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Bohlke v. Dep't of Motor Vehicles of the State of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


June 1, 2006

RUSS BOHLKE AND ISC, INC. PLAINTIFFS,
v.
DEPARTMENT OF MOTOR VEHICLES OF THE STATE OF CALIFORNIA; AND DOES 1-50, DEFENDANTS.

The opinion of the court was delivered by: Hon. Maxine M. Chesney Judge of U.S. District Court

Civil Rights

[CLASS ACTION]

PLAINTIFF'S FIRST REQUEST TO PERMIT THE FILING OF A STATE OF CALIFORNIA; BUSINESS, SECOND AMENDED COMPLAINT TRANSPORTATION & HOUSING AND TO ENLARGE SCHEDULING AGENCY OF THE STATE OF ORDER; [Proposed] ORDER CALIFORNIA; Case Management Conference: Inclusive, Date: May 26, 2006

Place: Courtroom 7, 19th Floor Hon. Maxine M. Chesney

YOUR HONOR:

This is a first request to enlarge the Scheduling Order. Plaintiff requests 60 days. No defendants have appeared. Plaintiff seeks additional time to permit amendment of the Complaint and to affect service. This is an action under the ADA and California law alleging that defendants employ discriminatory policies, practices and procedures in evaluating the disabled for their driving safety tests.

The proposed amended complaint, which is attached at Exhibit 1, corrects several material factual allegations concerning the course of DMV's evaluation of plaintiff Russ Bohlke. It also clarifies that plaintiffs' government claim has now been denied by operation of law, and that statutory damages are now sought under all state law claims.

If the Second Amended Complaint is allowed, plaintiff will complete service by June 10, 2006.

Plaintiff requests enlargement of the following further dates:

1. Enlarge the last day to meet and confer re initial disclosures, early settlement, ADR process selection and discovery plan from May 12, 2006 to .......................................................................... July 11, 2006

2. Enlarge the last day to complete initial disclosures or state objection in Rule 26(f) Report, file/serve Case Management Statement, and file/serve Rule 26(f) Report from May 26, 2006 to ....................................................................................................... July 25, 2006

3. Set the Case Management Conference for .....................July 28, 2006 at 10:30 AM

Dated: June 1, 2006

Respectfully,

THIMESCH LAW OFFICES TIMOTHY S. THIMESCH

ORDER

SO ORDERED., with the exception that the Case Management Statement shall be filed no later than July 21, 2006.

20060601

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