Johnson v. JKLM Properties, L.L.C.

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION SCOTT JOHNSON, 8 Case No. 5:20-cv-01078-EJD Plaintiff, 9 ORDER GRANTING DEFENDANTS’ Vv. ADMINISTRATIVE MOTION FOR 10 RELIEF FROM GENERAL ORDER 56 JKLM PROPERTIES, LLC, et al., 1] Re: Dkt. No. 15 Defendants.

13 Before the Court is Defendant JKLM Properties, LLC’s administrative motion for relief || from General Order No. 56. See Defendant’s Motion for Administrative Relief from General © 15 Order 56 (“Mot.”), Dkt. 15. Plaintiff opposes Defendant’s administrative motion. See Opposition, || MFAR (“Opp,”), Dkt. 16.

17 General Order 56 requires the parties “to engage in a structured process designed to || achieve early compliance with the ADA while minimizing the adversarial litigation process and || concomitant fees.” Cullen v. Netfix, Inc.,2011 WL 13177618, at *1 (N.D. Cal. May 24, 2011) || (quotation marks and citation omitted). The general order imposes an automatic stay on litigation 21 proceedings and only allows a party to file a Rule 12(b) motion, unless the assigned judge orders || otherwise. See N.D. Cal. General Order No. 56.

23 The Court respects the process established by General Order 56 to facilitate and expedite || the cure of ADA violations. However, Defendant argues that this Court lacks subject-matter || jurisdiction over the case and requests leave to file a motion for judgment on the pleadings based || onthe alleged lack of standing. See Mot. at 3. The threshold issue of standing should be resolved Case No.: 5:20-cv-01078-EJD || ORDER GRANTING DEFENDANTS’ ADMINISTRATIVE MOTION FOR RELIEF FROM GENERAL ORDER 56 as soon as possible. Thus, in the interests of judicial economy and efficiency. the Court GRANTS || Defendant’s administrative motion for relief from General Order 56. Defendant may file a motion || for judgment on the pleadings.

4 IT IS SO ORDERED.

5 Dated: June 16, 2020 EDWARD J. DAVILA 7 United States District Judge 1]

2B

(«17 18 Case No.: 5:20-cv-01078-EJD || ORDER GRANTING DEFENDANTS’ ADMINISTRATIVE MOTION FOR RELIEF FROM GENERAL ORDER 56