Lofton v. Dollar Tree, Inc. et al

Filing 20

ORDER Vacating 16 Order to Show Cause. Signed by Judge Lucy H. Koh on 3/22/2012. (lhklc2, COURT STAFF) (Filed on 3/22/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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SYDRIAN LOFTON,

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Plaintiff,
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v.
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DOLLAR TREE INC., MARDESICH
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COMPANY SOUTHGATE, LLC, a California )
Limited Liability Company,
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Defendants.
)
)

Case No.: 11-CV-02348-LHK

ORDER VACATING ORDER TO SHOW
CAUSE HEARING

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The Complaint in this case was filed on May 12, 2011. Because the Complaint asserts
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violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., General
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Order 56 applies. Under General Order 56, the Court set a schedule with deadlines for certain
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events. See ECF No. 4. On October 5, 2011, Plaintiff filed a notice of need for mediation between
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Plaintiff and remaining Defendant Mardesich Company Southgate, LLC. ECF No. 13. The case
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was automatically referred to court-sponsored mediation on October 7, 2011. See ECF Nos. 13-14;
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General Order 56 (“The matter will then be automatically referred to mediation and the ADR
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Program will schedule a mediation as soon as possible.”). On November 1, 2011, a mediator was
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appointed. ECF No. 14. Because the Court had not heard from either party regarding the status of
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mediation, despite the presumptive 90 day deadline pursuant to Local ADR Rule 6-4(b), the Court
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Case No.: 11-CV-02348-LHK
ORDER VACATING SHOW CAUSE HEARING

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issued an Order to Show Cause Why the Case Should Not Be Dismissed For Failure to Prosecute

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on March 12, 2012. See ECF No. 16.

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The attorneys in this case filed responses to the Order to Show Cause indicating that they
had diligently been pursuing mediation, but that the existence of a potentially related case had

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complicated the process. See ECF Nos. 18-19. In light of these facts the Court VACATES the

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Order to Show Cause Hearing, currently set for April 12, 2012. However, pursuant to General

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Order 56, upon completion of the mediation, the parties are required to either inform the Court

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whether mediation was successful or, if not, request a case management conference.

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IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: March 22, 2012

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Case No.: 11-CV-02348-LHK
ORDER VACATING SHOW CAUSE HEARING

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LUCY H. KOH
United States District Judge