Yates v. Sweet Potato Enterprise, Inc. et al
Plaintiff: Craig Yates
Defendant: Sweet Potato Enterprise, Inc., Kuan L. Ng and Helen L. Ng
Case Number: 4:2011cv01950
Filed: April 21, 2011
Court: US District Court for the Northern District of California
Office: Oakland Office
County: Marin
Presiding Judge: Saundra Brown Armstrong
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 12101
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 21, 2017 Opinion or Order Filing 220 ORDER granting in part and denying in part 211 Motion. The court finds that the installation of the power door was readily achievable on March 8, 2011, awards $4,000 in damages for the March 8 visit, and denies the request for injunctiv e relief as moot. The court directs the parties to confer about a proposed form of judgment and to submit it within three business days. As discussed at the hearing, the parties must confer on a settlement process and submit their proposal within sev en days. The plaintiff must make a fees demand and provide the detail about fees discussed at the hearing. The fees motion is due 14 days after the settlement conference or mediation absent stipulation of the parties and further order of the court. To avoid losing track of the case, the court sets a case-management conference for November 16, 2017, at 11 a.m. (Beeler, Laurel) (Filed on 9/21/2017)
December 22, 2014 Opinion or Order Filing 177 ORDER limiting plaintiff's damages to $4000. The parties must confer and submit a proposed form of judgment by noon on December 24, 2014. This order also includes directions and deadlines for the parties on the plaintiff's motion for attorney's fees. (lblc1S, COURT STAFF) (Filed on 12/22/2014)
November 3, 2014 Opinion or Order Filing 166 FINDINGS OF FACT AND CONCLUSIONS OF LAW: For the reasons set forth in the attached findings of fact and conclusions of law, the court holds that Defendants are liable to Mr. Yates for statutory damages of $4,000 for at least the March 8, 20 11 visit and limits the universe for visits that potentially merit the award of statutory damages to the following: (1) calendar year 2011: March 8, April 12, May 13, and June 29; and (2) calendar year 2012: January 8, March 11, and May 14. Parties must meet and confer by November 7, 2014 to discuss settlement (given the analysis in the court's order). If the case does not settle, the briefing schedule on the issue of damages is as follows: (1) Plaintiffs seven-page brief on damages due o n November 14, 2014; and (2) Defendants optional three-page reply brief due on November 20, 2014. After the court considers the arguments, it will issue an order with its final damages award, direct the parties to submit a proposed form of judgment, and set a briefing schedule for Plaintiffs Motion for Fees and Costs. Signed by Magistrate Judge Laurel Beeler on 11/3/2014. (ls, COURT STAFF) (Filed on 11/3/2014)
October 4, 2014 Opinion or Order Filing 155 ORDER re 153 Granting Equipment Request of Sweet Potato Enterprise, Inc., Helen L. Ng, Kuan L. Ng (Beeler, Laurel) (Filed on 10/4/2014)
September 19, 2014 Opinion or Order Filing 150 FINAL PRETRIAL ORDER. Signed by Judge Beeler on 9/18/2014. (Beeler, Laurel) (Filed on 9/19/2014)
June 26, 2014 Opinion or Order Filing 128 AMENDED PRETRIAL ORDER: Bench Trial set for 10/6/2014 at 9:00 AM before Magistrate Judge Laurel Beeler. Pretrial Conference set for 9/18/2014 at 1:30 PM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Signed by Magistrate Judge Laurel Beeler on 6/26/2014. (ls, COURT STAFF) (Filed on 6/26/2014)
June 20, 2014 Opinion or Order Filing 125 ORDER for parties to confer with courtroom deputy Lashanda Scott to pick a trial date and submit a scheduling order that comports with the timelines in the attached order. The deadline is noon on Wednesday, June 25, 2014. (Beeler, Laurel) (Filed on 6/20/2014)
June 2, 2014 Opinion or Order Filing 121 ORDER GRANTING IN PART AND DENYING IN PART TO EXTEND DATES: The parties shall submit a schedule to finalize the settlement agreement by June 10, 2014, and for plaintiff to provide detailed billing statement by June 10, 2014, and for defendants to respond to it by June 17, 2014. The case management conference is still set for July 3, 2014 at 11:00 a.m. The parties shall file a joint case management statement by June 26, 2014. Signed by Magistrate Judge Laurel Beeler on 6/2/2014. (lsS, COURT STAFF) (Filed on 6/2/2014)
May 29, 2014 Opinion or Order Filing 119 MAY 29, 2014 SCHEDULING ORDER. The parties have notified the court that they have agreed to settle this action but still need additional time finalize a written settlement agreement and to negotiate any attorney's fees. See Plaintiff's Status Report, ECF No. 116; Defendants' Status Report, ECF No. 117. Given these circumstances, the court ORDERS the following: (1) the June 26, 2014 Pretrial Conference (and related pretrial paper deadlines) and July 8, 2014 trial are VACATED; (2) the parties SHALL finalize their written settlement agreement by June 5, 2014; (3) Plaintiff SHALL provide a detailed billing statement to Defendants by June 5, 2014; (4) Defendants SHALL respond to Plaintiff regarding the billing statement by J une 12, 2014; and (5) the June 5, 2014 case management conference is CONTINUED to July 3, 2014 and the parties SHALL file a joint case management conference statement by June 26, 2014. The joint case management conference statement SHALL discuss any remaining attorney's fees issues and whether the parties need to be referred to Judge Spero for a settlement conference to resolve them. Signed by Judge Laurel Beeler on 5/29/2014. (lblc2, COURT STAFF) (Filed on 5/29/2014)
April 21, 2014 Opinion or Order Filing 110 AMENDED PRETRIAL ORDER (BENCH TRIAL): The pretrial conference is scheduled for Thursday, April 24, 2014 at 1:30 p.m. The court moves the hearing to 11:00 a.m. Counsel did not submit the pretrial papers required for a bench trial. See ECF Nos. 109 (setting dates) and 95 (pretrial order with procedures). Under the circumstances, the court vacates the trial date currently set for May 6, 2014 and resets it for July 8, 2014. As the attached order reflects, the new dates are as follows: (1) April 24, 2014: meet-and-confer regarding the pretrial filings; (2) May 22, 2014: pretrial filings due; (3) May 29, 2014: oppositions due; (4) June 26, 2014 at 1:30 p.m.: pretrial conference; and (5) July 8, 2014 at 8:30 a.m.: trial. Signed by Magistrate Judge Laurel Beeler on 4/21/2014. (ls, COURT STAFF) (Filed on 4/21/2014)
October 21, 2013 Opinion or Order Filing 95 PRETRIAL ORDER: Given the parties' recent election of a bench trial, the court issues this order to replace the court's previously-issued pretrial order for jury trials. In particular, the procedures require submitting joint (and where disputed, separate) proposed findings of fact and conclusions of law. The court will discuss the scheduling issues at Thursday's case management conference. The other issue is that Defendants need to file their optional reply to their outstan ding motion in limine at ECF No. 75 by Tuesday, October 22, 2013, at noon. The court also asks defense counsel to consider whether his clients' presence at the case management conference on Thursday, October 24, 2013, at 11:00 a.m. might be he lpful. It would provide an opportunity for some context about what might be happening with the facility and also might prove productive given the case's current procedural posture. If Mr. Yates' health permits it (and it is fine if it does not), perhaps he could be available by telephone. Signed by Magistrate Judge Laurel Beeler on 10/21/2013. (ls, COURT STAFF) (Filed on 10/21/2013)
August 1, 2013 Opinion or Order Filing 67 ORDER by Judge ARMSTRONG granting 66 Stipulation (lrc, COURT STAFF) (Filed on 8/1/2013)
July 12, 2013 Opinion or Order Filing 59 ORDER by Judge ARMSTRONG granting in part and denying in part 41 Motion in Limine; granting in part and denying in part 45 Motion in Limine (lrc, COURT STAFF) (Filed on 7/12/2013)
July 10, 2013 Opinion or Order Filing 58 STIPULATION AND ORDER FOR FURTHER MANDATORY SETTLEMENT CONFERENCE: Re 57 STIPULATION WITH PROPOSED ORDER re 55 Case Management Conference - Further, Joint Stipulation and [proposed] Order for Further Mandatory Settlement Conference filed b y Sweet Potato Enterprise, Inc., Helen L. Ng, Craig Yates, Kuan L. Ng. Settlement Conference set for 7/15/2013 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. Parties to email (exchanged if possible, confidential to the extent necessary) a settlement update by Thursday, July 11, 2013, at 2:00 p.m. to the courts orders box at lbpo@cand.uscourts.gov. The update should contain only new information and not any regurgitation of previously-filed information. Plaintiff shall serve a demand on Defendant no later than this time (and should notify the court in the emailed update), and Defendant shall respond as soon as possible and in any event by Friday, July 12, 2013, at 4:00 p.m. Signed by Magistrate Judge Laurel Beeler on 7/10/2013. (ls, COURT STAFF) (Filed on 7/10/2013)
March 13, 2013 Opinion or Order Filing 54 STIPULATION AND ORDER re 44 STIPULATION WITH PROPOSED ORDER AND JOINT CERTIFICATION OF COUNSELS' MEET AND CONFER RE: MOTIONS IN LIMINE filed by Sweet Potato Enterprise, Inc., Helen L. Ng, Craig Yates, Kuan L. Ng. Signed by Judge ARMSTRONG on 3/13/13. (lrc, COURT STAFF) (Filed on 3/13/2013)
March 4, 2013 Opinion or Order Filing 51 ORDER, ORDER Cancelling Deadline Case Management Conference set for 3/13/2013 03:00 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 3/4/13. (lrc, COURT STAFF) (Filed on 3/4/2013)
February 20, 2013 Opinion or Order Filing 47 STIPULATION AND ORDER re 44 STIPULATION WITH PROPOSED ORDER AND JOINT CERTIFICATION OF COUNSELS' MEET AND CONFER RE: MOTIONS IN LIMINE filed by Sweet Potato Enterprise, Inc., Helen L. Ng, Craig Yates, Kuan L. Ng. Signed by Judge ARMSTRONG on 2/19/13. (lrc, COURT STAFF) (Filed on 2/20/2013)
February 15, 2013 Opinion or Order Filing 43 ORDER by Judge Saundra Brown Armstrong STRIKING 42 Motion in Limine. Plaintiff shall re-file his motions in limine by no later than 02/18/13. Defendants shall file their Opposition by no later than 02/22/13. Plaintiff's Reply due by 02/26/13. Plaintiff's Response to Order to Show Cause due by no later than 02/20/13. Signed by Judge Saundra Brown Armstrong, on 02/14/13 (jlm, COURT STAFF) (Filed on 2/15/2013) Modified on 2/15/2013 (jlm, COURT STAFF).
January 12, 2013 Opinion or Order Filing 23 ORDER for additional information to be submitted by Monday, 1/14 at 1:00 p.m. by email to the court's orders box at lbpo@cand.uscourts.gov (Beeler, Laurel) (Filed on 1/12/2013)
October 18, 2012 Opinion or Order Filing 22 ORDER DENYING 21 Stipulation filed by Sweet Potato Enterprise, Inc., Helen L. Ng, Craig Yates, Kuan L. Ng. Signed by Judge ARMSTRONG on 10/18/12. (lrc, COURT STAFF) (Filed on 10/18/2012)
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Plaintiff: Craig Yates
Represented By: Thomas E. Frankovich
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Defendant: Sweet Potato Enterprise, Inc.
Represented By: Tyler Mark Paetkau
Represented By: Olga Savage
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Defendant: Kuan L. Ng
Represented By: Tyler Mark Paetkau
Represented By: Olga Savage
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Defendant: Helen L. Ng
Represented By: Tyler Mark Paetkau
Represented By: Olga Savage
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