Acapulco Inn Holdings, LLC et al v. City of Long Beach et al
| Tracy Alcantar, Aristides Gascon and Acapulco Inn Holdings, LLC |
| Jerome Chiaro, Alexandra Romero, Timothy Moriarity, Eugene Rotondo, Perry Thatch, Eric Golz, James Wieser, Anthony Serrano, City of Long Beach, Brian Dapello, Anthony W. Trujillo, Jose Flores, Matthew George, James F. Strahmann, Sgt. Jose Flores, Does 1 through 10, inclusive, Sgt. Eric Golz, Belmont Station, Inc., James F Stahmann, Perry Thach, James A Wieser and John Austin |
| Angelo Tavlarides and Mary Tavlarides |
| Jean M Lawler |
| 2:2018cv08274 |
| September 24, 2018 |
| US District Court for the Central District of California |
| Jesus G Bernal |
| Manuel L Real |
| Alka Sagar |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.
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| Filing 57 NOTICE OF UNAVAILABILITY OF COUNSEL filed by Defendants City of Long Beach, Brian Dapello, Matthew George, Alexandra Romero, James F. Strahmann. (Peters, Matthew) |
| Filing 56 STATUS REPORT Pursuant to Court's February 26, 2020 Order Re Stipulation to Stay Case filed by Defendant City of Long Beach. (Attachments: #1 Exhibit Case No. 19LBCV00214 Order Continuing Trial and FSC Dates)(Peters, Matthew) |
| Filing 55 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order (1) DENYING Defendants Motion to Lift Stay Order to Enter Judgment (Dkt. No. #51 ). SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
| Filing 54 SCHEDULING NOTICE by Judge Jesus G. Bernal. The Court finds the MOTION for Relief From Stay and Entry of Partial Final Judgment (Doc. No. 51) is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on 4/6/2020. The motion stands submitted. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY |
| Filing 53 REPLY Reply to Opposition of Motion NOTICE OF MOTION AND MOTION to Lift Stay re Lift Stay Order to Enter Judgment NOTICE OF MOTION AND MOTION for Entry of Judgment pursuant to Rule 54(b) #51 filed by Defendants John Austin, Timothy Moriarity, Eugene Rotondo, James A Wieser. (Foster, Richard) |
| Filing 52 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Lift Stay re Lift Stay Order to Enter Judgment NOTICE OF MOTION AND MOTION for Entry of Judgment pursuant to Rule 54(b) #51 Plaintiffs Memorandum of Points and Authorities in Opposition to Defendants Motion to Lift Stay on Case to Award Judgment to Private Defendants filed by Plaintiffs Acapulco Inn Holdings, LLC, Tracy Alcantar, Aristides Gascon. (Steering, Jerry) |
| Filing 51 NOTICE OF MOTION AND MOTION to Lift Stay re Lift Stay Order to Enter Judgment , NOTICE OF MOTION AND MOTION for Entry of Judgment pursuant to Rule 54(b) filed by Defendants John Austin, Timothy Moriarity, Eugene Rotondo, James A Wieser. Motion set for hearing on 4/6/2020 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 PROPOSED JUDGMENT) (Foster, Richard) |
Filing 50
ORDER by Judge Jesus G. Bernal, Granting Stipulation to Stay Case #47 . This action is stayed until further order of this court. Counsel are ordered to file a joint status report every 60 days beginning with the first report due on 4/27/20. (Made JS-6. Case Terminated.) (twdb)
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| Filing 49 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Jean M Lawler has been assigned to serve as Panel Mediator. (mb) |
| Filing 48 DECLARATION of Richard J. Foster re Stipulation to Stay Case, #47 filed by Defendants John Austin, Timothy Moriarity, Eugene Rotondo, James A Wieser. (Foster, Richard) |
| Filing 47 STIPULATION to Stay Case pending resolution of plaintiff's state court case filed by plaintiff Tracy Alcantar, Aristides Gascon. (Attachments: #1 Declaration Declaration of Jerry L. Steering in Support of Stipulation to Stay Case, #2 Proposed Order [Proposed] Order on Stipulation to Stay Case)(Steering, Jerry) |
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Filing 46
STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
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Filing 45
SCHEDULING NOTICE AND ORDER by Judge Jesus G. Bernal. This case has been assigned to the calendar of Judge Jesus G. Bernal. Counsel shall take notice that Judge Bernal is located in the Riverside Courthouse at 3470 Twelfth Street, Riverside, CA 92501, Courtroom 1. Counsel shall also take notice that the current trial schedule is changed as follows: Jury Trial shall remain set for June 9, 2020, at 9:00 a.m.; Final Pretrial Conference is reset to May 18, 2020, at 11:00 a.m.; and Dispositive Motion Cut-Off Date is reset to March 23, 2020, at 9:00 a.m. All other deadlines will remain unchanged. The parties shall familiarize themselves with Judge Bernal's Procedures and Schedules located on the Court's website. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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Filing 44
ORDER OF THE CHIEF JUDGE (#19-093) approved by Judge Virginia A. Phillips. IT IS ORDERED, with the concurrence of the Case Management and Assignment Committee, that the following cases be reassigned from the calendar of Judge Manuel L. Real to the calendar of Judge Jesus G. Bernal for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-08274 JGB (ASx). (esa)
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Filing 43
MINUTES (IN CHAMBERS) Order Re: Defendants' Motion for Judgment on the Pleadings by Judge R. Gary Klausner: On 8/27/2019, Defendants filed the instant motion ("Motion") as a Motion to Dismiss Plaintiffs' First Amended Complaint ("FAC") pursuant to Federal Rule of Civil Procedure ("Rule") 12(c) #39 . However, Rule 12(c) is a Motion for Judgment on the Pleadings. The Court treats Defendants' Rule 12(c) motion as a motion for judgment on the pleadings. The Court GRANTS in part and DENIES in part Defendants' Motion #39 . Counts VII (false arrest claim) and IX (Monell claim) of the FAC are DISMISSED. Defendants' Motion is denied in all other respects. Court Reporter: Not Reported. (gk)
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Filing 42
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Motion to Dismiss Case under FED. R. CIV. P. 12(c) filed by Defendant City of Long Beach, Brian Dapello, Matthew George, Alexandra Romero, James F Stahmann, Perry Thach #39 calendared for hearing on November 4, 2019, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbu) TEXT ONLY ENTRY
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| Filing 41 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss Case UNDER FED. R. CIV. P. 12(c) #39 filed by Defendants City of Long Beach, Brian Dapello, Matthew George, Alexandra Romero, James F Stahmann, Perry Thach. (Bevan, Kyle) |
| Filing 40 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case UNDER FED. R. CIV. P. 12(c) #39 filed by Plaintiff Acapulco Inn Holdings, LLC. (Attorney Brenton Aitken Hands added to party Acapulco Inn Holdings, LLC(pty:pla))(Hands, Brenton) |
| Filing 39 NOTICE OF MOTION AND MOTION to Dismiss Case UNDER FED. R. CIV. P. 12(c) filed by Defendant City of Long Beach, Brian Dapello, Matthew George, Alexandra Romero, James F Stahmann, Perry Thach. Motion set for hearing on 11/4/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Proposed Order) (Bevan, Kyle) |
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Filing 38
ORDER/REFERRAL to ADR Procedure No 2 by Judge R. Gary Klausner. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than April 24, 2020. (cch)
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| Filing 37 MINUTES OF Scheduling Conference held before Judge R. Gary Klausner. Amended Pleadings due by 10/30/2019. Discovery cut-off 3/12/2020. Motions due by 3/26/2020. Final Pretrial Conference set for 5/26/2020 at 09:00 AM. Jury Trial set for 6/9/2020 at 09:00 AM. Court Reporter: Sheri Kleeger. (cch) |
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Filing 36
SCHEDULING NOTICE AND ORDER by Judge R. Gary Klausner. Counsel and parties are hereby notified that this matter is set for a Scheduling Conference on Monday, September 23, 2019 at 9:30 a.m. before the Honorable R. Gary Klausner in Courtroom 880 of the Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Los Angeles, CA 90012. Counsel must be present and telephonic appearances are not permitted. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
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| Filing 35 JOINT REPORT of RULE 26(f) SCHEDULING CONFERENCE REPORT filed by Defendants City of Long Beach, Brian Dapello, Alexandra Romero, James F Stahmann, James F. Strahmann, Perry Thach, Perry Thatch. (Peters, Matthew) |
| Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Kyle Richard Bevan counsel for Defendants City of Long Beach, Brian Dapello, Matthew George, Alexandra Romero, James F Stahmann, Perry Thach. Adding Kyle R. Bevan as counsel of record for City of Long Beach, James F. Stahmann, Brian Dapello, Perry Tach, Matthew George and Alexandra Romero for the reason indicated in the G-123 Notice. Filed by Defendants City of Long Beach. (Attorney Kyle Richard Bevan added to party City of Long Beach(pty:dft), Attorney Kyle Richard Bevan added to party Brian Dapello(pty:dft), Attorney Kyle Richard Bevan added to party Matthew George(pty:dft), Attorney Kyle Richard Bevan added to party Alexandra Romero(pty:dft), Attorney Kyle Richard Bevan added to party James F Stahmann(pty:dft), Attorney Kyle Richard Bevan added to party Perry Thach(pty:dft))(Bevan, Kyle) |
| Filing 33 Pursuant to General Order 05-07, all discovery-related motions should be noticed for hearing before the assigned magistrate judge. Any pending discovery matters are hereby transferred to the assigned magistrate judge. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY |
| Filing 32 NOTICE TO COUNSEL AND PARTIES: The Honorable R. Gary Klausner, United States District Judge, will be handling this case pending reassignment. Until reassignment of this case, counsel and parties shall continue to send mandatory chambers copies of all electronically filed documents, to courtroom 880 on the 8th Floor of the Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Los Angeles, CA 90012, and send proposed orders to R_chambers@cacd.uscourts.gov. All appropriate oral and written communication shall continue to be directed to Christine Chung, Courtroom Deputy Clerk to Judge Real. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY |
| Filing 31 MINUTES - IN CHAMBERS by Judge R. Gary Klausner: Case previously closed in error #29 . (Case reopened. MD JS-5.) Court Reporter: Not Reported. (gk) |
| Filing 30 NOTICE of Change of address by Matthew Millette Peters attorney for Defendants City of Long Beach, Brian Dapello, Matthew George, Alexandra Romero, James F Stahmann, Perry Thach. Changing attorneys address to 411 West Ocean Blvd., 9th Floor, Long Beach, California 90802. Filed by Defendants City of Long Beach, Brian Dapello, Matthew George, Alexandra Romero, James F Stahmann, Perry Thach. (Peters, Matthew) |
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Filing 29
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS #20 by Judge Manuel L. Real. See document for details. (MD JS-6. Case Terminated) (gk)
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| Filing 28 MINUTES - IN CHAMBERS by Judge Manuel L. Real: Case previously closed in error. (Case reopened. MD JS-5.) Court Reporter: None Present. (gk) |
| Filing 27 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #20 Plaintiffs 2nd Corrected Opposition to Defendants Chiaro, Belmont and Trujillo Motion Dismiss 4-5-19 filed by Plaintiffs Acapulco Inn Holdings, LLC, Tracy Alcantar, Aristides Gascon. (Steering, Jerry) |
| Filing 26 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #20 Plaintiffs' Corrected Memo of Points & Authorities in Opposition to Defendants Belmont's-Chiaro's-Trujillo's-Motion to Dismiss filed by Plaintiffs Acapulco Inn Holdings, LLC, Tracy Alcantar, Aristides Gascon. (Steering, Jerry) |
| Filing 25 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #20 Plaintiffs' Corrected Memo of Points & Authorities in Opposition to Defendants Belmont's-Chiaro's-Trujillo's-Motion to Dismiss 1st Amended Complaint filed by Plaintiffs Acapulco Inn Holdings, LLC, Tracy Alcantar, Aristides Gascon. (Steering, Jerry) |
| Filing 24 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #20 Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendants Chiaro Belmont and Trujiloo Motion to Dismiss First Amended Complaint filed by Plaintiffs Acapulco Inn Holdings, LLC, Tracy Alcantar, Aristides Gascon. (Steering, Jerry) |
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Filing 23
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS by Judge Manuel L. Real: This Court deems Plaintiff's failure to oppose consent to grant the motion. IT IS HEREBY ORDERED that Defendants' Motion to Dismiss #16 is GRANTED. (MD JS-6. Case Terminated) (gk)
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Filing 22
TEXT ONLY SCHEDULING ORDER by Judge Manuel L. Real, The Court has determined that Motion to Dismiss First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by defendant John Austin, Timothy Moriarity, Eugene Rotondo, James A Wieser. #16 set for hearing on March 4, 2019 at 10:00 A.M. is suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said motion is taken UNDER SUBMISSION on the papers as filed and the hearing date of March 4, 2019 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbu) TEXT ONLY ENTRY
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Filing 21
ORDER DENYING PLAINTIFFS' EX PARTE APPLICATION TO CONTINUE HEARING ON DEFENDANTS EUGENE ROTONDO'S, TIMOTHY MORIARTY'S, JAMES A. WIESER'S AND JOHN AUSTIN'S MOTION TO DISMISS FIRST AMENDED COMPLAINT, OR IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT #18 by Judge Manuel L. Real. (gk)
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| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants Belmont Station, Inc., Jerome Chiaro, Anthony W. Trujillo. Motion set for hearing on 4/1/2019 at 10:00 AM before Judge Manuel L. Real. (Attorney Anthony W Trujillo added to party Belmont Station, Inc.(pty:dft), Attorney Anthony W Trujillo added to party Jerome Chiaro(pty:dft), Attorney Anthony W Trujillo added to party Anthony W. Trujillo(pty:dft)) (Trujillo, Anthony) |
| Filing 19 NOTICE OF LIEN filed by Judgment Creditors Angelo Tavlarides, Mary Tavlarides. (Crownover, Cara) |
| Filing 18 EX PARTE APPLICATION to Continue HEARING ON DEFENDANTS WEISER'S MORIARITY'S ROTONDO'S & AUSTIN'S MOTION TO DISMISS 1ST AMENDED COMPLAINT from March 4, 2019 to April 1, 2019 Re: First NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) #16 filed by Attorney for Plaintiffs Acapulco Inn Holdings, LLC, Tracy Alcantar, Aristides Gascon. (Attachments: #1 Declaration, #2 Proposed Order) (Steering, Jerry) |
| Filing 17 Certification and Notice of Interested Parties of Interested Parties filed by Defendant John Austin, Timothy Moriarity, Eugene Rotondo, James A Wieser, (Foster, Richard) |
| Filing 16 First NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by defendant John Austin, Timothy Moriarity, Eugene Rotondo, James A Wieser. Motion set for hearing on 3/4/2019 at 10:00 AM before Judge Manuel L. Real. (Attorney Richard J Foster added to party John Austin(pty:dft), Attorney Richard J Foster added to party Timothy Moriarity(pty:dft), Attorney Richard J Foster added to party Eugene Rotondo(pty:dft), Attorney Richard J Foster added to party James A Wieser(pty:dft)) (Foster, Richard) |
| Filing 15 NOTICE of Interested Parties filed by Defendant City of Long Beach, Brian Dapello, Matthew George, Alexandra Romero, James F Stahmann, Perry Thach, identifying CITY OF LONG BEACH, JAMES F. STAHMANN, BRIAN DAPELLO, PERRY THACH, MATTHEW GEORGE and ALEXANDRA ROMERO. (Russell, Howard) |
| Filing 14 ANSWER to Amended Complaint/Petition, #8 with JURY DEMAND filed by Defendant City of Long Beach, Brian Dapello, Matthew George, Alexandra Romero, James F Stahmann, Perry Thach.(Attorney Howard Darryl Russell added to party City of Long Beach(pty:dft), Attorney Howard Darryl Russell added to party Brian Dapello(pty:dft), Attorney Howard Darryl Russell added to party Matthew George(pty:dft), Attorney Howard Darryl Russell added to party Alexandra Romero(pty:dft), Attorney Howard Darryl Russell added to party James F Stahmann(pty:dft), Attorney Howard Darryl Russell added to party Perry Thach(pty:dft))(Russell, Howard) |
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Filing 13
ORDER DENYING PLAINTIFFS' EX PARTE APPLICATION TO ENLARGE TIME TO SERVE REMAINING UNSERVED DEFENDANTS #11 by Judge Manuel L. Real. (gk)
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| Filing 12 NOTICE OF LODGING filed Notice of Lodging of Proposed Order on Plaintiffs' Ex Parte Application to Enlarge Time to Serve Unserved Defendants re Amended Complaint/Petition, #8 (Steering, Jerry) |
| Filing 11 EX PARTE APPLICATION for Enlargement of Time to File To Enlarge Time to Serve Unserved Defendants Plaintiffs' Ex Parte Application to Enlarge Time to Serve Unserved Defendants and Declaration of Jerry L. Steering In Support of Plaintiffs' Ex Parte Application to Enlarge Time to Serve Unserved Defendants and Notice of Lodging of Proposed Order on Plaintiffs' Ex Parte Application to Enlarge Time to Serve Unserved Defendants filed by Attorney for Plaintiffs Acapulco Inn Holdings, LLC, Tracy Alcantar, Aristides Gascon. (Attachments: #1 Declaration, #2 Proposed Order) (Steering, Jerry) |
| Filing 10 21-Day Summons Issued re First Amended Complaint #8 as to Defendants City of Long Beach, James F. Stahmann, Brian Dapello, Perry Thach, Matthew George, Alexandra Romero, Anthony W. Trujillo, Eugene Rotondo, Timothy Moriarity, James A. Wieser, Jerome Chiaro, John Austin, Belmont Station, Inc., and Does 1 through 10, inclusive. (gk) |
| Filing 9 Request for Clerk to Issue Summons on Amended Complaint/Petition, #8 filed by Attorney for Plaintiffs Acapulco Inn Holdings, LLC, Tracy Alcantar. (Steering, Jerry) |
| Filing 8 FIRST AMENDED COMPLAINT against CITY OF LONG BEACH, JAMES F. STAHMANN, BRIAN DAPELLO, PERRY THACH, MATTHEW GEORGE, ALEXANDRA ROMERO, ANTHONY W. TRUJILLO, EUGENE ROTONDO, TIMOTHY MORIARTY, JAMES A. WIESER, JEROME CHIARO, JOHN AUSTIN, BELMONT STATION, INC. and DOES 1 through 10, inclusive All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Attorney for Plaintiffs Acapulco Inn Holdings, LLC(Steering, Jerry) |
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Filing 7
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 16-05. Case randomly reassigned from Judge Dean D. Pregerson to Judge Manuel L. Real for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-08274 R(ASx). (rn)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Alka Sagar. (ghap) |
| Filing 4 DEMAND for Jury Trial filed by Attorney for Plaintiffs Acapulco Inn Holdings, LLC, Tracy Alcantar, Aristides Gascon.. (Steering, Jerry) |
| Filing 3 NOTICE of Interested Parties filed by Attorney for Plaintiffs Acapulco Inn Holdings, LLC, Tracy Alcantar, Aristides Gascon, (Attorney Jerry L Steering added to party Tracy Alcantar(pty:pla), Attorney Jerry L Steering added to party Aristides Gascon(pty:pla))(Steering, Jerry) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Acapulco Inn Holdings, LLC, Tracy Alcantar, Aristides Gascon. (Steering, Jerry) |
| Filing 1 COMPLAINT Receipt No: 0973-22475804 - Fee: $400, filed by Attorney for Plaintiffs Acapulco Inn Holdings, LLC. (Attorney Jerry L Steering added to party Acapulco Inn Holdings, LLC(pty:pla))(Steering, Jerry) |
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