Maguire v. City of Santa Rosa

Filing 13

ORDER GRANTING 12 Stipulation ORDER ENLARGING TIME FOR COMPLIANCE WITH GENERAL ORDER 56. Signed by Judge Jeffrey S. White on 9/1/11. (jjoS, COURT STAFF) (Filed on 9/1/2011)

Case3:11-cv-02352-JSW Document12

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Filed09/01/11 Page1 of 3

CAROLINE L. FOWLER, City Attorney (SBN 110313)
JOHN J. FRITSCH, Assistant City Attorney (SBN 172182)
City of Santa Rosa
100 Santa Rosa Avenue, Room 8
Santa Rosa, California 95404
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
CITY OF SANTA ROSA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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COLLEEN MAGUIRE,
Plaintiff,

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CASE NO. C11-02352 JSW
STIPULATION AND [PROPOSED]
ORDER ENLARGING TIME FOR
COMPLIANCE WITH GENERAL
ORDER 56

v.
CITY OF SANTA ROSA, AND DOES 1
through 10, inclusive,

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[DEMAND FOR JURY TRIAL]
Defendants.

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/

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The parties respectfully request an enlargement of time in which to meet and

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confer regarding settlement of the action pursuant to Paragraph 4 of General Order 56

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as follows:

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RECITALS
Whereas the Complaint for Damages and Injunctive Relief (Title II Americans

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with Disabilities Act and related state claims) was filed on May 12, 2011, and defendant

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timely answered;

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Whereas the complaint alleges, in part, deficiencies in paths of travel at sidewalks
and related public improvements in City;
Whereas plaintiff prepared and circulated a 24 page “Draft Preliminary Barriers
Report”;
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Stipulation and [Proposed] Order Enlarging Time re GO 56, Case No. C11-02352 JSW

Case3:11-cv-02352-JSW Document12

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Filed09/01/11 Page2 of 3

Whereas plaintiff’s consultant Karl Danz, defendant’s consultant Kim Blackseth,

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City’s ADA Coordinator Mardell Morrison, City’s Supervising Engineer Stephen

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Dittmer, and counsel conducted a joint site inspection at more than 60 locations in City

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on August 24, 2011;

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Whereas City has initiated, and is continuing, a multi-departmental search for

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documents related to ownership, maintenance and alteration history of the

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improvements in question and has compiled voluminous documents to date;

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Whereas General Order 56, Par. 4 mandates that the parties meet in person to
meet and confer regarding settlement within 10 days of the joint site inspection (in this
case, September 5, 2011).

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Whereas City intends to prepare and offer a detailed written response to
plaintiff’s Report;

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Whereas the work of compiling City documents and a defense response will
require many man-hours;

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Whereas the available man-hours in the City Attorney’s Office are limited, and it
is impossible to prepare a response in the mandated time period;

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Therefore, it is stipulated and agreed herein by and between the parties that the

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time for City to prepare its response and to then meet and confer shall be enlarged. City

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shall prepare its response, and the parties shall meet and confer, no later than

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December 2, 2011.

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Dated:

8/31

/s/

, 2011

John J. Fritsch
Assistant City Attorney
Attorney for Defendant
CITY OF SANTA ROSA

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Dated:

8/31

, 2011

BARBOSA, METZ & HARRISON, LLP

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/s/
___________________________________
Jeff A. Harrison
Attorneys for Plaintiff
COLLEEN MAGUIRE

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Stipulation and [Proposed] Order Enlarging Time re GO 56, Case No. C11-02352 JSW

Case3:11-cv-02352-JSW Document12

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Filed09/01/11 Page3 of 3

GOOD CAUSE APPEARING, IT IS SO ORDERED.
Dated: September 1, 2011

___________________________________
Hon. Jeffrey S. White
Judge, U.S. District Court

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Stipulation and [Proposed] Order Enlarging Time re GO 56, Case No. C11-02352 JSW