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Wallen v. Yang

June 10, 2010

THERESA WALLEN, PLAINTIFF,
v.
JOHN YANG, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING CONFERENCE ORDER

Discovery Cut-Off: 4/29/11

Non-Dispositive Motion

Filing Deadline: 5/16/11

Non-Dispositive Motion

I. Date of Scheduling Conference.

June 9, 2010.

Hearing Date: 6/17/11 9:00 Ctrm. 7

Dispositive Motion Filing Deadline: 6/1/11

Dispositive Motion Hearing Date: 7/11/11 10:00 Ctrm. 3

Settlement Conference Date: 2/16/11 10:30 Ctrm. 7

Pre-Trial Conference Date: 8/15/11 11:00 Ctrm. 3

Trial Date: 9/27/11 9:00 Ctrm. 3 (JT-5 days)

III. Summary of Pleadings.

1. This is a civil rights action by Plaintiff Theresa Wallen for discrimination at the building, structure, facility, complex, property, land, development and/or surrounding business complex known as: Yen Ching Restaurant located at 467 Shaw Avenue, Fresno, California 93710. Wallen seeks damages, injunctive and declaratory relief, attorney fees and costs, against Chi Hua-Yang sued herein as Chi-Hua Yang aka Chi Yang Hua dba Yen Ching Restaurant; John Yang and Wallet Corrine M. Trust.

2. Defendants dispute Plaintiff's contentions.

IV. Orders Re Amendments To Pleadings.

1. The parties do not anticipate amending the pleadings at this time.

V. Factual Summary.

A. Admitted Facts Which Are Deemed Proven Without Further Proceedings.

1. Plaintiff is a citizen of the United States and was a patron of the restaurant located on Defendant's property.

2. The Yen Ching Restaurant is located at 467 Shaw Avenue, Fresno, California.

3. Defendants are Chi Hua-Yang, sued erroneously as Chi-Hua Yang aka Chi Yang Hua dba Yen Ching Restaurant, John Yang and Wallet Corrine M. Trust.

4. The restaurant building is owned by the Wallet Corrine M. Trust.

5. Chi Hua Yang is also known as John Yang and was, at the times alleged, the operator of the restaurant.

B. Contested Facts.

1. Whether violations of the Americans With Disabilities Act (ADA) are present at the restaurant as alleged by Plaintiff.

2. Whether Plaintiff personally confronted, was deterred by, and was damaged by architectural or other barriers to access at the restaurant.

3. Whether Plaintiff has a disability within the meaning of the ADA and the ...


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