National Federation of the Blind et al v. Target Corporation

Filing 21

STIPULATION AND PROPOSED ORDER by Target Corporation. (Naeve, Robert) (Filed on 5/10/2006)

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National Federation of the Blind et al v. Target Corporation Doc. 21 Case 3:06-cv-01802-MHP Document 21 Filed 05/10/2006 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ROBERT A. NAEVE (CA SBN 106095) RNaeve@mofo.com MORRISON & FOERSTER LLP 19900 MacArthur Boulevard Irvine, California 92612-2445 Telephone: (949) 251-7500 Facsimile: (949) 251-0900 (Additional Counsel on Signature Page) Attorneys for Defendant TARGET CORPORATION LAWRENCE W. PARADIS (CA SBN 122336) lparadis@dralegal.org MAZEN M. BASRAWI (CA SBN 235475) mbasrawi@drlegal.org DISABILITY RIGHTS ADVOCATES 2001 Center Street, Third Floor Berkeley, CA 94704 Telephone: (510) 665-8644 Facsimile: (510) 665-8716 TTY: (510) 665-8716 (Additional Counsel on Signature Page) Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 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. C06-01802 MHP PUTATIVE CLASS ACTION JOINT STIPULATION AND [PROPOSED] ORDER: (1) CONTINUING THE HEARING ON NFB'S MOTION FOR PRELIMINARY INJUNCTION; 20 v. 21 TARGET CORPORATION, 22 Defendant. 23 24 25 26 27 28 (2) CONTINUING THE HEARING ON TARGET'S MOTION TO DISMISS; AND (3) GRANTING TARGET LEAVE TO TAKE LIMITED DISCOVERY [Local Rule 6-2, 7-11] JOINT STIPULATION AND [PROPOSED] ORDER RE: TARGET'S MOTION TO DISMISS AND NFB'S MOTION FOR PRELIMINARY INJUNCTION (Case No. 06-01802 MHP) la-857999 Dockets.Justia.com Case 3:06-cv-01802-MHP Document 21 Filed 05/10/2006 Page 2 of 3 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 1. RECITALS On April 27, 2006, Defendant Target Corporation ("Target") filed a Rule 12(b)(6) Motion to Dismiss ("Target's Motion") pursuant to this Court's April 13, 2006 Order granting Target leave to do so. Target's Motion is currently scheduled for hearing on June 5, 2006. 2. On May 8, 2006, Plaintiffs National Federation of the Blind, the National Federation of the Blind of California and Bruce F. Sexton ("NFB") filed a Motion for Preliminary Injunction ("NFB's Motion") pursuant to this Court's May 2, 2006 Order granting NFB leave to do so. NFB's Motion is currently scheduled for hearing on June 12, 2006. 3. Because NFB's Motion is scheduled for hearing on June 12, 2006, Local Rule 7-3, allows Target only two weeks to respond to NFB's Motion. The parties agree to continue the hearing on NFB's Motion to June 26, 2006 at 2:00 p.m. to allow Target additional time to take limited discovery and prepare a response. 4. Paragraph 2 of General Order 56, applicable to cases brought under the Americans with Disabilities Act such as this, stays all discovery until this Court orders otherwise. 5. The parties agree to lift the stay imposed by General Order 56 for the limited purpose of allowing Target to depose up to five of the individuals who submitted declarations in support of NFB's Motion. 6. The parties also agree, in the interests of efficiency and judicial economy, to continue the hearing on Target's Motion to June 26, 2006 at 2:00 p.m., so that it can be heard at the same time as NFB's Motion. 7. necessary. STIPULATION THEREFORE, the parties hereby stipulate as follows: 1. 2:00 p.m. 2. 2:00 p.m. JOINT STIPULATION AND [PROPOSED] ORDER RE: TARGET'S MOTION TO DISMISS AND NFB'S MOTION FOR PRELIMINARY INJUNCTION (Case No. 06-01802 MHP) la-857999 Target reserves its right to seek additional time to respond to NFB's Motion, if The hearing date on NFB's Motion shall be continued to June 26, 2006 at The hearing date on Target's Motion shall also be continued to June 26, 2006 at 3 Case 3:06-cv-01802-MHP Document 21 Filed 05/10/2006 Page 3 of 3 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 3. The due dates for the opposition and reply briefs on both NFB's Motion and Target's Motion shall be calculated pursuant to Local Rule 7-3 (a) and (c), based upon the June 26, 2006 hearing date. 4. The discovery stay imposed by General Order 56 shall be lifted for the limited purpose of allowing Target to depose up to five of the individuals who offered declarations in support of NFB's Motion for Preliminary Injunction. Dated: May 10, 2006 ROBERT A. NAEVE DAVID F. MCDOWELL MICHAEL J. BOSTROM MORRISON & FOERSTER LLP By: /s/ Robert A. Naeve Attorneys for Defendant TARGET CORPORATION Dated: May 10, 2006 DISABILITY RIGHTS ADVOCATES SCHNEIDER & WALLACE BROWN, GOLDSTEIN & LEVY, LLP By: /s/ Laurence W. Paradis Attorneys for Plaintiffs PURSUANT TO STIPULATION, IT IS SO ORDERED Dated May __, 2006 Honorable Marilyn Hall Patel United States District Court Judge JOINT STIPULATION AND [PROPOSED] ORDER RE: TARGET'S MOTION TO DISMISS AND NFB'S MOTION FOR PRELIMINARY INJUNCTION (Case No. 06-01802 MHP) la-857999 4

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