Heatherly et al v. Great China et al

Filing 21

ORDER, Motions terminated: 20 First MOTION MOTION FOR ADMINISTRATIVE RELIEF - REQUEST FOR CASE MANAGEMENT CONFERENCE; MEMORANDUM OF POINTS AND AUTHORITIES AND [PROPOSED] ORDER THEREON SETTING CASE MANAGEMENT CONFERENCE filed by Daren Heatherly, Irma Ramirez. Initial Case Management Conference set for 10/16/2015 11:00 AM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 9/11/15. (tfS, COURT STAFF) (Filed on 9/11/2015)

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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:
[phone]
Facsimile:
415/674-9900
[e-mail]

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Attorneys 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
12 IRMA RAMIREZ,
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Plaintiff,
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v.
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GREAT CHINA; JOSEPH MURPHY
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CORP., a California Corporation; and
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CHEN CHENG KUNG and KIM KUNG,
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dba GREAT CHINA
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Defendant.
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____________________________________ )

CASE NO. CV 14-04012-SI
MOTION FOR ADMINISTRATIVE RELIEF REQUEST FOR CASE MANAGEMENT
CONFERENCE; MEMORANDUM OF
POINTS AND AUTHORITIES AND
[PROPOSED] ORDER THEREON SETTING
CASE MANAGEMENT CONFERENCE
[L.R. 7-11; Gen. Order 56]

Complaint filed: September 4, 2014

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Plaintiffs DARREN HEATHERLY and IRMA RAMIREZ, pursuant to Local Rule 7-11

21 and General Order 56, hereby move this Court for Administrative Relief and requests the Court to
22 set a Case Management Conference in the above-captioned matter.
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The case before this Court seeks, in part, relief pursuant to Title III of the Americans with

24 Disabilities Act (“ADA”), and pursuant to California statutes of Civil Code §51, et seq. and §54,
25 et seq., and California Health & Safety Code §19955 et seq., relief and damages. Accordingly,
26 litigation of this case is controlled by the procedures established in General Order No. 56.
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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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1 These procedures impose a stay on all discovery until after a mediation has been completed and a
2 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

4 Management Conference once a mediation has been completed. A mediation was conducted on
5 September 3, 2015, by Mediator, Jonathan Lee. However, the parties were unsuccessful in their
6 efforts to try and resolve the above-mentioned caption matter. This case has not settled. It appears
7 that discovery is necessary. Therefore, plaintiffs respectfully request that this matter be set for a
8 Case Management Conference.
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Respectfully Submitted,

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11 Dated: September 10, 2015
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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 THEREON SETTING CASE MANAGEMENT CONFERENCE

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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 Management

4 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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13 Dated: September 10, 2015

THOMAS E. FRANKOVICH,

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A PROFESSIONAL LAW CORPORATION

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By:

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/s/Thomas E. Frankovich
THOMAS E. FRANKOVICH

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Attorney for Plaintiffs DAREN HEATHERLY and

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IRMA RAMIREZ

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[PROPOSED] ORDER
IT IS HEREBY ORDERED that this Court will set this case for a Case Management

23 Conference.
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Initial Case Management Conference set for 10/16/15, at 2:30 p.m.
Joint Case Management Conference Statement on 10/9/15.

Counsel shall file a

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9/11

_____________________________________

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HONORABLE SUSAN ILLSTON
Senior 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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