Moralez v. Darbri Corporation et al

Filing 27

STIPULATION AND ORDER re 26 to extend mediation deadline filed by Francisca Moralez. Case Management Statement due by 7/26/2018. Initial Case Management Conference set for 8/2/2018 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Signed by Judge Edward M. Chen on 4/23/18. (bpfS, COURT STAFF) (Filed on 4/23/2018)

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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]
Attorney 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,
vs.
DARBRI CORPORATION dba MARKUS
SUPPLY ACE HARDWARE, et al.,
Defendants.

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No. 3:17-cv-05870-EMC
STIPULATED REQUEST TO EXTEND
DEADLINE TO CONDUCT MEDIATION
REQUIRED BY GENERAL ORDER 56;
[PROPOSED] ORDER

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Plaintiff, Francisca Moralez (“Plaintiff”), and Defendants, Darbri Corporation dba

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Markus Supply Ace Hardware, Cardanal Partners L.L.C., Sharon J. Gordon, Daniel W.

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Altwarg, and Carol Altwarg (collectively “Defendants,” and together with Plaintiff, “the

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Parties”), hereby stipulate as follows:

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1.

This matter arises out of Plaintiff’s claim that she visited property owned and/or

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operated by Defendants and encountered conditions which prevented her full and equal access

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thereto as a result of her disabilities. Plaintiff alleges that Defendant violated Title III of the

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Americans with Disabilities Act and related California law. This matter therefore proceeds

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under this District’s General Order 56 and related Scheduling Order.

STIPULATION FOR EXTENSION OF TIME
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2.

The Parties timely conducted the required joint site inspection of the subject

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property and met and conferred on January 24, 2018. When a settlement was not reached,

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Plaintiff filed a Notice of Need for Mediation on March 7, 2018 (Dkt. 18). On March 13, 2018,

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the Court appointed mediator Kari Levine (“the Mediator”) (Dkt. 19).

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3.

Although not set forth in the Scheduling Order (Doc. 4), General Order 56

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requires that the mediation take place “in no event later than 90 days from the Date the Notice

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of Need for Mediation is filed, unless otherwise ordered by the assigned judge.” General Order

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56, ¶ 7. Because the Notice of Need for Mediation was filed on March 7, 2018, the last date by

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which the mediation can take place without an Order of the Court is June 5, 2018.

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4.

The Parties and the mediator were unable to agree upon a date and time that was

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amenable to the Parties, their counsel, and the Mediator before June 5, 2018. However, the

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Parties, their counsel, and the Mediator have now agreed that the mediation will take place on

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July 17, 2018 at 11:00 a.m.

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5.

Therefore, subject to Court approval, the Parties request that the last date for the

mediation required by General Order 56 be continued from June 5, 2018 to July 17, 2018.

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IT IS SO STIPULATED.
Dated: April 20, 2018

MISSION LAW FIRM, A.P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Francisca Moralez

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Dated: April 20, 2018

LEADER-PICONE & YOUNG, LLP
/s/ Malcolm Leader-Picone
Malcolm Leader-Picone
Attorneys for Defendants,
Darbri Corporation dba Markus Supply
Ace Hardware, Cardanal Partners L.L.C.,
Sharon J. Gordon, Daniel W. Altwarg,
and Carol Altwarg

STIPULATION FOR EXTENSION OF TIME
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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.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Francisca Moralez

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[PROPOSED] ORDER

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The Parties having so stipulated, and good cause appearing,

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General Order 56 must be completed is continued from June 5, 2018 to July 17, 2018.
IT IS SO ORDERED.

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Judge E

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DERED
SO OR ED
IT IS
DIFI
AS MO

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M. Che

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D IS T IC T O
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STIPULATION FOR EXTENSION OF TIME
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R NIA

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S DISTRICT
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United States Magistrate Judge

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4/23/18

Dated:

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A joint CMC

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CMC is reset from 5/31/18 to 8/2/18 at 9:30 a.m.
statement shall be filed by 7/26/18.

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IT IS HEREBY ORDERED that the last date by which the mediation mandated by

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UNIT
ED

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