Jose Escobedo v. Modirzadeh et al

Filing 13

ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT. signed by Magistrate Judge Stanley A. Boone on 11/2/2015. (Hernandez, M)

WILLIAM H. LEIFER, #059650

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GILMORE MAGNESS LEIFER

2 P.O. Box 28907

Fresno, CA 93729-8907

3 Telephone: [phone]
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Facsimile: [phone]
Attorneys for Defendant Mahmood Modirzadeh

5 as Trustee of the Namaki Living Trust U/D/T
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dated June 27, 2002

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 JOSE ESCOBEDO,

CASE NO. 1:15-CV-01049-SAB

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THIRD STIPULATION TO EXTEND
TIME FOR DEFENDANTS TO RESPOND
TO COMPLAINT; ORDER

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Plaintiff,
v.

14 MAHMOOD MODIRZADEH, Trustee of the
NAMAKI LIVING TRUST U/D/T dated June

15 27, 2002; SALGADO’S FAMILY GROUP
dba LETY’S MEXICAN RESTAURANT;

16 MICHAEL ENG dba J&J WIRELESS;
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JOHNY SRYAVONG dba J&J WIRELESS,
Defendants.

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Plaintiff, Jose Escobedo (“Plaintiff”), through his attorney, Defendant Mahmood

21 Modirzadeh, Trustee of the Namaki Living Trust U/D/T dated June 27, 2002 (“Modirzadeh”),
22 through his attorney, and Defendants Salgado’s Family Group dba Lety’s Mexican Restaurant
23 (“Salgado”), Michael Eng dba J&J Wireless (“Eng”), and Johny Sryavong dba J&J Wireless
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GILMORE MAGNESS LEIFER
A PROFESSIONAL CORPORATION
P.O. BOX 28907
FRESNO, CA 93729-8907

(“Sryavong,” and together with Modirzadeh, Salgado and Eng, collectively “Defendants”), who
are presently not represented and specially appearing pro se for purposes of obtaining this
additional extension and continuance, hereby stipulate as follows:

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1.

This action arises out of Plaintiff’s claims that he is disabled, and that the property

owned and/or operated by Defendants was and is not fully accessible to him in violation of Title

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III of the Americans with Disabilities Act, 42 U.S.C. §§ 12181-12189, and parallel California
law. Plaintiff seeks an injunction requiring Defendants to make the property fully accessible to
him, as well as damages.
2.

Defendants’ responses to the complaint were initially due August 17, 2015, which

7 deadline was extended by stipulation to September 14, 2015 (Dkt. 9). A second extension was
8 granted to October 30, 2015.
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3.

The purpose of the initial extension was to permit Defendants time to obtain an

10 inspection of the property by a California Certified Access Specialist (“CASp”) and subsequent
11 report, to determine what, if any, barriers to access exist at the subject property and which report
12 could form the basis of a resolution of Plaintiff’s equitable claims.
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4.

Defendants represent that substantially all of Plaintiff’s requested modifications

14 have been completed or are almost completed, but there has been a delay in having the CASp
15 Specialist certify completion due to the Specialist having surgery. Defendants anticipate that such
16 information should be obtained by November 10, 2015, which will then allow the parties to
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complete their settlement discussions.
5.

A Scheduling Conference was previously set for October 13, 2015 which date was

continued to December 1, 2015. This requested extension will not affect the hearing date.
6.

The parties are optimistic that this matter will settle given Defendants’

representation that most of the work has been performed, and that it will therefore not be

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necessary for responsive pleadings to be filed. As such, the parties wish to conserve both the fees
expended as well as Court resources while they exhaust settlement efforts. At this time, the only
impediment to full settlement is having the CASp Specialist certify the work is done and
collecting the agreed on payments.
7.

For these reasons, the parties stipulate to continue the deadline to file responsive

26 pleadings to November 18, 2015.
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GILMORE MAGNESS LEIFER
A PROFESSIONAL CORPORATION
P.O. BOX 28907
FRESNO, CA 93729-8907

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1 IT IS SO STIPULATED.
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DATED: October 30, 2015

GILMORE MAGNESS LEIFER

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By: /s/ William H. Leifer
William H. Leifer
Attorneys for Defendant Mahmood Modirzadeh,
Trustee of the Namaki Livingn Trust U/D/T dated
June 27, 2002

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9 DATED: October 30, 2015
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MOORE LAW FIRM

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By: /s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff Jose Escobedo

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DATED: October 30, 2015

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SALGADO’S FAMILY GROUP dba LETY’S
MEXICAN RESTAURANT

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By: /s/ Raul Salgado
Specially Appearing for the Corporation for the
Limited Purpose of Securing an Extension and
Continuance

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DATED: October 30, 2015

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By: /s/ Michael Eng
Michael Eng dba J&J Wireless

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24 DATED: October 30, 2015
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By: /s/ Johny Sryavong
Johny Sryavong dba J&J Wireless

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

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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 all Defendants shall have to and including November

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18, 2015 within which to respond to Plaintiff’s complaint.

The Scheduling Conference shall

remain the same.

7 IT IS SO ORDERED.
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Dated:

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November 2, 2015
UNITED STATES MAGISTRATE JUDGE

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

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