Kalani v. Starbucks Corporation et al

Filing 12

ORDER RE 9 PLAINTIFF'S REQUEST FOR ADMINISTRATIVE RELIEF TO COMPLY WITH THE REQUIREMENTS OF GENERAL ORDER 56. Signed by Judge Paul S. Grewal on June 20, 2013. (psglc1, COURT STAFF) (Filed on 6/20/2013)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN JOSE DIVISION 11 12 13 14 15 16 17 ROBERT KALANI, ) ) Plaintiff, ) v. ) ) ) STARBUCKS CORPORATION, a Washington ) Corporation, dba STARBUCKS COFFEE; ) BRENTINA, LLC, a California Limited ) Company, ) ) Defendants. ) ) Case No.: C 13-CV-00734 LHK (PSG) ORDER RE PLAINTIFF’S REQUEST FOR ADMINISTRATIVE RELIEF TO COMPLY WITH THE REQUIREMENTS OF GENERAL ORDER 56 (Re: Docket No. 9) 18 On June 17, 2013, Plaintiff Robert Kalani (“Kalani”) filed a motion to compel Defendant 19 Brentina, LLC (“Brentina”) to comply with General Order 56, which requires parties in cases 20 arising under Title III of the Americans with Disabilities Act of 1990 to serve initial disclosures 21 seven days prior to site inspection. Although site inspection took place on June 4, 2013, Kalani 22 claims that to this date Brentina has not served any initial disclosures. 23 Although Kalani’s request is styled as an administrative motion, his motion to compel is 24 anything but. Civil Local Rule 7-11 is reserved for “miscellaneous administrative matters, not 25 otherwise governed by a federal statute, Federal or local rule or standing order of the assigned 26 27 judge,” including but not limited to “motions to exceed otherwise applicable page limitations or motions to file documents under seal.” A motion for administrative relief “is not the appropriate 28 1 Case No.: C 13-00734 LHK (PSG) ORDER 1 vehicle for resolution of the substantive arguments raised by the parties.”1 A motion to compel is a 2 substantive issue not suitable for filing under the shortened time and briefing requirements of Civil 3 Local Rule 7-11.2 4 Despite this procedural violation, considering the relatively simple nature of this dispute 5 and in the interest of efficiency, Brentina is ordered to file a response explaining whether it has 6 complied with General Order 56 no later than June 26, 2013. 7 IT IS SO ORDERED. 8 Dated: June 20, 2013 _________________________________ PAUL S. GREWAL United States Magistrate Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 26 Hess v. Astrazeneca Pharmaceuticals, L.P., Case No. 06-0572 PJH, 2006 WL 2092068, at *1 (N.D. Cal. July 26, 2006). 27 2 28 See Civ. L.R. 7-11 (limiting motions and oppositions to five pages each and requiring oppositions to be filed no later than four days after the filing of the motion). 2 Case No.: C 13-00734 LHK (PSG) ORDER

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