Mettler v. Baba

Filing 7

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 9/1/11: Time extension is granted to and including November 6, 2011, for Defendant Vernon Bava to file a response to the Complaint. Status Conference continued to 12/12/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

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Velma K. Lim, SBN 111006
KROLOFF, BELCHER, SMART,
PERRY & CHRISTOPHERSON
7540 Shoreline Drive
Stockton, CA 95219
Phone: [phone]
Facsimile: [phone]

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Attorneys for Defendant, VERNON BAVA

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UNITED STATE DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASE NO. CV 2:11-1543 GEB-EFB

VIC METTLER,
Plaintiff,

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vs.

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VERNAN BABA,
Defendants.

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STIPULATION AND ORDER TO
EXTEND TIME TO RESPOND TO
COMPLAINT AND TO RESCHEDULE
CASE MANAGEMENT CONFERENCE

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IT IS HEREBY STIPULATED AND AGREED between the parties, plaintiff Vic Mettler and
defendant Vernon Bava, that:
1)

The parties are engaging in good faith settlement discussions which involve the use of

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public accommodation accessibility experts to evaluate the allegations in this action that violations of

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accessibility requirements under the Americans with Disabilities Act exist.

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2)

It is anticipated that a resolution of this legal action may be achieved upon the receipt of

accessibility evaluation reports, which is anticipated to be achieved within 45 to 60 days.
3)

Therefore, good cause supports the parties’ request for a time extension for defendant

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Vernon Bava to respond to the Complaint and for a continuation of the Case Status Conference. The

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time extensions to allow the parties to complete accessibility evaluations and conclude settlement

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discussions will save the parties time and expense to file pleadings and attend a Case Status Conference

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and save the Court’s time and effort to preside over a Case Status Conference, schedule court dates,

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issue a Pre-Trial Scheduling Order, then off-calendar all dates.
STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND TO RESCHEDULE
CASE MANAGEMENT CONFERENCE

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4)

Defendant currently is to respond to the Complaint on or by September 6, 2011, pursuant

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to a prior stipulation between the parties.

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extension of 60 days to and including November 6, 2011 for defendant Vernon Bava to respond to the

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Complaint.

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5)

The parties agree and request the Court to grant a time

The parties agree and request the Court to continue the Case Status Conference for 60

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days and with the due date for Joint Status Conference Statements extended accordingly. The Case

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Status Conference is now set for October 3, 2011 at 9:00 a.m. and Joint Status Conference Statements

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are due fourteen days prior to the hearing.

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Dated: ________________________

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_________________________________
Thomas N. Stewart III
Attorney for Plaintiff Vic Mettler
KROLOFF, BELCHER, SMART,
PERRY & CHRISTOPHERSON

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Dated: ________________________

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_________________________________
Velma K. Lim
Attorney for Defendant Vernon Bava
ORDER

Having considered the foregoing, IT IS HEREBY ORDERED THAT:
1)

Time extension is granted to and including November 6, 2011, for Defendant Vernon

Bava to file a response to the Complaint.
2)

The Case Status Conference is continued to December 12, 2011, at 9:00 a.m. a joint

status report shall be filed fourteen days prior to the hearing.

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DATED: September 1, 2011

GARLAND E. BURRELL, JR.
United States District Judge

STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND TO RESCHEDULE
CASE MANAGEMENT CONFERENCE

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