Heatherly et al v. Bistro 29 et al

Filing 25

ORDER GRANTING REQUEST FOR CASE MANAGEMENT CONFERENCE 24 . Joint Case Management Statement due by 6/11/2014. Case Management Conference set for 6/18/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 5/19/14. (lmh, COURT STAFF) (Filed on 5/29/2014)

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THOMAS E. FRANKOVICH (State Bar No. 074414)
THOMAS E. FRANKOVICH,
A Professional Law Corporation
4328 Redwood Hwy., Suite 300
San Rafael, CA 94903
Telephone:
415/674-8600
Facsimile:
415/674-9900
Attorney for Plaintiffs
DAREN HEATHERLY; and
IRMA RAMIREZ

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAREN HEATHERLY; and IRMA
RAMIREZ,

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Plaintiffs,
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v.
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BISTRO 29; LARRY W. WILLIAMS and )
CAROLYN A. WILLIAMS, as Trustee of )
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THE LARRY W. WILLIAMS and
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CAROLYN A. WILLIAMS TRUST under )
Declaration of Trust dated June 20, 2002; )
and DEPARTMENT 29, INC., a California )
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Corporation,
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Defendants.
___________________________________ )

CASE NO. CV-13-01132-NC
MOTION FOR ADMINISTRATIVE RELIEF REQUEST FOR CASE MANAGEMENT
CONFERENCE; MEMORANDUM OF
POINTS and AUTHORITIES; and
[PROPOSED] ORDER SETTING CASE
MANAGEMENT CONFERENCE THEREON
[L.R. 7-11; Gen. Order 56]

Complaint filed: March 13, 2013

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Plaintiffs Daren Heatherly and Irma Ramirez, pursuant to Local Rule 7-11 and General

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Order 56, hereby move this Court for Administrative Relief, and request the Court to set a Case

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Management Conference.

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The case before this Court seeks, in part, relief pursuant to Title III of the Americans with

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Disabilities Act (“ADA”), and pursuant to California statutes of Civil Code §51, et seq. and §54,

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et seq., and California Health & Safety Code §19955 et seq., relief and damages.

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MOTION FOR ADMINISTRATIVE RELIEF - REQUEST FOR CASE MANAGEMENT CONFERENCE; MEMORANDUM OF POINTS and
AUTHORITIES; and [PROPOSED] ORDER SETTING CASE MANAGEMENT CONFERENCE THEREON CASE NO. CV-13-01132-NC 1

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Accordingly, litigation of this case is controlled by the procedures established in General Order

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No. 56. These procedures impose a stay on all discovery until after a mediation has been

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completed and a case management conference has taken place.

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General Order No. 56 provides for plaintiffs to file a motion to request a Case

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Management Conference once a mediation has been completed. On May 15, 2014, plaintiffs

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DAREN HEATHERLY and IRMA RAMIREZ, and defendants BISTRO 29 and

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DEPARTMENT 29, INC., a California Corporation (“operators”) had a mediation with

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Mediator, Joel Franciosa. The mediation was not successful. Therefore, plaintiffs respectfully

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request that this matter be set for a Case Management Conference.

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Respectfully Submitted,

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Dated: May 29, 2014

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THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION

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By:

/s/Thomas E. Frankovich
Thomas E. Frankovich
Attorney for Plaintiffs DAREN HEATHERLY and IRMA
RAMIREZ

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MOTION FOR ADMINISTRATIVE RELIEF - REQUEST FOR CASE MANAGEMENT CONFERENCE; MEMORANDUM OF POINTS and
AUTHORITIES; and [PROPOSED] ORDER SETTING CASE MANAGEMENT CONFERENCE THEREON CASE NO. CV-13-01132-NC 2

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MEMORANDUM OF POINTS AND AUTHORITIES

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GENERAL ORDER 56:

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General Order No. 56 provides for plaintiffs to file a motion to request a Case
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Management Conference once a mediation has been completed.
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¶8 “ If the case does not resolve at mediation within seven
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(7) days of the mediator’s filing of a Certification of ADR
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Sessions reporting that the mediation process is concluded,
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plaintiff shall file a Motion for Administrative Relief
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pursuant to Civil Local Rule 7-11 requesting a Case
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Management Conference.”
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Dated: May 29, 2014
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THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION

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By:

/s/Thomas E. Frankovich

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Thomas E. Frankovich
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Attorney for Plaintiffs DAREN HEATHERLY and IRMA
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RAMIREZ
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[PROPOSED] ORDER

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Conference.for June 18, 2014 at 10:00 a.m. A joint case management statement is due June 11, 2014.
,

ED

R NIA

T
Honorable Nathaniel Cousins
GRAN
United States Magistrate Judge of California
Cousins
anael M.
th
Judge Na
MOTION FOR ADMINISTRATIVE RELIEF - REQUEST FOR CASE MANAGEMENT CONFERENCE; MEMORANDUM OF POINTS and

NO

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_____________________________________

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UNIT
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May 29
Dated:________________, 2014

S DISTRICT
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IT IS HEREBY ORDERED, that this Court will set this case for a Case Management

AUTHORITIES; and [PROPOSED] ORDER SETTING CASE MANAGEMENT CONFERENCE THEREON CASE NO. CV-13-01132-NC

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