Brooks v. Barcelino Continental Corp.
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/6/2021 STAYING CASE except as set forth herein; VACATING all previously set deadlines and hearings; DIRECTING the parties to promptly meet and confer to discuss settlement of this action; DIRECTING the parties to initiate participation in the court's VDRP if they have not been able to informally reach a settlement within 45 days; and DIRECTING the parties to jointly file their VDRP Completion Report within 14 days after completion of the VDRP session. (Coll, A)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
BARCELINO CONTINENTAL CORP.,
Plaintiff initially commenced this action under the Americans with Disabilities Act
(“ADA”) on August 28, 2022. (ECF No. 1.) On December 14, 2020, defendant filed a Notice of
Appearance. (ECF No. 5.)
In the interest of avoiding the accumulation of fees and costs through potentially
unnecessary discovery and motion practice, and to allow the parties sufficient time to pursue an
early informal resolution of this matter, IT IS HEREBY ORDERED that:
1. This action is STAYED except as set forth herein and all previously set deadlines and
hearings are VACATED pending further order of the court.
2. The parties are directed to promptly meet and confer to discuss settlement of this
action. Settlement discussions require focus and preparation and should involve the
attorneys who will try the case and the person or persons having full authority to
negotiate and settle the case on any terms. Plaintiff should initiate settlement
discussions by providing a written itemization of damages and a meaningful
settlement demand that includes an explanation of why the demand is appropriate.
Defendant should respond with an acceptance of the offer or with a meaningful
counteroffer, and which includes an explanation of why the counteroffer is reasonable.
The parties should continue in this way until they reach settlement or have exhausted
informal settlement efforts.
3. 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
(“VDRP”) by contacting the court’s VDRP administrator, Sujean Park, at (916) 930-
4278 or SPark@caed.uscourts.gov, and file a notice on the court’s docket stating they
have contacted the VDRP administrator.1
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
shall jointly file their VDRP Completion Report, consistent with Local Rule 271(o).
IT IS SO ORDERED.
DATED: January 6, 2021
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.
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