Hernandez v. Belmont 76 Service Inc. et al

Filing 35

ORDER by Judge Sallie Kim granting 34 Administrative Motion to Comply with General Order 56. (sklc1, COURT STAFF) (Filed on 3/5/2025)

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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
1900 Camden Avenue, Suite 101
San Jose, California 95124
Telephone [phone]
Facsimile [phone]
E-mail: [e-mail]
Attorney for Plaintiff
Gerardo Hernandez

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GERARDO HERNANDEZ,

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Plaintiff,
vs.

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BELMONT 76 SERVICE, INC., et al.,

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Defendants.

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) No. 3:24-cv-04545-SK
)
) MOTION FOR ADMINISTRATIVE
) RELIEF TO ENFORCE GENERAL
)
) ORDER 56 REQUIREMENTS, TO
) EXTEND DEADLINE FOR
) SETTLEMENT MEETING AND NOTICE
) OF SETTLEMENT/NOTICE OF NEED
) FOR MEDIATION; ORDER
)
)
)
)
)

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Plaintiff, Gerardo Hernandez (“Plaintiff”), hereby moves this Court for administrative

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relief under Local Rule 7-11 and General Order 56 ¶ 3 to enforce General Order 56’s

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requirements by compelling Defendants Belmont 76 Service Inc. and Diana M. Batshon, Trustee

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of the Batshon Family Trust, dated July 14, 1992 (collectively “Defendants”) to produce initial

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disclosures as required by General Order 56 ¶ 4, and to cooperate in scheduling the settlement

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meeting required by General Order 56 ¶ 8.

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The General Order 56 requirements are mandatory, and were designed by the Northern

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District to facilitate resolution of ADA cases. Paragraph 3 of General Order 56 provides that:

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“Requests […] to be relieved of any of the requirements of this Order, or to enforce any of the
MOTION FOR ADMINISTRATIVE RELIEF TO ENFORCE GENERAL ORDER 56 REQUIREMENTS;
ORDER

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requirements of this Order may be made by stipulation and proposed order under Civil Local

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Rule 7-12 or by filing a Motion for Administrative Relief under Civil Local Rule 7-11.” No party

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has filed a request to be relieved from the General Order 56 requirements, nor is there good cause

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to do so.

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Plaintiff has made diligent attempts to meet and confer on these issues, as set forth in the

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Declaration of Tanya E. Moore, filed herewith (“Moore Decl.”). Defendants have not responded

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to these meet-and-confer efforts, and therefore Plaintiff is filing this unilateral request at this

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time to ensure it is brought sufficiently in advance of the current deadlines.

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Argument
I.

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Defendants have failed to cooperate in scheduling the required settlement
meeting.

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This case seeks, in part, relief pursuant to Title III of the Americans with Disabilities Act

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(“ADA”), and is therefore controlled in this Court by the procedures established by General

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Order 56 (“G.O. 56”). The parties conducted the joint site inspection required by G.O. 56 on

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December 17, 2024. (Moore Decl., ¶ 2.) Under G.O. 56, the settlement meeting must be

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conducted within 35 days of the joint site inspection. Plaintiff has already had to request an

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extension of the settlement meeting due to lack of cooperation from Defendants in scheduling

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the meeting to take place by the original deadline. (See, Dkt. 32.) In granting Plaintiff’s request,

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the Court extended the time to complete the settlement meeting to February 25, 2025, and

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ordered the parties to file a Notice of Settlement of ADA Action or Notice of Need for Mediation

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(G.O. 56, ¶ 9) within one week of the meeting.

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Plaintiff has diligently attempted to obtain Defendants’ cooperation in scheduling the

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required settlement meeting but Defendants have been unresponsive to Plaintiff’s efforts. (Moore

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Decl., ¶¶ 6-10.) Plaintiff therefore asks that the Court compel Defendants to cooperate with

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scheduling of the settlement meeting and come to an agreement no later than March 7, 2025 on

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a date for the meeting.

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MOTION FOR ADMINISTRATIVE RELIEF TO ENFORCE GENERAL ORDER 56 REQUIREMENTS;
ORDER

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II.

Defendants have served incomplete initial disclosures as required by G.O. 56.

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G.O. 56 ¶ 4 requires that initial disclosures required by Federal Rule of Civil Procedure

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26(a)(1) must be completed no later than 7 days prior to the joint site inspection, and provides

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that upon request, copies of the documents identified in initial disclosures must be provided to

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the opposing party.

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G.O. 56 also specifically provides: “Defendant shall disclose all information in

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defendant’s possession or control regarding the construction or alteration history of the subject

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premises if defendant intends to dispute liability on that basis,” and “[i[f a defendant claims the

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injunctive relief sought is not readily achievable, that defendant shall disclose all information in

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its possession or control supporting that defense, including information pertaining to the factors

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stated in 42 U.S.C. § 12181(9) and to any alternative methods that are used to provide access.”

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Plaintiff’s counsel has requested that Defendants produce copies of the documents

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identified in the initial disclosures as required by General Order 56, paragraph 4(b), as well as

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disclosure of any policies that have been implemented to facilitate access to the business via

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alternative accommodations. (Moore Decl., ¶¶ 4-5.) Despite numerous follow-ups, this

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information and documents have never been produced. (Id.) Furthermore, the Court has

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expressly ordered Defendants to produce the documents identified in their initial disclosures,

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including information on any policies relating to accessibility (if applicable), by February 3,

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2025 (Dkt. 33). Defendants have ignored the Court’s Order.

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The information that G.O. 56 requires to be disclosed by Defendants is important to the

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plaintiff’s evaluation of which accessibility standards to apply to the facility, and whether there

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is any potential for dispute over barrier removal being readily achievable. For this reason, under

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G.O. 56 which was designed to facilitate the settlement process, this information is required to

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be produced prior to the joint site inspection. Plaintiff asks that the Court order Defendants to

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serve fully compliant initial disclosures, including all the information required under G.O. 56,

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by March 7, 2025.

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MOTION FOR ADMINISTRATIVE RELIEF TO ENFORCE GENERAL ORDER 56 REQUIREMENTS;
ORDER

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Conclusion

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The current deadline to conduct the G.O. 56 settlement meeting is February 25, 2025. To

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permit sufficient time to obtain Defendants’ cooperation in scheduling and to conduct the

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settlement meeting, Plaintiff requests that the deadline to complete the settlement meeting be

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continued from February 25, 2025 to March 25, 2025. Plaintiff requests that the deadline for the

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parties to file a Notice of Need for Mediation and Certification of Counsel, or Notice of

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Settlement of ADA Access Case, pursuant to G.O. 56 ¶ 9, remain as set one week following the

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settlement meeting.

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Plaintiff additionally respectfully asks that the Court order Defendants to cooperate in

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the scheduling of the settlement meeting and to agree no later than March 7, 2025 to a date for

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the meeting, which shall take place no later than March 25, 2025; that Defendants be ordered,

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once again, to produce the documents identified in their initial disclosures, including information

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on any policies relating to accessibility (if applicable), by March 7, 2025; and that Defendants

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be admonished that continuing failure to cooperate in the G.O. 56 process may subject them to

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sanctions.

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Dated: February 21, 2025

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Gerardo Hernandez

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MOTION FOR ADMINISTRATIVE RELIEF TO ENFORCE GENERAL ORDER 56 REQUIREMENTS;
ORDER

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ORDER
The Court having considered the motion of Plaintiff for administrative relief under

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General Order 56, and good cause appearing,

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IT IS HEREBY ORDERED:

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1.

Defendants shall cooperate in the scheduling of the settlement meeting under

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General Order 56, and shall agree no later than March 10, 2025 to a date for the

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inspection, which shall take place no later than March 25, 2025;

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2.

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The deadline to conduct the settlement meeting under General Order 56 is hereby
CONTINUED from February 25, 2025 to April 29, 2025;

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The Parties shall file a Notice of Settlement of ADA Access Case or Notice of

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Need for Mediation and Certification of Counsel within one week of the

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settlement meeting;

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4.

Defendants shall produce the documents identified in their initial disclosures,

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including information on any policies relating to accessibility (if applicable), no

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later than March 10, 2025; and

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5.

Defendants are admonished that continuing failure to cooperate in the G.O. 56
process will subject them to sanctions.

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IT IS SO ORDERED.
Dated: March 5, 2025
United States Magistrate Judge

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MOTION FOR ADMINISTRATIVE RELIEF TO ENFORCE GENERAL ORDER 56 REQUIREMENTS;
ORDER

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