Chris Kohler v. Presidio International, Inc.
Plaintiff: Chris Kohler
Defendant: QS Retail, Inc., PHV Retail Stores, Inc., The Donna Kara Company Store, LLC, Phillips-Van Heusen Corp., Converse, Inc., Zumiez, Inc., Banana Republic, LLC, Barney's, Inc., Volcom Retail, Inc., Eddie Bauer, R.L. Fashions of Cabazon CA, LLC, Billabong Retail, Inc., Nike Retail Services, Inc., Cole Grant, Inc., Grace Holmes, Inc., Jockey International Global, Inc., Presidio International, Inc., Presidio International, Inc. doing business as Armani Exchange #215, Banana Republic, LLC doing business as Banana Republic Factory Store #1770, Billabong Retail, Inc. doing business as Billabong Outlet #203, Converse, Inc. doing business as Converse Outlet Store No. 33, The Donna Kara Company Store, LLC doing business as Donna Karan NY No. 108, Eddie Bauer a Delaware LLC doing business as Eddie Bauer Outlet #R162, PHV Retail Stores, Inc. doing business as Izod #791, Grace Holmes, Inc. doing business as J. Crew #00031, Jockey International Global, Inc. doing business as The Jockey Store #077, Cole Grant, Inc. doing business as Kenneth Cole #5026, Nike Retail Services, Inc. doing business as Nike Factory Store #0038, R.L. Fashions of Cabazon CA, LLC doing business as Polo Ralph Lauren Factory Store #65, QS Retail, Inc. doing business as Quicksilver Factory Store #0815, Phillips-Van Heusen Corp. doing business as Van Heusen #224, Volcom Retail, Inc. doing business as Volcom #0009 and Zumiez, Inc. doing business as Zumiez #188
Claimant: Bed Bath and Beyond
Alternative Dispute Resolution (Adr) Provider: John P Daniels
Case Number: 2:2010cv04680
Filed: June 24, 2010
Court: US District Court for the Central District of California
Presiding Judge: Philip S Gutierrez
Referring Judge: Patrick J Walsh
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on March 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 12, 2020 Filing 248 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #241 , CCA # 17-55274. The judgment of this Court, entered November 20, 2019, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum #245 AFFIRMED.] (mat)
January 10, 2020 Opinion or Order Filing 247 ORDER from Ninth Circuit Court of Appeals filed. CCA No. 17-55274. Appellant's Motion for Extension of Time to Petition for Rehearing and Rehearing En Banc, filed January 2, 2020, is GRANTED. Appellant shall have until January 15, 2020 to file any petition. (bm)
December 3, 2019 Opinion or Order Filing 246 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #241 filed by Chris Kohler. CCA No. 17-55274. The Motion for Extension of Time to Petition for Rehearing and Rehearing En Banc, filed December 2, 2019, is GRANTED. Plaintiff-Appellant shall have until January 3, 2020, to file any petition. (bm)
November 20, 2019 Filing 245 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #241 filed by Chris Kohler. CCA No. 17-55274. AFFIRMED. (bm)
March 16, 2017 Filing 244 NOTICE OF RETURN OF EXHIBITS. TO ALL PARTIES/COUNSEL OF RECORD: You are hereby notified to arrange pick up of trial exhibits not later than 30 days from the date of this notice. Exhibits not retrieved will be classified as abandoned and will be destroyed. Exhibit consist of Defendant's trial binder. (dmi)
March 2, 2017 Filing 243 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-55274 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #241 as to Plaintiff Chris Kohler. (mat)
March 1, 2017 Opinion or Order Filing 242 ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Motion To Strike Plaintiff's Reply #238 , for the following reasons: Hearing information is missing, incorrect, or not timely. Other: The hearing date selected is closed for NEW motions. See Calendars >Motion Calendar> Select range: TODAY -JUNE 2017 and enter Judge's name (bm)
March 1, 2017 Filing 241 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Chris Kohler. Appeal of Order on Motion for Attorney Fees,,,, Order on Motion to Strike,,, #240 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-19439082.) (Attachments: #1 Civil Appeals Docketing Statement)(Hubbard, Scottlynn)
February 28, 2017 Opinion or Order Filing 240 MINUTES(In Chambers): Order GRANTING IN PART and DENYING IN PART Plaintiff's Motion for Attorney Fees, Costs, and Litigation Expenses #234 by Judge Philip S. Gutierrez. Defendant Eddie Bauer LLC filed a motion to strike Plaintiff's Reply #238 . Having read and considered the motion, the Court DENIES it. For the foregoing reasons, the Court GRANTS IN PART and DENIES IN PART Plaintiff's motion for attorney fees, costs, and expenses. Although Plaintiff was the prevailing party in this case, Plaintiff's limited success entitles Plaintiff's counsel to an attorneys' fees award of $59,298.25, and costs and expenses in the amount of $4,161.81. The total award is thus $63,460.06. IT IS SO ORDERED. (lom)
February 28, 2017 Filing 239 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Strike #238 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below: Motion is noticed for a hearing date that is closed on the court's calendar. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
February 27, 2017 Filing 238 DOCUMENT STRICKEN PURSUANT TO COURT ORDER DATED 3/1/17, DOCUMENT #242 . NOTICE OF MOTION AND MOTION to Strike Plaintiff's Reply Brief as Untimely and Improperly Raising New Arguments and Evidence or, Alternatively, an Order Granting Leave to File a Sur-Reply and Rebuttal Declarations Reply (Motion related), #237 filed by Defendant Eddie Bauer. Motion set for hearing on 3/6/2017 at 01:30 PM before Judge Philip S. Gutierrez. (Meer, Jonathan) Modified on 3/2/2017 (bm).
February 21, 2017 Filing 237 REPLY support NOTICE OF MOTION AND MOTION for Attorney Fees #234 filed by Plaintiff Chris Kohler. (Attachments: #1 Declaration of K. Schukei, #2 Exhibit A - Screen-prints of TimeSlips, #3 Exhibit B- Correspondence with opposing counsel, #4 Exhibit C- Rule 28(j) letter to Ninth Circuit Court of Appeals, #5 Declaration Request to Modify Standing Order and Proposed Order)(Hubbard, Scottlynn)
February 13, 2017 Filing 236 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Attorney Fees #234 filed by Defendant Eddie Bauer. (Attachments: #1 Declaration of Myra B. Villamor in Support, #2 Request for Judicial Notice)(Meer, Jonathan)
February 1, 2017 Filing 235 DECLARATION of Barrett S. Litt in Support of NOTICE OF MOTION AND MOTION for Attorney Fees #234 filed by Plaintiff Chris Kohler. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hubbard, Scottlynn)
January 4, 2017 Filing 234 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiff Chris Kohler. Motion set for hearing on 3/6/2017 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Scottlynn J Hubbard, #3 Exhibit 1 to Declaration of Scottlynn J Hubbard, #4 Exhibit 2 to Declaration of Scottlynn J Hubbard, #5 Exhibit 3 to Declaration of Scottlynn J Hubbard, #6 Declaration of John D. O'Connor) (Hubbard, Scottlynn)
January 3, 2017 Opinion or Order Filing 233 ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Memorandum of P/A #231 , for the following reasons: Hearing information is missing, incorrect, or not timely. Other: Actual Motion missing. Two documents titled Memorandum filed instead. (bm)
December 29, 2016 Filing 232 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum of Points and Authorities in Support of Motion #231 . The following error(s) was found: Other error(s) with document(s) are specified below: Caption of attached document does not match docket entry text. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
December 27, 2016 Filing 231 DOCUMENT STRICKEN PURSUANT TO COURT ORDER DATED 1/3/17, DOCUMENT #233 . NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiff Chris Kohler. Motion set for hearing on 3/6/2017 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Scottlynn J Hubbard, #3 Exhibit 1 to Declartation of Scottlynn J Hubbard, #4 Exhibit 2 to Declartation of Scottlynn J Hubbard, #5 Exhibit 3 to Declartation of Scottlynn J Hubbard, #6 Declaration of John D. O'Connor) (Hubbard, Scottlynn) Modified on 1/3/2017 (bm).
December 21, 2016 Filing 230 NOTICE of Unavailability filed by Defendant Eddie Bauer. (Villamor, Myra)
May 10, 2016 Filing 229 MINUTES OF COURT TRIAL held before Judge Philip S. Gutierrez: Having been advised that the parties have settled the case and no appearances made today, the Court dismisses the case and retains jurisdiction to enforce the settlement. (Made JS-6. Case Terminated.) Court Reporter: Marea Woolrich. (bm)
May 6, 2016 Filing 228 NOTICE of Settlement filed by plaintiff Chris Kohler. (Hubbard, Scottlynn)
May 5, 2016 Filing 227 NOTICE of Appearance filed by attorney Khushpreet R Mehton on behalf of Plaintiff Chris Kohler (Attorney Khushpreet R Mehton added to party Chris Kohler(pty:pla))(Mehton, Khushpreet)
May 3, 2016 Opinion or Order Filing 226 ORDER re Joint Stipulation to Use Electronic Equipment at Trial by Judge Philip S. Gutierrez, re Stipulation #225 : DENIED BY ORDER OF THE COURT. (bm)
May 2, 2016 Filing 225 Joint STIPULATION for Order Allowing Use of Electronic Equipment at Trial filed by Defendant Eddie Bauer. (Attachments: #1 Proposed Order)(Villamor, Myra)
April 26, 2016 Filing 224 MEMORANDUM of CONTENTIONS of FACT and LAW filed by DEFENDANT Eddie Bauer. (Meer, Jonathan)
April 26, 2016 Filing 223 TRIAL BRIEF filed by Defendant Eddie Bauer.. (Meer, Jonathan)
April 26, 2016 Filing 222 NOTICE OF LODGING filed re Pretrial-Trial Scheduling Order - form only #200 (Attachments: #1 Findings of Proposed Fact and Contentions of Law)(Hubbard, Scottlynn)
April 26, 2016 Filing 221 TRIAL BRIEF filed by Plaintiff Chris Kohler.. (Hubbard, Scottlynn)
April 26, 2016 Filing 220 JOINT Exhibit List filed by Plaintiff Chris Kohler.. (Hubbard, Scottlynn)
April 26, 2016 Filing 219 Witness List filed by Plaintiff Chris Kohler.. (Hubbard, Scottlynn)
April 26, 2016 Filing 218 TRANSCRIPT ORDER as to Defendant Eddie Bauer for Court Reporter. Court will contact Myra B. Villamor at mvillamor@seyfarth.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Villamor, Myra)
April 19, 2016 Opinion or Order Filing 216 MINUTES (IN CHAMBERS) Order DENYING Plaintiff's motion for summary judgment and GRANTING IN PART and DENYING IN PART Defendant's motion for summary judgment by Judge Philip S. Gutierrez granting in part and denying in part #205 for Summary Judgment; denying #206 for Summary Judgment: The Court therefore DENIES Plaintiff's motion for summary judgment and GRANTS IN PART and DENIES IN PART Defendant's motion. Summary judgment is GRANTED in Defendant's favor on the ADA and denial of full and equal access to public facilities claims, and DENIED on the Unruh Act and DPA claims. (see document for further details) (bm)
April 18, 2016 Filing 217 MINUTES OF MOTION FOR SUMMARY JUDGMENT [DOCUMENT 206]; MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT [DOCUMENT 205] Hearing held before Judge Philip S. Gutierrez: Case called. Counsel makes appearances. Court and counsel discuss issues raised in the above motions. The Court having heard from counsel, deems the matter hereby submitted. Court Reporter: Marea Woolrich. (bm)
April 15, 2016 Filing 215 MEMORANDUM in Opposition to MOTION IN LIMINE (1) to Exclude Prior Litigation #209 filed by Defendant Eddie Bauer. (Meer, Jonathan)
April 14, 2016 Filing 214 NOTICE OF NON-OPPOSITION to MOTION IN LIMINE (#1) to Exclude Evidence of and Reference to Any Alleged Barriers Not Identified in Plaintiff's First Amended Complaint #208 filed by Plaintiff Chris Kohler. (Hubbard, Scottlynn)
April 14, 2016 Filing 213 NOTICE of Appearance filed by attorney Stephanie Lilian Ross on behalf of Plaintiff Chris Kohler (Attorney Stephanie Lilian Ross added to party Chris Kohler(pty:pla))(Ross, Stephanie)
April 4, 2016 Filing 212 REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to the Entire Action or, Alternatively, Partial Summary Judgment as to Each Cause of Action #205 filed by Defendant Eddie Bauer. (Attachments: #1 Declaration of Myra B. Villamor in Support)(Meer, Jonathan)
March 28, 2016 Filing 211 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #206 filed by Defendant Eddie Bauer. (Attachments: #1 Statement of Genuine Issues and Response to Plaintiff's Statement of Uncontroverted Facts in Support of Plaintiff's Motion for Summary Judgment, #2 Evidentiary Objections to Expert Reports Submitted by Plaintiff in Support of Plaintiff's Motion for Summary Judgment, #3 [Proposed] Order on Eddie Bauer LLC's Evidentiary Objections to Expert Reports Submitted by Plaintiff in Support of Plaintiff's Motion for Summary Judgment)(Villamor, Myra)
March 28, 2016 Filing 210 Opposition in Opposition to re: NOTICE OF MOTION AND MOTION for Summary Judgment as to the Entire Action or, Alternatively, Partial Summary Judgment as to Each Cause of Action #205 filed by Plaintiff Chris Kohler. (Attachments: #1 Statement of Genuine Issues of Material Fact, #2 Request for Judicial Notice, #3 Exhibit A, #4 Exhibit B)(Hubbard, Scottlynn)
March 25, 2016 Filing 209 NOTICE OF MOTION AND MOTION IN LIMINE (1) to Exclude Prior Litigation filed by plaintiff Chris Kohler. Motion set for hearing on 5/10/2016 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum)(Hubbard, Scottlynn)
March 25, 2016 Filing 208 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Evidence of and Reference to Any Alleged Barriers Not Identified in Plaintiff's First Amended Complaint filed by Defendant Eddie Bauer. Motion set for hearing on 5/10/2016 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Proposed Order)(Meer, Jonathan)
March 1, 2016 Filing 207 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez : On the Court's own motion, DEFENDANT EDDIE BAUER, LLC.'S MOTION FOR SUMMARY JUDGMENT #205 is continued to 04/18/16 at 1:30pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
February 16, 2016 Filing 206 NOTICE OF MOTION AND MOTION for Summary Judgment Chris Kohler. Motion set for hearing on 4/18/2016 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Statement of Uncontroverted Facts, #2 Appendix of Evidence, #3 Exhibit A to Appendix of Evidence, #4 Exhibit B to Appendix of Evidence, #5 Exhibit 1 to Exhibit B to Appendix of Evidence, #6 Exhibit 2 to Exhibit B to Appendix of Evidence) (Hubbard, Scottlynn)
February 16, 2016 Filing 205 NOTICE OF MOTION AND MOTION for Summary Judgment as to the Entire Action or, Alternatively, Partial Summary Judgment as to Each Cause of Action filed by Defendant Eddie Bauer. Motion set for hearing on 4/11/2016 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Statement of Uncontroverted Facts and Conclusions of Law in Support, #3 Declaration of Myra B. Villamor in Support, #4 Proposed Order) (Villamor, Myra)
September 2, 2015 Filing 204 TRANSCRIPT ORDER re: Transcript (CV),, #202 , Eddie Bauer Court Reporter. Court will contact Myra B. Villamor at mvillamor@seyfarth.com with any questions regarding this order. Transcript portion requested: Other: July 6, 2015, Status Conference. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Villamor, Myra)
August 31, 2015 Filing 203 NOTICE OF FILING TRANSCRIPT filed for proceedings July 6, 2015, 2:32 p.m. re Transcript #202 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mwo) TEXT ONLY ENTRY
August 31, 2015 Filing 202 TRANSCRIPT for proceedings held on July 6, 2015, 2:32 p.m. Court Reporter/Electronic Court Recorder: Marea Woolrich, mareawoolrich@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/21/2015. Redacted Transcript Deadline set for 10/1/2015. Release of Transcript Restriction set for 11/30/2015. (mwo)
July 8, 2015 Filing 201 TRANSCRIPT ORDER as to Plaintiff Chris Kohler Court Reporter. Court will contact Merry Lowe at merryl@hubslaw.com with any questions regarding this order. Transcript portion requested: Other: July 6, 2015. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Hubbard, Scottlynn)
July 6, 2015 Opinion or Order Filing 200 ORDER FOR JURY TRIAL by Judge Philip S. Gutierrez. Jury Trial set for 5/10/2016 09:00 AM. (wm)
July 6, 2015 Filing 199 MINUTES OF STATUS CONFERENCE RE: MANDATE FILED ON MAY 12, 2015 AND MAY 14, 2015. The Court, having questioned counsel, reopens discovery and allows both sides to file one summary judgment motion. The Court also sets the following dates: Discovery Cut-Off: 02-02-16; Motion Cut-Off: 02-16-16; Jury Trial (9:00 a.m.): 05-10-16. Court Reporter: Marea Woolrich. (wm)
July 2, 2015 Filing 198 BRIEF filed by Defendant Eddie Bauer. regarding Status Conference (Attachments: #1 Declaration of Deidra Leal, #2 Declaration of Andrew C. Crane)(Meer, Jonathan)
July 1, 2015 Filing 197 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew Christian Crane counsel for Defendant Eddie Bauer. Adding Andrew C. Crane as counsel of record for Defendant Eddie Bauer LLC for the reason indicated in the G-123 Notice. Filed by defendant Eddie Bauer LLC. (Attorney Andrew Christian Crane added to party Eddie Bauer(pty:dft))(Crane, Andrew)
June 5, 2015 Filing 196 NOTICE OF HEARING ON USCA MANDATE re USCA Mandate, #194 , #195 : Hearing on USCA Judgment-Mandate-Order set for 7/6/2015 for a Status Conference at 2:30 PM before Judge Philip S. Gutierrez. It will be necessary for all counsel to be present at that time. (bm)
May 14, 2015 Filing 195 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal #172 CCA # 13-56217. The judgment of the 9th Circuit Court, entered March 20, 2015, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA OPINION #192 AFFIRMED IN PART, VACATED ANDREMANDED IN PART] (mat)
May 12, 2015 Filing 194 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal #166 CCA # 13-55808. The judgment of the 9th Circuit Court, entered March 20, 2015, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Opinion #192 AFFIRMED IN PART, VACATED AND REMANDED IN PART] (mat)
April 30, 2015 Opinion or Order Filing 193 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #172 filed by Eddie Bauer, Notice of Appeal to 9th Circuit Court of Appeals, #166 filed by Chris Kohler. CCA # 13-55808 and 13-56217. Eddie Bauer's Petition for Rehearing is DENIED. Eddie Bauers Petition for Rehearing En Banc is also DENIED. (mat)
March 20, 2015 Filing 192 **9th CCA replaced the opinion that was attached on their court docket sheet, see item #191 . The District Court case number in 9th CC case number in 13-56217 has been corrected in the caption of the opinion. **OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #172 filed by Eddie Bauer, Notice of Appeal to 9th Circuit Court of Appeals, #166 filed by Chris Kohler. CCA # 13-55808 and 13-56217. The decision of the District Court is AFFIRMED IN PART, VACATED AND REMANDED IN PART.The parties shall bear their own costs on appeal. [See document for complete details] (mat)
March 20, 2015 Filing 191 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #172 filed by Eddie Bauer, Notice of Appeal to 9th Circuit Court of Appeals, #166 filed by Chris Kohler. CCA # 13-55808 and 13-56217. The decision of the District Court is AFFIRMED IN PART, VACATED AND REMANDED IN PART.The parties shall bear their own costs on appeal. [See document for complete details] (mat) (Main Document 191 replaced on 3/24/2015) (mat). (Main Document 191 replaced on 3/24/2015) (mat).
July 21, 2014 Opinion or Order Filing 190 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #185 filed by Chris Kohler, CCA # 13-56217 and 13-56728. The court is in receipt of appellant's motion to consolidate Nos. 13-56217 and 13-56728 and subsequent motion to withdraw the motion and motion for voluntary dismissal of No. 13-56728. The motions are granted. Case No. 13- 56728 is dismissed pursuant to Federal Rule of Appellate Procedure 42(b). A copy of this order shall act as and for the mandate of this court. The brief schedules have been set. Order received in this district on 7/21/14. (mat)
November 21, 2013 Opinion or Order Filing 189 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #166 filed by Chris Kohler, CCA # 13-55808. The Order is The appellants motion for an extension of time to file the opening brief is denied without prejudice to renewal within 7 days after the date of this order, accompanied by a declaration from the "experienced Ninth Circuit attorney" associated to assist with the brief; (3) explain why the brief was not filed within the time allowed by the two previous extensions; and(4) state that the brief will be filed within any additional time requested.In the absence of a renewed motion, the opening brief will be due within 21days after the date of this order. The answering brief is due within 30 days afterthe filing of the opening brief.The optional reply brief is due within 14 days after service of the answeringbrief. Order received in this district on 11/21/2013. (dmap)
October 15, 2013 Filing 188 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/19/13 9:14am re Transcript #187 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ml) TEXT ONLY ENTRY
October 15, 2013 Filing 187 TRANSCRIPT for proceedings held on 2/19/13 9:14am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, e-mail: MVB11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/5/2013. Redacted Transcript Deadline set for 11/15/2013. Release of Transcript Restriction set for 1/13/2014. (ml)
October 3, 2013 Filing 186 NOTIFICATION by Circuit Court of Appellate Docket Number 13-56728, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #185 as to Plaintiff Chris Kohler. (car)
October 2, 2013 Filing 185 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Chris Kohler. Appeal of Order on Motion for Review, #183 (Appeal fee of $455 receipt number 0973-12781489 paid.) (Attachments: #1 Civil Appeals Docketing Statement)(Hubbard, Scottlynn)
September 10, 2013 Filing 184 TRANSCRIPT ORDER re: Bench Trial - Completed (Court Decision) #154 , as to Plaintiff Chris Kohler Court Reporter. Court will contact Angel Botello at angelb@hubslaw.com with any questions regarding this order. Transcript portion requested: Closing Argument by Plaintiff on February 19, 2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Hubbard, Lynn)
September 3, 2013 Opinion or Order Filing 183 MINUTES (IN CHAMBERS): Order DENYING Motion to Review and Retax Costs by Judge Philip S. Gutierrez: Before the Court is Plaintiff Chriss Kohler's ("Plaintiff") Motion for Review and Retax costs. See Dkt. #180. The Court finds the matter appropriate for decision without oral argument. Fed.R.Civ.P.78(b); L.R. 7-15. Having considered the papers submitted in support of an in opposition to the Motion, the Court DENIES the Motion. #180 (bp)
August 30, 2013 Filing 182 REPLY in support of MOTION for Review of award of costs re Bill of Costs (CV-59) #175 #180 filed by Plaintiff Chris Kohler. (Hubbard, Lynn)
August 26, 2013 Filing 181 Opposition of Defendant Eddie Bauer LLC re: MOTION for Review of award of costs re Bill of Costs (CV-59) #175 #180 filed by Defendant Eddie Bauer. (Meer, Jonathan)
July 31, 2013 Filing 180 NOTICE OF MOTION AND MOTION for Review of award of costs re Bill of Costs (CV-59) #175 filed by plaintiff Chris Kohler. Motion set for hearing on 9/16/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum, #2 Proposed Order)(Hubbard, Lynn)
July 31, 2013 Filing 179 NOTICE OF MOTION AND MOTION to Withdraw Renewed MOTION for Review of award of costs re Bill of Costs (CV-59) #175 #178 filed by plaintiff Chris Kohler. Motion set for hearing on 9/16/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Hubbard, Lynn)
July 31, 2013 Filing 178 [MOTION WITHDRAWN PURSUANT TO DOCUMENT #179] NOTICE OF MOTION AND Renewed MOTION for Review of award of costs re Bill of Costs (CV-59) #175 filed by plaintiff Chris Kohler. Motion set for hearing on 9/16/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum, #2 Proposed Order)(Hubbard, Lynn) Modified on 8/1/2013 (bp).
July 29, 2013 Opinion or Order Filing 177 ORDER STRIKING ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION for Review of defendant Eddie Bower LLC's award of costs re Bill of Costs (CV-59) #175 #176 , for the following reasons: Case number is incorrect or missing. This is a subsequent document to a motion that has not yet been filed (Motion to Review and Re-Tax Costs), or it was titled incorrectly; (bp)
July 25, 2013 Filing 176 NOTICE OF MOTION AND MOTION for Review of defendant Eddie Bower LLC's award of costs re Bill of Costs (CV-59) #175 filed by plaintiff Chris Kohler. Motion set for hearing on 9/16/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum, #2 Proposed Order)(Hubbard, Lynn)
July 18, 2013 Filing 175 BILL OF COSTS. Costs Taxed in amount of $ 1082.94 in favor of Defendant and against Plaintiff, Chris Kohler. RE: #163 (mb)
July 11, 2013 Filing 174 NOTIFICATION by Circuit Court of Appellate Docket Number 13-56217, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #172 as to Defendant Eddie Bauer. (mat)
July 10, 2013 Filing 173 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #172 as to Defendant Eddie Bauer; Receipt Number: LA074462 in the amount of $455. (dmap)
July 9, 2013 Filing 172 NOTICE OF APPEAL to the 9th CCA filed by Defendant Eddie Bauer. Appeal of Order on Motion for Attorney Fees, #171 (Appeal fee FEE NOT PAID.) (Attachments: #1 Civil Appeals Docketing Statement)(Meer, Jonathan)
June 17, 2013 Opinion or Order Filing 171 MINUTES (IN CHAMBERS) ORDER DENYING motion for attorneys' fees and costs by Judge Philip S. Gutierrez denying #162 Motion for Attorney Fees: Thus, based on the foregoing, the Court DENIES Defendant's motion for attorneys' fees and litigation expenses. (see document for further details) (bm)
June 14, 2013 Filing 170 TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: DEFENDANT EDDIE BAUER, LLC.'S MOTION FOR ATORNEYS' FEES AND LITIGATION EXPENSES #162 set for hearing on 06/17/13 is taken under submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY
June 3, 2013 Filing 169 REPLY in support of MOTION for Attorney Fees and Litigation Expenses in the Amount of $78,105.75 #162 filed by Defendant Eddie Bauer. (Attachments: #1 Declaration of Jon D. Meer in Support)(Meer, Jonathan)
May 27, 2013 Filing 168 OPPOSITION to MOTION for Attorney Fees and Litigation Expenses in the Amount of $78,105.75 #162 filed by Plaintiff Chris Kohler. (Hubbard, Lynn)
May 10, 2013 Filing 167 NOTIFICATION by Circuit Court of Appellate Docket Number 13-55808 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #166 as to Plainitff Chris Kohler. (dmap)
May 10, 2013 Filing 166 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Chris Kohler. Appeal of Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case,,,, #157 , Order on Request for Judgment #161 (Appeal fee of $455 receipt number 0973-12093451 paid.) (Attachments: #1 Civil Appeals Docketing Statement)(Hubbard, Lynn)
May 6, 2013 Filing 165 REPLY in Support of APPLICATION to the Clerk to Tax Costs against Plaintiff Chris Kohler #163 filed by Defendant Eddie Bauer. (Attachments: #1 Declaration of Myra B. Villamor in Support)(Meer, Jonathan)
May 2, 2013 Filing 164 Objection re: APPLICATION to the Clerk to Tax Costs against Plaintiff Chris Kohler #163 filed by Plaintiff Chris Kohler. (Hubbard, Lynn)
April 25, 2013 Filing 163 APPLICATION to the Clerk to Tax Costs against Plaintiff Chris Kohler filed by Defendant Eddie Bauer. Application set for hearing on 5/9/2013 at 09:00 AM before Clerk of Court. (Attachments: #1 Proposed Bill of Costs)(Meer, Jonathan)
April 25, 2013 Filing 162 NOTICE OF MOTION AND MOTION for Attorney Fees and Litigation Expenses in the Amount of $78,105.75 filed by Defendant Eddie Bauer. Motion set for hearing on 6/17/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration of Jon D. Meer in Support, #3 Request for Judicial Notice in Support, #4 Proposed Order)(Meer, Jonathan)
April 11, 2013 Opinion or Order Filing 161 ORDER by Judge Philip S. Gutierrez: JUDGMENT IS HEREBY ENTERED in favor of Defendant Eddie Bauer LLC and against Plaintiff Chris Kohler on plaintiff's ADA, Unruh Act, CDPA, and California Health and Safety Act claims, #158 . (bp)
April 10, 2013 Filing 160 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Judgment in Favor of Defendant Eddie Bauer LLC #158 . The following error(s) was found: Incorrect event selected. The correct event is: Other Filings: Notices> Notice of Lodging. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bp)
April 9, 2013 Filing 159 OBJECTIONS to REQUEST for Judgment in Favor of Defendant Eddie Bauer LLC #158 filed by Plaintiff Chris Kohler. (Hubbard, Scottlynn)
April 8, 2013 Filing 158 REQUEST for Judgment in Favor of Defendant Eddie Bauer LLC filed by Defendant Eddie Bauer. (Meer, Jonathan)
March 25, 2013 Opinion or Order Filing 157 MINUTE ORDER IN CHAMBERS by Judge Philip S. Gutierrez: For the foregoing reasons, the Court finds that Defendant violated the ADA in relation to one one barrier, the ISA sign. This Barrier has since been corrected and thus rendered moot under the ADA. Moreover, although Defendant violated the Unruh Act or the DPA in relation to this barrier, Plaintiff is not entitled to statutory damages under the CRAS because he did not prove that he suffered any physical or emotional harm in relation to the barrier. Defendant is ordered to prepare a judgment consistent with this Order to be filed with the Court no later than April 8, 2012. ph, (Made JS-6. Case Terminated.) (bp)
February 22, 2013 Filing 156 NOTICE OF ERRATA filed by Defendant Eddie Bauer. correcting Memorandum of Contentions of Fact and Law #148 (Attachments: #1 Exhibit A - Defendant Eddie Bauer LLC's [Proposed] Amended Findings of Fact and Conclusions of Law)(Meer, Jonathan)
February 19, 2013 Filing 155 RESPONSE filed by Defendant Eddie Bauer (Meer, Jonathan)
February 19, 2013 Filing 154 MINUTES OF Court Trial (2nd Day) held and completed before Judge Philip S. Gutierrez: Closing arguments made by plaintiff(s), defendant(s). Court Reporter: Miriam Baird. (bm)
February 19, 2013 Filing 153 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Chris Kohler. (Attachments: #1 Memorandum)(Hubbard, Lynn)
February 13, 2013 Filing 152 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notices of Lodging, Trial Brief, Request #148 , #149 , #150 , #151 . The following error(s) was found: Incorrect event selected. The correct event is: Notices-Notice of Lodging #148 , #150 . Pretrial and Trial Documents-Trial Brief #149 , and Requests-Exclude #151 .. Other error(s) with document(s): Request to Exclude should have been submitted with the separate, additional attachment of a proposed order. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
February 12, 2013 Filing 151 Defendant Eddie Bauer LLC's Request to Exclude Photographs And Measurements That Were First Produced By Plaintiff At Trial On January 22, 2013 (Attachments: #1 Declaration With Attached Exhibits)(Villamor, Myra)
February 12, 2013 Filing 150 PROPOSED MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff Chris Kohler. (Attachments: #1 Revised Proposed Findings of Fact and Contentions of Law)(Hubbard, Lynn)
February 12, 2013 Filing 149 SUPPLEMENT filed by Plaintiff Chris Kohler. (Hubbard, Lynn)
February 12, 2013 Filing 148 PROPOSED AMENDED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Eddie Bauer. (Attachments: #1 [Proposed} Amended Findings of Fact and Conclusions of Law, #2 Declaration of Jon D. Meer in Support)(Meer, Jonathan)
January 31, 2013 Filing 147 NOTICE OF FILING TRANSCRIPT filed for proceedings 1/22/12 A.M. SESSION re Transcript #146 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ha) TEXT ONLY ENTRY
January 31, 2013 Filing 146 TRANSCRIPT for proceedings held on 1/22/12 A.M. SESSION - TRIAL DAY 1. Court Reporter/Electronic Court Recorder: MARY RIORDAN RICKEY, phone number MARY.USDC@YAHOO.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/21/2013. Redacted Transcript Deadline set for 3/3/2013. Release of Transcript Restriction set for 5/1/2013. (ha)
January 29, 2013 Filing 144 NOTICE OF LIEN filed by claimant Bed Bath and Beyond. (bm)
January 22, 2013 Filing 145 MINUTES OF COURT TRIAL (1st Day) held before Judge Philip S. Gutierrez: Opening statements made. Witneses called, sworn and testified. Exhibits identified and admitted. Plaintiff(s) rest. Bench Trial continued to 2/19/2013 at 9:00 AM. Other: Defendant Eddie Bauer, LLC.'s MIL 1 granted; Defendant Eddie Bauer's MIL 2 rendered moot Parties shall submit a short brief regarding the admissibility of the four photographs presented by Plaintiff and an Amended Findings of Fact and Conclusions of Law by February 12, 2013. Court Reporter: Mary Rickey. (bm)
January 22, 2013 Filing 143 JOINT EXHIBIT LIST filed by plaintiff and defendant Eddie Bauer, Chris Kohler. (bm)
January 22, 2013 Filing 142 JOINT WITNESS LIST filed by plaintiff and defendant Eddie Bauer, Chris Kohler. (bm)
January 22, 2013 Filing 141 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies) Except the following exhibits: Judge's binders. (bm)
January 22, 2013 Opinion or Order Filing 140 MINUTES (IN CHAMBERS) ORDER DENYING Defendant's Motion in Limine by Judge Philip S. Gutierrez denying #105 Motion in Limine to Exclude: For the foregoing reasons, the Court DENIES Defendants' Motion in Limine 3. (see document for further details) (bm)
January 21, 2013 Filing 139 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Chris Kohler. (Attachments: #1 Exhibit A (PFE), #2 Exhibit B (SCAB))(Hubbard, Lynn)
January 18, 2013 Filing 138 NOTICE OF LODGING filed Updated re Memorandum of Contentions of Fact and Law #110 (Attachments: #1 Defendant Eddie Bauer LLC's [Proposed] Updated Findings of Fact and Conclusions of Law)(Meer, Jonathan)
January 18, 2013 Filing 137 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Chris Kohler. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hubbard, Lynn)
January 18, 2013 Opinion or Order Filing 136 ORDER Granting Joint Stipulation to Use Electronic Equipment at Trial by Judge Philip S. Gutierrez, re Stipulation #126 : IT IS HEREBY ORDERED that Plaintiff Chris Kohler's and Defendant Eddie Bauer, LLC's (collectively "the Parties") Joint Stipulation to use electronic equipment at trial be GRANTED. Accordingly, the Parties will be allowed to use electronic equipment at trial. (bm)
November 28, 2012 Filing 135 Notice of Electronic Filing re Text Only Scheduling Notice, 134 bounced due to attorney Jason Weiss no longer works at the firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(vho) TEXT ONLY ENTRY
November 14, 2012 Filing 134 TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: On the Court's own motion and with agreement of counsel, the Court Trial date is continued from 11/13/12 #133 to 01/22/2013 at 9am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY
July 31, 2012 Opinion or Order Filing 133 ORDER by Judge Philip S. Gutierrez, re Joint Stipulation to Continue trial #132 is GRANTED. Bench Trial will be continued until 11/13/2012 09:00 PM or until such other date that the Court deems appropriate. (ir)
July 27, 2012 Filing 132 Joint STIPULATION to Continue Trial from July 24, 2012 to November 13, 2012 Re: Telephone Conference, #131 filed by plaintiff Chris Kohler. (Attachments: #1 Proposed Order Granting Joint Stipulation to Continue Trial)(Hubbard, Lynn)
July 18, 2012 Opinion or Order Filing 131 MINUTES: TELEPHONIC CONFERENCE: The July 24th trial date is discussed, and two options are presented to counsel. The first option is selected, and a stipulation is ordered to be filed proposing a new trial date in the month of October or November of this year. In the event an agreement cannot be reached, counsel is ordered to contact the Clerk by Judge Philip S. Gutierrez Court Reporter: Miriam Baird. (ir)
July 17, 2012 Filing 130 APPENDIX filed by Plaintiff Chris Kohler. Re: Trial Brief #129 Appendix of Exhibits for Plaintiff's Trial Brief on Statutory Damage Awards (Attachments: #1 Part 2 of 2)(Hubbard, Lynn)
July 17, 2012 Filing 129 TRIAL BRIEF on Statutory Damage Awards under Section 55.56 of the California Civil Code filed by plaintiff Chris Kohler.. (Hubbard, Lynn)
July 17, 2012 Filing 128 NOTICE OF LODGING filed Plaintiff's [Proposed] Findings of Fact and Conclusions of Law re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings, Set/Reset Motion Hearing and R&R Deadlines,,,,,,,,, #125 (Attachments: #1 Plaintiff's [Proposed] Findings of Fact and Conclusions of Law)(Hubbard, Lynn)
July 17, 2012 Filing 127 DEFENDANT EDDIE BAUER LLC'S NOTICE OF NEW AUTHORITY IN SUPPORT OF ITS MEMORANDUM OF CONTENTIONS OF LAW AND FACT, MOTION IN LIMINE NO. 2 AND MOTION IN LIMINE NO. 3 re MOTION IN LIMINE #2: to Exclude Evidence of and Reference to Any Alleged Barriers Not Identified in Plaintiff's First Amended Complaint #103 , MOTION IN LIMINE #3: to Exclude Evidence of and Reference to Alleged "Barriers" That Have Since Been Corrected or Which Are Not Barriers to Plaintiff's Access, as a Matter of Law #105 filed by Defendant Eddie Bauer. (Meer, Jonathan)
July 16, 2012 Filing 126 Joint STIPULATION for Leave to Use Electronic Equipment at Trial filed by plaintiff Chris Kohler. (Attachments: #1 Proposed Order Granting Joint Stipulation to Use Electronic Equipment at Trial)(Hubbard, Lynn)
November 3, 2011 Filing 125 MINUTE: (In Chambers): COURT TRIAL (EST 3 DAYS) ; DEFENDANT EDDIE BAUER, LLC.'S MIL 1 TO EXCLUDE EVIDENCE OF AND REFERENCE TO HOW PLAINTIFF BECAME WHEELCHAIR-BOUND FILED 09-02-11 #102 ; DEFENDANT EDDIE BAUER, LLC.'S MIL 2 TO EXCLUDE EVIDENCE OF AND REFERENCE TO ANY ALLEGED BARRIERS NOT IDENTIFIED IN PLAINTIFF'S FIRST AMENDED COMPLAINT FILED 09-02-11 #103 ; DEFENDANT EDDIE BAUER, LLC.'S MIL 3 TO EXCLUDE EVIDENCE OF AND REFERENCE TO ALLEGED"BARRIERS" THAT HAVE SINCE BEEN CORRECTED OR WHICH ARE NOT BARRIERS TO PLAINTIFF'S ACCESS, AS A MATTER OF LAW FILED 09-02-11 #105 : PLEASE BE ADVISED that on the Courts own motion, the court trial as well as the motions in limine are hereby continued from November 8, 2011 to Tuesday, July 24, 2012 at 9am IT IS SO ORDERED Judge Philip S. Gutierrez. (ir)
November 1, 2011 Filing 124 TRIAL BRIEF filed by Defendant Eddie Bauer.. (Meer, Jonathan)
October 28, 2011 Filing 123 REPLY in support of MOTION IN LIMINE #3: to Exclude Evidence of and Reference to Alleged "Barriers" That Have Since Been Corrected or Which Are Not Barriers to Plaintiff's Access, as a Matter of Law #105 filed by Defendant Eddie Bauer. (Villamor, Myra)
October 28, 2011 Filing 122 REPLY in support of MOTION IN LIMINE #2: to Exclude Evidence of and Reference to Any Alleged Barriers Not Identified in Plaintiff's First Amended Complaint #103 filed by Defendant Eddie Bauer. (Villamor, Myra)
October 28, 2011 Filing 121 REPLY in support of MOTION IN LIMINE #1: to Exclude Evidence of and Reference to How Plaintiff Became Wheelchair-Bound #102 filed by Defendant Eddie Bauer. (Villamor, Myra)
October 7, 2011 Opinion or Order Filing 120 ORDER CONTINUING TRIAL DATE by Judge Philip S. Gutierrez granting #118 Ex Parte Application to Continue: Good cause appearing, the trial date is continued from October 25, 2011 to November 8, 2011 at 9:00 a.m. (bm)
October 7, 2011 Filing 119 Opposition in Opposition re: EX PARTE APPLICATION to Continue Trial Date from October 25, 2011 to November 8, 2011 #118 filed by Plaintiff Chris Kohler. (Hubbard, Lynn)
October 6, 2011 Filing 118 EX PARTE APPLICATION to Continue Trial Date from October 25, 2011 to November 8, 2011 filed by Defendant Eddie Bauer. (Attachments: #1 Notice of Motion and Memorandum of Points and Authorities in Support, #2 Declaration of Jon D. Meer in Support, #3 Declaration of Myra B. Villamor in Support, #4 Proposed Order, #5 Certificate of Service)(Meer, Jonathan)
October 3, 2011 Filing 117 MINUTES OF Final Pretrial Conference held before Judge Philip S. Gutierrez: The case is called and counsel are present. Final Pretrial conference is held. The Court allocates 2 1/2 hours to each side for Court trial. The Court continues the Court trial to October 25, 2011 at 9:00 a.m. Court Reporter: Miriam Baird. (lw)
October 3, 2011 Filing 116 ATTORNEY SETTLEMENT OFFICER PROCEEDING REPORT Filed by Attorney Settlement Officer John P Daniels: Settlement Proceedings were held on August 11, 2011. The parties are unable to reach an agreement at this time.(mb)
September 27, 2011 Opinion or Order Filing 115 MINUTES (IN CHAMBERS): ORDER DENYING Defendant Eddie Bauer LLC's Motion for Summary Judgment by Judge Philip S. Gutierrez: Before the Court is Defendant Eddie Bauer LLC's motion for summary judgment. The Court finds the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; L.R. 7-15. Having considered the papers submitted in support of and in opposition to the motion, the Court DENIES the motion. Court denying #91 Defendant Eddie Bauer, LLC's Motion for Summary Judgment. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
September 27, 2011 Filing 114 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: [Proposed] Final Pretrial Conference Order #113 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Notices-Notice of Lodging. Other error(s) with document(s): A stand-alone proposed order should be e-filed as a Notice of Lodging with the separate, additional attachment of the [proposed] order. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
September 26, 2011 Filing 113 [Proposed] Final Pretrial Conference Order filed by Defendant Eddie Bauer (Meer, Jonathan)
September 23, 2011 Filing 112 TRIAL BRIEF Regarding Evidentiary Disputes filed by Plaintiff Chris Kohler.. (Hubbard, Lynn)
September 15, 2011 Opinion or Order Filing 111 MINUTES (IN CHAMBERS) ORDER re DEFENDANT EDDIE BAUER, LLC.'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, PARTIAL SUMMARY JUDGMENT FILED 07-26-11 (DOC. 91) by Judge Philip S. Gutierrez taking under submission #91 Motion for Summary Judgment: Counsel are advised that the above-referenced motion set for hearing on September 19, 2011 is taken Under Submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. (bm)
September 12, 2011 Filing 110 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Eddie Bauer. (Meer, Jonathan)
September 12, 2011 Filing 109 Witness List filed by Defendant Eddie Bauer.. (Meer, Jonathan)
September 12, 2011 Filing 108 JOINT Exhibit List filed by Defendant Eddie Bauer.. (Meer, Jonathan)
September 12, 2011 Filing 107 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Chris Kohler. (Hubbard, Lynn)
September 9, 2011 Filing 106 NOTICE OF LODGING filed Submitting Certified Copy of Plaintiff's Deposition Transcript re MOTION for Summary Judgment as to the Entire Action or, Alternatively, Partial Summary Judgment as to Each Cause of Action Filed by Plaintiff Chris Kohler #91 (Attachments: #1 Index of Portions of Plaintiff's Deposition Testimony to be Offered in Support of Defendant Eddie Bauer's Motion for Summary Judgment)(Meer, Jonathan)
September 2, 2011 Filing 105 NOTICE OF MOTION AND MOTION IN LIMINE #3: to Exclude Evidence of and Reference to Alleged "Barriers" That Have Since Been Corrected or Which Are Not Barriers to Plaintiff's Access, as a Matter of Law filed by Defendant Eddie Bauer. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration of Myra B. Villamor in Support, #3 Proposed Order)(Meer, Jonathan)
September 2, 2011 Opinion or Order Filing 104 ORDER by Judge Philip S. Gutierrez: DENYING EX PARTE APPLICATION to Amend the Scheduling Conference #99 (wm)
September 2, 2011 Filing 103 NOTICE OF MOTION AND MOTION IN LIMINE #2: to Exclude Evidence of and Reference to Any Alleged Barriers Not Identified in Plaintiff's First Amended Complaint filed by Defendant Eddie Bauer. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration of Myra B. Villamor in Support, #3 Proposed Order)(Meer, Jonathan)
September 2, 2011 Filing 102 NOTICE OF MOTION AND MOTION IN LIMINE #1: to Exclude Evidence of and Reference to How Plaintiff Became Wheelchair-Bound filed by Defendant Eddie Bauer. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration of Myra B. Villamor in Support, #3 Proposed Order)(Meer, Jonathan)
September 2, 2011 Filing 101 REPLY in support of MOTION for Summary Judgment as to the Entire Action or, Alternatively, Partial Summary Judgment as to Each Cause of Action Filed by Plaintiff Chris Kohler #91 filed by Defendant Eddie Bauer. (Meer, Jonathan)
September 1, 2011 Filing 100 OPPOSITION re: EX PARTE APPLICATION to Amend re Scheduling Conference, Set/Reset Deadlines/Hearings, Add and Terminate Parties,,,,,,,,, #73 EX PARTE APPLICATION to Amend re Scheduling Conference, Set/Reset Deadlines/Hearings, Add and Terminate Parties,,,,,,,,, #73 #99 filed by Defendant Eddie Bauer. (Villamor, Myra)
September 1, 2011 Filing 99 EX PARTE APPLICATION to Amend re Scheduling Conference, Set/Reset Deadlines/Hearings, Add and Terminate Parties,,,,,,,,, #73 filed by Plaintiff Chris Kohler. (Attachments: #1 Declaration of Angel Botello, #2 Declaration of Peter Leonard, #3 Proposed Order)(Hubbard, Lynn)
August 30, 2011 Opinion or Order Filing 98 ORDER by Judge Philip S. Gutierrez DENYING #94 Ex Parte Motion to Continue the Briefing Schedule and Hearing Date for Defendant Eddie Bauer's Motion for Summary Judgment re #95 OPPOSITION IN OPPOSITION TO re: EX PARTE APPLICATION. (bm)
August 29, 2011 Filing 97 OPPOSITION to MOTION for Summary Judgment as to the Entire Action or, Alternatively, Partial Summary Judgment as to Each Cause of Action Filed by Plaintiff Chris Kohler #91 filed by Plaintiff Chris Kohler. (Attachments: #1 Response to Defendant's Statement of Undisputed Facts and Conclusions of Law, #2 Appendix of Exhibits)(Hubbard, Lynn)
August 29, 2011 Filing 96 DECLARATION of MYRA B. VILLAMOR re Objection/Opposition (Motion related) #95 filed by Defendant Eddie Bauer. (Villamor, Myra)
August 29, 2011 Filing 95 OPPOSITION IN OPPOSITION TO re: EX PARTE APPLICATION to Continue the Briefing Schedule and Hearing Date for Defendant Eddie bauer's Motion for Summary Judgment #94 filed by Defendant Eddie Bauer. (Villamor, Myra)
August 26, 2011 Filing 94 EX PARTE APPLICATION to Continue the Briefing Schedule and Hearing Date for Defendant Eddie bauer's Motion for Summary Judgment filed by Plaintiff Chris Kohler. (Attachments: #1 Declaration, #2 Proposed Order)(Hubbard, Lynn)
August 11, 2011 Opinion or Order Filing 93 ORDER GRANTING STIPULATION TO AMEND THE SCHEDULIING ORDER TO EXTEND THE TIME TO DISCLOSE REBUTTAL EXPERT TESTIMONY by Judge Philip S. Gutierrez, re Stipulation to Amend/Correct #92 : Good cause appearing, IT IS HEREBY ORDERED that all rebuttal expert witnesses disclosures be made on or before August 23, 2011. (bm)
August 9, 2011 Filing 92 STIPULATION to AMEND Order, #90 , Scheduling Conference, Set/Reset Deadlines/Hearings, Add and Terminate Parties,,,,,,,,, #73 filed by Defendant Eddie Bauer. (Attachments: #1 Declaration of Myra B. Villamor in Support of Stipulation to Amend Scheduling Order to Extend Time to Disclose Rebuttal Expert Witness Testimony, #2 Proposed Order)(Villamor, Myra)
July 26, 2011 Filing 91 NOTICE OF MOTION AND MOTION for Summary Judgment as to the Entire Action or, Alternatively, Partial Summary Judgment as to Each Cause of Action Filed by Plaintiff Chris Kohler filed by Defendant Eddie Bauer. Motion set for hearing on 9/19/2011 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Statement of Uncontroverted Facts and Conclusions of Law in Support, #3 Declaration of Myra B. Villamor in Support, #4 Proposed Order)(Meer, Jonathan)
July 7, 2011 Opinion or Order Filing 90 ORDER GRANTING STIPULATION TO AMEND The Scheduling Order To Extend The Time To Disclose Expert Testimony by Judge Philip S. Gutierrez, re Stipulation #89 : Good cause appearing, IT IS HEREBY ORDERED that all opening expert witnesses disclosures be made on or before August 1, 2011, and any rebuttal expert witnesses disclosures be made on or before August 16, 2011. (bm)
July 5, 2011 Filing 89 STIPULATION to Amend Scheduling Conference, Set/Reset Deadlines/Hearings, Add and Terminate Parties,,,,,,,,, #73 filed by Plaintiff Chris Kohler. (Attachments: #1 Proposed Order)(Hubbard, Lynn)
March 7, 2011 Filing 88 ANSWER to Amended Complaint #84 filed by Defendant Eddie Bauer.(Meer, Jonathan)
February 23, 2011 Filing 87 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Information #86 . The following error(s) was found: Incorrect event selected. The correct event is: Notices-Change of Attorney Information (G-06). 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
February 22, 2011 Filing 86 Notice of Change of Attorney Information filed by Defendant Eddie Bauer (Kepler, Stephen)
February 16, 2011 Filing 85 NOTICE of Change of Lead Counsel changing lead counsel from Maximilian Jo to Jonathan D. Meer and Myra B. Villamor. filed by Defendant Eddie Bauer, (Meer, Jonathan)
February 16, 2011 Filing 84 FIRST AMENDED COMPLAINT against defendant Eddie Bauer amending Complaint #1 , filed by plaintiff Chris Kohler. (bm)
February 16, 2011 Opinion or Order Filing 83 MINUTES (IN CHAMBERS) ORDER by Judge Philip S. Gutierrez granting #79 Plaintiff's Motion to Amend the Complaint: Based on the foregoing, Plaintiff's Motion to Amend His Complaint is GRANTED. The Clerk is ordered to file Plaintiff's First Amended Complaint. (see document for further details) (bm)
February 14, 2011 Filing 82 REPLY in Support of MOTION to Amend Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 MOTION to Amend Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 #79 filed by Plaintiff Chris Kohler. (Hubbard, Lynn)
February 7, 2011 Filing 81 MEMORANDUM in Opposition to MOTION to Amend Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 MOTION to Amend Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 #79 filed by Defendant Eddie Bauer. (Meer, Jonathan)
January 19, 2011 Filing 80 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Amend Complaint #79 . The following error(s) was found: Proposed Document was not submitted. It should have been submitted as a separate attachment. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (mg)
January 18, 2011 Filing 79 NOTICE OF MOTION AND MOTION to Amend Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 filed by Plaintiff Chris Kohler. Motion set for hearing on 2/28/2011 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Motion to Amend)(Hubbard, Lynn)
January 13, 2011 Filing 78 NOTICE OF ASSIGNMENT of Attorney Settlement Officer. John ( Jack ) Daniels has been assigned to serve as Attorney Settlement Officer. (mb)
December 30, 2010 Filing 77 STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties request that Program Coordinator randomly assign Attorney Settlement Officer from the following area of law: Americans with Disabilities Act. Filed by Plaintiff Chris Kohler(Hubbard, Lynn)
December 23, 2010 Filing 76 NOTICE of Appearance filed by attorney Jonathan D Meer on behalf of Defendant Eddie Bauer (Meer, Jonathan)
December 21, 2010 Opinion or Order Filing 75 ORDER FOR COURT TRIAL by Judge Philip S. Gutierrez: Pretrial Conference 10/3/11 at 2:30 pm; Trial Date 10/18/11 at 9:00 am (See document for further details) (ir)
December 21, 2010 Opinion or Order Filing 74 ORDER by Judge Philip S. Gutierrez, case ordered to Attorney Settlement Officer Panel for a Local Rule 16-15 settlement conference. Within 10 days, plaintiff shall notify the ADR Program Coordinator of name of Attorney Settlement Officer who will conduct the settlement conference. (ir)
December 20, 2010 Opinion or Order Filing 73 MINUTES: SCHEDULING CONFERENCE: Scheduling Conference held. The Court sets the following dates, and directs counsel to review the Court's trial order for further details. Last Day to Add Parties & Amend Pleadings (Doe defendants are dismissed as of cut-off to add parties) 1/20/11; Opening Expert Witness Disclosure [See F.R.Civ.P. 26(a)(2)] 07/19/11; Rebuttal Expert Witness Disclosure: 08/16/11; Expert Discovery Cut-Off: 09/06/11; Discovery Cut-Off: 07/12/11; Last Day to File Motion: 07/26/11; Final Pretrial Conference (2:30 p.m.): 10/03/11; Court Trial (9:00 a.m.): 10/18/11. Estimated Length: 3 DaysThe Court dismisses Defendant Zumiez, Inc only. The Court to retain jurisdiction to enforce settlement by Judge Philip S. Gutierrez Court Reporter: Miriam Baird. (ir)
December 20, 2010 Filing 72 NOTICE of Settlement as to Defendant Zumiez, Inc. ONLY filed by Plaintiff Chris Kohler. (Hubbard, Lynn)
December 16, 2010 Opinion or Order Filing 71 ORDER RE: JOINT STIPULATION FOR DISMISSAL OF DEFENDANT BARNEY'S, INC. by Judge Philip S. Gutierrez, re Stipulation to Dismiss Party #70 : Upon consideration of the Joint Stipulation for Dismissal submitted by plaintiff, CHRIS KOHLER, and defendant, BARNEY'S, INC., IT IS HEREBY ORDERED that the action and all claims against defendant BARNEY'S, INC. are dismissed with prejudice. (bm)
December 15, 2010 Filing 70 Joint STIPULATION to Dismiss defendant Barney's, Inc. filed by plaintiff Chris Kohler. (Attachments: #1 Proposed Order)(Hubbard, Lynn)
December 2, 2010 Opinion or Order Filing 69 ORDER re: Plaintiff's Ex Parte Application to Either Continue the Scheduling Conference; or Allow Associate Counsel to Appear by Judge Philip S. Gutierrez granting #67 Ex Parte Application: Having read the foregoing application and good cause existing therefore, the Scheduling Conference is hereby continued to 12/20/10 at 2pm. (bm)
December 1, 2010 Filing 68 NOTICE OF NON-OPPOSITION EX PARTE APPLICATION to Continue Scheduling Conference from December 6, 2010 to 21 to 30 days Re: Order, Set/Reset Deadlines/Hearings #31 EX PARTE APPLICATION to Continue Scheduling Conference from December 6, 2010 to 21 to 30 days Re: Order, Set/Reset Deadlines/Hearings #31 #67 filed by Defendant Eddie Bauer. (Jo, Maximilian)
November 30, 2010 Filing 67 EX PARTE APPLICATION to Continue Scheduling Conference from December 6, 2010 to 21 to 30 days Re: Order, Set/Reset Deadlines/Hearings #31 filed by plaintiff Chris Kohler. (Attachments: #1 Declaration of Attorney Lynn Hubbard III in Support of Plaintiffs Ex Parte Application, #2 Proposed Order)(Hubbard, Lynn)
November 29, 2010 Filing 66 JOINT ADR PROGRAM QUESTIONNAIRE filed by Plaintiff Chris Kohler.(Hubbard, Lynn)
November 29, 2010 Filing 65 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 to 5 days, filed by Plaintiff Chris Kohler.. (Hubbard, Lynn)
November 23, 2010 Filing 64 NOTICE OF DISMISSAL filed by plaintiff Chris Kohler pursuant to FRCP 41a(1) as to Banana Republic, LLC. (Hubbard, Lynn)
November 17, 2010 Filing 63 NOTICE OF DISMISSAL filed by plaintiff Chris Kohler pursuant to FRCP 41a(1) as to PHV Retail Stores, Inc., Phillips-Van Heusen Corp.. (Hubbard, Lynn)
November 17, 2010 Filing 62 NOTICE OF DISMISSAL filed by plaintiff Chris Kohler pursuant to FRCP 41a(1) as to Grace Holmes, Inc.. (Hubbard, Lynn)
November 17, 2010 Filing 61 NOTICE OF DISMISSAL filed by plaintiff Chris Kohler pursuant to FRCP 41a(1) as to Cole Grant, Inc., Converse, Inc., Nike Retail Services, Inc.. (Hubbard, Lynn)
November 11, 2010 Filing 59 NOTICE OF DISMISSAL filed by plaintiff Chris Kohler pursuant to FRCP 41a(1) as to The Donna Kara Company Store, LLC. (Hubbard, Lynn)
November 8, 2010 Filing 58 NOTICE OF DISMISSAL filed by Defendant Presidio International, Inc. pursuant to FRCP 41a(1) Amended as to Presidio International, Inc.. (Parikh, Nita)
October 25, 2010 Opinion or Order Filing 60 STIPULATION AND ORDER by Judge Philip S. Gutierrez, the Court hereby accepts the Stipulation #54 and ORDERS that Defendant QS Retail, Inc dba Quiksilver Factory Store #0815 is dismissed from this entire matter with prejudice. Plaintiff and Defendant to bear their own costs and attorneys' fees as provided in this Stipulation. (ir)
October 25, 2010 Opinion or Order Filing 57 STIPULATION AND ORDER RE: Dismissal of Defendant Polo California, LLC by Judge Philip S. Gutierrez: re Stipulation to Dismiss Party #55 . Plaintiff, Chris Kohler, and Defendant Polo California, LLC (Erroneously sued as R. L. Fashions of Cabazon CA, LLC dba Polo Ralph Lauren Factory Store #65), by and through their designated counsel of record that Defendant Polo California, LLC be and is hereby dismissed WITHOUT PREJUDICE pursuant to FRCP 41(a)(2). Nothing in this Joint Stipulation shall be construed to affect plaintiff's complaint and claims against defendants other than Polo California, LLC. IT IS SO ORDERED. (lw)
October 21, 2010 Filing 56 NOTICE of Settlement as to Defendants PVH Retail Stores, Inc. dba Izod #791 and Phillips-Van Heusen Corp. dba Van Heusen #224 Only filed by plaintiff Chris Kohler. (Hubbard, Lynn)
October 20, 2010 Filing 55 STIPULATION to Dismiss Defendant R.L. Fashions of Cabazon CA, LLC filed by Defendant R.L. Fashions of Cabazon CA, LLC.(Nelson, Timothy)
October 19, 2010 Filing 54 STIPULATION to Dismiss Defendant QS Retail, Inc. filed by Defendant QS Retail, Inc.. (Attachments: #1 Proposed Order [Proposed] Order Re: Dismissal of Def. QS Retail dba Quiksilver Factory Store #0815 w/prejudice)(Weiss, Jason)
October 18, 2010 Opinion or Order Filing 53 ORDER by Judge Philip S. Gutierrez, upon consideration of the Joint Stipulation for Dismissal #52 . Action and all claims against defendant BILLABONG RETAIL, INC. dba BILLABONG OUTLET #203 are dismissed with prejudice, each side to bear their own attorneys fees and costs. (ir)
October 15, 2010 Filing 52 Joint STIPULATION to Dismiss Defendant Billabong Retail, Inc. filed by Defendant Billabong Retail, Inc.. (Attachments: #1 Proposed Order)(Gerard, Robert)
October 12, 2010 Opinion or Order Filing 51 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT PRESIDIO INTERNATIONAL, INC., dba ARMANI EXCHANGE #215 #50 ; IT IS SO ORDERED by Judge Philip S. Gutierrez, that pursuant to Fed. R. Civ. P. 41 (a)(1), plaintiff CHRIS KOHLER hereby voluntarily dismisses the above-captioned action, without prejudice, as to defendant PRESIDIO INTERNATIONAL, INC. dba ARMANI EXCHANGE #215 only. Nothing in this notice shall be construed to affect plaintiffs complaint and claims against defendants other than defendant PRESIDIO INTERNATIONAL, INC. dba ARMANI EXCHANGE #215. (jp)
October 6, 2010 Filing 50 NOTICE OF DISMISSAL filed by plaintiff Chris Kohler pursuant to FRCP 41a(1) as to Presidio International, Inc.. (Hubbard, Lynn)
October 1, 2010 Filing 49 NOTICE of Settlement as to defendants Nike Retail Services, Inc., Converse, Inc., Grace Holmes, Inc., Cole Grant, Inc. and The Donna Karan Company Store, LLC only filed by plaintiff Chris Kohler. (Hubbard, Lynn)
October 1, 2010 Filing 48 NOTICE of Settlement as to defendant Billabong Retail, Inc. only filed by plaintiff Chris Kohler. (Hubbard, Lynn)
September 23, 2010 Filing 47 ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 filed by Defendant QS Retail, Inc..(Weiss, Jason)
September 17, 2010 Opinion or Order Filing 46 ORDER by Judge Philip S. Gutierrez, re Stipulation allowing an additional thirty (30) days or until 10/20/10 to respond to Plaintiff's complaint #45 . Extension is approved and Defendant shall have up to and including 10/20/10 to file a respond to the complaint. (ir)
September 16, 2010 Filing 45 FIRST STIPULATION Extending Time to Answer the complaint as to Presidio International, Inc. answer now due 10/20/2010, filed by Defendant Presidio International, Inc.. (Attachments: #1 Proposed Order)(Laba, Jeanette)
September 15, 2010 Filing 44 Certificate of Interested Parties filed by Defendant Barney's, Inc., (Orlick, Martin)
September 15, 2010 Filing 43 ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 filed by Defendant Barney's, Inc..(Orlick, Martin)
September 15, 2010 Opinion or Order Filing 42 ORDER by Judge Philip S. Gutierrez: the following document be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Answer to Complaint (Discovery) #38 , for the following reasons: Local Rule 7.1-1 No Certification of Interested Parties and/or no copies. (ir)
September 14, 2010 Filing 41 NOTICE OF DISMISSAL filed by plaintiff Chris Kohler pursuant to FRCP 41a(1) as to Volcom Retail, Inc.. (Hubbard, Lynn)
September 10, 2010 Filing 40 DISCLOSURE of F.R.C.P Section 7.1 re Answer to Complaint (Discovery) #38 , Notice of Deficiency in Electronically Filed Documents (G-112), Notice of Deficiency in Electronically Filed Documents (G-112), Notice of Deficiency in Electronically Filed Documents (G-112) #39 filed by Defendant Barney's, Inc. (Orlick, Martin)
September 10, 2010 Filing 39 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery) #38 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (vh)
September 10, 2010 Filing 38 ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 filed by Defendant Barney's, Inc..(Orlick, Martin) **STRICKEN PURSUANT TO ORDER FILED 9/15/10** Modified on 9/15/2010 (ir).
September 3, 2010 Filing 37 FIRST STIPULATION Extending Time to Answer the complaint as to filed by Defendant Presidio International, Inc..(Laba, Jeanette)
September 1, 2010 Filing 36 NOTICE OF DISMISSAL filed by plaintiff Chris Kohler pursuant to FRCP 41a(1) as to Jockey International Global, Inc.. (Hubbard, Lynn)
September 1, 2010 Filing 35 FIRST STIPULATION Extending Time to Answer the complaint as to QS Retail, Inc. answer now due 9/29/2010, filed by Defendant Quiksilver QS Retail, Inc..(Weiss, Jason)
August 31, 2010 Opinion or Order Filing 34 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Joint Stipulation for Extension of Time #32 , for the following reasons: Case number is incorrect or missing. Parties continue to include the wrong judge's initials on all their documents. No mandatory chambers copies provided. (ir)
August 30, 2010 Filing 33 RESPONSE filed by Plaintiff Chris Kohlerto Minutes of In Chambers Order/Directive - no proceeding held, Order to Show Cause,, #6 (Hubbard, Lynn)
August 27, 2010 Filing 32 Joint STIPULATION for Extension of Time to File Response to Plaintiff's Complaint filed by Defendant QS Retail, Inc. dba Quiksilver Factory Store #0815 QS Retail, Inc..(Weiss, Jason)**STRICKEN PURSUANT TO ORDER FILED 8/31/10**Modified on 8/31/2010 (ir).
August 26, 2010 Opinion or Order Filing 31 ORDER by Judge Philip S. Gutierrez,, Set deadlines and hearings( Scheduling Conference set for 12/6/2010 02:00 PM before Judge Philip S. Gutierrez.) (shb)
August 24, 2010 Filing 30 Certificate of Interested Parties filed by Defendant Billabong Retail, Inc., identifying Burleigh Point, Ltd., a California corporation; Billabong USA General Partnership, a Delaware partnership; Billabong USA Holdings Pty Ltd., a Delaware corporation; Billabong USA Investments Pty Ltd., a Delaware corporation; and Billabong International Limited, a publicly traded Australian corporation. (Gerard, Robert)
August 24, 2010 Filing 29 ANSWERJURY DEMAND. filed by Defendant Billabong Retail, Inc..(Gerard, Robert)
August 24, 2010 Filing 28 Notice of Interested Parties of Interested Parties filed by Defendant Eddie Bauer, (Jo, Maximilian)
August 24, 2010 Filing 27 ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 Answer to Plaintiff's Complaint filed by Defendant Eddie Bauer.(Jo, Maximilian)
August 20, 2010 Filing 26 CERTIFICATE of Interested Parties filed by Defendant R.L. Fashions of Cabazon CA, LLC, identifying Fashions Outlet of America, Inc., Polo Ralph Lauren Corporation, Chris Kohler, Polo California, LLC, Continental Casualty Company. (Nelson, Timothy)
August 20, 2010 Filing 25 ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 filed by Defendant R.L. Fashions of Cabazon CA, LLC.(Nelson, Timothy)
August 17, 2010 Filing 24 FIRST STIPULATION Extending Time to Answer the complaint as to Presidio International, Inc. answer now due 9/20/2010, filed by Defendant Presidio International, Inc..(Laba, Jeanette)
August 13, 2010 Filing 23 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant PHV Retail Stores, Inc. served on 7/30/2010, answer due 8/20/2010. Service of the Summons and Complaint were executed upon Bradley Ellison, person authorized by the Agent to accept service for the Party in item 3.a. in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 13, 2010 Filing 22 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant Grace Holmes, Inc. served on 7/30/2010, answer due 8/20/2010. Service of the Summons and Complaint were executed upon Bradley Ellison, person authorized by the Agent to accept service for the Party in item 3.a. in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 13, 2010 Filing 21 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant R.L. Fashions of Cabazon CA, LLC served on 7/30/2010, answer due 8/20/2010. Service of the Summons and Complaint were executed upon Bradley Ellison, person authorized by the Agent to accept service for the Party in item 3.a. in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 12, 2010 Filing 20 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant Barney's, Inc. served on 7/30/2010, answer due 8/20/2010. Service of the Summons and Complaint were executed upon Bradley Ellison, person authorized by the Agent to accept service for the Party in item 3.a. in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 12, 2010 Filing 19 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant Jockey International Global, Inc. served on 7/30/2010, answer due 8/20/2010. Service of the Summons and Complaint were executed upon Bradley Ellison, person authorized by the Agent to accept service for the Party in item 3.a. in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 12, 2010 Filing 18 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant Phillips-Van Heusen Corp. served on 7/30/2010, answer due 8/20/2010. Service of the Summons and Complaint were executed upon Bradley Ellison, person authorized by the Agent to accept service for the Party in item 3.a. in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 12, 2010 Filing 17 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant Presidio International, Inc. served on 7/30/2010, answer due 8/20/2010. Service of the Summons and Complaint were executed upon Bradley Ellison, person authorized by the Agent to accept service for the Party in iten 3.a. in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 12, 2010 Filing 16 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant The Donna Kara Company Store, LLC served on 7/30/2010, answer due 8/20/2010. Service of the Summons and Complaint were executed upon Bradle Ellison, person authroized by the Agent to accept service for the Party in item 3.a. in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 12, 2010 Filing 15 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant Volcom Retail, Inc. served on 8/5/2010, answer due 8/26/2010. Service of the Summons and Complaint were executed upon Tara Stevens, Receptionist in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Hubbard, Lynn)
August 12, 2010 Filing 14 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant Converse, Inc. served on 8/3/2010, answer due 8/24/2010. Service of the Summons and Complaint were executed upon Brendon Sjelin, Authorized Agent in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 12, 2010 Filing 13 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant Nike Retail Services, Inc. served on 8/3/2010, answer due 8/24/2010. Service of the Summons and Complaint were executed upon Brendon Sjelin, Authorized Agent in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 12, 2010 Filing 12 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant Cole Grant, Inc. served on 8/3/2010, answer due 8/24/2010. Service of the Summons and Complaint were executed upon Maria Sanchez, Process Clerk-Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 12, 2010 Filing 11 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant Zumiez, Inc. served on 8/3/2010, answer due 8/24/2010. Service of the Summons and Complaint were executed upon Maria Sanchez, Process Clerk-Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 12, 2010 Filing 10 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant Banana Republic, LLC served on 8/3/2010, answer due 8/24/2010. Service of the Summons and Complaint were executed upon Maria Sanchez-Process Clerk-Authorized in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 12, 2010 Filing 9 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant QS Retail, Inc. served on 8/2/2010, answer due 8/23/2010. Service of the Summons and Complaint were executed upon Jane "J. Casarez" Doe, Receptionist in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Hubbard, Lynn)
August 12, 2010 Filing 8 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant Eddie Bauer served on 8/3/2010, answer due 8/24/2010. Service of the Summons and Complaint were executed upon Maria Sanchez, Process Clerk-Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 12, 2010 Filing 7 PROOF OF SERVICE Executed by Plaintiff Chris Kohler, upon Defendant Billabong Retail, Inc. served on 8/3/2010, answer due 8/24/2010. Service of the Summons and Complaint were executed upon Bryan M. Friedman, Agent for Service in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Hubbard, Lynn)
August 9, 2010 Filing 6 MINUTES OF IN CHAMBERS ORDER TO SHOW CAUSE RE IMPROPER JOINDER held before Judge Philip S. Gutierrez: The Court ORDERS Plaintiff to show cause in writing on or before 8/30/2010, why Defendants are not improperly joined in this action under Rule 20(a)(2). (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
July 21, 2010 Opinion or Order Filing 5 STANDING ORDER regarding Newly Assigned Cases (See document for further details) by Judge Philip S. Gutierrez. (ir)
July 21, 2010 Filing 4 MINUTES OF IN CHAMBERS ORDER re CASE TRANSFERRED TO JUDGE GUTIERREZ held before Judge Philip S. Gutierrez: PLEASE TAKE NOTICE that this action has been reassigned to the Honorable Philip S. Gutierrez, United States District Judge. Please substitute the initials PSG in place of the initials MMM. The case number will now read: CV 10-4680-PSG (PJWx). Henceforth, it is imperative that the initials PSG be used on all documents to prevent any delays in processing of documents. (see document for further details) (bm)
July 21, 2010 Opinion or Order Filing 3 ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 08-05 by Judge Margaret M. Morrow. Case transferred from Judge Margaret M. Morrow to the calendar of Judge Philip S. Gutierrez for all further proceedings. Case number now reads as CV10-04680 PSG (PJWx). (at)
June 24, 2010 Filing 2 NOTICE TO PARTIES OF ADR PROGRAM filed.(car)
June 24, 2010 Filing 1 COMPLAINT against Defendants Banana Republic, LLC, Barney's, Inc., Billabong Retail, Inc., Cole Grant, Inc., Converse, Inc., Eddie Bauer, Grace Holmes, Inc., Jockey International Global, Inc., Nike Retail Services, Inc., PHV Retail Stores, Inc., Phillips-Van Heusen Corp., Presidio International, Inc., QS Retail, Inc., R.L. Fashions of Cabazon CA, LLC, The Donna Kara Company Store, LLC, Volcom Retail, Inc., Zumiez, Inc..Case assigned to Judge Margaret M. Morrow for all further proceedings. Discovery referred to Magistrate Judge Patrick J Walsh.(Filing fee $ 350 PAID), filed by plaintiff Chris Kohler.(car) (Additional attachment(s) added on 7/6/2010: #1 part 2, #2 part 3) (mg).
June 24, 2010 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Banana Republic, LLC, Barney's, Inc., Billabong Retail, Inc., Cole Grant, Inc., Converse, Inc., Eddie Bauer, Grace Holmes, Inc., Jockey International Global, Inc., Nike Retail Services, Inc., PHV Retail Stores, Inc., Phillips-Van Heusen Corp., Presidio International, Inc., QS Retail, Inc., R.L. Fashions of Cabazon CA, LLC, The Donna Kara Company Store, LLC, Volcom Retail, Inc., Zumiez, Inc. (car)

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Search for this case: Chris Kohler v. Presidio International, Inc.
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Defendant: QS Retail, Inc.
Represented By: Jason A Weiss
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Defendant: PHV Retail Stores, Inc.
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Defendant: The Donna Kara Company Store, LLC
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Defendant: Phillips-Van Heusen Corp.
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Defendant: Converse, Inc.
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Defendant: Zumiez, Inc.
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Defendant: Banana Republic, LLC
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Defendant: Barney's, Inc.
Represented By: Martin H Orlick
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Defendant: Volcom Retail, Inc.
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Defendant: Eddie Bauer
Represented By: Myra B Villamor
Represented By: Maximilian Jo
Represented By: Andrew C Crane
Represented By: Jonathan D Meer
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Defendant: R.L. Fashions of Cabazon CA, LLC
Represented By: Timothy Blair Nelson
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Defendant: Billabong Retail, Inc.
Represented By: Robert Joseph Gerard, Jr
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Defendant: Nike Retail Services, Inc.
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Defendant: Cole Grant, Inc.
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Defendant: Grace Holmes, Inc.
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Defendant: Jockey International Global, Inc.
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Defendant: Presidio International, Inc.
Represented By: Jeanette E Laba
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Defendant: Presidio International, Inc. doing business as Armani Exchange #215
Represented By: Jeanette E Laba
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Defendant: Banana Republic, LLC doing business as Banana Republic Factory Store #1770
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Defendant: Billabong Retail, Inc. doing business as Billabong Outlet #203
Represented By: Robert Joseph Gerard, Jr
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Defendant: Converse, Inc. doing business as Converse Outlet Store No. 33
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Defendant: The Donna Kara Company Store, LLC doing business as Donna Karan NY No. 108
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Defendant: Eddie Bauer a Delaware LLC doing business as Eddie Bauer Outlet #R162
Represented By: Andrew C Crane
Represented By: Jonathan D Meer
Represented By: Maximilian Jo
Represented By: Myra B Villamor
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Defendant: PHV Retail Stores, Inc. doing business as Izod #791
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Defendant: Grace Holmes, Inc. doing business as J. Crew #00031
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Defendant: Jockey International Global, Inc. doing business as The Jockey Store #077
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Defendant: Cole Grant, Inc. doing business as Kenneth Cole #5026
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Defendant: Nike Retail Services, Inc. doing business as Nike Factory Store #0038
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Defendant: R.L. Fashions of Cabazon CA, LLC doing business as Polo Ralph Lauren Factory Store #65
Represented By: Timothy Blair Nelson
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Defendant: QS Retail, Inc. doing business as Quicksilver Factory Store #0815
Represented By: Jason A Weiss
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Defendant: Phillips-Van Heusen Corp. doing business as Van Heusen #224
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Defendant: Volcom Retail, Inc. doing business as Volcom #0009
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Defendant: Zumiez, Inc. doing business as Zumiez #188
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Claimant: Bed Bath and Beyond
Represented By: Martin H Orlick
Represented By: Matthew S Kenefick
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Alternative dispute resolution (adr) provider: John P Daniels
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Plaintiff: Chris Kohler
Represented By: Stephanie Lilian Ross
Represented By: Khushpreet R Mehton
Represented By: Scottlynn J Hubbard, IV
Represented By: Lynn Hubbard, III
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