National Federation of the Blind et al v. Target Corporation

Filing 23

STIPULATION and [proposed] order by Target Corporation. (Naeve, Robert) (Filed on 6/1/2006)

Download PDF
National Federation of the Blind et al v. Target Corporation Doc. 23 Case 3:06-cv-01802-MHP Document 23 Filed 06/01/2006 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 AND TARGET'S MOTION TO DISMISS; (2) AMENDING BRIEFING SCHEDULE ON BOTH MOTIONS; AND (3) GRANTING THE PARTIES LEAVE TO TAKE ADDITIONAL DISCOVERY [Local Rule 6-2] 20 v. 21 TARGET CORPORATION, 22 Defendant. 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER RE: TARGET'S MOTION TO DISMISS AND NFB'S MOTION FOR PRELIMINARY INJUNCTION (Case No. 06-01802 MHP) la-861335 Dockets.Justia.com Case 3:06-cv-01802-MHP Document 23 Filed 06/01/2006 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 Pursuant to the parties' stipulation, this Court's May 11, 2006 order consolidated and continued to June 26, 2006 the hearings on Defendant Target Corporation's ("Target") motion to dismiss the amended complaint on file in this action ("Target's Motion") and on Plaintiffs National Federation of the Blind, the National Federation of the Blind of California and Bruce F. Sexton's ("NFB") motion for preliminary injunction ("NFB's Motion"). The Order also granted Target leave from the stay imposed by General Order 56 to depose five individuals who offered declarations in support of NFB's motion for preliminary injunction. 2. The parties agree the stay imposed by General Order 56 should be further lifted (1) to allow Target to depose four additional witnesses who have offered declarations in support of NFB's Motion (to expedite matters, the parties have already commenced these depositions); and (2) to allow NFB to depose any witnesses who offer declarations in support of Target's opposition to NFB's Motion. 3. The parties also agree that the hearing on both Target's Motion and NFB's Motion should be continued from June 26, 2004 to July 24, 2006 at 2:00 p.m., pursuant to the schedule outlined below, in order to allow the parties additional time to take discovery in connection with NFB's Motion and to and prepare and file opposition and reply memoranda in connection with NFB's Motion and Target's Motion. 4. Motion. STIPULATION THEREFORE, the parties hereby stipulate as follows: 1. The hearing date on NFB's Motion and Target's Motion shall be continued to The parties agree that the continuance does not affect the timeliness of NFB's July 24, 2006 at 2:00 p.m. 2. NFB's opposition to Target's Motion and Target's opposition to NFB's Motion shall be filed on or before June 12, 2006. Reply briefs shall be filed on or before July 10, 2006. /// /// JOINT STIP. AND [PROPOSED] ORDER RE: TARGET'S MOTION TO DISMISS AND NFB'S MOTION FOR PRELIMINARY INJUNCTION (Case No. 06-01802 MHP) la-861335 1 Case 3:06-cv-01802-MHP Document 23 Filed 06/01/2006 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 stay imposed by General Order 56 is further lifted to allow Target to depose four additional witnesses who offered declarations in support of NFB's Motion and to allow NFB to depose those witnesses who will offer declarations in support of Target's opposition to NFB's Motion. Dated: June 1, 2006 ROBERT A. NAEVE DAVID F. MCDOWELL MICHAEL J. BOSTROM MORRISON & FOERSTER LLP By: /s/ Robert A. Naeve Attorneys for Defendant TARGET CORPORATION Dated: June 1, 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 June __, 2006 Honorable Marilyn Hall Patel United States District Court Judge JOINT STIP. AND [PROPOSED] ORDER RE: TARGET'S MOTION TO DISMISS AND NFB'S MOTION FOR PRELIMINARY INJUNCTION (Case No. 06-01802 MHP) la-861335 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?