Nataly Morales v. John Kelly Foods et al
| Nataly Morales |
| John Kelly Foods, John Kelly Foods a California corporation doing business as John Kelly Chocolates and Does 1 to 10, inclusive |
| David Bolstad |
| 2:2021cv08432 |
| October 25, 2021 |
| US District Court for the Central District of California |
| Maria A Audero |
| John A Kronstadt |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 Americans With Disabilities Act |
| Plaintiff |
Docket Report
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Filing 42
ORDER RE JOINT STIPULATED REQUEST FOR DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1) (DKT. 40) by Judge John A. Kronstadt, re Stipulation to Dismiss Case #40 . Therefore, the Stipulation is APPROVED. This entire action is dismissed with prejudice; provided, however, that this is without prejudice to any claims by the absent putative class members. Each party shall bear its own costs, expert fees, attorney's fees and attorney expenses. (Case Terminated. Made JS-6.) (et)
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Filing 41
(IN CHAMBERS) TEXT-ONLY ORDER DISCHARGING ORDER TO SHOW CAUSE RE DISMISSAL AND TAKING HEARING OFF CALENDAR by Judge John A. Kronstadt: Based on a review of the Joint Stipulated Request For Dismissal Pursuant To F.R.C.P. Rule 41(a) (Dkt. #40 ), the Order to Show Cause Re Dismissal is DISCHARGED. The hearing previously scheduled for March 27, 2023 is taken off calendar. No appearance by counsel is necessary. A separate order dismissing this action will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (maco) TEXT ONLY ENTRY
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| Filing 40 Joint STIPULATION to Dismiss Case pursuant to 41(a)(1)(A)(ii) filed by plaintiff Nataly Morales. (Attachments: #1 Proposed Order)(Shining, Carolin) |
| Filing 39 NOTICE of Appearance filed by attorney Carolin K Shining on behalf of Plaintiff Nataly Morales (Attorney Carolin K Shining added to party Nataly Morales(pty:pla))(Shining, Carolin) |
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Filing 38
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING ORDER TO SHOW CAUSE RE DISMISSAL (DKT. 28) by Judge John A. Kronstadt: Based on a review of the parties' Updated Joint Report (Dkt. #37 ), the Order to Show Cause Re Dismissal (the "OSC" (Dkt. 28)) is continued from February 27, 2023, to March 27, 2023. If, by March 17, 2023, a request for, or notice of, dismissal is filed, the OSC will be discharged. If no such filing is made, the parties shall file an updated Joint Report by March 17, 2023. Based on a review of that Joint Report, a determination will be made as to whether the March 27, 2023 hearing on the OSC will proceed as scheduled. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (maco) TEXT ONLY ENTRY
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| Filing 37 STATUS REPORT filed by Plaintiff Nataly Morales. (Manoucheri, Binyamin) |
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Filing 36
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING ORDER TO SHOW CAUSE RE DISMISSAL (DKT. 28) by Judge John A. Kronstadt: Based on a review of the parties' Updated Joint Report (Dkt. #35 ), the Order to Show Cause Re Dismissal (the "OSC" (Dkt. 28)) is continued from January 23, 2023, to February 27, 2023. If, by February 17, 2023, a request for, or notice of, dismissal is filed, the OSC will be discharged. If no such filing is made, the parties shall file an updated Joint Report by February 17, 2023. Based on a review of that Joint Report, a determination will be made as to whether the February 27, 2023 hearing on the OSC will proceed as scheduled. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (maco) TEXT ONLY ENTRY
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| Filing 35 STATUS REPORT filed by Plaintiff Nataly Morales. (Manoucheri, Binyamin) |
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Filing 34
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING ORDER TO SHOW CAUSE RE DISMISSAL (DKT. 28) by Judge John A. Kronstadt: Based on a review of the parties' Updated Joint Report (Dkt. #33 ), the Order to Show Cause Re Dismissal (the "OSC" (Dkt. 28)) is continued from December 19, 2022, to January 23, 2023. If, by January 13, 2023, a request for, or notice of, dismissal is filed, the OSC will be discharged. If no such filing is made, the parties shall file an updated Joint Report by January 13, 2023. Based on a review of that Joint Report, a determination will be made as to whether the January 23, 2023 hearing on the OSC will proceed as scheduled. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (maco) TEXT ONLY ENTRY
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| Filing 33 STATUS REPORT filed by Plaintiff Nataly Morales. (Manoucheri, Binyamin) |
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Filing 32
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING ORDER TO SHOW CAUSE RE DISMISSAL (DKT. 28 ) by Judge John A. Kronstadt: Based on a review of the parties' Updated Joint Report (Dkt. #31 ), the Order to Show Cause Re Dismissal ("OSC") (Dkt. 28 ) is continued from November 21, 2022, to December 19, 2022. If, by December 12, 2022, a request for, or notice of, dismissal is filed, the OSC will be discharged. If no such filing is made, the parties shall file an updated Joint Report by December 12, 2022. Based on a review of that Joint Report, a determination will be made as to whether the December 19, 2022 hearing on the OSC will proceed as scheduled. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (JAKLC2) TEXT ONLY ENTRY
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| Filing 31 JOINT UPDATED REPORT filed by Plaintiff Nataly Morales. (Manoucheri, Binyamin) |
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Filing 30
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING ORDER TO SHOW CAUSE RE DISMISSAL (DKT. 28) by Judge John A. Kronstadt: Based on a review of the parties' Joint Response to the Order to Show Cause Re Dismissal (Dkt. #29 ), the Order to Show Cause Re Dismissal ("OSC") (Dkt. 28) is continued from October 17, 2022, to November 21, 2022. If, by November 10, 2022, a request for, or notice of, dismissal is filed, the OSC will be discharged. If no such filing is made, the parties shall file an updated Joint Report by November 10, 2022. Based on a review of that Joint Report, a determination will be made as to whether the November 21, 2022 hearing on the OSC will proceed as scheduled. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (maco) TEXT ONLY ENTRY
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| Filing 29 RESPONSE filed by Plaintiff Nataly Moralesto Text Only Scheduling Notice,,,, 28 (Attachments: #1 Proposed Order)(Coelho, Thiago) |
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Filing 28
(IN CHAMBERS) ORDER SETTING ORDER TO SHOW CAUSE RE DISMISSAL by Judge John A. Kronstadt: On September 7, 2022, Plaintiff Nataly Morales filed a joint report (Dkt. #27 ) that serves as her notice of settlement with Defendant John Kelly Foods d/b/a John Kelly Chocolates as to her individual claims. An Order to Show Cause re Dismissal (OSC) is set for Monday, October 17, 2022 at 10:30 a.m. On or before October 11, 2022, the parties shall file a notice of dismissal. If a dismissal is not filed by October 11, 2022, counsel shall instead file on October 11, 2022, a response to the OSC, which shall include the status of the settlement and the anticipated date the dismissal will be filed. The response shall not include any substantive contents of any settlement discussions between the parties. If a notice of dismissal is filed on October 11, 2022, the OSC will be discharged, and the matter taken off calendar. The Post Mediation Status Conference set for October 31, 2022, is vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (maco) TEXT ONLY ENTRY
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| Filing 27 JOINT REPORT filed by Plaintiff Nataly Morales. (Coelho, Thiago) |
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Filing 26
(IN CHAMBERS) TEXT-ONLY ORDER DIRECTING PARTIES TO ADHERE TO COURT'S ORDER AND FILE JOINT REPORT by Judge John A. Kronstadt: On August 29, 2022, the parties were ordered to file a joint report on or before September 1, 2022, that states their respective and/or collective position(s) on whether the deadline for the filing of the Motion for Class Certification should be extended, and if so, any proposed date(s) for filing the motion and associated briefing. Dkt. 25. No report has been filed. The parties shall file the report on or before September 7, 2022. Counsel are reminded to adhere to orders that are issued. A future failure to do so may result in the imposition of sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (maco) TEXT ONLY ENTRY
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Filing 25
(IN CHAMBERS) TEXT-ONLY ORDER VACATING HEARING ON MOTION FOR CLASS CERTIFICATION AND CALLING FOR PARTIES TO ISSUE JOINT REPORT by Judge John A. Kronstadt: Pursuant to the Order Setting Pretrial Deadlines (Dkt. #23 ), the deadline to file a Motion for Class Certification was July 11, 2022, and a hearing on the Motion was set for September 12, 2022, at 8:30 a.m. No Motion has been timely filed. Therefore, the Hearing on Motion for Class Certification set for September 12, 2022 is vacated. The parties shall file a joint report on or before September 1, 2022, that states their respective and/or collective position(s) on whether the deadline for the filing of the Motion should be extended, and if so, any proposed deadline. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (maco) TEXT ONLY ENTRY
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| Filing 24 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) David Bolstad has been assigned to serve as Panel Mediator. (lst) |
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Filing 23
(IN CHAMBERS) ORDER SETTING PRETRIAL DEADLINES (DKT. #21 ) by Judge John A. Kronstadt: The Court has reviewed the parties' 3/15/2022 Joint Report and sets the following deadlines: Last day to amend or add parties: 4/25/2022. Last day to participate in a settlement conference/mediation: 10/19/2022. Last day to file notice of settlement/joint report re settlement: 10/21/2022. Post Mediation Status Conference: 10/31/2022 at 11:30 AM. Deadline to file Motion for Class Certification: 7/11/2022. Deadline to file Opposition: 8/8/2022. Deadline to file Reply: 8/22/2022. Hearing on Motion for Class Certification: 9/12/2022 at 8:30 AM. Non-Expert Discovery Cut-Off: 11/14/2022. Initial Expert Disclosures: 12/5/2022. Rebuttal Expert Disclosures: 12/19/2022. Expert Discovery Cut-Off: 1/9/2023. Last day to file All Motions (including discovery motions): 1/9/2023. (See Civil Minutes for Further Specifics). (jp)
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Filing 22
ORDER/REFERRAL to ADR Procedure No 2 by Judge John A. Kronstadt. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than October 19, 2022. Post Mediation Status Conference set for 10/31/2022 11:30 AM before Judge John A. Kronstadt. (tj)
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| Filing 21 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Nataly Morales.. (Attachments: #1 Exhibit A)(Coelho, Thiago) |
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Filing 20
(IN CHAMBERS) TEXT-ONLY ORDER DIRECTING COUNSEL TO FILE AMENDED JOINT RULE 16(b)/26(f) REPORT by Judge John A. Kronstadt: The Court has received the parties' joint report. Dkt. #19 . However, pursuant to this Court's Order setting the Rule 16(b)/26(f) Scheduling Conference ("Order" (Dkt. #16 )), the Schedule of Pretrial and Trial Dates ("Schedule A") was to have been completed by the parties and attached to the joint report. Counsel shall file an amended joint report no later than March 16, 2022, that includes the completed Schedule A. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hoa) TEXT ONLY ENTRY
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| Filing 19 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-4 days, filed by Plaintiff Nataly Morales.. (Coelho, Thiago) |
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Filing 18
(IN CHAMBERS) TEXT-ONLY ORDER DIRECTING COUNSEL TO ADHERE TO COURT'S ORDER AND FILE JOINT REPORT by Judge John A. Kronstadt: The parties were required to a file a Joint Rule 16/26 Meeting Report (the "Joint Report") by March 11, 2022. Dkt. #16 . No report was filed. Counsel shall file the report no later than March 17, 2022, at 12:00 p.m. (noon). Counsel are reminded to adhere to the deadlines set by the Court. Any future failure to do so may result in the imposition of sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hoa) TEXT ONLY ENTRY
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| Filing 17 CERTIFICATE of Interested Parties filed by Defendant John Kelly Foods, identifying John Kelly Foods d/b/a John Kelly Chocolates and Nataly Morales. (Daugherty, Melissa) |
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Filing 16
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by 3/11/2022. (tj)
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| Filing 15 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant John Kelly Foods.(Daugherty, Melissa) |
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Filing 14
(IN CHAMBERS) ORDER CONTINUING ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION (DKT. #12 ) by Judge John A. Kronstadt: The Court issued an Order to Show Cause as to why this case should not be dismissed for lack of prosecution (Dkt. 12) (the OSC). Plaintiff was directed to file a response to the OSC no later than January 5, 2022. Upon review of the timely-filed Response (Dkt. #13 ), the Court continues the Order to Show Cause to January 21, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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| Filing 13 RESPONSE filed by Plaintiff Nataly Moralesto Order to Show Cause, #12 (Coelho, Thiago) |
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Filing 12
(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge John A. Kronstadt: The Court, on its own motion, orders Plaintiff to show cause in writing no later than 1/5/2022 why this action should not be dismissed for lack of prosecution regarding overdue responses, as to John Kelly Foods. Failure to respond will result in the dismissal of this matter. (jp)
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| Filing 11 STIPULATION Extending Time to Answer the complaint as to John Kelly Foods answer now due 12/20/2021, re Complaint (Attorney Civil Case Opening) #1 filed by defendant John Kelly Foods.(Attorney Melissa T Daugherty added to party John Kelly Foods(pty:dft))(Daugherty, Melissa) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Nataly Morales, upon Defendant John Kelly Foods served on 10/29/2021, answer due 11/19/2021. Service of the Summons and Complaint were executed upon Kelly Green, Agent for Service in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Coelho, Thiago) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant John Kelly Foods. (et) |
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Filing 8
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (tj)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Maria A. Audero. (et) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Nataly Morales. (Coelho, Thiago) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Nataly Morales, identifying JOHN KELLY FOODS d/b/a JOHN KELLY CHOCOLATES, a California corporation. (Coelho, Thiago) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Nataly Morales. (Coelho, Thiago) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32212372 - Fee: $402, filed by plaintiff Nataly Morales. (Attorney Thiago Merlini Coelho added to party Nataly Morales(pty:pla))(Coelho, Thiago) |
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