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Wallen v. Garcia

November 5, 2010

THERESA WALLEN, PLAINTIFF,
v.
NORBERTO GARCIA, ET AL., DEFENDANTS.



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

SCHEDULING CONFERENCE ORDER Discovery Cut-Off: 6/1/11 Non-Dispositive Motion Filing Deadline: 6/15/11 Hearing Date: 7/13/11 9:30 Non-Dispositive Motion Ctrm. 8 Deadline: 7/1/11 Dispositive Motion Filing Dispositive Motion Hearing Date: 8/3/11 9:30 Ctr. 8 6/15/11 10:30 Ctrm. 10 Settlement Conference Date: Pre-Trial Conference Date: 9/7/11 2:00 Ctrm. 8 Ctrm. 8 (JT-5 days) Trial Date: 10/25/11 8:30

I. Date of Scheduling Conference. November 5, 2010.

III. Summary of Pleadings

1. This is a civil rights action by Plaintiff Theresa Wallen (hereinafter referred to as "Plaintiff") for discrimination at the building, structure, facility, complex, property, land, development, and/or surrounding business complex known as: BJ's Kountry Kitchen, located at 4944 North Blackstone Avenue, Fresno, California (hereinafter referred to as the "Store"). Plaintiff seeks damages, injunctive and declaratory relief, attorneys' fees and costs, against Norberto Garcia and Teresa Garcia, dba BJ's Kountry Kitchen; and Prosperity Properties TLC, LLC, owners and operators of the Restaurant (hereinafter collectively referred to as "Defendants").

IV. Orders Re Amendments To Pleadings

1. The parties do not anticipate amending the pleadings at this time. The parties propose that any amendments be accomplished on or before December 3, 2010.

V. Factual Summary

A. Admitted Facts Which Are Deemed Proven Without Further Proceedings

1. There is no dispute that the Plaintiff is disabled within the meaning of the Americans with Disabilities Act.

2. Defendants Norberto Garcia and Teresa Garcia are individual residents of the Eastern District of California, Fresno Division, and doing business under the fictitious name and style BJ's Kountry Kitchen and Prosperity Properties TLC, LLC.

3. The Defendants own and operate a Restaurant under that name and style.

4. The Restaurant is a public accommodation open to the public and intended for non-residential use whose operation affects commerce.

5. The Defendants acknowledge that hidden architectural features of the Restaurant do not comply with the law.

B. Contested Facts

1. All remaining facts are disputed.

VI. Legal Issues

A. Uncontested

1. Jurisdiction exists under 28 U.S.C. §§ 1331 and 1342 and the Americans with Disabilities Act. 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 as to supplemental claims.

B. Contested

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 case number that must be typed on all pleadings filed in the case after this date is: 1:10-cv-0732 SKO.

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 ...


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