Gastelum v. Day & Sam Incorporated
| Fernando Gastelum |
| Day & Sam Incorporated |
| 2:2017cv04728 |
| December 21, 2017 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Pinal |
| Diane J Humetewa |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 30, 2018. A more recent docket listing may be available from PACER.
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Filing 22
ORDER denying as moot Plaintiff's #21 Motion to Stay. This case shall remain closed. Signed by Judge Diane J Humetewa on 10/30/18. (CLB)
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| Filing 21 MOTION to Stay Notice of Suspension by Fernando Gastelum. (Attachments: #1 Exhibit 1)(Strojnik, Peter) |
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Filing 20
ORDER this proceeding is STAYED pending the appeal in Gastelum v. Canyon Hospitality LLC, CV-17-02792-PHX-GMS. IT IS FURTHER ORDERED the #17 Motion for Attorney Fees is DENIED without prejudice. Signed by Judge Diane J Humetewa on 6/14/2018. (LFIG)
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| Filing 19 REPLY to Response to Motion re: #17 MOTION for Attorney Fees PLAINTIFFS APPLICATION FOR FEES, COSTS AND EXPENSES filed by Fernando Gastelum. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Strojnik, Peter) |
| Filing 18 RESPONSE in Opposition re: #17 MOTION for Attorney Fees PLAINTIFFS APPLICATION FOR FEES, COSTS AND EXPENSES "Defendant's Response in Opposition to Plaintiff's Application for Fees, Costs and Expenses" filed by Day & Sam Incorporated. (Attachments: #1 Exhibit Exhibits "A" through "H")(Leavitt, Lindsay) |
| Filing 17 MOTION for Attorney Fees PLAINTIFFS APPLICATION FOR FEES, COSTS AND EXPENSES by Fernando Gastelum. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Strojnik, Peter) |
| Filing 16 CLERK'S JUDGMENT - Pursuant to Plaintiff having accepted Defendant's offer of judgment, judgment is hereby entered against Defendant Day & Sam Incorporated as follows: 1. Defendant will (within 60 days) identify and describe on its website accessible features found in each of the following areas of the hotel: (1) Parking and Loading Zone; (2) Exterior Routes; (3) Building Entrances and Lobby; (4) Interior Routes; (5) Public/Common Use Restrooms; (6) Accessible Guestrooms and Suites; (7) Accessible Guestroom Bathrooms; and (8) Pool/Spa area. 2. Defendant will (within 60 days) communicate the above referenced accessible features to all third party booking agents who facilitate online or telephonic reservations for Defendant's hotel. Defendant shall provide Plaintiff with a copy of this communication. 3. Defendant will (within 60 days) modify its policies, practices and procedures to ensure that individuals who require mobility and/or ambulatory assistance can make reservations for accessible guest rooms during the same hours and in the same manner as individuals who do not require mobility and/or ambulatory assistance Defendant shall provide Plaintiff with a copy of the modified policies, practices and procedures referenced herein. 4. Defendant shall (within 90 days) identify mobility accessibility features at its hotel that do not comply with the 2010 Standards of Accessibility Design and shall, within 12 months, remove barriers to mobility accessibility to the extent that such removal is readily achievable. This matter is hereby terminated. (SLQ) |
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Filing 15
ORDER the Rule 16 Scheduling Conference set for April 5, 2018 is VACATED. IT IS FURTHER ORDERED the #12 Motion for Partial Judgment on the Pleadings is DENIED AS MOOT. Signed by Judge Diane J Humetewa on 3/12/2018. (LFIG)
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| Filing 14 NOTICE of Acceptance with Offer of Judgment by Day & Sam Incorporated . (Attachments: #1 Exhibit Exhibit "A")(Leavitt, Lindsay) |
| Filing 13 NOTICE re: "Notice of Service of Defendant's Offer of Judgment" by Day & Sam Incorporated . (Leavitt, Lindsay) |
| Filing 12 MOTION for Judgment on the Pleadings MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS by Fernando Gastelum. (Attachments: #1 Text of Proposed Order)(Strojnik, Peter) |
| Filing 11 Corporate Disclosure Statement by Day & Sam Incorporated. (Leavitt, Lindsay) |
| Filing 10 ANSWER to #1 Complaint by Day & Sam Incorporated.(Leavitt, Lindsay) |
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Filing 9
ORDER setting a Rule 16 Scheduling Conference for 4/5/2018 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. ORDERED that Plaintiff shall serve a copy of this order upon Defendant and file notice of service. Signed by Judge Diane J Humetewa on 1/30/2018. (See Order for details.) (LFIG)
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| Filing 8 SERVICE EXECUTED filed by Fernando Gastelum: Affidavit of Service re: Summons, Verified Complaint, Plaintiffs Initial Mandatory Disclosure, Notice to Parties Mandatory Initial Discovery Pilot Project, Notice of Availability Of a US Magistrate Judge to Exercise Jurisdiction, Discovery Request Number One, Order upon Arizona Corporation Commission on 1/10/2018. (Strojnik, Peter) |
| Filing 7 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Fernando Gastelum. (Strojnik, Peter) |
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Filing 6
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Diane J Humetewa on 12/21/17. (LSP)
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| Filing 5 Summons Issued as to Day & Sam Incorporated. (TCA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (TCA) |
| Filing 3 Filing fee paid, receipt number 0970-14989299. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-17-4728-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (TCA) |
| Filing 2 SUMMONS Submitted by Fernando Gastelum.(Submitted by Peter Strojnik) (TCA) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-14989299 filed by Fernando Gastelum.(Submitted by Peter Strojnik) (Attachments: #1 Civil Cover Sheet)(TCA) |
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| Defendant: Day & Sam Incorporated | |
| Represented By: | Lindsay G Leavitt |
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| Plaintiff: Fernando Gastelum | |
| Represented By: | Peter Strojnik |
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