Omar Luna v. Alisa Aladadyan Enterprises, LLC et al
| Omar Luna |
| Alisa Aladadyan Enterprises, LLC. and Does 1 to 10 |
| 2:2023cv04435 |
| June 6, 2023 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| Maame Ewusi-Mensah Frimpong |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 Americans With Disabilities Act |
| Plaintiff |
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This docket was last retrieved on August 1, 2023. A more recent docket listing may be available from PACER.
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Filing 14
(IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Maame Ewusi-Mensah Frimpong. The file in this case lacks the papers that would show it is being timely prosecuted, as reflected below. Accordingly, the Court, on its own motion, hereby orders plaintiff (s) to show cause in writing no later than AUGUST 8, 2023, why this action should not be dismissed as to all remaining defendants for lack of prosecution. It is the responsibility of plaintiff to respond promptly to all Orders and to prosecute the action diligently, including filing proofs of service and stipulations extending time to respond. If necessary, plaintiff(s) must also pursue Rule 55 remedies promptly upon default of any defendant. All stipulations affecting the progress of the case must be approved by the Court, Local Rule 7-1. As an alternative to a written response by plaintiff(s), the Court will accept one of the following as an appropriate response to this OSC if it is filed on or before the above date, as evidence that the matter is being prosecuted diligently: Plaintiff filing Proofs of Service of the Summons and Complaint on ALL Defendants. (See document for further details) (yl)
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Filing 13
(IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Maame Ewusi-Mensah Frimpong. The file in this case lacks the papers that would show it is being timely prosecuted, as reflected below. Accordingly, the Court, on its own motion, hereby orders plaintiff (s) to show cause in writing no later than AUGUST 8, 2023, why this action should not be dismissed as to all remaining defendants for lack of prosecution. It is the responsibility of plaintiff to respond promptly to all Orders and to prosecute the action diligently, including filing proofs of service and stipulations extending time to respond. If necessary, plaintiff(s) must also pursue Rule 55 remedies promptly upon default of any defendant. All stipulations affecting the progress of the case must be approved by the Court, Local Rule 7-1. As an alternative to a written response by plaintiff(s), the Court will accept one of the following as an appropriate response to this OSC if it is filed on or before the above date, as evidence that the matter is being prosecuted diligently: Plaintiff filing Proofs of Service of the Summons and Complaint on ALL Defendants. (See document for further details) (yl)
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Filing 12
ORDER DECLINING TO EXERCISE SUPPLEMENTAL JURISIDICTION OVER PLAINTIFF'S STATE LAW CLAIMS by Judge Maame Ewusi-Mensah Frimpong. Before the Court is the Response to the Court's Order to Show Cause Regarding Supplemental Jurisdiction filed by Plaintiff Omar Luna. ECF No. #11 . For the reasons stated herein, the Court DECLINES to exercise supplemental jurisdiction over Omar Luna's state law claims and DISMISSES the claims. The Court therefore DISMISSES the Unruh Act claim, California Disabled Persons Act claim, the California Health and Safety Code, and the negligence claim WITHOUT PREJUDICE. (See document for further details) (et)
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| Filing 11 RESPONSE filed by Plaintiff Omar Lunato Order,,,,,,, #10 re: Supplemental Jurisdiction (Attachments: #1 Declaration, #2 Declaration)(Kim, Jason) |
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Filing 10
ORDER DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFF'S STATE LAW CLAIMS by Judge Maame Ewusi-Mensah Frimpong. In light of the foregoing, the Court orders Plaintiff to show cause in writing why the Court should exercise supplemental jurisdiction over the Unruh Act claim, the California Disabled Persons Act claim, the California Health and Safety Code claim, and the negligence claim. See 28 U.S.C. Section 1367(c). In responding to this Order to Show Cause: Plaintiff shall identify the amount of statutory damages Plaintiff seeks to recover. Plaintiff and Plaintiff's counsel shall also support their responses to the Order to Show Cause with declarations, signed under penalty of perjury, providing all facts necessary for the Court to determine if they satisfy the definition of a "high-frequency litigant" as provided by California Code of Civil Procedure 425.55(b)(1) & (2). This includes, but is not limited to: the number of construction-related accessibility claims filed by Plaintiff in the twelve months preceding the filing of the present claim; and the number of construction- related accessibility claims in which Plaintiffs counsel has represented high-frequency litigant plaintiffs in the twelve months preceding the filing of the present claim. Plaintiff shall file a Response to this Order to Show Cause by no later than fourteen daysfrom the date of this order. 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, the California Disabled Persons Act claim, the California Health and Safety Code claim, and the negligence claim pursuant to 28 U.S.C. Section 1367(c). IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 9 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. This matter has been assigned to District Judge Maame Ewusi-Mensah Frimpong. The Court refers counsel to the Court's Initial Standing Order found on the Court's website under Judge Frimpong's Procedures and Schedules. Please read the Standing Order carefully. It is the responsibilities of the parties to maintain familiarly with the Standing Order and any future amendments that the Court may issue by periodically checking the Court's website for the operative version of the Standing Order. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Alisa Aladadyan Enterprises, LLC. (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 Jacqueline Chooljian. (et) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 Omar Luna. (Kim, Jason) |
| Filing 3 CERTIFICATE of Interested Parties (Kim, Jason) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Omar Luna. (Kim, Jason) |
| Filing 1 COMPLAINT Receipt No: ACACDC-35442851 - Fee: $402. (Attorney Jason J Kim added to party Omar Luna(pty:pla))(Kim, Jason) |
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