Theresa Brooke v. Marriott Hotel Services, Inc.
Plaintiff: Theresa Brooke
Defendant: Marriott Hotel Services, Inc.
Case Number: 2:2019cv07284
Filed: August 22, 2019
Court: US District Court for the Central District of California
Presiding Judge: Percy Anderson
Referring Judge: Maria A Audero
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42:12101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2019 Filing 22 NOTICE of Voluntary Dismissal filed by Plaintiff Theresa Brooke. Dismissal is With Prejudice. (Strojnik, Peter)
September 26, 2019 Opinion or Order Filing 21 MINUTE ORDER IN CHAMBERS by Judge Percy Anderson re: Notice of Settlement #20 . The Court has been advised by counsel that this matter has settled. The parties have ten (10) days from the date of this order or until the next scheduled court appearance, whichever is shorter, to file with the court a dismissal of the action or to appear, in-person or telephonically with their clients, to place the settlement on the record. (mrgo)
September 25, 2019 Filing 20 NOTICE of Settlement filed by Plaintiff Theresa Brooke. (Strojnik, Peter)
September 11, 2019 Filing 19 STIPULATION Extending Time to Answer the complaint as to Marriott Hotel Services, Inc. answer now due 9/27/2019, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Marriott Hotel Services, Inc..(Attorney Megan Stevens Shaked added to party Marriott Hotel Services, Inc.(pty:dft))(Shaked, Megan)
September 3, 2019 Filing 17 First AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Plaintiff Theresa Brooke. Amending Notice of Appeal to 9th Circuit Court of Appeals, #14 Filed On: August 29, 2019; (Strojnik, Peter)
August 30, 2019 Filing 18 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-56017 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #14 as to Plaintiff Theresa Brooke. (yl)
August 30, 2019 Opinion or Order Filing 16 MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson re: First Amended Complaint/Petition #15 . Plaintiff submitted a Response to the Courts Order to Show Cause that the Court found to be inadequate. Both because of the inadequacy of plaintiffs Response and the Courts detailed analysis of the exceptional circumstances and compelling reasons that justified the Courts discretionary decision to decline to exercise supplemental jurisdiction, the Court issued a Minute Order on August 28, 2019, in which the Court declined to exercise supplemental jurisdiction over plaintiffs Unruh Act claim and any other construction-related accessibility claim and dismissed any such claims without prejudice pursuant to 28 U.S.C. 1367(c)(4). Plaintiff filed a First Amended Complaint on August 29, 2019. Plaintiff's First Amended Complaint drops the Unruh Act claim the Court dismissed and adds a negligence claim. For the reasons stated in the Court's August 28, 2019 Minute Order, the Court concludes that exceptional circumstances and compelling reasons exist to decline to exercise supplemental jurisdiction over the negligence claim asserted in plaintiff's First Amended Complaint. See 28 U.S.C. 1367(c)(4). The Court therefore declines to exercise supplemental jurisdiction over the negligence claim and dismisses the negligence claim without prejudice and without leave to amend. Plaintiff may not amend the First Amended Complaint to allege a state law construction-related accessibility claim without first obtaining the Court's permission pursuant to Federal Rule of Civil Procedure 15(a)(2). (mrgo)
August 29, 2019 Filing 15 First AMENDED COMPLAINT against Defendant Marriott Hotel Services, Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Theresa Brooke(Strojnik, Peter)
August 29, 2019 Filing 14 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Theresa Brooke. Appeal of Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines #11 , Minutes of In Chambers Order/Directive - no proceeding held, #13 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-24351674.) (Strojnik, Peter)
August 28, 2019 Opinion or Order Filing 13 MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: The Court has reviewed the Response filed by plaintiff and plaintiff's counsel to the Court's Order to Show Cause. For all of the foregoing reasons, the Court, in its discretion, declines to exercise supplemental jurisdiction over plaintiff's Unruh Act and any other construction-related accessibility claim. The Court therefore dismisses any such claims without prejudice. (See document for details) (mrgo)
August 28, 2019 Filing 12 RESPONSE filed by Plaintiff Theresa Brooketo Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines #11 (Strojnik, Peter)
August 26, 2019 Opinion or Order Filing 11 MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE by Judge Percy Anderson. (Show Cause Response due by 9/9/2019.) (mrgo)
August 26, 2019 Opinion or Order Filing 10 STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (mrgo)
August 26, 2019 Filing 9 Notice to Parties: ADA Disability Access Litigation. (kss)
August 23, 2019 Opinion or Order Filing 8 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge Percy Anderson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-07284 PA(MAAx). (rn)
August 23, 2019 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Marriott Hotel Services, Inc. (ghap)
August 23, 2019 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
August 23, 2019 Filing 5 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Maria A. Audero. (ghap)
August 22, 2019 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Theresa Brooke. (Strojnik, Peter)
August 22, 2019 Filing 3 NOTICE of Interested Parties filed by Plaintiff Theresa Brooke, (Strojnik, Peter)
August 22, 2019 Filing 2 CIVIL COVER SHEET filed by Plaintiff Theresa Brooke. (Strojnik, Peter)
August 22, 2019 Filing 1 COMPLAINT Receipt No: 0973-24304816 - Fee: $400, filed by Plaintiff Theresa Brooke. (Attorney Peter Kristofer Strojnik added to party Theresa Brooke(pty:pla))(Strojnik, Peter)

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Defendant: Marriott Hotel Services, Inc.
Represented By: Andrew J Sommer
Represented By: Megan Stevens Shaked
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Plaintiff: Theresa Brooke
Represented By: Peter Kristofer Strojnik
Represented By: P. Kristofer Strojnik
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