Opinion
CASE NO. 1:12-cv-01031-LJO-BAM
07-24-2012
CECIL SHAW, Plaintiff, v. BLACKSTONE COMMERCIAL PLAZA, LLC, HERB BAUER'S SPORTING GOODS, INC. dba HERB BAUER SPORTING GOODS, Defendants.
GILMORE, WOOD, VINNARD & MAGNESS Daniel W. Rowley Attorneys for Defendants BLACKSTONE COMMERCIAL PLAZA, LLC, HERB BAUER'S SPORTING GOODS, INC. dba HERB BAUER SPORTING GOODS MOORE LAW FIRM, P.C. Tanya E. Moore Attorneys for Plaintiff CECIL SHAW
DANIEL W. ROWLEY, #109408
GILMORE, WOOD, VINNARD & MAGNESS
Attorneys for Defendants BLACKSTONE
COMMERCIAL PLAZA, LLC and HERB
BAUER'S SPORTING GOODS, INC. dba
HERB BAUER SPORTING GOODS
STIPULATION TO EXTEND TIME
TO RESPOND TO COMPLAINT AND
CONTINUE THE MANDATORY
SCHEDULING CONFERENCE;
ORDER THEREON
WHEREAS, the Defendants in this action were served with the Complaint on or about July 5, 2012,
WHEREAS, the Defendants are the owners of commercial property allegedly visited by Plaintiff (the "Property"),
WHEREAS, the Complaint contains allegations of violations of the Americans with Disabilities Act ("ADA") and related causes of action,
WHEREAS, the parties would like to resolve this matter without further litigation,
WHEREAS, before discussing resolution it is necessary for Defendants to obtain an expert opinion regarding the alleged ADA deficiencies on the Property,
WHEREAS, before discussing resolution of this matter and after obtaining an expert opinion regarding the alleged ADA deficiencies on the Property it will be necessary for Defendants to also obtain bids from contractors to correct any actual ADA deficiencies, if any, on the Property,
WHEREAS, after the expert opinion bids are received the parties will need time to negotiate and document a resolution of this matter, and
WHEREAS, the time needed to accomplish these tasks will extend past September 6, 2012, the date currently set for the Mandatory Scheduling Conference,
IT IS HEREBY STIPULATED by and between the parties through their respective attorneys of record as follows:
1. Defendants shall have until September 6, 2012, to answer or otherwise respond to the complaint.
2. The currently scheduled Mandatory Scheduling Conference on September 6, 2012, is hereby continued to a date to be set by the Court.
GILMORE, WOOD, VINNARD & MAGNESS
By: _________________
Daniel W. Rowley
Attorneys for Defendants BLACKSTONE
COMMERCIAL PLAZA, LLC, HERB
BAUER'S SPORTING GOODS, INC. dba
HERB BAUER SPORTING GOODS
MOORE LAW FIRM, P.C.
By: _________________
Tanya E. Moore
Attorneys for Plaintiff CECIL SHAW
ORDER
Based on the Stipulation of the parties (Doc. 8), and for good cause shown, IT IS HEREBY ORDERED as follows:
1. Defendants shall have until September 6, 2012, to answer or otherwise respond to the complaint.
2. The Initial Scheduling Conference currently set for September 6, 2012 (Doc. 5) is CONTNIUED to October 23, 2012, at 9:00 AM, in Courtroom 8, before the Honorable Barbara A. McAuliffe. IT IS SO ORDERED.
_________________
UNITED STATES MAGISTRATE JUDGE