Dytch v. Yoon
DISCOVERY ORDER re 27 Letter filed by Albert Dytch. Signed by Judge Maria-Elena James on 11/10/2011. (cdnS, COURT STAFF) (Filed on 11/10/2011)
Telephone (925) 672-8452
Filed11/10/11 Page1 of 2
THOM AS N. STEW ART, III
e-mail T_STEW_3 @
Attorney at Law
369 Blue Oak Lane, 2nd Floor
Clayton, CA 94517
November 10, 2011
Magistrate Maria-Elena James
Courtroom B; 15th Floor
San Francisco, Ca
Re: Dytch v. Yoon - CV-2915 MEJ
Dear Magistrate James::
This letter is filed to comply with your standing order re discovery disputes.
This action is brought pursuant to the Americans with Disabilities Act. Plaintiff alleges that he
is a disabled wheelchair user. Defendant owns the property in Oakland where a Restaurant is
operated. Plaintiff alleges that on April 17, 2010 he patronized the Restaurant and encountered
violations of the ADA. Plaintiff seeks an injunction, damages and attorneys’ fees.
This Action was set to be mediated in August 2011. However, right before the mediation was to
take place, the parties entered into a settlement agreement. Pursuant to the agreement, money
was to be paid by September 17, 2011. Payment of agreed upon money was stated in the
agreement to be material. Pursuant to the agreement, if the money was not paid, the Action
would continue. The money still has not been paid.
On September 20, 2011, Plaintiff propounded Interrogatories to the Defendant. Plaintiff has
made attempts to induce the Defendant to serve Answers to the Interrogatories. These attempts
have been e-mails, telephone conversations and the required “meet and confer”. Still, no
Answers to the Interrogatories have been served.
Defendant is obligated to serve Answers to the Interrogatories, but has not done so.
Defendant is obligated to serve Answers to the Interrogatories pursuant to FRCP 33.
Filed11/10/11 Page2 of 2
Magistrate Judge Maria-Elena James
Re: 11-2915 Discovery Dispute letter
November 10, 2011
Page -2Defendant’s Position
Defendant does not have a position.
Very truly yours,
S/Thomas N. Stewart, III
S/David B. Whitman
THOMAS N. STEWART, III
DAVID B. WHITMAN
As there is no indication that the parties have met and conferred in person, the Court shall not
consider Plaintiff's letter. The dispute may be resubmitted in compliance with the undersigned's
discovery standing order, and specifically all requirements listed in paragraph 2.
IT IS S
Dated: November 10, 2011
D IS T IC T O
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