Moralez v. David & Esperanza Chavez Family Limited Partnership et al

Filing 28

STIPULATION AND ORDER re 27 STIPULATION WITH PROPOSED ORDER Stipulation to Extend Deadline to Complete Joint Site Inspection Required by General Order 56; [Proposed] Order filed by Michele S. Powers, Michael S Powers, Michele R. McNellis, David & Esperanza Chavez Family Limited Partnership, John E. McNellis, Chavez Supermarket Holding Corp. Signed by Judge Jon S. Tigar on December 12, 2017. (wsn, COURT STAFF) (Filed on 12/12/2017)

1
2
3
4

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 [phone]
Facsimile [phone]
E-mail: [e-mail]

5
6

Attorneys for Plaintiff
Francisca Moralez

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17

FRANCISCA MORALEZ,

)
)
)
Plaintiff,
)
)
vs.
)
DAVID & ESPERANZA CHAVEZ FAMILY )
)
LIMITED PARTNERSHIP dba CHAVEZ
)
SUPERMARKET, et al.,
)
)
Defendants.
)
)

No. 3:17-cv-03918-JST
STIPULATION TO EXTEND DEADLINE
TO COMPLETE JOINT SITE
INSPECTION REQUIRED BY GENERAL
ORDER 56; [PROPOSED] ORDER

18
19
20
21
22
23
24
25
26
27
28

STIPULATION TO CONTINUE DEADLINE FOR JOINT SITE INSPECTION; [PROPOSED] ORDER
714\2854340.2

Page 1

1

STIPULATION

2

Plaintiff, Francisca Moralez (“Plaintiff”), and Defendants, David & Esperanza Chavez

3

Family Limited Partnership dba Chavez Supermarket; Chavez Supermarket Holding Corp. dba

4

Chavez Supermarket; John E. McNellis, Trustee of the McNellis Family Trust u/a dated October 6,

5

1993; Michele R. McNellis, Trustee of the McNellis Family Trust u/a dated October 6, 1993; and

6

Michael S. Powers, Trustee of the Erik Ragnar McNellis Trust dated December 1, 2012, as Trustee

7
8
9

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 (collectively “Defendants,” and together with Plaintiff, “the Parties”), by

10
and through their respective counsel, hereby stipulate as follows:

11
12
13
14
15

WHEREAS, this action arises out of the claims of Plaintiff’s claims that Defendants
denied her full and equal access to their public accommodation on account of her disabilities in
violation of Title III of the Americans with Disabilities Act (“ADA”) and parallel California
law. Plaintiff seeks injunctive relief under federal and California law, as well as damages under

16

California law. This matter therefore proceeds under this district’s General Order 56 which

17

governs ADA access matters;

18

WHEREAS, on October 25, 2017, the Court granted the Parties’ stipulation to extend

19

the deadline to complete the joint site inspection of the subject property as required by General

20

Order 56 until November 21, 2017 (Dkt. 23);

21
22

WHEREAS, the Parties had agreed to conduct the joint site inspection on December 12
at 9:30 a.m. unless the matter fully settles by that time;

23

WHEREAS, because the Parties have reached settlement agreement (both injunctive

24

relief and monetary damages) and are in the process of circulating the written settlement

25

agreement for signatures, the Parties wish to avoid incurring additional and unnecessary

26
27
28

attorney’s fees and costs incident to attending the joint site inspection;
WHEREAS, the Parties have agreed to reschedule the joint site inspection to January
11, 2018 at 2:00 p.m.;
STIPULATION TO CONTINUE DEADLINE FOR JOINT SITE INSPECTION; [PROPOSED] ORDER
714\2854340.2

Page 2

1

NOW, THEREFORE, the Parties stipulate to extend the deadline to conduct the joint

2

site inspection required by General Order 56 and this Court’s Scheduling Order to January 16,

3

2018, with all dates triggered by that deadline continued accordingly, subject to the Parties’

4

reservation to further modify the date if necessary.

5

IT IS SO STIPULATED.

6
7

Dated: December 12, 2017

8

MISSION LAW FIRM, A.P.C.
Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff,
Francisca Moralez

9
10
11
12

Dated: December 12, 2017

HOPKINS & CARLEY

13
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

14
15
16
17
18
19
20
21
22
23

ATTESTATION

24
25

Concurrence in the filing of this document has been obtained from each of the individual(s)
whose electronic signature is attributed above.

26

Shirley E. Jackson
Shirley E. Jackson
Attorneys for Defendants

27
28

STIPULATION TO CONTINUE DEADLINE FOR JOINT SITE INSPECTION; [PROPOSED] ORDER
714\2854340.2

Page 3

ORDER

1
2

The Parties having so stipulated and good cause appearing,

3

IT IS HEREBY ORDERED that the deadline for the Parties to complete the joint site

4

inspection required by General Order 56 and this Court’s Scheduling Order is extended to

5

January 16, 2018, with all dates triggered by that deadline continued accordingly.

6

IT IS SO ORDERED.

7
8

Dated: December 12, 2017
HON. JON S. TIGAR
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION TO CONTINUE DEADLINE FOR JOINT SITE INSPECTION; [PROPOSED] ORDER
714\2854340.2

Page 4