Orlando Garcia v. Joel K. Heller et al
| Orlando Garcia |
| Joel K. Heller, Cemitas La China Poblana, Inc., Janet Heller, Richard Heller and Mandy J. Heller |
| 2:2020cv09890 |
| October 28, 2020 |
| US District Court for the Central District of California |
| Percy Anderson |
| Karen L Stevenson |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| None |
Docket Report
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Filing 22
MINUTE ORDER IN CHAMBERS Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson. 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 4, 2021, why this action should not be dismissed for lack of prosecution. (lom)
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| Filing 21 PROOF OF SERVICE filed by Plaintiff Orlando Garcia, re Notice of Appearance #19 , Response #20 (Attachments: #1 Proof of Service, #2 Proof of Service)(Gutierrez, Faythe) |
| Filing 20 RESPONSE filed by Plaintiff Orlando Garciato Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines #18 (Gutierrez, Faythe) |
| Filing 19 NOTICE of Appearance filed by attorney Faythe Elizabeth Gutierrez on behalf of Plaintiff Orlando Garcia (Attorney Faythe Elizabeth Gutierrez added to party Orlando Garcia(pty:pla))(Gutierrez, Faythe) |
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Filing 18
MINUTE ORDER IN CHAMBERS - Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson. (Show Cause Response due by 12/18/2020.) (mrgo)
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| Filing 17 PROOF OF SERVICE Executed by Plaintiff Orlando Garcia, upon Defendant Cemitas La China Poblana, Inc. served on 11/27/2020, answer due 12/18/2020. Service of the Summons and Complaint were executed upon Omar Q. - cashier 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 16 PROOF OF SERVICE Executed by Plaintiff Orlando Garcia, upon Defendant Mandy J. Heller served on 11/10/2020, answer due 12/1/2020. in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Orlando Garcia, upon Defendant Joel K. Heller served on 11/26/2020, answer due 12/17/2020. Service of the Summons and Complaint were executed upon Mandy J. Heller- Co- Occupant in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons returned. (Handy, Russell) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Orlando Garcia, upon Defendant Richard Heller served on 11/26/2020, answer due 12/17/2020. Service of the Summons and Complaint were executed upon Carmen Lopez- Housekeeper in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons returned. (Handy, Russell) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Orlando Garcia, upon Defendant Janet Heller served on 11/26/2020, answer due 12/17/2020. Service of the Summons and Complaint were executed upon Carmen Lopez- Housekeeper in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons returned. (Handy, Russell) |
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Filing 15
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court has reviewed the Response filed by plaintiff and plaintiff's counsel to the Court's Order to Show Cause #11 . 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. (lom)
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| Filing 11 RESPONSE filed by Plaintiff Orlando Garciato Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #10 (Attachments: #1 Declaration, #2 Declaration)(Handy, Russell) |
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Filing 10
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE by Judge Percy Anderson. The Complaint filed in this action asserts a claim for injunctive relief arising out of and alleged violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12010-12213, and a claim for damages pursuant to California's Unruh Civil Rights Act ("Unruh Act"), Cal. Civ. Code 51-53. It appears that the Court possesses only supplemental jurisdiction over the Unruh Act claim, and any other state law claim that plaintiff may have alleged, pursuant to the Court's supplemental jurisdiction. See 28 U.S.C. 1367(a). (Show Cause Response due by 11/16/2020.) (mrgo)
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Filing 9
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for details) (mrgo)
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| Filing 8 Notice to Parties: ADA Disability Access Litigation. (gga) |
| Filing 7 21 DAY Summons issued re Complaint #1 as to defendants Cemitas La China Poblana, Inc., Janet Heller, Joel K. Heller, Mandy J. Heller, Richard Heller. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Karen L. Stevenson. (esa) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Orlando Garcia. (Handy, Russell) |
| Filing 3 CERTIFICATE of Interested Parties filed by plaintiff Orlando Garcia, (Handy, Russell) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Orlando Garcia. (Handy, Russell) |
| Filing 1 COMPLAINT Receipt No: ACACDC-28741561 - Fee: $400, filed by plaintiff Orlando Garcia. (Attorney Russell C Handy added to party Orlando Garcia(pty:pla))(Handy, Russell) |
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