Taleatha Bennett et al v. 38604 10th Street East, LLC et al
| Taleatha Bennett and Teila Sertin |
| Excel Residential Services, Inc, Others to be joined under Rule 19 of Federal Rules of Civil Procedure and 38604 10th Street East, LLC |
| 2:2020cv08858 |
| September 25, 2020 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Dolly M Gee |
| Civil Rights: Accommodations |
| 42 U.S.C. § 405 Fair Housing Act |
| Both |
Docket Report
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This docket was last retrieved on March 17, 2022. A more recent docket listing may be available from PACER.
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Filing 48
MINUTE ORDER IN CHAMBERS - ORDER DISMISSING PLAINTIFFS' CLAIMS FOR FAILURE TO COMPLY WITH COURT ORDER AND FAILURE TO PROSECUTE THEIR ACTION by Judge Dolly M. Gee. Accordingly, good cause appearing, the Court DISMISSES this action for lack of prosecution without prejudice. All scheduled dates and deadlines are VACATED. IT IS SO ORDERED. (Made JS-6. Case Terminated.) (lom)
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| Filing 47 PROOF OF SERVICE filed by Plaintiffs Taleatha Bennett, re Order on Motion to Withdraw,,, Order on Motion to Withdraw as Attorney,,,,,, Order on Motion to Amend/Correct,,, Motion Hearing,,, Terminate Deadlines and Hearings,, #45 , Minutes of In Chambers Order/Directive - no proceeding held,,,,,, Order to Show Cause,,,,, #46 served on 1/18/2022. (Okojie, Odion) |
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Filing 46
MINUTES OF IN CHAMBERS - ORDER GRANTING MOTION TO WITHDRAW BY PLAINTIFFS' COUNSEL by Judge Dolly M. Gee: The Court hereby GRANTS the Motion of Odion Okojie of the Law Offices of Odion L. Okojie and David Iyalomhe of David Iyalomhe & Associates (collectively, "Counsel"), counsel of record for Plaintiffs Taleatha Bennett and Teila Sertin (collectively, "Plaintiffs"), for leave to withdraw as counsel #37 , #38 , #40 , provided that Counsel timely files the proof of service described in this Order. The Court orders Counsel to serve this Order on Plaintiffs and thereafter file a proof of service by no later than 1/21/2022. Plaintiffs are advised that if they do not retain new counsel, they shall represent themselves, pro se. If Plaintiffs proceed pro se, they shall be expected to comply with all Court orders, the Local Rules, and the Federal Rules of Civil Procedure. Plaintiffs are further ORDERED TO SHOW CAUSE ("OSC") why their case should not be dismissed for failure to comply with a Court order to appear for today's hearing and for failure to prosecute their action. Plaintiffs shall file a response to the OSC by no later than 2/4/2022. Plaintiffs are advised that failure to timely and/or adequately respond shall result in dismissal of their action. Court Reporter: Not Reported. (gk)
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| Filing 45 MINUTES OF Motion Hearing held before Judge Dolly M. Gee RE: Motion to Withdraw as Counsel for Plaintiffs Taletha Bennett and Teila Sertin #37 , #38 , #40 . The Court hereby GRANTS the above-entitled motion. A written order will issue. The Court will also issue an Order to Show Cause ("OSC") why this case should not be dismissed for failure to comply with a Court order to appear for today's hearing and for failure to prosecute their action. All scheduled dates and deadlines are STAYED pending the resolution of the OSC. Plaintiffs' Counsel shall serve a copy of this Order on Plaintiffs and thereafter file a proof of service by no later than 1/21/2022. Court Reporter: Katie Thibodeaux. (gk) |
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Filing 44
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. In light of Plaintiffs' counsel's pending motion to withdraw #37 #38 #40 and the Central District's current pause on all jury trials, the January 11, 2022 Final Pretrial Conference and the February 8, 2022 trial are VACATED and will be reset after the Court rules on the motion to withdraw. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 43 DECLARATION of Odion L. Okojie Of Counsel Regarding the Status of Compliance with Court Order (Doc. 39) First NOTICE OF MOTION AND MOTION of Odion L. Okojie to Withdraw as Attorney For Plaintiff Teila Bennett #38 , First NOTICE OF MOTION AND MOTION to Withdraw Withdraw as counsel for plaintiff Taleatha Bennett First NOTICE OF MOTION AND MOTION of Odion L. Okojie to Withdraw as Attorney for Plaintiff Taleatha Bennett #37 , Corrected NOTICE OF MOTION AND MOTION to CORRECT First NOTICE OF MOTION AND MOTION of Odion L. Okojie to Withdraw as Attorney For Plaintiff Teila Bennett #38 [ERRATA]Notice of Motion and Motion To Withdraw as Counsel For Plaintiff Teila #40 filed by Plaintiff Taleatha Bennett. (Okojie, Odion) |
| Filing 42 PROOF OF SERVICE filed by Plaintiffs Taleatha Bennett, re Minutes of In Chambers Order/Directive - no proceeding held,,,, #39 served on 12/20/2021. (Okojie, Odion) |
| Filing 41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Corrected NOTICE OF MOTION AND MOTION to CORRECT First NOTICE OF MOTION AND MOTION of Odion L. Okojie to Withdraw as Attorney For Plaintiff Teila Bennett #38 [ERRATA]Notice of Motion and Motion To Withdraw as Counsel For Plaintiff Teila #40 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Responses/Replies/Other Motion Related Documents > Amendment (Motion related). The filer used the event, Applications/Ex Parte Applications/Motions/Petitions/Requests > Amend/Correct, for docketing this filing. The filer also made a typographical error, setting the motion for hearing on 1/14/2021 at 9:30 AM. For this one-time only, clerk shall correct the date to 1/14/2022 at 9:30 AM.. 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. (gk) |
| Filing 40 Corrected NOTICE OF MOTION AND MOTION to CORRECT First NOTICE OF MOTION AND MOTION of Odion L. Okojie to Withdraw as Attorney For Plaintiff Teila Bennett #38 [ERRATA]Notice of Motion and Motion To Withdraw as Counsel For Plaintiff Teila Sertin filed by Plaintiff Teila Sertin Teila Sertin. Motion set for hearing on 1/14/2021 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration [ERRATA] Declaration of Counsel in Support Of Motion To Withdraw as Counsel for Plaintiff Teila Sertin, #2 Proposed Order [ERRATA] [PROPOSED] Order To Motion To Withdraw as Counsel For Plaintiff Teila Sertin) (Okojie, Odion) |
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Filing 39
MINUTES OF IN CHAMBERS - ORDER RE HEARING ON MOTION TO WITHDRAW BY PLAINTIFFS' COUNSEL by Judge Dolly M. Gee: On 12/17/2021, Odion Okojie of the Law Offices of Odion L. Okojie and David Iyalomhe of David Iyalomhe & Associates (collectively, "Counsel") counsel of record for Plaintiffs Taleatha Bennett and Teila Sertin (collectively, "Plaintiffs") filed a motion for leave to withdraw as counsel, noticed for hearing on 1/14/2022 at 9:30 AM #37 , #38 . Counsel is ordered to serve Plaintiffs with a copy of this Order and its motion to withdraw as counsel. Counsel is further ordered to notify Plaintiffs that if a request for substitution of counsel is not filed, Plaintiffs must appear for the hearing on Counsel's motion to withdraw, via videoconference. No later than 12/30/2021, Counsel shall file (1) proofs of service indicating service of this Order and motion to withdraw on Plaintiffs; and (2) a declaration regarding the status of compliance with this Order. Court Reporter: Not Reported. (gk)
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| Filing 38 First NOTICE OF MOTION AND MOTION of Odion L. Okojie to Withdraw as Attorney For Plaintiff Teila Bennett filed by Plaintiff Teila Bennett Teila Sertin. Motion set for hearing on 1/14/2022 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration Declaration of Counsel in support of Motion to Withdraw as counsel for Plaintiff Teila Bennett, #2 Proposed Order [Proposed] Order to Motion to withdraw as counsel for plaintiff Teila Bennett) (Okojie, Odion) |
| Filing 37 First NOTICE OF MOTION AND MOTION to Withdraw Withdraw as counsel for plaintiff Taleatha Bennett , First NOTICE OF MOTION AND MOTION of Odion L. Okojie to Withdraw as Attorney for Plaintiff Taleatha Bennett filed by Plaintiff Taleatha Bennett Taleatha Bennett. Motion set for hearing on 1/14/2022 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration Declaration of Counsel in support of Motion to Withdraw as counsel for Plaintiff Taleatha Bennett, #2 Proposed Order [Proposed] Order to Motion to withdraw as counsel for plaintiff) (Okojie, Odion) |
| Filing 36 STATUS REPORT Re: Settlement filed by Plaintiff Taleatha Bennett. (Iyalomhe, David) |
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Filing 35
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO COMPEL FURTHER DISCOVERY RESPONSES FROM DEFENDANT EXCEL RESIDENTIAL SERVICES, INC. AND REQUEST FOR MONETARY SANCTIONS (Dkt.No. #30 ) by Magistrate Judge Pedro V. Castillo. Plaintiff's Motion to Compel and for Sanctions is GRANTED IN PART and DENIED IN PART. The deadline for producing supplemental responses and a declaration, as required by this Order, is fourteen days from the date of this Order. The Request for attorneys fees under Rule 37 is DENIED. (et)
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Filing 34
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO COMPEL FURTHER DISCOVERY RESPONSES FROM DEFENDANT 38604 10TH STREET EAST, LLC AND REQUEST FOR MONETARY SANCTIONS (Dkt. No. #28 ) by Magistrate Judge Pedro V. Castillo. Plaintiffs Motion to Compel is GRANTED IN PART and DENIED IN PART. Defendant shall produce supplemental responses and documents as required by this order within fourteen days from the date of this order. Plaintiffs request for sanctions under Rule 37 is DENIED. (et)
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| Filing 33 MINUTES OF (IN CHAMBERS) PLAINTIFFS' MOTION TO COMPEL FURTHER DISCOVERY RESPONSES FROM DEFENDANTS (DKT. #28 & DKT. #30 ) held before Magistrate Judge Pedro V. Castillo. The Court hears oral argument from counsel. The Court takes the matter under submission. Court Recorder: Zoom 7/28/21. (hr) |
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Filing 32
MINUTE (IN CHAMBERS) ORDER VACATING JULY 27, 2021 HEARING ON PLAINTIFFS' MOTIONS TO COMPEL FURTHER DISCOVERY RESPONSES FROM DEFENDANTS AND RESETTING HEARING FOR JULY 28, 2021 (Dkt. Nos. #28 and #30 ] by Magistrate Judge Pedro V. Castillo. The Court VACATES the hearing set for July 27,2021 and resets the hearing for July 28, 2021 at 10:00a.m. via Zoom. The parties are ordered to be present. The Courtroom Deputy clerk will send instructions for attending the hearing virtually to the parties via email. (et)
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| Filing 31 JOINT STIPULATION to MOTION to Compel Defendant Excel Residential Services, Inc's Further Responses to Requests for Production of Documents, Set One #30 filed by Plaintiff Taleatha Bennett. (Attachments: #1 Exhibit A - Order Re: Stipulation to Continue Trial Date and Pretrial Deadlines, #2 Exhibit B - Declaration of Odion L. Okojie in Support of Plaintiffs' Motion to Compel Further Responses)(Iyalomhe, David) |
| Filing 30 NOTICE OF MOTION AND MOTION to Compel Defendant Excel Residential Services, Inc's Further Responses to Requests for Production of Documents, Set One filed by Plaintiffs Taleatha Bennett. Motion set for hearing on 7/27/2021 at 10:00 AM before Magistrate Judge Pedro V. Castillo. (Attachments: #1 Proposed Order Compelling Defendant Excel Residential Services, Inc's Further Responses to Requests for Production of Documents, Set One)(Iyalomhe, David) |
| Filing 29 JOINT STIPULATION to MOTION to Compel Defendant 38604 10th Street East, LLC's Further Responses to Requests for Production of Documents, Set One #28 filed by Plaintiff Taleatha Bennett. (Attachments: #1 Exhibit A - Order Re: Stipulation to Continue Trial Date and Pretrial Deadlines, #2 Exhibit B - Declaration of Odion L. Okojie in Support of Plaintiffs' Motion to Compel Further Responses)(Iyalomhe, David) |
| Filing 28 NOTICE OF MOTION AND MOTION to Compel Defendant 38604 10th Street East, LLC's Further Responses to Requests for Production of Documents, Set One filed by Plaintiffs Taleatha Bennett. Motion set for hearing on 7/27/2021 at 10:00 AM before Magistrate Judge Pedro V. Castillo. (Attachments: #1 Proposed Order Compelling Defendant 38604's Further Responses to Requests for Production of Documents, Set One)(Iyalomhe, David) |
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Filing 27
ORDER RE STIPULATION TO CONTINUE TRIAL DATE AND PRETRIAL DEADLINES by Judge Dolly M. Gee: The Court has reviewed and considered the parties' Stipulation #26 . the Court will approve the requested continuance. The fact that the parties have run out of time to file a discovery motion and have it heard prior to the discovery cut-off is not good cause for a continuance--it evidences a lack of due diligence. The fact that the parties have decided to engage in mediation at a time that is at cross-purposes with their current pretrial dates and deadlines also is not good cause for a continuance. The Court will approve the requested continuance. Final Pretrial Conference is continued to 1/11/2022 02:00 PM before Judge Dolly M. Gee. Jury Trial is continued to 2/8/2022 08:30 AM before Judge Dolly M. Gee. See document for further details. (gk)
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| Filing 26 STIPULATION to Continue Trial Date from 9/28/21 to 2/8/22 filed by Defendants 38604 10th Street East, LLC, Excel Residential Services, Inc. (Attachments: #1 Proposed Order)(Campain, Alberto) |
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Filing 25
MINUTE (IN CHAMBERS) ORDER SETTING INFORMAL TELEPHONIC CONFERENCE RE: THE PARTIES' DISCOVERY DISPUTE CONCERNING THE PRODUCTION OF DOCUMENTS REGARDING THE SUBJECT PROPERTY by Magistrate Judge Pedro V. Castillo. The Court hereby sets an informal telephonic discovery conference on this dispute for Friday, April 2, 2021, at 10 a.m. (see document for further details) (hr)
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Filing 24
PROTECTIVE ORDER by Magistrate Judge Pedro V. Castillo re Stipulation for Protective Order #23 . (See document for details.) (et)
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| Filing 23 STIPULATION for Protective Order filed by Plaintiffs Taleatha Bennett. (Attachments: #1 Proposed Order)(Iyalomhe, David) |
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Filing 22
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dolly M. Gee. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 8-3-21. Joint status report re settlement due by: 8-10-21. Counsel are directed to contact the private mediator of their choice to arrange a date and time for the mediation. (lom)
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Filing 21
SCHEDULING AND CASE MANAGEMENT ORDER RE JURY TRIAL by Judge Dolly M. Gee. The Court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Final Pretrial Conference set for 8/31/2021 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 9/28/2021 08:30 AM before Judge Dolly M. Gee. (Attachments: #1 Schedule of Pretrial and Trial Dates - Jury Trial) (lom)
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Filing 20
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court sua sponte VACATES the Scheduling Conference set on December 18, 2020. A Scheduling and Case Management Order to issue. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 19 REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Plaintiff Taleatha Bennett (Attachments: #1 Proposed Order)(Iyalomhe, David) |
| Filing 18 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff Taleatha Bennett.. (Iyalomhe, David) |
| Filing 17 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 12/4/2020. Scheduling Conference set for 12/18/2020 at 9:30 a.m. (See order for details.) (kti) |
| Filing 16 NOTICE of Interested Parties filed by Defendants 38604 10th Street East, LLC, Excel Residential Services, Inc, identifying Pinkal Jogani. (Ecoff, Lawrence) |
| Filing 15 ANSWER to Complaint (Attorney Civil Case Opening) #2 with JURY DEMAND filed by Defendants, 38604 10th Street East, LLC and Excel Residential Services, Inc. 38604 10th Street East, LLC, Excel Residential Services, Inc.(Attorney Lawrence C Ecoff added to party Excel Residential Services, Inc(pty:dft))(Ecoff, Lawrence) |
| Filing 14 STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening) #2 filed by Defendants, 38604 10th Street East, LLC and Excel Residential Services, Inc. 38604 10th Street East, LLC.(Attorney Lawrence C Ecoff added to party 38604 10th Street East, LLC(pty:dft))(Ecoff, Lawrence) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Taleatha Bennett, upon Defendant Excel Residential Services, Inc served on 9/29/2020, answer due 10/20/2020. Service of the Summons and Complaint were executed upon Pinkal Jogani, authorized agent for service of process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Iyalomhe, David) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Taleatha Bennett, upon Defendant 38604 10th Street East, LLC served on 9/29/2020, answer due 10/20/2020. Service of the Summons and Complaint were executed upon Pinkal Jogani, authorized agent for service of process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Iyalomhe, David) |
| Filing 11 21-Day Summons Issued re Complaint #2 as to Defendants 38604 10th Street East, LLC, Excel Residential Services, Inc., and others to be joined under Rule 19 of the Federal Rules of Civil Procedure. (gk) |
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Filing 10
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #2 filed by Plaintiffs Taleatha Bennett. (Iyalomhe, David) |
| Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (esa) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Pedro V. Castillo. (esa) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #2 filed by Plaintiffs Taleatha Bennett. (Iyalomhe, David) |
| Filing 4 Certification and NOTICE of Interested Parties filed by Plaintiffs Taleatha Bennett, (Iyalomhe, David) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Taleatha Bennett. (Iyalomhe, David) |
| Filing 2 COMPLAINT Receipt No: ACACDC-28274944 - Fee: $400, filed by Plaintiffs Taleatha Bennett. (Attorney David O Iyalomhe added to party Taleatha Bennett(pty:pla))(Iyalomhe, David) |
| Filing 1 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: You have attempted to open this case electronically but have failed to upload successfully the required PDF version of any initiating document, such as a complaint or notice of removal. You must file an initiating document within two business days of this notice or the docket for this case number will be closed. (esa) |
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