De La Campa v. Benihana, Inc. et al

Filing 61

ORDER by Judge Jacqueline Scott Corley granting 47 Motion for Administrative Relief; granting in part and denying in part 51 Motion to Enforce General Order 56; staying briefing on Plaintiff's Motion to Strike. (jsclc1S, COURT STAFF) (Filed on 6/30/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AL DE LA CAMPA,

Case No. 13-cv-02184-JSC

Plaintiff,
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v.
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United States District Court
Northern District of California

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BENIHANA NATIONAL CORPORATION,
et al.,
Defendants.

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ORDER GRANTING PLAINTIFF'S
MOTION FOR ADMINISTRATIVE
RELIEF FROM GENERAL ORDER 56;
GRANTING IN PART AND DENYING
IN PART DEFENDANTS'
ADMINISTRATIVE MOTION TO
ENFORCE GENERAL ORDER 56;
STAYING BRIEFING ON PLAINTIFF'S
MOTION TO STRIKE
Re: Dkt. Nos. 47, 51

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Now pending before the Court are 1) Plaintiff’s motion for administrative relief from

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General Order 56, and 2) Defendants’ administrative motion to enforce General Order 56. (Dkt.

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Nos. 47, 51.) Plaintiff’s motion requests that the Court schedule a Case Management Conference

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(“CMC”) now that mediation has ended without a settlement agreement. General Order 56

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Paragraph 8 provides that “if the case does not resolve at mediation within 7 days of the

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mediator’s filing of a Certification of ADR Session reporting that the mediation process is

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concluded, plaintiff shall file a Motion for Administrative Relief pursuant to Civil Local Rule 7-11

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requesting a [CMC].” Because the mediator has filed a Certification of ADR Session reporting

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that the mediation process has concluded (Dkt. No. 46), the Court GRANTS Plaintiff’s motion and

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schedules a CMC for July 10, 2014 at 1:30 p.m. The parties shall file a joint CMC statement by

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no later than July 8, 2014.

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Defendants’ motion seeks an order requiring Plaintiff to 1) disclose all access barriers that

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he believes Defendants have failed to address, and 2) produce billing records as provided in

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General Order 56 Paragraph 6. The Court GRANTS Defendants’ first request and DENIES the

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second request. Plaintiff shall disclose to Defendants all remaining access violations and the

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corrective actions required of Defendants in advance of the parties’ filing of the joint CMC

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statement. Plaintiff’s disclosures regarding access shall also be included in the parties’ joint CMC

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statement. Regarding the billing records, nothing in General Order 56 requires such records to be

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produced until “the parties reach a tentative agreement on injunctive relief.” Gen. Order 56 ¶ 6.

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Because the parties have not reached such an agreement, Plaintiff is not required to provide a

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billing statement of his attorney’s fees. Plaintiff, however, shall disclose to Defendants an updated

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dollar figure for his attorney’s fees and costs, and such information shall be included in the

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parties’ joint CMC statement.

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United States District Court
Northern District of California

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Finally, the Court STAYS the briefing schedule on Plaintiff’s motion to strike. (Dkt. No.
58.) The Court will discuss a new briefing schedule with the parties at the July 10 CMC.

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IT IS SO ORDERED.
Dated: June 30, 2014
______________________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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