Gutierrez v. La Tapatia Tortilleria, Inc., et al

Filing 13

SECOND STIPULATION and ORDER to CONTINUE MANDATORY SCHEDULING CONFERENCE. The Scheduling Conference currently set for 9/4/2014, is CONTINUED to 9/30/2014, at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties' joint scheduling report shall be filed at least one week prior to the continued scheduling conference. Order signed by Magistrate Judge Sheila K. Oberto on 8/26/2014. (Timken, A)

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James D. Burnside III #75977
DOWLING AARON INCORPORATED
8080 North Palm Avenue, Third Floor
P.O. Box 28902
Fresno, California 93729-8902
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendants LA TAPATIA TORTILLERIA, INC., a California corporation, dba
LA TAPATIA RETAIL STORE; HELEN CHAVEZ-HANSEN, Trustee of the HELEN
CHAVEZ-HANSEN LIVING TRUST

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Tanya E. Moore # 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Tel.: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff Natividad Gutierrez

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATIVIDAD GUTIERREZ,

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Plaintiff,

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vs.

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LA TAPATIA TORTILLERIA, INC., a
California corporation, dba LA TAPATIA
RETAIL STORE; HELEN CHAVEZHANSEN, Trustee of the HELEN CHAVEZHANSEN LIVING TRUST,

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Case No. 1:14-CV-00545-LJO-SKO
SECOND STIPULATION AND ORDER TO
CONTINUE MANDATORY SCHEDULING
CONFERENCE
DATE: September 4, 2014
TIME: 9:45 a.m.
CRTM: 7 (Sixth Floor)
SHEILA K. OBERTO
U.S. MAGISTRATE JUDGE

Defendants.

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SECOND STIPULATION AND [PROPOSED] ORDER
TO CONTINUE MANDATORY SCHEDULING CONFERENCE

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STIPULATION

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WHEREAS, Plaintiff in this action is pursuing remedies based on allegations of denial of

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right of access under the Americans with Disabilities Act. Plaintiff alleges that the La Tapatia

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Retail Store at 104 E. Belmont Avenue, Fresno, California fails to comply with legal

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requirements concerning wheelchair access.

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WHEREAS, the parties obtained a previous continuance of the Mandatory Scheduling
Conference from July 31, 2014 to September 4, 2014.

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WHEREAS, following an inspection on July 15, 2014 related to the wheelchair access

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issues at La Tapatia Retail Store, Plaintiff submitted to the Defendants a confidential settlement

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offer. To date the parties have succeeded in reaching a tentative agreement on injunctive relief.

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They continue to negotiate over monetary relief. So as to allow the parties sufficient time to

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complete their settlement negotiations, it is requested the Mandatory Scheduling Conference set

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for September 4, 2014 be continued to a date on or after September 30, 2014 at the Court’s

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convenience to allow the parties to fully exhaust all settlement efforts.

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NOW, THEREFORE, the parties, by and through their counsel of record, hereby stipulate

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to continue the Mandatory Scheduling Conference from September 4, 2014 to a date convenient

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to the Court after September 29, 2014.

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Dated:

August 25, 2014

DOWLING AARON INCORPORATED

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By:

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Dated:

August 25, 2014

/s/ James D. Burnside III
James D. Burnside III
Attorneys for Defendants LA TAPATIA
TORTILLERIA, INC., a California corporation,
dba LA TAPATIA RETAIL STORE and
HELEN CHAVEZ-HANSEN, Trustee of the
HELEN CHAVEZ-HANSEN LIVING TRUST
MOORE LAW FIRM

By:

/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff NATIVIDAD
GUTIERREZ

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SECOND STIPULATION AND [PROPOSED] ORDER
TO CONTINUE MANDATORY SCHEDULING CONFERENCE

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ORDER

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Upon reviewing the stipulation of counsel and good cause appearing,

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IT IS HEREBY ORDERED that the Mandatory Scheduling Conference is continued

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from September 4, 2014, at 9:45 a.m. to September 30, 2014, at 10:00 a.m. The parties’ Joint

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Scheduling Report shall be filed at least one week prior to the continued scheduling conference

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date.

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IT IS SO ORDERED.
Dated:

August 26, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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SECOND STIPULATION AND [PROPOSED] ORDER
TO CONTINUE MANDATORY SCHEDULING CONFERENCE