Frances v. Accessible Space, Inc. et al

Filing 32

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/23/2018 ORDERING that within 48 hours from the issuance of this Order the parties shall notify the court, in a joint statement, whether they elect: To attend a hearing on 2/2/2018 at 9:00 a.m .; or to stipulate to the status quo regarding plaintiff's ability to reside in her apartment up to and including 4/2/2018, and have the hearing on all outstanding motions on 3/15/2018 at 9:00 a.m. The undersigned's courtroom deputy will give telephonic notice to the parties regarding the contents of this order as soon as possible. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANGELICA FRANCES,

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No. 2:16-cv-1016 JAM GGH

Plaintiff,
v.

ORDER

SOUTH LAKE TAHOE SUPPORTIVE
HOUSING, INC.,
Defendant.
PROCEDURAL POSTURE
Plaintiff sues in this case alleging that defendant has, inter alia, committed a violation of

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the federal Fair Housing Act, 42 U.S.C. § 3605, Section 504 of the Rehabilitation Act, various

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types of discrimination under 42 U.S.C. 2000(a), and various state claims, all involving her

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allegations that from 2009 to the present, that defendant failed to make repairs to the apartment

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she rents from them to the detriment of her health in an abrogation of her rights as a disabled

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person. See First Amended Complaint, ECF No. 17.

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Defendant filed a Motion to Dismiss the Claim, ECF No. 18. In that Motion Defendant

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argues that plaintiff’s claim is insufficiently pleaded and fails to sufficiently state a basis for

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federal jurisdiction and is barred by the applicable statute of limitations. ECF No. 26. This

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motion as originally scheduled to be heard on the Court’s December 7, 2017 hearing calendar, but

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the calendar was vacated on November 30, 2017, and plaintiff was ordered to show cause why
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her complaint should not be dismissed for failure to insofar as she did not file a timely Opposition

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or Statement of Non-Opposition. ECF No. 26. Plaintiff filed her Opposition on December 4,

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2017, ECF No. 28, and the matter was automatically submitted for consideration.

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On January 8, 2018 plaintiff filed a Request for a Restraining Order to prevent the

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effectuation of an eviction notice served on her by defendants on December 28, 2017 with a

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notice to quit on or before February 28, 2018. ECF No. 30 at 2.

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On January 22, 2018 the Courtroom Deputy for this court was directed to contact the

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parties to determine if they would be available for a hearing on February 2, 2018, which is a

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regularly scheduled hearing date for this court. The parties, however, indicated to the Courtroom

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Deputy that they were not available on that date and agreed the first mutually agreeable date was

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March15, 2018. This date would, however, go beyond the date that plaintiff has been ordered to

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vacate her apartment and moot her request for a Restraining Order to prevent that result.

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The court finds itself in the position of having to pose a solution that will allow it to hear

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and finalize the two opposing Motions now on its docket to avoid allowing an eviction to take

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place before the matters can be argued and resolved.

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DISCUSSION
In order to resolve the conundrum caused by the foregoing factual circumstances, the

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court will offer the parties a choice. They can agree to find a way to be available for a February

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2, 2018, hearing that will permit resolution before the effectuation of the eviction Order defendant

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has presented to plaintiff. Alternatively, the parties may stipulate to maintain the status quo until

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April 2, 2018 so that the matter can be heard on the date on which both parties have indicated

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they are available for hearing.

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In light of the foregoing IT IS HEREBY ORDERED that:

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Within 48 hours from the issuance of this Order the parties shall notify the court,

in a joint statement, whether they elect:
a.

To attend a hearing on February 2, 2018 at 9:00 a.m. in Courtroom 9, 13th

Floor, United States District Court, 501 I Street, Sacramento; or
b.

To stipulate to the status quo regarding plaintiff’s ability to reside in her
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apartment up to and including April 2, 2018, and have the hearing on all outstanding

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motions on March 15, 2018 at 9:00 a.m.

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c.

The undersigned’s courtroom deputy will give telephonic notice to the

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parties regarding the contents of this order as soon as possible.

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IT IS SO ORDERED.

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Dated: January 23, 2018
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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