Edgardo Carrillo v. Dennys, Inc. et al
Plaintiff: Edgardo Carrillo
Defendant: Does 1-10 and Dennys, Inc.
Case Number: 2:2019cv10458
Filed: December 11, 2019
Court: US District Court for the Central District of California
Presiding Judge: Percy Anderson
Referring Judge: Steve Kim
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 6, 2020 Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Leave #19 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (et)
February 5, 2020 Filing 19 Joint STIPULATION for Leave to to File First Amended Complaint filed by Plaintiff Edgardo Carrillo. (Attachments: #1 FAC)(Montgomery, Elliott)
January 22, 2020 Opinion or Order Filing 18 MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. On January 9, 2020, the Court issued an Order to Show Cause why the action should not be dismissed for lack of prosecution in light of the failure of Defendant to timely respond to the Complaint. (Dkt. No. 15.) Plaintiff responded to the Order, stating it was informed by Defendant that Defendant was not the owner of the business at issue, and that instead the business was owned by a franchisee. (Dkt. No. 17.) Plaintiff stated he is "conducting a new investigation as to the owner of the operator of the business that is the subject of this action, and will seek to amend Plaintiff's complaint should it be discovered that an entity other than Denny's, Inc. is indeed the owner and operator."(Id.) The Court finds Plaintiff's response insufficient to discharge the Court's January 9, 2020 Order. However, the Court gives Plaintiff two weeks to complete his investigation. On or before February 5, 2020, the Court orders Plaintiff to either pursue his claims against Defendant or the proper defendant. Failure to comply with this Order will result in dismissal of this action Court. (mrgo)
January 20, 2020 Filing 17 RESPONSE filed by Plaintiff Edgardo Carrilloto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #15 (Montgomery, Elliott)
January 20, 2020 Filing 16 NOTICE of Association of Counsel associating attorney Elliott Montgomery on behalf of Plaintiff Edgardo Carrillo. Filed by Plaintiff Edgardo Carrillo (Attorney Elliott Charles Montgomery added to party Edgardo Carrillo(pty:pla))(Montgomery, Elliott)
January 9, 2020 Opinion or Order Filing 15 MINUTE ORDER IN CHAMBERS Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson. Generally, defendants must answer the complaint within 21 days after service (60 days if the defendant is the United States). Fed. R. Civ. P. 12(a)(1). In the present case, it appears that this time period has not been met. Accordingly, the court, on its own motion, orders plaintiff to show cause in writing on or before January 20, 2020, why this action should not be dismissed for lack of prosecution. (lom)
January 3, 2020 Filing 14 PROOF OF SERVICE Executed by Plaintiff Edgardo Carrillo, upon Defendant Dennys, Inc. served on 12/17/2019, answer due 1/7/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process: C T CORPORATION SYSTEM -Gabriella Sanchez, intake specialist in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell)
December 29, 2019 Filing 12 PROOF OF SERVICE filed by plaintiff Edgardo Carrillo, re Order, #10 served on 12/19/19. (Handy, Russell)
December 26, 2019 Opinion or Order Filing 13 MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson: For all of the foregoing reasons, the Court, in its discretion, declines to exercise supplemental jurisdiction over plaintiffs 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). IT IS SO ORDERED. (SEE MINUTES FOR FURTHER DETAILS) (yl)
December 23, 2019 Filing 11 RESPONSE filed by Plaintiff Edgardo Carrilloto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #9 (Attachments: #1 Declaration, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Proof of service)(Handy, Russell)
December 12, 2019 Opinion or Order Filing 10 STANDING ORDER by Judge Percy Anderson. AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. Both the Court and the attorneys bear responsibility for the progress of litigation in the Federal Courts. (SEE ORDER FOR FURTHER DETAILS) (yl)
December 12, 2019 Opinion or Order Filing 9 MINUTES: IN CHAMBERS ORDER TO SHOW CAUSE by Judge Percy Anderson:In responding to this Order to Show Cause, plaintiff shall identify the amount of statutorydamages plaintiff seeks to recover. Plaintiff and plaintiffs 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 December 26, 2019. (See minutes for further details) (yl)
December 12, 2019 Filing 8 Notice to Parties: ADA Disability Access Litigation. (kss)
December 11, 2019 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Dennys, Inc. (et)
December 11, 2019 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
December 11, 2019 Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Steve Kim. (et)
December 11, 2019 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Edgardo Carrillo. (Handy, Russell)
December 11, 2019 Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Edgardo Carrillo, (Handy, Russell)
December 11, 2019 Filing 2 CIVIL COVER SHEET filed by Plaintiff Edgardo Carrillo. (Handy, Russell)
December 11, 2019 Filing 1 COMPLAINT Receipt No: 0973-24929433 - Fee: $400, filed by plaintiff Edgardo Carrillo. (Attorney Russell C Handy added to party Edgardo Carrillo(pty:pla))(Handy, Russell)

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Defendant: Does 1-10
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Defendant: Dennys, Inc.
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Plaintiff: Edgardo Carrillo
Represented By: Raymond George Ballister, Jr
Represented By: Phyl Grace
Represented By: Dennis Jay Price, II
Represented By: Russell C Handy
Represented By: Elliott Charles Montgomery
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