Skaff v. City of Sausalito

Filing 16

ORDER GRANTING ADMINISTRATIVE MOTION FOR RELIEF 15 . Case Management Statement due by 6/4/2014. Case Management Conference set for 6/11/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 5/1/14. (lmh, COURT STAFF) (Filed on 5/1/2014)

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SIDNEY J. COHEN, Esq., State Bar No. 39023
SIDNEY J. COHEN PROFESSIONAL CORPORATION
427 Grand Avenue
Oakland, CA 94610
Telephone: [phone]
Attorneys for Plaintiff
Richard Skaff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHARD SKAFF

CASE NO. C 13-01926 NC
Civil Rights

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Plaintiff,
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v.
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CITY OF SAUSALITO and DOES 1
through 20, Inclusive,
Defendants.

ADMINISTRATIVE MOTION,
DECLARATION, AND [PROPOSED]
ORDER FOR RELIEF FOR CASE
MANAGEMENT CONFERENCE

Pursuant to General Order 56, paragraph
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ADMINISTRATIVE MOTION

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Plaintiff brought this action against defendant City of Sausalito

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alleging violations of Title II of the Americans With Disabilities Act and related

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statutes and regulations. Accordingly, this case is governed by the procedures of

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General Order 56.

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The parties have complied with the requirements of paragraphs 1
through 7 of General Order 56.
The parties have held two mediations and had scheduled a further
mediation for April 30 and May 1, 2014.
By e mail dated April 17, 2014 to mediator Daniel Bowling and the

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undersigned, defendant’s City of Sausalito’s counsel stated “...that from the

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City’s standpoint, the mediation process went forward in good faith (two

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sessions) and is now completed, albeit without resolution.” Defendant’s counsel

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M O T IO N F O R A D M IN IS T RA T IV E RE LIE F F O R
CASE MANAGEMENT CONFERENCE

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then requested “... that the mediation be certified as completed per GO 56.”
On April 24, 2014 the mediator certified that the case did not settle,

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that further facilitated discussions are not expected, and that the ADR process is

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complete (See DKT # 13).
Because the case has not settled at mediation, Plaintiff files this

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Motion For Administrative Relief requesting a Case Management Conference

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pursuant to the requirements of paragraph 8 of General Order 56 and Local Civil

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Rule 7-11.
In scheduling a Case Management Conference, please take note of

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the fact that Mr. Cohen, a solo practitioner and counsel for plaintiff, will be out

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of the country and otherwise unavailable for any purpose during the period May

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12, 2014 through June 1, 2014. (See DKT # 14.) In this regard, Plaintiff

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requests that the Case Management Conference be set for Wednesday, June 11,

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2014.

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Date: May 1, 2014

SIDNEY J. COHEN
PROFESSIONAL CORPORATION

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/s/ Sidney J. Cohen

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Sidney J. Cohen
Attorney for Plaintiff Richard Skaff

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DECLARATION OF SIDNEY J. COHEN

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I, Sidney J. Cohen, declare:

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I am counsel for Plaintiff in this action. I am an attorney in good

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standing and licensed to practice in the courts of California, in the United States

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District Courts for the Northern, Eastern, and Central Districts, in the United

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States Court of Appeals for the Ninth Circuit, and in the United States Supreme

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Court. If called upon to testify, I would testify as follows regarding the reasons I

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was not able to obtain a Stipulation from defendant City of Sausalito’s counsel,

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Adam Abel, agreeing to a Case Management Conference.

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CASE MANAGEMENT CONFERENCE

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By e mail to Mr. Abel dated April 24, 2014, a true and correct copy

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of which is enclosed as Exhibit 1, I, among other things, advised that

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pursuant to paragraph 8 of General Order 56 and Local Civil Rule 7-11 Plaintiff

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was obligated to file with the Court a Motion For Administrative Relief for a

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Case Management Conference by no later than May 1,2014 and that the Motion

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had to be accompanied by a Stipulation under Local Civil Rule 7-12 or by a

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declaration stating why a stipulation could not be obtained. In this regard,

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attached to the April 24 e mail for Mr. Abel’s review was Plaintiff’s proposed

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“MOTION, STIPULATION, AND [PROPOSED] ORDER FOR

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ADMINISTRATIVE RELIEF FOR CASE MANAGEMENT CONFERENCE,”

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a true and correct copy of which is enclosed as Exhibit 2.

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3.

My April 24, 2014 e mail further requested that following his

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review Mr. Abel date, sign,and provide me the dated and signed Stipulation if it

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was acceptable to him, to e mail or call me if he had questions or concerns, or to

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otherwise let me know if the Defendant City of Sausalito was not willing to

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stipulate.

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Finally, my April 24, 2014 e mail advised that if I did not have an

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agreed upon, dated, and signed Stipulation by April 29, 2014 that I would

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prepare the Motion with a declation that I could not obtain a Stipulation.

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5.

I have not received any communications whatsoever from Mr.

Abel, or anyone else, in response to or in connection with this matter.

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed this 1st day of May, 2014 at Oakland, California.
/s/ Sidney J. Cohen
________________________________
Sidney J. Cohen

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ORDER

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Pursuant to paragraph 8 of General Order 56 and Local Civil Rule

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CASE MANAGEMENT CONFERENCE

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7-11, and for good cause shown, the court sets a case management conference

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for 10:00 A.M. on Wednesday,_______________. The parties shall e file a joint
June 11, 2014

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case management statement by no later than ________________.
June 4, 2014

UNIT
ED

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NO

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RT

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.
hanael M
udge Nat
J

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A

H

ER

Cousins

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R NIA

Date: May 1, 2014

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U
O

S DISTRICT
TE
C
_____________________________
TA
Nathanael Cousins
United States Magistrate Judge
ERED
O ORD
IT IS S

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IT IS SO ORDERED.

FO

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N

D IS T IC T
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OF

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