Brian Whitaker v. Maxtana Avenue, LLC et al
| Brian Whitaker |
| Maxtana Avenue, LLC and Delta Galil USA, Inc. |
| 2:2020cv10281 |
| November 10, 2020 |
| US District Court for the Central District of California |
| Steve Kim |
| Mark C Scarsi |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| None |
Docket Report
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Filing 26
MINUTE ORDER IN CHAMBERS (IN CHAMBERS) ORDER DISMISSING ACTION (JS-6) by Judge Mark C. Scarsi. re: Notice of Settlement #23 . (smo)
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| Filing 24 NOTICE of Appearance filed by attorney Amanda Lockhart Seabock on behalf of Plaintiff Brian Whitaker (Seabock, Amanda) |
| Filing 25 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Delta Galil USA, Inc Answer to Complaint (Attorney Civil Case Opening) #19 by Judge Mark C. Scarsi. The document is accepted as filed. Defendant Delta Galil USA, Inc. must file its notice of interested parties by January 8, 2021. (lc) |
| Filing 23 NOTICE of Settlement and request to vacate all currently set dates filed by plaintiff Brian Whitaker. (Attachments: #1 Proposed Order)(Seabock, Amanda) |
| Filing 22 CERTIFICATE of Interested Parties filed by Defendant Delta Galil USA, Inc., identifying DG Premium Brands LLC, Delta Galil USA, Inc., Delta Galil Industries, Ltd.. (Gelb, Paul) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #19 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (lc) |
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Filing 20
ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 3/15/2021 at 10:00 AM before Judge Mark C. Scarsi. (smo)
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| Filing 19 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Delta Galil USA, Inc..(Gelb, Paul) |
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Filing 18
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER RE: STIPULATION #17 .Plaintiff Brian Whitaker and Defendants Maxtana Avenue, LLC, and DeltaGalil USA, Inc., filed a stipulation to extend the time for Defendants to respond to the Complaint.As to Maxtana, the stipulation is effective without a court order. As to Maxtana, the stipulation is effective without a court order. See C.D. Cal. L.R. 8-3. As to Delta, the stipulation is Denied. The parties do not support their stipulation with a detailed declaration of the grounds for the requested extension or a demonstration of good cause why the change in the date is essential. (Initial Standing Order 4, ECF No. 8.) The parties submitted their stipulation two days before Delta's response deadline, suggesting a lack of good cause. (See id. ("Counsel should avoid submitting requests for a continuance less than at least seven (7) calendar days prior to the scheduled date that is the subject of the request.").) (lc)
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| Filing 17 First STIPULATION Extending Time to Answer the complaint as to Maxtana Avenue, LLC answer now due 1/15/2021, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Maxtana Avenue, LLC. (Attachments: #1 Proposed Order)(Attorney Lee A Dresie added to party Maxtana Avenue, LLC(pty:dft))(Dresie, Lee) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Brian Whitaker, upon Defendant Delta Galil USA, Inc. served on 11/16/2020, answer due 1/6/2021. 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) |
| Filing 15 STIPULATION Extending Time to Answer the complaint as to Delta Galil USA, Inc. answer now due 1/6/2021, filed by Defendant Delta Galil USA, Inc..(Attorney Paul M Gelb added to party Delta Galil USA, Inc.(pty:dft))(Gelb, Paul) |
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Filing 14
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi:ORDER DECLINING SUPPLEMENTALJURISDICTION. 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 13 PROOF OF SERVICE Executed by Plaintiff Brian Whitaker, upon Defendant Maxtana Avenue, LLC served on 11/29/2020, answer due 12/21/2020. Service of the Summons and Complaint were executed upon Braxten Smith (Office Manager - Authorized ) 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 RESPONSE filed by Plaintiff Brian Whitakerto Minutes of In Chambers Order/Directive - no proceeding held,, #11 (Attachments: #1 Declaration, #2 Declaration)(Handy, Russell) |
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Filing 11
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: PLAINTIFF IS ORDERED TO SHOW CAUSE IN WRITING BY COURT SHOULD EXERCISE SUPPLEMENTAL JURISDICTION OVER THE UNRUH ACT CLAIM AND ANY OTHER STATE LAW CLAIM ASSERTED IN THE COMPLAINT WITH 14 DAYS. Failure to timely or adequately respond to this Order to Show Cause may, without further warning, result in the Courts dismissal of the entire action without prejudice, or the Courts declining to exercise supplemental jurisdiction over the Unruh Act and other state law claims, if any, and dismissal of any such claims pursuant to 28 USC 1367 (c). (lc)
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Filing 10
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi:ORDER RE PROSECUTION OF CERTAIN CASES UNDER THE AMERICANS WITH DISABILITIES ACT. (SEE DOCUMENT FOR SPECIFIC COMPLIANCE REQUIREMENTS AS ENUMERATED THEREIN). Monetary sanctions will be imposed for failure to comply. The first failure to comply with this Order will result in a sanction of $300.00, the second failure will result in a sanction of $450.00, and any further failure will result in a sanction of $750.00. (lc)
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| Filing 9 Notice to Parties: ADA Disability Access Litigation. (smo) |
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Filing 8
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Delta Galil USA, Inc. and Maxtana Avenue, LLC. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Steve Kim. (jtil) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Brian Whitaker. (Handy, Russell) |
| Filing 3 CERTIFICATE of Interested Parties filed by plaintiff Brian Whitaker, (Handy, Russell) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Brian Whitaker. (Handy, Russell) |
| Filing 1 COMPLAINT Receipt No: ACACDC-28934823 - Fee: $400, filed by plaintiff Brian Whitaker. (Attorney Russell C Handy added to party Brian Whitaker(pty:pla))(Handy, Russell) |
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