Theresa Brooke v. SB Hospitality Palm Springs LLC
Plaintiff: Theresa Brooke
Defendant: SB Hospitality Palm Springs LLC
Case Number: 5:2016cv00953
Filed: May 10, 2016
Court: US District Court for the Central District of California
Presiding Judge: Kenly Kiya Kato
Referring Judge: Suzanne H Segal
2 Judge: Otis D Wright
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 13, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 13, 2017 Opinion or Order Filing 31 ORDER DISMISSING CASE by Judge Otis D. Wright, II. Upon Stipulation #30 and good cause shown, IT IS HEREBY ORDERED dismissing the above-captioned action with prejudice. Each party shall bear her/its own costs and attorneys' fees. All pending dates are hereby vacated. Case Terminated. Made JS-6. (jy)
March 13, 2017 Filing 30 STIPULATION to Dismiss Case pursuant to Fed.R.Civ.P. 41 filed by Plaintiff Theresa Brooke. (Attachments: #1 Proposed Order)(Strojnik, Peter)
February 9, 2017 Filing 29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #28 . The following error(s) was found: Incorrect event selected. The correct event is: Request for Substitution of Attorney. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (ak)
February 8, 2017 Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Peter Kristofer Strojnik counsel for Plaintiff Theresa Brooke. Adding Peter Kristofer Strojnik as counsel of record for Theresa Brooke for the reason indicated in the G-123 Notice. Filed by Plaintiff Theresa Brooke. (Strojnik, Peter)
February 2, 2017 Filing 27 First NOTICE of Appearance filed by attorney Jacklyn Jihee Kim on behalf of Defendant SB Hospitality Palm Springs LLC (Attorney Jacklyn Jihee Kim added to party SB Hospitality Palm Springs LLC(pty:dft))(Kim, Jacklyn)
January 17, 2017 Filing 26 PROOF OF SERVICE filed by defendant SB Hospitality Palm Springs LLC, re Order on Motion to Withdraw as Attorney,,, #24 served on 01/17/2017. (Garcia, Aaron)
January 17, 2017 Opinion or Order Filing 25 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court having granted the Corrected Motion to Withdraw as Counsel for SB Hospitality Palm Springs LLC, #24 , hereby instructs counsel to serve a copy of the Courts order on Defendant and, thereafter, file a proof of service by no later than January 20, 2017. (lc)
January 17, 2017 Opinion or Order Filing 24 ORDER GRANTING CORRECTED MOTION TO WITHDRAW AS COUNSEL #21 AND DENYING AS MOOT MOTION TO WITHDRAW #19 by Judge Otis D. Wright, II: The Court orders Defendant to obtain new counsel by February 6, 2017. If Defendant fails to obtain new counsel by that date, the Court will strike its answer and enter a default. (lc). Modified on 1/17/2017 .(lc).
January 13, 2017 Filing 23 DECLARATION of Aaron F. Garcia re Corrected NOTICE OF MOTION AND MOTION of Aaron F. Garcia to Withdraw as Attorney for SB Hospitality Palm Springs LLC, dba Comfort Inn Palm Springs Downtown #21 Supplemental Declaration of Aaron F. Garcia filed by Defendant SB Hospitality Palm Springs LLC. (Attachments: #1 Proof of Service)(Garcia, Aaron)
January 6, 2017 Opinion or Order Filing 22 ORDER FOR SUPPLEMENTAL DECLARATION by Judge Otis D. Wright, II. Attorney Aaron Garcia moves to withdraw as counsel for Defendant SB Hospitality Palm Springs, LLC ("SB Hospitality") based on a breakdown in communication with his client and differences of opinion as to the representation. (Mot. 23, ECF No. [21-1].) When an attorney represents a business entity, as here, theattorney must provide evidence that he has notified the business entity not only of his intent to withdraw but also of the consequences of "the business entity's inability to appear pro se." L.R. 83-2.3.4. It is unclear from Mr. Garcia's declaration whether he has advised SB Hospitality of the consequences its "inability to proceed pro se." The Court will give Mr. Garcia until January 13, 2017 to submit a supplemental declaration establishing whether he has given SB Hospitality this specific notice. IT IS SO ORDERED. (jy)
January 4, 2017 Filing 21 Corrected NOTICE OF MOTION AND MOTION of Aaron F. Garcia to Withdraw as Attorney for SB Hospitality Palm Springs LLC, dba Comfort Inn Palm Springs Downtown filed by defendant SB Hospitality Palm Springs LLC. Motion set for hearing on 3/6/2017 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Withdraw as Counsel, #2 Declaration of Aaron F. Garcia in Support of Motion to Withdraw as Counsel, #3 Proposed Order, #4 Proof of Service) (Garcia, Aaron)
January 3, 2017 Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #18 , NOTICE OF MOTION AND MOTION of Aaron F. Garcia to Withdraw as Attorney for SB Hospitality Palm Springs LLC, dba Comfort Inn Palm Springs Downtown #19 . The following error(s) was found: Case number is incorrect as 5:16-cv-00953 KK. Refer to reassignment order of 6/28/16 docket no. 10, Case no. to read correctly as 5:16-cv-00953 ODW(SSx). In response to this notice the court may order (1) an amended or correct document to be filed (2) 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)
January 3, 2017 Filing 19 NOTICE OF MOTION AND MOTION of Aaron F. Garcia to Withdraw as Attorney for SB Hospitality Palm Springs LLC, dba Comfort Inn Palm Springs Downtown filed by defendant SB Hospitality Palm Springs LLC. Motion set for hearing on 3/6/2017 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Motion to Withdraw as Counsel, #2 Declaration Declaration of Aaron F. Garcia in Support of Motion to Withdraw as Counsel, #3 Proposed Order, #4 Proof of Service) (Garcia, Aaron)
December 20, 2016 Filing 18 Notice of Intent to File an Application for Leave to Withdraw as Counsel (Attachments: #1 Proof of Service)(Garcia, Aaron)
December 15, 2016 Opinion or Order Filing 17 ORDER/REFERRAL to ADR Procedure No 1 by Judge Otis D. Wright, II. Case ordered to Magistrate Judge Suzanne H. Segal for Settlement Conference. (lc)
December 15, 2016 Opinion or Order Filing 16 SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIALS) by Judge Otis D Wright II: THE SCHEDULING CONFERENCE IS VACATED. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. Jury trial: 11/7/17 9:00 AM; File final trial exhibit stipulation: 11/2/17; hearing on motions in limine: 10/30/17 1:30 PM; Final Pretrial Conference: 10/23/17 1:30 PM; motions in limine, proposed voir dire questions and proposed voir dire questions and agreed to statement of case: 10/23/17; lodge Pretrial conference order and pretrial exhibit stipulation, file trial briefs, contentions of fact and law, exhibit and witness lists, status report regarding settlement, agreed upon set of instructions and verdict forms, joint statement regarding disputed instructions verdicts etc: 10/2/17; last day for hearing motions: 9/11/17; last date to conduct settlement conference: 8/28/17; discovery cutoff: 8/7/17; last date to amend pleadings or add parties: 2/7/17. (lc) Modified on 12/16/2016 (lc).
December 14, 2016 Opinion or Order Filing 15 ORDER GRANTING ATTORNEY PETER STROJNIK REQUEST TO WITHDRAW AS COUNSEL #14 by Judge Otis D. Wright, II: Plaintiff has agreed in writing to represent herself and has been notified both of Strojniks withdrawal and suspension. (Id.) Therefore, the Court grants Strojniks request to withdraw as counsel in this matter. The Court will vacate the scheduling conference and issue an order scheduling dates according to the parties Rule 26(f) Joint Report.(ECF No. 13.) (lc)
December 13, 2016 Filing 14 NOTICE OF MOTION AND MOTION of Peter Strojnik to Withdraw as Attorney filed by Plaintiff Theresa Brooke. (Attachments: #1 Proposed Order) (Strojnik, Peter)
December 13, 2016 Filing 13 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2 days, filed by Plaintiff Theresa Brooke.. (Strojnik, Peter)
October 31, 2016 Filing 12 NOTICE TO PARTIES by District Judge Otis D. Wright. Effective November 7, 2016, Judge Wright will be located at the 1st Street Courthouse, COURTROOM 5D on the 5th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 5D of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
October 17, 2016 Filing 11 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE by Judge Otis D. Wright, II. Scheduling Conference is set for December 19, 2016 at 1:30 p.m. (See attached document for details.) (lom)
June 28, 2016 Filing 10 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Kenly Kiya Kato to Judge Otis D. Wright, II for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Suzanne H. Segal. The case number will now reflect the initials of the transferee Judges 5:16-cv-00953 ODW(SSx). (rn)
June 22, 2016 Filing 9 CERTIFICATION AND NOTICE of Interested Parties filed by defendant SB Hospitality Palm Springs LLC, identifying Theresa Brooke, SB Hospitality Palm Springs, LLC. (Garcia, Aaron)
June 22, 2016 Filing 8 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by defendant SB Hospitality Palm Springs LLC. (Attachments: #1 Proof of Service)(Attorney Aaron F Garcia added to party SB Hospitality Palm Springs LLC(pty:dft))(Garcia, Aaron)
May 13, 2016 Filing 7 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (dts)
May 11, 2016 Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant SB Hospitality Palm Springs LLC. (ghap)
May 11, 2016 Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Kenly Kiya Kato. (Attachments: #1 11C Statement of Consent Proceed) (ghap)
May 10, 2016 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Theresa Brooke. (Strojnik, Peter)
May 10, 2016 Filing 3 NOTICE of Interested Parties filed by plaintiff Theresa Brooke, (Strojnik, Peter)
May 10, 2016 Filing 2 CIVIL COVER SHEET filed by Plaintiff Theresa Brooke. (Strojnik, Peter)
May 10, 2016 Filing 1 COMPLAINT Receipt No: 0973-17798492 - Fee: $400, filed by plaintiff Theresa Brooke. (Attorney Peter K Strojnik added to party Theresa Brooke(pty:pla))(Strojnik, Peter)

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Defendant: SB Hospitality Palm Springs LLC
Represented By: Jacklyn Jihee Kim
Represented By: Aaron F Garcia
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Plaintiff: Theresa Brooke
Represented By: Peter Kristofer Strojnik
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