Cuauhtemoc Meneses v. U-Haul International, Inc. et al

Filing 62

Order by Magistrate Judge Donna M. Ryu denying 36 Motion to Amend/Correct.(dmrlc2, COURT STAFF) (Filed on 12/22/2011)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 CUAUHTEMOC MENESES, 12 13 Plaintiff, v. 14 U-HAUL INTERNATIONAL, 15 No. C-11-03615 DMR ORDER DENYING PLAINTIFF’S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT WITHOUT PREJUDICE; SETTING BRIEFING SCHEDULE; AND SETTING FURTHER CASE MANAGEMENT CONFERENCE Defendant(s). ___________________________________/ 16 17 The court DENIES Plaintiff’s Motion for Leave to File First Amended Complaint without 18 prejudice. To address the jurisdictional and case management issues in this matter, the court further 19 ORDERS the following briefing schedules: 20 1. The parties shall meet and confer to discuss how the Richard settlement agreement applies 21 or does not apply to Plaintiff’s various claims. If the parties reach an agreement, no later than 22 January 31, 2012, they shall file a joint letter setting forth their interpretation and reasoning 23 supporting it; if they do not reach an agreement, by the same date the parties shall file a joint letter 24 setting forth Plaintiff’s and Defendants’ arguments, respectively. The letter shall be single spaced 25 and no longer than ten pages. 26 2. Plaintiff shall file a brief by January 19, 2012 explaining his basis for standing and 27 subject matter jurisdiction to pursue claims possibly covered by Richards and those possibly not 28 covered. The discussion shall include an analysis of how Plaintiff has standing to pursue claims 1 regarding U-Haul facilities that he has not personally visited. Defendants shall file an opposition to 2 Plaintiff’s brief by February 2, 2012, and Plaintiff a reply by February 9, 2012. 3 3. The parties shall meet and confer to draft a case management plan, which they shall file no 4 later than January 31, 2012. The letter shall be single spaced and no longer than ten pages, and 5 shall set forth either the parties’ joint proposed plan, or each party’s separately proposed plan. 6 4. The parties also shall meet and confer to discuss the alleged ADA violations at all fifty U- 7 Haul facilities identified by Plaintiff. The parties shall investigate and prepare to discuss in detail 8 the specifics of the alleged violations, the time frame of the alleged violations and whether and 9 when any material changes to the facilities have occurred to address the alleged violations. the interpretation of Richard's applicability to this case, Plaintiff's standing and the Court's subject 12 matter jurisdiction, and case management. ER H 18 RT 17 19 20 21 22 23 24 25 26 27 28 2 R NIA DONNA M. RYUna M. Ryu n Unitedudge Do J States Magistrate Judge FO 16 Dated: December 22, 2011 LI 15 DERED O OR IT IS S A 14 UNIT ED IT IS SO ORDERED. S DISTRICT TE C TA RT U O 13 S 11 For the Northern District of California 5. The parties shall appear before the court on February 23, 2012 for a hearing concerning NO United States District Court 10 N D IS T IC T R OF C

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