Johnson v. Starbucks Corporation

Filing 29

STIPULATION and ORDER signed by District Judge John A. Mendez on 6/4/19 ORDERING that this case is stayed pending the outcome of Plaintiff's appeal. (Kaminski, H)

1
2
3
4
5
6
7
8

Cathy L. Arias, State Bar No. 141989
Arthur S. Gaus, State Bar No. 289560
Patrick M. Callahan, State Bar No. 219419
BURNHAM BROWN
A Professional Law Corporation
P.O. Box 119
Oakland, California 94604
--1901 Harrison Street, 14th Floor
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
[e-mail]

9
10
11
12
13
14
15
16
17

Attorneys for Defendant
STARBUCKS CORPORATION
CENTER FOR DISABILITY ACCESS
Raymond G. Ballister, Jr., Esq., SBN 111282
Phyl Grace, Esq., SBN 171771
Elliott Montgomery, Esq., SBN 279451
Mail: PO Box 262490
San Diego, CA 92196-2490
Delivery: 9845 Erma Road, Suite 300
San Diego, CA 92131
[phone]; [phone] fax
[e-mail]
Attorneys for Plaintiff

18

UNITED STATES DISTRICT COURT

19

EASTERN DISTRICT OF CALIFORNIA

20

SCOTT JOHNSON,

21
22
23
24
25

Plaintiff,

No. 2:18-cv-00395-JAM-EFB

v.

JOINT STIPULATION TO STAY THE
CASE PENDING APPEAL AND
ORDER

STARBUCKS
CORPORATION,
A
Washington Corporation; AND DOES 1-10,

Honorable John A. Mendez

Defendants.

26
27
28

Plaintiff SCOTT JOHNSON and Defendant STARBUCKS CORPORATION submit the
following joint stipulation to stay the case pending Plaintiff’s appeal.
Whereas, this action is scheduled for trial on September 30, 2019;
1
JOINT STIPULATION TO DEFER DISCOVERY AND (PROPOSED) ORDER

No.2:18-cv-00395-JAM-EFB

1

Whereas, the central issue in this case is whether Starbucks is required to provide 36 inches

2

of clear space on its transaction counters in order to comply with the Americans with Disabilities

3

Act (ADA);

4

Whereas, in the case of Scott Johnson v. Blackhawk Centercal, LLC, et al., 3:17-cv-02454-

5

WHA, the Honorable William Alsup granted summary judgment to Starbucks finding that the

6

ADA does not require Starbucks to provide 36 inches of clear space on its transaction counters.

7

Judge Alsup made this ruling after requesting that the Department of Justice provide an Amicus

8

Brief on the clear space issue. The Department of Justice determined that the ADA accessibility

9

guidelines do not require Starbucks to provide 36 inches of clear space;

10
11

Whereas, following Judge Alsup’s Order in favor of Starbucks, Plaintiff has appealed the
judgment;

12

Whereas, the parties jointly agree and stipulate that any substantive decision on the Appeal

13

in Scott Johnson v. Blackhawk Centercal LLC, et al., 3:17-cv-02454-WHA, would be dispositive

14

of the central issue remaining for trial in the instant case.

15
16
17

Consequently, the parties request this Court to stay the case until the appeal in Scott
Johnson v. Blackhawk Centercal LLC, et al., 3:17-cv-02454-WHA, is decided.
SO STIPULATED.

18
19

DATED: June 4, 2019

BURNHAM BROWN

20
/s/ Cathy L. Arias______________
CATHY L. ARIAS
ARTHUR S. GAUS
PATRICK M. CALLAHAN
Attorneys for Defendant
STARBUCKS CORPORATION

21
22
23
24
25

DATED: June 4, 2019

CENTER FOR DISABILITY ACCESS

26
27
28

_/s/ Elliott Montgomery_________
ELLIOTT MONTGOMERY
Attorneys for Plaintiff
SCOTT JOHNSON
2
JOINT STIPULATION TO DEFER DISCOVERY AND (PROPOSED) ORDER

No.2:18-cv-00395-JAM-EFB

1

ORDER

2
3
4
5
6
7
8
9

Having read the foregoing joint stipulation, and for good cause found this case is stayed
pending the outcome of Plaintiff’s appeal. Within 14 days of a resolution of the appeal in Scott
Johnson v. Blackhawk Centercal, LLC, et al., 3:17-cv-02454-WHA, the parties shall submit a Joint
Status Report reporting all issues, if any, remaining in this matter.
IT IS SO ORDERED.
DATED: June 4, 2019

/s/ John A. Mendez________________________
HON. JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
JOINT STIPULATION TO DEFER DISCOVERY AND (PROPOSED) ORDER

No.2:18-cv-00395-JAM-EFB