Ramirez et al v. Delfin et al
Filing
19
ORDER by Chief Magistrate Judge Maria-Elena James granting 18 Motion Requesting Case Management Conference. (rmm2S, COURT STAFF) (Filed on 11/13/2012) (Additional attachment(s) added on 11/13/2012: # 1 Proof of Service) (rmm2S, COURT STAFF).
1
2
3
4
THOMAS E. FRANKOVICH (State Bar No. 074414)
GEORGE S. KHOURY (State Bar No. 269738)
THOMAS E. FRANKOVICH,
A Professional Law Corporation
4328 Redwood Hwy., Suite 300
San Rafael, CA 94903
Telephone:
415/674-8600
Facsimile:
415/674-9900
5
6
Attorneys for Plaintiffs
IRMA RAMIREZ and DAREN HEATHERLY
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
11
12
13
14
15
16
17
18
IRMA RAMIREZ and DAREN
HEATHERLY,
)
)
)
Plaintiffs,
)
)
v.
)
)
EL DELFIN; ALICE K. WAUGH; JEFF
)
WAUGH; LYRA J. HUTCHINS; and JOSE )
JORGE SARABIA, an individual dba EL )
DELFIN,
)
)
)
Defendants.
)
___________________________________ )
CASE NO. CV-11-4868-MEJ
MOTION FOR ADMINISTRATIVE RELIEF REQUEST FOR CASE MANAGEMENT
CONFERENCE; MEMORANDUM OF
POINTS and AUTHORITIES; and
[PROPOSED] ORDER SETTING CASE
MANAGEMENT CONFERENCE
[L.R. 7-11; Gen. Order 56]
19
20
Plaintiffs Irma Ramirez and Daren Heatherly, pursuant to Local Rule 7-11 and General
21
22
Order 56, hereby move this Court for Administrative Relief, and request the Court to set a Case
23
Management Conference.
24
The case before this Court seeks, in part, relief pursuant to Title III of the Americans with
25
Disabilities Act (“ADA”), and pursuant to California statutes of Civil Code §51, et seq. and §54,
26
et seq., and California Health & Safety Code §19955 et seq., relief and damages.
27
///
28
///
MOTION FOR ADMINISTRATIVE RELIEF - REQUEST FOR CASE MANAGEMENT CONFERENCE; MEMORANDUM OF POINTS and
AUTHORITIES; and [PROPOSED] ORDER SETTING CASE MANAGEMENT CONFERENCE CV-11-4868-MEJ
1
1
Accordingly, litigation of this case is controlled by the procedures established in General Order
2
No. 56. These procedures impose a stay on all discovery until after a mediation has been
3
completed and a case management conference has taken place.
4
General Order No. 56 provides for plaintiffs to file a motion to request a Case
5
Management Conference once a mediation has been completed. A mediation was conducted by
6
Mediator, John Koeppel on August 15, 2012. Unfortunately, the parties were unsuccessful in
7
their efforts to try and resolve the above-mentioned caption matter. This case has not settled.
8
It appears that discovery is necessary. Therefore, plaintiffs respectfully request that the matter be
9
set for a Case Management Conference.
10
Respectfully Submitted,
11
12
Dated: November 9, 2012
13
THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION
14
15
By:
/s/Thomas E. Frankovich
THOMAS E. FRANKOVICH
Attorneys for Plaintiffs IRMA RAMIREZ and DAREN
HEATHERLY
16
17
18
19
///
20
///
21
///
22
23
///
24
///
25
///
26
///
27
28
///
MOTION FOR ADMINISTRATIVE RELIEF - REQUEST FOR CASE MANAGEMENT CONFERENCE; MEMORANDUM OF POINTS and
AUTHORITIES; and [PROPOSED] ORDER SETTING CASE MANAGEMENT CONFERENCE CV-11-4868-MEJ
2
1
MEMORANDUM OF POINTS AND AUTHORITIES
2
GENERAL ORDER 56:
3
4
5
General Order No. 56 provides for plaintiff to file a motion to request a Case
Management Conference once a mediation has been completed.
6
¶7
“ If the case does not resolve at mediation,
7
plaintiff shall within seven (7) calendar days of the
8
mediator’s filing of a Certification of ADR Sessions
9
reporting that the mediation process is concluded, file a
10
Motion for Administrative Relief pursuant to Civil Local
11
Rule 7-11 requesting a Case Management Conference.”
12
13
Dated: November 9, 2012
THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION
14
15
By:
/s/Thomas E. Frankovich
THOMAS E. FRANKOVICH
Attorneys for Plaintiffs IRMA RAMIREZ; and
DAREN HEATHERLY
16
17
18
19
20
21
[PROPOSED] ORDER
IT IS HEREBY ORDERED that this Court will set this case for a Case Management
Conference.
22
23
24
25
26
27
28
Dated:______________, 2012
November 13
_____________________________
Honorable Maria-Elena James
United States Magistrate Judge
A case management conference is scheduled for Thursday, December 20, 2012
at 10:00 a.m. A joint case management statement shall be filed seven days
prior to the case management conference. The conference shall be heard in
Courtroom B, 15th Floor, 450 Golden Gate Ave., San Francisco, 94102.
MOTION FOR ADMINISTRATIVE RELIEF - REQUEST FOR CASE MANAGEMENT CONFERENCE; MEMORANDUM OF POINTS and
AUTHORITIES; and [PROPOSED] ORDER SETTING CASE MANAGEMENT CONFERENCE CV-11-4868-MEJ
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?