Michael Fernandes v. McDonald's Corporation

Filing 8

ORDER continuing scheduling conference. Scheduling Conference currently set for 2/2/2010 is continued to 5/25/2010 at 09:15 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Parties are to file their joint scheduling report one full week prior to the conference. Order signed by Magistrate Judge Dennis L. Beck on 1/13/2010. (Timken, A)

THOMAS N. STEWART, III - #88128 AT T O R N E Y AT LAW 3 6 9 BLUE OAK LANE, 2 nd FLOOR C L AY T O N , CA 94517 T E L E P H O N E [phone] T E L E F AX [phone] Atto rn e ys for Michael Fernandes

U N IT E D STATES DISTRICT COURT E AST E R N DISTRICT OF CALIFORNIA

M IC H AE L FERNANDES,

C ase No. CV 09-1914-AWI-DLB P L AIN T IFF 'S REQUEST TO CONTINUE THE S C H E D U L IN G CONFERENCE; ORDER F e b ru ary 2, 2010 9 :1 5 a.m. C o u rtro o m #9 (5 th Floor) U.S. Magistrate Judge Dennis L. Beck

P lain tiff, v. M C DONALD'S CORPORATION, JAY HAZARI, D e fe n d an t. __________________________________/

Plaintiff requests a continuance of the currently set Scheduling Conference for the fo llo w in g reasons: T h is is an ADA case. Plaintiff is a disabled wheelchair user who patronized a M c D o n ald 's restaurant in Oakdale and encountered barriers. B e n jam in Glickman, lawyer for McDonald's Corporation, signed a Waiver of Summons an d requested Plaintiff to amend the Complaint to add Jay Hazari, the tenant. As an ac c o m m o d atio n to McDonald's, Plaintiff filed an Amended Complaint and mailed it to Mr. H az ari. In response, James Rushford, Mr. Hazari's lawyer, claims that Mr. Hazari's corporation "N AK C Inc." is the proper party, and has demanded that the Complaint be amended to dismiss C V 09-1914-AWI-DLB

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Mr. Hazari and add NAKC Inc. P lain tiff doesn't have the underlying documents and does not know who the proper te n an t is. It appears that if this case is litigated, Plaintiff will need to do some further in ve stigatio n and probably file a motion to further amend the complaint. H O W E V E R , all parties are cooperatively working toward settlement. Plaintiff has hired K im Blackseth, a well-known ADA Expert, who has been hired in other cases by both Defense atto rn e ys. An inspection of the property by Mr. Blackseth is set for January 26, 2010. Typically, M r. Blackseth issues his Reports three weeks after an inspection. But because of Mr. Blackseth's p lan n e d vacation, the Report will not be expected until March 12, 2010. As soon as Plaintiff's c o u n se l receives the Blackseth Report, he will e-mail it to each defense counsel. The Defendants w ill likely need at least until the end of March to consider the Blackseth Report and respond to it. P lain tiff's counsel has filed many ADA cases and has a good feel for how easy an ADA c ase is going to be to settle. In the judgment of Plaintiff's counsel, this case is likely to settle in its entirety within 45 days of his receipt of the Blackseth Report. As such, the legal work that P lain tiff's counsel will otherwise be required to perform in connection with the pleadings and the S c h e d u lin g Conference will likely have no effect other than to increase attorneys' fees. T h e re fo re , Plaintiff asks the Court to continue the Scheduling Conference to mid-May 2 0 1 0 . This will give the parties time to attempt to settle, and if not, to file a helpful Scheduling R e p o rt . Jan u ary 12, 2010 S /T h o m as N. Stewart, III Atto rn e y for Plaintiff

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ORDER B ase d on the above, the Court hereby continues the Scheduling Conference to May 25, 2010 at 9:15 am with the Joint Scheduling Report due one full week prior thereto.

IT IS SO ORDERED. Dated:

January 13, 2010

3b142a

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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