Gary Scherer v. Simco Financial Services Inc. et al
| Gary Scherer |
| Does 1-10, Simco Financial Services Inc. and Serafin Alcantar |
| 2:2019cv04077 |
| May 10, 2019 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| Consuelo B Marshall |
| Alka Sagar |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 Americans With Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on August 2, 2021. A more recent docket listing may be available from PACER.
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Filing 97
SCHEDULING NOTICE AND ORDER by Magistrate Judge Alka Sagar. COUNSEL OF RECORD ARE HEREBY NOTIFIED, pursuant to the ORDER DISMISSING FEDERAL CLAIM AS MOOT AND DECLINING SUPPLEMENTAL JURISDICTION OVER STATE LAW CLAIM (Docket No. #96 ) all upcoming hearings are VACATED and taken off calendar. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY
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Filing 96
ORDER DISMISSING FEDERAL CLAIM AS MOOT AND DECLINING SUPPLEMENTAL JURISDICTION OVER STATE LAW CLAIM by Magistrate Judge Alka Sagar. Plaintiff's ADA claim is dismissed as moot, his Unruh Act is dismissed without prejudice under 28 U.S.C. 1367(c)(3), and his requests for a stay of this action pending resolution of Arroyo v. Rosas or for certification of this matter for immediate appeal are denied. (see document for further details) Case Terminated. Made JS-6. (hr)
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| Filing 95 PRETRIAL DISCLOSURE filed by Plaintiff Gary Scherer (Attachments: #1 Proof of Service)(Seabock, Christopher) |
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Filing 94
SCHEDULING NOTICE AND ORDER by Magistrate Judge Alka Sagar. COUNSEL OF RECORD ARE HEREBY NOTIFIED, on the Court's own motion, the hearing on Plaintiff's Motion for Partial Summary Judgment (Docket No. #70 ) set for July 22, 2021 at 10:00 a.m., is hereby TAKEN OFF CALENDAR. No appearance will be necessary. This matter is appropriate for resolution without hearing pursuant to Fed. R. Civ. P. 78, and will stand submitted on the papers timely filed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY
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| Filing 93 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Gary Scherer. (Attachments: #1 Proof of Service)(Seabock, Christopher) |
| Filing 92 Exhibit List filed by Plaintiff Gary Scherer.. (Attachments: #1 Proof of Service)(Seabock, Christopher) |
| Filing 91 Witness List filed by Plaintiff Gary Scherer.. (Attachments: #1 Proof of Service)(Seabock, Christopher) |
| Filing 90 NOTICE of Appearance filed by attorney Christopher A Seabock on behalf of Plaintiff Gary Scherer (Attachments: #1 Proof of Service)(Attorney Christopher A Seabock added to party Gary Scherer(pty:pla))(Seabock, Christopher) |
| Filing 89 Witness List filed by Defendant Simco Financial Services Inc... (Duel, Jasmine) |
| Filing 88 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Simco Financial Services Inc.. (Duel, Jasmine) |
| Filing 87 Exhibit List filed by Defendant Simco Financial Services Inc... (Duel, Jasmine) |
| Filing 86 RESPONSE filed by Plaintiff Gary Schererto Minutes of In Chambers Order/Directive - no proceeding held, Order to Show Cause #85 (Attachments: #1 Proof of Service)(Vento, Ariel) |
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Filing 85
MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE by Magistrate Judge Alka Sagar. Plaintiff is ORDERED TO SHOW CAUSE by no later than July 19, 2021, why his ADA claim should not be dismissed as moot. (see document for further details) (hr)
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Filing 84
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Alka Sagar, ORDERING Defendant Serafin Alcantar Response to Request for Written Interrogatories Set One, Propounding Party, Plaintiff Gary Scherer submitted by Defendant Serafin Alcantar, received on July 6, 2021, is not to be filed but instead rejected. Denial based on: Local Rule 26-2:No filing of discovery documents permitted unless there is a pending proceeding in which documents or proof of service is at issue. Discovery documents, requests/responses/interrogatories should be sent to the Defendants directly. The Court does not need copies. (Attachments: #1 Denied Filing) (hr)
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| Filing 83 Objection re: NOTICE OF MOTION AND MOTION for Summary Judgment #70 to Evidence Submitted by Defendants for Their Opposition to Plaintiffs Motion for Summary Judgment filed by Plaintiff Gary Scherer. (Attachments: #1 Proof of Service)(Vento, Ariel) |
| Filing 82 REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment #70 filed by Plaintiff Gary Scherer. (Attachments: #1 Proof of Service)(Vento, Ariel) |
| Filing 81 PROOF OF SERVICE filed by Defendant Simco Financial Services Inc., served on Opposition to Plaintiff's Motion for Summary Judgment, Separate Statement of Disputed and Undisputed Material Facts in Support of Defendant's Opposition to Plaintiff's Motion for Summary Judgment, Declaration of Joseph Shayfar in Support of Defendant's Opposition. (Duel, Jasmine) |
| Filing 80 SCHEDULING NOTICE by Magistrate Judge Alka Sagar. The Court, on its own motion, moves the hearing date re: NOTICE OF MOTION AND MOTION for Summary Judgment #70 previously scheduled for July 8, 2021 at 10:00 a.m. to July 22, 2021 at 10:00 AM. Pursuant to the Notice from the Clerk issued on June 11, 2021, (available at http://www.cacd.uscourts.gov/news/normal-operations ), the hearing will be held via telephone conference. The call-in number and password will be e-mailed to the parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY |
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Filing 79
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Alka Sagar. Pursuant to the Judge's Procedures and Schedules (http://www.cacd.uscourts.gov/honorable-alka- sagar), counsel has failed to provide the courtesy copies re: NOTICE OF MOTION AND MOTION for Summary Judgment #70 , Exhibit #73 , and MEMORANDUM in Opposition to Motion #72 . Counsel are ordered to submit the required courtesy copies by no later than 12:00 p.m. on June 25, 2021. Failure to deliver timely mandatory chambers copies may result in a delay in hearing a motion or ordering the matter off calendar. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY
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| Filing 78 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Proof of Service #74 by Magistrate Judge Alka Sagar. The document is stricken and counsel is ordered to file an amended or corrected document by no later than noon on June 25, 2021. Counsel is directed to file an AMENDED Proof of Service that cures the deficiency listed on docket no. 77. Contact the Help Desk at (213) 894-0242 or ecf-helpdesk@cacd.uscourts.gov for assistance in in properly e-filing a proof of service. (hr) |
| Filing 77 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service #74 . The following error(s) was/were found: Case number is incorrect or missing. Incorrect event selected. Title page is missing. (see document for further details). You need not take any action in response to this notice unless and until the Court directs you to do so. (hr) |
| Filing 76 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Declaration of Joseph Shayfar #73 , Deficiency in Electronically Filed Documents #75 by Magistrate Judge Alka Sagar. The document is accepted as filed. The Clerk is directed to to edit the docket text to match the filing. Any future document that is filed with the wrong case number or judge's initials may result in the document being stricken. Counsel may contact the Help Desk at (213) 894-0242 or ecf-helpdesk@cacd.uscourts.gov for assistance in properly e-filing future documents. (hr) |
| Filing 75 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration of Joseph Shayfar #73 . The following error(s) was/were found: Case number is incorrect or missing. Incorrect event selected. (see document for further details). You need not take any action in response to this notice unless and until the Court directs you to do so. (hr) |
| Filing 74 ***STRICKEN PER DOCKET NO. #78 *** EXHIBIT Filed filed by Defendant Simco Financial Services Inc.. Proof of Service as to MEMORANDUM in Opposition to Motion, #72 . (Duel, Jasmine) Modified on 6/21/2021 (hr). |
| Filing 73 DECLARATION of Joseph Shayfar in Support of Defendant Simco Financial Services Inc.'s Opposition to Plaintiff's Motion for Summary Judgment, or in the Alternative, Summary Adjudication #70 filed by Defendant Simco Financial Services Inc. Proof of Serivce as to MEMORANDUM in Opposition to Motion, #72 . (Duel, Jasmine) Modified on 6/21/2021 (hr). |
| Filing 72 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #70 filed by Defendant Simco Financial Services Inc.. (Attachments: #1 Declaration Declaration of Kousha Berokim, #2 Exhibit Separate Statement)(Attorney Jasmine A. Duel added to party Simco Financial Services Inc.(pty:dft))(Duel, Jasmine) |
| Filing 71 NOTICE of Appearance filed by attorney Ariel Elizabeth Vento on behalf of Plaintiff Gary Scherer (Attachments: #1 Proof of Service)(Vento, Ariel) |
| Filing 70 NOTICE OF MOTION AND MOTION for Summary Judgment filed by plaintiff Gary Scherer. Motion set for hearing on 7/8/2021 at 10:00 AM before Magistrate Judge Alka Sagar. (Attachments: #1 PNA, #2 SUF, #3 Request for Judicial Notice, #4 EXHIBIT 1, #5 EXHIBIT 2, #6 EXHIBIT 3, #7 EXHIBIT 4, #8 EXHIBIT 5, #9 Proposed Order, #10 Proof of Service) (Attorney Ariel Elizabeth Vento added to party Gary Scherer(pty:pla)) (Vento, Ariel) |
| Filing 69 Notice of Appearance or Withdrawal of Counsel: for attorney Dennis Jay Price, II counsel for Plaintiff Gary Scherer. Phyl Grace 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 Gary Scherer. (Price, Dennis) |
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Filing 68
CASE MANAGEMENT ORDER by Magistrate Judge Alka Sagar. (see document for details) (hr)
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Filing 67
SCHEDULING ORDER by Magistrate Judge Alka Sagar. (see document for details) (hr)
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| Filing 66 JOINT REPORT Rule 26(f) Discovery Plan re: Amended Joint Rule 26(f) Discovery Plan ; estimated length of trial 2-3 days, filed by Plaintiff Gary Scherer.. (Attachments: #1 Proof of Service)(Price, Dennis) |
| Filing 65 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Joint Report Rule 26(f) Discovery Plan #62 , Deficiency in Electronically Filed Documents (G-112A) #64 by Magistrate Judge Alka Sagar. The document is stricken and the parties are ordered to file the Amended Joint Report Rule 26(f) Discovery Plan forthwith, which cures the deficiencies listed on docket entry no. 64. (hr) |
| Filing 64 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Report Rule 26(f) Discovery Plan #62 . The following error(s) was/were found: Caption of document is incomplete/incorrect; Case number is incorrect or missing. Other error(s) with document(s): Correct case number is CV19-04077-AS; Parties were directed to file an AMENDED Joint Report Rule 26(f) Discovery Plan (see docket no. 59); AMENDED Joint Report Rule 26(f) Discovery Plan is missing signatures of all counsel. 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. (hr) |
| Filing 63 NOTICE OF LODGING Statement of COnsent to Proceed Before A United States Magistrate Judge filed by Defendant Serafin Alcantar (shb) |
| Filing 62 **STRICKEN PER DOCKET NO. #65 ** REPORT Rule 26(f) Discovery Plan filed by Defendant Serafin Alcantar. (shb) Modified on 5/7/2020 (hr). |
| Filing 61 NOTICE of Change of address Filed by Defendant Serafin Alcantar. (lom) |
| Filing 60 CONSENT TO PROCEED before United States Magistrate Judge by all parties pursuant to GO 18-11 is approved by Magistrate Judge Alka Sagar. This case is hereby reassigned to Magistrate Judge Alka Sagar for all further proceedings. Case number will now read 2:19-cv-04077 AS. (rn) |
| Filing 58 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Lodging Proof of Service #57 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is Proof of Service (subsequent documents). Other error(s) with document(s): The Proof of Service should be filed, not lodged, and should include a title page (see Local Rule 11-3.8). Incorrect judge's initials are in the case number on the Proof of Service. The case number should be 2:19- CV-04077-AS. 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. (hr) |
| Filing 59 MINUTES OF (IN CHAMBERS) ORDER RE: STATUS held before Magistrate Judge Alka Sagar. On April 15, 2020, the Court held a telephonic conference to discuss the status of the case. The Court will afford the parties with an extension of time to file an amended consent to proceed and amended Joint Rule 26(f) discovery plan, signed by all parties no later than May 6, 2020. (see document for further details) Court Recorder: XTR 04/15/2020. (Attachments: #1 Blank Consent Form) (hr) |
| Filing 57 NOTICE OF LODGING filed re Joint Report Rule 26(f) Discovery Plan #50 (Attachments: #1 Proof of Service)(Price, Dennis) |
| Filing 56 NOTICE of Change of address Changing attorneys address to Serafin Alcantar, 4609 State St, Abilene, TX 79603. Filed by Counter Claimant Serafin Alcantar, Defendant Serafin Alcantar. (et) |
| Filing 55 NOTICE OF LODGING filed re Joint Report Rule 26(f) Discovery Plan #50 (Attachments: #1 Proof of Service)(Price, Dennis) |
| Filing 54 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Report Rule 26(f) Discovery Plan #50 . The following error(s) was/were found: The above document is missing proof of service upon the pro se defendant/counter claimant, Serafin Alcantar. 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. (hr) |
| Filing 53 Text Only Entry - Copy of MINUTES OF SCHEDULING CONFERENCE (Docket Entry No. 52 and copy of the e-mail that contains the call-in number and password have been mailed via USPS to defendant Serafin Alcantar to the following address: 4609 State Street, Abilene, TX 79603-650. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY |
| Filing 52 SCHEDULING NOTICE by Magistrate Judge Alka Sagar. On the Court's own motion the telephone conference #40 previously scheduled for 04/03/2020 at 10:00 a.m. has been rescheduled for 4/15/2020 at 10:00 AM before Magistrate Judge Alka Sagar. The call-in number and password will be e-mailed to the parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY |
| Filing 51 Mail Returned addressed to Serafin Alcantar c/o Super Close Out Discount Stores re Minutes of In Chambers Order #45 . Not deliverable as addressed. (hr) |
| Filing 50 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Gary Scherer.. (Attachments: #1 Declaration)(Price, Dennis) |
| Filing 49 Mail Returned addressed to Serafin Alcantar c/o Super Close Out Discount Stores re Minutes (In Chambers) Order #45 . Not deliverable as addressed. (hr) |
| Filing 48 Mail Returned addressed to Serafin Alcantar c/o Super Close Out Discount Stores re Generic Text Only Entry 42 . Not deliverable as addressed. (hr) |
| Filing 47 Mail Returned addressed to Serafin Alcantar c/o Super Close Out Discount Stores re Minutes (In Chambers) Order #41 . Attempted - not known. (hr) |
| Filing 46 Mail Returned addressed to Serafin Alcantar c/o Super Close Out Discount Stores re Minutes (In Chambers) Order #40 . Attempted - not known. (hr) |
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Filing 45
MINUTES (IN CHAMBERS) ORDER REQUIRING DEFENDANT TO PROVIDE COURT WITH HIS CURRENT ADDRESS PURSUANT TO LOCAL RULE41-6 by Magistrate Judge Alka Sagar. Defendant is ORDERED to notify this Court of his current address and telephone number within ten days of the date of this Order. (see document for further details) (hr)
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| Filing 44 Mail Returned addressed to Serafin Alcantar c/o Super Close Out Discount Stores re Minutes (In Chambers) Order #40 . Attempted - not known. (hr) |
| Filing 43 Mail Returned addressed to Serafin Alcantar c/o Super Close Out Discount Store re Consent to Proceed (CV-11D) before US Magistrate Judge Voluntary Program #37 . Not deliverable as addressed. (hr) |
| Filing 42 Text Only Entry - Copies of MINUTES OF (IN CHAMBERS) ORDER RE: SCHEDULING CONFERENCE (Docket Entry No. #40 ) and MINUTES (IN CHAMBERS) ORDER RE: PRO SE CLINIC INFORMATION have been mailed via USPS to defendant Serafin Alcantar to the following address: 4609 State Street, Abilene, TX 79603-6501. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY |
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Filing 41
MINUTES (IN CHAMBERS) ORDER RE: PRO SE CLINIC INFORMATION by Magistrate Judge Alka Sagar. The Court advises Defendant Alcantar of the existence of the Federal Pro Se Clinics, which offer on-site information and guidance to individuals who are representing themselves (proceeding pro se) in federal civil actions. The Central District maintains clinics at the following locations: (see document for details). (hr)
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| Filing 40 MINUTES OF (IN CHAMBERS) ORDER RE: SCHEDULING CONFERENCE held before Magistrate Judge Alka Sagar. The Court will afford the parties an opportunity to re-submit these documents (an amended consent to proceed and amended Joint Rule 26(f) discovery plan, signed by all parties no later than April 2, 2020. A telephonic conference to discuss status and scheduling dates will be held on April 3, 2020 at 10:00 a.m. The call in number and password will be emailed to the parties. Defendant is ORDERED to notify this Court of his current address and telephone number within ten days of the date of this Order. (see document for further details) Court Recorder: XTR 03/12/2020. (hr) |
| Filing 39 SCHEDULING NOTICE by Magistrate Judge Alka Sagar. A telephone conference re: Status is set for Thursday, March 12, 2020 at 11:00 AM before Magistrate Judge Alka Sagar. The call-in number and password will be e-mailed to the parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY |
| Filing 38 Mail Returned addressed to Serafin Alcantar re Minutes of In Chambers Order/Directive - no proceeding held,, Terminate Hearings, #34 (shb) |
| Filing 37 CONSENT TO PROCEED before United States Magistrate Judge by all parties pursuant to GO 18-11 is approved by District Judge Consuelo B. Marshall and Magistrate Judge Alka Sagar. This case is hereby reassigned to Magistrate Judge Alka Sagar for all further proceedings. Case number will now read 2:19-CV-04077 AS. (rn) |
| Filing 36 NOTICE of Lodging of Statement of Consent to Proceed Before A United States Magistrate Judge filed by plaintiff Gary Scherer. (Attachments: #1 Statement of Consent to proceed with a Magistrate Judge)(Price, Dennis) |
| Filing 35 AMENDED MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES held before Judge Consuelo B. Marshall. Counsel are hereby notified that pursuant to the Judge's directive, and pursuant to the joint status report, the scheduling conference currently set for February 18, 2020, is hereby vacated and off calendar pending the consent to proceed before the U. S. Magistrate Judge. No one is to appear on February 18, 2020. Counsel is to file Form CV 11-D no later than March 6, 2020, if the form is not filed the Court will reset this scheduling conference for a new date. IT IS SO ORDERED. #34 . (yl) |
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Filing 34
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that pursuant to the Judge's directive, and pursuant to the joint status report, the scheduling conference currently set for February 18, 2020, is hereby vacated and off calendar pending the consent to proceed before the U. S. Magistrate Judge. No one is to appear on February 18, 2020. (shb)
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| Filing 33 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Gary Scherer.. (Price, Dennis) |
| Filing 32 NOTICE of Change of address by Russell C Handy attorney for Plaintiff Gary Scherer. Changing attorneys address to 8033 Linda Vista Road, Suite 200, San Diego, CA 92111. Filed by Plaintiff Gary Scherer. (Handy, Russell) |
| Filing 31 MINUTES OF HEARING RE PLAINTIFF'S MOTION FOR COUNTERCLAIM DEFENDANT'S 1-SPECIAL MOTION TO STRIKE THE COUNTERCLAIM AS IT RELATES TO THE UNRUH CLAIM; 2-MOTION TO STRIKE THE COUNTERCLAIM AS IT RELATES TO THE ADA CLAIM #18 Following discussions with the parties, the Plaintiff will withdraw this motion #18 . The Court will await the new noticed motion to be filed by the plaintiff and a new hearing date will be given as stated on the record. (See minutes for further details) Court Reporter: Laura Elias. (yl) |
| Filing 30 Certificate/Notice of Interested Parties filed by Defendant Simco Financial Services Inc., (Satar, Yalda) |
| Filing 29 PROOF OF SERVICE filed by Defendant Serafin Alcantar, re Certificate/Notice of Interested Parties #28 , Answer to Complaint (Attorney Civil Case Opening) #27 served on 8/17/2019. (shb) |
| Filing 28 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by Defendant Serafin Alcantar, (shb) |
| Filing 27 Defendant Serafin Alcantar ANSWER TO COMPLAINT #1 to Gary Scherer for Damages and Injunctive Relief Violation filed by Defendant Serafin Alcantar.(shb) |
| Filing 26 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Simco Financial Services Inc..(Satar, Yalda) |
| Filing 25 MINUTES OF HEARING RE PLAINTIFF'S MOTION FOR COUNTERCLAIM DEFENDANT'S1-SPECIAL MOTION TO STRIKE THE COUNTERCLAIM AS IT RELATES TO THE UNRUH CLAIM 2- MOTION TO STRIKE THE COUNTERCLAIM AS IT RELATES TO THE ADA CLAIM #18 held before Judge Consuelo B. Marshall: The case is called and counsel state their appearance. No one appeared for defendants. The Court and Plaintiff'scounsel confer. Clerk contacted Pro Se defendant Serafin Alcantar and he stated he did not get proper notice of today's hearing. An oral tentative ruling granting in part and denying in part is stated on the record. Based on the statements made on the record, the Court will continue this hearing to September 10, 2019 at 10:00 a.m. The Court orders Mr. Serafin Alcantar and all counsel for defendant's to appear in person before this court on the new date. Plaintiff shall serve all parties at the correct address. Plaintiff informs the Court that he may withdraw this motion and re-file a new motion. Court Reporter: Lisa Gonzalez. (shb) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff Gary Scherer, upon Defendant Serafin Alcantar served on 5/28/2019, answer due 6/18/2019. Service of the Summons and Complaint were executed upon Serafin Alcantar in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell) |
| Filing 23 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Strike countercomplaint Answer to Complaint (Attorney Civil Case Opening), Counterclaim #12 #18 filed by Defendant Simco Financial Services Inc.. (Satar, Yalda) |
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Filing 22
MINUTE IN CHAMBERS - ORDER TO SHOW CAUSE FOR FAILURE TO OPPOSE by Judge Consuelo B. Marshall: Simco is ordered to show cause in writing, no later than July 26, 2019, why sanctions should not be imposed for the failure to comply with the local rules. Simco should also indicate in the filing whether they oppose the motion to strike. (shb)
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| Filing 21 REPLY NOTICE OF MOTION AND MOTION to Strike countercomplaint Answer to Complaint (Attorney Civil Case Opening), Counterclaim #12 #18 filed by Plaintiff Gary Scherer. (Handy, Russell) |
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Filing 20
ORDER Granting Stipulation to Extend Time to Answer Complaint (More than 30 days) #19 by Judge Consuelo B. Marshall. IT IS HEREBY ORDERED that parties request to extend the time for Defendant to file a responsive pleading to the initial complaint from July 19, 2019 to August 19, 2019 is GRANTED. Defendant Simco Financial Services Inc. answer due 8/19/2019 (shb)
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| Filing 19 Second STIPULATION for Extension of Time to File Answer to August 19, 2019 filed by Defendant Simco Financial Services Inc..(Satar, Yalda) |
| Filing 18 NOTICE OF MOTION AND MOTION to Strike countercomplaint Answer to Complaint (Attorney Civil Case Opening), Counterclaim #12 filed by counter-defendant Gary Scherer. Motion set for hearing on 8/6/2019 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Memorandum of Points and Authorities, #2 proposed ORDER, #3 proof of service) (Handy, Russell) |
| Filing 17 STIPULATION Extending Time to Answer the complaint as to Simco Financial Services Inc. answer now due 7/19/2019, filed by Defendant Simco Financial Services Inc..(Attorney Yalda Satar added to party Simco Financial Services Inc.(pty:dft))(Satar, Yalda) |
| Filing 16 PROOF OF SERVICE filed by plaintiff Gary Scherer, re Minutes of In Chambers Order/Directive-form only-no proceeding held #15 served on 6/23/2019. (Carson, Chris) |
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Filing 15
MINUTE ORDER IN CHAMBERS SCHEDULING CONFERENCE by Judge Consuelo B. Marshall. Scheduling Conference set for 2/18/2020 at 10:00 AM before Judge Consuelo B. Marshall. (ys)
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| Filing 14 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by Defendant Serafin Alcantar, (shb) |
| Filing 13 PROOF OF SERVICE filed by Defendant Serafin Alcantar, re Answer to Complaint (Attorney Civil Case Opening), Counterclaim #12 served on 6/17/2019. (shb) |
| Filing 12 ANSWER to Complaint (Attorney Civil Case Opening) #1 , COUNTERCLAIM against Gary Scherer filed by Defendant Serafin Alcantar.(shb) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Gary Scherer, upon Defendant Simco Financial Services Inc. served on 6/13/2019, answer due 7/5/2019. Service of the Summons and Complaint were executed upon Marian Doe the Person in Charge in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Handy, Russell) |
| Filing 10 NOTICE OF CLERICAL ERROR Re: Summons Issued #8 . The wrong document was issued. Attached to this notice is the Summons. SEE ATTACHED. (Attachments: #1 summons) (esa) |
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Filing 9
STANDING ORDER upon filing of the complaint by Judge Consuelo B. Marshall. READ THIS ORDER CAREFULLY. It controls this case and may differ in some respects from the Local Rules. (ys)
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| Filing 8 21 DAY Summons issued re Complaint #1 as to defendants Serafin Alcantar, Simco Financial Services Inc. (esa) |
| Filing 7 NOTICE OF CLERICAL ERROR Re: Notice to Parties of Court-Directed ADR Program #6 Form issued in error. Please disregard. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Jacqueline Chooljian. (esa) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Gary Scherer. (Handy, Russell) |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Gary Scherer, (Handy, Russell) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Gary Scherer. (Handy, Russell) |
| Filing 1 COMPLAINT Receipt No: 0973-23713186 - Fee: $400, filed by plaintiff Gary Scherer. (Attorney Russell C Handy added to party Gary Scherer(pty:pla))(Handy, Russell) |
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