Dwain Lammey v. Best Choice Investments
Plaintiff: Dwain Lammey
Defendant: Best Choice Investments and Does 1-10
Case Number: 2:2021cv02439
Filed: March 19, 2021
Court: US District Court for the Central District of California
Presiding Judge: Percy Anderson
Referring Judge: Alexander F MacKinnon
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 22, 2021 Filing 21 Joint STIPULATION to Dismiss Case pursuant to Fed.R.Civ.P. 41 (a) (1)(A)(ii) filed by Plaintiff Dwain Lammey.(Seabock, Amanda)
April 21, 2021 Opinion or Order Filing 20 MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The Court has received the parties' joint 26(f) report and finds that a scheduling conference is not necessary. Dates set by the Court in this action are listed in the "Schedule of Trial and Pretrial Dates" attached to this order. The dates set by the Court are firm dates. Absent extraordinary circumstances, which must satisfy the requirements of Federal Rule of Civil Procedure 16(b) and be brought to the Court's attention in a timely manner, the Court will not modify these dates. The scheduling conference currently on calendar for May 3, 2021, at 10:30 a.m. is hereby vacated, and the matter taken off calendar. (See document for details) (mrgo)
April 21, 2021 Opinion or Order Filing 19 CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. (Discovery cut-off 9/27/2021. Motion cut-off date of 10/4/2021. Bench Trial set for 12/7/2021 at 09:00 AM before Judge Percy Anderson. Final Pretrial Conference set for 11/5/2021 at 01:30 PM before Judge Percy Anderson.) (mrgo)
April 21, 2021 Opinion or Order Filing 18 ORDER/REFERRAL to ADR Procedure No 2 by Judge Percy Anderson. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than October 11, 2021. (mrgo)
April 19, 2021 Filing 17 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3 days, filed by Plaintiff Dwain Lammey.. (Price, Dennis)
April 19, 2021 Opinion or Order Filing 16 MINUTES (IN CHAMBERS) COURT ORDER by Judge Percy Anderson. Upon review of Plaintiff's response to the Court's Order to Show Cause, the Court vacates the Order declining to exercise supplemental jurisdiction. The Court will continue to exercise supplemental jurisdiction over Plaintiff's Unruh Civil Rights Act pending further developments in the litigation. (iv)
April 16, 2021 Filing 15 RESPONSE filed by Plaintiff Dwain Lammeyto Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #12 (Attachments: #1 Declaration, #2 Declaration, #3 EXHIBIT 1)(Price, Dennis)
April 8, 2021 Opinion or Order Filing 14 MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson re: Stipulation to Stay Case, #13 . For the reasons stated above, the Court denies the parties' joint stipulation to stay these proceedings. If the parties agree that the website in this case provides the same information and level of detail as the websites involved in the cases on appeal to the Ninth Circuit, the parties may stipulate that this matter is governed by those cases and agree to be bound by the appellate decision in those other cases. The Court will then issue a judgment that allows this case to join those on appeal without additional expense to the parties or a risk of inconsistent rulings. In the alternative, the parties may wish to consider dismissing this case without prejudice subject to a tolling agreement. (See document for details) (mrgo)
April 7, 2021 Filing 13 Joint STIPULATION to Stay Case pending Three Other Cases Addressing The Same Legal Issue That Is Present In This Case, Pending Before The Court Of Appeals For The Ninth Circuit filed by Defendant Best Choice Investments. (Attachments: #1 Declaration of Ashley N. Arnett in Support, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Proposed Order)(Arnett, Ashley)
April 5, 2021 Opinion or Order Filing 12 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 April 19, 2021. (SEE DOCUMENT FOR DETAILS) (mrgo)
March 29, 2021 Filing 11 PROOF OF SERVICE filed by plaintiff Dwain Lammey, re Notice to Parties ADA Disability Access Litigation (ADR-20) #7 served on 3/29/2021. (Handy, Russell)
March 22, 2021 Opinion or Order Filing 10 STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for details) (mrgo)
March 22, 2021 Opinion or Order Filing 9 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 5/3/2021 at 10:30 AM before Judge Percy Anderson.) (mrgo)
March 22, 2021 Filing 8 STIPULATION Extending Time to Answer the complaint as to Best Choice Investments answer now due 4/23/2021, filed by Defendant Best Choice Investments.(Arnett, Ashley)
March 22, 2021 Filing 7 Notice to Parties: ADA Disability Access Litigation. (kss)
March 22, 2021 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
March 22, 2021 Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Alexander F. MacKinnon. (lh)
March 19, 2021 CONFORMED FILED COPY OF COMPLAINT against Defendants Best Choice Investments, Does, filed by Plaintiff Dwain Lammey. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 1/14/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh)
March 19, 2021 Filing 4 Certification and Notice of Interested Parties filed by Defendant Best Choice Investments, identifying 1. Plaintiff Dwain Lammey, 2) Defendant Best Choice Investments, and 3) Wyndham Hotel Group, LLC. (Arnett, Ashley)
March 19, 2021 Filing 3 DECLARATION of Ashley N. Arnett re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Best Choice Investments. (Attachments: #1 Exhibit A)(Arnett, Ashley)
March 19, 2021 Filing 2 CIVIL COVER SHEET filed by Defendant Best Choice Investments. (Arnett, Ashley)
March 19, 2021 Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior, case number 21BBCV00038 Receipt No: ACACDC-30949288 - Fee: $402, filed by Defendant Best Choice Investments. (Attorney Ashley Nicole Arnett added to party Best Choice Investments(pty:dft))(Arnett, Ashley)

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Plaintiff: Dwain Lammey
Represented By: Amanda Lockhart Seabock
Represented By: Raymond George Ballister, Jr
Represented By: Russell C Handy
Represented By: Zachary Manning Best
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Defendant: Best Choice Investments
Represented By: Ashley Nicole Arnett
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Defendant: Does 1-10
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