Green v. Ashlan Park Center, LLC et al

Filing 23

STIPULATION to Amend Scheduling Order; ORDER Thereon, signed by Magistrate Judge Michael J. Seng on 5/11/15. Amended Complaint due by 9/4/2015, Discovery due by 5/13/2016, Dispositive Motions filed by 6/24/2016, Non-Dispositive Motions file d by 5/13/2016, Jury Trial set for 9/27/2016 at 08:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, Pretrial Conference set for 8/19/2016 at 11:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. (Gonzalez, R)

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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Plaintiff
Lawrence Green

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE GREEN,

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Plaintiff,
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vs.
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ASHLAN PARK CENTER, LLC, a Delaware )
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limited liability company, et al.
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Defendants.
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Case No.: 1:14-CV-01824-MJS
STIPULATION TO AMEND
SCHEDULING ORDER;
ORDER THEREON

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Plaintiff, Lawrence Green (“Plaintiff”), and Defendants, Ashlan Park Center, LLC, a

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Delaware limited liability company; and Koroosh Zaghi dba Arby’s #5524 (“Defendants,” and

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together with Plaintiff, “the Parties”), together request that the Court amend the Scheduling

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Order as follows:

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WHEREAS, on March 24, 2015, the Court issued a Scheduling Order (Dkt. 20)
(“Scheduling Order”), which sets a deadline to amend the pleadings of May 22, 2015;

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WHEREAS, on April 1, 2015, Plaintiff properly noticed a site inspection of the subject

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Arby’s #5524 (“the Facility”) to take place on May 4, 2015, following attempts to coordinate

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the date of the inspection with Defendants;

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WHEREAS, on April 30, 2015 at approximately 5:00 p.m., Plaintiff was served via
STIPULATION TO AMEND SCHEDULING ORDER; [PROPOSED] ORDER
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email with an objection by the named tenant defendant, Koroosh Zaghi, on the basis that he

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was not the tenant at this location, and had no authority to permit the inspection because he

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does not own or operate the Facility. Instead, he advised that Little Rock Management, Inc. (of

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which he is a principal) is the tenant in control of the Facility. This was the first time that

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Plaintiff was advised that this entity was the proper tenant and operator of the Facility;

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WHEREAS, Plaintiff advised the landlord defendant, Ashlan Park Center, LLC, that it
was obligated to have ensured with the tenant that the site inspection would go forward;

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WHEREAS, Ashlan Park Center, LLC allowed the inspection to go forward as to the

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common areas of the shopping center and notified the principal of Little Rock Management,

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Koroosh Zaghi, on May 1, 2015 that an inspection was being requested of the interior of

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Arby’s on May 4, 2015. Ashlan Park Center, LLC did not believe that it had authority to allow

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an interior inspection of Arby’s absent the consent of the tenant but also indicated that it had no

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objection;

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WHEREAS, on May 4, 2015, an inspection was conducted by Plaintiff’s consultant of

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the exterior of the Facility, but he was denied access to the interior by Little Rock

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Management, Inc.’s onsite management staff;

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WHEREAS, Defendant Koroosh Zaghi asserts that as he is not the tenant or operator

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of the Facility and cannot provide consent to an inspection of the property, therefore no

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inspection can take place until Little Rock Management, Inc. is named;

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WHEREAS, Plaintiff contends he is unable to amend his complaint to include

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additional barriers to his full and equal access which may exist at the Facility, as Plaintiff

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asserts is urged and required by the Ninth Circuit (Chapman v. Pier 1 Imports (U.S.) Inc., 631

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F.3d 939, 944 (9th Cir. 2011); Oliver v. Ralphs Grocery Co., 654 F.3d 903, 909 (9th Cir.

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2011)), until his consultant is permitted to inspect the interior of the Facility;

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WHEREAS, counsel for Defendants have indicated that they will stipulate to the filing

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of an amended complaint which will solely add the newly discovered business owner, after

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which Plaintiff will need time to effect service of the amended complaint on the new

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defendant, re-notice and conduct his site inspection, and thereafter await his consultant’s report
STIPULATION TO AMEND SCHEDULING ORDER; [PROPOSED] ORDER
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and amend his complaint to add any additional barriers identified during the inspection of the

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Facility;

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WHEREAS, Ashlan Park Center, LLC contends that all readily achievable charges to
the common area parking have been completed. Plaintiff disagrees with this contention.

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NOW, THEREFORE, THE PARTIES, THROUGH THEIR RESPECTIVE

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COUNSEL, HEREBY STIPULATE AND AGREE to amend the Scheduling Order as

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follows:

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Event

Current Date

New Date

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Deadline to amend pleadings

May 22, 2015

September 4, 2015

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Non-expert discovery cutoff

October 23, 2015

February 5, 2016

Expert discovery cutoff

January 15, 2016

May 13, 2016

Expert disclosures

November 6, 2015

March 18, 2016

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Rebuttal expert disclosures

November 20, 2015

April 1, 2016

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Non-dispositive motion filing
deadline

January 15, 2016

May 13, 2016

Dispositive motion filing
deadline

February 19, 2016

June 24, 2016

Dispositive motion hearing

March 11, 2016

July 22, 2016

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Pretrial conference

April 15, 2016

August 19, 2016

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Jury Trial

May 24, 2016

September 27, 2016

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All other requirements set forth in the Scheduling Order relating to the above shall
remain unchanged.
IT IS SO STIPULATED.
Dated: May 7, 2015

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Lawrence Green
STIPULATION TO AMEND SCHEDULING ORDER; [PROPOSED] ORDER
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FORD, WALKER, HAGGERTY & BEHAR

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/s/ Tina I. Mangarpan
Tina I. Mangarpan
Attorneys for Defendant,
Ashlan Park Center, LLC

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THE METTIAS LAW FIRM

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/s/ Jimmy Philip Mettias
Jimmy Philip Mettias
Attorneys for Defendant,
Koroosh Zaghi dba Arby’s #5524

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STIPULATION TO AMEND SCHEDULING ORDER; [PROPOSED] ORDER
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ORDER

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The Parties having so stipulated and good cause appearing,

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IT IS HEREBY ORDERED that the Scheduling Order issued March 24, 2015 (Dkt. 20)

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is hereby amended as follows:

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Event

Current Date

New Date

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Last day to amend complaint

May 22, 2015

September 4, 2015

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Non-expert discovery cutoff

October 23, 2015

February 5, 2016

Expert discovery cutoff

January 15, 2016

May 13, 2016

Expert disclosures

November 6, 2015

March 18, 2016

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Rebuttal expert disclosures

November 20, 2015

April 1, 2016

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Non-dispositive motion filing
deadline

January 15, 2016

May 13, 2016

Dispositive motion filing
deadline

February 19, 2016

June 24, 2016

Dispositive motion hearing

March 11, 2016

July 22, 2016

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Pretrial conference

April 15, 2016

August 19, 2016

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Jury Trial

May 24, 2016

September 27, 2016

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All other requirements set forth in the Scheduling Order relating to the above shall
remain unchanged.

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IT IS SO ORDERED.

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Dated:

May 11, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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STIPULATION TO AMEND SCHEDULING ORDER; [PROPOSED] ORDER
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