The opinion of the court was delivered by: Honorable John A. Mendez United States District Court Judge
PAUL L. REIN, Esq. (SBN 43053) CELIA MCGUINNESS, Esq. (SBN 159420) CATHERINE M. CABALO, Esq. (SBN 248198) LAW OFFICES OF PAUL L. REIN 200 Lakeside Drive, Suite A Oakland, CA 94612 Telephone: 510/832-5001 Facsimile: 510/832-4787 email@example.com Attorneys for Plaintiff ROOSEVELT JOHNSON R. LAWRENCE BRAGG, Esq. VITALE & LOWE 3249 Quality Drive, Suite 200 Rancho Cordova, CA 95670-6098 Telephone: 916/851-3750 Facsimile: 916/851-3770 Attorneys for Defendants PD HOTEL ASSOCIATES, LLC dba RADISSON HOTEL SACRAMENTO, and DOW PRE II, LLC
STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND CORRESPONDING PRE-TRIAL DEADLINES TO FACILITATE SETTLEMENT
Plaintiff ROOSEVELT JOHNSON ("Plaintiff") filed a Complaint in this action on June 8, 2010 to enforce provisions of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12101 et seq., and California civil rights laws against defendants PD HOTEL ASSOCIATES, LLC dba RADISSON HOTEL SACRAMENTO and DOW PRE II, LLC (together referred to as "Defendants").
Plaintiff and Defendants have recently settled injunctive relief issues in this case and are engaged in continuing settlement negotiations with respect to Plaintiff's claims for monetary relief.
In aid of efforts to settle Plaintiff's monetary relief claims, Plaintiff and Defendants are requesting by a concurrently-filed stipulation that this Court schedule a settlement conference.
On the basis of the foregoing continued and substantial settlement activity, the parties request that this Court continue for an approximate five (5) month period the trial date in this matter and all corresponding pre-trial deadlines set in this Court's Status (Pre-trial Scheduling) Order, filed on December 10, 2010 ("Scheduling Order"), including those concerning discovery, expert disclosures, motion hearing schedule, and final pretrial conference. Per the Scheduling Order, the currently set dates are as follows:
Expert Witness Disclosures: July 15, 2011 Rebuttal Expert Witness Disclosures: July 22, 2011 Discovery Completion: September 13, 2011 Dispositive Motions (filed by): October 19, 2011 Dispositive Motions (heard by): November 16, 2011
The parties have been working diligently and in good faith toward investigating and responding to the issues raised in Plaintiff's Complaint. The requested continuance will allow the parties adequate time to continue good faith efforts to consummate settlements of Plaintiff's claims against Defendants in this matter. The requested continuance would also allow any remaining issues to be mediated at a settlement conference.
The parties respectfully submit that continuance of all of these dates is in the best interests of the parties and the Court to continue pursuit of the pending settlement efforts without incurring substantial attorneys' fees and expert costs through the discovery and pretrial motion process. Rather than proposing specific, new dates, the parties will accept the Court's discretion in continuing and resetting these dates to a timeframe approximately five (5) months from the currently- scheduled dates.
Good cause having been shown, the Court grants the parties' stipulation and request to continue for five (5) months all Scheduling Order deadlines not yet passed ...