James Shayler v. The Exa F. Ely Limited Partnership, et al
| James Shayler |
| Does 1-10, inclusive, The Smartt Trust Dated July 10, 1989 and The Exa F. Ely Limited Partnership |
| 2:2020cv11288 |
| December 14, 2020 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Michael R Wilner |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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Filing 20
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #18 #19 by Judge Michael W. Fitzgerald. The request of Defendants The Exa F. Ely Limited Partnership a California limited partnership and The Smartt Trust Dated July 10, 1989 to substitute Michael J. Karlin as attorney of record instead of Thomas Patrick Carter is GRANTED. (iv)
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| Filing 19 REQUEST TO SUBSTITUTE ATTORNEY Michael J. Karlin in place of attorney Thomas Patrick Carter filed by Defendant The Smartt Trust Dated July 10, 1989. (Attachments: #1 Proposed Order) (Attorney Michael Joseph Karlin added to party The Smartt Trust Dated July 10, 1989(pty:dft)) (Karlin, Michael) |
| Filing 18 REQUEST TO SUBSTITUTE ATTORNEY Michael J. Karlin in place of attorney Thomas Patrick Carter filed by Defendant The Exa F. Ely Limited Partnership. (Attachments: #1 Proposed Order) (Attorney Michael Joseph Karlin added to party The Exa F. Ely Limited Partnership(pty:dft)) (Karlin, Michael) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff James Shayler, upon Defendant The Smartt Trust Dated July 10, 1989 served on 12/27/2020, answer due 1/19/2021. in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Manning, Joseph) |
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Filing 16
ORDER by Judge Michael W. Fitzgerald: Granting #14 #15 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 4/19/2021. (iv)
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| Filing 15 APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by defendant The Smartt Trust Dated July 10, 1989. (Attorney Thomas Patrick Carter added to party The Smartt Trust Dated July 10, 1989(pty:dft)) (Carter, Thomas) |
| Filing 14 APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by defendant The Exa F. Ely Limited Partnership. (Attorney Thomas Patrick Carter added to party The Exa F. Ely Limited Partnership(pty:dft)) (Carter, Thomas) |
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Filing 13
MINUTES (IN CHAMBERS) ORDER DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFF'S STATE LAW CLAIMS by Judge Michael W. Fitzgerald. In light of the foregoing, the Court, in its discretion, declines to exercise supplemental jurisdiction over Plaintiffs state claims asserted in the Complaint. The Court therefore dismisses any such claims without prejudice. (iv)
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| Filing 12 RESPONSE filed by Plaintiff James Shaylerto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #11 (Attachments: #1 Declaration Re: JRM Response to OSC re Supplemental Jurisdiction, #2 Declaration Re: James Shayler Response to OSC re Supplemental Jurisdiction)(Manning, Joseph) |
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Filing 11
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE SUPPLEMENTAL JURISDICTION by Judge Michael W. Fitzgerald. Plaintiff is ORDERED to SHOW CAUSE in writing as to why this Court should exercise supplemental jurisdiction over the Unruh Act claim and the other state law claims alleged by Plaintiff. The Response shall be filed on or before DECEMBER 30, 2020. 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's declining to exercise supplemental jurisdiction over the Unruh Act claim and the dismissal of that claim pursuant to 28 U.S.C. 1367(c). (iv)
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| Filing 10 NOTICE to Parties Re (ADR-20) ADA Disability Access Litigation/Application for Stay and Early Mediation: PLAINTIFF IS DIRECTED to serve the ADA Packet on Defendant(s) at the same time the summons and complaint are served, if possible. If, upon receipt of this Notice to Parties, Plaintiff has already served Defendant(s), Plaintiff must serve the ADA Packet no later than fourteen (14) days after this Notice to Parties is filed by the Court. Within three (3) days of serving Defendant(s), Plaintiff must file with the Court a proof of service indicating that the ADA Packet was served on Defendant(s). *See Notice for further details.* (smom) |
| Filing 9 21 DAY Summons issued re Complaint #1 as to defendant The Smartt Trust Dated July 10, 1989. (esa) |
| Filing 8 21 DAY Summons issued re Complaint #1 as to defendant The Exa F. Ely Limited Partnership. (esa) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Michael R. Wilner. (esa) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff JAMES SHAYLER, an individual,. (Manning, Joseph) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff JAMES SHAYLER, an individual,. (Manning, Joseph) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff JAMES SHAYLER, an individual,. (Manning, Joseph) |
| Filing 2 Certification and NOTICE of Interested Parties filed by plaintiff JAMES SHAYLER, an individual,, (Manning, Joseph) |
| Filing 1 COMPLAINT Receipt No: ACACDC-29509262 - Fee: $402, filed by plaintiff JAMES SHAYLER, an individual,. (Attorney Joseph Richard Manning, Jr added to party JAMES SHAYLER, an individual, (pty:pla))(Manning, Joseph) |
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