Kirola et al v. City & County of San Francisco, The et al

Filing 659

ORDER DIRECTING PARTIES TO MEET AND CONFER AND TO FILE JOINT STATEMENT RE FURTHER PROCEEDINGS. Joint Statement due by 4/11/2014. Signed by Judge Saundra Brown Armstrong on 3/20/2014. (ndr, COURT STAFF) (Filed on 3/20/2014)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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6 IVANA KIROLA, et al.,

Plaintiffs,

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vs.

Case No: C 07-3685 SBA
ORDER DIRECTING PARTIES TO
MEET AND CONFER AND TO
FILE JOINT STATEMENT RE
FURTHER PROCEEDINGS

9 THE CITY AND COUNTY OF SAN

FRANCISCO, et al.,
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Defendants.
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On March 10, 2014, Defendants filed their memorandum in response to the Court’s

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request for supplemental briefing regarding any new factual and/or legal developments that

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may bear upon the resolution of this action. Defs.’ Supp. Mem., Dkt. 657. In their brief,

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Defendants state that they are unable to provide the Court with a comprehensive response

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due to the limited time to respond and page limitations specified in the Court’s order. Id. at

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1-2. Rather, Defendants contend that they should be afforded an additional and expanded

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opportunity to submit briefing and evidence, and posit that additional court proceedings are

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necessary for the Court to render a final decision on Plaintiff’s claims. Id. Plaintiff’s

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response brief currently is due on March 24, 2014. Order Re Supp. Briefing, Dkt. 656.

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To ensure that the Court is sufficiently informed and that parties have a full and fair

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opportunity to express their views in this action, the Court directs the parties to meet and

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confer regarding what, if any, additional briefing, submission of evidence and/or further

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court proceedings are necessary and appropriate for the final resolution of this action. In

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addition, the parties shall meet and confer regarding potential, further motion practice or

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supplemental briefing regarding: (1) the issue of Plaintiff’s standing, specifically as to

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Plaintiff’s purported injury-in-fact; (2) whether the previously-issued class certification

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order should be reconsidered in light of the record developed at trial and/or changes in the

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law, such as the Supreme Court’s post-certification clarification of Federal Rule of Civil

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Procedure 23(a)(2)’s commonality requirement in Wal-Mart Stores, Inc. v. Dukes, 131 S.

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Ct. 2541 (2011); and (3) Defendant’s program access improvements relating to public

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rights of way, recreational facilities and public libraries. By no later than April 11, 2014,

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the parties shall submit a Joint Statement Re Further Proceedings setting forth their agreed

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upon and/or separate proposals regarding the foregoing. The Court’s Order Re

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Supplemental Briefing is vacated pending further order of the Court.

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IT IS SO ORDERED.
Dated: March 20, 2014

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SAUNDRA BROWN ARMSTRONG
Senior United States District Judge

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