James Alger v. Residence Inn By Marriott, LLC et al
| James Alger |
| Residence Inn By Marriott, LLC, Apple Eight California, Inc., Apple Eight Hospitality Management, Inc. and Apple Eight Hospitality Ownership, Inc. |
| 2:2023cv10776 |
| December 26, 2023 |
| US District Court for the Central District of California |
| Maame Ewusi-Mensah Frimpong |
| Alicia G Rosenberg |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 Americans With Disabilities Act |
| Plaintiff |
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Filing 16
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. In light of the foregoing, the Court orders Alger to show cause in writing why the Court should exercise supplemental jurisdiction over the Unruh Act claim, and the California Disabled Persons Act claim. See 28 U.S.C. 1367(c). In responding to this Order to Show Cause: Alger shall identify the amount of statutory damages Plaintiff seeks to recover. Alger and Algers 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 Plaintiff's counsel has represented high-frequency litigant plaintiffs in the twelve months preceding the filing of the present claim. Alger shall file a Response to this Order to Show Cause by no later than fourteen days from 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, and the California Disabled Persons 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 15 NOTICE OF DISMISSAL filed by plaintiff James Alger pursuant to FRCP 41a(1) Only as to Apple Eight California, Inc., Apple Eight Hospitality Management, Inc., Apple Eight Hospitality Ownership, Inc.. (Karbelashvili, Irakli) |
| Filing 14 STIPULATION Extending Time to Answer the complaint as to Residence Inn By Marriott, LLC answer now due 3/1/2024, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Residence Inn By Marriott, LLC.(Attorney Megan Stevens Shaked added to party Residence Inn By Marriott, LLC(pty:dft))(Shaked, Megan) |
| Filing 13 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. (dbe) TEXT ONLY ENTRY |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff James Alger, upon Defendant Residence Inn By Marriott, LLC served on 1/12/2024, answer due 2/2/2024. Service of the Summons and Complaint were executed upon CT Corporation System- Sarai Marin, Intake Specialist in compliance with statute not specified by personal service (Karbelashvili, Irakli) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff James Alger, upon Defendant Apple Eight Hospitality Management, Inc. served on 1/12/2024, answer due 2/2/2024. Service of the Summons and Complaint were executed upon CSC Lawyers Incorporating - Koy Saechao in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity (Karbelashvili, Irakli) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff James Alger, upon Defendant Apple Eight California, Inc. served on 1/12/2024, answer due 2/2/2024. Service of the Summons and Complaint were executed upon CSC Lawyers Incorporating Service - Koy Saechao in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity (Karbelashvili, Irakli) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff James Alger, upon Defendant Apple Eight Hospitality Ownership, Inc. served on 1/12/2024, answer due 2/2/2024. Service of the Summons and Complaint were executed upon CSC Lawyers Incorporating Service - Koy Saechao - Authorized Agent in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity (Karbelashvili, Irakli) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Apple Eight California, Inc. and Residence Inn By Marriott, LLC. (yl) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff James Alger. (Karbelashvili, Irakli) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Maame Ewusi-Mensah Frimpong and Magistrate Judge Alicia G. Rosenberg. (car) |
| Filing 3 NOTICE of Interested Parties filed by plaintiff James Alger, (Karbelashvili, Irakli) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff James Alger. (Karbelashvili, Irakli) |
| Filing 1 COMPLAINT Receipt No: BCACDC-36631013 - Fee: $405, filed by plaintiff James Alger. (Attorney Irakli Karbelashvili added to party James Alger(pty:pla))(Karbelashvili, Irakli) |
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