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Cortez v. City of Porterville

United States District Court, E.D. California

March 20, 2014

ROGER CORTEZ, Plaintiff,
v.
CITY OF PORTERVILLE, Defendant

Page 1161

For Roger Cortez, Plaintiff: Mark D. Potter, LEAD ATTORNEY, Potter Handy, LLP, San Diego, CA; Phyl Grace, LEAD ATTORNEY, Potter Handy LLP, San Diego, CA.

For City of Porterville, Defendant: Mark Foster Hazelwood, LEAD ATTORNEY, Allen Glaessner & Werth LLP, San Francisco, CA; Kimberly Y. Chin, Allen, Glaessner, Hazelwood & Werth, San Francisco, CA.

OPINION

Page 1162

ORDER ON MOTION TO DISMISS (Doc. 4)

Lawrence J. O'Neill, UNITED STATES DISTRICT JUDGE.

I. PRELIMINARY STATEMENT TO PARTIES AND COUNSEL

Judges in the Eastern District of California carry the heaviest caseloads in the nation, and this Court is unable to devote inordinate time and resources to individual cases and matters. Given the shortage of district judges and staff, this Court addresses only the arguments, evidence, and matters necessary to reach the decision in this order. The parties and counsel are encouraged to contact the offices of United States Senators Diane Feinstein and Barbara Boxer to address this Court's inability to accommodate the parties and this action. The parties are required to reconsider consent to conduct all further proceedings before a Magistrate Judge, whose schedules are far more realistic and accommodating to parties than that of U.S. District Judge Lawrence J. O'Neill, who must prioritize criminal and older civil cases.

Civil trials set before Judge O'Neill trail until he becomes available and are subject to suspension mid-trial to accommodate criminal matters. Civil trials are no longer reset to a later date if Judge O'Neill is unavailable on the original date set for trial. Moreover, this Court's Fresno Division randomly and without advance notice reassigns civil actions to U.S. District Judges throughout the nation to serve as visiting judges. In the absence of Magistrate Judge consent, this action is subject to reassignment to a U.S. District Judge from outside the Eastern District of California.

II. INTRODUCTION

Plaintiff Roger Cortez (" Mr. Cortez" ) brings this suit against the City of Porterville (" City" ). He alleges disability related claims arising out of his inability to access portions of the Porterville Sports Complex (" Sports Complex" ) with his granddaughter who uses a wheelchair for mobility. Pending before the Court is the City's motion to dismiss for failure to state a claim. For the reasons discussed below, this Court DENIES the City's motion.

III. BACKGROUND

A. Facts[1]

Mr. Cortez's granddaughter suffers from significant ...


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