Orlando Garcia v. Charles W. Lee et al
| Orlando Garcia |
| Charles W Lee, Giant Liquor & Market, Inc and Hiok Lee |
| 2:2020cv11577 |
| December 23, 2020 |
| US District Court for the Central District of California |
| Maria A Audero |
| Otis D Wright |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| None |
Docket Report
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Filing 19
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: RE December 30, 2020, the Court issued an Order Regarding Prosecution of Certain Cases Under the Americans With Disabilities Act. More than five court days have passed and Plaintiff has not requested entry of default as to either of these Defendants as required. Therefore, the Court hereby imposes the SANCTION of $300.00 and DISMISSES Defendants Charles W. Lee and Hiok Lee without prejudice for lack of prosecution. Plaintiff shall submit payment to the Clerk of the Court within two weeks of the date of this order. (lc)
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| Filing 18 PROOF OF SERVICE Executed by Plaintiff Orlando Garcia, upon Defendant Charles W Lee served on 1/8/2021, answer due 1/29/2021. in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Orlando Garcia, upon Defendant Hiok Lee served on 1/8/2021, answer due 1/29/2021. in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell) |
| Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney Shelby Kathryn Kroeger counsel for Defendant Giant Liquor & Market, Inc. Adding Shelby K. Kroeger as counsel of record for Giant Liquor & Market, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Giant Liquor & Market, Inc.. (Attorney Shelby Kathryn Kroeger added to party Giant Liquor & Market, Inc(pty:dft))(Kroeger, Shelby) |
| Filing 15 Joint STIPULATION Extending Time to Answer the complaint as to Giant Liquor & Market, Inc answer now due 3/2/2021, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Giant Liquor & Market, Inc.(Attorney Dillon D Chen added to party Giant Liquor & Market, Inc(pty:dft))(Chen, Dillon) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Orlando Garcia, upon Defendant Giant Liquor & Market, Inc served on 1/9/2021, answer due 2/1/2021. Service of the Summons and Complaint were executed upon Agent for Service of Process: Michelle Nguyen in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell) |
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Filing 13
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court has reviewed the Response filed by Plaintiff and Plaintiff s counsel to the Court's Order to Show Cause. The Court, in its discretion, declines to exercise supplemental jurisdiction over Plaintiff's Unruh Act and any other construction-related accessibility state law claim. The Court therefore dismisses any such claims without prejudice. (lc)
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| Filing 12 RESPONSE filed by Plaintiff Orlando Garciato Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #8 (Attachments: #1 Declaration, #2 Declaration)(Handy, Russell) |
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Filing 11
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)
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| Filing 10 Notice to Parties: ADA Disability Access Litigation. (lc) |
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Filing 9
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)
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Filing 8
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff is ORDERED TO SHOW CAUSE in writing No Later Than January 11, 2021 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)
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| Filing 7 21 DAY Summons issued re Complaint #1 as to defendants Giant Liquor & Market, Inc, Charles W Lee, Hiok Lee. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Maria A. Audero. (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 NOTICE 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-29673858 - Fee: $402, filed by plaintiff Orlando Garcia. (Attorney Russell C Handy added to party Orlando Garcia(pty:pla))(Handy, Russell) |
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