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Heatherly v. Bistro 29, CV-13-01132-NC. (2014)

Court: District Court, N.D. California Number: infdco20140530a89 Visitors: 34
Filed: May 29, 2014
Latest Update: May 29, 2014
Summary: MOTION FOR ADMINISTRATIVE RELIEF — REQUEST FOR CASE MANAGEMENT CONFERENCE; MEMORANDUM OF POINTS and AUTHORITIES; and [PROPOSED] ORDER SETTING CASE MANAGEMENT CONFERENCE THEREON [L.R. 7-11; Gen. Order 56] NATHANIEL COUSINS, Magistrate Judge. Plaintiffs Daren Heatherly and Irma Ramirez, pursuant to Local Rule 7-11 and General Order 56, hereby move this Court for Administrative Relief, and request the Court to set a Case Management Conference. The case before this Court seeks, in part, relief pu
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MOTION FOR ADMINISTRATIVE RELIEF — REQUEST FOR CASE MANAGEMENT CONFERENCE; MEMORANDUM OF POINTS and AUTHORITIES; and [PROPOSED] ORDER SETTING CASE MANAGEMENT CONFERENCE THEREON [L.R. 7-11; Gen. Order 56]

NATHANIEL COUSINS, Magistrate Judge.

Plaintiffs Daren Heatherly and Irma Ramirez, pursuant to Local Rule 7-11 and General Order 56, hereby move this Court for Administrative Relief, and request the Court to set a Case Management Conference.

The case before this Court seeks, in part, relief pursuant to Title III of the Americans with Disabilities Act ("ADA"), and pursuant to California statutes of Civil Code §51, et seq. and §54, et seq., and California Health & Safety Code §19955 et seq., relief and damages. Accordingly, litigation of this case is controlled by the procedures established in General Order No. 56. These procedures impose a stay on all discovery until after a mediation has been completed and a case management conference has taken place.

General Order No. 56 provides for plaintiffs to file a motion to request a Case Management Conference once a mediation has been completed. On May 15, 2014, plaintiffs DAREN HEATHERLY and IRMA RAMIREZ, and defendants BISTRO 29 and DEPARTMENT 29, INC., a California Corporation ("operators") had a mediation with Mediator, Joel Franciosa. The mediation was not successful. Therefore, plaintiffs respectfully request that this matter be set for a Case Management Conference.

Respectfully Submitted,

MEMORANDUM OF POINTS AND AUTHORITIES

GENERAL ORDER 56:

General Order No. 56 provides for plaintiffs to file a motion to request a Case Management Conference once a mediation has been completed.

¶8 "If the case does not resolve at mediation within seven (7) days of the mediator's filing of a Certification of ADR Sessions reporting that the mediation process is concluded, plaintiff shall file a Motion for Administrative Relief pursuant to Civil Local Rule 7-11 requesting a Case Management Conference."

[PROPOSED] ORDER

IT IS HEREBY ORDERED, that this Court will set this case for a Case Management Conference.

Source:  Leagle

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