Moralez v. California Check Cashing Stores, LLC et al

Filing 23

STIPULATION AND ORDER re 22 THIRD STIPULATION WITH PROPOSED ORDER extending deadline to complete joint site inspection filed by California Check Cashing Stores, LLC. No further extensions will be granted. Signed by Judge Jon S. Tigar on March 2, 2018. (jstlc3, COURT STAFF) (Filed on 3/2/2018)

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1 2 3 4 5 6 7 ANTHONY J. DECRISTOFORO, SBN 166171 anthony.decristoforo@ogletree.com PAUL M. SMITH, SBN 306644 paul.smith@ogletree.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Esquire Plaza 1215 K Street 17th Floor Sacramento, CA 95814 Telephone: 916.840.3150 Facsimile: 916.840.3159 Attorneys for Defendants CALIFORNIA CHECK CASHING STORES, LLC 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 FRANCISCA MORALEZ Plaintiff, 13 14 15 16 17 Case No. 3:17-CV-06141-JST v. CALIFORNIA CHECK CASHING STORES, LLC dba CALIFORNIA CHECK CASHING; GENIRBERG FAMILY, LLC, dba THE GENIRBERG FAMILY LIMITED PARTNERSHIP, THIRD STIPULATION TO EXTEND DEADLINE TO COMPLETE JOINT SITE INSPECTION REQUIRED BY GENERAL ORDER 56; [PROPOSED] ORDER Complaint Filed: October 26, 2017 Trial Date: None Set Defendants. 18 19 20 21 22 23 24 Plaintiff, Francisca Moralez (“Plaintiff”), and Defendants, California Check Cashing Stores, LLC dba California Check Cashing; and Genirberg Family, LLC, dba The Genirberg Family Limited Partnership (“Defendants,” and together with Plaintiff, “the Parties”), by and through their respective counsel, hereby stipulate as follows: 1. This action arises out 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 25 of the Americans with Disabilities Act (“ADA”) and parallel California law. Plaintiff seeks 26 27 33160490_1.docx 28 injunctive relief under federal and California law, as well as damages under California law. This matter therefore proceeds under this district’s General Order 56 which governs ADA access matters. 1 Case No. 4:17-CV-06141-JST THIRD STIPULATION TO EXTEND DEADLINE TO COMPLETE JOINT SITE INSPECTION REQUIRED BY GENERAL ORDER 56; [PROPOSED] ORDER 1 2. The Court has ordered that the Parties conduct a joint site inspection of the subject 2 property on or before February 8, 2018 (Dkt. 4); thereafter, the Parties requested an extension 3 and were given until February 13, 2018 (Dkt. 19); thereafter, the Parties requested a second 4 extension and were given until March 2, 2018 (Dkt. 21). 5 3. The Parties are engaging in settlement discussions and wish to avoid incurring 6 additional attorney’s fees and costs incident to attending the joint site inspection while 7 settlement efforts are being exhausted. The Plaintiff and the landlord defendant (Genirberg 8 Family, LLC) have tentatively reached a resolution. 9 10 11 12 13 4. The Parties have agreed to conduct the joint site inspection on March 16, 2018 at 10:30 a.m. unless a settlement is reached prior to that date. 5. Accordingly, the Parties stipulate to extend the deadline to conduct the joint site inspection to March 16, 2018. IT IS SO STIPULATED. 14 15 DATED: March 1, 2018 MISSION LAW FIRM, A.P.C. 16 By: /s/ Zachary M. Best Zachary M. Best Attorney for Plaintiff, Francisca Moralez 17 18 19 DATED: March 1, 2018 20 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 21 By: /s/ Anthony J. DeCristoforo Anthony J. DeCristoforo Attorneys for Defendants CALIFORNIA CHECK CASHING STORES, LLC 22 23 24 25 26 27 33160490_1.docx 28 DATED: March 1, 2018 FERBER LAW By: /s/ James B. Wickersham James B. Wickersham Attorneys for Defendant, Genirberg Family, LLC, dba The Genirberg Family Limited Partnership 2 Case No. 4:17-CV-06141-JST THIRD STIPULATION TO EXTEND DEADLINE TO COMPLETE JOINT SITE INSPECTION REQUIRED BY GENERAL ORDER 56; [PROPOSED] ORDER 1 2 ATTESTATION Concurrence in the filing of this document has been obtained from each of the individual(s) 3 whose electronic signature is attributed above. 4 DATED: March 1, 2018 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 5 6 7 By: /s/ Anthony J. DeCristoforo Anthony J. DeCristoforo Attorneys for Defendants CALIFORNIA CHECK CASHING STORES, LLC 8 9 10 [PROPOSED] ORDER 11 12 13 The Parties having so stipulated and good cause appearing, 14 IT IS HEREBY ORDERED that the deadline for the Parties to complete the joint site April 6 inspection is extended to March 16, 2018, with all dates triggered by that deadline continued 15 accordingly. 16 17 No further extensions will be granted. IT IS SO ORDERED. 18 19 March 2, 2018 Dated: ________________ United States District Judge 20 21 22 23 24 25 33160490.1 26 27 33160490_1.docx 28 3 Case No. 4:17-CV-06141-JST THIRD STIPULATION TO EXTEND DEADLINE TO COMPLETE JOINT SITE INSPECTION REQUIRED BY GENERAL ORDER 56; [PROPOSED] ORDER

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