Brian Whitaker v. Flight Club New York LLC et al
| Brian Whitaker |
| Does 1-10 and Flight Club New York LLC |
| Raymond R Kepner |
| 2:2019cv07538 |
| August 30, 2019 |
| US District Court for the Central District of California |
| Percy Anderson |
| Gail J Standish |
| 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 February 26, 2020. A more recent docket listing may be available from PACER.
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| Filing 32 Joint STIPULATION to Dismiss Case pursuant to F.R.C.P. 41 (a)(1)(A)(ii) filed by plaintiff Brian Whitaker.(Grace, Phyl) |
Filing 31
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 4/6/2020 at 10:30 AM before Judge Percy Anderson.) (mrgo)
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| Filing 30 NOTICE of Settlement filed by Plaintiff Brian Whitaker. (Grace, Phyl) |
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Filing 29
MINUTE ORDER IN CHAMBERS-ORDER by Judge Percy Anderson: re: Mediation Report (ADR-3) Completely Settled #28 . 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. (et)
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| Filing 28 MEDIATION REPORT Filed by Mediator (ADR Panel) Raymond R Kepner: 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(Kepner, Raymond) |
| Filing 27 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Raymond R Kepner has been assigned to serve as Panel Mediator. (mb) |
| Filing 26 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Raymond Kepner may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Defendant Flight Club New York LLC(Kinney, Cynthia) |
| Filing 25 NOTICE of Appearance filed by attorney Christopher A Seabock on behalf of Plaintiff Brian Whitaker (Attorney Christopher A Seabock added to party Brian Whitaker(pty:pla))(Seabock, Christopher) |
| Filing 24 STATEMENT Plaintiff's Case Statement filed by Plaintiff Brian Whitaker re: Order on Application to Stay Case and Early Mediation re ADA Disability Access Litigation (ADR-22) #23 . (Price, Dennis) |
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Filing 23
ORDER by Judge Percy Anderson: granting #16 APPLICATION to Stay Case re Early Mediation ADA Disability Access Litigation as to All Defendants. The ADR proceeding is to be completed no later than 1/27/2020. (mrgo)
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| Filing 22 REPLY in support APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, #16 filed by Defendant Flight Club New York LLC. (Kinney, Cynthia) |
| Filing 21 Qualified Opposition Docket Entry 1 (Complaint), 18 re: APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, #16 filed by Plaintiff Brian Whitaker. (Attorney Chris Carson added to party Brian Whitaker(pty:pla))(Carson, Chris) |
| Filing 20 NOTICE of Interested Parties filed by Defendant Flight Club New York LLC. (Kinney, Cynthia) |
| Filing 19 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Complaint (Attorney Civil Case Opening) #17 by Clerk of Court. Counsel are ordered to file their Notice of Interested Parties forthwith. (mrgo) |
| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #17 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (mrgo) |
| Filing 17 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Flight Club New York LLC.(Kinney, Cynthia) |
| Filing 16 APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by Defendant Flight Club New York LLC. (Attachments: #1 Proposed Order [Proposed] Order Granting Application for Stay and Early Mediation) (Attorney Cynthia D Kinney added to party Flight Club New York LLC(pty:dft)) (Kinney, Cynthia) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Brian Whitaker, upon Defendant Flight Club New York LLC served on 9/10/2019, answer due 10/30/2019. Service of the Summons and Complaint were executed upon Becky De George in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell) |
| Filing 14 STIPULATION Extending Time to Answer the complaint as to Flight Club New York LLC answer now due 10/30/2019, filed by Defendant Flight Club New York LLC. (Attachments: #1 Affidavit Certification and Notice of Interested Parties)(Attorney Barry Z Brodsky added to party Flight Club New York LLC(pty:dft))(Brodsky, Barry) |
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Filing 13
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Complaint filed in this action asserts a claim for injunctive relief arising out of an alleged violation of the Americans with Disabilities Act ("ADA") and one or more "construction-related accessability claims" under California law, including a claim for damages pursuant to California's Unruh Act. Because the Court possesses only supplemental jurisdiction over the Unruh Act and any other state law claims, and in light of California's statutory efforts to curtail such claims, the Court ordered plaintiff to show cause in writing why the Court should exercise supplemental jurisdiction over the Unruh Act and any other state law claims asserted in the Complaint. See 28 U.S.C. 1367(c). The Court has reviewed the Response filed by plaintiff and plaintiff's counsel to the Court's Order to Show Cause. (SEE DOCUMENT FOR FULL DETAILS). 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 28 U.S.C. 1367(c)(4). (mrgo)
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| Filing 12 RESPONSE filed by Plaintiff Brian Whitakerto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #11 (Attachments: #1 Declaration, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2)(Handy, Russell) |
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Filing 11
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE by Judge Percy Anderson. In responding to this Order to Show Cause, plaintiff shall identify the amount of statutory damages plaintiff seeks to recover. Plaintiff and plaintiff's counsel shall also support their responses to the Order to Show Cause with declarations, signed under penalty of perjury, providing all facts necessary for the Court to determine if they satisfy the definition of a "high-frequency litigant" as provided by California Civil Procedure Code sections 425.55(b)(1) & (2). Plaintiff shall file a Response to this Order to Show Cause by no later than September 16, 2019. (lom)
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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. (lom)
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| Filing 9 Notice to Parties: ADA Disability Access Litigation. (kss) |
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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-07538 PA(GJSx). (rn)
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| Filing 7 21 DAY Summons issued re Complaint #1 as to defendant Flight Club New York LLC. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Gail J. Standish. (esa) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Brian Whitaker. (Handy, Russell) |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Brian Whitaker, (Handy, Russell) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Brian Whitaker. (Handy, Russell) |
| Filing 1 COMPLAINT Receipt No: 0973-24354556 - Fee: $400, filed by plaintiff Brian Whitaker. (Attorney Russell C Handy added to party Brian Whitaker(pty:pla))(Handy, Russell) |
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