Rodgers v. Fitzgerald et al

Filing 26

Order by Magistrate Judge Donna M. Ryu granting 25 Stipulation.(dmrlc2, COURT STAFF) (Filed on 9/15/2014)

Case4:14-cv-00985-DMR Document25 Filed09/12/14 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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8

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:
22

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 August 29, 2014.
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2.

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

27 deadline in that the subject facility is in the process underwent major renovations. The site was

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28 closed down during the renovations and not open to the public.
4839-2880-1564.1
1
STIPULATION TO EXTEND DEADLINE TO COMPLETE JOINT INSPECTION UNDER GENERAL ORDER 56
& ORDER

Case4:14-cv-00985-DMR Document25 Filed09/12/14 Page2 of 3

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3.

Counsel for both parties have been diligent in scheduling the joint inspection, but

2 will not be able to conduct it prior to the above deadline.
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4.

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

4 inspection from August 31, 2014 to September 22, 2014. The parties have scheduled this General
5 Order inspection to take place on September 22, 2014.
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5.

Request is also made to continue the corresponding mediation deadline.

7 DATED: September 8, 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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12 DATED: September 12, 2014
13

SHANE SINGH
LEWIS BRISBOIS BISGAARD & SMITH

LLP

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By:

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/s/ Shane Sing, 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

28
4839-2880-1564.1

2

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

Case4:14-cv-00985-DMR Document25 Filed09/12/14 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 August
7 31, 2014 to September 22, 2014.
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September 15, 2014

11 DATED: _______________________
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13
Honorable Donna M. Ryu

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28
4839-2880-1564.1

3

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