Opinion
Case No. C09-1363 EMC, Civil Rights.
April 1, 2010
PAUL L. REIN, Esq. (SBN 43053), CELIA McGUINNESS, Esq. (SBN 159420), LAW OFFICES OF PAUL L. REIN, Oakland, CA, Attorneys for Plaintiff, IRVING GRIFFIN.
PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT; ORDER RESETTING CMC
Plaintiff hereby submits his case management statement, at the Court's request and in response to defendants' separately-filed case management conference statement. Because plaintiff was unaware that defendants intended to file a separate statement, this statement is filed a day after the Court's deadline. Plaintiff regrets the delay.
I. JURISDICTION
II. STATEMENT OF FACTS AND STATUS OF THE CASE
42 USC 1210128 USC § 133128 USC § 1367
Plaintiff seeks injunctive relief directing defendants to modify the facilities so that they provide full and equal access to all persons, including persons with physical disabilities who use a wheelchair. He also seeks damages for personal injuries and violation of his civil rights, and statutory attorney fees, litigation expenses and costs.
This case falls under U.S.D.C. Northern District General Order 56. The parties have conducted a site inspection and made efforts toward settlement. Mediation is scheduled for April 28, 2010. If the case does not settle at mediation, plaintiff will file a request for relief from General Order 56 and request a case management conference to set a trial date.
Plaintiff requests this Court continue the Case Management Conference to permit the General Order 56 process to continue.
III. REASONS FOR SUBMITTING SEPARATE CASE MANAGEMENT STATEMENT AND REBUTTAL OF DEFENDANT'S FALLACIOUS ALLEGATIONS
Defendants' allegations that plaintiff's counsel did not cooperate in creating a joint case management conference statement have no basis in reality. Plaintiff consulted several times over two days with defense counsel and never failed to return counsel's phone calls at her first opportunity. Plaintiff's contributions to the joint case management conference statement — a statement of jurisdiction, statement of the parties' roles, statement of plaintiff's claims and statement of relief sought — were reasonable. Declaration of Celia McGuinness, Exhibit 3. Plaintiff agreed with defendants in requesting a continuance of the case management conference. Yet still defendants filed a separate case management conference statement without notice to plaintiff, forcing plaintiff to file this otherwise unnecessary separate statement.
Most of defendants' statements on page 2: 10-28 of their case management conference statement are misrepresentations. Declaration of Celia McGuinness. Plaintiff is dismayed, particularly, that defendants A H Motors, Hadi Mosavi and Leslie C. Jacobson allowed the misrepresentations on their behalf, as their counsel have no personal knowledge of the events. Id. Because defendants challenge plaintiff's counsel's integrity under penalty of perjury, the Declaration of Celia McGuinness with exhibits is attached. If the Court is inclined to give credence to any of defendants' allegations about the meet and confer process, plaintiff's counsel requests it review the Declaration first.
IT IS SO ORDERED that the case management conference set for 4/7/10 at 1:30 p.m. is reset to 5/19/10 at 1:30 p.m. An updated joint CMC statement shall be filed by 5/12/10.