Free Motion for Extension of Time to File Answer - District Court of California - California

Case 3:08-cv-00471-JAH-LSP

Document 9-2

Filed 04/22/2008

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Aimee G. Mackay (SBN 221690) [email protected] SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 Los Angeles, California 90013-1010 Telephone: (213) 896-6000 Facsimile: (213) 896-6600 Attorneys For Defendant C.V. CENTER, INC. Lynn Hubbard, III (SBN 69733) Scottlynn Hubbard, IV (SBN 212970) [email protected] DISABLED ADVOCACY GROUP, APLC 12 Williamsburg Lane Chico, California 95926 Telephone: (530) 895-3252 Facsimile: (530) 894-8244 Attorneys For Plaintiff BARBARA HUBBARD UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BARBARA HUBBARD, ) ) Plaintiff, ) C.V. CENTER, INC., JAMBA JUICE ) COMPANY dba JAMBA JUICE #603; ) CASUAL DINING SERVICES, INC. ) dba PIZZERIA UNO; MERVYN'S LLC; STARBUCKS CORPORATION ) dba STARBUCKS COFFEE #6632; J.C. ) PENNEY COMPANY, INC. dba JCPENNEY #1274; SERLER, INC. dba ) SUBWAY #31595; MANA ) DEVELOPMENT GROUP, LLC dba ) PANERA BREAD, CAFÉ #4284 ) Defendants, ) ) ) ) Case No. 08-CV-471-JAH LSP Assigned to: The Honorable John A. Houston MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THE JOINT MOTION OF PLAINTIFF BARBARA HUBBARD AND DEFENDANT C.V. CENTER, INC. TO EXTEND TIME TO ANSWER OR MOVE TO DISMISS

MEMORANDUM IN SUPPORT OF JOINT MOTION TO EXTEND TIME TO ANSWER OR MOVE TO DISMISS 08CV471

Case 3:08-cv-00471-JAH-LSP

Document 9-2

Filed 04/22/2008

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Plaintiff Barbara Hubbard ("Plaintiff") and defendant C.V. Center, Inc. ("C.V. Center") hereby jointly move this Court for an order extending time to answer or move to dismiss Plaintiff's Complaint ("the Complaint"). I. INTRODUCTION Plaintiff filed the Complaint on March 13, 2008 against C.V. Center and seven other defendants. C.V. Center was through its agent for service of process by personal service on April 2, 2008. C.V. Center's response to the Complaint is due April 22, 2008. The parties have agreed that good cause exists for the Court to extend time for C.V. Center to respond to the Complaint, as set forth below. II. GOOD CAUSE EXISTS FOR THE COURT TO EXTEND THE TIME FOR C.V. CENTER TO ANSWER OR MOVE TO DISMISS Pursuant to Federal Rule of Civil Procedure 6(b), this Court has the discretion to extend time for C.V. Center to respond to the Complaint. Fed. R. Civ. P. 6(b) ("When by these rules...an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion...order the period enlarged if request therefore is made before the expiration of the period originally prescribed...."). The parties have agreed that extending the time for C.V. Center will conserve the Court's and the parties' resources, and therefore believe that good cause exists for the Court to extend time. The Complaint alleges thirty-two (32) causes of action. According to the Complaint, defendants operate and maintain facilities of public accommodation, which Plaintiff alleges do not meet the requirements of the Americans with Disabilities Act (42 U.S.C. §§ 12101 et seq.) and related statutes regarding accessibility for disabled individuals. Due to the complexity of the allegations, C.V. Center and its counsel require additional time to review the Complaint and prepare 2
MEMORANDUM IN SUPPORT OF JOINT MOTION TO EXTEND TIME TO ANSWER OR MOVE TO DISMISS 08CV471

Case 3:08-cv-00471-JAH-LSP

Document 9-2

Filed 04/22/2008

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LA1 1172212v.1

C.V. Center's response thereto. Plaintiff has agreed to extend C.V. Center's time to respond to the Complaint for twenty-five (25) days, to and including May 15, 2008. This is the first extension of time provided to C.V. Center to respond to the Complaint, and the parties agree that this extension is not sought for the purpose of improper delay, and will not prejudice Plaintiff. III. CONCLUSION The parties have stipulated that extending the time for C.V. Center to respond to the Complaint will conserve the parties' and the Court's resources. The parties therefore believe that good cause exists for the Court to exercise its discretion under Rule 6(b) to extend the time to respond to the Complaint. Accordingly, the parties jointly move this Court to extend the time. Dated: April 22, 2008 SIDLEY AUSTIN LLP

By: /s/ Aimee G. Mackay E-mail: [email protected] Attorney for Defendant C.V. CENTER, INC. Dated: April 22, 2008 DISABLED ADVOCACY GROUP, APLC

By: /s/ Lynn Hubbard, III E-mail: [email protected] Attorney for Plaintiff BARBARA HUBBARD

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MEMORANDUM IN SUPPORT OF JOINT MOTION TO EXTEND TIME TO ANSWER OR MOVE TO DISMISS 08CV471