Antonio Fernandez v. Wheeler Commercial Center, LLC et al
| Antonio Fernandez |
| Does 1-10, Big 5 Corp., and Wheeler Commercial Center, LLC |
| 2:2020cv05458 |
| June 19, 2020 |
| US District Court for the Central District of California |
| Shashi H Kewalramani |
| Otis D Wright |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| None |
Docket Report
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Filing 21
MINUTE ORDER (IN CHAMBERS) by Judge Otis D. Wright, II: In light of the Notice of Settlement (ECF No. 20), the Court hereby ORDERS the parties TO SHOW CAUSE, in writing, no later than October 12, 2020, why settlement has not been finalized. No hearing will be held. The Court will discharge this order upon the filing of a dismissal that complies with Federal Rule of Civil Procedure 41. IT IS SO ORDERED. (yl)
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| Filing 20 NOTICE of Settlement and request to vacate all currently set dates filed by plaintiff Antonio Fernandez. (Attachments: #1 Proposed Order)(Seabock, Amanda) |
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Filing 19
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court has reviewed the Response filed by Plaintiff and Plaintiffs counsel to the Courts Order to Show Cause. The Court therefore denies Plaintiffs request to certify a constitutional question to Californias Attorney General. 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. (lc)
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Filing 18
ORDER GRANTING STIPULATION AND REQUEST TO EXTEND DEFENDANT WHEELER COMMERCIAL CENTER, LLC and BIG 5 CORP'S TIME TO FILE A RESPONSE TO INITIAL COMPLAINT TO AUGUST 28, 2020 #16 answer due 8/28/2020 by Judge Otis D. Wright, II (lc)
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| Filing 17 PROOF OF SERVICE filed by plaintiff Antonio Fernandez, re Notice (Other) #15 , Response, #14 , Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #10 served on 07/23/20. (Price, Dennis) |
| Filing 16 Joint STIPULATION for Extension of Time to File Answer to August 28, 2020 re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Big 5 Corp.,. (Attachments: #1 Proposed Order)(Attorney Shireen Banki Rogers added to party Big 5 Corp.,(pty:dft))(Rogers, Shireen) |
| Filing 15 NOTICE of Constitutional Question filed by Plaintiff Antonio Fernandez. (Price, Dennis) |
| Filing 14 RESPONSE filed by Plaintiff Antonio Fernandezto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #10 (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Price, Dennis) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Antonio Fernandez, upon Defendant Wheeler Commercial Center, LLC served on 7/11/2020, answer due 8/3/2020. Service of the Summons and Complaint were executed upon Sheri D Pettit receptionist 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 12 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Antonio Fernandez, upon Defendant Big 5 Corp., acknowledgment sent by Plaintiff on 6/30/2020, answer due 7/21/2020. Acknowledgment of Service signed by Shireen Rogers, Attorney. (Handy, Russell) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Antonio Fernandez, upon Defendant Big 5 Corp., served on 6/23/2020, answer due 7/14/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process: CORPORATION SERVICE COMPANY - Becky De George in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell) |
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Filing 10
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court ORDERS Plaintiff to SHOW CAUSE in writing why the Court should exercise supplemental jurisdiction over the Unruh Act claim asserted in the Complaint.Plaintiff shall file a Response to this Order to Show Cause by no later than July 15, 2020. 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 USC 1367(c). (lc)
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| Filing 9 Notice to Parties: ADA Disability Access Litigation. (lc) |
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Filing 8
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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| Filing 7 21 DAY Summons issued re Complaint #1 as to defendants Big 5 Corp.,Wheeler Commercial Center, LLC. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Shashi H. Kewalramani. (esa) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Antonio Fernandez. (Handy, Russell) |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Antonio Fernandez, (Handy, Russell) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Antonio Fernandez. (Handy, Russell) |
| Filing 1 COMPLAINT Receipt No: ACACDC-26876259 - Fee: $400, filed by plaintiff Antonio Fernandez. (Attorney Russell C Handy added to party Antonio Fernandez(pty:pla))(Handy, Russell) |
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