Yates v. Sweet Potato Enterprise, Inc. et al

Filing 150

FINAL PRETRIAL ORDER. Signed by Judge Beeler on 9/18/2014. (Beeler, Laurel) (Filed on 9/19/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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San Francisco

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For the Northern District of California

United States District Court

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CRAIG YATES, an individual,

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No. C 11-01950 LB

Plaintiff,
v.

FINAL PRETRIAL ORDER

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SWEET POTATO ENTERPRISE, INC., a
California Corporation dba POPEYES
STORE #2794; and KUAN L. NG and
HELEN L. NG, Trustees, of THE KUAN L.
NG AND HELEN L. NG REVOCABLE
TRUST OF 1993,
Defendants
___________________________________/

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The Court held a pretrial conference on September 18, 2014, sets a follow-up conference on

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October 2, 2014, at 11 a.m., and issues this final pretrial order pursuant to Federal Rule of Civil

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Procedure 16(e). The parties' joint proposed pretrial order is adopted except as modified by this

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order.

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I. SITE VISIT AND ADDITIONAL PRETRIAL CONFERENCE

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At the pretrial conference, the parties discussed the remodel of the restaurant. The parties agreed

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that they would conduct a joint site visit with their experts on Tuesday, September 23, 2014, at 4:00

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p.m. (assuming Defendants’ counsel’s schedule permits that visit) and will submit a revised

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stipulation of undisputed facts by September 24, 2014. The revised stipulation must contain all the

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parties’ stipulated undisputed facts, including those that the parties stipulated to in ECF No. 135.
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The new stipulation will supersede the previously-filed stipulation, and the court will not consider

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any earlier-filed stipulations.

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As discussed at the pretrial hearing, the court expects that the parties will stipulate to all relevant

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facts about the facility that are undisputed, both at the time of Mr. Yates’s earlier visits and now.

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Facts such as measurements, facility configuration, and the like are objective facts that each expert

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must consider, and it is likely that the parties cannot reasonably dispute them. The parties’

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stipulation must have separate sections so that the court and the parties can see what is undisputed at

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the different relevant time periods.

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At the next pretrial conference on October 2, 2014, the parties must be prepared to discuss how
their revised stipulations affect their trial time estimate. In preparation for the conference, the

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For the Northern District of California

United States District Court

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parties also must discuss settlement and whether Defendants’ remodel (presumably required by the

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parent company for its franchise holders) removed any financial impediments to settlement. If

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settlement seems possible, then Plaintiff must make his best demand (including fees) to Defendants

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no later than one business day after the site visit. Under the current schedule, that should be on

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September 24, 2014. Defendants must respond by noon two days later, which under the current

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schedule is September 26, 2014.

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II. TRIAL DATE & LENGTH OF TRIAL

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A.

The bench trial will begin on October 6, 2014, in Courtroom C, 15th Floor, U.S. District

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Court, 450 Golden Gate Avenue, San Francisco, California. The trial will last one day and will

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begin at 8:30 a.m. Counsel must arrive at 8:15 a.m. to address any issues before the trial day begins.

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As discussed at the pretrial conference, it is the parties’ expectation that the further site visit will

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result in additional stipulated facts, which likely will shorten the trial to a half day.

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B.

The court approves the parties’ proposed time limits in their joint pretrial statement. See

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ECF No. 135 at 29-34. After the parties’ site visit on September 23, 2014, the parties must update

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their witness lists and trial estimates and file them simultaneously with their revised stipulation.

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III.

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PROCEDURE FOR EXHIBITS DURING TRIAL
Please refer to the court's April 21, 2014 pretrial order for the proper procedures regarding the

presentation of exhibits during trial. See ECF No. 110.
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IV. PROCEDURE FOR WITNESSES DURING TRIAL

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Please refer to the court's April 21, 2014 pretrial order for the proper procedures regarding the

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presentation of witness testimony during trial.

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V. CLAIMS REMAINING

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A.

The following claims remain to be tried in this matter:
Description

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Denial of access in violation of the Americans with Disabilities Act, 42 U.S.C. § 12201
et seq.

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Claim

Denial of access in violation of California Civil Code §§ 54, 54.1, and 54.3

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Denial of access in violation of the Unruh Civil Rights Act, Cal. Civil Code § 51 et seq.

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VI. MOTIONS IN LIMINE
The court previously ruled on the parties’ motions in limine. See ECF Nos. 65, 98.
VII. WITNESSES
The parties may call the witnesses on their separately-filed witness lists.
VIII. STIPULATIONS AND OBJECTIONS TO EVIDENCE

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A. Stipulations

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As discussed above and at the September 18, 2014 hearing, the parties will submit their revised

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stipulation of undisputed facts by September 24, 2014.

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B. Objections

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The parties filed objections to the exhibits. See ECF Nos. 144 and 145. Most objections stem

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from new evidence propounded about the modifications to the restaurant. The modifications, as

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everyone agreed at the hearing, are relevant to the scope of any remediation. The parties and the

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court devised the joint inspection process discussed above to address the problem. As to other

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objections to the allegedly late-disclosed expert reports, some reports were disclosed at least a year

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ago, others were disclosed at a time that did not result in prejudice, and any new expert opinions

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about the modifications to the restaurant are relevant and are not properly excluded. The parties

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may depose each other’s expert for an hour if they deem it necessary, and they must discuss the

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issue during their joint inspection.
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Thus, all objections to the evidence are overruled. The court also notes that it previously ruled

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on Exhibit 48. See ECF No. 98.

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IX. AUTHENTICITY, FOUNDATION, AND REVISED EXHIBIT LIST

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There are no objections based on foundation or authenticity. Accordingly, all exhibits will be

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admitted in evidence. That being said, to the extent that evidence is no longer relevant due to the

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site visit and the revised stipulation of undisputed facts, the parties must submit a revised exhibit list

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with only the exhibits that they intend to introduce at trial. They may not lodge exhibits already

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lodged. If there are new exhibits, they must bring two copies, three-hole punched and with exhibit

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tabs and numbered separators, to the pretrial conference on October 2, 2014, so that they may be

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inserted into the two binders that the parties lodged previously.
IT IS SO ORDERED.
Dated: September 19, 2014

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FINAL PRETRIAL ORDER
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__________________________
LAUREL BEELER
United States Magistrate Judge