D'Lil v. Riverboat Delta King, Inc. et al
Filing
107
CORRECTED STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/12/2015 ORDERING #105 an initial phase-1 bench trial covering all Plaintiff's claims except those specified. The parties understand this phase will begin on 1/22/2015 as previously ordered by the Court [ 103 ]; that thereafter the Court convene a phase-2 jury trial. (Reader, L)
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CHARLES L. POST, State Bar No. 160443
weintraub genshlea chediak
tobin & tobin
LAW CORPORATION
400 Capitol Mall, 11th Floor
Sacramento, CA 95814
(916) 558-6000 – Main
(916) 446-1611 – Facsimile
Email: cpost@weintraub.com
Attorneys for Defendant RIVERBOAT DELTA KING, INC.
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TIMOTHY S. THIMESCH, ESQ. (No. 148213)
158 Hilltop Crescent
Walnut Creek, CA 94597
Direct: (925) 588-0401
Facsimile: (888) 210-8868
tim@thimeschlaw.com
genefarber@gmail.com
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Attorney for Plaintiff HOLLYNN D’LIL
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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HOLLYNN D’LIL,
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CASE NO. 2:11-CV-02230-WBS-AC
Civil Rights
Plaintiff,
[Corrected] STIPULATED REQUESTS
TO BIFURCATE THE TRIAL AND TO
ALTER CERTAIN EVIDENTIARY
PROCEDURES AT TRIAL; ORDER
v.
RIVERBOAT DELTA KING, INC.;
CITY OF SACRAMENTO; OLD
SACRAMENTO BUSINESS
ASSOCIATION, INC.,
Defendants.
/
TO THE COURT:
For
the
reasons
expressed
on
the
record
at
the
Final
Pretrial Conference on January 7, 2015, the Parties hereby make
the following joint requests to bifurcate the trial in this
matter:
1.
covering
That the Court hold an initial phase-1 bench trial
all
item 2, next.
Plaintiff’s
claims
except
those
specified
The parties understand this phase will begin on
January 22, 2015 as previously ordered by the Court.
2.
That
in
thereafter
the
Court
convene
a
ECF-103.
phase-2
jury
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{1860396.DOC;}
Stipulated Requests to Bifurcate and Alter Certain Evidentiary Procedures at Trial
Case No. 2:11-CV-02230-WBS-AC
1
trial, which shall cover the following questions:
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a.
Whether the lack of vertical (wheelchair) access
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to the fourth and fifth levels of the Delta King are a violation
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of law.
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b.
Whether, after 1989, an “alteration” to the Delta
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King occurred which triggered application of ADAAG or Title 24
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standards.
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c.
the
fourth
Whether providing (wheelchair) vertical access to
and
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3.
levels
of
the
Delta
King
is
“readily
achievable.”
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fifth
The Parties understand that the Court will trail the
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second phase beginning February 3, 2015 (ECF-103), and that the
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Parties are required to stay in contact with the Calendar Clerk,
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who
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notice.
intends
to
provide
the
Parties
with
at
least
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The Parties also stipulate to the following:
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1.
24-hours’
That Plaintiff HolLynn D’Lil be excused from attending
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the
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mediation conference before ADR Director Howard Herman, Esq., in
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the matter D’Lil v. Sonoma County, U.S.D.C. for the N. Dist. of
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Calif.,
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participation is not required by either party on January 22,
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2015.
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first
2.
day
Case
of
No.
trial
(January
13-0423-KAW.
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due
to
Plaintiff’s
a
prescheduled
testimony
and
That for those exhibits that are oversized, such as
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blueprints and drawings, the Parties be allowed to rely upon
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high-resolution digital copies along with the reduced, letter-
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sized copies that will be placed within the exhibit binders.
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However, Delta King also agrees to produce the original “Mike
{1860396.DOC;}
Stipulated Requests to Bifurcate and Alter Certain Evidentiary Procedures at Trial
Case No. 2:11-CV-02230-WBS-AC
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Coyne Set” on the first day of trial.
3.
That
expert
witness
Peter
Blanck
of
Syracuse,
NY;
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expert witness David Cole of Bedford, TX; and percipient witness
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Solan Wisham of Bulverde, TX, each be allowed to appear at
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either phase of trial through tele-video conferencing.
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IT IS SO STIPULATED.
Dated: January 9, 2015
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CHARLES L. POST, ESQ.
weintraub genshlea chediak
tobin & tobin
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/s/ - Charles L. Post
Attorneys for Defendants
RIVERBOAT DELTA KING, INC.
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Dated: January 9, 2015
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THIMESCH LAW OFFICES
TIMOTHY S. THIMESCH
/s/ Signature Authorized
Attorneys for Plaintiff
HOLLYNN D’LIL
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ORDER
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SO ORDERED.
Dated:
January 12, 2015
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{1860396.DOC;}
Stipulated Requests to Bifurcate and Alter Certain Evidentiary Procedures at Trial
Case No. 2:11-CV-02230-WBS-AC
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