Moralez v. Beverages & More, Inc. et al

Filing 15

ORDER by Judge Haywood S. Gilliam, Jr. Granting 14 Stipulation extending deadline to complete joint site inspection. (ndrS, COURT STAFF) (Filed on 12/4/2017)

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1 2 3 4 5 Zachary M. Best, SBN 166035 MISSION LAW FIRM, A.P.C. 332 North Second Street San Jose, California 95112 Telephone (408) 298-2000 Facsimile (408) 298-6046 E-mail: service@mission.legal Attorney for Plaintiff, Francisca Moralez 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 FRANCISCA MORALEZ, ) ) Plaintiff, ) ) ) vs. ) BEVERAGES & MORE, INC. dba BEVMO; ) THE SHOPS AT SLATTEN RANCH L.P.; ) ) ) Defendants. ) ) ) ) ) No. 4:17-cv-05132-HSG STIPULATION TO EXTEND DEADLINE TO COMPLETE JOINT SITE INSPECTION REQUIRED BY GENERAL ORDER 56; ORDER 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND DEADLINE TO COMPLETE JOINT SITE INSPECTION REQUIRED BY GENERAL ORDER 56; ORDER Page 1 1 Plaintiff, Francisca Moralez (“Plaintiff”), and Defendants, Beverages & More, Inc. dba 2 BevMo; and The Shops at Slatten Ranch L.P. (“Defendants,” and together with Plaintiff, “the 3 Parties”), by and through their respective counsel, hereby stipulate as follows: 4 1. This action arises out of Plaintiff’s claims that Defendants denied her full and 5 equal access to their public accommodation on account of her disabilities in violation of Title 6 III of the Americans with Disabilities Act (“ADA”) and parallel California law. Plaintiff seeks 7 injunctive relief under federal and California law, as well as damages under California law. 8 This matter therefore proceeds under this district’s General Order 56 which governs ADA 9 access matters. 10 2. 11 The Court has ordered that the Parties conduct a joint site inspection of the subject property on or before December 15, 2017 (Dkt. 4). 12 3. The Parties are engaging in settlement discussions and wish to avoid incurring 13 additional attorney’s fees and costs incident to attending the joint site inspection while 14 settlement efforts are being exhausted. 15 16 4. at 1:30 p.m. unless a settlement is reached prior to that date. 17 18 The Parties have agreed to conduct the joint site inspection on January 24, 2018 5. Accordingly, the Parties stipulate to extend the deadline to conduct the joint site inspection to January 24, 2018. 19 20 IT IS SO STIPULATED. 21 22 Dated: November 30, 2017 MISSION LAW FIRM, A.P.C. 23 /s/ Zachary M. Best Zachary M. Best Attorney for Plaintiff, Francisca Moralez 24 25 26 27 /// 28 STIPULATION TO EXTEND DEADLINE TO COMPLETE JOINT SITE INSPECTION REQUIRED BY GENERAL ORDER 56; ORDER Page 2 1 Dated: November 30, 2017 2 SHEPPARD MULLIN RICHTER & HAMPTON LLP /s/ Michael J. Chilleen Gregory F. Hurley Michael J. Chilleen Attorneys for Defendant, Beverages & More, Inc. dba BevMo 3 4 5 6 7 Dated: December 4, 2017 8 TRAINOR FAIRBROOK /s/ Daniel M. Steinberg Daniel M. Steinberg Attorneys for Defendant, The Shops at Slatten Ranch L.P. 9 10 11 12 ATTESTATION 13 Concurrence in the filing of this document has been obtained from each of the individual(s) whose electronic signature is attributed above. 14 /s/ Zachary M. Best Zachary M. Best Attorneys for Plaintiff Francisca Moralez 15 16 17 18 ORDER 19 20 The Parties having so stipulated and good cause appearing, 21 IT IS HEREBY ORDERED that the deadline for the Parties to complete the joint site 22 inspection is extended to January 24, 2018, with all dates triggered by that deadline continued 23 accordingly. 24 25 IT IS SO ORDERED. 26 27 28 Dated: 12/4/2017 United States District Judge STIPULATION TO EXTEND DEADLINE TO COMPLETE JOINT SITE INSPECTION REQUIRED BY GENERAL ORDER 56; ORDER Page 3

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