Johnson v. Pacheco Plaza, LLC et al

Filing 29

ORDER signed by District Judge Troy L. Nunley on 9/15/16 ORDERING that the referral of this case for a settlement conference is WITHDRAWN and the 11/3/2016 settlement conference before Magistrate Judge Gregory G. Hollows is VACATED. This action is S TAYED and REFERRED to the VDRP. Within 14 days of this order, the parties shall contact the Court's VDRP administrator. No later than 14 days after completion of the VDRP session, the parties shall jointly file their VDRP Completion Report. Any party that objects to this referral to the VDRP shall file its objections within seven (7) days of this order. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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Case No. 2:15-cv-02455-TLN-CKD

Plaintiff,
ORDER

v.
PACHECO PLAZA, LLC, a California
Limited Liability Company, SORA
ENTERPRISES, INC., a California
Corporation and IJ GROUP
ENTERTAINMENT, INC.
Defendants.

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Plaintiff commenced this disability access case asserting a claim under the Americans

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with Disabilities Act (“ADA”) and related state law claims, and Defendants have answered the

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Complaint. The case was referred to a United States magistrate judge for a settlement conference.

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The Court continues to believe that it is in the best interest of the parties to avoid the

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accumulation of fees and costs through potentially unnecessary discovery and motion practice,

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and to allow the parties some time to pursue settlement of this matter by virtue of alternative

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dispute resolution. Nevertheless, due to the congestion of the Court’s docket and the resultant

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inability of United States magistrate judges to timely facilitate settlement conferences in all cases,

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the Court finds it appropriate to withdraw the previous referral of this case for a settlement

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conference, and instead refer the action to the Court’s Voluntary Dispute Resolution Program
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(“VDRP”).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The referral of this case for a settlement conference is WITHDRAWN and the

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November 3, 2016 settlement conference before Magistrate Judge Gregory G.

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Hollows is VACATED.

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2. This action is STAYED and REFERRED to the VDRP.

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3. Within fourteen (14) days of this order, the parties shall contact the Court’s VDRP

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administrator, Sujean Park, at [phone] or [e-mail], to start

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the process of selecting an appropriate neutral.

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4. The parties shall carefully review and comply with Local Rule 271, which outlines the
specifications and requirements of the VDRP.
5. No later than fourteen (14) days after completion of the VDRP session, the parties

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shall jointly file their VDRP Completion Report, consistent with Local Rule 271(o).

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6. Any party that objects to this referral to the VDRP shall file its objections within seven

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(7) days of this order. Such objections shall clearly outline why that party believes

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that the action is not appropriate for referral to the VDRP.

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IT IS SO ORDERED.

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Dated: September 15, 2016

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Troy L. Nunley
United States District Judge

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