Center for Independent Living, Inc. et al v. Wal-Mart Stores, Inc.

Filing 14

ORDER granting 13 STIPULATION WITH PROPOSED ORDER JOINT STIPULATION AND MOTION FOR ADMINISTRATIVE RELIEF FROM GENERAL ORDER NO. 56 TO PERMIT PARTIES TO PURSUE ALTERNATIVE SETTLEMENT PROCEDURES filed by Center for Independent Living, In c., et al. Case referred to Private ADR. Case Management Statement due by 5/10/2013. Initial Case Management Conference set for 5/17/2013 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 11/21/2012. (beS, COURT STAFF) (Filed on 11/21/2012)

Case3:12-cv-03885-CRB Document13 Filed11/20/12 Page1 of 5

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LAURENCE W. PARADIS (Bar No. 122336)
KEVIN KNESTRICK (Bar No. 229620)
CHRISTINE CHUANG (Bar No. 257214)
DISABILITY RIGHTS ADVOCATES
2001 Center Street, Fourth Floor
Berkeley, California 94704
Telephone:
[phone]
Facsimile:
[phone]
TTY:
[phone]
Email:
[e-mail]

ARLENE MAYERSON (Bar No. 79310)
SHIRA WAKSCHLAG (Bar No. 273548)
DISABILITY RIGHTS EDUCATION
AND DEFENSE FUND, INC.
3075 Adeline Street, Sutie 210
Berkeley, California 94703
Telephone: [phone]
Fax/TTY: [phone]
[e-mail]
[e-mail]

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BILL LANN LEE (Bar No. 108452)
CATHA WORTHMAN (Bar No. 230399)
LEWIS FEINBERG LEE RENAKER & JACKSON, P.C.
476 9th Street
Oakland, California 94607
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CENTER FOR INDEPENDENT LIVING,
INC., JANET BROWN, and LISA KILGORE
on behalf of themselves and all others
similarly situated,
Plaintiffs,
v.
WAL-MART STORES, INC.,
Defendant.

Case No. C 12-3885 CRB
JOINT STIPULATION AND MOTION
FOR ADMINISTRATIVE RELIEF FROM
GENERAL ORDER NO. 56 TO PERMIT
PARTIES TO PURSUE ALTERNATIVE
SETTLEMENT PROCEDURES;
[proposed] ORDER
Judge: Hon. Charles R. Breyer

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JOINT STIPULATION CV 12-3885 CRB

Case3:12-cv-03885-CRB Document13 Filed11/20/12 Page2 of 5

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Case Background

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Plaintiffs Center for Independent Living, Inc., Janet Brown and Lisa Kilgore (collectively

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“Plaintiffs”) filed a Class Action Complaint to initiate this action on July 25, 2012 seeking

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declaratory relief, injunctive relief, damages, and attorneys’ fees and costs on behalf of a

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proposed class of individuals with mobility disabilities. Plaintiffs’ Complaint alleges generally

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that Defendant Wal-Mart Stores, Inc.’s (“Wal-Mart”) use and placement of point of sale terminals

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at Wal-Mart stores in California violates the Americans with Disabilities Act (“ADA”),

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California’s Unruh Civil Rights Act (“Unruh Act”) and portions of the California Disabled

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Persons Act (“CDPA”), specifically California Civil Code §§54-54.3. Docket No. 1. Wal-Mart

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denies the allegations in Plaintiffs’ Complaint, denies that Plaintiffs are entitled to any remedy,

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relief, or damages, and further denies that Plaintiffs have been damaged in any amount or at all.

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Upon the filing of the Complaint, Plaintiffs received the Court’s “Scheduling Order For

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Cases Asserting Denial of Right of Access Under Americans with Disabilities Act Title II & III

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(42 U.S.C. §§ 12131-89).” Docket No.2. The Scheduling Order, which applies the timelines

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suggested in the Court’s General Order No. 56, established the following schedule:

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Date

Event

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7/25/2012

Complaint filed

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9/24/2012

Last day for plaintiff to complete service on
defendants or file motion for administrative relief
from deadline

General Order
56; Civil Local
Rule 7-11

7 days before Joint
Site Inspection

Last day for parties to complete initial disclosures,
including defendant’s disclosure re construction or
alteration history of subject premises

FRCivP 26(a);
General Order 56
¶2;

11/7/2012

Last day for parties and counsel to hold joint
inspection of premises, with or without meet-andconfer regarding settlement

General Order 56
¶3,4;

28 business days after
Joint Site Inspection

Last day for parties to meet and confer in person to
discuss settlement

General Order 56
¶4;

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42 days after Joint
Site Inspection

Last day for plaintiff to file “Notice of Need for
Mediation”

General Order 56
¶7;

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7 calendar days after
mediation

Last day for plaintiff to file Motion for
Administrative Relief Requesting Case Management
Conference

General Order 56
¶8; Civil Local
Rule 7-11

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Rule(s)

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JOINT STIPULATION CV 12-3885 CRB

Case3:12-cv-03885-CRB Document13 Filed11/20/12 Page3 of 5

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The Parties’ Stipulated Request

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The parties have met and conferred regarding the applicability of the Scheduling Order

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and General Order No. 56 to the case and have discussed exploring whether this case can be

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settled on a class wide basis without the need for further litigation. General Order No. 56 – with

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its early facility inspection requirements – does not appear to be designed for class actions

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involving multiple facilities such as the instant case. In order to facilitate further settlement

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discussions among the parties, to accommodate the very busy upcoming holiday season, and in

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the interest of preserving resources, the parties have discussed and now propose an alternative

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stipulated schedule to the Court. The alternative stipulated schedule would permit the parties to

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explore the possibility of settlement using procedures that differ from those set forth in the

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Scheduling Order and General Order No. 56, yet that are similarly focused on determining

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whether this class action, which alleges access violations, can be resolved prior to appearing

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before the Court for an initial case management conference. The parties further submit that this

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case is styled as a class action; that, if a class were to be certified, the Court and the parties could

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become embroiled in expensive and time-consuming litigation relating to placement and

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accessibility of point of sale devices in potentially hundreds of stores throughout the state; and

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that it is more efficient and more likely to promote the potential settlement of this action if the

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parties forgo the joint site inspection required under General Order No. 56 of alleged barriers at a

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specific Wal-Mart store, and instead proceed to facilitated mediation.

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The parties’ proposal ensures that the underlying goals of General Order No. 56 are

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accomplished by proposing: the exchange of initial disclosures required under Federal Rule of

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Civil Procedure 26(a)(1); the exchange of information described in General Order No. 56, ¶¶ 2-6;

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and that a mediator preside over settlement negotiations. The parties’ proposal extends by a few

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months the schedule established by the Scheduling Order and General Order No. 56 to allow

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sufficient time for attempting to resolve the case prior to the parties’ appearance at an initial case

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management conference. Due to the nature of this case, the parties submit that this additional

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time is warranted and will facilitate settlement negotiations.

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JOINT STIPULATION CV 12-3885 CRB

Case3:12-cv-03885-CRB Document13 Filed11/20/12 Page4 of 5

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IT IS HEREBY STIPULATED between and among the parties by and through their

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respective counsel of record, subject to the approval of the Court, which Plaintiffs and Defendant

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jointly request, as follows:
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The parties shall be relieved of their obligations to comply with the Scheduling
Order and General Order No. 56.

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On or before December 19, 2012: The parties shall complete the Initial
Disclosures required by Rule 26(a)(1) of the Federal Rules of Civil Procedure.

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On or before April 19, 2013: The parties shall attend mediation before a mutually

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agreed upon mediator at JAMS Arbitration, Mediation and ADR services, or such

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other mediation service as the parties may select, for the purpose of discussing the

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complete resolution of Plaintiffs’ claims. Prior to the mediation the parties agree

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to exchange information and documents relevant to the parties’ dispute that may

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facilitate settlement, including the information required by General Order No. 56,

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¶¶ 2-6. If the parties are unable to conclude a mediation prior this date, the parties

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agree to promptly inform the Court.
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On or before May 10, 2013: The parties agree to submit to the Court a Status
Report informing the Court of the status of their settlement negotiations.

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On or before May 10, 2013: If the parties are unable to resolve the case prior to

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this date the parties shall also file a Joint Case Management Conference Statement

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providing all information required by the Court’s Standing “Order Setting Case

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Management Conference” (dated May 9, 2011).
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On Friday, May 17, 2013, at 8:30 a.m., in Courtroom 6, 17th Floor, 450 Golden

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Gate Avenue, San Francisco, California, or as is convenient for the Court: The

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parties shall appear for a Case Management Conference pursuant to Rule 16 of the

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Federal Rules of Civil Procedure before Judge Charles R. Breyer.

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JOINT STIPULATION CV 12-3885 CRB

Case3:12-cv-03885-CRB Document13 Filed11/20/12 Page5 of 5

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Respectfully Submitted,

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Dated: November 19, 2012

DISABILITY RIGHTS ADVOCATES

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By: /s/ Kevin Knestrick
Kevin Knestrick

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Counsel for Plaintiffs

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Dated: November 19, 2012

JONES DAY

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By: /s/ Robert A. Naeve
Robert A. Naeve

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Counsel for Defendant
WAL-MART STORES, INC.

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By:

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ORD
T IS SO

ERED

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FO

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The Honorable Charles R. Breyer r
Breye
United States District rles R. Judge
e Cha Court
Judg
Northern District of California

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Dated: November __, 2012
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UNIT
ED

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S DISTRICT
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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JOINT STIPULATION CV 12-3885 CRB