Rodgers v. Fitzgerald et al

Filing 22

Order by Magistrate Judge Donna M. Ryu granting 21 Stipulation.(dmrlc2, COURT STAFF) (Filed on 7/31/2014)

Case4:14-cv-00985-DMR Document21 Filed07/30/14 Page1 of 3

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
SHANE SINGH, SB# 202733
E-Mail: [e-mail]
2
2850 Gateway Oaks Drive, Suite 450
3 Sacramento, California 95833
Telephone: [phone]
4 Facsimile: 916.564.5444
5 Attorneys for Defendants,
C FOOD CONCEPTS, INC. and
6 THOMAS J. FITZGERALD, Trustee of the Family Trust
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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12 JOHN RODGERS,
Plaintiff,

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vs.

15 THOMAS J. FITZGERALD, TRUSTEE OF
THE FAMILY TRUST; SIZZLER USA,
16 INC., a Delaware corporation, d/b/a SIZZLER
RESTAURANT; and DOES 1-10 includsive,
17
Defendants.
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CASE NO. 4:14-CV-00985-DMR
STIPULATION TO EXTEND DEADLINE
TO COMPLETE JOINT INSPECTION
UNDER GENERAL ORDER 56 & ORDER
The Hon. Donna M. Ryu
FSC Date:
Trial Date:

March 4, 2014
None Set

Plaintiff JOHN RODGERS and Defendants THOMAS J. FITZGERALD, TRUSTEE OF

20 THE FAMILY TRUST and C FOOD CONCEPTS, INC., a California corporation, d/b/a
21 SIZZLER RESTAURANT hereby stipulate as follows:
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1.

This is an ADA accessibility action. Pursuant to General Order 56 of the U.S.

23 District Court for the Northern District of California, not later than 105 days after the filing of
24 plaintiff’s complaint, the parties and their counsel are required to meet in person at the subject
25 premises. That deadline was currently July 16, 2014.
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2.

Counsel for both parties hae not able to conduct a joint inspection before the

27 deadline in that the subject facility is in the process of undergoing renovations. The location is

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28 currently a construction site and not open to the public.
4839-2880-1564.1
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STIPULATION TO EXTEND DEADLINE TO COMPLETE JOINT INSPECTION UNDER GENERAL ORDER 56
& ORDER

Case4:14-cv-00985-DMR Document21 Filed07/30/14 Page2 of 3

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3.

Counsel for the defendants has been advised that construction will be completed

2 the first week of August, 2014.
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4.

As such, the parties stipulate to continue the deadline to complete the joint

4 inspection from July 16, 2014 to August 31, 2014.
5 DATED: July 30, 2014
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By:

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/s/ Irene Karbelashvili, Esq.
Irene Karbelashvili
Attorneys for Plaintiff, John Rodgers

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10 DATED: July 30, 2014
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SHANE SINGH
LEWIS BRISBOIS BISGAARD & SMITH

LLP

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By:

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/s/ Shane S. Singh, Esq.
Shane Singh
Attorneys for Defendants, C FOOD CONCEPTS,
INC. and THOMAS J. FITZGERALD, Trustee of
the Family Trust

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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4839-2880-1564.1

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STIPULATION TO EXTEND DEADLINE TO COMPLETE JOINT INSPECTION UNDER GENERAL ORDER 56
& ORDER

Case4:14-cv-00985-DMR Document21 Filed07/30/14 Page3 of 3

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ORDER
The Court, having considered the stipulation between the parties, and good cause

3 appearing therefore:
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IT IS HEREBY ORDERED:

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The deadline for the parties to complete the joint inspection required under the General

6 Order 56 of the U.S. District Court for Northern District of California is continued from July 16,
7 2014 to August 31, 2014.

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NO

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D

RDERE

OO
IT IS S

RT

onna
Judge D

M. Ryu

ER

A

H

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LI

Honorable Donna M. Ryu

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R NIA

S
11 DATED: ___July 31, 2014_______________

UNIT
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LEWIS

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BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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4839-2880-1564.1

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STIPULATION TO EXTEND DEADLINE TO COMPLETE JOINT INSPECTION UNDER GENERAL ORDER 56
& ORDER