National Federation of the Blind et al v. Greyhound Lines, Inc. et al

Filing 16

STIPULATION AND ORDER RE 15 Extending Deadlines under General Order No. 56 and Scheduling Order. Signed by Judge Richard Seeborg on 9/25/17. (cl, COURT STAFF) (Filed on 9/25/2017)

1
2
3
4
5
6

OGLETREE, DEAKINS,
NASH, SMOAK & STEWART, P.C.
DAVID RAIZMAN, CA Bar No. 129407
[e-mail]
CHRISTOPHER F. WONG, CA Bar No. 142507
[e-mail]
CASSANDRA S. PAYTON, CA Bar No. 270845
[e-mail]
400 South Hope Street, Suite 1200
Los Angeles, California 90071
Telephone: [phone]
Facsimile: 213.239.9045

7
8

Attorneys for Defendants
GREYHOUND LINES, INC.,
FIRSTGROUP AMERICA, INC.

9
[ADDITIONAL COUNSEL CONTINUED ON NEXT PAGE]
10
11
12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14
15
16
17
18
19
20

NATIONAL FEDERATION OF THE
BLIND, on behalf of itself and all others
similarly situated; GREG DEWALL, on
behalf of himself and all others similarly
situated; RICHIE FLORES, on behalf of
himself and all others similarly situated;
MICHAEL HINGSON, on behalf of himself
and all others similarly situated;
MICHAEL RICHARDSON, on behalf of
himself and all others similarly situated; and
TINA THOMAS, on behalf of herself and all
others similarly situated,

21
22
23
24
25

Case No. 3:17-cv-03368-RS
JOINT STIPULATION AND MOTION FOR
EXTENSION OF DEADLINES UNDER
GENERAL ORDER NO. 56 AND
SCHEDULING ORDER; [PROPOSED]
ORDER
Complaint Filed:
Trial Date:
District Judge:
Courtroom:

June 12, 2017
None
Hon. Richard Seeborg
3, San Francisco

Plaintiffs,
v.
GREYHOUND LINES, INC., and
FIRSTGROUP AMERICA, INC.,
Defendants.

26
27
28
Case No. 3:17-cv-03368-RS
JOINT STIPULATION AND MOTION FOR EXTENSION OF DEADLINES UNDER GENERAL ORDER NO. 56

1
2
3
4
5
6
7
8
9
10

TRE LEGAL PRACTICE
TIMOTHY ELDER, CA Bar No. 277152
[e-mail]
ANNA LEVINE, CA Bar No. 227881
[e-mail]
4226 Castanos Street
Fremont, California 94536
Telephone: [phone]
Facsimile: 888.718.0617
ROSEN BIEN GALVAN & GRUNFELD LLP
LISA ELLS, CA Bar No. 243657
[e-mail]
MICHAEL S. NUNEZ, CA Bar No. 280535
[e-mail]
50 Fremont Street, 19th Floor
San Francisco, California 94105-2235
Telephone: [phone]
Facsimile: 415.433.7104

11 Attorneys for Plaintiffs
NATIONAL FEDERATION OF THE BLIND,
12 GREG DEWALL, RICHIE FLORES,
MICHAEL HINGSON, MICHAEL RICHARDSON,
13 and TINA THOMAS
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
Case No. 3:17-cv-03368-RS
JOINT STIPULATION AND MOTION FOR EXTENSION OF DEADLINES UNDER GENERAL ORDER NO. 56

1

Pursuant to Civil Local Rule 7-11, plaintiffs National Federation of the Blind, Greg Dewall,

2 Richie Flores, Michael Hingson, Michael Richardson, and Tina Thomas (collectively, “Plaintiffs”),
3 on the one hand, and defendants Greyhound Lines, Inc. and FirstGroup America, Inc. (collectively,
4 “Defendants”), on the other hand, by and through their respective counsel, hereby stipulate and
5 move for administrative relief and an extension of the applicable deadlines in the Court’s
6 Scheduling Order (ECF No. 6) and General Order No. 56, as follows:
7

1.

Plaintiffs have commenced an action on behalf of a putative class of individuals

8 with visual disabilities, under the Americans with Disabilities Act and other laws, concerning the
9 alleged inaccessibility of the website, www.greyhound.com, and a Greyhound mobile application.
10

2.

The Court’s scheduling order applying General Order No. 56 established the

11 following deadlines:
12

September 25, 2017 - Last day for parties and counsel to hold joint inspection of

13

premises, with or without meet-and-confer regarding settlement.

14

28 days after Joint Site Inspection - Last day for parties to meet and confer in

15

person to discuss settlement.

16

42 days after Joint Site Inspection - Last day for plaintiff to file a Notice of Need

17

for Mediation.

18

7 days after mediation - Last day for plaintiff to file Motion for Administrative

19

Relief Requesting Case Management Conference.

20

3.

Defendants have proposed a limited extension of the deadlines in the Court’s

21 General Order No. 56 schedule based on the fact that the parties have already engaged in
22 preliminary settlement discussions, that a third-party vendor retained by Defendants has
23 commenced an assessment of the website at issue and advised that such assessment will not be
24 completed until the end of November 2017, and that Defendants believe the proposed limited
25 extension of the applicable deadlines under General Order No. 56 will assist the parties’ ability to
26 engage in meaningful settlement discussions.
27

4.

Accordingly, the parties have agreed that the applicable deadlines in the Court’s

28 General Order No. 56 schedule should be extended as set forth below.
2
Case No. 3:17-cv-03368-RS
JOINT STIPULATION AND MOTION FOR EXTENSION OF DEADLINES UNDER GENERAL ORDER NO. 56

1

Therefore, IT IS HEREBY STIPULATED, AGREED AND REQUESTED by the parties,

2 subject to approval by the Court, that the parties’ obligations under General Order No. 56 and the
3 Court’s Scheduling Order in this matter shall be revised as follows:
4

(i)

5

The last day for the parties to conduct the joint inspection and meet and confer
conference to discuss settlement shall be October 25, 2017.

6

(ii)

The last day for filing the Notice of Need for Mediation shall be October 26, 2017.

7

(iii)

The last day for the parties to conduct a mediation shall be December 15, 2017.

8

(iv)

The last day for filing a Motion for Administrative Relief Requesting Case

9

Management Conference shall be December 20, 2017.

10
11
12

Respectfully submitted,
DATED: September 22, 2017

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

13
14
15

By: /s/
Cassandra Payton

16
17

Attorneys for Defendants
GREYHOUND LINES, INC., and FIRSTGROUP
AMERICA, INC.

18
19
20
DATED: September 22, 2017
21

TRE LEGAL PRACTICE
ROSEN BIEN GALVAN & GRUNFELD LLP

22
23
24
25
26
27

By: /s/
Anna Levine
Attorneys for Plaintiffs
NATIONAL FEDERATION OF THE BLIND,
GREG DEWALL, RICHIE FLORES, MICHAEL
HINGSON, MICHAEL RICHARDSON and
TINA THOMAS

28
3
Case No. 3:17-cv-03368-RS
JOINT STIPULATION AND MOTION FOR EXTENSION OF DEADLINES UNDER GENERAL ORDER NO. 56

1

ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1

2

I, Cassandra Payton, attest that concurrence in the filing of this Joint Stipulation And

3

Motion For Administrative Relief For Extension Of Deadlines Required Under Scheduling Order

4

And General Order No. 56 has been obtained from the other signatories.

5
________/s/______________________
Cassandra Payton

6
7
8

PURSUANT TO STIPULATION, IT IS SO ORDERED.

9
10
11
12
13

DATED: 9/25/17
By:
The Honorable Richard Seeborg
United States District Judge
Northern District of California

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
Case No. 3:17-cv-03368-RS
JOINT STIPULATION AND MOTION FOR EXTENSION OF DEADLINES UNDER GENERAL ORDER NO. 56