Chapman v. City of Lincoln

Filing 53

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 1/23/2017 ORDERING the last day to hear Dispositive Motions is CONTINUED to 5/20/2017. (Washington, S)

1
2
3
4
5
6
7

A PROFESSIONAL CORPORATION
Stephen E. Horan, SBN 125241
Adam J. DeBow, SBN 305809
350 University Avenue, Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]
Attorneys for Defendant, CITY OF LINCOLN

8
UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

11
12

BYRON CHAPMAN,

13
14
15
16

CASE NO. 2:15-CV-00270- MCE-EFB

Plaintiff,

STIPULATION AND ORDER TO
EXTEND PRE-TRIAL MOTIONS AND
EXPERT DISCOVERY

v.
CITY OF LINCOLN,

Complaint Filed: 01/30/2015
Defendant.

17
18

/

19
20
21

Plaintiff BYRON CHAPMAN (“CHAPMAN”) and Defendant CITY OF LINCOLN

22

hereby submit the following Stipulation to Extend the Hearing Date for Dispositive Motions:

23

1.

WHEREAS, on January 30, 2015, CHAPMAN filed a lawsuit against the CITY OF

24

LINCOLN (Chapman v. City of Lincoln., Case No. 2:15-CV-00270- MCE-EFB [Chapman I]) for:

25

(1) Denial of Access in Violation of the ADA Pursuant to Title III (42 U.S.C. §12101, et seq.); (2)

26

Denial of Full and Equal Access in Violation of California Civil Code §§ 54, 54.1, and 54.3

27

(Disabled Persons Act); (3) Denial of Accessible Sanitary Facilities in Violation of California

28

Health & Safety Code § 19955, et seq.; and (4) Denial of Access to Full and Equal
1
STIPULATION AND ORDER TO EXTEND PRE-TRIAL MOTIONS AND EXPERT DISCOVERY

{01637270.DOCX}

1

Accommodations, Advantages, Facilities, Privileged and/or Services in Violation of California

2

Civil Code § 51, et seq. (Unruh Civil Rights Act).

3

2.

WHEREAS, on November 10, 2015, CHAPMAN filed a second lawsuit against the

4

CITY OF LINCOLN (Chapman v. City of Lincoln, Case No: 2:15-CV-02326-MCE-EFB

5

[Chapman II]) for same causes of action, excluding the Health & Safety Code violation. The ADA

6

action for this matter was plead under Title II.

7
8
9
10

PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

11
12
13
14
15
16
17
18
19
20
21
22
23

3.

WHEREAS, on February 5, 2016, Defendant City of Lincoln filed a Motion for

Summary Judgment in Case No. 2:15-CV-00270-MCE-EFB.
4.

WHEREAS, on April 29, 2016, the Court denied Defendant’s motion without

prejudice and granted Plaintiff leave to file his First Amended Complaint.
5.

WHEREAS, on May 3, 2016, CHAPMAN filed First-Amended complaint for

Chapman I realleging the ADA action under Title II and making other amendments.
6.

WHEREAS, on July 13, 2016, the parties filed a Joint Stipulation to consolidate the

two matters.
7.

WHEREAS, on July 19, 2016, the Court issued an Order to Consolidate,

consolidating the two above-mentioned matters.
8.

WHEREAS, on October 27, 2016, a settlement conference was set for November

14, 2016 with Judge Morrison England.
9.

WHEREAS, on November 4, 2016, pursuant to an agreement by the parties the

Court continued the Settlement Conference to February 21, 2017.
10.

WHEREAS, the pre-trial scheduling order in this matter was issued on June 22,

2016, requires that the last day to hear dispositive motions is April 6, 2017.
11.

WHEREAS, the pre-trial scheduling order requires that all Motions for Summary

24

Judgment be filed at least eight weeks prior to the hearing, meaning such motions must be filed by

25

February 9, 2017.

26

12.

WHEREAS, the pre-trial scheduling order provides that expert discovery should be

27

completed “in a timely manner in order to comply with the Court’s deadline for filing dispositive

28

motions.”
2
STIPULATION AND ORDER TO EXTEND PRE-TRIAL MOTIONS AND EXPERT DISCOVERY

{01637270.DOCX}

1
2
3
4

12.

WHEREAS, the parties hope to avoid the necessity of filing dispositive motions by

reaching a fair resolution at the February 21, 2017, settlement conference.
13.

WHEREAS, the parties hope to avoid the expense of expert discovery prior to the

settlement conference scheduled on February 21, 2017.

5
6
7
8
9

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and
between CHAPMAN and the CITY OF LINCOLN, through their respective counsel of
record herein, as follows:
I.

The deadline hearing dispositive motions shall be extended by 44 days from April

PORTER | SCOTT

6, 2017, to May 20, 2017 in order to allow the parties to engage in the settlement

11
350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

10

conference scheduled for February 21, 2017.

12

II.

13
14

comply with the new hearing deadline for dispositive motions.
III.

15
16
17
18

The parties agree to conduct expert discovery in a timely manner in order to

All other deadlines set forth in the Court’s Amended pre-trial scheduling order
shall remain unchanged.

IT IS SO STIPULATED AND AGREED.
Date: January 23, 2017

19

PORTER SCOTT
A PROFESSIONAL CORPORATION
By: /s/ Stephen E. Horan______
Stephen E. Horan
Adam J. DeBow
Attorneys for Defendant
CITY OF LINCOLN

20
21
22
23
24

Dated: January 18, 2017

25

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
By: /s/ Thomas E. Frankovich (Authorized 1/18/17)
Thomas E. Frankovich
Attorney for Plaintiff,
BYRON CHAPMAN

26
27
28

3
STIPULATION AND ORDER TO EXTEND PRE-TRIAL MOTIONS AND EXPERT DISCOVERY

{01637270.DOCX}

ORDER

1
2
3
4

Pursuant to the parties’ stipulation and good cause having been shown, the deadline for
hearing dispositive motions is hereby CONTINUED to MAY 20, 2017.
IT IS SO ORDERED.

5
6

Dated: January 23, 2017

7
8
9
10

PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
STIPULATION AND ORDER TO EXTEND PRE-TRIAL MOTIONS AND EXPERT DISCOVERY

{01637270.DOCX}