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Robert Kalani v. Fry's Electronics

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


May 17, 2013

ROBERT KALANI, PLAINTIFF,
v.
FRY'S ELECTRONICS, INC; WARDENCLYFFE, L.P., A CALIFORNIA LIMITED PARTNERSHIP; QUALITY REAL ESTATE MANAGEMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, DEFENDANTS.

JOINT REQUEST FOR ADMINISTRATIVE RELIEF TO CONTINUE LAST DATE TO CONDUCT MEDIATION UNDER GENERAL ORDER 56; [PROPOSED] ORDER

Plaintiff, Robert Kalani ("Plaintiff"), and Defendants, Fry's Electronics, Inc., Wardenclyffe, L.P., and Quality Real Estate Management, LLC (collectively "Defendants," 24 and together with Plaintiff, "the Parties"), hereby request this Court for administrative relief 25 under Local Rule 7-11 and General Order 56 to continue the last date for mediation. 26

This case seeks, in part, relief pursuant to Title III of the Americans with Disabilities Act ("ADA"), and is therefore controlled in this Court by the procedures established by 28 General Order 56. Under General Order 56 and the scheduling order in this action, a joint site inspection of the subject property has taken place, the Parties have met and conferred in 2 person, a Notice of Need for Mediation was filed, a mediator assigned, and the last date to 3 conduct the mediation is May 20, 2013. 4

On March 13, 2013, mediator Carol Millie was appointed in this matter (Doc. 17).

Ms. Millie contacted the Parties on April 12, 2013 to set a date for mediation. The Parties 6 and Ms. Millie have been attempting to coordinate their calendars since then, and the first 7 available date for all Parties for the mediation is June 19, 2013 at 10:00 a.m., which date 8 exceeds the last date by which mediation must be conducted. 9

Therefore, the Parties request that the Court order that the mediation take place on June 19, 2013 at 10:00 a.m., and that each and every party to the action have a representative 11 present at the mediation who has final authority to settle and who is knowledgeable about the 12 facts of the case. 13 14

Dated: May 14, 2013 MOORE LAW FIRM, P.C. 15 16 /s/ Tanya E. Moore Tanya E. Moore 10 Attorneys for Plaintiff, 17 18 Robert Kalani Dated: May 16, 2013 BORTON PETRINI, LLP 20 21 /s/ Samuel L. Phillips 19 22 Samuel L. Phillips Attorneys for Defendants Fry's Electronics, Inc., Wardenclyffe, L.P., and Quality Real Estate Management, LLC

ORDER

The Court having considered the request of the Parties for administrative relief under General Order 56, and good cause appearing, 4

IT IS HEREBY ORDERED as follows:

1. Mediation shall take place on June 19, 2013 at 10:00 a.m.; and

2. Each and every party to the action shall have a representative present at the mediation who has final authority to settle and who is knowledgeable about the facts of the 8 case. 9 10

IT IS SO ORDERED.

United States District Judge

20130517

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