The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
SCHEDULING CONFERENCE ORDER Discovery Cut-Off: 9/1/11 Non-Dispositive Motion Filing Deadline: 9/15/11
I. Date of Scheduling Conference. November 5, 2010. Non-Dispositive Motion Hearing Date: 10/21/11 9:30 Ctrm. 10 Deadline: 9/30/11 Dispositive Motion Filing Dispositive Motion Hearing Date: 11/4/11 9:30 Ctrm. 10 9/20/11 10:30 Ctrm. 8 Settlement Conference Date: Pre-Trial Conference Date: 12/2/11 11:00 Ctrm. 10 Ctrm. 10 (CT-3 days) Trial Date: 1/10/12 9:00
II. Appearances Of Counsel. Moore Law Firm, P.C. by K. Randolph Moore, Esq., and Tanya L. Moore, Esq., appeared on behalf of Plaintiff. Atkinson, Adelson, Loya, Ruud & Romo by David Saldana, Esq., appeared on behalf of Defendant Magnolia Tree Properties, L.P.
III. Summary of Pleadings.
1. This is a civil rights action by Plaintiff Ronald Moore for discrimination brought under the Americans with Disabilities Act and related California statutes alleging discrimination at the building, structure, facility, complex, property, land, development, and/or surrounding business complex known as Giovanni Caffe Italiano, located at 522 Pollasky Avenue, Clovis, California 93612. Moore seeks damages, injunctive and declaratory relief, attorney fees and costs, against Defendants John Gabelica, Mary Ann Gabelica, dba Giovanni's Caffe Italiano (hereinafter collectively referred to as "Giovanni's"), and Magnolia Tree Properties, L.P. (hereinafter referred to as "Magnolia Tree Properties"). Defendants John Gabelica, and Mary Ann Gabelica dba Giovanni's Caffe Italiano have not appeared in this action, and on July 15, 2010, a default was entered against these Defendants. Accordingly, all of Plaintiff's factual allegations set forth in his Complaint are deemed to be true as to the defaulting defendant and are therefore treated as such. Televideo Systems, Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987).
IV. Orders Re Amendments To Pleadings.
1. The parties do not anticipate amending the pleadings at this time. The parties agree the amendments shall be filed before December 30, 2010, without the necessity of a motion.
A. Admitted Facts Which Are Deemed Proven Without Further Proceedings.
1. Mr. Saldana represents only Magnolia Tree Properties, L.P., the owner of the Restaurant.
2. Magnolia Tree Properties, L.P., leases the restaurant to John Gabelica and Mary Ann Gabelica, fictitiously doing business under a name and style Giovanni's Caffe Italiano.
3. The default of John Gabelica and Mary Ann Gabelica have previously been entered.
1. All remaining factual allegations are disputed.
1. Jurisdiction exists under 28 U.S.C. §§ 1331 and 1343. Supplemental jurisdiction is invoked under 28 U.S.C. § 1367.
2. Venue is proper under 28 U.S.C. §§ 1391(b) and (c).
3. The parties agree that the substantive law of the State of California provides the rule of decision.
1. All remaining legal issues are disputed.
VII. Consent to Magistrate Judge Jurisdiction.
1. The parties have consented to transfer the case to the Magistrate Judge for all purposes, including trial. The new case number that should be typed on all future pleadings filed in this case is: 1:10-cv-0976 GSA.
VIII. Corporate Identification Statement.
1. Any non-governmental corporate party to any action in this court shall file a statement identifying all its parent corporations and listing any entity that owns 10% or more of the party's equity securities. A party shall file the statement with its initial pleading filed in this court and shall supplement the statement within a reasonable time of any change in the information.
IX. Discovery Plan and Cut-Off Date.
1. Parties agree to make Rule 26(a) disclosures by ...