United States District Court, N.D. California
E. Frankovich, THOMAS E. FRANKOVICH, APLC, Attorney for
Plaintiff IRMA RAMIREZ
Foran, Joseph A. Sacramento, LAW OFFICES OF JOSEPH A.
SACRAMENTO, Attorney for Lorraine T.C. Dun, Trustee of the
Lorraine T.C. Dun Survivor’s Trust; and Trustee of the
Edmund Y.K. Dun Bypass Trust
A. Lepera, SBN 207615 LEPERA ASSOCIATES, PC, Attorney for
Defendants PHUONG DUONG dba YUCATASIA (erroneously sued as
JOINT FURTHER MANAGEMENT STATEMENT
EDWARD M. CHEN, JUDGE
to Civil Local Rule 16-9 and the Court's Order, the
parties to the above -captioned action jointly submit this
Further Case Management Statement.
As of today’s date, the parties to the above-captioned
matter have reached a settlement and have a fully executed
is currently waiting on the settlement funds from the tenant
before filing a stipulation of dismissal with prejudice.
Settlement funds are currently due Friday, July 29, 2016.
plaintiff has received the full settlement amount as per the
parties’ settlement agreement, plaintiff will file a
stipulation of dismissal with the Court. As such, the parties
respectfully request that all matters currently on calendar
JURISDICTION, VENUE AND SERVICE
This Court has jurisdiction of this action pursuant to 28
U.S.C. §1331 for violations of the Americans with
Disabilities Act of 1990, 42 U.S.C. §12101, et
seq. Pursuant to supplemental jurisdiction, attendant
and related causes of action, arising from the same nucleus
of operative facts and arising out of the same transactions,
are also brought under parallel California law, whose goals
are closely tied with the ADA, including, but not limited to
violation of California Civil Code §51, et seq.
and §54, et seq., California Health &
Safety Code §19955 et seq., including
§19959; and California Building Code.
Venue is proper in this court pursuant to 28 U.S.C.
§1391(b) and is founded on the facts that the real
property which is the subject of this action is located
at/near 2164 Mission Street, in the City and County of San
Francisco, State of California, and that plaintiff’s
causes of action arose in this county.
parties are unaware of any issues concerning personal
jurisdiction or venue.