Opinion
PAUL L. REIN, ESQ., CELIA MCGUINNESS, ESQ., CATHERINE CABALO, ESQ., LAW OFFICES OF PAUL L. REIN, Oakland, CA, Attorneys for Plaintiff ODIS MARTIN and LORETHA MARTIN.
GARY R. BASHAM, ESQ., BASHAM LAW GROUP, Sacramento, California, Attorneys for Defendants, WHGCA LLC and HILTON WORLDWIDE, INC.
STIPULATION AND ORDER TO CONTINUE DEADLINE TO COMPLETE DISCOVERY
GARLAND E. BURRELL, Jr., Senior District Judge.
TO THE CLERK OF THE ABOVE-ENTITLED COURT AND TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:
STIPULATION
To keep costs down and to facilitate efficient resolution of this case, Plaintiffs ODIS MARTIN and LORETHA MARTIN ("Plaintiffs") and defendants WHGCA LLC and HILTON WORLDWIDE, INC. ("Defendants") - Plaintiffs and Defendants together the "Parties" - hereby stipulate and request that the deadline to complete discovery in this matter be continued to December 18, 2015. The Parties do so based on the following good cause:
1. The subject property is Hilton Sacramento Arden West, a large hotel located in Sacramento, California (the "Hotel").
2. Pursuant to Oliver v. Ralphs Grocery Co., 654 F.3d 903 (9th Cir. 2011), Plaintiffs amended their Complaint on February 11, 2015, to reflect all alleged access barriers at the Hotel (Docket No. 38), and Defendants answered the Amended Complaint on February 25, 2015 (Docket Nos. 39 and 40).
3. The Parties have actively met and exchanged relevant information to evaluate settlement options since the Parties participated in a Federal Rule of Civil Procedure ("Fed.R.Civ.P.") 34 site inspection at the Hotel on August 19, 2014. The Parties' access consultants most recently met at the Hotel on September 8, 2015 to discuss barrier removal options. They intend to conduct a third site inspection by the end of September to conclude their determinations of the Parties' respective positions regarding injunctive relief.
4. Depositions of Defendants have been tentatively set for October 7-9, 2015.
5. A settlement conference has been scheduled with Magistrate Judge Allison Claire on February 25, 2016.
6. The current deadline to complete discovery in this matter is October 28, 2015, per the Court's July 31, 2015 Order (Docket No. 42).
IT IS HEREBY STIPULATED by and among all parties that the deadline to complete discovery in this matter be continued until December 18, 2015 so that the Parties can make their best efforts to settle this case without unnecessary discovery and litigation, but still be allowed enough time to complete discovery if settlement efforts are not successful.
ORDER
Based upon the parties' stipulation, it is so ORDERED. The deadline to complete discovery in this case shall be December 18, 2015.