Johnson v. DiVittorio et al
Filing
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ORDER denying 19 Administrative Motion for Relief from General Order 56. Signed by Judge Susan van Keulen on 6/3/2021. (svklc1S, COURT STAFF) (Filed on 6/3/2021)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SCOTT JOHNSON,
Plaintiff,
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v.
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ROY J. DIVITTORIO, et al.,
Defendants.
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United States District Court
Northern District of California
Case No. 21-cv-02026-SVK
ORDER ON ADMINISTRATIVE
MOTION TO RELIEVE DEFENDANTS
FROM REQUIREMENTS OF
GENERAL ORDER 56
Re: Dkt. No. 19
Before the Court is Defendants’ administrative motion requesting relief from the
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requirements of General Order 56 (“GO 56”). Dkt. 19. According to Defendants, they have
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removed or otherwise remedied each of the barriers to access alleged in Plaintiff’s Complaint.
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They therefore ask to be “relieved any further obligation under General Order No. 56 and be
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allowed to proceed with a motion to dismiss and/or motion for summary judgment” on Plaintiff’s
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claims.
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The Court DENIES Defendants’ request to be relieved of the requirements of GO 56. If
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the parties agree that the claims for injunctive relief have been resolved, they may stipulate to
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forego the joint site inspection and move directly to settlement discussions. If Plaintiff does not
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agree that the claims for injunctive relief have been resolved, Defendants can file a motion for
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summary judgment and then ask for relief from particular GO 56 requirements. However, in the
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current posture of this case, the GO 56 requirements remain in place.
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SO ORDERED.
Dated: June 3, 2021
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SUSAN VAN KEULEN
United States Magistrate Judge
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