Antonio Fernandez v. Sukhjinder Singh
| Antonio Fernandez |
| Sukhjinder Singh |
| 2:2022cv01963 |
| March 25, 2022 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Alexander F MacKinnon |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 Americans With Disabilities Act |
| None |
Docket Report
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| Filing 34 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Stanley Blumenfeld, Jr. The document (ECF No. #32 ) is accepted as filed. (jgr) |
| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #32 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak) |
| Filing 32 NOTICE OF WITHDRAWAL OF COUNSEL filed by plaintiff Antonio Fernandez. (Smith, Bradley) |
Filing 31
ORDER RE MOTIONS FOR SUMMARY JUDGMENT by Judge Stanley Blumenfeld, Jr. (jgr)
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Filing 30
PRETRIAL AND TRIAL ORDER by Judge Stanley Blumenfeld, Jr. (jgr)
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Filing 29
MINUTES (IN CHAMBERS) CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The Court vacates the mandatory scheduling conference set for 5/13/2022 and issues this case management order. The Court has reviewed the Joint Rule 26(f) report #28 and sets the pretrial and trial dates noted in this order based on an evaluation of the complexity of the case. Bench Trial set for 11/14/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Final Pretrial Conference and Hearing on Motions in Limine set for 11/4/2022 10:00 AM before Judge Stanley Blumenfeld Jr. Motion to Amend Pleadings/Add Parties (Hearing Deadline) 7/5/2022. Non-Expert Discovery cut-off 9/2/2022. Discovery Motion Hearing Deadline 9/9/2022. Non-Discovery Motion Hearing Deadline 9/9/2022. Settlement Conference Deadline 9/23/2022. Post-Settlement Status Conference set for 10/7/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Status Report due by 9/30/2022. Trial Filings (First Set) Deadline 10/14/2022. Trial Filings (Second Set) Deadline 10/21/2022. See document for further details. Court Reporter: N/A. (gk)
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| Filing 28 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3 days, filed by Plaintiff Antonio Fernandez.. (Montgomery, Elliott) |
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Filing 27
MINUTE ORDER DECLINING SUPPLEMENTAL JURISDICTION AND DISMISSING UNRUH ACT CLAIM by Judge Stanley Blumenfeld, Jr.: On 3/25/2022, the Court ordered Plaintiff to show cause why it should not decline supplemental jurisdiction over Plaintiff's Unruh Act claim in light of the exceptional circumstances described in the Ninth Circuit's recent decision in Arroyo v. Rosas, 19 F.4th 1202 (9th Cir. 2021) #10 . Plaintiff filed a response that was wholly nonresponsive to the order and was directed to a different court and addressed different issues #15 . Plaintiff withdrew the initial response and--without seeking leave of Court--filed a new 27-page brief that is at least in part directed at the concerns raised by the Court #19 . Plaintiff's attempted end-run around the restrictions imposed on serial filers of Unruh Act claims presents exceptional circumstances under 28 U.S.C. Section 1367(c)(4), and the principles of economy, convenience, fairness, and especially comity provide compelling reasons for declining supplemental jurisdiction. Accordingly, the Court exercises its discretion to decline supplemental jurisdiction over Plaintiff's Unruh Act claim, and that claim is DISMISSED without prejudice. Court Reporter: N/A. (gk)
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| Filing 26 MINUTES OF Order to Show Cause Re Sanctions Hearing held before Judge Stanley Blumenfeld, Jr.: The Court heard from counsel for Plaintiff, Elliott C. Montgomery as to the Court's Order to Show Cause re: Sanctions #16 . The Court took the matter under submission and now discharges the OSC. The Court admonishes Plaintiff's counsel for his extraordinary carelessness and expects him to pay closer attention to his filings in the future. The Court will address the issue of supplemental jurisdiction over Plaintiff's Unruh Act claim in a separate order. Court Reporter: Katie Thibodeaux. (gk) |
| Filing 25 NOTICE of Interested Parties filed by Defendant Sukhjinder Singh, (Gross, Kenneth) |
| Filing 24 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Stanley Blumenfeld, Jr. The document (Dkt. No. #21 ) is accepted as filed. The filer has until close of business day (4:30 PM PST) on April 21, 2022 to file their Notice of Interested Parties in accordance with Local Rule 7.1-1. (jgr) |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #21 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (gk) |
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Filing 22
ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr. The Court sets an in-person Scheduling Conference set for hearing on May 13, 2022 at 8:30 AM before Judge Stanley Blumenfeld Jr. The parties shall file a Joint Rule 26(f) Report by May 3, 2022. The Order to Show Cause remains on calendar for April 22, 2022 at 8:30 AM (Dkt. No. #16 ). SEE ORDER FOR FURTHER DETAILS. (jgr)
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| Filing 21 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Sukhjinder Singh.(Attorney Kenneth I Gross added to party Sukhjinder Singh(pty:dft))(Gross, Kenneth) |
| Filing 20 RESPONSE filed by Plaintiff Antonio Fernandezto Order to Show Cause, #16 (Montgomery, Elliott) |
| Filing 19 RESPONSE filed by Plaintiff Antonio Fernandezto Minutes of In Chambers Order/Directive - no proceeding held,,, #10 (Attachments: #1 Declaration of Dennis Price, #2 Declaration of Elliott Montgomery)(Montgomery, Elliott) |
| Filing 18 Notice of Withdrawal of Brief (non-motion non-appeal) #15 filed by Plaintiff Antonio Fernandez. (Montgomery, Elliott) |
| Filing 17 PROOF OF SERVICE filed by Plaintiff Antonio Fernandez, re Brief (non-motion non-appeal) #15 , Notice of Association of Counsel #14 (Attachments: #1 Proof of Service)(Montgomery, Elliott) |
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Filing 16
(IN CHAMBERS) ORDER TO SHOW CAUSE re: SANCTIONS by Judge Stanley Blumenfeld, Jr.: Plaintiff Antonio Fernandez is order to show cause at a hearing on April 22, 2022 at 8:30 AM in Courtroom 6C why he and his counsel should not be sanctioned for acting in bad faith and failing to comply with the Court's order (Dkt. No. #10 ). Plaintiff shall file a written response to this OSC by no later than April 15, 2022. SEE ORDER FOR FURTHER DETAILS. (jgr)
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| Filing 15 WITHDRAWN, see docket entry no. 18 - BRIEF filed by Plaintiff Antonio Fernandez. Regarding Supplemental Jurisdiction (Montgomery, Elliott) Modified on 4/21/2022 (lom). |
| Filing 14 NOTICE of Association of Counsel associating attorney Elliott Montgomery on behalf of Plaintiff Antonio Fernandez. Filed by Plaintiff Antonio Fernandez (Montgomery, Elliott) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Antonio Fernandez, upon Defendant Sukhjinder Singh served on 3/30/2022, answer due 4/20/2022. in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Seabock, Amanda) |
| Filing 12 NOTICE of Appearance filed by attorney Bradley Alan Smith on behalf of Plaintiff Antonio Fernandez (Attorney Bradley Alan Smith added to party Antonio Fernandez(pty:pla))(Smith, Bradley) |
| Filing 11 NOTICE of Appearance filed by attorney Elliott Charles Montgomery on behalf of Plaintiff Antonio Fernandez (Attorney Elliott Charles Montgomery added to party Antonio Fernandez(pty:pla))(Montgomery, Elliott) |
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Filing 10
MINUTE ORDER TO SHOW CAUSE by Judge Stanley Blumenfeld, Jr.: This case is still at a very early stage, and this Court has not yet addressed or adjudicated the merits of any of Plaintiff's claims. This appears to be a case in which the Court should decline supplemental jurisdiction over Plaintiff's Unruh Act claim under Section 1367(c)(4) to protect the comity interests identified in Arroyo v. Rosas,19 F.4th 1202 (9th Cir. 2021). Accordingly, the Court ORDERS Plaintiff within 14 days after entry of this Order to show cause in writing why the Court should not dismiss without prejudice his Unruh Act claim under Section 1367(c)(4). If Plaintiff fails to file a response within 14 days after entry of this Order, the Court will decline to exercise supplemental jurisdiction over his Unruh Act claim, and the Unruh Act claim will be automatically dismissed without prejudice without further order of the Court. See document for further details. Court Reporter: N/A. (gk)
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Filing 9
CIVIL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (jgr)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Sukhjinder Singh. (et) |
| 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 Stanley Blumenfeld, Jr and Magistrate Judge Alexander F. MacKinnon. (et) |
| Filing 4 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 , Certificate/Notice of Interested Parties #3 filed by plaintiff Antonio Fernandez. (Seabock, Amanda) |
| Filing 3 CERTIFICATE of Interested Parties filed by plaintiff Antonio Fernandez, (Seabock, Amanda) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Antonio Fernandez. (Seabock, Amanda) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33007126 - Fee: $402, filed by plaintiff Antonio Fernandez. (Attorney Amanda Lockhart Seabock added to party Antonio Fernandez(pty:pla))(Seabock, Amanda) |
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