Arnold v. County of Sacramento et al
Filing
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STATUS REPORT by Sunrise Recreation & Park District. (Larsen, Dirk)
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MARK F. HAZELWOOD, SBN 136521
DIRK D. LARSEN, SBN 246028
LOW, BALL & LYNCH
505 Montgomery Street, 7th Floor
San Francisco, California 94111
Telephone:
(415) 981-6630
Facsimile:
(415) 982-1634
Email: mhazelwood@lowball.com
Email: dlarsen@lowball.com
Attorneys for Defendant
SUNRISE RECREATION & PARK DISTRICT
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CONNIE ARNOLD,
Plaintiff,
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vs.
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Case No. 2:12-CV-01998-LKK-EFB
COUNTY OF SACRAMENTO; SUNRISE
RECREATION & PARK DISTRICT; and
DOES 1 through 50, inclusive,
Defendants.
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DEFENDANT SUNRISE RECREATION &
PARK DISTRICT’S STATUS REPORT
(PRE-TRIAL SCHEDULING
CONFERENCE)
Date:
Time:
Location:
April 29, 2013
10:00 a.m.
Courtroom 4 - Honorable
Lawrence K. Karlton
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A.
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Defendant Sunrise Recreation & Park District is represented by Mark F. Hazelwood and Dirk
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Parties/Counsel
Larsen of Low, Ball & Lynch.
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B.
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Plaintiff Connie Arnold has brought the subject action alleging violation of the Americans with
Summary of Facts
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Disabilities Act (ADA) - Title II, as well as other federal and state claims. Ms. Arnold, who claims to
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be a person with a mobility disability and requires the use of the a wheelchair, claims to have been
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denied access at the Sylvan Oaks Public Library and Crosswoods Park in the City of Citrus Heights,
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within the County of Sacramento. Plaintiff claims that denial of access took place in September 2011,
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and that she has been deterred from returning to the park and library since that time.
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(PRE-TRIAL SCHEDULING CONFERENCE)
J:\1143\sf0010\Pld\Status Report-003.docx
Case No: 2:12-CV-01998-LKK-EFB
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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 Sunrise Recreation & Park District has
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Service of Process
Joinder of Additional Party
Amendment of Pleadings
filed an amended answer.
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F.
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Plaintiff contends that the court has jurisdiction over this action pursuant to 28 USC Section
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1331, to hear and determine plaintiff’s ADA and Section 504 claims of the Rehabilitation Action of
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1973. Plaintiff further contends the court has supplemental jurisdiction pursuant to 28 USC Section
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1367 to hear and determine plaintiff’s state law claims, because they are related to plaintiff’s federal
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claims and arise out of a common nucleus of operative facts. Plaintiff alleges that venue is proper
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pursuant to 28 USC Section 1391(b), because the real property which is the subject of this action
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(Sylvan Oaks Public Library and Crosswoods Park) are located in the Eastern District.
Statutory basis for jurisdiction and venue.
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G.
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Defendant Sunrise Recreation & Park District does not anticipate filing motions at this time.
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H.
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Plaintiff’s counsel and counsel for defendant Sunrise Recreation & Park District have met and
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conferred on the issue of discovery. The parties conducted a joint inspection of Crosswoods Park and
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Sylvan Oaks Public Library on January 11, 2013. Based on that inspection, plaintiff provided this
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defendant with a demand for injunctive relief on April 1, 2013. Defendant and its counsel are currently
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in the process of reviewing this demand. At this point, defendant believes that early resolution of this
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matter may be possible without the need for formal discovery. Accordingly, defendant respectfully
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requests the assistance of a magistrate judge for a settlement conference to take place before the parties
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engage in formal discovery.
Anticipated Motions and the Scheduling Thereof
Anticipated Discovery
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I.
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Defendant Sunrise Recreation & Park District is informed and believes that this is a limited
Future Proceedings
-2DEFENDANT SUNRISE RECREATION & PARK DISTRICT’S STATUS REPORT
(PRE-TRIAL SCHEDULING CONFERENCE)
J:\1143\sf0010\Pld\Status Report-003.docx
Case No: 2:12-CV-01998-LKK-EFB
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disabled access claim. As such, following the January 11, 2013 joint inspection, the parties should
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attempt to resolve the case.
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The parties have agreed to the 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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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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5-7 days.
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M.
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None anticipated at this time.
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N.
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None anticipated at this time.
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O.
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Defendant Sunrise Recreation & Park District is amendable to using the voluntary dispute
Special Procedures
Demand Jury Trial
Estimate of Trial Time
Modification of Standard Pre-Trial Procedures
Relation to Other Case(s)
Voluntary Dispute Resolution Program
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resolution program and/or submitting the matter to an early settlement conference, after the joint
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inspection, with a magistrate judge.
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P.
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None at this time.
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Other Issues
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(PRE-TRIAL SCHEDULING CONFERENCE)
J:\1143\sf0010\Pld\Status Report-003.docx
Case No: 2:12-CV-01998-LKK-EFB
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Defendant Sunrise Recreation & Park District hereby requests that its counsel, which are located
in San Francisco, be permitted to appear for the pre-trial scheduling conference by telephone.
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Dated: April 19, 2013
LOW, BALL & LYNCH
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By
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s/ Dirk D. Larsen
MARK F. HAZELWOOD
DIRK D. LARSEN
Attorneys for Defendant
SUNRISE RECREATION & PARK DISTRICT
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-4DEFENDANT SUNRISE RECREATION & PARK DISTRICT’S STATUS REPORT
(PRE-TRIAL SCHEDULING CONFERENCE)
J:\1143\sf0010\Pld\Status Report-003.docx
Case No: 2:12-CV-01998-LKK-EFB
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