THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
April 24, 2012
ALMA CLARISA HERNANDEZ, ET AL., PLAINTIFFS,
VALLCO INTERNATIONAL SHOPPING CENTER, LLC, ET AL.,
K. Randolph Moore, Esq. SBN 106933 Tanya E. Moore, Esq. SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone: (408) 298-2000 Facsimile: (408) 298-6046 Attorneys for Plaintiffs Alma Clarisa Hernandez, Ronald Moore, and Theresa Wallen
JOINT REQUEST BY PLAINTIFFS AND DEFENDANT TGI FRIDAY'S, INC. TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE AND DATE SET FOR AMENDMENT OF PLEADINGS; [PROPOSED] ORDER Assigned to Honorable Edward J. Davila
Plaintiffs Alma Clarisa Hernandez, Theresa Wallen and Ronald Moore ("Plaintiffs"), 20 together with Defendant TGI Friday's, Inc. ("TGI Friday's") hereby respectfully request that 21 the Court again continue the Further Case Management Conference currently set for May 4, 22 2012, and the deadline of May 4, 2012 for amendment of pleadings, for the following reasons: 23
1. This matter was brought by Plaintiffs under the Americans with Disabilities Act Title III ("ADA") to have alleged barriers to their access removed from defendants' facilities 25 located at the Vallco Shopping Mall in Cupertino, California. Accordingly, this Court's 26 General Order 56 ("GO 56") has governed the procedural course of this matter to date. The 27 mediation as to all defendants except defendant TGI Friday's took place on March 8 and 9, 28 2012 which mediation resulted in settlement being reached with all participating defendants.
Defendant TGI Friday's was unable to attend the mediation on March 8 and 9, 2012. 2
2. The remaining mediation as to TGI Friday's has been tentatively set for June 7 or June 11, 2012 pending confirmation by the mediator. During the intervening time, Plaintiffs 4 and TGI Friday's have been actively and diligently involved in productive settlement 5 discussions and are cautiously optimistic that a settlement will be reached. 6
3. Plaintiffs have now resolved this matter as to all defendants except TGI Friday's. 3 Plaintiffs have either dismissed the settling defendants or will be doing so shortly pending 8 finalizing the settlements. 9
4. The purpose of GO 56 is "to require the parties to engage in a structured process 7 10 designed to achieve early compliance with the ADA while minimizing the adversarial litigation 11 process and concomitant fees." White v. Ming R. Shen, 2011 U.S. Dist. LEXIS 2174 (N.D. 12 Cal. Jan. 5, 2011). The Further Case Management Conference will best serve the purpose of 13 GO 56 if held after the TGI Friday's mediation in order to afford the parties an opportunity to 14 reach an informal resolution prior to incurring the costs preparing for and attending the 15 conference. 16
5. Requiring amendment of Plaintiffs' operative complaint prior to the completion of 17 mediation will also needlessly add significant attorney fees to address allegations against TGI 18 Friday's who may be dismissed after mediation. Plaintiffs must amend their complaint to 19 conform to the standing requirements of Chapman v. Pier One Imports (U.S.), Inc., 631 F.3d 20 939 (9th Cir. 2011) (decided after Plaintiffs' filing of their Second Amended Complaint) and 21 also to allege every barrier they seek to have removed from each of defendants' facilities 22 (information obtained as a result of the joint site inspections which occurred after Plaintiffs' 23 initial filing). Amongst other relief, Plaintiffs seek the recovery of attorney fees and costs in 24 this matter. Therefore, minimizing the amount of such fees is beneficial to TGI Friday's as 25 well as conserves the resources of the Court. 26
6. Accordingly, Plaintiffs and TGI Friday's hereby respectfully request that the Court 27 continue the Further Case Management Conference to a date after June 28, 2012 to afford time 28 for the completion of mediation, and the last date for Plaintiffs to file a motion or stipulation 2 for leave to amend their Second Amended Complaint to June 28, 2012. 3
Upon request of Plaintiffs and Defendant TGI Friday's, Inc., and good cause appearing, 14 set for May 4, 2012 be continued to ______________, 2012 at ________ in Courtroom 4. The
IT IS HEREBY ORDERED that the Further Case Management Conference currently
Parties are ordered to file an updated Case Management Conference Statement one week prior 16 to the conference. 17
IT IS FURTHER ORDERED that Plaintiffs shall have to and including June 8, 2012
to file a stipulation or motion to amend their Second Amended Complaint. 19
This order supersedes Docket Item No. 288.
IT IS SO ORDERED. 21 22
United States District Court Judge
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