Opinion
CASE NO. CV 2:11-1543 GEB-EFB
09-01-2011
VIC METTLER, Plaintiff, v. VERNAN BABA, Defendants.
Thomas N. Stewart III Attorney for Plaintiff Vic Mettler KROLOFF, BELCHER, SMART, PERRY & CHRISTOPHERSON Velma K. Lim Attorney for Defendant Vernon Bava
Velma K. Lim, SBN 111006 KROLOFF, BELCHER, SMART,
PERRY & CHRISTOPHERSON
Attorneys for Defendant, VERNON BAVA
STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO
COMPLAINT AND TO RESCHEDULE CASE MANAGEMENT CONFERENCE
IT IS HEREBY STIPULATED AND AGREED between the parties, plaintiff Vic Mettler and defendant Vernon Bava, that:
1) The parties are engaging in good faith settlement discussions which involve the use of public accommodation accessibility experts to evaluate the allegations in this action that violations of accessibility requirements under the Americans with Disabilities Act exist.
2) It is anticipated that a resolution of this legal action may be achieved upon the receipt of accessibility evaluation reports, which is anticipated to be achieved within 45 to 60 days.
3) Therefore, good cause supports the parties' request for a time extension for defendant Vernon Bava to respond to the Complaint and for a continuation of the Case Status Conference. The time extensions to allow the parties to complete accessibility evaluations and conclude settlement discussions will save the parties time and expense to file pleadings and attend a Case Status Conference and save the Court's time and effort to preside over a Case Status Conference, schedule court dates, issue a Pre-Trial Scheduling Order, then off-calendar all dates.
4) Defendant currently is to respond to the Complaint on or by September 6, 2011, pursuant to a prior stipulation between the parties. The parties agree and request the Court to grant a time extension of 60 days to and including November 6, 2011 for defendant Vernon Bava to respond to the Complaint.
5) The parties agree and request the Court to continue the Case Status Conference for 60 days and with the due date for Joint Status Conference Statements extended accordingly. The Case Status Conference is now set for October 3, 2011 at 9:00 a.m. and Joint Status Conference Statements are due fourteen days prior to the hearing.
Thomas N. Stewart III
Attorney for Plaintiff Vic Mettler
KROLOFF, BELCHER, SMART,
PERRY & CHRISTOPHERSON
Velma K. Lim
Attorney for Defendant Vernon Bava
ORDER
Having considered the foregoing, IT IS HEREBY ORDERED THAT:
1) Time extension is granted to and including November 6, 2011, for Defendant Vernon Bava to file a response to the Complaint.
2) The Case Status Conference is continued to December 12, 2011, at 9:00 a.m. a joint status report shall be filed fourteen days prior to the hearing.
GARLAND E. BURRELL, JR.
United States District Judge