D.W. et al v. Vasona Management, Inc. et al

Filing 21

STIPULATION AND ORDER re 20 STIPULATION WITH PROPOSED ORDER CONTINUING DEADLINE TO COMPLETE MEDIATION filed by Shamon Blue, D.W., Joan Bennett. Signed by Judge Jon S. Tigar on December 3, 2018. (wsn, COURT STAFF) (Filed on 12/3/2018)

1
2
3
4
5
6
7

ALLACCESS LAW GROUP
Irene Karbelashvili, State Bar Number 232223
[e-mail]
Irakli Karbelashvili, State Bar Number 302971
[e-mail]
19 North Second Street, Suite 205
San Jose, CA 95113
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for D.W. and SHAMON BLUE, Plaintiffs

8

UNITED STATES DISTRICT COURT

9
10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12
13

D.W., a minor, et al.
Plaintiffs,

14
15
16
17
18
19

vs.

Case No. 4:18-cv-00195-JST
STIPULATION AND [PROPOSED]
ORDER CONTINUING THE
MEDIATION DEADLINE

VASONA MANAGEMENT, INC., a
California corporation et al.
Defendants

20
21
22
23
24
25
26
27
28

IT IS HEREBY STIPULATED by and between Plaintiffs D.W., a minor by and through
his Guardian Ad Litem, Joan Bennet; and Shamon Blue (collectively “Plaintiffs”) and Vasona
Management, Inc. and Catalina Crest, LLC (collectively “Defendants”) by and through their
respective counsel of record that the deadline to conduct Court sponsored mediation in
accordance with General Order 56 and the Court’s Scheduling Order be continued from October
29, 2018 to January 3, 2019. The parties believe that good cause exists based on the following:

STIPULATION AND [PROPOSED] ORDER
1

1

1.

Plaintiffs filed this action on January 9, 2018 alleging that Defendants have violated Title

2

III of the Americans with Disabilities Act, the Federal Fair Housing Act and supplemental

3

California statutes. The case was assigned to the provisions of General Order 56.

4

2.

5
6
7
8
9
10
11
12

obtaining a deadline extension from the Court. (Dkt. 15).
3.

4.

On July 31, 2018 Plaintiff requested mediation. (Dkt. 16).

5.

On August 9, 2018 the ADR Unit appointed Mark Penskar, Esq. as the mediator. On
August 29, 2018 the ADR Unit appointed Robert Pohls, Esq. as the new mediator.

6.

Due to Mr. Pohls being ill, the parties did not hold a pre-mediation conference call until
October 31, 2018. At the pre-mediation conference call the parties agreed to have the
mediation session on January 3, 2018, the earliest date available for everyone involved.

14
16

The parties have since entered into settlement discussions but not settlement has been
reached.

13
15

On June 13, 2018 the parties conducted a General Order 56 joint site inspection after

7.

The current deadline to complete mediation is October 29, 2018. Accordingly, the parties
now need an extension of the mediation deadline.

17
18

Respectfully submitted,
GORDON & REES

19
20

Dated: November 29, 2018

SCULLY MANSUKHANI LLP

21
22
23
24
25
26
27

By:

/s/ Marie Trimble Holvick
Marie Trimble Holvick
Ronnie Shou
Attorneys for Defendants
VASONA MANAGEMENT, INC. and
CATALINA CREST, LLC

28

STIPULATION AND [PROPOSED] ORDER
2

1

Dated: November 27, 2018

2

AllAccess Law Group
By:

3
4
5

/s/ Irakli Karbelashvili
Irene Karbelashvili
Irakli Karbelashvili
Attorneys for Plaintiffs
D.W. and SHAMON BLUE

6
DECLARATION IN SUPPORT OF STIPULATION

7

I, Irakli Karbelashvili, hereby declare as follows:

8
9
10
11
12

1. I am an attorney licensed to practice law in the State of California and I am admitted to
practice before this Court. I am counsel of record for Plaintiffs. I submit this declaration pursuant
to Local Rule 6-2 in support of the parties’ stipulation to continue the mediation deadline.
2. Pursuant to Local Rule 6-2, I attest that the facts set forth in the stipulation are all true
and accurate. The relief requested in this stipulation is necessary because the parties were unable

13

to meet the October 29, 2018 mediation deadline. Mediation is currently scheduled for January 3,

14

2019.

15

3. This is the parties’ second request for a time modification. (Dkt. 15).

16
17
18
19
20

I declare under penalty of perjury under the laws of the United States of America that
the foregoing is true and correct. Executed in San Jose, California on November 27, 2018.
/s/ Irakli Karbelashvili
Irakli Karbelashvili

21
22
23
24
25
26
27
28

STIPULATION AND [PROPOSED] ORDER
3

1
2
3
4
5

[PROPOSED] ORDER
Having reviewed the above stipulation, and good cause having been shown, the deadline
to hold a mediation session under General Order 56 is continued to January 3, 201 .
IT IS SO ORDERED.

6
7
8

Dated: December 3 2018
__________,

_______________________
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 AND [PROPOSED] ORDER
4