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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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CUAUHTEMOC MENESES,

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Plaintiff,
v.

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U-HAUL INTERNATIONAL,

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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).
___________________________________/

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The court DENIES Plaintiff’s Motion for Leave to File First Amended Complaint without

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prejudice. To address the jurisdictional and case management issues in this matter, the court further

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ORDERS the following briefing schedules:

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1. The parties shall meet and confer to discuss how the Richard settlement agreement applies

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or does not apply to Plaintiff’s various claims. If the parties reach an agreement, no later than

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January 31, 2012, they shall file a joint letter setting forth their interpretation and reasoning

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supporting it; if they do not reach an agreement, by the same date the parties shall file a joint letter

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setting forth Plaintiff’s and Defendants’ arguments, respectively. The letter shall be single spaced

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and no longer than ten pages.

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2. Plaintiff shall file a brief by January 19, 2012 explaining his basis for standing and

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subject matter jurisdiction to pursue claims possibly covered by Richards and those possibly not

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covered. The discussion shall include an analysis of how Plaintiff has standing to pursue claims

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regarding U-Haul facilities that he has not personally visited. Defendants shall file an opposition to

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Plaintiff’s brief by February 2, 2012, and Plaintiff a reply by February 9, 2012.

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3. The parties shall meet and confer to draft a case management plan, which they shall file no

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later than January 31, 2012. The letter shall be single spaced and no longer than ten pages, and

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shall set forth either the parties’ joint proposed plan, or each party’s separately proposed plan.

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4. The parties also shall meet and confer to discuss the alleged ADA violations at all fifty U-

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Haul facilities identified by Plaintiff. The parties shall investigate and prepare to discuss in detail

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the specifics of the alleged violations, the time frame of the alleged violations and whether and

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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

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matter jurisdiction, and case management.

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R NIA

DONNA M. RYUna M. Ryu
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Unitedudge Do
J States Magistrate Judge

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Dated: December 22, 2011

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DERED

O OR
IT IS S

A

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UNIT
ED

IT IS SO ORDERED.

S DISTRICT
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For the Northern District of California

5. The parties shall appear before the court on February 23, 2012 for a hearing concerning

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United States District Court

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N

D IS T IC T
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OF

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