Opinion
Tanya E. Moore, MOORE LAW FIRM, P.C., San Jose, California Attorneys for Plaintiff, Lawrence Green.
WALTER & WILHELM LAW GROUP A Professional Corporation Riley C. Walter, Fresno, CA, Attorneys for Defendant, California Pride, Inc.
MOORE LAW FIRM, P.C. Tanya E. Moore, Attorneys for Plaintiff, Lawrence Green WALTER & WILHELM LAW GROUP, a Professional Corporation
Riley C. Walter, Attorneys for Defendant, California Pride, Inc., dba Cedar & Ashlan Buggy Clean.
STIPULATION TO STAY ACTION AND VACATE DATES IN SCHEDULING ORDER DUE TO DEFENDANT'S IMMINENT BANKRUPTCY FILING; ORDER
JOHN A. MENDEZ, District Judge.
Plaintiff Lawrence Green ("Plaintiff"), and Defendant California Pride, Inc., dba Cedar & Ashlan Buggy Clean ("Defendant, " and together with Plaintiff, the "Parties"), by and through their respective attorneys of record, hereby represent and stipulate as follows:
WHEREAS, this action arises out of Plaintiff's claim, all of which are disputed by Defendant, that Defendant discriminated against him in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq. ("ADA") and related California law. Specifically, Plaintiff, who is substantially limited in his ability to walk and uses a wheelchair for mobility, alleges that he encountered conditions at the public accommodation known as Ashlan Buggy Clean, located in Fresno, California ("the Facility"), that prevented his full and equal access to the Facility. Plaintiff seeks injunctive relief under state and federal law, damages under state law, and the recovery of his attorneys' fees, costs, and litigation expenses as permitted by statute;
WHEREAS, the Court issued a Status (Pre-Trial Scheduling) Order ("Scheduling Order") in this action on March 17, 2015 (Dkt. 13);
WHEREAS, on May 8, 2015, Plaintiff conducted a formal inspection of the Facility for the purpose of determining whether additional barriers to his full and equal access (in addition to those he alleged in his initial complaint to have personally encountered) existed at the Facility and was the process of amending his complaint to allege such additionally discovered conditions;
WHEREAS, on or about May 13, 2015, Defendant advised Plaintiff that it intends to file for bankruptcy;
WHEREAS, Defendant hereby represents that it intends to file for bankruptcy within the next 75 days;
WHEREAS, neither party wishes to incur additional fees and costs prosecuting and defending this action where bankruptcy is imminent and will automatically stay the action, and the Parties wish to conserve their resources as well as those of the Court pending the outcome of the bankruptcy;
NOW, THEREFORE, THE PARTIES HEREBY STIPULATE that this matter be stayed, and that all dates set forth in the Scheduling Order be vacated. Should Defendant not file bankruptcy and a Notice of Filing Bankruptcy in this action on or before August 3, 2015, the Parties shall file a Joint Status Report explaining the delay or change in circumstances on or before August 10, 2015. Should Defendant file for bankruptcy and file the Notice of Filing Bankruptcy in this action as anticipated, subject to the automatic stay of 11 § U.S.C. 362, Plaintiff shall file a Status Report every 90 days until the matter is either put back on calendar or dismissed.
IT IS SO STIPULATED.
ORDER
The Parties having so stipulated and good cause appearing, IT IS HEREBY ORDERED as follows:
1. This action is stayed and all dates set forth in the Court's Status (Pre-Trial) Scheduling Order are vacated.
2. Defendant shall either file a Notice of Filing Bankruptcy in this action as a result of its bankruptcy filing on or before August 3, 2015, or the parties shall file a Joint Status Report explaining the delay or change in circumstances on or before August 10, 2015.
3. Should Defendant file its Notice of Filing Bankruptcy in this action on or before August 3, 2015, subject to the automatic stay, Plaintiff shall, every 90 days thereafter, file a Status Report with the Court until such time as the matter is put back on calendar or the action is dismissed.
IT IS SO ORDERED.