Soltanizad et al v. Didar Persian Cuisine et al

Filing 11

ORDER GRANTING 9 Motion For Case Management Conference AND ORDERING Plaintiffs to Serve Defendants. Case Management Statement due by 3/21/2014. Case Management Conference set for 3/28/2014 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Signed by Judge Jeffrey S. White on January 13, 2014. (jswlc3, COURT STAFF) (Filed on 1/13/2014)

Case3:13-cv-01392-JSW Document9 Filed01/02/14 Page1 of 3

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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
[e-mail]

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Attorneys for Plaintiffs HAMID SOLTANIZAD;
and MARGORY K. NUNEZ LIZA,

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HAMID SOLTANIZAD; and MARGORY ) CASE NO. CV-13-1392-JSW
K. NUNEZ LIZA,
)
) MOTION FOR ADMINISTRATIVE RELIEF Plaintiff,
) REQUEST FOR CASE MANAGEMENT
) CONFERENCE; MEMORANDUM OF
v.
) POINTS AND AUTHORITIES AND
) [PROPOSED] ORDER THEREON SETTING
DIDAR PERSIAN CUISINE; AHMAD
) CASE MANAGEMENT CONFERENCE
NIKMORAD, an individual dba DIDAR
) AND DIRECTING PLAINTIFFS TO SERVE DEFENDANTS
PERSIAN CUISINE; and SOUDABEH
) [L.R. 7-11; Gen. Order 56]
NIKMORAD, an individual dba DIDAR
)
PERSIAN CUISINE
)
)
Defendant.
)
____________________________________)

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Plaintiffs HAMID SOLTANIZAD; and MARGORY K. NUNEZ LIZA, pursuant to Local
Rule 7-11 and General Order 56, hereby moves this Court for Administrative Relief and requests
the Court to set a Case Management Conference in the above-captioned matter.
The case before this Court seeks, in part, relief pursuant to Title III of the Americans with
Disabilities Act (“ADA”), and pursuant to California statutes of Civil Code §51, et seq. and §54,

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MOTION FOR ADMINISTRATIVE RELIEF - REQUEST FOR CASE MANAGEMENT CONFERENCE; MEMORANDUM OF POINTS
AND AUTHORITIES AND [PROPOSED] ORDER THEREON SETTING CASE MANAGEMENT CONFERENCE

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Case3:13-cv-01392-JSW Document9 Filed01/02/14 Page2 of 3

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

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litigation of this case is controlled by the procedures established in General Order No. 56.

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These procedures impose a stay on all discovery until after a mediation has been completed and a

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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. A mediation was conducted on

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December 10, 2013, by Mediator, William E. Simmons. However, the parties were unsuccessful

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in their efforts to try and resolve the above-mentioned caption matter. This case has not settled.

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It appears that discovery is necessary. Therefore, plaintiffs respectfully request that this matter

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be set for a Case Management Conference.

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Respectfully Submitted,

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Dated: January 2, 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 HAMID SOLTANIZAD; and
MARGORY K. NUNEZ LIZA

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MOTION FOR ADMINISTRATIVE RELIEF - REQUEST FOR CASE MANAGEMENT CONFERENCE; MEMORANDUM OF POINTS
AND AUTHORITIES AND [PROPOSED] ORDER THEREON SETTING CASE MANAGEMENT CONFERENCE

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Case3:13-cv-01392-JSW Document9 Filed01/02/14 Page3 of 3

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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 plaintiff to file a motion to request a Case

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Management Conference once a mediation has been completed.
¶7 “ If the case does not resolve at mediation, plaintiff
shall within seven (7) calendar days of the mediator’s filing
of a Certification of ADR Sessions reporting that the
mediation process is concluded, file a Motion for
Administrative Relief pursuant to Civil Local Rule 7-11
requesting a Case Management Conference.”

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Dated:

2013

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THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION
/s/Thomas E. Frankovich
THOMAS E. FRANKOVICH
Attorneys for Plaintiffs HAMID SOLTANIZAD;
and MARGORY K. NUNEZ LIZA
By:

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[PROPOSED] ORDER

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IT IS HEREBY ORDERED that this Court will set this case for a Case Management
Conference. The parties shall appear on Friday, March 28, 2014 at 1:30 p.m., and they shall file a joint case
management statement by no later than Friday, March 21, 2014.
It is FURTHER ORDERED that Plaintiffs shall serve a copy of this Order on Defendants and shall
file proof of such service by no later than January 17, 2014.

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January 13,
Dated:______________, 2014

_____________________________________
Honorable Judge Jeffery S. White
UNITED STATES DISTRICT JUDGE

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MOTION FOR ADMINISTRATIVE RELIEF - REQUEST FOR CASE MANAGEMENT CONFERENCE; MEMORANDUM OF POINTS
AND AUTHORITIES AND [PROPOSED] ORDER THEREON SETTING CASE MANAGEMENT CONFERENCE

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