Terry Hubbard v. 13JS Avalon, LLC et al
Plaintiff: Terry Hubbard
Defendant: 13JS Avalon, LLC and Citi Mall, Inc.
Case Number: 2:2020cv09282
Filed: October 9, 2020
Court: US District Court for the Central District of California
Presiding Judge: Rozella A Oliver
Referring Judge: Otis D Wright
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 November 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 12, 2020 Filing 18 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Citi Mall, Inc. (lc)
November 12, 2020 Filing 17 REQUEST for Clerk to Enter Default against defendant Citi Mall, Inc. filed by Plaintiff Terry Hubbard. (Attachments: #1 Declaration, #2 Proof of Service) (Gutierrez, Faythe)
November 12, 2020 Filing 16 NOTICE of Appearance filed by attorney Faythe Elizabeth Gutierrez on behalf of Plaintiff Terry Hubbard (Attachments: #1 Proof of Service)(Attorney Faythe Elizabeth Gutierrez added to party Terry Hubbard(pty:pla))(Gutierrez, Faythe)
November 10, 2020 Opinion or Order Filing 15 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff(s) is ordered to show cause in writing no later than November 12, 2020 why this actionshould not be dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on orbefore the above date: Plaintiff's request for entry of default as to the defendant- Citi Mall, Inc.. In the event both documents are filed before the above date, the answer will take precedence. Answer by the defendant(s). Failure to respond to the Court's Order may result in the dismissal of the action. (lc)
November 6, 2020 Opinion or Order Filing 14 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, 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)
October 28, 2020 Filing 13 RESPONSE filed by Plaintiff Terry Hubbardto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #11 (Attachments: #1 Declaration, #2 Declaration, #3 Proof of Service)(Handy, Russell)
October 21, 2020 Filing 12 PROOF OF SERVICE Executed by Plaintiff Terry Hubbard, upon Defendant Citi Mall, Inc. served on 10/19/2020, answer due 11/9/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process: Osamah Khaled in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell)
October 15, 2020 Opinion or Order Filing 11 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff is ORDERED TO SHOW CAUSE in writing No Later Than October 29, 2020 why the Court should exercise supplemental jurisdiction over the Unruh Act claim and any other state law claim asserted in the Complaint. 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 and other state law claims, if any, and the dismissal of that claim pursuant to 28 USC 1367 (c). (lc)
October 14, 2020 Opinion or Order Filing 10 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER REGARDING PROSECUTION OF CERTAIN CASES UNDER THE AMERICANS WITH DISABILITIES ACT. The Court finds that there is good cause to institute a limited scheduling order concerning basic case prosecution for cases under the Americans With Disabilities Act involving physical barriers in places of public accommodation. (SEE DOCUMENT FOR SPECIFIC ENUMERATED REQUIREMENTS AND DEADLINES THEREIN). The failure to comply with this Order in a particular case will result in a sanction of $300.00 payable to the clerk of the court within two weeks of Plaintiff being given notice of noncompliance and dismissal for lack of prosecution. The Court finds these sanctions sufficient and necessary to deter violations of the Order and to achieve timely prosecution of these cases without unnecessary intervention by the Court. (lc)
October 14, 2020 Filing 9 Notice to Parties: ADA Disability Access Litigation. (lc)
October 14, 2020 Opinion or Order 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)
October 13, 2020 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants 13JS Avalon, LLC, Citi Mall, Inc. (et)
October 13, 2020 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
October 13, 2020 Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Rozella A. Oliver. (et)
October 9, 2020 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Terry Hubbard. (Handy, Russell)
October 9, 2020 Filing 3 CERTIFICATE of Interested Parties filed by plaintiff Terry Hubbard, (Handy, Russell)
October 9, 2020 Filing 2 CIVIL COVER SHEET filed by Plaintiff Terry Hubbard. (Handy, Russell)
October 9, 2020 Filing 1 COMPLAINT Receipt No: ACACDC-28459957 - Fee: $400, filed by plaintiff Terry Hubbard. (Attorney Russell C Handy added to party Terry Hubbard(pty:pla))(Handy, Russell)

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Defendant: 13JS Avalon, LLC
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Defendant: Citi Mall, Inc.
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Plaintiff: Terry Hubbard
Represented By: Russell C Handy
Represented By: Amanda Lockhart Seabock
Represented By: Raymond George Ballister, Jr
Represented By: Dennis Jay Price, II
Represented By: Faythe Elizabeth Gutierrez
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