Jesus Garcia v. Maria S. Davalos et al
| Jesus Garcia |
| Maria S. Davalos and Does 1 to 10 |
| 2:2022cv06079 |
| August 26, 2022 |
| US District Court for the Central District of California |
| Alexander F MacKinnon |
| Otis D Wright |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 Americans With Disabilities Act |
| Plaintiff |
Docket Report
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Filing 14
MINUTE ORDER (In Chambers): by Judge Otis D. Wright, II. As the Court possesses only supplemental jurisdiction over the Unruh Act and any other state law claims, and in light of California's statutory efforts to curtail such claims, the Court ordered Plaintiff to show cause in writing why the Court should exercise supplemental jurisdiction over the Unruh Act and any other state law claims asserted in the Complaint. The Court has reviewed the Response filed by Plaintiff and Plaintiff's counsel to the Court's Order to Show Cause #13 . For all of the foregoing reasons, the Court, in its discretion, declines to exercise supplemental jurisdiction over Plaintiff's Unruh Act claim and any other construction-related accessibility claim. The Court therefore dismisses any such claims without prejudice. See 28 U.S.C. 1367(c)(4). (lom)
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| Filing 13 RESPONSE filed by Plaintiff Jesus Garciato Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #12 re: Supplemental Jurisdiction (Attachments: #1 Declaration, #2 Declaration)(Kim, Jason) |
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Filing 12
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:Plaintiff is ORDERED to SHOW CAUSE in writing No Later than September 12,2022 why the Court shouldexercise supplemental jurisdiction over the Unruh Act claim and any other state law claim asserted in the Complaint.Failure to timely or adequately respond to this Order to Show Cause may, without further warning, result in the dismissal of the entire action without prejudice or the Court declining to exercise supplemental jurisdiction over the Unruh Act and other state law claims, if any, and the dismissal of that claim pursuant to 28 U.S.C. 1367(c). (lc)
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Filing 11
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)
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| Filing 10 Notice to Parties: ADA Disability Access Litigation. (lc) |
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. EFFECTIVE IMMEDIATELY- No mandatory chambers copies required, EXCEPT FOR MSJs. 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)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Maria S. Davalos. (sh) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alexander F. MacKinnon. (sh) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 Jesus Garcia. (Kim, Jason) |
| Filing 3 CERTIFICATE of Interested Parties (Kim, Jason) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Jesus Garcia. (Kim, Jason) |
| Filing 1 COMPLAINT Receipt No: BCACDC-33882754 - Fee: $402. (Attorney Jason J Kim added to party Jesus Garcia(pty:pla))(Kim, Jason) |
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