James Shayler v. 5175 Oveland, LLC et al
| JAMES SHAYLER, an individual, and James Shayler |
| DOES 1-10 Inclusive, 5175 OVERLAND, LLC, a California limited liability company, 5175 Oveland, LLC and Does 1-10, inclusive |
| 2:2020cv11600 |
| December 23, 2020 |
| US District Court for the Central District of California |
| Karen L Stevenson |
| Otis D Wright |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 18, 2021. A more recent docket listing may be available from PACER.
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Filing 18
MINUTE ORDER In Chambers by Judge Otis D. Wright, II. Pursuant to Plaintiffs' Notice of Voluntary Dismissal (ECF No. #16 ) and FRCP 41(a)(1): IT IS HEREBY ORDERED that: 1. The entire action and all claims asserted therein are hereby DISMISSED WITH PREJUDICE; 2. Each party shall bear its own fees and costs. (Made JS-6. Case Terminated.) (lom)
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Filing 17
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:In light of Plaintiff's Notice of Settlement #15 , indicating that the case has settled in its entirety, this action is placed on inactive status. By March 18, 2021, the parties shall file a dismissal that complies with Federal Rule of Civil Procedure 41. Failure to timely comply with this order shall result in the dismissal of this action. All dates and deadlines in this action are VACATED and taken off calendar. (lc)
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| Filing 16 NOTICE of Voluntary Dismissal filed by Plaintiff James Shayler. Dismissal is with prejudice. (Manning, Joseph) |
| Filing 15 NOTICE of Settlement filed by Plaintiff James Shayler. (Manning, Joseph) |
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Filing 14
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 13 RESPONSE filed by Plaintiff James Shaylerto Minutes of In Chambers Order/Directive - no proceeding held,, #11 (Attachments: #1 Declaration of JRM, #2 Declaration of Shayler)(Manning, Joseph) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff James Shayler, upon Defendant 5175 Oveland, LLC served on 1/18/2021, answer due 2/8/2021. in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Manning, Joseph) |
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Filing 11
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff is ORDERED TO SHOW CAUSE in writing No Later Than January 27, 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 10
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 9 Notice to Parties: ADA Disability Access Litigation. (lc) |
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Filing 8
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 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant 5175 Oveland, LLC. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Karen L. Stevenson. (lh) |
| 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-29685433 - 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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