) 543-0990 Representing Defendant, City of San Luis Obispo Date: Feb. 15, 2023 Century City • Los Angeles • San Francisco • Oakland • San Jose • Orange County • San Diego HON. CARLA M. WOEHRLE Fee Schedule Neutrals’ rates are subject to change by written notice to counsel and shall apply to all services rendered after such notice is given. Effective September 1, 2022 Judge Woehrle is an independent contractor and sets his own rates. Each party will be assigned a prorated share of the fees, unless agreed to otherwise in advance of scheduling a hearing. The hourly fee for the estimated and scheduled hearing time shall be paid in advance of the hearing date. Please note that counsel, not the represented party, has contracted for the neutral’s services. Accordingly, counsel will be held responsible for payment of all charges associated with the neutral’s services in this matter. HEARING FEES Arbitration, Discovery & Judicial Reference, Private Trial, Special Master, and Appraisal Hourly Rate* $850 *In addition to Administrative Fees listed below Mediation, Early Neutral Evaluation, and Consultation Half Day Rate* $4,250 Full Day Rate* $8,500 Includes up to 4 hours of hearing time on the scheduled day and up to 1† hour of preparation time Includes up to 8 hours of hearing time on the scheduled day and up to 2† hours of preparation time * In addition to Administrative Fees listed below. If the neutral expends additional time, the parties will be billed accordingly. Fees for unused time will not be refunded. †Preparation time increases with participation of 3 or more parties ADMINISTRATIVE FEES For mediations, ADR Services, Inc.’s Non-Refundable Administrative Fee is assessed once a hearing has been scheduled in the case. For all other matters, including arbitrations, references, private trials, special masters and appraisals, ADR Services, Inc.’s Non-Refundable Administrate Fee is assessed when the matter is first initiated. Each party is responsible for this fee, even in the event of a timely cancellation. The fee includes, but is not limited to, access to an exclusive panel of ADR professionals, use of our bespoke case management software service, ADRS Case Management System, document handling, dedicated case management services throughout the duration of the case, and use of our conference rooms and business facilities. MEDIATION ………………………………………………………………………………............. $350.00 per party ARBITRATION …………………………………………………………………………………….. $750.00 per party DISCOVERY & JUDICIAL REFERENCE ………………………………………………………... $750.00 per party PRIVATE TRIAL ………………………………………………………………………….............. $750.00 per party SPECIAL MASTER / APPRAISALS ………………………………………………………………. $750.00 per party EARLY NEUTRAL EVALUATION / CONSULTATION ………………………………............... $350.00 per party INITIAL FILING FEE (Demand for Arbitration) …………………………………………………... $450.00 HON. CARLA M. WOEHRLE Fee Schedule Neutrals’ rates are subject to change by written notice to counsel and shall apply to all services rendered after such notice is given. Effective September 1, 2022 CANCELLATION AND RESCHEDULING POLICY Notice of cancellation or rescheduling must be submitted to our office in writing with all counsel copied. Fees will be billed to the requesting party unless otherwise agreed upon. Half Day Hearing (4 hours or less) Full Day Hearing Multi Day Hearings* Notice of 14 days or less Full Payment Required Full Payment Required Full Payment Required Notice of 15 – 30 days $0 $0 Full Payment Required Notice of 31 days or more $0 $0 $0 *Please note that all fees for multiple day hearings are due 60 days in advance. We are happy to assist counsel with rescheduling a hearing. If appropriate notice is given, there is no continuance fee for the first rescheduling. For the second rescheduling and thereafter, if appropriate notice is provided, a $100 continuance fee is billed per change. Century City Los Angeles San Francisco Silicon Valley Oakland Orange County San Diego San Diego ZOOM REGISTRATION FORM Dear Counsel, I am looking forward to working with you on your upcoming Zoom hearing. My contact information is as follows: Cell Phone Number: ( Email Address: judgewoehrle@adrservices.com Please complete the following information: Case Name/Number: Hearing Date: Your Name: Your Cell Phone Number: Who Should be Included in Your Breakout Room? Please send your completed form back to me at least two (2) days prior to your hearing. For your convenience, we have also attached our Virtual Dispute Resolution Pre- Hearing Checklist. If you need any Zoom assistance during this session, please contact a member of our Zoom Task Force at zoom@adrservices.com. Sincerely, Hon. Carla Woehrle GUIDELINES After you enter the Meeting Password, you will enter a virtual ‘Waiting Room’. The host of the meeting will admit you to the online hearing from the Waiting Room. Laptop or desktop computer with the following features: Zoom also has a mobile app, which you are able to use from your smartphone, iPad, or tablet in place of a computer. A strong, secured internet connection. We encourage you to use a hardwired connection over wi-fi whenever possible. Web camera Microphone Headphones (optional to reduce background noise) The most up to date version of Zoom (Download Here: https://zoom.us/download) PRIOR TO YOUR HEARING Prior to your hearing, you will receive a Zoom hearing confirmation from our office via email, which will contain a Meeting Link, your Meeting ID, and the Meeting Password. MAINTAINING CONFIDENTIALITY In order to maintain the confidentiality of your hearings, we ask that you please adhere to the following guidelines: TECHNICAL REQUIREMENTS Our online hearings are hosted via Zoom, a secure cloud- based video conferencing software. To participate in a virtual mediation, you will need access to the following equipment: At ADR Services, Inc., it is our goal to meet the needs of our clients and truly serve as Your Partner in Resolution. With this in mind, we have prepared these Virtual Dispute Resolution Guidelines to help you navigate through the process of participating in a mediation, arbitration or discovery hearing online. Please make sure that you are not in a public space, i.e. Starbucks. Make sure you are in an enclosed, private room where outside parties cannot hear you. Do not have third parties present during the video conference. Use a secured internet connection (do not use a public wi-fi network). Recording the hearing is prohibited. Please click on the Meeting Link a few minutes prior to your hearing. You may be prompted to download the Zoom Meetings application on your computer. If you are using your telephone for audio, you will be prompted to enter your Participant ID. VIRTUAL DISPUTE RESOLUTION While it is encouraged that you participate in these virtual hearings via video conferencing, you may also participate telephonically. In this case you will simply need access to a telephone. Meeting participants will have the ability to share their screen. With this capability, you can share PowerPoints, Word documents, photographs, exhibits, or anything else that may be on your screen. SCREENSHARING AND OTHER CAPABILITIES WHAT TO DO IN CASE OF TECHNICAL DIFFICULTY ADR Services, Inc. has assembled a Zoom Task Force consisting of over 30 members of our staff who are proficient with the technology and are on hand to provide support. First, check that you have the most current version of Zoom (Download Here: https://zoom.us/download) Next, try to log back in to the meeting using the same Meeting ID and Meeting Password that were initially provided to you. If you are unable to log in, please contact our Zoom Task Force at zoom@adrservices.com and provide us with the best contact number to reach you. A member of our team will reach out to you immediately to assist. In the meantime while our team is assisting you, please contact your mediator or arbitrator to let them know that you are no longer in the meeting. If you experience technical difficulty or lose your connection to the hearing: BREAK-OUT ROOMS For mediations, each party and their counsel will be placed into a separate virtual break-out room, similar to being placed into private conference rooms for in-person hearings. When you are in your break-out room, you will not be able to hear or see the other parties, and they will not be able to see or hear you. Your mediator will periodically join your break-out room to speak with your party. If he or she is with the other party in their break-out room, you will be on standby. To get your mediator's attention, you can use the "ask for help" button. PLEASE REVIEW THE VIRTUAL DISPUTE RESOLUTION CHECKLIST ON THE FOLLOWING PAGE CHECKLIST Do not have third parties present during the video conference. Use a secured internet connection (do not use a public wi-fi network). We encourage you to use a hardwired connection over wi-fi whenever possible. ADR Services, Inc. has developed this pre-hearing checklist to help ensure a smooth and effectual experience for you and your clients. EXCHANGE CONTACT INFORMATION VIRTUAL DISPUTE RESOLUTION Name Cell phone number Email address Role (i.e. attorney, represented party, insurance carrier representative, etc.) Provide a list of contact information for each person in your party to the neutral. This is helpful in case a participant loses access to the meeting. Please include the following information: Ask the neutral to share his or her contact information with you as well. TEST YOUR ZOOM CAPABILITY Download the latest version of the Zoom application to your computer, tablet, or smartphone prior to your meeting. (Download Here: https://zoom.us/download) Test your computer’s capability to use Zoom prior to your meeting. To do so, join a Test Meeting at https://www.zoom.us/test. You will then be able to test your internet connectivity, lighting, sound, and video. Make sure that you have a suitable backdrop and lighting. Ask each person in your party to also test their Zoom capability by following the above steps. PRIVACY AND CONFIDENTIALITY Select a suitable location. Make sure you are in an enclosed, private room free from distractions. SHARING DOCUMENTS Send your mediation briefs to the mediator by the date designated in your Hearing Notice. Determine which documents, if any, you intend to share on screen during the hearing. For ease of access, have those documents already open on your computer when you begin your meeting. BEST PRACTICES Confirm that all meeting participants have blocked off time and are fully prepared to participate in the meeting.1 In order to share confidentiality or settlement agreements, participants can use a scanning app on their smartphones in place of a scanner or DocuSign.2 Let the neutral know in advance who should be in your break-out room.3 Make sure to always look at the camera to create rapport with the neutral and your clients.4 So that all participants can be admitted quickly, please ensure that your Display Name correctly identifies you. Directions for updating your Zoom Display Name can be accessed HERE.