Celinda Vazquez v. Burger King No. 12201 et al
| Celinda Vazquez |
| EL SEGUNDO PLAZA ASSOCIATES, L.P., a California limited partnership, BURGER KING #12201, a business of unknown form, Does 1-10, Burger King No. 12201 and El Segundo Plaza Associates, L.P. |
| 2:2018cv09594 |
| November 14, 2018 |
| US District Court for the Central District of California |
| Cormac J Carney |
| Steve Kim |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 16 NOTICE OF DISMISSAL filed by Plaintiff Celinda Vazquez pursuant to FRCP 41a(1) without prejudice as to Burger King No. 12201. (Nakano, Jarrod) |
Filing 15
(IN CHAMBERS) ORDER by Judge Cormac J. Carney: CONTINUING ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION: On 12/13/2018, the Court issued an Order to Show Cause re Dismissal for Lack of Prosecution #10 . On 12/17/2018, plaintiff filed a deficient Request for Entry of Default #11 . In light of the AMENDED RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Request for Entry of Default 14 instructing plaintiff to file a new Request/Application, the Court hereby continues the deadline to 1/22/2019. No oral argument of this matter will be heard unless ordered by the Court. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) TEXT ONLY ENTRY
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| Filing 14 AMENDED RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Request for Entry of Default #11 by Judge Cormac J. Carney. In accordance with the Notice to Filer Of Deficiencies In Electronically Filed Documents #12 , it is hereby ORDERED that plaintiff shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered no later than 1/22/2019. Failure to do so may result in dismissal of this action.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) TEXT ONLY ENTRY |
| Filing 13 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Request for Entry of Default #11 by Judge Cormac J. Carney. In accordance with the Notice to Filer Of Deficiencies In Electronically Filed Documents #12 , it is hereby ORDERED that plaintiff shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered no later than 1/20/2019. Failure to do so may result in dismissal of this action. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) TEXT ONLY ENTRY |
| Filing 12 NOTICE OF DEFICIENCY Re: First REQUEST for Clerk to Enter Default against Defendant El Segundo Plaza Associates, L.P. #11 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. No Statute cited FRCP or CCCP on the proof of service of summons and complaint filed on 11/23/2018. Party elected Service Under FRCP 5(b)(2)(D) during docketing sequence, however service upon the clerk's office is not proper service. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (iv) |
| Filing 11 First REQUEST for Clerk to Enter Default against Defendant El Segundo Plaza Associates, L.P. filed by Plaintiff Celinda Vazquez. Request set for hearing on 1/17/2019 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration Declaration of Jarrod Nakano in Support of Request for Entry of Default, #2 Proof of Service) (Nakano, Jarrod) |
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Filing 10
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Cormac J. Carney. The Court, on its own motion, hereby ORDERS plaintiffs counsel, to show cause in writing no later than December 17, 2018, why this action should not be dismissed for lack of prosecution. As an alternative to a written response by plaintiff, the Court will consider the filing of one of the following, as an appropriate response to this OSC, on or before the above date: Plaintiff's Request for Entry of Default. Notice of Voluntary Dismissal (FRCivP 41). The Court may dismiss the action prior to the expiration of such time, however, if plaintiffs have not diligently prosecuted the action. (iv)
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| Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed #8 . The following error(s) was/were found: Case number is incorrect or missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (iv) |
| Filing 8 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Celinda Vazquez, upon Defendant Burger King No. 12201 served on 11/20/2018, answer due 12/11/2018; El Segundo Plaza Associates, L.P. served on 11/21/2018, answer due 12/12/2018. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Attachments: #1 Supplement Return of Service, #2 Supplement Return of Service)(Nakano, Jarrod) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Burger King No. 12201, El Segundo Plaza Associates, L.P. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Steve Kim. (ghap) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Celinda Vazquez. (Nakano, Jarrod) |
| Filing 3 Certification and NOTICE of Interested Parties filed by Plaintiff Celinda Vazquez, (Nakano, Jarrod) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Celinda Vazquez. (Nakano, Jarrod) |
| Filing 1 COMPLAINT Receipt No: 0973-22738617 - Fee: $400, filed by Plaintiff Celinda Vazquez. (Attorney Jarrod Yutaka Nakano added to party Celinda Vazquez(pty:pla))(Nakano, Jarrod) |
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