Brian Whitaker v. Maria V. Montgomery et al
Plaintiff: Brian Whitaker
Defendant: Does 1-10, Tommy and Teddy LLC and Maria V. Montgomery
Case Number: 2:2019cv09880
Filed: November 19, 2019
Court: US District Court for the Central District of California
Presiding Judge: Steve Kim
Referring Judge: R Gary Klausner
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42:12101
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 17, 2020 Opinion or Order Filing 16 ORDER DECLINING SUPPLEMENTAL JURISDICTION AND DISMISSING PLAINTIFFS UNRUH CLAIM by Judge R. Gary Klausner: The Court, in its discretion, declines to exercise supplemental jurisdiction over plaintiff's Unruh Act claim. The Court therefore dismisses that claim without prejudice. See 28 USC Sub-section 1367(c)(2) and (c)(4). The Court likewise denies Plaintiff's requests for a certification for interlocutory appeal and for a stay pending the outcome of Ninth Circuit Case No. 19-55974. (jp)
January 13, 2020 Filing 15 PROOF OF SERVICE Executed by Plaintiff Brian Whitaker, upon Defendant Maria V. Montgomery served on 1/5/2020, answer due 1/27/2020. in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell)
January 2, 2020 Filing 14 Text Only Entry: The Order to Show Cause #12 is discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
December 31, 2019 Filing 13 STIPULATION Extending Time to Answer the complaint as to Tommy and Teddy LLC answer now due 1/24/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Tommy and Teddy LLC.(Attorney Farid Novian added to party Tommy and Teddy LLC(pty:dft))(Novian, Farid)
December 30, 2019 Opinion or Order Filing 12 MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION. Plaintiff(s) to show cause in writing on or before January 7, 2020 why this action should not be dismissed for lack of prosecution as to defendant Tommy and Teddy LLC. The Order To Show Cause willstand submitted upon the filing of plaintiffs response. The court will consider as satisfactory response: Plaintiffs application for entry of default pursuant to Rule 55a of the Federal Rules of Civil procedure as to defendant(s): Tommy and Teddy LLC (answer due 12/26/19) or A timely answer by the following defendant(s): Tommy and Teddy LLC (answer due 12/26/19). If a satisfactory response is not filed by the date listed above, the matter will bedismissed for lack of prosecution. (lc)
December 19, 2019 Filing 11 RESPONSE filed by Plaintiff Brian Whitakerto Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #10 (Attachments: #1 Declaration, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Proof of service)(Handy, Russell)
December 13, 2019 Opinion or Order Filing 10 MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE by Judge R. Gary Klausner. Plaintiff shall file a Response to this Order to Show Cause by no later than December 20, 2019. Failure to timely or adequately respond to this Order to Show Cause may, without further warning, result in the dismissal of the entire action without prejudice or the Court declining to exercise supplemental jurisdiction over the Unruh Act claim and the dismissal of that claim pursuant to 28 U.S.C. 1367(c). (lom)
December 9, 2019 Filing 9 PROOF OF SERVICE Executed by Plaintiff Brian Whitaker, upon Defendant Tommy and Teddy LLC served on 12/5/2019, answer due 12/26/2019. Service of the Summons and Complaint were executed upon Jane Doe - 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)
November 21, 2019 Opinion or Order Filing 8 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
November 20, 2019 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Maria V. Montgomery, Tommy and Teddy LLC. (lh)
November 20, 2019 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
November 20, 2019 Filing 5 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Steve Kim. (lh)
November 19, 2019 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Brian Whitaker. (Handy, Russell)
November 19, 2019 Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Brian Whitaker, (Handy, Russell)
November 19, 2019 Filing 2 CIVIL COVER SHEET filed by Plaintiff Brian Whitaker. (Handy, Russell)
November 19, 2019 Filing 1 COMPLAINT Receipt No: 0973-24805423 - Fee: $400, filed by plaintiff Brian Whitaker. (Attorney Russell C Handy added to party Brian Whitaker(pty:pla))(Handy, Russell)

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Defendant: Does 1-10
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Defendant: Tommy and Teddy LLC
Represented By: Farid Novian
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Defendant: Maria V. Montgomery
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Plaintiff: Brian Whitaker
Represented By: Russell C Handy
Represented By: Raymond George Ballister, Jr
Represented By: Phyl Grace
Represented By: Dennis Jay Price, II
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