Free Notice of Related Case - District Court of California - California

Case 3:08-cv-00886-IEG-RBB

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SAN DIEGO UNIFIED PORT DISTRICT DUANE E. BENNETT, ESQ. (SBN 110202) PORT ATTORNEY ELLEN GROSS MILES, ESQ.(SBN 149127) DEPUTY PORT ATTORNEY WILLIAM D. MCMINN,ESQ. (211002) DEPUTY PORT ATTORNEY 3165 Pacific Highway P.O. Box 120488 San Diego, CA 92112-0488 Phone: (619) 686-6219 Fax: (619) 686-6444 Attorneys for Defendant SAN DIEGO UNIFIED PORT DISTRICT

UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant, SAN DIEGO UNIFIED PORT DISTRICT (District) respectfully submits this Notice of Related Cases, pursuant to United States District Court, Southern District, Local Rule 40.1e. (Rule 40.1e.), herein as set forth below. Rule 40.1e. states that whenever counsel has reason to believe that a pending action or proceeding on file or about to be filed is related to another pending action or proceeding on file in this or any other federal or state court (whether pending, dismissed, or otherwise terminated), counsel shall promptly file and serve on all known parties to each related action or proceeding a notice of related case, stating the title, number and filing date of each action JOHN GALLAGHER, ) ) ) Plaintiff, ) vs. ) ) SAN DIEGO UNIFIED PORT DISTRICT, ) CITY OF CORONADO, AND DOES 1 ) through 20, inclusive, ) ) Defendants. ) ) ) ) ) Case No. 08-CV-0886 IEG (RBB)

NOTICE OF RELATED CASES [UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT, LOCAL RULE 40.1 e]

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Case 3:08-cv-00886-IEG-RBB

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or proceeding believed to be related, together with a brief statement of their relationship and the reason why assignment to a single district judge is or is not likely to effect a saving of judicial effort and other economies. The clerk will promptly notify the court of such filing. This is a continuing duty that applies not only when counsel files a case with knowledge of a related action or proceeding but also applies after the date of filing whenever counsel learns of a related action or proceeding. The District has reason to believe that the above captioned pending action John Gallagher v. San Diego Unified Port District, City of Coronado, and Does 1 through 20, filed with this Court on July 11, 2008, as United States District Court Case NO. 08 CV 0886 IEG (RBB), is related to another action also initiated by plaintiff Gallagher, namely John Gallagher v. San Diego Unified Port District and Does 1 through 20, Inclusive, filed with this Court in or about April, 1998, as United States District Court Case No. 98 CV 0615 J (JAH) and terminated in part by settlement agreement filed with the District Clerk on August 8, 2000 with respect to plaintiff's claims regarding equal access to the District's programs and facilities, with final judgment entered on December 29, 2000, which resolved plaintiff's anchoring claim. These actions are interrelated because they involve the same plaintiff, same defendant, and issues concerning the District's reasonable accommodation of boaters in its free long term anchorage, known as the A-8 Anchorage, the District's creation of the A-9 Disabled Anchorage for boaters unable to use the A-8 Anchorage due to disability, and the interpretation of Unified Port District (UPD) code sections pertaining to anchoring in San Diego Bay. Further, the District has reason to believe that the above-captioned pending action is also related to another proceeding on file in this Court, namely, Daniel Renard v. San Diego Unified Port District, and Board of Commissioners, and as Individuals Robert J. (Rocky) Spane, and Sylvia C. Rios, and Michael B. Bixler, and Stephen P. Cushman, and Mike Najera, and Robert "Dukie" Valderrama, and Bruce B. Hollingsworth, San Diego Harbor Police, and as Individuals Kirk M. Sanfilippo, and Kim Fives, and Officer Miles, Bay Control Officer Sgt. Micsclhtllis, Officer Tosada, Sgt. Leeson, San Diego Unified Port District,

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Individually, and Does 1 though 10, Inclusive and individually, filed with this Court on December 6, 2006, as United States District Court Case No. 06 CV 2665 H (BLM), which is currently on appeal before the Ninth Circuit Court of Appeals. This case is related because it arose from substantially identical transactions, happenings or events in that both plaintiff Gallagher and the Renard plaintiff alleged violations of the Americans with Disabilities Act (ADA) based upon the District's elimination of free long term anchoring in the A-8 and A-9 Disabled Anchorages. As set forth in United States District Court, Southern District, Local Rule 40.1(f), an action or proceeding is related to another action or proceeding where both of them: 1. Involve some of the same parties and are based on the same or similar claims, or; 2. 3. Involve the same property, transaction, or event, or; Involve substantially the same facts and the same questions of law.

Here, Gallagher's new case and his old case clearly involve all of the same parties and are based on similar claims. Both the new Gallagher case as well as the Renard case allege that the District violated the ADA based upon the elimination of free and long-term anchoring in the A-8 and A-9 Disabled Anchorages. Although plaintiff Gallagher's earlier case involved what would constitute a reasonable accommodation for disabled boaters on San Diego Bay and interpretation of the District's third offer of judgment, the Renard case, which is pending on appeal, directly ruled on the claims in Gallagher's current case; i.e., that the District's elimination of free long-term anchoring in the A-8 and A-9 Disabled Anchorages violates his rights under the ADA and its California counterparts. Consequently, the District respectfully requests that the above-captioned case, Gallagher v. San Diego Unified Port District, be assigned to either the Honorable Senior Judge Napolean A. Jones, Jr., who presided over plaintiff Gallagher's earlier lawsuit (98 CV , 0615 J (JAH)) or to the Honorable Marilyn L. Huff, who presided over the Renard v. San /// ///

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Diego Unified Port District, et al. case (06 CV 2665 H (BLM)) which involves substantially similar claims to those alleged by plaintiff herein, in order to effect a saving of judicial effort and other economies.

RESPECTFULLY SUBMITTED, Dated: July 22, 2008 SAN DIEGO UNIFIED PORT DISTRICT DUANE E. BENNETT PORT ATTORNEY

By: s/Ellen Gross Miles ELLEN GROSS MILES, Deputy Port Attorney Attorney for Defendant SAN DIEGO UNIFIED PORT DISTRICT [email protected]

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Gallagher v. San Diego Unified Port District, et al. Case No. 08-CV-0886 IEG (RBB) CERTIFICATE OF SERVICE

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 By: s/Ellen Gross Miles E-mail: [email protected] Notice will be electronically mailed to: N/A Notice will be delivered by other means to: John Gallagher P.O. Box 712473 Santee, CA 92072 (619) 379-8279 (via first class mail) I declare under penalty of perjury that the foregoing is true and correct. Executed this 22nd day of July, 2008, at San Diego, California. The following document(s) are associated with this transaction: NOTICE OF RELATED CASES [UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT, LOCAL RULE 40.1e]

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