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).

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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

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