Arnold v. Hotel West et al

Filing 26

STIPULATION to Continue Deadlines and ORDER: Trial Date July 14, 2009, signed by Judge Oliver W. Wanger on 1/15/09. (Gil-Garcia, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ANTHONY GOLDSMITH - SBN 125621 LAW OFFICES OF ANTHONY E. GOLDSMITH Sepulveda Center 3415 South Sepulveda Blvd., Suite 100 Los Angeles, CA 90034 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorney for Plaintiff CONNIE ARNOLD KATHLEEN E. FINNERTY - SBN 157638 MARC B. KOENIGSBERG - SBN 204265 GREENBERG TRAURIG, LLP 1201 K Street, Suite 1100 Sacramento, CA 95814-3938 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Defendant HOTEL WEST I, LP

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

CONNIE ARNOLD, an individual,

) ) Plaintiff, ) ) v. ) ) HOTEL WEST I, LP, a Delaware limited ) ) partnership and DOES 1 through 10, ) inclusive, ) ) Defendants. ___________________________________ )

CASE NO. 1:08-CV-00026-OWW-GSA STIPULATION TO CONTINUE DEADLINES AND ORDER

TRIAL DATE: July 14, 2009

Plaintiff Connie Arnold and Defendant Hotel West I, LP, by and through their respective counsel, hereby jointly stipulate and request that the Court grant continuances of certain deadlines set out in this Court's Amended Scheduling Conference Order filed
Page 1 of 5 Case No 1:08-CV-00026-OWW-GSA STIPULATION TO CONTINUE DEADLINES AND [PROPOSED] ORDER
SAC 441,359,399v3 1-15-09

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

on June 12, 2008, as amended by the Court's December 15, 2008 Order, based on the good cause shown below. 1. On January 4, 2008, plaintiff filed an action seeking renovations to

defendant's hotel facility in Fresno, California to improve disabled access, as well as seeking damages and attorney's fees, litigation expenses, and costs. 2. On November 19, 2008, plaintiff conducted her Rule 34 inspection of the

property. On December 24, 2008, plaintiff provided her expert's informal report to defendant to facilitate settlement discussions with defendant. Defendant has been

working with its accessibility consultant in evaluating plaintiff's expert's informal report to which it will respond in the coming days. 3. Throughout this case, and even more so after plaintiff provided her

expert's informal report, the parties have been working cooperatively and diligently to resolve this case in its entirety by reaching a final agreement on the substance of the items to be included in a final Consent Decree and Order. 4. While the parties have been cooperating in good faith to resolve this

matter and appear to be close to doing so, pre-trial and trial deadlines loom, including the expert disclosure deadline on January 23, 2009. Obligating the parties to have their experts finalize their opinions and prepare reports at this time would significantly increase the cost of the case, without increasing the likelihood of settlement, which the parties are aggressively working towards while delaying more formal discovery procedures. The parties are also interested in continuing other subsequent deadlines to minimize the respective costs to the parties, and avoid the need for Court involvement in resolving this case. 5. The Court granted one previous stipulation by the parties on

December 15, 2008. The extra time allowed by the Court has permitted the parties to work further toward resolving this case. The parties believe this second request for additional time will result in a resolution and dismissal of this case.

Page 2 of 5 Case No 1:08-CV-00026-OWW-GSA STIPULATION TO CONTINUE DEADLINES AND [PROPOSED] ORDER
SAC 441,359,399v3 1-15-09

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

6.

The parties, therefore, jointly request that the Court grant the continuances

set out below to allow the parties an opportunity to bring this case to a close without further discovery or the assistance of the Court. This additional time will, in all

likelihood, obviate the need for further Court involvement, thereby saving the Court's time and resources. 7. Given the parties' optimism for settling this case if afforded more time to

reach an agreement, the parties request the date of the pre-trial conference on June 1, 2009, and the start of trial on July 14, 2009, be continued as well. NOW, THEREFORE, the parties stipulate to the following and request that the Court make the following changes to dates in the case:

Task Last day to disclose experts Last day to disclose rebuttal or supplemental experts Last day to complete all discovery Last day to submit confidential settlement conference statements Settlement Conference Last day to file nondispositive motions Last day to file dispositive motions Pre-trial Conference Trial

Current Date January 23, 2009 February 12, 2009

Requested Date March 6, 2009 March 27, 2009

March 30, 2009

May 8, 2009

March 20, 2009

April 30, 2009

March 25, 2009 March 30, 2009

May 5, 2009 May 8, 2009

April 13, 2009

May 19, 2009 July 13, 2009, or a date suitable for the Court August 24, 2009, or a date suitable for the Court

June 1, 2009 July 14, 2009

Page 3 of 5 Case No 1:08-CV-00026-OWW-GSA STIPULATION TO CONTINUE DEADLINES AND [PROPOSED] ORDER
SAC 441,359,399v3 1-15-09

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SO STIPULATED.

DATED: January 15, 2009

LAW OFFICES OF ANTHONY E. GOLDSMITH By: /s/ Anthony E. Goldsmith_______ ANTHONY E. GOLDSMITH Attorney for Plaintiff CONNIE ARNOLD

DATED: January 15, 2009

GREENBERG TRAURIG, LLP

By: /s/ Marc B. Koenigsberg KATHLEEN E. FINNERTY MARC B. KOENIGSBERG Attorney for Defendant HOTEL WEST I, LP

Page 4 of 5 Case No 1:08-CV-00026-OWW-GSA STIPULATION TO CONTINUE DEADLINES AND [PROPOSED] ORDER
SAC 441,359,399v3 1-15-09

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ORDER For good cause shown, the parties' stipulation is approved. The June 12, 2008 Amended Scheduling Conference Order, as amended by the Court's December 15, 2008 Order, is amended as follows with respect to dates in the action:

Task Last day to disclose experts Last day to disclose rebuttal or supplemental experts Last day to complete all discovery Last day to submit confidential settlement conference statements Settlement Conference Last day to file nondispositive motions Last day to file dispositive motions Pre-trial Conference Trial IT IS SO ORDERED. Dated: 1/15/2009

Current Date January 23, 2009 February 12, 2009

Requested Date March 6, 2009 March 27, 2009

March 30, 2009

May 8, 2009

March 20, 2009

April 30, 2009

March 25, 2009 March 30, 2009

May 5, 2009 May 8, 2009

April 13, 2009

May 19, 2009

June 1, 2009 July 14, 2009

July 13, 2009 August 25, 2009

__/s/ OLIVER W. WANGER__________________ Honorable Oliver W. Wanger United States District Court Judge

Page 5 of 5 Case No 1:08-CV-00026-OWW-GSA STIPULATION TO CONTINUE DEADLINES AND [PROPOSED] ORDER
SAC 441,359,399v3 1-15-09