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Dytch v. Yoon

United States District Court Northern District of California.
Nov 10, 2011
CV-2915 MEJ (N.D. Cal. Nov. 10, 2011)

Opinion

CV-2915 MEJ

11-10-2011

Dytch v. Yoon

THOMAS N. STEWART, III Attorney at Law


THOMAS N. STEWART, III

Attorney at Law

Magistrate Dear Magistrate James:: This letter is filed to comply with your standing order re discovery disputes. This action is brought pursuant to the Americans with Disabilities Act. Plaintiff alleges that he is a disabled wheelchair user. Defendant owns the property in Oakland where a Restaurant is operated. Plaintiff alleges that on April 17, 2010 he patronized the Restaurant and encountered violations of the ADA. Plaintiff seeks an injunction, damages and attorneys' fees. This Action was set to be mediated in August 2011. However, right before the mediation was to take place, the parties entered into a settlement agreement. Pursuant to the agreement, money was to be paid by September 17, 2011. Payment of agreed upon money was stated in the agreement to be material. Pursuant to the agreement, if the money was not paid, the Action would continue. The money still has not been paid. On September 20, 2011, Plaintiff propounded Interrogatories to the Defendant. Plaintiff has made attempts to induce the Defendant to serve Answers to the Interrogatories. These attempts have been e-mails, telephone conversations and the required "meet and confer". Still, no Answers to the Interrogatories have been served.

Unresolved Dispute

Defendant is obligated to serve Answers to the Interrogatories, but has not done so. Plaintiff's Position Defendant is obligated to serve Answers to the Interrogatories pursuant to FRCP 33. Magistrate Judge Maria-Elena James Re: 11-2915 Discovery Dispute letter

Defendant's Position

Defendant does not have a position. Very truly yours, THOMAS N. STEWART, III DAVID B. WHITMAN TNS/t As there is no indication that the parties have met and conferred in person, the Court shall not consider Plaintiff's letter. The dispute may be resubmitted in compliance with the undersigned's discovery standing order, and specifically all requirements listed in paragraph 2.

Judge Maria-Elena James


Summaries of

Dytch v. Yoon

United States District Court Northern District of California.
Nov 10, 2011
CV-2915 MEJ (N.D. Cal. Nov. 10, 2011)
Case details for

Dytch v. Yoon

Case Details

Full title:Dytch v. Yoon

Court:United States District Court Northern District of California.

Date published: Nov 10, 2011

Citations

CV-2915 MEJ (N.D. Cal. Nov. 10, 2011)