Civil Rights STIPULATED JOINT MOTION FOR ADMINISTRATIVE RELIEF LIFTING GENERAL ORDER 56's STAY OF DISCOVERY AND [PROPOSED] ORDER THEREON

[Pursuant to: Paragraph 9 of General Order 56 and Local Rules 7-11 and 7-12]

WILLIAM ALSUP, District Judge.

STIPULATED ADMINISTRATIVE MOTION AND REQUEST FOR [PROPOSED] ORDER

COME NOW, Plaintiff/Counter-Defendant KELLY TOPPING, Plaintiff MAX WADMAN, Defendant/Counterclaimant DISCOVERY BAY YACHT HARBOR, LLC ("DBYH LLC") and Defendant KEN HOFMANN, being all the parties to the captioned action (the "PARTIES"), and hereby submit the following Stipulated Motion for Administrative Relief Lifting General Order 56's Stay of Discovery in this action, and respectfully request that the Court issue the [proposed] Order appended to this motion:

1. Plaintiffs MAX WADMAN and KELLY TOPPING filed a Complaint in this action on November 14, 2014, alleging violations of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. sections 12101 et seq., California civil rights laws and common law tort claims against Defendants; NEW DISCOVERY, INC.; DISCOVERY BAY MARINA PROPERTIES, a California General Partnership; KEN HOFMANN; WALTER L. YOUNG; RONALD DAWSON; WALTER L. YOUNG and MARY C. YOUNG, TRUSTEES OF THE YOUNG REVOCABLE TRUST (collectively, "Defendants").

2. On July 22, 2015, the mediator appointed in this case, Alex Tse, Esq., filed his Certification of ADR Session reporting that the mediation process had concluded with a partial settlement of this case.

3. On September 2, 2015, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure the following Defendants were dismissed without prejudice, with each party to bear their own costs: NEW DISCOVERY, INC.; DISCOVERY BAY MARINA PROPERTIES, a California General Partnership; RONALD DAWSON; WALTER L. YOUNG; WALTER L. YOUNG and MARY C. YOUNG, TRUSTEES OF THE YOUNG REVOCABLE TRUST DATED FEBRUARY 11, 1999.

4. On September 16, 2015, a Consent Decree resolving the issue of injunctive relief was filed jointly by the PARTIES, and September 16, 2014, the Consent Decree was granted by an Order of the Court.

5. Pursuant to paragraph 9 of General Order 56 and Local Rules 7-11 and 7-12, the PARTIES hereby jointly stipulate to this motion and respectfully move the Court for an Order lifting the stay of discovery imposed by General Order 56 so that they may forthwith engage in discovery pursuant to the Federal Rules of Civil Procedure on the issues which have not been settled. The cut-off for lay discovery is December 18, 2015.

ORDER

Pursuant to stipulation, and for good cause shown, IT IS ORDERED that the stay of discovery imposed in this case by General Order 56 is hereby lifted.