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)

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KEITH M. WHITE #188536
COLEMAN & HOROWITT, LLP
Attorneys at Law
499 West Shaw, Suite 116
Fresno, California 93704
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant,
METACJ, INC., dba SUNRISE FOOD MARKET

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HENDRIK BLOCK

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Plaintiffs,
STIPULATION AND ORDER TO:

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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.

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Defendant, METACJ, INC., dba SUNRISE FOOD MARKET (“Defendant”) and

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Plaintiff HENDRIK BLOCK (“Plaintiff”), by and through their undersigned counsel, hereby

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agree and stipulate as follows:
WHEREAS, Plaintiff filed a Complaint in the above-entitled court on February 10,

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2017;

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WHEREAS, Defendant was served with the Complaint on March 11, 2017;

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WHEREAS, Defendant believed that because it did not own the subject property at the

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time of the incidents alleged in the Complaint, and that the former owners would be responsible

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to Plaintiff, it did not need to file a responsive pleading;

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STIPULATION AND [PROPOSED] ORDER TO SET ASIDE DEFAULT; SET RESPONSIVE PLEADING DEADLINE;
AND CONTINUE SCHEDULING CONFERENCE

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WHEREAS, Plaintiff filed a Request for Entry of Default as to Defendant on May 10,

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2017. The Clerk’s Entry of Default against Defendant was entered on May 11, 2017 (ECF

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Document 11);

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WHEREAS, once Defendant retained counsel, it promptly contacted Plaintiff’s counsel

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and asked that the default be set aside, a responsive deadline be set, and the scheduling

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conference continued;

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WHEREAS, neither party will be prejudiced by the setting aside of the default;

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WHEREAS, counsel for the parties herein have worked together in resolving similar

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lawsuits in the past and are likely to informally resolve the present dispute if allowed the time

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to do so;

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WHEREAS, this matter arises out of Plaintiff’s claims that Defendant denied him full

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and equal access to the subject property on account of his disability in violation of Title III of

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the Americans with Disabilities Act and parallel California law. To assess Plaintiff’s claims

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and in an effort to reach a full resolution of those claims, Defendant has retained a Certified

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Access Specialist to inspect the subject property and the inspection is scheduled for the week of

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July 24, 2017;

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WHEREAS, the Court has set a Continued Initial Scheduling Conference for August 9,
2017;

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WHEREAS, Plaintiff and Defendant have agreed, subject to the Court’s approval, to set

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aside the default, set a responsive pleading deadline, and continue the scheduling conference in

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order to allow time for the parties to explore settlement and resolve Plaintiff’s claims on the

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merits if needed rather than by default;

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THEREFORE, in consideration of the foregoing recitals and subject to the Court’s
approval, Plaintiff and Defendant hereby stipulate as follows:

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1.

Defendant’s default be set aside;

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2.

Defendant have to and including September 15, 2017 file its responsive

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pleading; and

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STIPULATION AND [PROPOSED] ORDER TO SET ASIDE DEFAULT; SET RESPONSIVE PLEADING DEADLINE;
AND CONTINUE SCHEDULING CONFERENCE

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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.

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Dated: July 25, 2017

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By: /s/ Zachary M. Best
ZACHARY M. BEST
Attorneys for Plaintiff, HENDRIK
BLOCK

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MISSION LAW FIRM, A.P.C.

Dated: July 25, 2017

COLEMAN & HOROWITT, LLP

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By:

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/s/ Keith M. White
KEITH M. WHITE
Attorneys for Defendant, METACJ, INC.,
dba SUNRISE FOOD MARKET

ORDER

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Pursuant to stipulation, and for good cause shown,

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IT IS HEREBY ORDERED as follows:

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1.

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The default entered against Defendant Metacj, Inc. dba Sunrise Food Market

(ECF Document 11) is set aside;
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Defendant has to and including September 15, 2017 to file its responsive

pleading; and
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The Initial Scheduling Conference is set for October 17, 2017 at 10:00 AM in

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courtroom 10. The parties are to file their Joint Scheduling Report no less than seven days

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prior to the conference. The Court grants telephonic appearances, with each party directed to

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use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453.

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IT IS SO ORDERED.

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Dated:

July 26, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER TO SET ASIDE DEFAULT; SET RESPONSIVE PLEADING DEADLINE;
AND CONTINUE SCHEDULING CONFERENCE