Freeman v. John F. Kennedy University et al

Filing 28

STIPULATION AND ORDER RESETTING CMC AND REFERRING CASE FOR SETTLEMENT CONFERENCE re 27 Proposed Order filed by Michai Freeman. Signed by Judge Edward M. Chen on 3/31/10. (bpf, COURT STAFF) (Filed on 3/31/2010)

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

TIMOTHY S. THIMESCH, ESQ. 148213 GENE A. FARBER, ESQ. 44215 ­ Of Counsel 158 Hilltop Crescent Walnut Creek, CA 94597-3452 Tel: [phone] [e-mail] [e-mail] Attorneys for Plaintiff MICHAI FREEMAN DANIEL R. FRIEDENTHAL, ESQ. (No. 136847) FRIEDENTHAL, HEFFERNAN & KLEIN, LLP 200 S. Los Robles Avenue Suite 410, Pasadena, CA 91101-5818 Telephone. [phone] Facsimile [phone] Email: [e-mail] Attorneys for Defendant JOHN F. KENNEDY UNIVERSITY MARK L. DAWSON, ESQ. (No. 166956) ERIC RITIGSTEIN, ESQ. (No. 249026) MIDDLEBROOK, KAISER, HENGESBACH & DAWSON 500 La Gonda Way, Suite 215 Danville, CA 94526 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Defendants BERKELEY BUSINESS CENTER II, L.P., formerly known as and appearing as Berkeley Business Center, L.P; and for HS MANAGEMENT ADVISORS, LLC, formerly known as and erroneously sued as Ashby Plaza, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MICHAI FREEMAN, Plaintiff, v. JOHN F. KENNEDY UNIVERSITY; BERKELEY BUSINESS CENTER, L.P.; ASHBY PLAZA LLC; and DOES 1 through 50,, Defendants. CASE NO. CV-09-1839 EMC Civil Rights STIPULATION AND [Proposed] ORDER FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; AND FOR REFERRAL TO MAGISTRATE JUDGE FOR A JUDICIAL SETTLEMENT CONFERENCE Case Management Conference: Date: April 7, 2010 Time: 1:30 PM Place: Courtroom C, 15th Fl. Judge: Hon. Edward M. Chen /

The parties request a 60 day continuance of the Case Management Conference scheduled for April 7, 2010 to permit completion of the also-requested judicial settlement conference. The parties are pleased to report that they have been cooperating. At the time of writing this

statement, the parties have already completed a joint site inspection of both campuses. This was attended by all parties, consultants and counsel as required by General Order 56. Plaintiff has
Stipulation and Order Continuing Case Management Conference: Case No. CV-09-1839 EMC

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

provided defendants with her demand as to remediations along with the reports of her principle access consultants Barry Atwood and Peter Margen, as well as proposed remediation drawings by general contractor consultant Karl Danz. Defendants have returned responsive reports as to both campuses by access consultant Kim Blackseth. Tentative agreements appear to have been

reached already on many issues. The parties are in the process of scheduling a final follow-up meeting under GO 56, which will occur within the next several weeks between all parties and consultants. This will attempt to resolve the remediation claims, after which the parties will immediately turn to negotiation of the remaining monetary claims. either resolution or impasse within the next 60 days. In order to maintain the momentum toward settlement and to assist the parties in their negotiations, the parties request referral of this matter to a judicial settlement conference before a magistrate judge. There is substantial good cause for a referral. This case is complicated by claims The parties believe the They anticipate reaching

pertaining to JFK's educational policies, practices and procedures.

divisive nature of these issues, the extended nature of the relationship between Ms. Freeman and JFK staff, as well as the substantial size of potential statutory damages, will require the firm assistance of a magistrate judge, who will be more effective at dealing with the factual and legal ////

Stipulation and Order Continuing Case Management Conference: Case No. CV-09-1839 EMC

--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

issues, as well as certain complexities regarding contribution. The parties suggest referral to the matter to magistrate judge Elizabeth La Porte.

Dated: March 31, 2010

THIMESCH LAW OFFICES TIMOTHY S. THIMESCH /s/ Authorized Signed Attorneys for Plaintiff MICHAI FREEMAN

Dated: March 31, 2010

DANIEL R. FRIEDENTHAL, ESQ. FRIEDENTHAL, HEFFERNAN & KLEIN, LLP. /s/ Authorized Signed Attorneys for Defendant JOHN F. KENNEDY UNIVERSITY

Dated: March 31, 2010

DAVID W. EVANS, ESQ. NAIRI PATERSON, ESQ. HAIGHT BROWN & BONESTEEL LLP MARK L. DAWSON, ESQ. ERIC RITIGSTEIN, ESQ. CRADDICK CANDLAND & CONTI /s/ Authorized Signed Attorneys for Defendants BERKELEY BUSINESS CENTER II, L.P., formerly known as and appearing as Berkeley Business Center, L.P; and for HS MANAGEMENT ADVISORS, LLC, formerly known as and erroneously sued as Ashby Plaza, LLC

ORDER SO ORDERED.
The CMC is reset from 4/7/10 at 1:30 pm to 7/14/10 at 1:30 p.m., and a joint CMC statement shall be filed by 7/7/10. This case is referred to Magistrate Judge Elizabeth D. Laporte for settlement conference. Settlement conference is to be held within 90 days. DISTRIC TC HON. EDWARD M. CHEN ATES
UNIT ED
T MAGISTRATE JUDGE FOR U.S. DISTRICT COURT

Dated: 3/31/10

RT U O

S

N

F D IS T IC T O R

A

Stipulation and Order Continuing Case Management Conference: Case No. CV-09-1839 EMC

ER

C

LI

--3--

FO

Judge E

dward M

. Chen

R NIA

ERED O ORD D IT IS S IFIE D AS MO

NO

RT

H