James Rutherford et al v. Albertos Mexican Food et al
| James Rutherford and The Association 4 Equal Access |
| ALBERTO'S MEXICAN FOOD, a business of unknown form, DOES 1-10 Inclusive, TABBAA MARDINI REAL ESTATE INVESTMENTS, LLC., a California Limited Liability Company, Tabbaa Mardini Real Estate Investments, LLC, Does 1-10, inclusive and Albertos Mexican Food |
| Gail Killefer |
| 5:2018cv00565 |
| March 19, 2018 |
| US District Court for the Central District of California |
| Shashi H Kewalramani |
| John A Kronstadt |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 13, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 31 Joint STIPULATION to Dismiss Case pursuant to FRCP 41(a)1 filed by Plaintiffs James Rutherford, The Association 4 Equal Access.(Hashemi, Babak) |
Filing 30
ORDER DISMISSING CASE WITHOUT PREJUDICE by Judge John A. Kronstadt. Case Terminated. Made JS-6. Dkt. #29 (ake)
|
| Filing 29 MEDIATION REPORT filed by Mediator (ADR Panel) Gail Killefer: A mediation did not take place because the case settled before the session occurred.(Killefer, Gail) |
|
Filing 28
(IN CHAMBERS) ORDER SETTING DATE TO FILE JOINT TRIAL REPORT by Judge John A. Kronstadt: Consistent with the Scheduling Order, the last date for the parties to file motions was October 8, 2018. Dkt. #27 . There were no motions filed. Accordingly, counsel shall confer and file a Joint Trial Report no later than October 26, 2018, which shall include the parties respective and/or collective views on: (i) a proposed date for the final pretrial conference and trial; (ii) the trial estimate and whether either party is requesting that the panel be prescreened and, if so, the basis for such; and (iii) any issues that need to be addressed prior to the commencement of trial. A Trial Setting Conference is set for November 5, 2018 at 1:30 pm, which is the same date and time as the Post Mediation Status Conference. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
|
|
Filing 27
(IN CHAMBERS) ORDER SETTING PRETRIAL DATES by Judge John A. Kronstadt: Last day to amend or add parties 8/31/2018., Non-Expert Discovery cut-off 8/27/2018., Last day to file All Motions 10/8/2018., Last day to participate in a settlement conference/mediation is 10/19/2018., Post Mediation Status Conference set for 11/5/2018 01:30 PM. (SEE CIVIL MINUTES FOR FURTHER SPECIFICS) (bp)
|
|
Filing 26
ORDER/REFERRAL to ADR Procedure No 2 by Judge John A. Kronstadt. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than October 19, 2018. Status Conference set for November 5, 2018 at 1:30 pm before Judge John A. Kronstadt. (ake)
|
| Filing 25 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Plaintiffs James Rutherford, The Association 4 Equal Access.. (Hashemi, Babak) |
|
Filing 24
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. UNDER SUBMISSION; NO HEARING Date: July 23, 2018. Joint Report due by 7/13/2018. (SEE ORDER FOR SPECIFICS) (bp)
|
|
Filing 23
ORDER RE STIPULATION TO SET ASIDE DEFAULT AND TO ALLOW THE ANSWER FILED BY DEFENDANTS TO STAND by Judge John A. Kronstadt, re Stipulation to Set Aside Default #20 . The Court finds that the Stipulation is GRANTED. The Default entered against Alberto's Mexican Food and Tabbaa Mardini Real Estate Investments, LLC will stand as the Answer to the Complaint filed May 7 2018. Dkt. 15. (bp)
|
| Filing 22 NOTICE OF LODGING filed re Stipulation to Set Aside Default #20 (Attachments: #1 Proposed Order Proposed Order)(Tumer, Ozgun) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES RE STIPULATION TO SET ASIDE DEFAULT AND TO ALLOW THE ANSWER FILED BY DEFENDANTS TO STAND (DKT. #20 by Judge John A. Kronstadt: Please take notice that pursuant to Local Rule 5-4 and/or the Federal Rules of Civil Procedure, the following deficiency has been found with your electronically filed document: Pursuant to L.R. 52-4.1, a proposed order shall be e-filed as a separate attachment to any document seeking Court approval. Counsel shall file a "Notice of Lodging of Proposed Order Re..." with the proposed order e-filed as an attachment to the notice by May 29, 2018. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY |
| Filing 20 STIPULATION to Set Aside Default as to Defendants filed by Defendant Albertos Mexican Food, Tabbaa Mardini Real Estate Investments, LLC.(Tumer, Ozgun) |
|
Filing 19
(IN CHAMBERS) ORDER RE PARTIES TO MEET AND CONFER RE ANSWER (DKT. #15 ) AND DEFAULT ENTERED BY CLERK (DKT. #14 ) by Judge John A. Kronstadt: On April 11, 2018, Plaintiff filed Proofs of Service stating that the Summons and Complaint were served on Defendants. Dkt. #11 #12 . Based on the date of service, Defendant Albertos Mexican Food and Defendant Tabba Mardini Real Estate Investments, LLC, were to respond to the Complaint by April 30, 2018. Id. Because neither timely responded, Plaintiff sought the entry of the default of each Defendant. Dkt. #13 . The Clerk granted the request and the default of each was entered on May 4, 2018. Dkt. #14 . On May 7, 2018, these Defendants filed an untimely answer Answer without first seeking to have their defaults set aside. Dkt. #15 . Fed. R. Civ. P. 6 provides that a Court may, for good cause shown, accept a late response if the party failed to act because of excusable neglect. To streamline the proceedings in this matter, on or before May 21, 2018, and pursuant to L.R. 7.3, the parties shall meet and confer to determine whether they will stipulate to the set aside of the defaults of Defendants, and the filing of their Answer. If they so agree, their stipulation shall be filed by May 22, 2018. If they do not agree to such a stipulation, then by May 29, 2016, Defendants shall file a motion seeking the set aside of the default. In support of that motion, Defendants shall present appropriate evidence in support of any claim of excusable neglect or other explanation for their failure timely to respond to the Complaint. Within seven days of the filing of such a motion, Plaintiff shall file any opposition. Upon receiving the opposition, the Court will take the matter under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
|
| Filing 18 NOTICE of Interested Parties filed by Defendants All Defendants, (Attorney Ozgun K Tumer added to party Does(pty:dft))(Tumer, Ozgun) |
| Filing 17 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Complaint (Attorney Civil Case Opening), #15 by Judge John A. Kronstadt. The Court directs Defendants to adhere to L.R. 7-1.1 and file a notice of interested parties no later than May 11, 2018. A failure to file the notice may result in the Answer being stricken.. (bp) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening), #15 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (pso) |
| Filing 15 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defednant Albertos Mexican Food, Tabbaa Mardini Real Estate Investments, LLC.(Attorney Ozgun K Tumer added to party Albertos Mexican Food(pty:dft), Attorney Ozgun K Tumer added to party Tabbaa Mardini Real Estate Investments, LLC(pty:dft))(Tumer, Ozgun) |
| Filing 14 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Albertos Mexican Food a business of unknown form, Tabbaa Mardini Real Estate Investments, LLC a California Limited Liablity Company (yl) |
| Filing 13 REQUEST for Entry of Default against Defendants Albertos Mexican Food, Tabbaa Mardini Real Estate Investments, LLC filed by Plaintiffs James Rutherford, The Association 4 Equal Access. (Attachments: #1 Declaration) (Hashemi, Babak) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff James Rutherford, upon Defendant Tabbaa Mardini Real Estate Investments, LLC served on 4/3/2018, answer due 4/24/2018. in compliance with California Code of Civil Procedure by substituted service by mail and by also mailing a copy.Original Summons NOT returned. (Manning, Joseph) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff James Rutherford, upon Defendant Albertos Mexican Food served on 4/8/2018, answer due 4/30/2018. in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Manning, Joseph) |
| Filing 10 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT. (SEE ORDER FOR SPECIFICS) \ (bp) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Tabbaa Mardini Real Estate Investments, LLC. (et) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Albertos Mexican Food. (et) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Shashi H. Kewalramani. (et) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiffs James Rutherford, The Association 4 Equal Access. (Hashemi, Babak) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiffs James Rutherford, The Association 4 Equal Access. (Hashemi, Babak) |
| Filing 3 CERTIFICATE AND NOTICE of Interested Parties filed by Plaintiffs James Rutherford, The Association 4 Equal Access, (Attorney Babak Hashemi added to party The Association 4 Equal Access(pty:pla))(Hashemi, Babak) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs James Rutherford, The Association 4 Equal Access. (Hashemi, Babak) |
| Filing 1 COMPLAINT Receipt No: 0973-21437249 - Fee: $400, filed by Plaintiff James Rutherford. (Attorney Babak Hashemi added to party James Rutherford(pty:pla))(Hashemi, Babak) |
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.
