National Federation of the Blind et al v. Target Corporation

Filing 146

MOTION for Leave to File Administrative Motion for Leave to File Statement of Recent Decision filed by Target Corporation. (Attachments: # 1 Exhibit A)(Paszek, Kristina) (Filed on 9/21/2007)

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National Federation of the Blind et al v. Target Corporation Doc. 146 Case 3:06-cv-01802-MHP Document 146 Filed 09/21/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HAROLD J. McELHINNY (CA SBN 66781) MATTHEW I. KREEGER (CA SBN 153793) KRISTINA PASZEK (CA SBN 226351) HMcElhinny@mofo.com MKreeger@mofo.com KPaszek@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 Attorneys for Defendant TARGET CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION NATIONAL FEDERATION OF THE BLIND, the NATIONAL FEDERATION OF THE BLIND OF CALIFORNIA, on behalf of their members, and Bruce F. Sexton, on behalf of himself and all others similarly situated, Plaintiffs, Case No. C 06-01802 MHP TARGET CORPORATION'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE STATEMENT OF RECENT DECISION Judge: Hon. Marilyn Hall Patel v. TARGET CORPORATION, Defendant. TARGET'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE STATEMENT OF RECENT DECISION CASE NO. C 06-01802 MHP sf-2392480 Dockets.Justia.com Case 3:06-cv-01802-MHP Document 146 Filed 09/21/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Civil Local Rules 7-3(d) and 7-11, Defendant Target Corporation moves for leave to file the Statement of Recent Decision attached as Exhibit A. On September 18, 2007, the California Court of Appeals issued a ruling, Urhausen v. Longs Drug Stores California, Inc., No. A113937, --- Cal. Rptr. 3d ---, 2007 WL 2702927 (Cal. Ct. App. Sept. 18, 2007), regarding the Disabled Persons Act, Cal. Civ. Code 54 et seq. The ruling is relevant to two motions pending in the instant litigation: Plaintiffs' motion for class certification and Defendant's motion for summary judgment. Because the hearing regarding these motions has already occurred, Civil Local Rule 7-3(d) does not authorize the filing of a statement of recent decision absent leave of Court. Target respectfully urges the Court to grant it leave to file the attached Statement of Recent Decision because consideration of the Urhausen ruling will assist the Court in ruling on the class certification and summary judgment motions. The Urhausen ruling sheds light on pertinent issues of California law, including the injury and standing requirements under the Disabled Persons Act and what it means to be "denied full and equal access" under that statute. Dated: September 21, 2007 HAROLD J. McELHINNY MATTHEW I. KREEGER KRISTINA PASZEK MORRISON & FOERSTER LLP By: /s/ Kristina Paszek Kristina Paszek Attorneys for Defendant TARGET CORPORATION TARGET'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE STATEMENT OF RECENT DECISION CASE NO. C 06-01802 MHP sf-2392480 1

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