Hopson v. Montanez et al

Filing 58

ORDER VACATING DATES AND MATTERS AND DIRECTING PARTIES TO FILE DISPOSITIONAL DOCUMENTS WITHIN NINETY DAYS. Signed by Magistrate Judge Stanley A. Boone on 3/14/2017. (Hernandez, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

CYNTHIA HOPSON,
Plaintiff,

12
13
14
15

Case No. 1:15-cv-00803-SAB
ORDER VACATING DATES AND
MATTERS AND DIRECTING PARTIES TO
FILE DISPOSITIONAL DOCUMENTS

v.
ELIASER MONTANEZ, et al.,

(ECF No. 56)

Defendants.

NINETY DAY DEADLINE

16
17

Plaintiff Cynthia Hopson filed this action on May 26, 2015, against Defendants Eliaser

18 Montanez, John Simon, and Rosemary Simon alleging violation of Title III of the Americans
19 with Disabilities Act of 1990; the Unruh Civil Rights Act; and the California Disabled Persons
20 Act. On September 19, 2016, Plaintiff filed a notice of settlement and the parties were provided
21 with forty-five days to file dispositive documents. On December 30, 2016, Plaintiff filed a
22 request to withdraw the notice of settlement.
23

On March 13, 2017, Plaintiff filed a second notice of settlement and is requesting until

24 January 15, 2018, to file the dispositional documents. The Court declines to grant the amount of
25 time requested because of the length of the case and the past history regarding the last proposed
26 settlement. Generally, the Court requires the parties to file dispositional documents within thirty
27 days from the notice of settlement. The Court will allow the parties ninety days in which to file
28 dispositional documents. If the parties are unable to complete their performance under the

1

1 settlement agreement, upon a showing of good cause, they may seek an extension of time.
2

Accordingly, it is HEREBY ORDERED that:

3

1.

All pending matters and dates in this action are VACATED; and

4

2.

The parties shall file dispositional documents within ninety days of the date of
service of this order.

5
6
7

IT IS SO ORDERED.

8 Dated:

March 14, 2017
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2