Filed: Mar. 22, 2016
Latest Update: Mar. 22, 2016
Summary: MOTION FOR ADMINISTRATIVE RELIEF — REQUEST FOR CASE MANAGEMENT CONFERENCE; MEMORANDUM OF POINTS AND AUTHORITIES AND [PROPOSED] ORDER THEREON SETTING CASE MANAGEMENT CONFERENCE [L.R. 7-11; Gen. Order 56] KANDIS A. WESTMORE , 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 requests the Court to set a Case Management Conference in the above-captioned matter. The case before t
Summary: MOTION FOR ADMINISTRATIVE RELIEF — REQUEST FOR CASE MANAGEMENT CONFERENCE; MEMORANDUM OF POINTS AND AUTHORITIES AND [PROPOSED] ORDER THEREON SETTING CASE MANAGEMENT CONFERENCE [L.R. 7-11; Gen. Order 56] KANDIS A. WESTMORE , 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 requests the Court to set a Case Management Conference in the above-captioned matter. The case before th..
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MOTION FOR ADMINISTRATIVE RELIEF — REQUEST FOR CASE MANAGEMENT CONFERENCE; MEMORANDUM OF POINTS AND AUTHORITIES AND [PROPOSED] ORDER THEREON SETTING CASE MANAGEMENT CONFERENCE [L.R. 7-11; Gen. Order 56]
KANDIS A. WESTMORE, 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 requests the Court to set a Case Management Conference in the above-captioned matter.
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. A mediation was conducted on February 23, 2016, by Mediator, Robert Pohls. However, the parties were unsuccessful in their efforts to try and resolve the above-mentioned caption matter. This case has not settled. It appears that discovery is necessary. Therefore, plaintiffs respectfully request that this matter be set for a Case Management Conference.
MEMORANDUM OF POINTS AND AUTHORITIES GENERAL ORDER 56:
General Order No. 56 provides for plaintiff 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 sets this case for a Case Management Conference on May 17, 2016. The Joint CMC Statement is due May 10, 2016.