McCarthy v. Singh Hotel Group LLC.

Filing 23

ORDER signed by District Judge Troy L. Nunley on 7/19/17: This action is STAYED pending further order of the court. If the parties have not been able to informally reach a settlement within 45 days, the parties shall initiate participation in the court's Voluntary Dispute Resolution Program. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT MCCARTHY, 12 13 14 15 No. 2:16-cv-00360-TLN-CKD Plaintiff, v. ORDER SINGH HOTEL GROUP LLC., Defendant. 16 17 Plaintiff Robert McCarthy initially commenced this action under the Americans with 18 Disabilities Act (“ADA”) on February 19, 2016. (ECF No. 1.) Thereafter, on March 30, 2016, 19 defendant Singh Hotel Group LLC filed an answer to the complaint. (ECF No. 4.) 20 In the interest of avoiding the accumulation of fees and costs through potentially 21 unnecessary discovery and motion practice, and to allow the parties sufficient time to pursue an 22 early informal resolution of this matter, IT IS HEREBY ORDERED that: 23 1. This action is STAYED pending further order of the court. 24 2. The parties are directed to promptly meet and confer to discuss settlement of this 25 action. Settlement discussions require focus and preparation and should involve the 26 attorneys who will try the case and the person or persons having full authority to 27 negotiate and settle the case on any terms. Plaintiff should initiate settlement 28 discussions by providing a written itemization of damages and a meaningful 1 1 settlement demand that includes an explanation of why the demand is appropriate. 2 Defendant should respond with an acceptance of the offer or with a meaningful 3 counteroffer, and which includes an explanation of why the counteroffer is reasonable. 4 The parties should continue in this way until they reach settlement or have exhausted 5 informal settlement efforts. 6 3. If the parties have not been able to informally reach a settlement within 45 days, the 7 parties shall initiate participation in the court’s Voluntary Dispute Resolution Program 8 (“VDRP”) by contacting the court’s VDRP administrator, Sujean Park, at (916) 930- 9 4278 or 10 4. The parties shall carefully review and comply with Local Rule 271, which outlines the 11 specifications and requirements of the VDRP. 12 5. No later than fourteen (14) days after completion of the VDRP session, the parties 13 shall jointly file their VDRP Completion Report, consistent with Local Rule 271(o). 14 IT IS SO ORDERED. 15 DATED: July 19, 2017 16 Troy L. Nunley United States District Judge 17 18 19 20 21 22 23 24 25 1 26 27 28 The resources of the VDRP program are limited, and the parties are expected to make good faith efforts to timely and fully exhaust informal settlement efforts prior to initiating participation in the VDRP. The court will look with disfavor upon parties stalling or failing to participate in the above-mentioned initial informal discussions, prompting potentially unnecessary participation in the VDRP and straining the program’s resources. 2

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