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)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AL DE LA CAMPA, Case No. 13-cv-02184-JSC Plaintiff, 8 v. 9 10 United States District Court Northern District of California 11 BENIHANA NATIONAL CORPORATION, et al., Defendants. 12 13 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 14 15 Now pending before the Court are 1) Plaintiff’s motion for administrative relief from 16 General Order 56, and 2) Defendants’ administrative motion to enforce General Order 56. (Dkt. 17 Nos. 47, 51.) Plaintiff’s motion requests that the Court schedule a Case Management Conference 18 (“CMC”) now that mediation has ended without a settlement agreement. General Order 56 19 Paragraph 8 provides that “if the case does not resolve at mediation within 7 days of the 20 mediator’s filing of a Certification of ADR Session reporting that the mediation process is 21 concluded, plaintiff shall file a Motion for Administrative Relief pursuant to Civil Local Rule 7-11 22 requesting a [CMC].” Because the mediator has filed a Certification of ADR Session reporting 23 that the mediation process has concluded (Dkt. No. 46), the Court GRANTS Plaintiff’s motion and 24 schedules a CMC for July 10, 2014 at 1:30 p.m. The parties shall file a joint CMC statement by 25 no later than July 8, 2014. 26 Defendants’ motion seeks an order requiring Plaintiff to 1) disclose all access barriers that 27 he believes Defendants have failed to address, and 2) produce billing records as provided in 28 General Order 56 Paragraph 6. The Court GRANTS Defendants’ first request and DENIES the 1 second request. Plaintiff shall disclose to Defendants all remaining access violations and the 2 corrective actions required of Defendants in advance of the parties’ filing of the joint CMC 3 statement. Plaintiff’s disclosures regarding access shall also be included in the parties’ joint CMC 4 statement. Regarding the billing records, nothing in General Order 56 requires such records to be 5 produced until “the parties reach a tentative agreement on injunctive relief.” Gen. Order 56 ¶ 6. 6 Because the parties have not reached such an agreement, Plaintiff is not required to provide a 7 billing statement of his attorney’s fees. Plaintiff, however, shall disclose to Defendants an updated 8 dollar figure for his attorney’s fees and costs, and such information shall be included in the 9 parties’ joint CMC statement. 10 United States District Court Northern District of California 11 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. 12 13 14 15 16 IT IS SO ORDERED. Dated: June 30, 2014 ______________________________________ JACQUELINE SCOTT CORLEY United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?