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)

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Russell S. Humphrey (SBN 208744)
Humphrey Law Group
1420 S. Mills Avenue, Suite H
Lodi, CA 95242
TELEPHONE [phone]
FACSIMILE [phone]
E-MAIL: [e-mail]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANCISCA MORALEZ,
Plaintiff,

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vs.

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ROBERT ROWEN, M.D., et al.
Defendants.

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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

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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

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U.S.C. §12101 et seq.

The Court also has supplemental

jurisdiction over all state law claims pursuant to 28 U.S.C. §

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3:15-cv-2472
Case Management Statement

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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

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filing.

However, counsel for Plaintiff has been in regular

contact with counsel for Defendants as the parties have

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discussed settlement.

Counsel for Defendants indicated he would

accept service on behalf of his clients.

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2.

Facts:
Plaintiff visited Defendants Rowen and Su’s office for

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treatment between May 2013-September 2013 for approximately 10

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visits.

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was no properly configured accessible/van accessible parking,

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level pavement, safe path of travel, accessible customer

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While at those several visits, Plaintiff noticed there

counter, proper signage within the location or at the entrance

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at their office, and crosswalk markings.
Plaintiff experienced difficulty, discomfort and anxiety as

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her ramp continuously got stuck in the grading of the parking

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lot as she attempted to exit and enter her accessible van.

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Plaintiff had to ride her chair with difficulty over rough
cracked sidewalk and pavement without proper grading from
pavement to sidewalk, with many slopes.

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3:15-cv-2472
Case Management Statement

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Plaintiff discussed the difficulties with Defendant Su and

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employees on multiple occasions but nothing was done.

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Su, at one point, suggested that she park down the street at

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another location that she believed did have van accessible

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Defendant

parking.

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3.

The legal issues in this case are standard ADA issues

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Legal Issues:

common to virtually every ADA case in the district.

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4.

If the case does not settle in the near term Plaintiff

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Motions:

expects to do discovery the file a Motion for Summary Judgment.

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5.

Amendment of Pleadings:

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The only potential amendment would be a request to add the

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owner of the real property at the time Plaintiff experienced the

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physical barriers. Plaintiff initially named the current owner

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on her complaint.

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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.

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6.

Evidence Preservation:

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3:15-cv-2472
Case Management Statement

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The parties have NOT conducted a meet and confer regarding

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evidence preservation.

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Disclosures:
Plaintiff has NOT provided initial disclosures pursuant to

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the Federal Rules.

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8.

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Discovery:
No discovery has been propounded as of the date of this

filing.

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9.

Class Action:
Not applicable.

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10.

Related Cases:

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Not applicable.

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11.

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Relief:
Plaintiff seeks injunctive relief, statutory and

compensatory damages and fees and cost associated with the
litigation.

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12.

Settlement and ADR:

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3:15-cv-2472
Case Management Statement

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Plaintiff’ counsel spoke to counsel for defendants many

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times regarding settlement of this matter.

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very close to settling the case.

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settlement release prepared and provided to Plaintiff for her

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execution.

The parties were

In fact, there was a

After review and consideration, Plaintiff decided

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not to execute the agreement.
Since that time Plaintiff’s counsel provided counsel for

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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

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offer or not.
If the case does not settle in the near term Plaintiff is

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agreeable to an early settlement conference and all available

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ADR.

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13.

Consent to Magistrate Judge For All Purposes:
Plaintiff consents to a Magistrate Judge for all purposes.

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Other References:
Not applicable.

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15.

Narrowing of Issues:
Not applicable.

3:15-cv-2472
Case Management Statement

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16.

Expedited Trial Procedure:
Not applicable.

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17.

Scheduling:

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Plaintiff suggests the scheduling of motions and other

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appropriate dates be set once Defendants appear in the case.

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Trial:
Plaintiff suggests trial dates be set once Defendants

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appear in the case.

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Disclosure of Non-party Interested Entities or Persons:
Not applicable.

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Professional Conduct:
Not applicable.

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Other Matters:
Not applicable.

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DATED: DECEMBER 7, 2015

HUMPHREY LAW GROUP

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3:15-cv-2472
Case Management Statement

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__/s/Russell S. Humphrey_____
By: Russell S. Humphrey
Attorney for Plaintiff

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RT

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au
Judge L

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3:15-cv-2472
Case Management Statement

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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

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