Brian Whitaker v. BOP FIGAT7TH LLC et al
| Brian Whitaker |
| Does 1-10, BOP FIGAT7TH LLC, California Pizza Kitchen, Inc., and California Pizza Kitchen, Inc. |
| Michael G Balmages |
| 2:2018cv01360 |
| February 19, 2018 |
| US District Court for the Central District of California |
| Charles F Eick |
| Ronald SW Lew |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Defendant |
Docket Report
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This docket was last retrieved on May 2, 2019. A more recent docket listing may be available from PACER.
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Filing 39
ORDER RE: Defendants' Application to Tax Costs by Judge Ronald S.W. Lew: Denying #35 Application to Clerk to Tax Costs. (twdb) Modified on 5/3/2019 (twdb).
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| Filing 38 RESPONSE filed by Defendants BOP FIGAT7TH LLC, California Pizza Kitchen, Inc.to Objection #36 to the Application to Tax Costs (Link, James) |
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Filing 37
TEXT ONLY ORDER by Judge Ronald S.W. Lew: Because costs are only awarded to a defendant in an ADA action if the court finds that the action was frivolous, unreasonable, or without foundation, Defendants are hereby ORDERED to file a Response to Plaintiff's Objections to the Application to Tax Costs #36 as to why this Action was not frivolous and why Defendants are entitled to costs. Response due by 5/1/2019. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre)
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| Filing 36 OBJECTIONS to APPLICATION to the Clerk to Tax Costs against Plaintiff Brian Whitaker re: Judgment, #34 , #35 filed by Plaintiff Brian Whitaker. (Gunderson, Sara) |
| Filing 35 APPLICATION to the Clerk to Tax Costs against Plaintiff Brian Whitaker re: Judgment, #34 , filed by Defendants California Pizza Kitchen, Inc., BOP FIGAT7TH LLC. (Link, James) |
| Filing 34 JUDGMENT by Judge Ronald S.W. Lew. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that judgment is entered in favor of Defendants as to Plaintiff's ADA claim, in accordance with this Court's previous Order granting Defendants' Motion for Summary Judgment. As no defendants remain in this Action, and Plaintiff's only other claim has been dismissed withoutprejudice to refiling in state court, this Action is closed.(MD JS-6, Case Terminated). (lom) |
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Filing 33
ORDER re: Defendants' Motion for Summary Judgment #23 ; Plaintiff's Motion for Partial Summary Judgment #25 by Judge Ronald S.W. Lew. Based on the foregoing, the Court (1) GRANTS Defendants' Motion #23 as to the ADA claim;(2) DISMISSES WITHOUT PREJUDICE to refiling in state court the remaining Unruh Act claim; and (3) DENIES as MOOT Plaintiff's Motion for Partial Summary Judgment #25 . (lom)
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Filing 32
TEXT ONLY ORDER (IN CHAMBERS) by Judge Ronald S.W. Lew: The hearings on: 1) Defendants Motion for Summary Judgment #23 and 2) Plaintiffs Motion for Partial Summary Judgment (filed 1/21/2019) #25 , both set for 2/26/2019, at 10:00 am, are hereby vacated and taken OFF-CALENDAR. The motions are suitable for decision without oral argument and stand SUBMITTED. No appearance necessary on 2/26/2019. The Court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 31 REPLY support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint ; Memorandum of Points and Authorities #23 filed by Plaintiff Brian Whitaker. (Masanque, Isabel) |
| Filing 30 MEMORANDUM of Points and Authorities in Support filed by Defendants BOP FIGAT7TH LLC, California Pizza Kitchen, Inc.. In Reply To Opposition To Motion for Summary Judgment (Link, James) |
| Filing 29 OPPOSITION and Response to Defendants Statement of Uncontroverted Facts filed by Plaintiff Brian Whitaker. (Masanque, Isabel) |
| Filing 28 OPPOSITION re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint ; Memorandum of Points and Authorities #23 filed by Plaintiff Brian Whitaker. (Masanque, Isabel) |
| Filing 27 STATEMENT of Of Genuine Disputes In Opposition To Plaintiffs Motion For Partial Summary Judgment NOTICE OF MOTION AND MOTION for Partial Summary Judgment #25 filed by Defendants BOP FIGAT7TH LLC, California Pizza Kitchen, Inc.. (Link, James) |
| Filing 26 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment #25 filed by Defendants BOP FIGAT7TH LLC, California Pizza Kitchen, Inc.. (Attachments: #1 Declaration of James S. Link in Opposition to Motion for Partial Summary Judgment, #2 Exhibit A, #3 Exhibit B)(Link, James) |
| Filing 25 NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Plaintiff Brian Whitaker. Motion set for hearing on 2/26/2019 at 10:00 AM before Judge Ronald S.W. Lew. (Attachments: #1 PNA, #2 SUF, #3 Proposed Order, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Proof of Service) (Gunderson, Sara) |
| Filing 24 NOTICE of Appearance filed by attorney Sara Gunderson on behalf of Plaintiff Brian Whitaker (Attorney Sara Gunderson added to party Brian Whitaker(pty:pla))(Gunderson, Sara) |
| Filing 23 NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint ; Memorandum of Points and Authorities filed by Defendants BOP FIGAT7TH LLC, California Pizza Kitchen, Inc.. Motion set for hearing on 2/26/2019 at 10:00 AM before Judge Ronald S.W. Lew. (Attachments: #1 Declaration Of James S. Link in Support of Motion For Summary Judgment, #2 Exhibit 1, #3 Exhibit 4, #4 Declaration of Patrick Wong in Support Of Motion For Summary Judgment, #5 Exhibit 2, #6 Exhibit 3, #7 Proposed Order Statement Of Uncontroverted Facts and Conclusions of Law, #8 Proposed Order For Summary Judgment) (Link, James) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Phyl Grace counsel for Plaintiff Brian Whitaker. Isabel Masanque is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Brian Whitaker. (Grace, Phyl) |
| Filing 21 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Michael Balmages may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Brian Whitaker(Grace, Phyl) |
| Filing 20 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Michael G Balmages has been assigned to serve as Panel Mediator. (mb) |
| Filing 19 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Michael Balmages may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Brian Whitaker(Grace, Phyl) |
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Filing 18
AMENDED MINUTE ORDER (IN CHAMBERS) by Judge Ronald S.W. Lew: The Scheduling Conference, set for May 1, 2018, at 10:00 a.m., is hereby ADVANCED to this date and taken OFF-CALENDAR. No appearance necessary on May 1, 2018. The Court finds the matter suitable for decision without oral argument and sets the following dates:Final Pretrial Conference is set for 6/25/2019 at 10:00 a.m. and the Jury Trial is set for 7/30/2019 at 9:00 a.m. (see minutes for further details)(Amended to correct Last date of Amend Pleadings deadline to 7-24-18) (jre)
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Filing 17
MINUTE ORDER (IN CHAMBERS) by Judge Ronald S.W. Lew: The Scheduling Conference, set for May 1, 2018, at 10:00 a.m., is hereby ADVANCED to this date and taken OFF-CALENDAR. No appearance necessary on May 1, 2018. The Court finds the matter suitable for decision without oral argument and sets the following dates:Final Pretrial Conference is set for 6/25/2019 at 10:00 a.m. and the Jury Trial is set for 7/30/2019 at 9:00 a.m. (see minutes for further details) (yl)
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Filing 16
ORDER/REFERRAL to ADR Procedure No 2 by Judge Ronald S.W. Lew. This case is referred to the ADR Program. Within twentyone (21) days, plaintiff shall obtain the consent of a neutral listed on the Courts Mediation Panel who will conduct the mediation, and file form ADR-2, Stipulation Regarding Selection of Panel Mediator. (yl)
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| Filing 15 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Brian Whitaker.. (Price, Dennis) |
| Filing 14 Notice of Withdrawal of Proof of Service (subsequent documents) #13 filed by plaintiff Brian Whitaker. (Ballister, Raymond) |
| Filing 13 DOCUMENT WITHDRAWN PURSUANT TO NOTICE OF WITHDRAWAL E-FILED 4/4/18 - PROOF OF SERVICE filed by plaintiff Brian Whitaker, re Notice to Parties ADA Disability Access Litigation (ADR-20) #8 served on March 23, 2018. (Ballister, Raymond) Modified on 4/5/2018 (shb). |
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Filing 12
MINUTE ORDER (IN CHAMBERS) SETTING SCHEDULING CONFERENCE by Judge Ronald S.W. Lew. Scheduling Conference set for 5/1/2018, 10:00 AM, First Street Courthouse, 350 W. First Street, Los Angeles, CA 90012. Courtroom location to be determined. The conference will be held pursuant to F.R.Civ.P. 16(b). The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference and report to the Court not later than 14 days after they confer as required by F.R.Civ.P. 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. SEE ORDER FOR COMPLETE DETAILS. (jre)
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| Filing 11 CERTIFICATE of Interested Parties filed by Defendants BOP FIGAT7TH LLC, California Pizza Kitchen, Inc., identifying None. (Link, James) |
| Filing 10 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendants BOP FIGAT7TH LLC, California Pizza Kitchen, Inc..(Attorney James S Link added to party BOP FIGAT7TH LLC(pty:dft), Attorney James S Link added to party California Pizza Kitchen, Inc.(pty:dft))(Link, James) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Brian Whitaker, upon Defendant BOP FIGAT7TH LLC served on 2/28/2018, answer due 3/21/2018. Service of the Summons and Complaint were executed upon Agent for Service:Corporation Service Company; Lynanne Gares, Litigation Management Services Leader in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Masanque, Isabel) |
| Filing 8 Notice to Parties: ADA Disability Access Litigation. SEE ORDER FOR DEADLINES AND FURTHER INSTRUCTIONS. (jre) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants BOP FIGAT7TH LLC, California Pizza Kitchen, Inc. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Charles F. Eick. (ghap) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Planitiff Brian Whitaker. (Masanque, Isabel) |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Brian Whitaker, (Masanque, Isabel) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Brian Whitaker. (Masanque, Isabel) |
| Filing 1 COMPLAINT Receipt No: 0973-21279947 - Fee: $400, filed by Planitiff Brian Whitaker. (Attorney Isabel Rose Masanque added to party Brian Whitaker(pty:pla))(Masanque, Isabel) |
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