Grutman v. Regents of the University of California et al

Filing 38

STIPULATION AND ORDER ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT REGARDING STATUTORY DAMAGES UNDER UNRUH CIVIL RIGHTS ACT. File Motions by 4/22/11. Responses due by 5/6/2011. Replies due by 5/13/2011. Hearing date will be set by the Court after completion of briefing. Signed, as modified, by Judge Joseph C. Spero on 04/05/11. (klhS, COURT STAFF) (Filed on 4/5/2011)

Grutman v. Regents of the University of California et al

Doc. 38

Case3:10-cv-02347-JCS Document37

Filed04/01/11 Page1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

MICHAEL D. BRUNO (SBN 166805) JEROME SCHREIBSTEIN (SBN154051) GORDON & REES LLP Embarcadero Center West 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, TODD MCGREGOR and JAMES JACOBS (EXEMPT FROM FEES, GOV. CODE § 6103) DAVID A. STEVENS (SBN 054635) 3115 Fourth Avenue San Diego, CA 92103 Telephone: [phone] Facsimile: [phone] EHUD GERSTEN (SBN 236159) Gersten Law Group 3115 Fourth Avenue San Diego, CA 92103 Telephone: [phone] Attorneys for Plaintiff NETTA GRUTMAN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NETTA GRUTMAN, Plaintiff, v. CASE NO. 10-02347 JCS STIPULATION AND [PROPOSED] ORDER ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT REGARDING STATUTORY DAMAGES UNDER UNRUH CIVIL RIGHTS ACT

22 23 24 25 26 27 28 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, et al., Defendants.

1
STIPULATION AND ORDER ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT REGARDING STATUTORY DAMAGES UNDER UNRUH CIVIL RIGHTS ACT (CASE NO. 10-02347 JCS)

Dockets.Justia.com

Case3:10-cv-02347-JCS Document37

Filed04/01/11 Page2 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

STIPULATION IT IS HEREBY STIPULTED BETWEEN PLAINTIFF NETTA GRUTMAN AND DEFENDANTS, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, TODD MCGREGOR AND JAMES JACOBS, THROUGH THEIR RESPECTIVE COUNSEL, AS FOLLOWS: WHEREAS, Plaintiff has included in her Complaint, at her fourth claim for relief, an allegation that defendants violated the Unruh Civil Rights Act, California Civil Code sections 51 et seq. (UCRA), including the allegation that Plaintiff is minimally entitled to "$4,000 for each incident of deterrence" in violation of the UCRA; WHEREAS, Plaintiff contends that, under the UCRA, she is entitled to said minimal recovery for each and every instance in which she can demonstrate that she was denied legally required equal access to the subject premises and Defendants contend that such recovery is not, as a matter of law, available; WHEREAS, the parties agree that the disposition of this issue as a matter of partial summary judgment under Federal Rule of Civil Procedure 56(a), (b) will aid the litigants and the Court in the efficient adjudication of this matter; WHEREAS, the parties agree that the summary disposition of this issue shall be without prejudice to the parties' rights to seek further relief in this case under the provisions of Federal Rule of Civil Procedure 56, specifically including a subsequent motion for summary judgment and/or partial summary judgment; and WHEREAS, the parties have agreed to the following briefing schedule: (1) opening briefs shall be filed on/before April 22, 2011; and (2) response briefs shall be filed on/before May 6, 2011. The parties propose that the matter be heard on May 27, 2011 at 9:30 a.m. // // // // 2
STIPULATION AND ORDER ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT REGARDING STATUTORY DAMAGES UNDER UNRUH CIVIL RIGHTS ACT (CASE NO. 10-02347 JCS)

Case3:10-cv-02347-JCS Document37

Filed04/01/11 Page3 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

IT IS SO AGREED. Dated: April 1, 2011 GORDON & REES LLP

By: /S/ MICHAEL D. BRUNO JEROME SCHREIBSTEIN Attorneys for Defendant THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, TODD MCGREGOR and JAMES JACOBS Dated: April 1, 2011 GERSTEN LAW GROUP

By: /S/ EHUD GERSTEN Attorneys for Plaintiff NETTA GRUTMAN Dated: April 1, 2011 By: /S/ DAVID A. STEVENS Attorneys for Plaintiff NETTA GRUTMAN ORDER BASED ON THE FOREGOING AND GOOD CAUSE OTHERWISE APPEARING, the Court Orders that, with respect to the parties' cross-motions for partial summary judgment on the issue of available minimum statutory damages under the California Unruh Civil Rights Act, Cal. Motions shall be filed on or Opposition Civ. Code § et seq., (1) opening briefs shall be filed on/before April 22, 2011; and (2) response Reply briefs shall be filed on/before May 13, 2011. briefs shall be filed on/before May 6, 2011. The matter shall be heard on May 27, 2011 at 9:30 a.m. Hearing on the cross-motions will be set by the Court after completion of briefing. IT IS SO ORDERED. Dated: April 5, 2011 By:
UNIT ED
ISTRIC ES D TC AT T

25 26 27 28

RT U O

United States Magistrate Judge o 3
STIPULATION AND ORDER ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT REGARDING E STATUTORY DAMAGES UNDER UNRUH CIVIL RIGHTSR N (CASE NO. F C ACT 10-02347 JCS)
H
A

D IS T IC T O R

LI

FO

Judge Jo

seph C.

Sper

R NIA

ERED O ORD IT IS SJoseph ED Spero IFI C. Honorable MOD AS
NO

S

RT