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Albert Dytch, An Individual v. Mi Casa Properties

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 6, 2011

ALBERT DYTCH, AN INDIVIDUAL;
PLAINTIFF,
v.
MI CASA PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, DEFENDANT.

The opinion of the court was delivered by: Phyllis J. Hamilton Judge United States District Court Northern District of California

STIPULATION GRANTING EXTENSION OF TIME TO PERFORM REMEDIAL WORK

STIPULATION FOR ORDER EXTENDING TIME FOR PERFORMANCE OF REMEDIAL WORK

1. On October 13, 2009, plaintiff filed this action with the Court. 2. In June, 2010, the parties entered into a Settlement Agreement pursuant to which Defendant agreed to perform specific remedial work to the Maya Palenque restaurant 25 premises which the parties agreed would result in the removal of barriers to access in 26 compliance with the requirements of Federal and State law. The settlement agreement also 27 28 provided for payment by Defendant to Plaintiff of damages and attorneys' fees, with payments to be made in nine monthly installments.

3. On June 16, 2010 the Court dismissed this action with prejudice, pursuant to the parties' Stipulation of Dismissal. Pursuant to the Order the Court retained 4 jurisdiction to enforce the terms of the settlement, as provided in Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375 (1994). 6 7

4. Defendant has made all payments to Plaintiff required under the settlement agreement. Due to lack of financial resources, and to the death on April 1, 2011 of Defendant's 9 principal, Defendant has not been able to perform the agreed upon remedial work, and will not 10 be able to do so by the deadline established in the Settlement Agreement. 11 . On or about November 3, 2010 Defendant (along with its principal and an associated entity) was again sued for violation of the State and Federal disabled access laws.

That now pending matter is Mendoza v. Maya Palenque Restaurant, et al., N.D. California

Action No. 10-4978).

APELL 8719 (707) 823

6. The parties therefore agree that the deadline for completion of the remedial work agreed to in the Settlement Agreement in this matter is extended for siX months, until December 12, 2011, and that any associated deadlines are similarly extended.

Provided, however, that if the matter of Mendoza v. Maya Palenque Restaurant is settled 20 within that time, and a schedule for completion of remedial work is agreed to and approved 21 by the Court in conjunction with the settlement of that matter, the terms of that settlement (solely with regard to the scope and timing of remedial work at Maya Palenque Restaurant) 23 will supersede the terms of the Settlement Agreement in this matter.

7. The Parties further request that the Court retain jurisdiction to enforce the Settlement Agreement for an additional six months, or until June 16, 2012.

STIPULATION

All parties, through their respective counsel hereby stipulate that, subject to Court approval, Defendant Mi Casa Properties, LLC shall have an extension of six months of its time 2 for completing the remedial work agreed to in the Settlement Agreement herein, and the Court 3 retains jurisdiction to enforce the terms of the Settlement Agreement until June 16, 2012.

Further, that if the matter of Mendoza v. Maya Palenque Restaurant (N.D. California Action No. 10-4978) is settled within that time, and a schedule for completion of remedial work 6 is agreed to and approved by the Court in conjunction with that settlement, the terms of that 7 settlement (solely with regard to the scope and timing of remedial work at Maya Palenque 8 9

Restaurant) will supersede the terms of the Settlement Agreement in this matter.

Dated: June 28, 2011 By: /s/ Bruce Napell 127 S. Main Street, Sebastopol, CA 95472 LLP 12 Singler, Napell & Dillon, LLP 127 S. Main Street , ILLON 8737 Fax Sebastopol, CA 95472 707-823-8719 13 Attorney for Defendant Mi Casa Properties, LLC 8719 (707) 823 D - 14 & 15 APELL 16 N- 17 By: /s/ , Thomas N. Stewart, III INGLER (707) 823 18 369 Blue Oak Lane, 2 Floor Oakland, CA 94517 nd 19 S 925-672-8452 Attorney for Plaintiff Albert Ditch

Dated July ___, 2011

PURSUANT TO STIPULATION, IT IS SO ORDERED:

DIST ATE RICT JUDGE

20110706

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