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Scott N. Johnson v. Kevin M. Cairns

February 24, 2011

SCOTT N. JOHNSON, PLAINTIFF,
v.
KEVIN M. CAIRNS, INDIVIDUALLY AND D/B/A DANTE'S ON THE RIVER; NANCY C. CAIRNS, INDIVIDUALLY AND D/B/A DANTE'S ON THE RIVER, DEFENDANTS.



The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

STATUS (PRETRIAL SCHEDULING ORDER READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES THAT THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND PARTIES MUST COMPLY.*fn1 FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN ORDER OF JUDGMENT.

On February 24, 2011, this case was before the undersigned for a status (pretrial scheduling) conference. Plaintiff Scott N. Johnson appeared on his own behalf. No appearance was made on behalf of defendants Kevin and Nancy Cairns. Plaintiff filed a status report, as the parties were unable to prepare a joint status report. (Dkt. No. 16.) Defendants did not file a status report. The court enters the following scheduling order: NATURE OF CASE

In short, plaintiff filed a complaint for injunctive relief, declaratory relief, statutory damages, and attorney's fees pursuant to Title III of the Americans With Disabilities Act of 1990 and California Civil Code §§ 51 and 52. (Compl., Dkt. No. 1 at 1-3.) Plaintiff claims that due to architectural barriers, he was denied access to a restaurant called Dante's on the River, which plaintiff alleges is a public accommodation owned, operated, or managed by defendants. (Id.)

SERVICE OF PROCESS

Service of process is undisputed, and defendants Kevin and Nancy Cairns have filed an answer to plaintiff's complaint. (Dkt. No. 8.)

JOINDER OF PARTIES/AMENDMENTS

No further joinder of parties or amendments to pleadings will be permitted except with leave of court and upon a showing of good cause.

JURISDICTION/VENUE

Jurisdiction and venue are undisputed and are hereby found to be proper. See 28 U.S.C. §§ 1331, 1367(a), and 1391(b).

MOTION HEARING SCHEDULES

All law and motion, except as to discovery-related matters, shall be completed by January 10, 2012. The word "completed" in this context means that all law and motion matters must be heard by the above date. Counsel (and/or pro se parties)*fn2 are cautioned to refer to the Local Rules regarding the requirements for noticing such motions on the court's regularly scheduled law and motion calendar. This paragraph does not preclude motions for continuances, temporary restraining orders or other emergency applications, and is subject to any special scheduling set forth in the "MISCELLANEOUS PROVISIONS" paragraph below.

The parties should keep in mind that the purpose of law and motion is to narrow and refine the legal issues raised by the case and to dispose of by pretrial motion those issues that are susceptible to resolution without trial. To accomplish that purpose, the parties need to identify and fully research the issues presented by the case, and then examine those issues in light of the evidence obtained through discovery. If it appears to counsel after examining the legal issues and facts that an issue can be resolved by pretrial motion, counsel are to file the appropriate motion consistent with the law and motion cutoff set forth above.

ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL MOTION.

Counsel are reminded that motions in limine are procedural devices designed to address the ...


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