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)

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1 2 3 4 5 6 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. DAVID RAIZMAN, CA Bar No. 129407 david.raizman@ogletree.com CHRISTOPHER F. WONG, CA Bar No. 142507 christopher.wong@ogletree.com CASSANDRA S. PAYTON, CA Bar No. 270845 cassandra.payton@ogletree.com 400 South Hope Street, Suite 1200 Los Angeles, California 90071 Telephone: 213.239.9800 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 telder@trelegal.com ANNA LEVINE, CA Bar No. 227881 alevine@trelegal.com 4226 Castanos Street Fremont, California 94536 Telephone: 410.415.3493 Facsimile: 888.718.0617 ROSEN BIEN GALVAN & GRUNFELD LLP LISA ELLS, CA Bar No. 243657 lells@rbgg.com MICHAEL S. NUNEZ, CA Bar No. 280535 mnunez@rbgg.com 50 Fremont Street, 19th Floor San Francisco, California 94105-2235 Telephone: 415.433.6830 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

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