Villegas v. KC Prop, LLC et al

Filing 32

STIPULATION and ORDER as follows: 1) The deadline to submit Settlement Conference Statements is continued to March 26, 2019; 2) The Settlement Conference is continued to April 4, 2019, at 1:00 p.m. before Magistrate Judge Erica P. Grosjean; and 3) The deadline to serve currently outstanding discovery responses is extended to February 11, 2019. Order signed by Magistrate Judge Erica P. Grosjean on 1/24/2019. (Rooney, M)

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SEYFARTH SHAW LLP
Kristina M. Launey (SBN 221335)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone: [phone]
Facsimile: [phone]
SEYFARTH SHAW LLP
Myra B. Villamor (SBN 232912)
[e-mail]
2029 Century Park East, Suite 3500
Los Angeles, California 90067-3021
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
STARBUCKS CORPORATION

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUIS VILLEGAS,
Plaintiff,

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v.
KC PROP, LLC, a California Limited
Liability Company; STARBUCKS
CORPORATION, a Washington
Corporation; and DOES 1-10,
Defendants.

Case No. 1:18-CV-00274-SKO
JOINT REQUEST AND
STIPULATION AND ORDER
REGARDING SETTLEMENT
CONFERENCE DEADLINES AND
DISCOVERY STAY
Date Action Filed: February 23, 2018
Settlement Conf.: February 14, 2019
Pretrial Conf.:
August 14, 2019
Trial:
October 8, 2019

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JOINT REQUEST AND STIPULATION AND ORDER RE. SETTLEMENT CONFERENCE AND DISCOVERY STAY

Plaintiff Luis Villegas (“Plaintiff”) and Defendant Starbucks Corporation

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(“Defendant”), by and through their respective counsel of record, hereby agree to the

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following:
WHEREAS, Plaintiff alleged in his Complaint that there are two specific barriers

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to his access in violation of Title III of the Americans with Disabilities Act (“ADA”) and

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related state law at 33300 Bernard Drive, Kettleman, California (“Property”), which is

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leased by Defendant (Dkt. 1);

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WHEREAS, Defendant contends that it has remediated one of the two alleged

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barriers to access, leaving only one alleged ADA violation at issue: The failure to provide

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a 36” length of accessible sales counter surface that is free from obstructions (Dkt. 1;

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¶25);
WHEREAS, Defendant maintains that under the 2010 ADA Standards (“ADAS”)

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904.4.1 (36 C.F.R. § Pt. 1191, App. D) Exception (the “904.4.1 Exception”)1 a public

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accommodation is permitted to provide less than 36” of sales counter space for use by

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customers where the entire counter is at an accessible height;
WHEREAS, in Johnson v. Starbucks, Case No. 17-cv-02454-WHA, currently

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pending in the Northern District of California, the United States Department of Justice

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(“DOJ”) has accepted the Court’s invitation to file an Amicus Brief regarding the proper

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interpretation the 904.4.1 Exception. (A copy of the Court’s invitation to file an Amicus

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Brief in Johnson v. Starbucks and the DOJ’s acceptance of the invitation are attached as

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Exhibits A and B, respectively.);
WHEREAS, an agency’s informal interpretations and amicus arguments regarding

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its own regulations are entitled to deference. See Auer v. Robbins, 519 U.S. 452, 461

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(1997) (holding that the DOL’s amicus interpretation of its own regulation was entitled to

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deference);

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The Exception states: (“Where the provided counter surface is less than 36 inches (915
mm) long, the entire counter surface shall be 36 inches (915 mm) high maximum above
the finish floor.”)
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JOINT REQUEST AND STIPULATION AND ORDER RE. SETTLEMENT CONFERENCE AND DISCOVERY STAY

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WHEREAS, the DOJ’s interpretation of the 904.4.1 Exception is highly relevant to

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the Court’s evaluation of Plaintiff’s claims against Defendant, and will impact the

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Parties’ assessment of the value of the case, the preparation of their Settlement

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Conference Statements, and their positions at the Settlement Conference;
WHEREAS, the DOJ anticipates filing the Amicus Brief by February 11, 2019

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(see Exhibit B);
WHEREAS, the Parties’ Settlement Conference Statements are currently due on

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February 8, 2019;
WHEREAS, a Settlement Conference in this matter is scheduled for February 14,

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2019; and
WHEREAS, the Parties agree that the chances of a productive Settlement

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Conference will be significantly improved if the Parties have the opportunity to consider

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the DOJ’s interpretation of the 904.4.1 Exception in the anticipated Amicus Brief to be

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filed in Johnson v. Starbucks; and
WHEREAS, the Parties agree to stay discovery until the DOJ’s anticipated filing

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of the Amicus Brief on February 11, 2019 in order to avoid the unnecessary expenditure

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of time and resources.

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NOW, THEREFORE, the Parties hereby jointly request and stipulate that:

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1.

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February 19, 2019;
2.

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The Court continue the Settlement Conference to a date of the Court’s

choosing sometime after February 19, 2019; and
3.

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The deadline to submit Settlement Conference Statements be continued to

Discovery is stayed until February 11, 2019 and the deadline to serve

currently outstanding discovery responses be tolled until February 11, 2019.

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IT IS SO STIPULATED.

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Pursuant to Local Rule 131(e), counsel for Plaintiff has authorized submission of

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this document on his behalf.

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JOINT REQUEST AND STIPULATION AND ORDER RE. SETTLEMENT CONFERENCE AND DISCOVERY STAY

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DATED: January 22, 2019

SEYFARTH SHAW LLP

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By: /s/ Myra B. Villamor
Myra B. Villamor
Attorneys for Defendant
STARBUCKS CORPORATION

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DATED: January 22, 2019

CENTER FOR DISABILITY ACCESS

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By: /s/ Dennis Price
Dennis Price
Attorneys for Plaintiff
LUIS VILLEGAS

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JOINT REQUEST AND STIPULATION AND ORDER RE. SETTLEMENT CONFERENCE AND DISCOVERY STAY

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ORDER

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Pursuant to the stipulation of the parties (ECF No. 31), and finding good cause, IT

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IS ORDERED:

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1.

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The deadline to submit Settlement Conference Statements is continued to

March 26, 2019.

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2.

The Settlement Conference is continued to April 4, 2019, at 1:00 p.m.

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3.

The deadline to serve currently outstanding discovery responses is extended

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to February 11, 2019.

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IT IS SO ORDERED.

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Dated:

January 24, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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JOINT REQUEST AND STIPULATION AND ORDER RE. SETTLEMENT CONFERENCE AND DISCOVERY STAY

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