Koussa v. Cromer et al

Filing 33

ORDER signed by District Judge Kimberly J. Mueller on 11/6/2017 ORDERING Plaintiff will forbear from propounding any discovery that seeks information concerning the financial status or wherewithal of the Stipulating Defendants; Plaintiff shall withdraw all discovery; Defendants may not assert its Sixteenth Affirmative Defense from the answer to plaintiff's complaint. (Reader, L)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

PAMELA KOUSSA,
Plaintiff,

11
12
13
14

v.
JEFFREY S. CROMER;
DIANE E. CROMER;
PACIFICA
PIZZA
INC.,
Corporation; and Does 1-10,
Defendants.

15
16
17
18

a

) Case No.: 2:16-CV-02793-KJM-CKD
)
)
)
) Order Regarding Joint Stipulation of Fact and
) Discovery
)
California)
)
)
)
)
)
)
)
)
)

19
ORDER

20
21

Plaintiff will forbear from propounding any discovery that seeks information concerning the

22

financial status, ability, or wherewithal of the Stipulating Defendants, subject to ECF No. 31. Plaintiff

23

shall withdraw all discovery already propounded concerning this information, including but not

24

limited to: Interrogatories, Set One, no. 4 and Requests for Production of Documents, Set One, no. 10.

25

Plaintiff reserves the right to seek financial information in support for a claim for punitive damages.

26

But Plaintiff will forbear from seeking that information until Plaintiff believes further discovery

27

information warrants raising a punitive damages claim against the Stipulating Defendants.

28
Order

-1-

Case No.: 2:16-CV-02793-KJM-CKD

1

Defendants, when determining whether the removal of a BARRIER is READILY

2

ACHIEVABLE, may not raise the following factors as a part of any READILY ACHIEVABLE

3

Defense: (1) Stipulating Defendant’s financial resources; (2) the facility’s financial resources; (3) the

4

“effect on expenses and resources”; and (4) impact on finances.

5
6

Further, Defendants may not assert its Sixteenth Affirmative Defense (Accommodations
Sought are Unreasonable and Economically Unfeasible) from the Answer to Plaintiff’s Complaint.

7
8

IT IS SO ORDERED.
DATED: November 6, 2017.

9
10
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order

-2-

Case No.: 2:16-CV-02793-KJM-CKD