Orlando Garcia v. EB Foods HP Corporation et al
| Orlando Garcia |
| EB HP LLC and EB Foods HP Corporation |
| 2:2021cv00681 |
| January 26, 2021 |
| US District Court for the Central District of California |
| Patricia Donahue |
| Jean P Rosenbluth |
| Otis D Wright |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| None |
Docket Report
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This docket was last retrieved on March 3, 2021. A more recent docket listing may be available from PACER.
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| Filing 17 STIPULATION Extending Time to Answer the complaint as to EB HP LLC answer now due 4/7/2021; EB Foods HP Corporation answer now due 4/7/2021, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants EB HP LLC ; EB Foods HP Corporation.(Attorney William R Mitchell added to party EB Foods HP Corporation(pty:dft), Attorney William R Mitchell added to party EB HP LLC (pty:dft))(Mitchell, William) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Orlando Garcia, upon Defendant EB HP LLC served on 2/14/2021, answer due 3/8/2021. Service of the Summons and Complaint were executed upon R. Smith. Office Manager in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Handy, Russell) |
Filing 15
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 #13 . 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. (lom)
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| Filing 14 PROOF OF SERVICE Executed by Plaintiff Orlando Garcia, upon Defendant EB Foods HP Corporation served on 2/14/2021, answer due 3/8/2021. Service of the Summons and Complaint were executed upon R. Smith. Office Manager in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Handy, Russell) |
| Filing 13 RESPONSE filed by Plaintiff Orlando Garciato Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #10 (Attachments: #1 Declaration, #2 Declaration)(Handy, Russell) |
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Filing 12
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 11
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 Patricia Donahue for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-00681 ODW(PDx). (rn)
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Filing 10
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff is ORDERED TO SHOW CAUSE in writing No Later Than February 10, 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 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.. The Court's Electronic Document Submission System (EDSS) allows people without lawyers who havepending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerk's Office. 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 Court's Website and Judges procedures for information as applicable. (lc)
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants EB Foods HP Corporation and EB HP LLC. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Jean P. Rosenbluth. (jtil) |
| 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-30236493 - Fee: $402, filed by plaintiff Orlando Garcia. (Attorney Russell C Handy added to party Orlando Garcia(pty:pla))(Handy, Russell) |
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