Hernandez v. San Mateo County Community College District (Canada College)

Filing 22

STIPULATION AND ORDER TO CONTINUE DEADLINE TO MEDIATE UNDER GENERAL ORDER 56 Signed by Judge Richard Seeborg on 9/18/15. (cl, COURT STAFF) (Filed on 9/18/2015)

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PAUL L. REIN, ESQ. (State Bar No. 43053)
CELIA MCGUINNESS, ESQ. (State Bar No. 159420)
CATHERINE CABALO, ESQ. (State Bar No. 248198)
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff
GERARDO HERNANDEZ
* Defendant’s counsel listed after the caption

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GERARDO HERNANDEZ,
Plaintiff,

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v.
SAN MATEO COUNTY COMMUNIDTY
COLLEGE DISTRICT (CANADA
COLLEGE); DOES 1-10, inclusive,
Defendant.

Case No. 3:14-cv-05317 RS
Civil Rights
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DEADLINE
TO MEDIATE UNDER GENERAL
ORDER 56
Action Filed: December 4, 2014

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JOHN C. BEIERS, COUNTY COUNSEL (State Bar No. 144282)
KATHRYN E. MEOLA, ESQ. (State Bar No. 172034)
KRISTINA M. PASZEK, ESQ. (State Bar No. 226351)
Hall of Justice and Records
400 County Center, 6th Floor
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

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Attorneys for Defendant
SAN MATEO COUNTY COMMUNITY
COLLEGE DISTRICT

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STIPULATION AND [PROPOSED] ORDER
TO CONTINUE DEADLINE FOR GO 56 MEDIATION
Case No. 3:14-cv-05317 RS

S:\CASES\CANADA COLLEGE\Pleadings\Final Stip to continue Deadline to mediate.docx

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STIPULATION
Plaintiff GERARDO HERNANDEZ (“Plaintiff”) and defendant SAN MATEO COUNTY

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COMMUNITY COLLEGE DISTRICT (“Defendant”) – Plaintiff and Defendant together the

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“Parties” -- hereby stipulate and request that the Court extend the deadline for the Parties to

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mediate under General Order 56. The Parties do so based on the following Good Cause:

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1.

Plaintiff filed his action on December 4, 2014.

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2.

The subject property is Canada College, a large college campus located in

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Redwood City, California.
3.

The Parties have been working cooperatively within the parameters of General

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Order 56 to resolve Plaintiff’s claims, including conducting a joint site inspection

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on April 21, 2015 and April 22, 2015.

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4.

Plaintiff issued an injunctive relief demand and disclosed his access consultant’s

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report to Defendant on June 22, 2015. Based on the report of Plaintiff’s access

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consultant, Plaintiff alleges many issues related to disabled access at the subject

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property.

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5.

Plaintiff filed a Notice of Need for Mediation on July 6, 2015. Docket No. 19.

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6.

The case was referred to mediation on July 10, 2015, and assigned a mediator on

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August 26, 2015. Docket No. 20.
7.

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Since that time, the Parties have continued to negotiate the settlement of injunctive
relief.

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The Parties have scheduled an in-person meet and confer, which will include all

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counsel, Defendants’ representatives, and the Parties’ access consultants on

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September 22, 2015.

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9.

During a pre-mediation teleconference with the assigned General Order 56

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mediator, The Honorable James Lambden (Ret.), on September 14, 2015, the

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mediator and the Parties tentatively agreed to a mediation date of October 29,

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2015.

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-2STIPULATION AND [PROPOSED] ORDER
TO CONTINUE DEADLINE FOR GO 56 MEDIATION
Case No. 3:14-cv-05317 RS

S:\CASES\CANADA COLLEGE\Pleadings\Final Stip to continue Deadline to mediate.docx

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10.

Presently, the deadline to mediate under General Order 56 is October 5, 2015.

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To keep costs down in this case and to facilitate efficient resolution of the case through

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mediation and the General Order 56 process, the Parties therefore stipulate and request that the

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Court Order the deadline for mediation to take place under General Order 56 be extended to

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November 20, 2015.

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IT IS SO STIPULATED.

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Dated: September 17, 2015

LAW OFFICES OF PAUL L. REIN

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/Catherine Cabalo
By: CATHERINE CABALO, ESQ.
Attorneys for Plaintiff
GERARDO HERNANDEZ

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Dated: September 16, 2015

SAN MATEO COUNTY COUNSEL

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/s/ Kristina Paszek
By: KRISTINA PASZEK, ESQ.
Attorneys for Defendant
SAN MATEO COUNTY COMMUNITY
COLLEGE DISTRICT

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ORDER
For GOOD CAUSE SHOWN and for the reasons set forth above, the deadline for the

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parties to complete mediation through General Order 56 shall be November 20, 2015.

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IT IS SO ORDERED.

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9/18
Dated: __________, 2015

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__________________________________
Honorable Richard Seeborg
United States District Court Judge

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-3STIPULATION AND [PROPOSED] ORDER
TO CONTINUE DEADLINE FOR GO 56 MEDIATION
Case No. 3:14-cv-05317 RS

S:\CASES\CANADA COLLEGE\Pleadings\Final Stip to continue Deadline to mediate.docx

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FILER’S ATTESTATION

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Pursuant to Local Rule 5-1, I hereby attest that on September 16, 2015, I, Catherine

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Cabalo, attorney with The Law Office of Paul L. Rein, received the concurrence of Kristina

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Paszek, counsel for Defendant, in the filing of this document.

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/s/ Catherine Cabalo
Catherine Cabalo

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-4STIPULATION AND [PROPOSED] ORDER
TO CONTINUE DEADLINE FOR GO 56 MEDIATION
Case No. 3:14-cv-05317 RS

S:\CASES\CANADA COLLEGE\Pleadings\Final Stip to continue Deadline to mediate.docx