Green v. Eastmont Oakland Associates, LLC. et al

Filing 25

STIPULATION AND ORDER: That the Case Management Conference is CONTINUED to 11/4/2010 02:30 PM., via Telephone. Signed by Judge Saundra Brown Armstrong, on 7/20/10. (lrc, COURT STAFF) (Filed on 7/21/2010) Modified on 7/22/2010 (jlm, COURT STAFF).

Green v. Eastmont Oakland Associates, LLC. et al

Doc. 25

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LAW OFFICES OF

PAUL L. REIN, Esq. (SBN 43053) CELIA MCGUINNESS, Esq. (SBN 159420) CATHERINE M. CABALO, Esq. (SBN 248198) LAW OFFICES OF PAUL L. REIN 200 Lakeside Drive, Suite A Oakland, CA 94612 Telephone: [phone] Facsimile: 510/832-4787 [e-mail] Attorneys for Plaintiff CHERYL GREEN IN THE UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA CHERYL GREEN, Plaintiff, v. EASTMONT OAKLAND ASSOCIATES, LLC; SCANLANKEMPERBARD COMPANIES; BANK OF AMERICA, NA; and DOES 1-40 inclusive, Defendants. / STIPULATION The parties to the above captioned litigation hereby stipulate by and through their undersigned counsel of record to the following: The Case Management Conference in this matter is scheduled for July 28, 2010. This case involves alleged barriers to access for disabled persons at the Eastmont Mall in Oakland, California. The subject property is so large that the parties completed the site inspection in two stages. The first inspection took place
STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE CASE C09-03682 SBA
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Case No. C09-03682 SBA Civil Rights

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Date: Time: July 28, 2010 2:30 p.m.

PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

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LAW OFFICES OF

on November 10, 2009, and the second inspection took place on February 8, 2010. Due to the size and scope of the subject premises, and to some health issues experienced by plaintiff's access consultant, it took several months for plaintiff's access consultant to complete his draft report. Plaintiff sent her access consultant's report to defendants July 15, 2010 on a "privileged for settlement" basis. Defendants have not had an opportunity to digest the report, which is over 100 pages long. This case is governed by General Order 56, which stays discovery so that the parties may attempt to mediate plaintiff's claims for injunctive relief, damages, and attorney fees, litigation expenses, and costs. Plaintiff has already settled those of her claims for injunctive relief, damages, and attorney fees which are particular to defendant BANK OF AMERICA, NA, and received payment for those claims for damages and attorney fees from BANK OF AMERICA, NA. The remaining parties, plaintiff CHERYL GREEN and defendants EASTMONT OAKLAND ASSOCIATES, LLC and SCANLANKEMPERBARD COMPANIES have also been working cooperatively and in good faith toward settlement. The remaining parties wish to participate fully in the General Order 56 and mediation process before setting a case management conference. Therefore, the parties hereby request that the Court continue the July 28, 2010, Case Management Conference to the first available date after November 1, 2010, so that the parties may continue the process under General Order 56, toward possible resolution of plaintiff's claims. Good cause exists to request the continuance on the grounds that the parties are still actively working toward settlement, continue to cooperate in the exchange of information, and believe that a continuance of the Case Management Conference will conserve attorneys fees, court resources, and facilitate the possibility of reaching resolution of all issues in this case. IT IS SO STIPULATED.
STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE CASE C09-03682 SBA
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PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

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LAW OFFICES OF

Dated: July 16, 2010

LAW OFFICES OF PAUL L. REIN /s/ Catherine Cabalo By: CATHERINE CABALO, Esq. Attorneys for Plaintiff CHERYL GREEN

Dated: July 16, 2010

SHEPPARD MULLIN

/s/ Deborah Martin By: DEBORAH MARTIN, Esq. Attorneys for Defendants EASTMONT OAKLAND ASSOCIATES LLC and SCANLANKEMPERBARD COMPANIES

Dated: July 16, 2010

BUCHALTER NENER

/s/ William Miller By: WILLIAM MILLER, Esq. Attorneys for Defendant BANK OF AMERICA, NA

PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE CASE C09-03682 SBA

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LAW OFFICES OF

ORDER Pursuant to the Stipulation of the Parties it is hereby ordered that the Case Management Conference in this matter be continued to November 4, 2010, at 2:30 p.m. via telephone. The parties shall meet and confer prior to the conference and shall prepare a joint Case Management Conference Statement which shall be filed no later than ten (10) days prior to the Case Management Conference that complies with the Standing Order For All Judges Of The Northern District Of California and the Standing Order of this Court. Plaintiffs shall be responsible for filing the statement as well as for arranging the conference call. All parties shall be on the line and shall call [phone] at the above indicated date and time. IT IS SO ORDERED.

Dated: 7/20/10

SAUNDRA B. ARMSTRONG DISTRICT JUDGE

PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE CASE C09-03682 SBA

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