Nehemiah Kong v. Nhan T. Tran
Plaintiff: Nehemiah Kong
Defendant: Nhan T. Tran
Case Number: 2:2021cv01297
Filed: February 12, 2021
Court: US District Court for the Central District of California
Presiding Judge: Michael R Wilner
Referring Judge: Otis D Wright
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. ยง 12101
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2021 Filing 16 NOTICE of Settlement and request to vacate all currently set dates filed by plaintiff Nehemiah Kong. (Attachments: #1 Proposed Order, #2 Proof of Service)(Seabock, Amanda)
March 19, 2021 Opinion or Order Filing 15 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiffs Proof of Service, Defendant Nhan T. Tran's response to the Complaint was due by March 11, 2021. (See Proof of Service, ECF No. 13 (indicating personal service on Defendant on February 18, 2021).) More than five court days have passed and Plaintiff has not requested entry of default as required. Therefore, the Court hereby imposes the SANCTION of $300.00 and DISMISSES this case 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. All dates and deadlines are VACATED. The Clerk of the Court shall close this case. (Made JS-6. Case Terminated.) (lc)
March 17, 2021 Opinion or Order 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 Courts 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 claim. The Court therefore dismisses any such claims without prejudice. (lc)
March 11, 2021 Filing 13 PROOF OF SERVICE Executed by Plaintiff Nehemiah Kong, upon Defendant Nhan T. Tran served on 2/18/2021, answer due 3/11/2021. in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell)
March 1, 2021 Filing 12 RESPONSE filed by Plaintiff Nehemiah Kongto Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #11 (Attachments: #1 Declaration, #2 Declaration)(Handy, Russell)
February 16, 2021 Opinion or Order Filing 11 MINUTE ORDER (In Chambers): by Judge Otis D. Wright, II. The Court therefore ORDERS Plaintiff to SHOW CAUSE in writing why the Court should exercise supplemental jurisdiction over the Unruh Act claim and any other state law claim asserted in the Complaint. Plaintiff shall file a Response to this Order to Show Cause by no later than March 2, 2021. (lom)
February 12, 2021 Opinion or Order 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)
February 12, 2021 Filing 9 Notice to Parties: ADA Disability Access Litigation. (lc)
February 12, 2021 Opinion or Order 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 Judge's procedures for information as applicable. (lc)
February 12, 2021 Filing 7 21 DAY Summons issued re Complaint #1 as to defendant Nhan T. Tran. (esa)
February 12, 2021 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
February 12, 2021 Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Michael R. Wilner. (esa)
February 12, 2021 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Nehemiah Kong. (Handy, Russell)
February 12, 2021 Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Nehemiah Kong, (Handy, Russell)
February 12, 2021 Filing 2 CIVIL COVER SHEET filed by Plaintiff Nehemiah Kong. (Handy, Russell)
February 12, 2021 Filing 1 COMPLAINT Receipt No: ACACDC-30518960 - Fee: $402, filed by plaintiff Nehemiah Kong. (Attorney Russell C Handy added to party Nehemiah Kong(pty:pla))(Handy, Russell)

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Plaintiff: Nehemiah Kong
Represented By: Amanda Lockhart Seabock
Represented By: Raymond George Ballister, Jr
Represented By: Dennis Jay Price, II
Represented By: Russell C Handy
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Defendant: Nhan T. Tran
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