Moralez v. Rowen et al
Filing
14
ORDER: Re 13 Case Management Statement filed by Francisca Moralez. A Joint Updated Case Management Statement due by 3/3/2016. Case Management Conference reset to 3/10/2016 at 11:00 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 12/8/2015. (lsS, COURT STAFF) (Filed on 12/8/2015)
1
2
3
4
5
Russell S. Humphrey (SBN 208744)
Humphrey Law Group
1420 S. Mills Avenue, Suite H
Lodi, CA 95242
TELEPHONE (209)625-8976
FACSIMILE (209)625-8673
E-MAIL: russell@humphreylawgroup.net
Attorney for Plaintiff
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
11
FRANCISCA MORALEZ,
Plaintiff,
12
vs.
13
14
15
ROBERT ROWEN, M.D., et al.
Defendants.
16
17
)
)
)
)
)
)
)
)
)
)
)
)
)
)
3:15-cv-2472-LB
PLAINTIFF’S CASE MANAGEMENT
STATEMENT
ORDER
[Complaint Filed June 3, 2015]
Courtroom: C-15th Floor
Time: 11:00 a.m.
Date: December 17, 2015
18
19
20
21
22
1.
Jurisdiction and Service:
The United States District Court, Northern District of
California, has original federal question jurisdiction of the
action pursuant to 28 U.S.C. §1331 for violations of the ADA, 42
23
24
25
U.S.C. §12101 et seq.
The Court also has supplemental
jurisdiction over all state law claims pursuant to 28 U.S.C. §
26
27
28
3:15-cv-2472
Case Management Statement
- 1 -
1
2
1367, because the state law claims arise out of the same case or
controversy.
Defendants have NOT been served as of the date of this
3
4
5
filing.
However, counsel for Plaintiff has been in regular
contact with counsel for Defendants as the parties have
6
7
8
discussed settlement.
Counsel for Defendants indicated he would
accept service on behalf of his clients.
9
10
11
2.
Facts:
Plaintiff visited Defendants Rowen and Su’s office for
12
13
treatment between May 2013-September 2013 for approximately 10
14
visits.
15
was no properly configured accessible/van accessible parking,
16
level pavement, safe path of travel, accessible customer
17
While at those several visits, Plaintiff noticed there
counter, proper signage within the location or at the entrance
18
19
20
at their office, and crosswalk markings.
Plaintiff experienced difficulty, discomfort and anxiety as
21
her ramp continuously got stuck in the grading of the parking
22
lot as she attempted to exit and enter her accessible van.
23
24
25
26
Plaintiff had to ride her chair with difficulty over rough
cracked sidewalk and pavement without proper grading from
pavement to sidewalk, with many slopes.
27
28
3:15-cv-2472
Case Management Statement
- 2 -
1
Plaintiff discussed the difficulties with Defendant Su and
2
employees on multiple occasions but nothing was done.
3
Su, at one point, suggested that she park down the street at
4
another location that she believed did have van accessible
5
Defendant
parking.
6
7
8
3.
The legal issues in this case are standard ADA issues
9
10
Legal Issues:
common to virtually every ADA case in the district.
11
12
13
4.
If the case does not settle in the near term Plaintiff
14
15
Motions:
expects to do discovery the file a Motion for Summary Judgment.
16
17
5.
Amendment of Pleadings:
18
The only potential amendment would be a request to add the
19
20
owner of the real property at the time Plaintiff experienced the
21
physical barriers. Plaintiff initially named the current owner
22
on her complaint.
23
24
25
After meeting with the owner Plaintiff
decided to dismiss the current owner as he did not own the
property at the time of the discrimination against Plaintiff.
26
27
6.
Evidence Preservation:
28
3:15-cv-2472
Case Management Statement
- 3 -
The parties have NOT conducted a meet and confer regarding
1
2
evidence preservation.
3
4
7.
5
Disclosures:
Plaintiff has NOT provided initial disclosures pursuant to
6
7
the Federal Rules.
8
9
8.
10
11
Discovery:
No discovery has been propounded as of the date of this
filing.
12
13
14
9.
Class Action:
Not applicable.
15
16
17
10.
Related Cases:
18
Not applicable.
19
20
21
11.
22
23
24
25
Relief:
Plaintiff seeks injunctive relief, statutory and
compensatory damages and fees and cost associated with the
litigation.
26
27
12.
Settlement and ADR:
28
3:15-cv-2472
Case Management Statement
- 4 -
Plaintiff’ counsel spoke to counsel for defendants many
1
2
times regarding settlement of this matter.
3
very close to settling the case.
4
settlement release prepared and provided to Plaintiff for her
5
execution.
The parties were
In fact, there was a
After review and consideration, Plaintiff decided
6
7
not to execute the agreement.
Since that time Plaintiff’s counsel provided counsel for
8
9
10
11
defendants an updated settlement release that defendants are
currently considering.
As of the date of this case management
statement defendants are still considering whether to accept the
12
13
offer or not.
If the case does not settle in the near term Plaintiff is
14
15
agreeable to an early settlement conference and all available
16
ADR.
17
18
19
13.
Consent to Magistrate Judge For All Purposes:
Plaintiff consents to a Magistrate Judge for all purposes.
20
21
22
14.
23
Other References:
Not applicable.
24
25
26
27
28
15.
Narrowing of Issues:
Not applicable.
3:15-cv-2472
Case Management Statement
- 5 -
1
2
16.
Expedited Trial Procedure:
Not applicable.
3
4
5
17.
Scheduling:
6
Plaintiff suggests the scheduling of motions and other
7
8
appropriate dates be set once Defendants appear in the case.
9
10
18.
11
Trial:
Plaintiff suggests trial dates be set once Defendants
12
13
appear in the case.
14
15
19.
16
Disclosure of Non-party Interested Entities or Persons:
Not applicable.
17
18
19
20.
Professional Conduct:
Not applicable.
20
21
22
23
21.
Other Matters:
Not applicable.
24
25
26
DATED: DECEMBER 7, 2015
HUMPHREY LAW GROUP
27
28
3:15-cv-2472
Case Management Statement
- 6 -
__/s/Russell S. Humphrey_____
By: Russell S. Humphrey
Attorney for Plaintiff
1
2
3
9
10
RT
12
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
au
Judge L
ER
H
13
3:15-cv-2472
Case Management Statement
- 7 -
er
rel Beel
NO
11
D
RDERE
OO
IT IS S
R NIA
UNIT
ED
8
S DISTRICT
TE
C
TA
RT
U
O
S
7
FO
6
LI
5
Given this explanation, the court continues the case management conference for
approximately 90 days to March 10, 2016 at 11:00 a.m. and directs the filing
of an updated case management statement on March 3, 2016.
Dated: December 8, 2015
A
4
N
D IS T IC T
R
OF
C
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?