Kevin Cox v. Beverly Brinson et al
| Kevin Cox |
| Beverly Brinson doing business as MS. BS M&M Soul Food Restaurant, Danco, Inc. and DOES 1 to 10 |
| 2:2023cv10621 |
| December 19, 2023 |
| US District Court for the Central District of California |
| Jean P Rosenbluth |
| Mark C Scarsi |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 Americans With Disabilities Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2024. A more recent docket listing may be available from PACER.
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Filing 28
MINUTE ORDER (IN CHAMBERS) Order of Dismissal (JS6) by Judge Mark C. Scarsi. re: Notice of Settlement #27 . (smo)
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| Filing 27 NOTICE of Settlement filed by Plaintiff Kevin Cox. (Kim, Jason) |
| Filing 26 STATEMENT re: Order Granting Application for Stay and Early Mediation filed by Plaintiff Kevin Cox re: Order on Application to Stay Case and Early Mediation re ADA Disability Access Litigation (ADR-22) #22 . (Kim, Jason) |
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Filing 25
ORDER by Judge Mark C. Scarsi: GRANTING #23 APPLICATION to Stay Case 75 Days re Early Mediation ADA Disability Access Litigation as to defendant Beverly Brinson dba MS. BS M&M Soul Food Restaurant. The ADR No. 2 proceeding is to be completed no later than 5/20/2024. (lc)
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| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Defendant Beverly Brinso's APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, #23 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. MISSING corresponding proposed order form ADR 22 (obtain form at court's website) Other error(s) with document(s): As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order form is submitted as a Separate Attachment thereto. 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. (lc) |
| Filing 23 First APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by defendant Beverly Brinson. (Attorney Bradley J Yourist added to party Beverly Brinson(pty:dft)) (Yourist, Bradley) |
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Filing 22
ORDER GRANTING APPLICATION to Stay Case re Early Mediation ADA Disability Access Litigation as to Danco, Inc. for period of 75 days. The ADR proceeding is to be completed no later than 5/16/2024 #17 by Judge Mark C. Scarsi. (lc)
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| Filing 21 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Kevin Cox(Kim, Jason) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Kevin Cox, upon Defendant Beverly Brinson served on 1/5/2024, answer due 1/26/2024. Service of the Summons and Complaint were executed upon Beverly Brinson D/B/A Ms. BS M&M Soul Food Restaurant, defendant in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy (Kim, Jason) |
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Filing 19
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER DECLINING SUPPLEMENTAL JURISDICTION. The Court has reviewed and considered Plaintiff's response #14 .The Court, in its discretion, declines to exercise supplemental jurisdiction over Plaintiffs Unruh Act claim and any other construction-related accessibility claim. The Court therefore dismisses any such claims without prejudice. (lc)
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Filing 18
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi:ORDER DISCHARGING ORDER TO SHOW CAUSE AND DIRECTING FILING OF AMENDED COMPLAINT. The Court ordered Plaintiff to show cause why the ADA claim should not be dismissed for lack of standing. Plaintiff filed a responsive brief and declaration. The Court reiterates its concern that Plaintiff does not plead enough factual content in the Complaint to make plausible allegations of deterrence or an injury in fact coupled with intent to return. Notwithstanding, the additional information provided in Plaintiff's submissions, if pleaded, might suffice to support Article IIIstanding. Accordingly, the Court orders Plaintiff to file within 14 days an amended complaint consistent with the averments provided in the response to the order to show cause.The order to show cause with respect to standing is discharged. (lc)
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| Filing 17 First APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by defendant Danco, Inc.. (Attorney Bradley J Yourist added to party Danco, Inc.(pty:dft)) (Yourist, Bradley) |
| Filing 16 RESPONSE filed by Plaintiff Kevin Coxto Minutes of In Chambers Order/Directive - no proceeding held,, #13 re: Standing (Attachments: #1 Declaration)(Kim, Jason) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Kevin Cox, upon Defendant Danco, Inc. served on 1/3/2024, answer due 1/24/2024. Service of the Summons and Complaint were executed upon Ronald Perlstein - Agent for Service of Process in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy (Kim, Jason) |
| Filing 14 RESPONSE filed by Plaintiff Kevin Coxto Minutes of In Chambers Order/Directive-form only-no proceeding held #10 re: Supplemental Jurisdiction (Attachments: #1 Declaration, #2 Declaration)(Kim, Jason) |
| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Beverly Brinson and Danco, Inc. (jtil) |
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Filing 13
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi:ORDER TO SHOW CAUSE. The Court orders Plaintiff to show cause why the ADA claim should not be dismissed without prejudice for lack of standing and why the Court should not decline jurisdiction over the remaining claims. 28 U.S.C. 1367(c)(3). Plaintiff shall respond in writing within 14 days. Failure to file a timely and satisfactory response will be construed as a concession that Plaintiff lacks standing to pursue the ADA claim and will result in dismissal without further notice. (lc)
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| Filing 11 Notice to Parties: ADA Disability Access Litigation. (smo) |
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Filing 10
MINUTE ORDER (IN CHAMBERS) Order to Show Cause (ADA) by Judge Mark C. Scarsi. Response to Order to Show Cause due by 1/4/2024. (smo)
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Filing 9
MINUTE ORDER (IN CHAMBERS) Order re Prosecution of Certain Cases Under the Americans With Disabilities Act by Judge Mark C. Scarsi. (smo)
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Filing 8
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Jean P. Rosenbluth. (jtil) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 Kevin Cox. (Kim, Jason) |
| Filing 3 CERTIFICATE of Interested Parties (Kim, Jason) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Kevin Cox. (Kim, Jason) |
| Filing 1 COMPLAINT Receipt No: ACACDC-36603034 - Fee: $405. (Attorney Jason J. Kim added to party Kevin Cox(pty:pla))(Kim, Jason) |
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