Brooks v. Barcelino Continental Corp.

Filing 7

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)

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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 VALERIE BROOKS, 12 13 14 15 No. 2:20-cv-01832-KJM-KJN Plaintiff, v. ORDER BARCELINO CONTINENTAL CORP., Defendant. 16 17 Plaintiff initially commenced this action under the Americans with Disabilities Act 18 (“ADA”) on August 28, 2022. (ECF No. 1.) On December 14, 2020, defendant filed a Notice of 19 Appearance. (ECF No. 5.) 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 24 25 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 26 action. Settlement discussions require focus and preparation and should involve the 27 attorneys who will try the case and the person or persons having full authority to 28 negotiate and settle the case on any terms. Plaintiff should initiate settlement 1 1 discussions by providing a written itemization of damages and a meaningful 2 settlement demand that includes an explanation of why the demand is appropriate. 3 Defendant should respond with an acceptance of the offer or with a meaningful 4 counteroffer, and which includes an explanation of why the counteroffer is reasonable. 5 The parties should continue in this way until they reach settlement or have exhausted 6 informal settlement efforts. 7 3. If the parties have not been able to informally reach a settlement within 45 days, the 8 parties shall initiate participation in the court’s Voluntary Dispute Resolution Program 9 (“VDRP”) by contacting the court’s VDRP administrator, Sujean Park, at (916) 930- 10 4278 or, and file a notice on the court’s docket stating they 11 have contacted the VDRP administrator.1 12 4. The parties shall carefully review and comply with Local Rule 271, which outlines the 13 specifications and requirements of the VDRP. 14 5. No later than fourteen (14) days after completion of the VDRP session, the parties 15 shall jointly file their VDRP Completion Report, consistent with Local Rule 271(o). 16 17 IT IS SO ORDERED. DATED: January 6, 2021 18 19 20 21 22 23 24 25 26 27 28 1 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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