Orlando Garcia v. Jeffrey Back et al
Plaintiff: Orlando Garcia
Defendant: Joann Moisan, Jeffrey Back and El Morfi, Inc
Alternative Dispute Resolution (Adr) Provider: Hon Victor E Bianchini
Case Number: 2:2020cv10396
Filed: November 13, 2020
Court: US District Court for the Central District of California
Presiding Judge: Pedro V Castillo
Referring Judge: Dolly M Gee
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 8, 2021 Filing 29 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Victor E Bianchini has been assigned to serve as Panel Mediator. (lst)
January 7, 2021 Filing 28 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Victor Bianchini may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Orlando Garcia(Montgomery, Elliott)
January 6, 2021 Filing 27 STATEMENT re: Order on Application to Stay Case and Early Mediation re ADA Disability Access Litigation (ADR-22) #25 . (Montgomery, Elliott)
January 6, 2021 Filing 26 NOTICE of Association of Counsel associating attorney Elliott Montgomery on behalf of Plaintiff Orlando Garcia. Filed by Plaintiff Orlando Garcia (Attorney Elliott Charles Montgomery added to party Orlando Garcia(pty:pla))(Montgomery, Elliott)
December 28, 2020 Opinion or Order Filing 25 ORDER by Judge Dolly M. Gee: Granting #14 , #19 , #21 APPLICATION to Stay Case re Early Mediation ADA Disability Access Litigation as to All Defendants. The ADR proceeding is to be completed no later than 3/9/2021. (gk)
December 27, 2020 Filing 24 PROOF OF SERVICE Executed by Plaintiff Orlando Garcia, upon Defendant Joann Moisan served on 12/24/2020, answer due 1/14/2021. Service of the Summons and Complaint were executed upon Jeffrey Back - 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)
December 16, 2020 Opinion or Order Filing 23 MINUTES OF IN CHAMBERS - ORDER DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFF'S STATE LAW CLAIM by Judge Dolly M. Gee: The Court ordered Plaintiff to show cause in writing why the Court should exercise supplemental jurisdiction over the Unruh Act claim asserted in the Complaint #10 . Having reviewed and considered Plaintiff's response to the Court's Order to Show Cause #12 , the Court declines to exercise supplemental jurisdiction over the state law claim. The Court also declines Plaintiff's request to invite the California Attorney General to weigh in on the issue. Should the State seek to file an amicus brief addressing Plaintiffs' concerns, it is welcome to do so without invitation. The Court therefore dismisses the state law claim without prejudice. Court Reporter: Not Reported. (gk)
December 16, 2020 Filing 22 CERTIFICATE of Interested Parties filed by Defendants Jeffrey Back, El Morfi, Inc, Joann Moisan, (MacCarley, Mark)
December 16, 2020 Filing 21 APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by Defendants Joann Moisan. (MacCarley, Mark)
December 15, 2020 Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, #19 , Certificate/Notice of Interested Parties #18 . The following error(s) was/were found: At first glance, both form appear blank. The filer should have flattened the PDF images prior to attaching them to the docket entries. Defendants identify Ellen B. Dean as a defendant, however, she was not named as a defendant in the Complaint. 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)
December 11, 2020 Filing 19 APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by Defendants Jeffrey Back, El Morfi, Inc, Joann Moisan. (MacCarley, Mark)
December 11, 2020 Filing 18 CERTIFICATE of Interested Parties filed by Defendants All Defendants, (MacCarley, Mark)
December 11, 2020 Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, #14 . The following error(s) was/were found: Form is blank. 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. (lom)
December 11, 2020 Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Certificate/Notice of Interested Parties #15 . The following error(s) was/were found: Form is blank. 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. (lom)
December 10, 2020 Filing 15 CERTIFICATE of Interested Parties filed by Defendant All Defendants, (MacCarley, Mark)
December 10, 2020 Filing 14 APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by Defendant Jeffrey Back, El Morfi, Inc, Joann Moisan. (Attachments: #1 Proposed Order) (MacCarley, Mark)
December 10, 2020 Filing 13 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Jeffrey Back, El Morfi, Inc, Joann Moisan.(Attorney Mark MacCarley added to party Jeffrey Back(pty:dft), Attorney Mark MacCarley added to party El Morfi, Inc(pty:dft), Attorney Mark MacCarley added to party Joann Moisan(pty:dft))(MacCarley, Mark)
November 30, 2020 Filing 12 RESPONSE filed by Plaintiff Orlando Garciato Minutes of In Chambers Order/Directive - no proceeding held,,,, Order to Show Cause,,, #10 (Attachments: #1 Declaration, #2 Declaration of Dennis Price, #3 Proof of Service)(Handy, Russell)
November 25, 2020 Filing 11 PROOF OF SERVICE Executed by Plaintiff Orlando Garcia, upon Defendant Jeffrey Back served on 11/20/2020, answer due 12/11/2020. in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell)
November 19, 2020 Opinion or Order Filing 10 MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT DECLINE TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFF'S STATE LAW CLAIM by Judge Dolly M. Gee: The Court orders Plaintiff to show cause in writing why the Court should exercise supplemental jurisdiction over the Unruh Act claim. In responding to this Order to Show Cause, Plaintiff shall identify the amount of statutory damages Plaintiff seeks to recover. Plaintiff shall file a Response to this Order to Show Cause by 11/30/2020. Failure to timely or adequately respond to this Order to Show Cause may, without further warning, result in the Court declining to exercise supplemental jurisdiction over the Unruh Act claim and the dismissal of any such claim pursuant to 28 U.S.C. section 1367(c). Court Reporter: Not Reported. (gk)
November 17, 2020 Filing 9 Notice to Parties: ADA Disability Access Litigation. (kti)
November 17, 2020 Opinion or Order Filing 8 INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
November 17, 2020 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendants Jeffrey Back, El Morfi, Inc, Joann Moisan. (mrgo)
November 17, 2020 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (mrgo)
November 17, 2020 Filing 5 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Pedro V. Castillo. (mrgo)
November 13, 2020 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Orlando Garcia. (Handy, Russell)
November 13, 2020 Filing 3 NOTICE of Interested Parties filed by plaintiff Orlando Garcia, (Handy, Russell)
November 13, 2020 Filing 2 CIVIL COVER SHEET filed by Plaintiff Orlando Garcia. (Handy, Russell)
November 13, 2020 Filing 1 COMPLAINT Receipt No: ACACDC-28994499 - Fee: $400, filed by plaintiff Orlando Garcia. (Attorney Russell C Handy added to party Orlando Garcia(pty:pla))(Handy, Russell)

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Defendant: Joann Moisan
Represented By: Mark MacCarley
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Defendant: Jeffrey Back
Represented By: Mark MacCarley
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Defendant: El Morfi, Inc
Represented By: Mark MacCarley
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Plaintiff: Orlando Garcia
Represented By: Russell C Handy
Represented By: Elliott Charles Montgomery
Represented By: Dennis Jay Price, II
Represented By: Raymond George Ballister, Jr
Represented By: Amanda Lockhart Seabock
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Alternative dispute resolution (adr) provider: Hon Victor E Bianchini
Represented By: Victor Eugene Bianchini
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