Samuel Love v. Nejat Mirharooni, et al
| Samuel Love |
| Nejat Mirharooni, Shehnaz Mirharooni, Jung Lee, Does 1-10, Shahnaz Mirharooni and Tan Oh |
| 5:2015cv01900 |
| September 17, 2015 |
| US District Court for the Central District of California |
| Percy Anderson |
| Kenly Kiya Kato |
| Civil Rights: Other |
| 42 U.S.C. § 12101 Americans With Disabilities Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 23, 2016. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 31 NOTICE of Voluntary Dismissal filed by plaintiff Samuel Love. (Attachments: #1 Proposed Order)(Grace, Phyl) |
Filing 32
ORDER by Judge Percy Anderson, re Notice of Voluntary Dismissal of an Action (Pursuant to FRCP 41a(1)) #31 . Pursuant to F.R.CIV.P.41 (a)(2), the entire case is hereby ordered dismissed with prejudice. (mrgo)
|
| Filing 30 DEFAULT JUDGMENT and Permanent Injunction by Judge Percy Anderson, related to APPLICATION for Default Judgment against Defendant Tan Oh #28 . In accordance with the Court's July 7, 2016 order granting the Motion for DefaultJudgment filed by plaintiff Samuel Love, it is hereby ORDERED, ADJUDGED, AND DECREED that: 1. Defendant Tan Oh shall pay to Plaintiff the total amount of$5,000.00 (itemized as statutory damages of $4,000.00, attorneys' fees of $600.00, and costs of $400.00); 2. Plaintiff is entitled to interest on the amount of the Judgment at the statutory rate pursuant to 28 U.S.C. 1961(a); and 3. Defendant is ordered to provide accessible parking and paths of travel located inside the retail store operated at 1120 E. Highland Avenue, San Bernardino, California, in compliance with the Americans with Disabilities Act Accessibility Guidelines; and 4. Plaintiff is awarded his costs of suit. (MD JS-6. Case Terminated ) (smo) |
| Filing 29 MINUTES (IN CHAMBERS) by Judge Percy Anderson: Before the Court is a Motion for Default Judgment filed by Samuel Love #28 . Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for July 11, 2016, is vacated, and the matter taken off calendar. Plaintiffs Motion for Default Judgment is granted. Plaintiff is awarded $4,000.00 in statutory damages, $600.00 in attorneys fees, and $400.00 in costs. The Court will also grant Plaintiff the injunctive relief he seeks. The Court will enter a Judgment and Permanent Injunction consistent with this Order.In an April 21, 2016 Minute Order, the Court ordered Plaintiff to show cause why his claims against the Mirharoonis should not be dismissed for lack of prosecution. Plaintiff never responded to the Order to Show Cause. The Court therefore dismisses Nejat and Shahnaz Mirharooni for lack of prosecution without prejudice. See document for details (smo) |
| Filing 28 APPLICATION for Default Judgment against Defendant Tan Oh filed by plaintiff Samuel Love. Application set for hearing on 7/11/2016 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Judgment, #3 Index of Exhibits, #4 Exhibit 1-Declaration of Potter, #5 Exhibit 2-Declaration of Love, #6 Exhibit 3-Declaration of Louis, #7 Exhibit 4-Photos, #8 Exhibit 5-Public Record, #9 Exhibit 6-Synder Award, #10 Exhibit 7-Brooks Award, #11 Exhibit 8-Milton Award, #12 Exhibit 9-Goldman Award, #13 Exhibit 10-Wilson Award, #14 proof of service) (Potter, Mark) |
| Filing 27 IN CHAMBERS by Judge Percy Anderson. On March 13, 2016, the plaintiff filed a request for entry of default by clerk against defendant Tan Oh. Default by clerk was entered on March 17, 2016. Plaintiff is hereby directed to file a motion for default judgment or, other appropriate dispositive motion on or before June 6, 2016. Failure to file said dispositive motion by June 6, 2016, will result in dismissal without further notice by the Court. (kss) |
|
Filing 26
MINUTE ORDER (IN CHAMBERS) by Judge Percy Anderson: Proceedings: Order to Show Cause Re: Dismissal for Lack of Prosecution. defendant is the United States). Fed. R. Civ. P. 12(a)(1).The court, on its own motion, orders plaintiff to show cause in writing on or before May 4, 2016 why defendants Nejat Mirharooni and Shahnaz Mirharooni should not be dismissed for lack of prosecution. (mg)
|
| Filing 25 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Tan Oh (mg) |
| Filing 24 REQUEST for Clerk to Enter Default against defendant Tan Oh filed by plaintiff Samuel Love. (Attachments: #1 Declaration of Phyl Grace, #2 Proof of Service) (Grace, Phyl) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff Samuel Love, upon Defendant Tan Oh served on 2/22/2016, answer due 3/14/2016. Service of the Summons and Complaint were executed upon Tan Oh in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Potter, Mark) |
| Filing 22 21 DAY Summons Issued re First Amended Complaint #20 as to Defendants Nejat Mirharooni, Shahnaz Mirharooni, Tan Oh. (mg) |
| Filing 21 Request for Clerk to Issue Summons on Amended Complaint/Petition #20 filed by plaintiff Samuel Love. (Potter, Mark) |
| Filing 20 First Amended Complaint AMENDED COMPLAINT against Defendant Samuel Love amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Samuel Love (Attachments: #1 Proof of Service)(Potter, Mark) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Samuel Love, upon Defendant Shehnaz Mirharooni served on 2/13/2016, answer due 3/7/2016. Service of the Summons and Complaint were executed upon John Doe (Co-occupant) in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons returned. (Potter, Mark) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Samuel Love, upon Defendant Nejat Mirharooni served on 2/13/2016, answer due 3/7/2016. Service of the Summons and Complaint were executed upon John Doe (Co-occupant) in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons returned. (Potter, Mark) |
|
Filing 17
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: Before the Court is an Application for Order for Publication of Summons filed by plaintiff Samuel Love #14 . Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. Because the Court believes, at least based on this record, that Plaintiff can accomplish service on the Mirharoonis by serving them pursuant to Federal Rule of Civil Procedure 4(e)(2) or California Code of Civil Procedure section 415.20, the Court denies Plaintiff's Application. The Court extends the deadline for serving the Mirharoonis to February 10, 2016. If Plaintiff has not filed Proofs of Service establishing service by that date, the Court will dismiss the Mirharoonis for lack of prosecution pursuant to the Court's December 22, 2015 order to show cause. (smo)
|
|
Filing 16
DENIED BY ORDER OF THE COURT by Judge Percy Anderson: denying #14 APPLICATION for Service by Publication. (lom)
|
| Filing 15 RESPONSE filed by Plaintiff Samuel Loveto Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #13 to Order to Show Cause (Attachments: #1 Proof of service)(Price, Dennis) |
| Filing 14 APPLICATION for Service by Publication of Summons filed by plaintiff Samuel Love. (Attachments: #1 Memorandum, #2 Declaration Mark Potter, #3 Proposed Order, #4 Exhibit 1- Service Report AP, #5 Exhibit 2- NOA, #6 Exhibit 3- Eserve Reports, #7 Proof of service) (Potter, Mark) |
|
Filing 13
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: Absent a showing of good cause, an action must be dismissed without prejudice if the summons and complaint are not served on a defendant within 90 days after the complaint is filed. In the present case, it appears that this time period has not been met. Accordingly, the court, on its own motion, orders plaintiff to show cause in writing on or before January 19, 2016, why defendants Nejat Mirharooni and Shehnaz Mirharooni should not be dismissed for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of plaintiff's response. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of the complaint as to defendants Nejat Mirharooniand Shehnaz Mirharooni. (smo)
|
| Filing 12 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Jung Lee (pj) |
| Filing 11 REQUEST for Clerk to Enter Default against defendant Jung Lee filed by plaintiff Samuel Love. (Attachments: #1 Declaration Phyl Grace, #2 Proof of service) (Grace, Phyl) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Samuel Love, upon Defendant Jung Lee served on 10/26/2015, answer due 11/16/2015. Service of the Summons and Complaint were executed upon Tan Doe in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Potter, Mark) |
|
Filing 9
STANDING ORDER by Judge Percy Anderson: This action has been assigned to the calendar of Judge Percy Anderson. All counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. See document for further details. (iv)
|
| Filing 8 Notice to Parties: ADA Disability Access Litigation. (gk) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Jung Lee, Nejat Mirharooni, Shehnaz Mirharooni. (vp) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (vp) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Kenly Kiya Kato. (vp) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Samuel Love. (Potter, Mark) |
| Filing 3 CERTIFICATE of Interested Parties filed by plaintiff Samuel Love, identifying Samuel Love. (Potter, Mark) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Samuel Love. (Potter, Mark) |
| Filing 1 COMPLAINT Receipt No: 0973-16459250 - Fee: $400, filed by plaintiff Samuel Love. (Attorney Mark D Potter added to party Samuel Love(pty:pla))(Potter, Mark) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
