Free Joint Hearing Statement - District Court of California - California

Case 3:07-cv-02301-JLS-POR

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Filed 02/27/2008

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GREENBERG TRAURIG, LLP GREGORY F. HURLEY (SBN 126791) MICHAEL J. CHILLEEN (SBN 210704) 3161 Michelson Drive, Suite 1000 Irvine, California 92612 Telephone: (949) 732-6500 Facsimile: (949) 732-6501 Email: [email protected]; [email protected] Attorneys for Defendant, Ralphs Grocery Company DBA Food 4 Less #780 LYNN HUBBARD, III, SBN 69773 SCOTTLYNN H. HUBBARD, IV, SBN 212970 DISABLED ADVOCACY GROUP, APLC 12 Williamsburg Lane Chico, Ca. 95926 Telephone: 530.895.3252 Facsimile: 530.894.8244 Attorney for Plaintiff A.J. Oliver UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA A.J. Oliver, Plaintiff, vs. RALPH'S GROCERY COMPANY dba FOOD 4 LESS #780; CYPRESS CREEK CO., LP dba PTC INVESTMENTS COMPANY, Defendants. JOINT EARLY NEUTRAL EVALUATION STATEMENT DATE: March 6, 2008 TIME: 9:30 a.m. JUDGE: Mag. Louisa S. Porter CASE NO. 07 CV 2301 JLS POR

Joint ENE Statement
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Case No. 07 CV-2301 JLS POR

Case 3:07-cv-02301-JLS-POR

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Plaintiff A.J. Oliver and Defendant Ralphs Grocery Company ("Ralphs") submit this Joint Early

2 Neutral Evaluation Statement pursuant to the Court's order dated January 17, 2008. 3 4 5 Vista. 6 7 2. Property Issues. 1. Meet-and-Confer.

The required meet-and-confer was held on January 31 at Food For Less, Store # 780 in Chula

Ralphs leases Store #780 from Defendant Cypress Creek Co. ("Cypress"). Ralphs leases only

8 the area comprising the building and the immediate area around it. Pursuant to the lease, the parking lot 9 is a common area and is owned and controlled by Cypress. Cypress was served on February 20, 2008 10 and its answer is due March 14, 2008. Many of the alleged access barriers within the store have already 11 been modified or are easily modified. 12 13 14 15 16 17 18 19 20 in full. 21 22 DATED: February 27, 2008 23 24 25 26 27 28 1 Joint ENE Statement
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3.

Plaintiff's Damages.

Plaintiff alleges damages in the amount of $8,000. 4. Plaintiff's Counsel's Attorney's Fees.

Plaintiff's Counsel claims $7,850.47 in fees and costs to date. 5. Plaintiff's Demand.

Plaintiff has demanded $15,600 to settle this case in its entirety. 6. Ralph's Offer.

Ralphs is prepared to offer $1,500, plus negotiated modifications to the store, to settle this matter

GREENBERG TRAURIG, LLP

By /s/ Michael J. Chilleen Attorney for Defendant Ralphs Grocery Company, DBA Food 4 Less # 780

Case No. 07 CV-2301 JLS POR

Case 3:07-cv-02301-JLS-POR

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1 DATED: February 27, 2008 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

LAW OFFICES OF LYNN HUBBARD

By /s/ Lynn Hubbard, III Attorney for Plaintiff

2 Joint ENE Statement
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Case No. 07 CV-2301 JLS POR

Case 3:07-cv-02301-JLS-POR

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PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE

I am employed in the aforesaid county, State of California; I am over the age of 18 years and not 3 a party to the within action; my business address is 3161 Michelson Drive, Suite 1000, Irvine, California 92612. 4 On the below date, I served: JOINT EARLY NEUTRAL EVALUATION STATEMENT 5 with the Clerk of the United States District Court for the Southern District of California, using the CM/ECF System. The Court's CM/ECF System will send an email notification of the foregoing filing 6 to the following parties and counsel of record who are registered with the Court's CM/ECF System: 7 Lynn Hubbard, III Law Offices of Lynn Hubbard 8 12 Williamsburg Lane Chico, CA 95926 9 Telephone: (530) 895-3252 Fax: (530) 894-8244 10 Attorney for Plaintiff, A.J. Oliver 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Joint ENE Statement
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(BY ELECTRONIC SERVICE VIA CM/ECF SYSTEM) In accordance with the electronic filing procedures of this Court, service has been effected on the aforesaid party(s) above, whose counsel of record is a registered participant of CM/ECF, via electronic service through the CM/ECF system. (FEDERAL) I declare under penalty of perjury that the foregoing is true and correct, and that I am employed at the office of a member of the bar of this Court and at whose direction the service was made. Executed on February 27, 2008, at Irvine, California. /s/ Michael Chilleen Signature

Case No. 07 CV-2301 JLS POR