Block v. Sunrise Food Market, Inc. et al

Filing 15

STIPULATION and ORDER to: Set Aside 11 Clerk's Entry of Default; SET RESPONSIVE PLEADING DEADLINE and CONTINUE SCHEDULING CONFERENCE, signed by Magistrate Judge Erica P. Grosjean on 7/26/17. Scheduling Conference set for 10/17/2017 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Gonzalez, R)

Download PDF
1 2 3 4 5 6 KEITH M. WHITE #188536 COLEMAN & HOROWITT, LLP Attorneys at Law 499 West Shaw, Suite 116 Fresno, California 93704 Telephone: (559) 248-4820 Facsimile: (559) 248-4830 Attorneys for Defendant, METACJ, INC., dba SUNRISE FOOD MARKET 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 HENDRIK BLOCK 11 Plaintiffs, STIPULATION AND ORDER TO: 12 13 14 15 Case No. 1:17-CV-00189-AWI-EPG v. 1. SET ASIDE DEFAULT 2. SET RESPONSIVE PLEADING DEADLINE; and 3. CONTINUE SCHEDULING CONFERENCE SUNRISE FOOD MARKET, INC., dba SUNRISE FOOD MARKET; MOHAMED SALEH ALHOMEDI; METACJ, INC., dba SUNRISE FOOD MARKET Defendants. 16 17 18 Defendant, METACJ, INC., dba SUNRISE FOOD MARKET (“Defendant”) and 19 Plaintiff HENDRIK BLOCK (“Plaintiff”), by and through their undersigned counsel, hereby 20 agree and stipulate as follows: WHEREAS, Plaintiff filed a Complaint in the above-entitled court on February 10, 21 22 2017; 23 WHEREAS, Defendant was served with the Complaint on March 11, 2017; 24 WHEREAS, Defendant believed that because it did not own the subject property at the 25 time of the incidents alleged in the Complaint, and that the former owners would be responsible 26 to Plaintiff, it did not need to file a responsive pleading; 27 /// 28 /// 1 STIPULATION AND [PROPOSED] ORDER TO SET ASIDE DEFAULT; SET RESPONSIVE PLEADING DEADLINE; AND CONTINUE SCHEDULING CONFERENCE 1 WHEREAS, Plaintiff filed a Request for Entry of Default as to Defendant on May 10, 2 2017. The Clerk’s Entry of Default against Defendant was entered on May 11, 2017 (ECF 3 Document 11); 4 WHEREAS, once Defendant retained counsel, it promptly contacted Plaintiff’s counsel 5 and asked that the default be set aside, a responsive deadline be set, and the scheduling 6 conference continued; 7 WHEREAS, neither party will be prejudiced by the setting aside of the default; 8 WHEREAS, counsel for the parties herein have worked together in resolving similar 9 lawsuits in the past and are likely to informally resolve the present dispute if allowed the time 10 to do so; 11 WHEREAS, this matter arises out of Plaintiff’s claims that Defendant denied him full 12 and equal access to the subject property on account of his disability in violation of Title III of 13 the Americans with Disabilities Act and parallel California law. To assess Plaintiff’s claims 14 and in an effort to reach a full resolution of those claims, Defendant has retained a Certified 15 Access Specialist to inspect the subject property and the inspection is scheduled for the week of 16 July 24, 2017; 17 18 WHEREAS, the Court has set a Continued Initial Scheduling Conference for August 9, 2017; 19 WHEREAS, Plaintiff and Defendant have agreed, subject to the Court’s approval, to set 20 aside the default, set a responsive pleading deadline, and continue the scheduling conference in 21 order to allow time for the parties to explore settlement and resolve Plaintiff’s claims on the 22 merits if needed rather than by default; 23 24 THEREFORE, in consideration of the foregoing recitals and subject to the Court’s approval, Plaintiff and Defendant hereby stipulate as follows: 25 1. Defendant’s default be set aside; 26 2. Defendant have to and including September 15, 2017 file its responsive 27 pleading; and 28 2 STIPULATION AND [PROPOSED] ORDER TO SET ASIDE DEFAULT; SET RESPONSIVE PLEADING DEADLINE; AND CONTINUE SCHEDULING CONFERENCE 1 2 3. The Initial Scheduling Conference be continued for at least 60 days from its currently set date of August 9, 2017, at the Court’s convenience. 3 4 Dated: July 25, 2017 5 By: /s/ Zachary M. Best ZACHARY M. BEST Attorneys for Plaintiff, HENDRIK BLOCK 6 7 8 MISSION LAW FIRM, A.P.C. Dated: July 25, 2017 COLEMAN & HOROWITT, LLP 9 10 By: 11 12 /s/ Keith M. White KEITH M. WHITE Attorneys for Defendant, METACJ, INC., dba SUNRISE FOOD MARKET ORDER 13 14 Pursuant to stipulation, and for good cause shown, 15 IT IS HEREBY ORDERED as follows: 16 1. 17 18 19 20 The default entered against Defendant Metacj, Inc. dba Sunrise Food Market (ECF Document 11) is set aside; 2. Defendant has to and including September 15, 2017 to file its responsive pleading; and 3. The Initial Scheduling Conference is set for October 17, 2017 at 10:00 AM in 21 courtroom 10. The parties are to file their Joint Scheduling Report no less than seven days 22 prior to the conference. The Court grants telephonic appearances, with each party directed to 23 use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. 24 IT IS SO ORDERED. 25 26 Dated: July 26, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 27 28 3 STIPULATION AND [PROPOSED] ORDER TO SET ASIDE DEFAULT; SET RESPONSIVE PLEADING DEADLINE; AND CONTINUE SCHEDULING CONFERENCE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?