Moore v. Taylor, et al.

Filing 11

STIPULATION to Extend Time for J&D Properties to Respond to Complaint and Continue the Scheduling Conference; ORDER - (1) Defendant J&D Properties shall have to and including June 1, 2015 within which to respond to Plaintiffs complaint. (2) The Initial Scheduling Conference set for May 19, 2015, is continued to Monday, July 20, 2015, at 9:00 a.m. before Judge McAuliffe in Courtroom 8 (BAM). signed by Magistrate Judge Barbara A. McAuliffe on 4/30/2015. (Herman, H)

1 DANIEL W. ROWLEY, #109408
[e-mail]
2 GILMORE MAGNESS LEIFER
P.O. Box 28907
3 Fresno, CA 93729-8907
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Defendants, J&D Properties, a
California General Partnership
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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11 RONALD MOORE,
Plaintiff,

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v.

14 JASON TAYLOR dba TAYLOR
REPTILE, J&D PROPERTIES, a
15 California general Partnership,

CASE NO. 1:15-CV-00300-AWI-BAM
STIPULATION TO EXTEND TIME
FOR J&D PROPERTIES TO
RESPOND TO COMPLAINT AND
CONTINUE THE SCHEDULING
CONFERENCE;
ORDER

Defendants.

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WHEREAS, the Complaint contains allegations of violations of the

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Americans with Disabilities Act (“ADA”) and related causes of action;
WHEREAS, the parties are attempting to resolve this matter without further

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GILMORE MAGNESS LEIFER
A PROFESSIONAL CORPORATION
P.O. BOX 28907
FRESNO, CA 93729-8907

litigation;
WHEREAS, the parties have previously stipulated, and the Court Ordered,
that Defendant J&D Properties (“Defendant”) shall have until May 1, 2015, to answer or
otherwise respond to the Plaintiff’s complaint so that Defendant could obtain a CASp
inspection of the real property at issue in this case (the “Property”) and, if necessary, bids
to correct things that are actually not in compliance with the ADA;
10926-0\00317156.000

1:15-CV-00300-AWI-BAM
STIPULATION TO EXTEND TIME FOR J&D PROPERTIES
TO RESPOND TO COMPLAINT AND CONTINUE THE
INITIAL SCHEDULING CONFERENCE; [PROPOSED]
ORDER

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WHEREAS, as of April 28, 2014, the report for the CASp inspection has not

2 yet been completed and, therefore, Defendant has not had the opportunity to obtain bids, if
3 necessary, for the work to bring the Property into compliance with the ADA;
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WHEREAS, the parties have agreed that Defendant may have until June 1,

5 2015, to answer or otherwise respond to the Plaintiff’s complaint;
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WHEREAS , additional time is also needed to engage in and, hopefully,

7 complete settlement discussions; and
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WHEREAS, the Initial Scheduling Conference is set for May 19, 2015, and

9 will need to be continued in order to allow the parties the opportunity to resolve the case
10 without further litigation,
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IT IS HEREBY STIPULATED by and between the parties through their

12 respective attorneys of record as follows:
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1.

Defendant shall have until June 1, 2015, to answer or otherwise

14 respond to the Plaintiff’s complaint.
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2.

The Initial Scheduling Conference be continued to a date at the

16 Court’s convenience after June 29, 2015.
17 DATED: April 28, 2015

GILMORE MAGNESS LEIFER

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By:

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s/s Daniel W. Rowley
Daniel W. Rowley
Attorneys for Defendants, J&D Properties, a
California general Partnership

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DATED: March 24, 2015

MOORE LAW FIRM

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By:

s/s Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff, Ronald Moore

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GILMORE MAGNESS LEIFER
A PROFESSIONAL CORPORATION
P.O. BOX 28907
FRESNO, CA 93729-8907

ORDER

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The parties having so stipulated and good cause appearing,

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IT IS HEREBY ORDERED that:

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1.

Defendant J&D Properties shall have to and including June 1, 2015

4 within which to respond to Plaintiff’s complaint.
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2.

The Initial Scheduling Conference set for May 19, 2015, is continued

6 to Monday, July 20, 2015, at 9:00 a.m. before Judge McAuliffe.
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8 IT IS SO ORDERED.
9 Dated:
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GILMORE MAGNESS LEIFER
A PROFESSIONAL CORPORATION
P.O. BOX 28907
FRESNO, CA 93729-8907

April 30, 2015

/s/ Barbara A. McAuliffe

UNITED STATES MAGISTRATE JUDGE