Gray et al v. Golden Gate National Recreational Area et al

Filing 94

ORDER. Signed by Judge Laporte on 4/11/11. (edllc1, COURT STAFF) (Filed on 4/11/2011)

1
2
3
4
5
IN THE UNITED STATES DISTRICT COURT
6
FOR THE NORTHERN DISTRICT OF CALIFORNIA

7
8
9

LORI GRAY, et al.
Plaintiffs,

United States District Court
For the Northern District of California

10
11
12
13
14
15

No. C-08-00722 -EDL
ORDER STAYING EXPERT
DISCOVERY DEADLINES PENDING
RESOLUTION OF MOTION FOR CLASS
CERTIFICATION

v.
GOLDEN GATE NATIONAL
RECREATIONAL AREA, et al.
Defendants.

/

During the hearing on Plaintiff’s Motion for Class Certification on April 5, 2011, the Court

16

informed the parties that it intends to await the U.S. Supreme Court’s decision in Wal-Mart Stores v.

17

Dukes, No. 10-277, or until the end of the Supreme Court’s current term, before ruling on the

18

motion. The Court ordered the parties to meet and confer about what, if any, modifications to the

19

existing case schedule should be made in light of this potential short delay in the Court’s decision on

20

the motion for class certification. The parties agree that the minimal fact discovery that remains

21

to be done should proceed as scheduled, but expert discovery deadlines should be stayed to avoid

22

potential unnecessary expense. Good cause appearing, it is hereby ordered that the expert discovery

23

deadlines previously set by the Court are stayed, and will be re-set as necessary following the

24

Court’s ruling on Plaintiff’s motion for class certification.

25

During the April 5, 2011 hearing, the Court also ordered the parties to meet and confer about

26

potential modification of Plaintiff’s proposed class definition. The following shall be the operative

27

proposed class definition as the Court considers certification of the class, though Defendants

28

maintain that certification of even this modified class is inappropriate for the reasons stated in their
opposition to the Motion for Class Certification:

1
2
3
4
5

All persons with mobility and/or vision disabilities who are being denied
programmatic access under the Rehabilitation Act of 1973 due to barriers at park
sites owned and/or maintained by Golden Gate National Recreation Area.
For the purpose of class certification, persons with mobility disabilities are those
who use wheelchairs, scooters, crutches, walkers, canes, or similar devices to
assist their navigation. For purposes of class certification, persons with vision
disabilities are those who due to a vision impairment use canes or service animals
for navigation.

6
7

IT IS SO ORDERED.

8
9

Dated: April 11, 2011
ELIZABETH D. LAPORTE
United States Magistrate Judge

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2