Jankey et al v. Five Happiness Restaurant Inc et al

Filing 14

ORDER GRANTING PLAINTIFF'S REQUEST FOR TELEPHONIC APPEARANCE AT NOVEMBER 13, 2009 MEDIATION. Signed by Judge Maxine M. Chesney on November 12, 2009. (mmclc2, COURT STAFF) (Filed on 11/12/2009)

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THOMAS E. FRANKOVICH (State Bar #074414) A PROFESSIONAL LAW CORPORATION 4328 Redwood Hwy., Suite 300 San Rafael, CA 94903 Telephone: [phone] Facsimile: 415/674-9900 Attorneys for Plaintiffs LES JANKEY and DISABILITY RIGHTS ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU HELP OTHERS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA LES JANKEY, an individual; and DISABILITY RIGHTS, ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU HELP OTHERS, a California public benefit corporation, ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) FIVE HAPPINESS RESTAURANT INC., a ) California corporation; WILLIAM P. YANG) and MEI-MEI KOO YANG, husband and ) wife as community property, ) ) Defendants. ) ___________________________________ ) CASE NO. CV-08-2733-MMC DECLARATION OF THOMAS E. FRANKOVICH RE PLAINTIFFS' REQUEST FOR TELEPHONIC APPEARANCE AND [PROPOSED] ORDER

I, THOMAS E. FRANKOVICH, declare that I am an attorney duly licensed to practice in

22 all the courts in the state of California and if called as a witness and duly sworn, I would and 23 could competently testify to the following based upon my own personal knowledge: 24 1. That at all times relevant I was the attorney of record for plaintiffs LES JANKEY

25 and DISABILITY RIGHTS, ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU 26 HELP OTHERS in the above-entitled action which is a Title III Access Case. 27 /// 28
DECLARATION OF THOMAS E. FRANKOVICH RE PLAINTIFFS' REQUEST FOR TELEPHONIC APPEARANCE AND [PROPOSED] ORDER

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1 2 years. 3

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That I have personally known plaintiff LES JANKEY for more than fifteen (15)

3.

That plaintiff LES JANKEY is a disabled person within the meaning of the

4 Americans with Disabilities ("ADA") of 1990. 5 6 4. 5. That plaintiff LES JANKEY lives in Los Angeles, California. That a mediation pursuant to General Order 56 is set for November 13, 2009, in

7 San Francisco, California. 8 6. That on Monday, November 9, 2009, I was informed by plaintiff's sister that

9 plaintiff was hospitalized. 10 7. That on November 9, 2009, at approximately 11:00 a.m., I contacted Mr. Jankey.

11 He is an inpatient at Cedars Sinai Hospital in Los Angeles, California. 12 8. That plaintiff LES JANKEY informed me that this is his second hospitalization in

13 three (3) weeks. His most recent and current hospitalization took place on or about November 5, 14 2009, for an infected left foot caused by a burn from a heating device. 15 9. That plaintiff LES JANKEY informed me that he is being treated with intravenous

16 antibiotics and his hospitalization at Cedars Sinai was indefinite but that he hoped to be released 17 to home on November 12, 2009. 18 10. That plaintiff LES JANKEY informed me that his treating physician is Emmanuel

19 Sims. Plaintiff LES JANKEY informed me that he was told that when he would be released to go 20 home, that he would have to have a "pick line" placed in his body to transfer antibiotics 21 intravenously. 22 11. That plaintiff LES JANKEY informed me that his foot is very painful, raw in

23 places, and that he does not believe he could physically travel from Los Angeles to San Francisco, 24 California to attend the mediation but could and would participate via telephone. 25 /// 26 /// 27 /// 28
DECLARATION OF THOMAS E. FRANKOVICH RE PLAINTIFFS' REQUEST FOR TELEPHONIC APPEARANCE AND [PROPOSED] ORDER

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My office has contacted defense counsel, Jason G. Gong. Defense counsel has

2 agreed to allow plaintiff LES JANKEY to appear at the mediation telephonically. 3 I declare under penalty of perjury that the foregoing is true and correct. Executed on this

4 November 9, 2009, at San Rafael, California. 5 6 7 8 9 10 11 WHEREAS, based upon the declaration of Thomas E. Frankovich on behalf of plaintiff ORDER By: /s/ Thomas E. Frankovich Thomas E. Frankovich

12 LES JANKEY being hospitalized at Cedar in Los Angeles, California, indefinitely and request has 13 been made that plaintiff LES JANKEY is allowed to participate at the mediation telephonically, 14 IT IS HEREBY ORDERED that plaintiff LES JANKEY may attend the Mediation set for 15 November 13, 2009 at 11:30 a.m. telephonically. 16 17 November 12 18 DATED: _________________, 2009 19 20 21 22 23 24 25 26 27 /// 28
DECLARATION OF THOMAS E. FRANKOVICH RE PLAINTIFFS' REQUEST FOR TELEPHONIC APPEARANCE AND [PROPOSED] ORDER

By:_____________________________________ HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

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