Carmen John Perri v. Phuket Thai Restaurant et al
| Carmen John Perri |
| DOES 1-10, JULIE COFFIN, Trustee of THE 1979 EHRLICH INVESTMENT TRUST, PHUKET THAI RESTAURANT, a business of unknown form, Julie Coffin, MORT LASKI and Phuket Thai Restaurant |
| 2:2018cv04785 |
| May 30, 2018 |
| US District Court for the Central District of California |
| John A Kronstadt |
| Karen L Stevenson |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 Americans With Disabilities Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 6, 2019. A more recent docket listing may be available from PACER.
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Filing 41
ORDER DISMISSING CASE WITHOUT PREJUDICE by Judge John A. Kronstadt. Case Terminated. Made JS-6. Dkt. #40 . (ake)
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| Filing 40 NOTICE of Settlement filed by Plaintiff Carmen John Perri. (Manning, Joseph) |
| Filing 39 NOTICE of Change of address by Joseph Richard Manning, Jr attorney for Plaintiff Carmen John Perri. Changing attorneys address to 20062 SW Birch Street, Suite 200, Newport Beach, CA 92660. Filed by Plaintiff Carmen John Perri. (Manning, Joseph) |
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Filing 38
(IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE RE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR PLAINTIFF'S FAILURE TO FOLLOW THE COURTS ORDERS (DKT. 34 ) by Judge John A. Kronstadt: The Court has received and reviewed Joseph R. Manning's timely-filed declaration regarding his failure to adhere to the Court's Orders. Dkt. 34. The Court discharges the Order to Show Cause. Should there be another violation by counsel in this matter, sanctions will be imposed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 37 DECLARATION of Joseph R. Manning Jr. re Text Only Scheduling Notice,,,, 34 in response to OSC filed by Plaintiff Carmen John Perri. (Manning, Joseph) |
| Filing 36 PROOF OF SERVICE filed by Plaintiff Carmen John Perri, re Amended Complaint/Petition #35 served on 2/14/2019. (Manning, Joseph) |
| Filing 35 First AMENDED COMPLAINT against Defendant Julie Coffin amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Carmen John Perri(Manning, Joseph) |
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Filing 34
(IN CHAMBERS) ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR PLAINTIFF'S FAILURE TO FOLLOW THE COURTS ORDERS (DKT. 33 ) by Judge John A. Kronstadt: The Court issues an Order to Show Cause as to why sanctions in the amount of $250 should not be imposed on Plaintiff's continued failure to follow the Court's Orders. The most recent failure by Plaintiff is not complying with the Court's February 6, 2019 Order by filing a First Amended Complaint by February 13, 2019. Accordingly, the Court directs that Plaintiff file a declaration under penalty of perjury as to why sanctions in the amount of $250 should not be imposed. The declaration and First Amended Complaint shall be filed no later than February 15, 2019. The First Amended Complaint shall be served on Defendant and a proof of service shall also be filed by February 15, 2019. Upon review of the declaration, the Court will determine whether to impose sanctions. Plaintiff's failure to file the declaration or First Amended Complaint will result in the automatic imposition of sanctions in the amount of $250. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 33
(IN CHAMBERS) ORDER RE SERVICE OF ORDER RE JOINT STIPULATION TO SET ASIDE ENTRY OF DEFAULT AND DEFAULT JUDGMENT (DKT. #30 ) by Judge John A. Kronstadt: On January 16, 2019, the Court granted the Stipulation to set aside the default (Dkt. #18 ) and Default Judgment (Dkt. #28 ) as to Defendant Julie Coffin (the "Order"). The Order called for Defendant Coffin to respond to the Complaint no later than January 31, 2019. Because Coffin has not made an appearance, Plaintiff was directed to serve her with the Order and file a proof of service no later than January 31, 2019. Plaintiff failed to serve Defendant with the Order. On February 1, 2019, the Court issued a second Order instructing Plaintiff to serve the Order on Defendant Coffin and file a proof of service no later than February 4, 2019. Dkt. 31 . Plaintiff filed a proof of service (Dkt. #32 ) (the "POS"). The POS states that: (i) the Order was served on February 4, 2019 by U.S. Mail; and (ii) the person served was F. James Feffer, counsel for Mort Laski (erroneously sued as Defendant Julie Coffin, Trustee of the 1979 Ehrlich Investment Trust). Because the deadline for Defendant Coffin's response has passed and because it appears that the Defendant is not properly named, the Court orders the following: 1. On or before February 13, 2019, Plaintiff shall file a First Amended Complaint with Defendant(s) properly named; 2. The First Amended Complaint and this Order shall be served on Defendant(s) and a proof of service shall be filed no later than February 14, 2019; and 3. Any response to the First Amended Complaint shall be filed no later than February 21, 2019. Plaintiff's counsel is reminded to adhere to the deadlines set by this Court so that judicial and party resources are preserved. A failure to do so may result in the imposition of monetary sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 32 CERTIFICATE OF SERVICE filed by Plaintiff Carmen John Perri, re Text Only Scheduling Notice,,, 31 , Order,,, #30 served on 2/4/2019. (Manning, Joseph) |
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Filing 31
(IN CHAMBERS) ORDER DIRECTING COUNSEL TO ADHERE TO COURT'S ORDER AND FILE PROOF OF SERVICE (DKT. #30 ) by Judge John A. Kronstadt: On January 16, 2019, the Court set aside the default against Defendant Julie Coffin, reopened the action, and set a deadline for the filing of a responsive pleading (Dkt. #30 ) (the "Order"). The Court ordered Plaintiff to serve the Order on Defendant Julie Coffin and file a proof of service no later than January 18, 2019. A proof of service has not been filed. Plaintiff shall file the proof of service by February 4, 2019, indicating that the Order was served on Plaintiff before the January 18, 2019 deadline. Counsel are reminded to adhere to the deadlines set by the Court. Any future failure to do so may result in the imposition of sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 30
ORDER RE JOINT STIPULATION TO SET ASIDE ENTRY OF DEFAULT AND DEFAULT JUDGMENT (DKT. 29) by Judge John A. Kronstadt. IT IS HEREBY ORDERED, pursuant to the Stipulation of counsel (the Stipulation) (Dkt. 29), that the Stipulation is GRANTED as follows: The Default of Defendant Julie Coffin, Trustee of the 1979 Enrlich Investment Trust, entered on the Complaint filed by Plaintiff Carmen John Perri on August 30, 2018 (Dkt. 18) is set aside. Defendant Julie Coffin, Trustee of the 1979 Enrlich Investment Trust, shall file an Answer to the Complaint no later than January 31, 2019. Defendant Julie Coffin, Trustee of the 1979 Enrlich Investment Trust, shall file an Answer to the Complaint no later than January 31, 2019 (See order for further details) #29 (yl)
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| Filing 29 Joint STIPULATION to Set Aside Default as to JULIE COFFIN, Trustee of THE 1979 EHRLICH INVESTMENT TRUST filed by Plaintiff Carmen John Perri. (Attachments: #1 Proposed Order)(Manning, Joseph) |
| Filing 28 DEFAULT JUDGMENT by Judge John A. Kronstadt. It is hereby ordered and adjudged that Plaintiff CARMEN JOHN PERRI shall have JUDGMENT in his favor against Defendant JULIE COFFIN, Trustee of THE 1979 ENRLICH INVESTMENT TRUST as follows: (1) Defendants are enjoined from further violations of the ADA, 42 U.S.C. 12181, et. seq. and UCRA Civil Code 51 et. seq., and shall provide an ADA compliant premises at 901 N. Pacific Coast Hwy #100B, Redondo Beach, CA 90277, to the extent that is readily achievable; (2) $4,000 in statutory damages pursuant to Cal. Civ. Code 52(a); and (3) Attorneys fees and costs of $2,200.00., in the principal amount of $$4,000, interest in the amount of $0.00, attorneys fees of $2200.00, costs of $0.00 for a total judgment of $6200.00. Related to: APPLICATION for Default Judgment #24 . ( MD JS-6. Case Terminated ) (lom) |
| Filing 27 NOTICE OF LODGING filed Amended Proposed Judgment re Order on Motion for Default Judgment,, Motion Hearing, #26 (Attachments: #1 Exhibit, #2 Proposed Order)(Manning, Joseph) |
| Filing 26 MINUTES OF Plaintiff's Motion for Default Judgment re Defendant Julie Coffin (DKT #24 ) before Judge John A. Kronstadt: The Court adheres to its tentative views, and the Motion is GRANTED IN PART. Default judgment shall be entered in favor of Plaintiff, and attorney's fees and costs in the amount of $2200 are awarded. Plaintiff shall submit an amended proposed judgment consistent with this Order no later than 12/14/2018. Court Reporter: Alex Joko. (jp) |
| Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph Richard Manning, Jr counsel for Plaintiff Carmen John Perri. Filed by Plaintiff Carmen John Perri. (Manning, Joseph) |
| Filing 24 APPLICATION for Default Judgment against Defendant Julie Coffin, Trustee of The 1979 Enrlich Investment Trust filed by Plaintiff Carmen John Perri. Application set for hearing on 12/10/2018 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum, #2 Exhibit Index of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit Proof of Service, #9 Proposed Order) (Manning, Joseph) |
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Filing 23
(IN CHAMBERS) ORDER SETTING HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AS TO DEFENDANT JULIE COFFIN (DKT. #18 ) by Judge John A Kronstadt: On August 30, 2018, default was entered against Defendant, Julie Coffin. Dkt. 18. The Court sets the hearing on the motion for default judgment for December 10, 2018 at 8:30 am, which shall be served on Defendant and filed with the Court no later than November 5, 2018. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 22
ORDER RE VOLUNTARY DISMISSAL OF PHUKET THAI RESTAURANT WITH PREJUDICE ONLY by Judge John A. Kronstadt, re Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) #21 , Phuket Thai Restaurant (a business of unknown form) terminated. (bp)
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| Filing 21 NOTICE OF DISMISSAL filed by Plaintiff Carmen John Perri pursuant to FRCP 41a(1) as to Phuket Thai Restaurant. (Attachments: #1 Proposed Order)(Manning, Joseph) |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES RE NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE (DKT. #19 ) by Judge John A. Kronstadt: Please take notice that pursuant to Local Rule 5-4 and/or the Federal Rules of Civil Procedure, the following deficiency(ies) has been found with your electronically filed document: The Notice requests the Court to enter a dismissal with prejudice. Pursuant to L.R. 52-4.1, a proposed order shall be e-filed as a separate attachment to any document seeking Court approval or the entry of an order. Counsel shall file a "Notice of Lodging of Proposed Order Re..." with the proposed order e-filed as an attachment to the notice by September 10, 2018. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY |
| Filing 19 NOTICE of Voluntary Dismissal filed by Plaintiff Carmen John Perri. Dismissal is With Prejudice. (Manning, Joseph) |
| Filing 18 [*SET ASIDE**] DEFAULT BY CLERK F.R.Civ.P.55(a) as to Julie Coffin (bp) Modified on 1/17/2019 (yl). |
| Filing 17 REQUEST for Clerk to Enter Default against DEFENDANT Julie Coffin filed by Plaintiff Carmen John Perri. (Attachments: #1 Declaration) (Manning, Joseph) |
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Filing 16
(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION AS TO DEFENDANT JULIE COFFIN by Judge John A. Kronstadt: The Court, on its own motion, orders Plaintiff to show cause in writing no later than September 4, 2018, why this Defendant should not be dismissed for lack of prosecution. Pursuant to Rule 55 of the Federal Rules of Civil Procedure, Plaintiff shall file an application requesting the entry of default. Plaintiff is advised that the Court will consider the filing of an application, which complies with the federal rules, on or before the date upon which the response is due, as a satisfactory response to the Order to Show Cause. The Order to Show Cause will stand submitted upon the filing of an appropriate response. No oral argument will be heard unless otherwise ordered by the Court. Failure to respond will result in the dismissal of this Defendant. #13 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 15
(IN CHAMBERS) ORDER SETTING ORDER TO SHOW CAUSE RE DISMISSAL RE DEFENDANT PHUKET THAI RESTAURANT (DKT. #14 ) by Judge John A. Kronstadt: On August 9, 2018, Plaintiff filed a Notice of Settlement as to Defendant Phuket Thai Restaurant. Dkt. #14 . The Court sets an Order to Show Cause re Dismissal for October 1, 2018 at 1:30 pm. If the parties file a dismissal by September 21, 2018, the matter will be taken off calendar and no appearance by counsel will be required. All dates and deadlines with respect to this Defendant are vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 14 NOTICE of Settlement as to Phuket Thai Restaurant Only filed by Plaintiff Carmen John Perri. (Manning, Joseph) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Carmen John Perri, upon Defendant Julie Coffin served on 7/24/2018, answer due 8/14/2018. in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Manning, Joseph) |
| Filing 12 STIPULATION Extending Time to Answer the complaint as to Phuket Thai Restaurant answer now due 8/9/2018, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Phuket Thai Restaurant.(Attorney Hyunsuk A Chang added to party Phuket Thai Restaurant(pty:dft))(Chang, Hyunsuk) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Carmen John Perri, upon Defendant Phuket Thai Restaurant served on 7/5/2018, answer due 7/26/2018. in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Manning, Joseph) |
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Filing 10
STANDING ORDERS FOR CIVIL CASES by Judge John A. Kronstadt. (lom)
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Julie Coffin. (et) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Phuket Thai Restaurant. (et) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Karen L. Stevenson. (et) |
| Filing 5 CERTIFICATE AND NOTICE of Interested Parties filed by Plaintiff Carmen John Perri, (Manning, Joseph) |
| Filing 4 CIVIL COVER SHEET filed by Plaintiff Carmen John Perri. (Manning, Joseph) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Carmen John Perri. (Manning, Joseph) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Carmen John Perri. (Manning, Joseph) |
| Filing 1 COMPLAINT Receipt No: 0973-21839066 - Fee: $400, filed by Plaintiff Carmen John Perri. (Attorney Joseph Richard Manning, Jr added to party Carmen John Perri(pty:pla))(Manning, Joseph) |
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