Goldkorn v. Cim/oakland City Center, LLC

Northern District of California, cand-4:2015-cv-01561

ORDER GRANTING {{27}} Fifth Stipulation to Continue Dates Under General Order 56. Signed by Judge Jeffrey S. White on December 18, 2015. (jswlc3, COURT STAFF)

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Case 4:15-cv-01561-JSW Document 28 27 Filed 12/18/15 Page 1 of 4 1 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 2 332 North Second Street San Jose, California 95112 3 Telephone (408) 298-2000 Facsimile (408) 298-6046 4 Email: tanya@moorelawfirm.com 5 Attorney for Plaintiff Ruthee Goldkorn 6 SEYFARTH SHAW LLP 7 Kristina M. Launey (SBN 221335) E-mail: klauney@seyfarth.com 8 400 Capitol Mall, Suite 2350 Sacramento, California 95814-4428 9 Telephone: (916) 448-0159 10 Facsimile: (916) 558-4839 11 Attorneys for Defendants 12 CIM/OAKLAND CITY CENTER, LLC dba OAKLAND MARRIOTT CITY CENTER and 13 AGRE DCP OAKLAND CITY CENTER OWNER LLC 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18) No. 4:15-cv-01561-JSW RUTHEE GOLDKORN,) 19) FIFTH STIPULATION TO CONTINUE Plaintiff,)) DATES UNDER GENERAL ORDER 56; 20 vs. [PROPOSED] ORDER) 21) CIM OAKLAND CITY CENTER, LLC, dba) 22 OAKLAND MARRIOTT CITY CENTER, et)) al.,) 23) Defendants.) 24) 25 26 WHEREAS, Plaintiff, Ruthee Goldkorn ("Plaintiff"), has brought this action against 27 Defendants, CIM/Oakland City Center, LLC, dba Oakland Marriott City Center, DiNapoli 28 Capital Partners LLC ("DiNapoli"), and AGRE DCP Oakland City Center Owner LLC, FIFTH STIPULATION TO CONTINUE DATES UNDER GENERAL ORDER 56; [PROPOSED] ORDER Page 1 23616844v.1 Case 4:15-cv-01561-JSW Document 28 27 Filed 12/18/15 Page 2 of 4 1 alleging violations of Title III of the Americans with Disabilities Act seeking to have barriers 2 to her access removed from the Oakland Marriott City Center hotel located at 1001 Broadway 3 in Oakland, California ("the Facility"), and this matter therefore proceeds under the procedural 4 requirements of General Order 56; 5 WHEREAS, Defendant DiNapoli was dismissed without prejudice on July 15, 2015 6 (Dkt. 12); 7 WHEREAS, on April 6, 2015, the Court issued its Scheduling Order for Cases 8 Asserting Denial of Right of Access under the Americans with Disabilities Act (Dkt. 4) which 9 set the last date for parties to conduct a joint site inspection of the subject property as July 20, 10 2015; 11 WHEREAS, on July 16, 2015, pursuant to the parties' stipulation, the Court continued 12 the last date for the parties to conduct their joint site inspection to October 9, 2015; 13 WHEREAS, on July 17, 2015, Plaintiff filed a Second Amended Complaint adding 14 AGRE DCP Oakland City Center Owner LLC as a defendant; 15 WHEREAS, on December 1, 2015, pursuant to the parties' fourth stipulation, the 16 Court continued the last date for the parties to conduct their joint site inspection to December 17 21, 2015; 18 WHEREAS, the parties are working together cooperatively and have made substantial 19 progress towards settlement since December 1, 2015, but given the size of the subject property 20 and the scope of equitable issues to be resolved, they still require additional time to work 21 towards a final settlement, and wish to avoid the additional cost of the joint site inspection 22 while concluding settlement negotiations; 23 WHEREAS, the parties have agreed to conduct the joint site inspection on January 14, 24 2016 should a settlement not be reached by that date. 25 NOW, THEREFORE, the parties hereby stipulate that the joint site inspection 26 required pursuant to General Order 56 ¶ 3 shall take place on January 14, 2016 unless a 27 settlement of this action is reached prior thereto, and that all other dates and deadlines under 28 General Order 56 which are triggered by the joint site inspection shall be calculated FIFTH STIPULATION TO CONTINUE DATES UNDER GENERAL ORDER 56; [PROPOSED] ORDER Page 2 23616844v.1 Case 4:15-cv-01561-JSW Document 28 27 Filed 12/18/15 Page 3 of 4 1 accordingly. 2 IT IS SO STIPULATED. 3 Dated: December 18, 2015 MOORE LAW FIRM, P.C. 4 /s/ Tanya E. Moore 5 Tanya E. Moore Attorney for Plaintiff, 6 Ruthee Goldkorn 7 Dated: December 18, 2015 SEYFARTH SHAW LLP 8 /s/ Kristina M. Launey 9 Kristina M. Launey Attorneys for Defendants, 10 CIM/Oakland City Center 11 and AGRE DCP Oakland City Center Owner LLC 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIFTH STIPULATION TO CONTINUE DATES UNDER GENERAL ORDER 56; [PROPOSED] ORDER Page 3 23616844v.1 Case 4:15-cv-01561-JSW Document 28 27 Filed 12/18/15 Page 4 of 4 1 ORDER 2 The Parties having so stipulated and good cause appearing, 3 IT IS HEREBY ORDERED that the joint site inspection required pursuant to General 4 Order 56, ¶ 3, shall take place on January 14, 2016 unless a settlement of the action is reached 5 prior to that date, and that all other dates and deadlines under General Order 56 which are 6 triggered by the joint site inspection shall be calculated accordingly. 7 8 9 IT IS SO ORDERED. 10 11 Dated: December 18, 2015 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIFTH STIPULATION TO CONTINUE DATES UNDER GENERAL ORDER 56; [PROPOSED] ORDER Page 4 23616844v.1