Timothy Cleveland v. Charter Communications Holding Company, LLC et al
| Tiimothy Cleveland |
| Charter Communications Holding Company, LLC, Marcus Cable Associates, LLC and DOES 1-10, Inclusive |
| 2:2008cv01324 |
| February 22, 2008 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Jacqueline Chooljian |
| Valerie Baker Fairbank |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 Americans With Disabilities Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 3, 2009. A more recent docket listing may be available from PACER.
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| Filing 33 MINUTES ORDER TO SHOW CAUSE RE DISMISSAL IN LIGHT OF SETTLEMENT before Judge Valerie Baker Fairbank: Case called, and no appearances are made on behalf of either party. Nor have any opposition papers been filed by either of the parties in response to the Court's Order to Show Cause. For the reasons stated on the record, the Court DISMISSES the case pursuant to the Notice of Settlement filed by Plaintiffs counsel on 2/12/2009 #30 . (Made JS-6. Case Terminated.) Court Reporter: Katie Thibodeaux. (jp) |
| Filing 32 MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank. The Court has received the letter #30 filed by Plaintiffs counsel, which requests that the Court vacate the February 23, 2009 Pretrial Conference date. The Court vacates that date on the condition that counsel promptly file a proper Notice of Settlement. The March 3, 2009 trial date remains on calendar. If a stipulated dismissal is filed prior to March 3, 2009, the matter will be taken off calendar and the parties need not appear. If no stipulated dismissal is filed prior to March 3, 2009, the parties should appear on March 3, 2009 at 8:30 a.m. and show cause why the matter should not be dismissed in light of settlement. (kbr) |
| Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Improper communication with the judge RE: Errata #30 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (kbr) |
| Filing 30 NOTICE OF ERRATA filed by Plaintiff Tiimothy Cleveland. correcting Complaint - (Discovery), Complaint - (Discovery) #1 LETTER FROM PAUL L. REIN REGARDING SETTLEMENT OF CASE (Rein, Paul) |
| Filing 29 NOTICE of Change of Attorney Information for attorney David H Stern counsel for Defendants Charter Communications Holding Company, LLC, Marcus Cable Associates, LLC. David H. Stern will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.David H. Stern is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendants Charter and Marcus (Stern, David) |
Filing 28
ORDER by Judge Valerie Baker Fairbank, re Stipulation for Extension of Time to Disclose Expert Witnesses #27 , and for good cause shown, that the Parties shall disclose expert witnesses and otherwise comply with the requirements of the scheduling order regarding the disclosure of expert witnesses on or before 12/17/2008. (jp)
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| Filing 27 Joint STIPULATION for Extension of Time to File Stipulation Extending Time to Disclose Expert Witness filed by plaintiff Tiimothy Cleveland. (Attachments: #1 Proposed Order)(Ostil, Julie) |
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Filing 26
STIPULATION AND ORDER by Judge Valerie Baker Fairbank: Discovery cut-off continued to 12/11/2008. (se)
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| Filing 25 DECLARATION of Paul L. Rein Apology of Paul L. Rein to Court and Counsel Regarding Non-Appearance on July 7, 2008 filed by Plaintiff Tiimothy Cleveland. (Rein, Paul) |
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Filing 24
ORDER by Judge Valerie Baker Fairbank Granting the NOTICE AND REQUEST of Settlement Procedure Selection (Sp1) to Appear Before Magistrate Judge Jacqueline Chooljian for settlement proceedings #20 . (jp)
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| Filing 23 SCHEDULING AND CASE MANAGEMENT ORDER FOR CASES ASSIGNED TO Judge Valerie Baker Fairbank: This case has been assigned to the calendar of Judge Valerie Baker Fairbank. This Order is to advise the parties and counsel of the schedule that will govern this action. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES: Jury Trial set for 3/3/2009 at 08:30 AM. Final Pretrial Conference and Motion in Limine set for 4/23/2009 at 02:30 PM. Motions Cut-off due by 1/9/2009. Non-expert Discovery Cut-off 11/11/2008; Expert Discovery cut-off 12/8/2008; Settlement conference to be held no later than 12/01/2008. (jp) |
| Filing 22 MINUTES OF Scheduling Conference held before Judge Valerie Baker Fairbank: No appearance by Plaintiffs counsel. The case is placed on second call. The case is recalled. There is still no appearance by Plaintiff's counsel. The court sets the following dates: Trial is March 3, 2009 at 8:30 am. The Final Pretrial Conference is February 23, 2009 at 2:30 pm. The Motion Filing Cutoff is January 9, 2009. The Nonexpert Discovery Cutoff is November 11, 2008. The Expert Discovery Cutoff is December 8, 2008. The parties or those with authority to settle on behalf of the parties are ordered to participate in a Settlement Conference or Mediation by December 1, 2008. Court Reporter: Katie Thibodeaux. (jp) |
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Filing 21
ORDER by Judge Valerie Baker Fairbank Granting APPLICATION OF NON-RESIDENT ATTORNEY M. Quinn Murphy for Leave to Appear Pro Hac Vice #11 to appear on behalf of Defendants Charter Communications Holding Company, LLC, Marcus Cable Associates, LLC. Donald E. Chomiak is designated as local counsel. Fee PAID. (se)
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| Filing 20 NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request Filed by Plaintiff Tiimothy Cleveland.(Ostil, Julie) |
| Filing 19 STATEMENT Letter from Paul Rein filed by Plaintiff Tiimothy Cleveland Letter Apologizing for Late Filing of Joint Rule 26(f) Report (Rein, Paul) |
| Filing 18 JOINT REPORT Rule 26(f) Discovery Plan Joint Rule 26(f) Report ; estimated length of trial 3-5 days, filed by Plaintiff Tiimothy Cleveland.. (Rein, Paul) |
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Filing 17
ORDER by Judge Valerie Baker Fairbank Granting APPLICATION OF NON-RESIDENT ATTORNEY Michael M. Godsy for Leave to Appear Pro Hac Vice on behalf of Defendants Charter Communications Holding Company, LLC, Marcus Cable Associates, LLC. Donald E. Chomiak is designated as local counsel (Fee PAID) #12 . (jp)
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| Filing 16 NOTICE OF TELEPHONIC APPEARANCE filed by defendants Charter Communications Holding Company, LLC, Marcus Cable Associates, LLC. (Chomiak, Donald) |
| Filing 15 MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER. Counsel are hereby notified that a Scheduling Conference has been set for 7/7/2008 at 8:30 AM. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26(f) of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Rule 26(f) Report and an ADR Pilot Program Questionnaire on or before 6/23/2008. The Court requests that a conformed courtesy copy of the report be delivered to chambers by 12:00 p.m. the following day. If counsel fail to file the required Joint Rule 26(f) Report and a Notice of Settlement Procedure Selection form or fail to appear at the Scheduling Conference and such failure is not otherwise satisfactorily explained to the Court, the Court may take such action as it deems appropriate, such as monetary sanctions, or ultimately, dismissal or default. (jp) |
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Filing 14
STANDING ORDER by Judge Valerie Baker Fairbank: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND ADDS TO THE LOCAL RULES. COUNSEL FOR PLAINTIFF SHALL IMMEDIATELY SERVE THIS ORDER ON ALL PARTIES, INCLUDING ANY NEW PARTIES TO THE ACTION. IF THIS CASE WAS REMOVED FROM STATE COURT, THE DEFENDANT WHO REMOVED THE CASE SHALL SERVE THIS ORDER ON ALL OTHER PARTIES; Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages (see document for further details.) (jp)
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Filing 13
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 07.02 by Judge Percy Anderson. Case transferred to the calendar of Judge Valerie Baker Fairbank for all further proceedings. Case number now reads as CV 08-1324 VBF (JCx). (rn)
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| Filing 12 APPLICATION OF NON-RESIDENT ATTORNEY Michael M. Godsy for Leave to Appear Pro Hac Vice. FEE NOT PAID. filed by defendants Charter Communications Holding Company, LLC, Marcus Cable Associates, LLC. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Chomiak, Donald) |
| Filing 11 APPLICATION OF NON-RESIDENT ATTORNEY M. Quinn Murphy for Leave to Appear Pro Hac Vice. FEE NOT PAID. filed by defendants Charter Communications Holding Company, LLC, Marcus Cable Associates, LLC. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Chomiak, Donald) |
| Filing 10 Certificate of Interested Parties filed by Defendants Charter Communications Holding Company, LLC, Marcus Cable Associates, LLC. (Chomiak, Donald) |
| Filing 9 ANSWER filed by defendants Charter Communications Holding Company, LLC, Marcus Cable Associates, LLC.(Chomiak, Donald) |
| Filing 8 FIRST STIPULATION Extending Time to Answer the complaint as to Charter Communications Holding Company, LLC answer now due 4/28/2008; Marcus Cable Associates, LLC answer now due 4/28/2008, filed by defendants Charter Communications Holding Company, LLC; Marcus Cable Associates, LLC.(Chomiak, Donald) |
| Filing 7 Certification of Interested Entities or Persons of Interested Parties filed by Plaintiff Tiimothy Cleveland. (Rein, Paul) |
| Filing 6 PROOF OF SERVICE Executed by Plaintiff Tiimothy Cleveland, upon Marcus Cable Associates, LLC served on 3/7/2008, answer due 3/27/2008. The Summons and Complaint were served by Personal service, by Federal statute, upon Becky DeGeorge, Agent for Service. Due Dilligence declaration None. Original Summons Not returned. (Ostil, Julie) |
| Filing 5 PROOF OF SERVICE Executed by Plaintiff Tiimothy Cleveland, upon Charter Communications Holding Company, LLC served on 3/7/2008, answer due 3/27/2008. The Summons and Complaint were served by Personal service, by Federal statute, upon Becky DeGeorge, Agent for Service. Due Dilligence declaration None. Original Summons Not returned. (Ostil, Julie) |
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Filing 4
STANDING ORDER by Judge Percy Anderson: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for further details). (mmu)
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| Filing 3 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (et) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Tiimothy Cleveland. (et) Additional attachment(s) added on 3/19/2008 (lra, ). |
| Filing 1 COMPLAINT against Defendants Charter Communications Holding Company, LLC, Marcus Cable Associates, LLC, DOES 1-10, Inclusive. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Tiimothy Cleveland. (et) Additional attachment(s) added on 3/6/2008 (hha, ). |
| 20 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Charter Communications Holding Company, LLC, Marcus Cable Associates, LLC, DOES 1-10, Inclusive. (et) |
| FAX number for Attorney Julie A Ostil, Paul L Rein is 510-823-4787. (et) |
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