Arnold v. County of Sacramento et al
Filing
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INITIAL STATUS REPORT by County of Sacramento. (Paul, Jonathan) Modified on 11/19/2012 (Marciel, M)
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Rivera&Associates
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2 18 0 Har var d Str eet, Suite 3 1 0
Sacr amento , Califor nia 95 815
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Tel: 916 -9 22 -1 2 0 0 Fax: 9 1 6 9 2 2 -1 3 0 3
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J es s e M . R i vera, C S N 84259
J onat han B. P aul , CS N 21 5884
S h anan L. Hewi t t , CS N 200168
Kel ly A. Yokl ey, C S N 192015
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Attorneys for Defendant,
County of Sacramento
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IN THE UNITED STATES DISTRICT COURT
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IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA
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CONNIE ARNOLD,
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Plaintiff,
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vs.
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COUNTY OF SACRAMENTO, et al.
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Defendant.
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CASE NO. 2:12-cv-01998-LKK-EFB
DEFENDANT COUNTY OF
SACRAMENTO’S INITIAL STATUS
REPORT
Scheduling Conference: December 10, 2012
Time: 9:00 a.m.
Location: Courtroom 4
Before: Honorable Lawrence K. Karlton
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A.
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Defendant County of Sacramento is represented Jonathan B. Paul, Esq. of Rivera &
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Parties/Counsel
Associates.
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B.
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Plaintiff Connie Arnold has brought the subject action alleging violation of the
Summary of Facts
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Americans with Disabilities Act (ADA) - Title II, as well as other federal and state claims. Ms.
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Arnold, who claims to be a person with a mobility disability and requires the use of the a
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wheelchair, claims to have been denied access at the Sylvan Oaks Public Library and
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Crosswoods Park in the City of Citrus Heights, within the County of Sacramento. Plaintiff
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claims that denial of access took place in September 2011 and that she has been deterred from
Defendant County of Sacramento’s Initial Status Report
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returning to the park and library since that time.
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C.
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Defendant understands that all parties have been served.
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D.
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Defendant does not expect a joinder of additional parties.
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E.
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Plaintiff has filed a first amended complaint. Defendant has filed a first amended answer
Service of Process
Joinder of Additional Party
Amendment of Pleadings
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to said complaint.
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F.
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Statutory basis for jurisdiction and venue.
Plaintiff contends that the court has jurisdiction over this action pursuant to 28 USC
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Section 1331, to hear and determine plaintiff's ADA and Section 504 claims of the Rehabilitation
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Action of 1973. Plaintiff further contends the court has supplemental jurisdiction pursuant to 28
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USC Section 1367 to hear and determine plaintiff's state law claims, because they are related to
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plaintiff's federal claims and arise out of a common nucleus of operative facts. Plaintiff alleges
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that venue is proper pursuant to 28 USC Section 1391(b), because the real property which is the
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subject of this action Sylvan Oaks Public Library and Crosswoods Park are located in the Eastern
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District.
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Defendant acknowledges that jurisdiction and venue are appropriate in the United States
District Court for the Eastern District of California.
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G.
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Defendant County of Sacramento does not anticipate filing motions at this time.
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Anticipated Motions and the Scheduling Thereof
However, plaintiff has indicated that she may undertake a motion for summary judgment.
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H.
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Counsel for all parties have meet and conferred on the issue of discovery. The parties
Anticipated Discovery
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believe that a joint inspection of the Crosswoods Park and Sylvan Oaks Public Library should
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initially go forward prior to formal discovery. The parties anticipate completing a joint
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inspection prior to the pre-trial scheduling conference as an inspection is scheduled to go forward
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on November 30, 2012. It is anticipated that progress towards resolution of the case can be made
Defendant County of Sacramento’s Initial Status Report
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by way of the joint inspection. The parties agree that all other discovery should be deferred for
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several months from the date of the pre-trial scheduling conference so that the joint inspection
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may be completed as well as settlement negotiations. Further the parties have agreed to the
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following discovery and scheduling plan:
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Initial Scheduling Conference:
December 10, 2012
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120-Day Discovery Stay Until:
April 9, 2013
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Fact Discovery Cut-off:
October 9, 2013
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Expert Disclosures:
December 9, 2013
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Rebuttal Expert Disclosures:
January 9, 2014
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Expert Discovery Cut-off:
March 10, 2014
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Last Day to File Dispositive Motions:
May 12, 2014
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Jury Trial:
September 15, 2014
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I.
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Defendant is informed and believes that this is a limited disabled access claim for purely
Future Proceedings
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injunctive relief. As such, the parties have agreed to initially conduct the joint inspection and
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attempt to resolve the case under the schedule proposed above. Further depending upon the
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demand made by plaintiff following the joint inspection, the parties may utilize VDRP or request
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the assistance of a magistrate judge for an early settlement conference before engaging in formal
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discovery.
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J.
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None.
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K.
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Defendant Sunrise Recreation & Park District has timely demanded a trial by jury.
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L.
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Five to seven days.
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M.
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None anticipated at this time.
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Special Procedures
Demand Jury Trial
Estimate of Trial Time
Modification of Standard Pre-Trial Procedures
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Defendant County of Sacramento’s Initial Status Report
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N.
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None.
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0.
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Defendant County of Sacramento is amendable to using the voluntary dispute resolution
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program and/or submitting the matter to an early settlement conference with a magistrate judge
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following the joint inspection.
Relation to Other Case(s)
Voluntary Dispute Resolution Program
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P.
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None at this time.
Other Issues
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Dated: November 19, 2012
Respectfully submitted,
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RIVERA & ASSOCIATES
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/s/ Jonathan B. Paul
By:
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JONATHAN B. PAUL
Attorney for County of Sacramento
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Defendant County of Sacramento’s Initial Status Report
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