Johnson v. PD Hotel Associates, LLC, et al

Filing 19

STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND CORRESPONDING PRE-TRIAL DEADLINES TO FACILITATE SETTLEMENT signed by Judge John A. Mendez on 7/7/11 ORDERING Expert Witness disclosures due by 1/13/12; Discovery completion 3/7/12; Dispositive Motions filed by 4/18/12; Final Pretrial Conference set for 6/22/12 at 11:00 AM; Jury Trial set for 7/30/12 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Becknal, R)

1
2
3
4
5
6
7

PAUL L. REIN, Esq. (SBN 43053)
CELIA MCGUINNESS, Esq. (SBN 159420)
CATHERINE M. CABALO, Esq. (SBN 248198)
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile: 510/832-4787
[e-mail]
Attorneys for Plaintiff
ROOSEVELT JOHNSON

R. LAWRENCE BRAGG, Esq.
VITALE & LOWE
9 3249 Quality Drive, Suite 200
Rancho Cordova, CA 95670-6098
10 Telephone: [phone]
Facsimile: 916/851-3770
8

11

Attorneys for Defendants
PD HOTEL ASSOCIATES, LLC
dba RADISSON HOTEL SACRAMENTO, and
13 DOW PRE II, LLC
12

14

IN THE UNITED STATES DISTRICT COURT

15

IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

16
17

ROOSEVELT JOHNSON,
Plaintiff,

18
19

PD HOTEL ASSOCIATES, LLC,
21 a California limited liability
company dba RADISSON HOTEL
22 SACRAMENTO; DOW PRE II,
LLC, a Delaware limited liability
23 company; and DOES 1-10,
Inclusive,
25

Civil Rights

v.

20

24

Case No. 2:10-cv-1407 JAM-DAD

STIPULATION AND ORDER TO
CONTINUE TRIAL DATE AND
CORRESPONDING PRE-TRIAL
DEADLINES TO FACILITATE
SETTLEMENT

Defendants.
___________________________/

26
27
28

STIPULATION AND [PROPOSED] ORDER
TO CONTINUE TRIAL DATE AND
CORRESPONDING PRE-TRIAL DEADLINES
Case No. 2:10-cv-1407 JAM-DAD

PDF created with pdfFactory trial version www.pdffactory.com

1

STIPULATION

2

Plaintiff ROOSEVELT JOHNSON (“Plaintiff”) filed a Complaint in this

3

action on June 8, 2010 to enforce provisions of the Americans with Disabilities Act

4

of 1990 (“ADA”), 42 U.S.C. §§ 12101 et seq., and California civil rights laws

5

against defendants PD HOTEL ASSOCIATES, LLC dba RADISSON HOTEL

6

SACRAMENTO and DOW PRE II, LLC (together referred to as “Defendants”).

7

Plaintiff and Defendants have recently settled injunctive relief issues in this

8

case and are engaged in continuing settlement negotiations with respect to Plaintiff’s

9

claims for monetary relief.

10

In aid of efforts to settle Plaintiff’s monetary relief claims, Plaintiff and

11

Defendants are requesting by a concurrently-filed stipulation that this Court

12

schedule a settlement conference.

13

On the basis of the foregoing continued and substantial settlement activity,

14

the parties request that this Court continue for an approximate five (5) month period

15

the trial date in this matter and all corresponding pre-trial deadlines set in this

16

Court’s Status (Pre-trial Scheduling) Order, filed on December 10, 2010

17

(“Scheduling Order”), including those concerning discovery, expert disclosures,

18

motion hearing schedule, and final pretrial conference. Per the Scheduling Order,

19

the currently set dates are as follows:

20

Expert Witness Disclosures:

July 15, 2011

21

Rebuttal Expert Witness Disclosures:

July 22, 2011

22

Discovery Completion:

September 13, 2011

23

Dispositive Motions (filed by):

October 19, 2011

24

Dispositive Motions (heard by):

November 16, 2011

25

Trial:

January 13, 2012

26
27
28

-2STIPULATION AND [PROPOSED] ORDER
TO CONTINUE TRIAL DATE AND
CORRESPONDING PRE-TRIAL DEADLINES
Case No. 2:10-cv-1407 JAM-DAD

PDF created with pdfFactory trial version www.pdffactory.com

1

The parties have been working diligently and in good faith toward

2

investigating and responding to the issues raised in Plaintiff’s Complaint. The

3

requested continuance will allow the parties adequate time to continue good faith

4

efforts to consummate settlements of Plaintiff’s claims against Defendants in this

5

matter. The requested continuance would also allow any remaining issues to be

6

mediated at a settlement conference.

7

The parties respectfully submit that continuance of all of these dates is in the

8

best interests of the parties and the Court to continue pursuit of the pending

9

settlement efforts without incurring substantial attorneys’ fees and expert costs

10

through the discovery and pretrial motion process. Rather than proposing specific,

11

new dates, the parties will accept the Court’s discretion in continuing and resetting

12

these dates to a timeframe approximately five (5) months from the currently-

13

scheduled dates.

14
15

IT IS SO STIPULATED.

16
17

Dated: July 6, 2011

LAW OFFICES OF PAUL L. REIN

18

/s/ Catherine M. Cabalo
By: Catherine M. Cabalo, Esq.
Attorneys for Plaintiff
ROOSEVELT JOHNSON

19
20
21
22

Dated: July 6, 2011

VITALE & LOWE

23
24

/s/ R. Lawrence Bragg
By: R. Lawrence Bragg, Esq.
Attorneys for Defendants

25
26
27
28

-3STIPULATION AND [PROPOSED] ORDER
TO CONTINUE TRIAL DATE AND
CORRESPONDING PRE-TRIAL DEADLINES
Case No. 2:10-cv-1407 JAM-DAD

PDF created with pdfFactory trial version www.pdffactory.com

PD HOTEL ASSOCIATES, LLC
dba RADISSON HOTEL
SACRAMENTO, and DOW PRE II,
LLC

1
2
3

ORDER

4
5
6
7
8
9
10
11
12
13
14
15

Good cause having been shown, the Court grants the parties’ stipulation and
request to continue for five (5) months all Scheduling Order deadlines not yet
passed in this case and sets new dates as follows:
Expert Witness Disclosures:

January 13, 2012__________

Rebuttal Expert Witness Disclosures:

January 20, 2012__________

Discovery Completion:

March 7, 2012____________

Dispositive Motions (filed by):

April 18, 2012____________

Dispositive Motions (heard by):

May 16, 2012 at 9:30 a.m.___

Joint pretrial statement due:

June 15, 2012_____________

Final pretrial conference:

June 22, 2012 at 11:00 a.m.__

Jury Trial:

July 30, 2012 at 9:00 a.m.___

16
17
18
19
20

All other requirements of the Scheduling Order shall remain as written.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: July 7, 2011

21

/s/ John A. Mendez_____________
Honorable JOHN A. MENDEZ
United States District Court Judge

22
23
24
25
26
27
28

-4STIPULATION AND [PROPOSED] ORDER
TO CONTINUE TRIAL DATE AND
CORRESPONDING PRE-TRIAL DEADLINES
Case No. 2:10-cv-1407 JAM-DAD

PDF created with pdfFactory trial version www.pdffactory.com