Vickers v. J.C. Penney Corporation, Inc. et al

Filing 15

ORDER by Magistrate Judge Sallie Kim granting 14 Stipulation Re Joint Inspection. (sklc2S, COURT STAFF) (Filed on 5/2/2016)

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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Attorney for Plaintiff
Cleveland Vickers

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CLEVELAND VICKERS,

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Plaintiff,

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vs.
J. C. PENNEY CORPORATION, INC. dba
JCPENNEY HILLTOP MALL, et al.,

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Defendants.

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No. 3:16-cv-00256-SK
STIPULATION TO CONTINUE LAST
DATE TO CONDUCT THE JOINT SITE
INSPECTION REQUIRED UNDER
GENERAL ORDER 56 AND THE
SCHEDULING ORDER; [PROPOSED]
ORDER

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Plaintiff, Cleveland Vickers (“Plaintiff”), and Defendants, J.C. Penney Corporation and

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J.C. Penney Properties, Inc. (“Defendants, and together with Plaintiff, “the Parties”), the parties

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to this action, by and through their respective attorneys, hereby stipulate as follows:
1.

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This action arises out of Plaintiff’s complaint that the property owned and

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operates by Defendant does not comply with the requirements of Title III of the Americans with

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Disabilities Act, 42 U.S.C. §§ 12181-12189, and thus is governed by this Court’s General Order

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56.

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2.

The Scheduling Order dated January 15, 2016 requires that the Parties conduct a

joint site inspection of the subject property by April 29, 2016 (Dkt. 4).

STIPULATION TO CONTINUE LAST DATE FOR JOINT SITE INSPECTION; [PROPOSED] ORDER

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3.

The Parties are engaging in settlement discussions and wish to exhaust such

efforts prior to the requirement that the joint site inspection take place.
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In addition, counsel for Defendants unexpectedly had to travel to the East Coast

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due to a family emergency and has been unable to attend a joint site inspection prior to the

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deadline.

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5.

Accordingly, the Parties agree that the last date to conduct the site inspection be

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continued from April 29, 2016 to May 27, 2016, and that all other dates in the Scheduling Order

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triggered by the date of the site inspection also be continued accordingly.

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IT IS SO STIPULATED.

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Dated: April 29, 2016

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Tina Huynh

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Dated: April 29, 2016

MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP

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/s/ David V. Roth
David V. Roth
Attorney for Defendants,
J.C. Penney Corporation and J.C. Penney
Properties, Inc.

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STIPULATION TO CONTINUE LAST DATE FOR JOINT SITE INSPECTION; [PROPOSED] ORDER

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ORDER

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The Parties having so stipulated and good cause appearing,

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IT IS HEREBY ORDERED that the last date for the Parties to conduct the joint site

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inspection required under General Order 56 and the Scheduling Order be continued from April

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29, 2016 to May 27, 2016. All other dates triggered by the date of the joint site inspection shall

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be continued accordingly.

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IT IS SO ORDERED.

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Dated: May 2, 2016
United States District Judge

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STIPULATION TO CONTINUE LAST DATE FOR JOINT SITE INSPECTION; [PROPOSED] ORDER

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