Moralez v. David & Esperanza Chavez Family Limited Partnership et al
Filing
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STIPULATION AND ORDER re 25 STIPULATION WITH PROPOSED ORDER extending deadline to complete joint site inspection (second) filed by Francisca Moralez. Signed by Judge Jon S. Tigar on November 27, 2017. (wsn, COURT STAFF) (Filed on 11/27/2017)
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Zachary M. Best, SBN 166035
Tanya E. Moore, SBN 206683
MISSION LAW FIRM, A.P.C.
332 North Second Street
San Jose, California 95112
Telephone (408) 298-2000
Facsimile (408) 298-6046
E-mail: service@mission.legal
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Attorneys for Plaintiff
Francisca Moralez
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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FRANCISCA MORALEZ,
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Plaintiff,
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vs.
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DAVID & ESPERANZA CHAVEZ FAMILY )
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LIMITED PARTNERSHIP dba CHAVEZ
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SUPERMARKET, et al.,
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Defendants.
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No. 3:17-cv-03918-JST
STIPULATION TO EXTEND DEADLINE
TO COMPLETE JOINT SITE
INSPECTION REQUIRED BY GENERAL
ORDER 56; [PROPOSED] ORDER
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STIPULATION TO CONTINUE DEADLINE FOR JOINT SITE INSPECTION; [PROPOSED] ORDER
714\2837458.2
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STIPULATION
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Plaintiff, Francisca Moralez (“Plaintiff”), and Defendants, David & Esperanza Chavez
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Family Limited Partnership dba Chavez Supermarket; Chavez Supermarket Holding Corp. dba
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Chavez Supermarket; John E. McNellis, Trustee of the McNellis Family Trust u/a dated
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October 6, 1993; Michele R. McNellis, Trustee of the McNellis Family Trust u/a dated October
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6, 1993; and Michael S. Powers, Trustee of the Erik Ragnar McNellis Trust dated December 1,
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2012, as Trustee of the Jamie Taylor McNellis Trust dated December 1, 2012, as Trustee of the
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Jennifer Dalton McNellis Trust dated December 1, 2012, and as Trustee of the Courtney Blaine
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McNellis Trust dated December 1, 2012 (collectively “Defendants,” and together with Plaintiff,
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“the Parties”), by and through their respective counsel, hereby stipulate as follows:
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WHEREAS, this action arises out of the Plaintiff’s claims that Defendants denied her
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full and equal access to their public accommodation on account of her disabilities in violation
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of Title III of the Americans with Disabilities Act (“ADA”) and parallel California law.
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Plaintiff seeks injunctive relief under federal and California law, as well as damages under
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California law. This matter therefore proceeds under this district’s General Order 56 which
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governs ADA access matters;
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WHEREAS, on October 25, 2017, the Court granted the Parties’ stipulation to extend
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the deadline to complete the joint site inspection of the subject property as required by General
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Order 56 until November 21, 2017 (Dkt. 23);
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WHEREAS, the Parties are engaging in settlement discussions, have reached a tentative
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agreement on injunctive relief, and wish to avoid incurring additional attorney’s fees and costs
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incident to attending the joint site inspection while settlement efforts are being exhausted;
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WHEREAS, the Parties have agreed to conduct the joint site inspection on December
12 at 9:30 a.m. unless the matter fully settles by that time;
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NOW, THEREFORE, the Parties stipulate to extend the deadline to conduct the joint
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site inspection required by General Order 56 and this Court’s Scheduling Order to December
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12, 2017, with all dates triggered by that deadline continued accordingly, subject to the Parties’
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reservation to further modify the date if necessary.
STIPULATION TO CONTINUE DEADLINE FOR JOINT SITE INSPECTION; [PROPOSED] ORDER
714\2837458.2
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IT IS SO STIPULATED.
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Dated: November 22, 2017
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MISSION LAW FIRM, A.P.C.
/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff,
Francisca Moralez
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Dated: November 22, 2017
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HOPKINS & CARLEY
/s/ Shirley E. Jackson
Shirley E. Jackson
Attorneys for Defendants,
David & Esperanza Chavez Family Limited Partnership
dba Chavez Supermarket; Chavez Supermarket Holding
Corp. dba Chavez Supermarket; John E. McNellis, Trustee
of the McNellis Family Trust u/a dated October 6, 1993;
Michele R. McNellis, Trustee of the McNellis Family
Trust u/a dated October 6, 1993; and Michael S. Powers,
Trustee of the Erik Ragnar McNellis Trust dated
December 1, 2012, as Trustee of the Jamie Taylor
McNellis Trust dated December 1, 2012, as Trustee of the
Jennifer Dalton McNellis Trust dated December 1, 2012,
and as Trustee of the Courtney Blaine McNellis Trust
dated December 1, 2012
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ATTESTATION
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Concurrence in the filing of this document has been obtained from each of the individual(s)
whose electronic signature is attributed above.
/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff
Francisca Moralez
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STIPULATION TO CONTINUE DEADLINE FOR JOINT SITE INSPECTION; [PROPOSED] ORDER
714\2837458.2
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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 deadline for the Parties to complete the joint site
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inspection required by General Order 56 and this Court’s Scheduling Order is extended to
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December 12, 2017, with all dates triggered by that deadline continued accordingly.
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IT IS SO ORDERED.
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Dated: November 27, 2017
HON. JON S. TIGAR
United States District Judge
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STIPULATION TO CONTINUE DEADLINE FOR JOINT SITE INSPECTION; [PROPOSED] ORDER
714\2837458.2
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