UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
April 5, 2011
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Honorable Joseph C. Spero United States Magistrate Judge
STIPULATION AND ORDER ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT REGARDING STATUTORY DAMAGES UNDER UNRUH CIVIL RIGHTS ACT
WHEREAS, Plaintiff has included in her Complaint, at her fourth claim for relief, an allegation that defendants violated the Unruh Civil Rights Act, California Civil Code sections 51 8 et seq. (UCRA), including the allegation that Plaintiff is minimally entitled to "$4,000 for each 9 incident of deterrence" in violation of the UCRA; 10
WHEREAS, Plaintiff contends that, under the UCRA, she is entitled to
recovery for each and every instance in which she can demonstrate
that she was denied legally 12 required equal access to the subject
premises and Defendants contend that such recovery is not, as 13 a
matter of law, available;
summary judgment under Federal Rule of Civil Procedure 56(a), (b) will aid the litigants and the
WHEREAS, the parties agree that the summary disposition of this issue
shall be without
prejudice to the parties' rights to seek further relief in this
case under the provisions of Federal
Rule of Civil Procedure 56, specifically including a subsequent motion
for summary judgment 20 and/or partial summary judgment; and
WHEREAS, the parties have agreed to the following briefing schedule:
(1) opening briefs
shall be filed on/before April 22, 2011; and (2) response briefs
shall be filed on/before May 6,
STIPULATION IT IS HEREBY STIPULTED BETWEEN PLAINTIFF NETTA GRUTMAN AND MCGREGOR AND JAMES JACOBS, THROUGH THEIR RESPECTIVE COUNSEL, AS
WHEREAS, Plaintiff has included in her Complaint, at her fourth claim for relief, an
WHEREAS, the parties agree that the disposition of this issue as a matter of partial Court in the efficient adjudication of this matter;
2011. The parties propose that the matter be heard on May 27, 2011 at 9:30 a.m.
IT IS SO AGREED.
BASED ON THE FOREGOING AND GOOD CAUSE OTHERWISE APPEARING, the Court Orders that, with respect to the parties' cross-motions for partial summary judgment on the 20 issue of available minimum statutory damages under the California Unruh Civil Rights Act, Cal.
Motions shall be filed on or Opposition Civ. Code § et seq., (1) opening briefs shall be filed on/before April 22, 2011; and (2) response Reply briefs shall be filed on/before May 13, 2011. briefs shall be filed on/before May 6, 2011. The matter shall be heard on May 27, 2011 at 9:30 23 a.m.
Hearing on the cross-motions will be set by the Court after completion of briefing.
IT IS SO ORDERED. T
IT IS SO U AS MODIFIED
Joseph C. SperoA
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