Johnson v. El Dorado Liquors, Inc. et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/11 ORDERING dfts' motions to stay 16 17 are DENIED. (Carlos, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SCOTT JOHNSON,
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Plaintiff,
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No. CIV S-11-00064 WBS KJN (TEMP) PS
vs.
EL DORADO LIQUORS, INC., et al.,
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Defendants.
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ORDER
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This action was referred to the undersigned under Local Rule 302(c)(21). On May
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4, 2011, defendants John Segall and Reva Segall filed motions to stay the action. Those motions
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were also referred to the undersigned. Defendants invoke provisions of the California Civil Code
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which allow for early evaluation conferences in actions where construction-related accessibility
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claims are made and where the subject site has been inspected by a Certified Access Specialist
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(“CASp”). See Cal. Civil Code, §§ 55.51, et seq. The Federal Rules of Civil Procedure govern
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the instant action, not California procedures. While an inspection by a CASp may be relevant to
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settlement negotiations in this matter, it does not appear a stay at this juncture is warranted.
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Accordingly, IT IS HEREBY ORDERED that defendants’ motions to stay (dkt.
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nos. 16, 17) are denied.
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DATED: June 6, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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