Moralez v. Coffee Shop, LP et al

Filing 28

ORDER by Judge Haywood S. Gilliam, Jr. Granting 27 Stipulation to Extend Time for Defendants to File a Responsive Pleading and to Extend Deadline to Conduct General Order 56 Joint Site Inspection. Case Management Statement due by 10/24/2017; Case Management Conference set for 10/31/2017 02:00 PM.. (ndrS, COURT STAFF) (Filed on 9/6/2017)

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1 2 3 4 5 6 7 8 Sue J. Stott, Bar No. 91144 SStott@perkinscoie.com Aaron J. Ver, Bar No. 295409 AVer@perkinscoie.com PERKINS COIE LLP 505 Howard Street, Suite 1000 San Francisco, CA 94105-3204 Telephone: 415.344.7000 Facsimile: 415.344.7050 Attorneys for Defendants COFFEE SHOP, LP dba COFFEE SHOP and Penny Pickett, Trustee of the Living Trust of Nellie J. Prentice dated May 2, 1988, as amended on June 29, 1989 and April 13, 1993 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 FRANCISCA MORALEZ, Case No. 4:17-CV-02912-HSG 13 Plaintiff, 14 v. 15 16 17 COFFEE SHOP, LP. dba COFFEE SHOP, et al., Defendants. STIPULATION TO EXTEND TIME FOR DEFENDANTS TO FILE A RESPONSIVE PLEADINGS AND TO EXTEND DEADLINE TO CONDUCT GENERAL ORDER 56 JOINT SITE INSPECTION; ORDER Complaint filed: May 22, 2017 18 19 20 21 22 23 24 25 26 27 28 -1STIPULATION TO EXTEND TIME FOR DEFENDANTS TO FILE A RESPONSIVE PLEADING AND EXTEND DEADLINE TO CONDUCT G.O. 56 JOINT INSPECTION Case No: 4:17-CV-02912-HSG 1 Plaintiff Francisca Moralez (“Moralez”) and Defendants Coffee Shop LP dba Coffee 2 Shop (“Coffee Shop”) and Penny Pickett, Trustee of the Living Trust of Nellie J. Prentice dated 3 May 2, 1988, as amended on June 29, 1989 and April 13, 1993 (“Landlord”) (collectively, 4 “Defendants,” and together with Moralez, “the Parties”), by and through their respective counsel, 5 hereby stipulate and agree as follows: 1. 6 This matter arises out of Moralez’s claim that she was discriminated against by 7 Defendants on account of her disability when she encountered conditions at Defendants’ 8 business that she alleges interfered with her full and equal access thereto in violation of Title III 9 of the Americans with Disabilities Act (“ADA”). This matter therefore proceeds under this 10 District’s General Order 56 which governs ADA access matters. 2. 11 The Scheduling Order issued under General Order 56 (Dkt. 5) requires that the 12 Parties, and their consultants (if desired), participate in a joint site inspection of the subject 13 property on or before September 5, 2017. 3. 14 As of September 5, 2017, Defendants have engaged and are now represented by 15 Perkins Coie LLP. Prior to September 5, Coffee Shop was proceeding in pro per and was 16 representing the interests of the Landlord. The Parties have been working on a settlement of all 17 claims raised in the litigation. The Parties respectfully request that the Defendants’ deadline to 18 respond to the Complaint be extended to September 12, 2017, and the deadline to complete the 19 joint site inspection be extended from September 5, 2017 to October 11, 2017. As such, the 20 Parties have agreed to conduct the joint site inspection on October 11, 2017 at 1:00 p.m. in order 21 to afford the Parties additional time needed to finalize a settlement and, if necessary, to allow the 22 Parties sufficient time thereafter for the site inspection. 4. 23 The Parties also respectfully request that all other dates triggered by the joint site 24 inspection be continued accordingly, including the date of the Case Management Conference and 25 the deadline to submit a case management conference statement to the Court. Specifically, the 26 Parties agree the Case Management Conference set for September 12, 2017 can be continued and 27 suggest a date after October 11, 2017. 28 // -2- STIPULATION TO EXTEND TIME FOR DEFENDANTS TO FILE A RESPONSIVE PLEADING AND EXTEND DEADLINE TO CONDUCT G.O. 56 JOINT INSPECTION Case No: 4:17-CV-02912-HSG 1 DATED: September 5, 2017 PERKINS COIE LLP 2 By: /s/ Aaron J. Ver Sue J. Stott Aaron J. Ver 3 4 Attorneys for Defendants COFFEE SHOP, LP dba COFFEE SHOP; and Penny Pickett, Trustee of the Living Trust of Nellie J. Prentice dated May 2, 1988, as amended on June 29, 1989 and April 13, 1993 5 6 7 8 DATED: September 5, 2017 MISSION LAW FIRM, A.P.C. 9 10 11 12 By: /s/ Zachary M. Best Tanya E. Moore Zachary M. Best Attorneys for Plaintiff FRANCISCA MORALEZ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION TO EXTEND TIME FOR DEFENDANTS TO FILE A RESPONSIVE PLEADING AND EXTEND DEADLINE TO CONDUCT G.O. 56 JOINT INSPECTION Case No: 4:17-CV-02912-HSG ORD DER 1 2 The Pa arties having so stipulate and good cause appea g ed aring, 3 IT IS HEREBY ORDERED that the last date Defen O t ndants may f their resp file ponse to the e 4 omplaint is September 12, 2017, an the Parti are to co S 1 nd ies onduct the j joint site in nspection on n co 5 Oc ctober 11, 20 at 1:00 p.m. All oth dates trig 017 p her ggered by the date of the joint site in e e nspection are e 6 7 als continued accordingl The case manageme conferen statemen is due on October 24, so d ly. e ent nce nt 20 and the case manage 017, ement confe erence is resc cheduled to O October 31, 2017 at 2:00 p.m. 0 8 9 10 11 T IT IS SO ORDERED. Da ated: Septem mber 6, 2017 7 HAY YWOOD S. G GILLIAM, J JR Unite States District Judge ed 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4 ST TIPULATION TO EXTEND TIME FOR DEFENDANTS TO FILE A R D S RESPONSIVE PLEADING A E AND EX XTEND DEAD DLINE TO CO ONDUCT G.O. 56 JOINT INS SPECTION Ca No: 4:17-CV-02912-HSG ase G

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