Antonio Fernandez v. Quan Family Limited Liability Company
| Antonio Fernandez |
| Quan Family Limited Liability Company |
| Jean M Lawler |
| 2:2022cv02022 |
| March 27, 2022 |
| US District Court for the Central District of California |
| Maame Ewusi-Mensah Frimpong |
| John E McDermott |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 Americans With Disabilities Act |
| Defendant |
Docket Report
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Filing 53
ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS AND DEFENDANT'S REQUEST FOR JUDICIAL NOTICE [ECF NOS. 44, 46-3] by Judge Maame Ewusi-Mensah Frimpong. For the foregoing reasons, the Court GRANTS Fernandezs Motion and Quan Family's Request for Judicial Notice and DENIES Quan Family's Request for Attorney's Fees and Costs. IT IS SO ORDERED. (See document for further details) ( MD JS-6. Case Terminated ) (yl)
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| Filing 52 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court finds the Motion to Dismiss Case (the remaining ADA claim) without prejudice filed by Plaintiff #44 and the Counter Motion to Dismiss ADA Claim filed by Defendant Quan Family Limited Liability Co. #45 appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the motion hearing set for SEPTEMBER 21, 2023, is removed from the calendar and the motion is taken under submission. No appearances are necessary on September 21, 2023. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 51 REPLY to defendant's opposition to motion to dismiss filed by Plaintiff Antonio Fernandez. (Masanque, Isabel) |
| Filing 50 Plaintiff's Opposition to Defendant's Counter Motion to Dismiss Opposition re: Counter NOTICE OF MOTION AND MOTION to Dismiss ADA Claim #45 filed by Plaintiff Antonio Fernandez. (Masanque, Isabel) |
| Filing 49 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court hereby continues the hearings on the Motions to Dismiss (ECF Nos. #44 and #45 ) to September 21, 2023 at 10:00 AM. Counsel shall take notice of this new date. The Court notes that, despite the requirement in the Court's operative standing order (found on the Court's website) that oppositions be filed within 14 days of a motion, and replies be filed within 7 days of the opposition, these motions do not appear to be fully briefed. Any oppositions to the Motions to Dismiss must be filed within 7 days of this order. Any Reply must be filed, if at all, within 7 days of this order (as to the Opposition already filed) or within 7 of the filing of any subsequent Opposition. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 48 Notice Notice of Errata filed by Defendant Quan Family Limited Liability Company. (Berzner, Gary) |
| Filing 47 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss Case #44 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. 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. (yl) |
| Filing 46 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #44 filed by Defendant Quan Family Limited Liability Company. (Attachments: #1 Declaration Declaration of Defendant, #2 Proposed Order Proposed Order Denying Motion to Dismiss, #3 Supplement Request for Judicial Notice, #4 Proposed Order Proposoed Order Granting Judicial Notice)(Berzner, Gary) |
| Filing 45 Counter NOTICE OF MOTION AND MOTION to Dismiss ADA Claim filed by Defendant Quan Family Limited Liability Company. Motion set for hearing on 7/13/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Proposed Order Proposed Order Motion to dismiss, #2 Declaration Dwclaration of Defendant, #3 Supplement Request for Judicial Notice, #4 Proposed Order Proposed Order - RFJN) (Berzner, Gary) |
| Filing 44 NOTICE OF MOTION AND MOTION to Dismiss Case filed by plaintiff Antonio Fernandez. Motion set for hearing on 7/13/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Motion to dismiss Americans with Disabilities Act Claim, #2 Proposed Order) (Attorney Isabel Rose Masanque added to party Antonio Fernandez(pty:pla)) (Masanque, Isabel) |
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Filing 43
CIVIL TRIAL ORDER by Judge Maame Ewusi-Mensah Frimpong. The Scheduling Conference scheduled for March 9, 2023, is hereby VACATED. The Scheduling Order governing this action is set forth in the Schedule of Pretrial and Trial Dates chart. The Jury Trial is set for 5/7/2024 at 8:30 a.m. The Final Pretrial Conference is set for 4/17/2024 at 8:30 a.m. The last date to hear motions to amend pleadings or add parties is 4/20/2024. The discovery cut-off is 10/30/2023. The last date to hear motions is 1/25/2023. The last date to conduct settlement conference is 2/5/2024. Stipulations extending dates set by the Court are not effective unless approved by the Court, and without compelling factual support and a showing of due diligence, stipulations continuing dates set by the Court will be denied. IT IS SO ORDERED. (See document for further details) (yl)
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Filing 42
ORDER DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFF'S UNRUH ACT CLAIM by Judge Maame Ewusi-Mensah Frimpong. In the OSC, the Court ordered Fernandez to show cause in writing why the Court should exercise supplemental jurisdiction over the Unruh Act claim. See 28 U.S.C. Section 1367(c). Further, the Court ordered Fernandez to identify the amount of statutory damages he seeks to recover and provide all facts necessary for the Court to determine if Fernandez and his counsel satisfy the definition of a "high-frequency litigant" as provided by California Code of Civil Procedure Section 425.55(b)(1) & (2). The Court finds Fernandez's Unruh Act claim is unsuitable for supplemental jurisdiction within the meaning of section 1367(c)(4). Accordingly, the Court DECLINES to exercise supplemental jurisdiction over Fernandez's Unruh Act claim. The Court therefore dismisses the Unruh Act claim WITHOUT PREJUDICE. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 41 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court is in receipt of the parties' Joint Rule 26(f) Statement, [ECF No. #39 ], in which they indicate their agreement to proceed before a Magistrate Judge. In light of this representation, the parties are ORDERED to file the required Statement of Consent within seven (7) days of this Order. For additional information on the appropriate procedures for consent to proceed in front of a Magistrate Judge, please refer to the Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge [ECF No. #7 ]. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 40 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court takes the Scheduling Conference off calendar, with no appearances necessary on March 9, 2023. The Court will issue the Scheduling Order based solely on the parties filings pursuant to Federal Rule of Civil Procedure 16(b). IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 39 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-5 days, filed by Plaintiff Antonio Fernandez.. (Hemming, Krista) |
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Filing 38
ORDER SETTING SCHEDULING CONFERENCE by Judge Maame Ewusi-Mensah Frimpong. Scheduling Conference set for 3/9/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (kd)
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| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Russell C Handy counsel for Plaintiff Antonio Fernandez. Bradley Smith is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Antonio Fernandez. (Attorney Russell C Handy added to party Antonio Fernandez(pty:pla))(Handy, Russell) |
| Filing 36 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Quan Family Limited Liability Company. (Attachments: #1 Exhibit Settlement Agreement & Release In Full)(Berzner, Gary) |
| Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney Dennis Jay Price, II counsel for Plaintiff Antonio Fernandez. Dennis Price is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Antonio Fernandez. (Price, Dennis) |
| Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Amanda Lockhart Seabock counsel for Plaintiff Antonio Fernandez. Amanda Seabock is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Antonio Fernandez. (Seabock, Amanda) |
| Filing 33 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court is in receipt of the Joint Report of Mediation filed by Plaintiff Antonio Fernandez #32 whereas the parties indicated that the case did not settle. As such, the Court orders the Defendant shall file a responsive pleading to the Complaint no later than November 18, 2022. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 32 JOINT REPORT of Mediation filed by Plaintiff Antonio Fernandez. (Clipner, Candice) |
| Filing 31 MEDIATION REPORT Filed by Mediator (ADR Panel) Jean M Lawler: Mediation held on September 12, 2022. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Lawler, Jean) |
| Filing 30 NOTICE OF MEDIATION DATE filed. Mediation set for September 12, 2022.(Lawler, Jean) |
| Filing 29 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Jean M Lawler has been assigned to serve as Panel Mediator. (lst) |
| Filing 28 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Jean Lawler may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Antonio Fernandez(Clipner, Candice) |
| Filing 27 STATEMENT Remediation of Violation Identified by Plaintiff filed by Defendant Quan Family Limited Liability Company (Berzner, Gary) |
| Filing 26 STATEMENT re: Order on Application to Stay Case and Early Mediation re ADA Disability Access Litigation (ADR-22), #22 . (Clipner, Candice) |
| Filing 25 NOTICE of Appearance filed by attorney Candice Clipner on behalf of Plaintiff Antonio Fernandez (Attorney Candice Clipner added to party Antonio Fernandez(pty:pla))(Clipner, Candice) |
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Filing 24
ORDER by Judge Maame Ewusi-Mensah Frimpong: GRANTING #23 REQUEST to Substitute Attorney. Attorney Cris Campbell Vaughan terminated. (yl)
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| Filing 23 First REQUEST to Substitute attorney Gary A. Berzner in place of attorney Cris C. Vaughan filed by Defendant Quan Family Limited Liability Company. (Attachments: #1 Proposed Order Proposed Order Substitution of Attorney) (Attorney Gary Alan Berzner added to party Quan Family Limited Liability Company(pty:dft)) (Berzner, Gary) |
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Filing 22
ORDER GRANTING APPLICATION FOR STAY AND EARLY MEDIATION by Judge Maame Ewusi-Mensah Frimpong. The ADR proceeding is to be completed no later than 9/13/2022. granting #15 APPLICATION to Stay Case re Early Mediation ADA Disability Access Litigation as to All Defendants. (rolm)
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| Filing 21 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. Counsel's Notice of Appearance or Withdrawal of Counsel (G-123) #17 is deficient. The Court hereby ORDERS that an amended Notice be filed on or before Tuesday, June 21, 2022. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 20 Notice of Electronic Filing re Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #18 , Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #19 e-mailed to Cara Townsend bounced due to No longer with firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #17 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Case number is incorrect or missing. Not dated. 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 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #16 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel. 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 17 Notice of Appearance or Withdrawal of Counsel: for attorney Dennis Jay Price, II counsel for Plaintiff Antonio Fernandez. Elliot Montgomery is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Antonio Fernandez. (Price, Dennis) |
| Filing 16 NOTICE of Withdrawal of Counsel filed by plaintiff Antonio Fernandez. (Smith, Bradley) |
| Filing 15 APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by Defendant Quan Family Limited Liability Company. (Attachments: #1 Proposed Order) (Attorney Cris Campbell Vaughan added to party Quan Family Limited Liability Company(pty:dft)) (Vaughan, Cris) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Antonio Fernandez, upon Defendant Quan Family Limited Liability Company served on 4/23/2022, answer due 5/16/2022. Service of the Summons and Complaint were executed upon Agent for service of process: EDUARDO GUILLERMO SANCHEZ in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Seabock, Amanda) |
| Filing 13 RESPONSE filed by Plaintiff Antonio Fernandezto Order to Show Cause,, #11 (Attachments: #1 Declaration, #2 Declaration)(Montgomery, Elliott) |
| Filing 12 NOTICE of Association of Counsel associating attorney Elliott Montgomery on behalf of Plaintiff Antonio Fernandez. Filed by Plaintiff Antonio Fernandez (Montgomery, Elliott) |
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Filing 11
ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT DECLINE TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFF'S STATE LAW CLAIMS by Judge Maame Ewusi-Mensah Frimpong. Plaintiff shall file a Response to this Order to Show Cause by April 20, 2022. The failure to timely or adequately respond to this Order to Show Cause may, without further warning, result in the Court declining to exercise supplemental jurisdiction over the Unruh Act claim pursuant to 28 U.S.C. 1367(c). IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 10 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) |
| Filing 9 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 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Quan Family Limited Liability Company. (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 Maame Ewusi-Mensah Frimpong and Magistrate Judge John E. McDermott. (et) |
| Filing 4 Request for Clerk to Issue Summons on Certificate/Notice of Interested Parties #3 , Complaint (Attorney Civil Case Opening) #1 , Civil Cover Sheet (CV-71) #2 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-33015491 - Fee: $402, filed by plaintiff Antonio Fernandez. (Attorney Amanda Lockhart Seabock added to party Antonio Fernandez(pty:pla))(Seabock, Amanda) |
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