Riker v. Fox & Goose Public House et al

Filing 20

STIPULATION and ORDER signed by Judge John A. Mendez on 7/13/09 re 109 ORDERING that this case be reopened so that plaintiff may file the Consent Decree and Order, signed by all parties, for consideration by the Court. CASE REOPENED. (Duong, D)

PAUL L. REIN, Esq. (SBN 43053) CELIA MCGUINNESS, Esq. (SBN 159420) 2 LAW OFFICES OF PAUL L. REIN 200 Lakeside Drive, Suite A 3 Oakland, CA 94612 Telephone: [phone] Facsimile: 510/832-4787
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JULIE A. OSTIL, Esq. (SBN 215202) LAW OFFICE OF JULIE OSTIL 6 1989 Santa Rita Road, No. A-405 Pleasanton, CA 94566 7 Telephone: [phone] Facsimile: 925/999-9465
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Attorneys for Plaintiff JEAN RIKER

JOHN R. HALUCK, Esq. (SBN 90956) LAFOLLETTE, JOHNSON, DE HAAS, FESSLER & AMES 11 655 University Avenue, Suite 119 Sacramento, CA 95825 12 Telephone: [phone] Facsimile: 916/565-3704
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Attorneys for Defendants FOX & GOOSE PUBLIC HOUSE; A.C. DALTON, INC.; ALYSON DALTON; 15 FRED DAVID, as an individual and as TRUSTEE OF THE DAVID REVOCABLE 16 INTER VIVOS TRUST
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA JEAN RIKER, Plaintiff, v. STIPULATION AND ORDER TO REOPEN CASE TO CORRECT ADMINISTRATIVE ERROR CASE NO. 2:08-CV-02090 JAM/DAD Civil Rights

FOX & GOOSE PUBLIC HOUSE; A.C. DALTON, INC.; ALYSON 24 DALTON; FRED DAVID, as an individual and as TRUSTEE OF 25 THE DAVID REVOCABLE INTER VIVOS TRUST; and DOES 1-10, 26 inclusive,
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Defendants.

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PAUL L. REIN
200 L A K E S I D E D R ., S U I T E A O A K L A N D , C A 94612-3503 [phone]

S t ip u la tio n and [Proposed] Order to Reopen Case to Correct Administrative Error
CASE NO. 2:08-CV-02090 JAM/DAD
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Defendants FOX & GOOSE PUBLIC HOUSE; A.C. DALTON, INC.; ALYSON DALTON; FRED DAVID, as an individual and as TRUSTEE OF THE DAVID REVOCABLE INTER VIVOS TRUST, and plaintiff JEAN RIKER, by and through their respective counsel, hereby jointly stipulate and request the Court to reopen the case for the sole purpose of submitting the Consent Decree and [Proposed] Order for the Court's approval. This request is based on the following good cause: 1. 2. This case involves alleged denials of access to disabled plaintiff JEAN RIKER at the Fox & Goose Public House Restaurant. On April 7, 2009, all parties signed a Consent Decree and [Proposed] Order settling plaintiff's injunctive relief claims in this case, attached hereto as Exhibit 1. 3. Due to an administrative error, this Consent Decree and [Proposed] Order was never filed with the Court for its consideration and continued jurisdiction over enforcement of the settlement of plaintiff's injunctive relief. 4. On June 1, 2009, the parties reached agreement on plaintiff's remaining claims for damages and attorney fees by signature of the Mutual Settlement Agreement and Release of All Claims. 5. On June 4, 2009, unaware of the administrative error regarding the Consent Decree and [Proposed] Order, plaintiff's counsel signed a stipulated dismissal of the case. 6. On June 11, 2009, defendants filed the stipulated dismissal with the Court and on June 15, 2009, pursuant to the stipulation, the Court Clerk entered a Notice of Voluntary Dismissal. 7. The parties would not have stipulated to dismiss the case if they had been aware the Consent Decree had not been approved by the Court. Without a Consent Decree and Order regarding plaintiff's injunctive relief claims,
S t ip u la tio n and [Proposed] Order to Reopen Case to Correct Administrative Error
CASE NO. 2:08-CV-02090 JAM/DAD

PAUL L. REIN
200 L A K E S I D E D R ., S U I T E A O A K L A N D , C A 94612-3503 [phone]

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should enforcement claims arise in the future this Court would not have continuing jurisdiction to consider those issues, and plaintiff would be forced to file a new action. 8. Therefore, in the interest of conserving judicial resources and protecting all parties' agreement on the settlement of plaintiff's injunctive relief claims, the parties hereby jointly request that the Court reopen the case for the purpose of allowing plaintiff to correct the administrative error by filing the Consent Decree and [Proposed] Order for consideration by the Court.

Dated: ________, 2009

PAUL L. REIN CELIA McGUINNESS LAW OFFICES OF PAUL L. REIN JULIE OSTIL LAW OFFICE OF JULIE OSTIL

By: _____________________________ Attorneys for Plaintiff JEAN RIKER

Dated: ________, 2009

JOHN R. HALUCK LA FOLLETTE, JOHNSON, DE HASS, FESLER & JAMES

By: _____________________________ Attorneys for Defendants FOX & GOOSE PUBLIC HOUSE; A.C. DALTON, INC.; ALYSON DALTON; FRED DAVID, as an individual and as TRUSTEE OF THE DAVID REVOCABLE INTER VIVOS TRUST

PAUL L. REIN
200 L A K E S I D E D R ., S U I T E A O A K L A N D , C A 94612-3503 [phone]

S t ip u la tio n and [Proposed] Order to Reopen Case to Correct Administrative Error
CASE NO. 2:08-CV-02090 JAM/DAD

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ORDER Pursuant to stipulation, and for good cause shown, IT IS SO ORDERED, that this case be reopened so that plaintiff may file the Consent Decree and Order, signed by all parties, for consideration by the Court. Dated: July 13, 2009 /s/ John A. Mendez Honorable JOHN A. MENDEZ United States District Judge

PAUL L. REIN
200 L A K E S I D E D R ., S U I T E A O A K L A N D , C A 94612-3503 [phone]

S t ip u la tio n and [Proposed] Order to Reopen Case to Correct Administrative Error
CASE NO. 2:08-CV-02090 JAM/DAD

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