James Shayler v. Sizzler USA Restaurants, Inc. et al
| JAMES SHAYLER, an individual, and James Shayler |
| SIZZLER USA RESTAURANTS, INC., a Delaware corporation, STEVE N. KWAK and SOOK H. KWAK, individually and as trustees of 2010 KWAK FAMILY TRUST, DATED OCTOBER 29, 2010, DOES 1-10 Inclusive, Sook H. Kwak, Does 1-10, inclusive, Sizzler USA Restaurants, Inc. and Steve N. Kwak |
| 2:2020cv11686 |
| December 28, 2020 |
| US District Court for the Central District of California |
| Percy Anderson |
| Charles F Eick |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 24, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 28 STATEMENT Plaintiff's Case filed by Plaintiff James Shayler re: Order on Application to Stay Case and Early Mediation re ADA Disability Access Litigation (ADR-22) #27 . (Manning, Joseph) |
Filing 27
ORDER by Judge Percy Anderson: granting #23 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 5/3/2021. (mrgo)
|
| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney David C Gurnick counsel for Defendant Sizzler USA Restaurants, Inc.. David C. Gurnick will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Attorney for Defendant, Sizzler USA Restaurants, Inc. David C. Gurnick. (Gurnick, David) |
|
Filing 25
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Jean P. Rosenbluth. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Jean P. Rosenbluth to Magistrate Judge Charles F. Eick for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-11686 PA(Ex). (rn)
|
| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, #23 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): A proposed order (ADR-22) shall be submitted as a separate attachment to the Application or to a Notice of Lodging. 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. (mrgo) |
| Filing 23 APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by Defendants Sook H. Kwak, Steve N. Kwak. (Attorney S Young Lim added to party Sook H. Kwak(pty:dft), Attorney S Young Lim added to party Steve N. Kwak(pty:dft)) (Lim, S) |
| Filing 22 NOTICE OF DISMISSAL filed by Plaintiff James Shayler pursuant to FRCP 41a(1) as to Sizzler USA Restaurants, Inc.. (Manning, Joseph) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) #20 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): The Notice lists Plaza Xalisco LLC, who is not a party to this action. 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. (mrgo) |
| Filing 20 NOTICE OF DISMISSAL filed by Plaintiff James Shayler pursuant to FRCP 41a(1) as to Sizzler USA Restaurants, Inc.. (Manning, Joseph) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff James Shayler, upon Defendant Sook H. Kwak served on 1/21/2021, answer due 2/11/2021. in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Manning, Joseph) |
|
Filing 19
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court has reviewed the Response filed by plaintiff and plaintiff's counsel to the Court's Order to Show Cause. For all of the foregoing reasons, the Court, in its discretion, declines to exercise supplemental jurisdiction over plaintiff's Unruh Act and any other construction-related accessibility claim. The Court therefore dismisses any such claims without prejudice. See 28 U.S.C. 1367(c)(4). (SEE DOCUMENT FOR DETAILS) (mrgo)
|
| Filing 17 APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by Attorney for Defendant Sizzler USA Restaurants, Inc. Sizzler USA Restaurants, Inc.. (Attachments: #1 Proposed Order ADA Disability Access Litigation: [Proposed] Order Granting Application for Stay and Early Mediation) (Attorney David C Gurnick added to party Sizzler USA Restaurants, Inc.(pty:dft)) (Gurnick, David) |
| Filing 16 RESPONSE filed by Plaintiff James Shaylerto Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #13 (Attachments: #1 Declaration of JRM, #2 Declaration of Shayler)(Manning, Joseph) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff James Shayler, upon Plaintiff Steve N. Kwak served on 1/8/2021, answer due 1/29/2021. in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Manning, Joseph) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff James Shayler, upon Defendant Sizzler USA Restaurants, Inc. served on 1/5/2021, answer due 1/26/2021. in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Manning, Joseph) |
|
Filing 13
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE by Judge Percy Anderson. The Complaint filed in this action asserts a claim for injunctive relief arising out of and alleged violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12010-12213, and a claim for damages pursuant to California's Unruh Civil Rights Act ("Unruh Act"), Cal. Civ. Code 51-53. It appears that the Court possesses only supplemental jurisdiction over the Unruh Act claim, and any other state law claim that plaintiff may have alleged, pursuant to the Court's supplemental jurisdiction. See 28 U.S.C. 1367(a). Plaintiff shall file a Response to this Order to Show Cause by no later than January 13, 2021. (SEE DOCUMENT FOR DETAILS) (mrgo)
|
|
Filing 12
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (gga)
|
| Filing 11 Notice to Parties: ADA Disability Access Litigation. (gga) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Sook H. Kwak, Steve N. Kwak. (et) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Sizzler USA Restaurants, Inc. (et) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Jean P. Rosenbluth. (et) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff JAMES SHAYLER, an individual,. (Manning, Joseph) |
| 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 CIVIL COVER SHEET 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-29748648 - 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) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
