Kalani v. Fry's Electronics, Inc. et al

Filing 19

ORDER re: 18 JOINT REQUEST FOR ADMINISTRATIVE RELIEF TO CONTINUE LAST DATE TO CONDUCT MEDIATION UNDER GENERAL ORDER 56. Mediation shall take place on June 19, 2013, at 10:00 a.m. Signed by Judge Hon. Jeffrey S. White on 05/17/2013. (jmdS, COURT STAFF) (Filed on 5/17/2013)

Case3:12-cv-04252-JSW Document18 Filed05/16/13 Page1 of 3

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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Robert Kalani

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT KALANI,

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)
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Plaintiff,
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vs.
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FRY’S ELECTRONICS, INC;
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WARDENCLYFFE, L.P., A CALIFORNIA )
LIMITED PARTNERSHIP; QUALITY REAL )
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ESTATE MANAGEMENT, LLC, A
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CALIFORNIA LIMITED LIABILITY
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COMPANY,
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Defendants.
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No. 3:12-cv-04252-JSW
JOINT REQUEST FOR
ADMINISTRATIVE RELIEF TO
CONTINUE LAST DATE TO CONDUCT
MEDIATION UNDER GENERAL ORDER
56; [PROPOSED] ORDER

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Plaintiff, Robert Kalani (“Plaintiff”), and Defendants, Fry’s Electronics, Inc.,

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Wardenclyffe, L.P., and Quality Real Estate Management, LLC (collectively “Defendants,”

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and together with Plaintiff, “the Parties”), hereby request this Court for administrative relief

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under Local Rule 7-11 and General Order 56 to continue the last date for mediation.

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This case seeks, in part, relief pursuant to Title III of the Americans with Disabilities

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Act (“ADA”), and is therefore controlled in this Court by the procedures established by

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General Order 56. Under General Order 56 and the scheduling order in this action, a joint
JOINT REQUEST FOR ADMINISTRATIVE RELIEF TO CONTINUE LAST DATE TO CONDUCT
MEDIATION UNDER GENERAL ORDER 56; [PROPOSED] ORDER

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Case3:12-cv-04252-JSW Document18 Filed05/16/13 Page2 of 3

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site inspection of the subject property has taken place, the Parties have met and conferred in

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person, a Notice of Need for Mediation was filed, a mediator assigned, and the last date to

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conduct the mediation is May 20, 2013.

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On March 13, 2013, mediator Carol Millie was appointed in this matter (Doc. 17).

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Ms. Millie contacted the Parties on April 12, 2013 to set a date for mediation. The Parties

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and Ms. Millie have been attempting to coordinate their calendars since then, and the first

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available date for all Parties for the mediation is June 19, 2013 at 10:00 a.m., which date

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exceeds the last date by which mediation must be conducted.

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Therefore, the Parties request that the Court order that the mediation take place on

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June 19, 2013 at 10:00 a.m., and that each and every party to the action have a representative

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present at the mediation who has final authority to settle and who is knowledgeable about the

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facts of the case.

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Dated: May 14, 2013

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff,
Robert Kalani

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Dated: May 16, 2013

BORTON PETRINI, LLP

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/s/ Samuel L. Phillips
Samuel L. Phillips
Attorneys for Defendants
Fry’s Electronics, Inc., Wardenclyffe, L.P.,
and Quality Real Estate Management, LLC

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JOINT REQUEST FOR ADMINISTRATIVE RELIEF TO CONTINUE LAST DATE TO CONDUCT
MEDIATION UNDER GENERAL ORDER 56; [PROPOSED] ORDER

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Case3:12-cv-04252-JSW Document18 Filed05/16/13 Page3 of 3

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ORDER

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The Court having considered the request of the Parties for administrative relief under
General Order 56, and good cause appearing,

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IT IS HEREBY ORDERED as follows:

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1.

Mediation shall take place on June 19, 2013 at 10:00 a.m.; and

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2.

Each and every party to the action shall have a representative present at the

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mediation who has final authority to settle and who is knowledgeable about the facts of the

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case.

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IT IS SO ORDERED.

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Dated: May 17, 2013
United States District Judge

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JOINT REQUEST FOR ADMINISTRATIVE RELIEF TO CONTINUE LAST DATE TO CONDUCT
MEDIATION UNDER GENERAL ORDER 56; [PROPOSED] ORDER

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