Imperiale v. City of South San Francisco

Filing 15

ORDER GRANTING 14 Stipulation Seeking Referral to Magistrate Judge Elizabeth Laporte for a Settlement Conference. Signed by Judge Jeffrey S. White on 7/10/12. (jjoS, COURT STAFF) (Filed on 7/10/2012)

Case3:10-cv-04932-JSW Document14 Filed07/10/12 Page1 of 3

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TIMOTHY S. THIMESCH, ESQ., No. 148213
158 Hilltop Crescent
Walnut Creek, CA 94597-3452
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff PAUL IMPERIALE
MARK F. HAZELWOOD, Esq. (SBN 136521)
DIRK D. LARSEN, Esq. (SBN 246028)
LOW, BALL & LYNCH
505 Montgomery Street, 7th Floor
San Francisco, California 94111-2584
Telephone [phone]
Facsimile ( 415) 982-1634

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Attorneys for Defendant CITY OF SOUTH SAN FRANCISCO
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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PAUL IMPERIALE,

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CASE NO. 3:10-cv-04932-JSW
Civil Rights

Plaintiff,

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v.

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CITY OF SOUTH SAN FRANCISCO; and
DOES 1 through 50, Inclusive,

STATUS REPORT AND STIPULATION
AND [Proposed] ORDER SEEKING
REFERRAL TO MAGISTRATE JUDGE
ELIZABETH LAPORTE FOR A
SETTLEMENT CONFERENCE

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Defendants.
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/

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The is a disputed liability case brought under Title II of the Americans With Disabilities

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Act, involving issues of historical fabric at the City Hall complex is South San Francisco. The

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parties continue to cooperate in implementing General Order 56. At the time of this statement,

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Plaintiff represents that he has provided an expert report to Defendant. The parties have also

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conducted the required inspection/meeting with consultants and counsel. At least one of the

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major site issues has already been resolved, and agreements appear possible on other issues.

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In order to maintain the momentum toward settlement and to assist the parties in their

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negotiations, the parties request referral of this matter to a judicial settlement conference before a
Stipulation and Order For Referral to Settlement Conference:
Case No. 3:10-cv-04932-JSW

Case3:10-cv-04932-JSW Document14 Filed07/10/12 Page2 of 3

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magistrate judge. There is substantial good cause. The claims involve alleged barriers to access

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at the City Hall Complex, which is a square block area. The parties believe that a magistrate

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judge may be effective at dealing with the factual and legal issues, and the impasse that exists as

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to certain injunctive relief claims. The parties suggest referral of this matter to Magistrate Judge

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Elizabeth Laporte, whose staff has already indicated availability for a Settlement Conference on

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Stipulation and Order For Referral to Settlement Conference:
Case No. 3:10-cv-04932-JSW

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Case3:10-cv-04932-JSW Document14 Filed07/10/12 Page3 of 3

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July 18, 2012, i.e., subject to this Court’s approval.
SO STIPULATED.

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Dated: July 10, 2012

THIMESCH LAW OFFICES
TIMOTHY S. THIMESCH

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/s/ Authorized Signed
Attorneys for Plaintiff PAUL IMPERIALE

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Dated: July 10, 2012

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MARK F. HAZELWOOD, ESQ.
DIRK D. LARSEN, ESQ.
LOW, BALL & LYNCH
/s/ Authorized Signed
Attorneys for Defendant
CITY OF SOUTH SAN FRANCISCO

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ORDER

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SO ORDERED.
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Dated: July 10, 2012
HON. JEFFREY S. WHITE
JUDGE FOR U.S. DISTRICT COURT

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cc: Magistrate Judge Laporte, Magistrate
Referral Clerk

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Stipulation and Order For Referral to Settlement Conference:
Case No. 3:10-cv-04932-JSW

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