Chapman v. Starbucks Corporation et al

Filing 14

ORDER signed by Judge Garland E. Burrell, Jr. on 06/22/10 ORDERING that the rebuttal expert witness disclosure date as to Sycamore is CONTINUED to 07/31/10, and all remaining pretrial and trial dates in this matter are unchanged. (Benson, A.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

LYNN HUBBARD, III (SBN 69773) SCOTTLYNN J. HUBBARD, IV (SBN 212970) DISABLED ADVOCACY GROUP, APLC 12 Williamsburg Lane Chico, CA 95926 Telephone: [phone] Facsimile: [phone] [e-mail] Attorney for Plaintiff, BRYON CHAPMAN KATHLEEN E. FINNERTY (SBN 157638) GREENBERG TRAURIG, LLP 1201 K Street, Suite 1100 Sacramento, CA 95814-3938 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant, SYCAMORE PARTNERS, LLC UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

BRYON CHAPMAN, Plaintiff, v. STARBUCKS CORPORATION dba STARBUCKS COFFEE #5740; SYCAMORE PARTNERS, LLC, Defendants.

CASE NO.: 2:09-CV-02526-GEB-EFB STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE REBUTTAL EXPERT DISCLOSURE AS TO DEFENDANT SYCAMORE PARTNERS, LLC

Plaintiff, BYRON CHAPMAN ("Plaintiff") and Defendant, SYCAMORE PARTNERS, LLC ("SYCAMORE"), by and through their respective counsel, hereby jointly stipulate and request that the Court grant a continuance of the rebuttal expert witness disclosure deadline (June 21, 2010) for SYCAMORE based on the following good cause:
1 Case No. 2:09-CV-02526-GEB-EFB STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE REBUTTAL EXPERT DISCLOSURE as to DEFENDANT SYCAMORE PARTNERS, LLC
SAC 441,737,187v3 6-21-10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1.

Plaintiff filed his action seeking renovations to the STARBUCKS in

Woodland, California to improve disabled access, as well as seeking damages and attorney's fees, litigation expenses, and costs. 2. SYCAMORE has informally provided Plaintiff with photographs of the

accessible parking spaces, signage and access aisle immediately in front of the STARBUCKS in question. Plaintiff has reviewed the photographs and responded with various concerns, and SYCAMORE is diligently working with Plaintiff's counsel to address these concerns. 3. While the parties have been cooperating in good faith to resolve this

matter, the rebuttal exchange date currently looms at June 21, 2010. Forcing SYCAMORE to have its rebuttal expert finalize his opinions and issue a report at this time would significantly increase the cost of the case without increasing the likelihood of settlement, which the parties anticipate conducting in the absence of formal discovery procedures. 4. The parties therefore jointly request that the Court grant a continuance of

the rebuttal expert witness disclosure deadline from June 21, 2010 to July 31, 2010 for SYCAMORE to allow the parties an opportunity to negotiate resolution of Plaintiff's claims before launching into full discovery and motion practice. 5. A continuance of SYCAMORE'S rebuttal expert witness disclosure will

not affect any of the other deadlines in this case as the discovery cut-off is not until October 20, 2010, and the last day to hear motions is December 20, 2010. Trial of this matter is not until May 17, 2011. IT IS HEREBY STIPULATED as follows: 1. That the rebuttal expert witness disclosure deadline be moved from June

21, 2010 to July 31, 2010 as to SYCAMORE. All other previously scheduled dates in this matter are to remain unchanged, except as to the outstanding written discovery deadlines which are also extended to July 31, 2010. ///
2 Case No. 2:09-CV-02526-GEB-EFB STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE REBUTTAL EXPERT DISCLOSURE as to DEFENDANT SYCAMORE PARTNERS, LLC
SAC 441,737,187v3 6-21-10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SO STIPULATED: DATED: June 21, 2010 DISABLED ADVOCACY GROUP, APLC By: /s/: Lynn Hubbard, III (as authorized on 6/21/10) LYNN HUBBARD, III SCOTTLYNN J. HUBBARD, IV Attorney for Plaintiff BRYON CHAPMAN DATED: June 17 2010 GREENBERG TRAURIG, LLP By:/s/ Kathleen E. Finnerty KATHLEEN E. FINNERTY Attorney for Defendant SYCAMORE PARTNERS, LLC

ORDER IT IS SO ORDERED. The rebuttal expert witness disclosure date as to SYCAMORE is continued to July 31, 2010, and all remaining pretrial and trial dates in this matter are unchanged.

DATED: June 22, 2010
GARLAND E. BURRELL, JR. United States District Judge

3 Case No. 2:09-CV-02526-GEB-EFB STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE REBUTTAL EXPERT DISCLOSURE as to DEFENDANT SYCAMORE PARTNERS, LLC
SAC 441,737,187v3 6-21-10