Kris Cuyvers v. United States Postal Service et al
| Jeanice Howard and Kris Cuyvers |
| United States Postal Service, DOES 1 to 20, inclusive and UNITED STATES OF AMERICA |
| John W Shaw |
| 2:2018cv09701 |
| November 16, 2018 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Philip S Gutierrez |
| Motor Vehicle |
| 28 U.S.C. § 2674 Federal Tort Claims Act |
| Plaintiff |
Docket Report
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Filing 49
STIPULATION FOR DISMISSAL OF ACTION WITH PREJUDICE #48 ; ORDER by Judge Philip S. Gutierrez. It is hereby stipulated by and between the parties, through their respective counsel, that the above-captioned action is dismissed with prejudice in its entirety pursuant to Federal Rule of Civil Procedure 41(~l(11(A~iil, with each side to bear its own costs, fees, and expenses. (Made JS-6. Case Terminated.) (yl)
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| Filing 48 STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by defendant UNITED STATES OF AMERICA.(Biche, Timothy) |
| Filing 47 MEDIATION REPORT Filed by Mediator (ADR Panel) John W Shaw: Mediation held on July 14, 2020 and the case has been completely settled. With the filing of this Report, the parties are advised that they must notify the trial judge's deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case. Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Shaw, John) |
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Filing 46
ORDER Continuing Trial andPretrial Dates by Judge Philip S. Gutierrez #45 Discovery cut-off 12/30/2020. Last Day to file Motions due by 1/13/2021, Court Trial set for 4/20/2021 at 9:00 AM, Final Pretrial Conference set for 4/5/2021 02:30 PM (SEE ORDER FOR FURTHER DETAILS) (yl)
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| Filing 45 STIPULATION to Continue Trial Date and Pre-Trial Deadlines from Current Trial Date: 12/08/20 to Proposed Trial Date: 04/20/21 filed by defendant UNITED STATES OF AMERICA. (Attachments: #1 Declaration of Timothy D. Biche, #2 Proposed Order)(Biche, Timothy) |
| Filing 44 MEDIATION REPORT Filed by Mediator (ADR Panel) John W Shaw: Mediation held on 7/14/2020. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Shaw, John) |
| Filing 43 MEDIATION REPORT Filed by Mediator (ADR Panel) John W Shaw: Mediation held on July 14, 2020. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Shaw, John) |
| Filing 42 NOTICE OF MEDIATION DATE filed. Mediation set for 07/14/2020.(Shaw, John) |
| Filing 41 Mail Returned addressed to Rajeev S Patel, Return To Sender, Insufficient Address, Unable To Forward, re Text Only Bounced Notice of Electronic Filing E-mail,, 38 (bm) |
| Filing 40 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) John W Shaw has been assigned to serve as Panel Mediator. (mb) |
| Filing 39 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that John Shaw may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 7/10/2020 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Defendant UNITED STATES OF AMERICA(Biche, Timothy) |
| Filing 38 Notice of Electronic Filing re Pretrial-Trial Scheduling Order #36 , Pretrial-Trial Scheduling Order #35 , Order/Referral to ADR (No 2) (Mediation Panel) (ADR-12) #37 , Joint Report Rule 26(f) Discovery Plan #34 e-mailed to Rajeev S. Patel bounced due to undeliverable, delivery expired. The primary e-mail address associated with the attorney record has been deleted. Pursuant to 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. (cbr) TEXT ONLY ENTRY |
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Filing 36
ORDER FOR COURT TRIAL by Judge Philip S. Gutierrez. Final Pretrial Conference set for 11/23/2020 02:30 PM before Judge Philip S. Gutierrez. Bench Trial set for 12/8/2020 09:00 AM before Judge Philip S. Gutierrez. (wm)
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Filing 35
ORDER VACATING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Opening Expert Witness Disclosure: 09/08/20, Rebuttal Expert Witness Disclosure: 10/06/20, Expert Discovery Cut-off: 10/27/20, Trial Estimate: 2 days. Amended Pleadings due by 4/2/2020. Discovery cut-off 9/1/2020. Motions due by 9/15/2020. Final Pretrial Conference set for 11/23/2020 02:30 PM before Judge Philip S. Gutierrez. Bench Trial set for 12/8/2020 09:00 AM before Judge Philip S. Gutierrez. (wm)
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Filing 37
ORDER/REFERRAL to ADR Procedure No 2 by Judge Philip S. Gutierrez. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 11/06/20. (wm)
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| Filing 34 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2 days, filed by Defendant UNITED STATES OF AMERICA.. (Biche, Timothy) |
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Filing 33
ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 3/9/2020 at 02:00 PM. (pg)
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| Filing 32 ANSWER to Amended Complaint/Petition #23 filed by Defendant UNITED STATES OF AMERICA.(Biche, Timothy) |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Timothy Daniel Biche counsel for Defendant UNITED STATES OF AMERICA. Adding Timothy D. Biche as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by defendant United States of America. (Attorney Timothy Daniel Biche added to party UNITED STATES OF AMERICA(pty:dft))(Biche, Timothy) |
| Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #26 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. 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. (ak) |
| Filing 29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Business or Contact Information (G-06), #25 . The following error(s) was/were found: Section II (update section) of Notice of Change of Attorney Business or Contact Information is incomplete. 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. (ak) |
| Filing 28 NOTICE OF DISMISSAL filed by Plaintiff Kris Cuyvers pursuant to FRCP 41a(1) Complaint as to United States Postal Service. (Rousier, Susan) |
| Filing 27 NOTICE OF DISMISSAL filed by Plaintiff Kris Cuyvers pursuant to FRCP 41a(1) Complaint as to Jeanice Howard. (Rousier, Susan) |
| Filing 26 First NOTICE of Appearance filed by attorney Susan Rousier on behalf of Plaintiff Kris Cuyvers (Rousier, Susan) |
| Filing 25 NOTICE of Change of Attorney Business or Contact Information: for attorney Susan Rousier counsel for Plaintiff Kris Cuyvers. Changing firm and address to Paul F. Sullivan & Associates, 525 South Douglas Street, Suite 210, El Segundo, CA 90245. Changing e-mail to paul@sullivanlitigators.com. Filed by Plaintiff KRIS CUYVERS. (Rousier, Susan) |
| Filing 24 First STIPULATION Extending Time to Answer the complaint as to UNITED STATES OF AMERICA answer now due 6/27/2019, re Amended Complaint/Petition #23 filed by Plaintiff Kris Cuyvers.(Rousier, Susan) |
| Filing 23 FIRST AMENDED COMPLAINT against Defendant UNITED STATES OF AMERICA amending Complaint (Attorney Civil Case Opening) #1 , filed by PLAINTIFF Kris Cuyvers(Attorney Susan Rousier added to party Kris Cuyvers(pty:pla))(Rousier, Susan) |
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Filing 22
MINUTE ORDER IN CHAMBERS Order discharging the OSC by Judge Philip S. Gutierrez: Plaintiff timely responded, explaining that he has now properly served the Attorney General and U.S. Attorney's Office, and also filed a Proof of Service reflecting this. See Dkt. no. 21. Therefore, the Court is satisfied that this case is being adequately prosecuted and hereby DISCHARGES the OSC. (bm)
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| Filing 21 DECLARATION of RAJEEV S. PATEL re Order to Show Cause #15 , Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #20 filed by Plaintiff Kris Cuyvers. (Attachments: #1 Affidavit Service of Summons & Complaint on US Attorney and US Attorney General)(Patel, Rajeev) |
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Filing 20
MINUTE ORDER IN CHAMBERS re OSC re: lack of prosecution by Judge Philip S. Gutierrez: As it appears that the Attorney General and the U.S. Attorney's Office have not been served with the summons and complaint, the Court ORDERS Plaintiff to show cause in writing no later than April 22, 2019 why this case should not be dismissed for failure to serve within 90 days under Federal Rule of Civil Procedure 4(m). Unless Plaintiff produces evidence that Plaintiff properly served the Attorney General and the U.S. Attorney's Office within 90 days of the filing of the complaint or otherwise shows good cause for failing to serve, the Court will dismiss the case without prejudice. (see document for further details) (bm)
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Filing 19
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: First REQUEST for Clerk to Enter Default #16 , #17 , for the following reasons: Hearing information is missing, incorrect, or not timely. Other: The hearing date selected is closed at to NEW motions. See Calendars >Motion Calendar Counsel should efile proofs of service upon the U.S. Attorney's Office Los Angeles, and the Attorney General of the U.S. Failure to comply with L.R. 5-4.5 Re: Mandatory Chambers. (bm)
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| Filing 18 NOTICE OF DEFICIENCY Re: First REQUEST for Clerk to Enter Default against Defendant Jeanice Howard #16 , First REQUEST for Clerk to Enter Default against Defendant United States Postal Service #17 . The Clerk cannot enter the requested relief as: Counsel should e-file proofs of service upon the U.S. Attorney's Office - Los Angeles, and the Attorney General of the United States. (bm) |
| Filing 17 DOCUMENT STRICKEN ON 2/25/19. First REQUEST for Clerk to Enter Default against Defendant United States Postal Service filed by Plaintiff Kris Cuyvers. Request set for hearing on 2/22/2019 at 10:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration) (Patel, Rajeev) Modified on 2/28/2019 (bm). |
| Filing 16 DOCUMENT STRICKEN ON 2/25/19. First REQUEST for Clerk to Enter Default against Defendant Jeanice Howard filed by Plaintiff Kris Cuyvers. Request set for hearing on 2/22/2019 at 10:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration) (Patel, Rajeev) Modified on 2/28/2019 (bm). |
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Filing 15
ORDER TO SHOW CAUSE RE LACK OF PROSECUTION by Judge Philip S. Gutierrez. Response to Order to Show Cause due by 2/22/2019. (wm)
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| Filing 14 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Kris Cuyvers, upon Defendant United States Postal Service served on 1/9/2019, answer due 1/30/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Patel, Rajeev) |
| Filing 13 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Kris Cuyvers, upon Defendant Jeanice Howard served on 1/9/2019, answer due 1/30/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Patel, Rajeev) |
| Filing 12 Mail Returned addressed to Paul F Sullivan Williamson Raleigh & Doherty 801 S Grand Avenue 11th Floor Los Angeles, CA 90017 re Notice to Parties ADA Disability Access Litigation (ADR-20) #9 (sbou) |
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Filing 11
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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| Filing 10 NOTICE OF CLERICAL ERROR Re: Notice to Parties ADA Disability Access Litigation (ADR-20) #9 . Document docketed in this case in error. Please disregard this document. (jre) |
| Filing 9 **DISREGARD. SEE NOTICE OF CLERICAL ERROR AT #10 ** Notice to Parties: ADA Disability Access Litigation Early Mediation and Stay Program. See Notice for complete details (jre) Modified on 11/29/2018 (jre). |
| Filing 8 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Jeanice Howard, United States Postal Service. (Attachments: #1 USPS) (jtil) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Paul L. Abrams. (jtil) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Kris Cuyvers. (Patel, Rajeev) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Kris Cuyvers. (Patel, Rajeev) |
| Filing 3 Certification of Interested Parties filed by Plaintiff Kris Cuyvers, (Patel, Rajeev) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Kris Cuyvers. (Patel, Rajeev) |
| Filing 1 COMPLAINT Receipt No: 0973-22758968 - Fee: $400, filed by Plaintiff Kris Cuyvers. (Attorney Rajeev S Patel added to party Kris Cuyvers(pty:pla))(Patel, Rajeev) |
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