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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1 2 3 4 5 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. 7 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 8 Attorney for Plaintiff HOLLYNN D’LIL 6 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 11 HOLLYNN D’LIL, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 28 {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: 2 a. Whether the lack of vertical (wheelchair) access 3 to the fourth and fifth levels of the Delta King are a violation 4 of law. 5 b. Whether, after 1989, an “alteration” to the Delta 6 King occurred which triggered application of ADAAG or Title 24 7 standards. 8 9 c. the fourth Whether providing (wheelchair) vertical access to and 10 3. levels of the Delta King is “readily achievable.” 11 fifth The Parties understand that the Court will trail the 12 second phase beginning February 3, 2015 (ECF-103), and that the 13 Parties are required to stay in contact with the Calendar Clerk, 14 who 15 notice. intends to provide the Parties with at least 16 The Parties also stipulate to the following: 17 1. 24-hours’ That Plaintiff HolLynn D’Lil be excused from attending 18 the 19 mediation conference before ADR Director Howard Herman, Esq., in 20 the matter D’Lil v. Sonoma County, U.S.D.C. for the N. Dist. of 21 Calif., 22 participation is not required by either party on January 22, 23 2015. 24 first 2. day Case of No. trial (January 13-0423-KAW. 22) due to Plaintiff’s a prescheduled testimony and That for those exhibits that are oversized, such as 25 blueprints and drawings, the Parties be allowed to rely upon 26 high-resolution digital copies along with the reduced, letter- 27 sized copies that will be placed within the exhibit binders. 28 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 1 2 Coyne Set” on the first day of trial. 3. That expert witness Peter Blanck of Syracuse, NY; 3 expert witness David Cole of Bedford, TX; and percipient witness 4 Solan Wisham of Bulverde, TX, each be allowed to appear at 5 either phase of trial through tele-video conferencing. 6 IT IS SO STIPULATED. Dated: January 9, 2015 7 8 CHARLES L. POST, ESQ. weintraub genshlea chediak tobin & tobin 9 /s/ - Charles L. Post Attorneys for Defendants RIVERBOAT DELTA KING, INC. 10 11 Dated: January 9, 2015 12 THIMESCH LAW OFFICES TIMOTHY S. THIMESCH /s/ Signature Authorized Attorneys for Plaintiff HOLLYNN D’LIL 13 14 15 ORDER 16 17 18 SO ORDERED. Dated: January 12, 2015 19 20 21 22 23 24 25 26 27 28 {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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