James Rutherford v. Shell Gas Station et al
| James Rutherford |
| SHELL GAS STATION, a business of unknown form, GETTY LEASING, INC., a Delaware corporation, DOES 1-10 Inclusive, Shell Gas Station, Getty Leasing, Inc., Does 1-10, inclusive and Coastline Partners, LLC |
| 5:2018cv01123 |
| May 25, 2018 |
| US District Court for the Central District of California |
| Rozella A Oliver |
| Otis D Wright |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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Filing 54
ORDER DISMISSING ENTIRE ACTION WITHOUT PREJUDICE #53 . All dates and deadlines in this action are VACATED and taken off calendar by Judge Otis D. Wright, II (Made JS-6. Case Terminated.) (lc)
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| Filing 53 Joint STIPULATION to Dismiss Case pursuant to Joint Stipulation filed by Plaintiff James Rutherford. (Attachments: #1 Proposed Order)(Manning, Joseph) |
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Filing 52
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:In light of the parties recent Notice of Settlement #51 , the Court hereby ORDERS the parties TO SHOW CAUSE, in writing, no later than Monday, May 18, 2019, why settlement has not been finalized. No hearing will be held. All other dates and deadlinesin this action are VACATED and taken off calendar. The Court will discharge this order upon the filing of a dismissal that complies with Federal Rule of Civil Procedure 41. (lc)
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| Filing 51 NOTICE of Settlement filed by Plaintiff James Rutherford. (Manning, Joseph) |
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Filing 50
ORDER GRANTING PLAINTIFFS MOTION FOR LEAVE TO FILE AN AMEND COMPLAINT #37 AND DENYING AS MOOT DEFENDANTS MOTION TO DISMISS #17 , DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT #22 , AND PLAINTIFFS MOTION TO STRIKE #32 by Judge Otis D. Wright, II . (lc). Modified on 3/7/2019 (lc).
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| Filing 49 The hearing on the MOTION TO AMEND COMPLAINT #37 , scheduled for March 11, 2019 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 48 Objection re FRE Rule 408 violation opposition re: NOTICE OF MOTION AND MOTION to TO AMEND PLAINTIFFS COMPLAINT ( FOR LEAVE) #37 filed by Defendants Coastline Partners, LLC, Getty Leasing, Inc., Shell Gas Station. (Adams, William) |
| Filing 47 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Defendant's Ex Parte Application #41 is DENIED. (jp) |
| Filing 46 REPLY In Support of NOTICE OF MOTION AND MOTION to TO AMEND PLAINTIFFS COMPLAINT ( FOR LEAVE) #37 filed by Plaintiff James Rutherford. (Manning, Joseph) |
| Filing 45 OBJECTION Objection to Defendant's Late Opposition To Plaintiffs Motion for Leave re: NOTICE OF MOTION AND MOTION to TO AMEND PLAINTIFFS COMPLAINT ( FOR LEAVE) #37 filed by Plaintiff James Rutherford. (Manning, Joseph) |
| Filing 44 OPPOSITION In Opposition re: EX PARTE APPLICATION for Extension of Time to File Response Brief #41 filed by Plaintiff James Rutherford. (Attachments: #1 Proposed Order)(Manning, Joseph) |
| Filing 43 OBJECTION re: EX PARTE APPLICATION for Extension of Time to File Response Brief #41 filed by Plaintiff James Rutherford. (Manning, Joseph) |
| Filing 42 SUPPLEMENT to EX PARTE APPLICATION for Extension of Time to File Response Brief #41 , Response in Opposition to Motion, #40 filed by Defendants Coastline Partners, LLC, Getty Leasing, Inc., Shell Gas Station. (Adams, William) |
| Filing 41 EX PARTE APPLICATION for Extension of Time to File Response Brief filed by Defendants Coastline Partners, LLC, Getty Leasing, Inc., Shell Gas Station. (Attachments: #1 Declaration Wm. Adams, #2 Proposed Order) (Adams, William) |
| Filing 40 OPPOSITION to NOTICE OF MOTION AND MOTION to TO AMEND PLAINTIFFS COMPLAINT ( FOR LEAVE) #37 filed by Defendants Coastline Partners, LLC, Getty Leasing, Inc., Shell Gas Station. (Attachments: #1 Declaration Wm. Adams, #2 Exhibit)(Adams, William) |
| Filing 39 NOTICE of Change of address by Joseph Richard Manning, Jr attorney for Plaintiff James Rutherford. Changing attorneys address to 20062 SW Birch Street, Suite 200, Newport Beach, CA 92660. Filed by Plaintiff James Rutherford. (Manning, Joseph) |
| Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to TO AMEND PLAINTIFFS COMPLAINT ( FOR LEAVE) #37 . The following error(s) was/were found: Page 3 of 8 page main document is Blank. Clerk unable to determine the error of this blank page 3. 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 37 NOTICE OF MOTION AND MOTION to TO AMEND PLAINTIFFS COMPLAINT ( FOR LEAVE) filed by Plaintiff James Rutherford. Motion set for hearing on 3/11/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order) (Manning, Joseph) |
| Filing 36 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to Plead Facts #17 Notice of Adverse Authority filed by Defendants Coastline Partners, LLC, Getty Leasing, Inc., Shell Gas Station. (Adams, William) |
| Filing 35 OPPOSITION to NOTICE OF MOTION AND MOTION to Strike Declaration of Craig Lobnow Reply (Motion related), #29 #32 filed by Defendants Coastline Partners, LLC, Getty Leasing, Inc., Shell Gas Station. (Adams, William) |
| Filing 34 RESPONSE filed by Defendants Coastline Partners, LLC, Getty Leasing, Inc., Shell Gas Stationto Objection/Opposition (Motion related) #31 to Declaration of Craig Lobnow (Adams, William) |
| Filing 33 The hearing on the MOTION FOR PARTIAL SUMMARY JUDGMENT #22 , scheduled for October 29, 2018 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 32 NOTICE OF MOTION AND MOTION to Strike Declaration of Craig Lobnow Reply (Motion related), #29 filed by Plaintiff James Rutherford. (Manning, Joseph) |
| Filing 31 Objection to Declaration of Craig Lobnow re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to ADA & Injunctive Relief #22 filed by Plaintiff James Rutherford. (Manning, Joseph) |
| Filing 30 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to ADA & Injunctive Relief #22 Notice of Errata filed by Defendants Coastline Partners, LLC, Getty Leasing, Inc., Shell Gas Station. (Adams, William) |
| Filing 29 REPLY in support NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to ADA & Injunctive Relief #22 filed by Defendants Coastline Partners, LLC, Getty Leasing, Inc., Shell Gas Station. (Attachments: #1 Declaration Craig Lobnow, #2 Declaration Eric Dransfield, #3 Declaration Wm. Adams, #4 Exhibit)(Adams, William) |
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Filing 28
MINUTE ORDER (IN CHAMBERS) by Judge Otis D. Wright, II: re: The hearing on the MOTION to Dismiss, scheduled for October 15, 2018 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. Defendants EX PARTE APPLICATION to Continue hearing #25 is hereby DENIED. (yl)
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| Filing 27 Opposition re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to ADA & Injunctive Relief #22 filed by Plaintiff James Rutherford. (Attachments: #1 Declaration Of Craig Cote, #2 Exhibit 1 to Craig Cote Decl, #3 Exhibit 2 to Craig Cote Decl, #4 Declaration Of Rutherford, #5 Exhibit A to Rutherford Decl, #6 Exhibit Bto Rutherford Decl, #7 Exhibit C to Rutherford Decl, #8 Exhibit D to Rutherford Decl, #9 Declaration Plaintiff's Stmt of Genuine Disputes of Material Facts, #10 Declaration Objections to Decl of Adams, #11 Proposed Order)(Manning, Joseph) |
| Filing 26 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to Plead Facts #17 Notice of Errata filed by Defendants Coastline Partners, LLC, Getty Leasing, Inc., Shell Gas Station. (Adams, William) |
| Filing 25 EX PARTE APPLICATION to Continue hearing from October 15, 2018 to October 29, 2018 Re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to Plead Facts #17 filed by Defendant Coastline Partners, LLC, Getty Leasing, Inc., Shell Gas Station. (Attachments: #1 Declaration Wm. Adams, #2 Proposed Order) (Adams, William) |
| Filing 24 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to Plead Facts #17 filed by Defendants Coastline Partners, LLC, Getty Leasing, Inc., Shell Gas Station. (Attachments: #1 Declaration of electronic service)(Adams, William) |
| Filing 23 Opposition In Opposition re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to Plead Facts #17 filed by Plaintiff James Rutherford. (Manning, Joseph) |
| Filing 22 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to ADA & Injunctive Relief filed by Defendant Coastline Partners, LLC, Getty Leasing, Inc., Shell Gas Station. Motion set for hearing on 10/29/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum Points & Authorities, #2 Statement of Uncontroverted Facts & Law, #3 Request for Judicial Notice, #4 Declaration Wm. Adams, #5 Exhibit, #6 Proposed Order, #7 Proof of Service) (Adams, William) |
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Filing 21
ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: NOTICE OF MOTION AND MOTION for Summary Judgment as to ADA and injunctive relief/Case moot #19 , for the following reasons: Review the discrepancy instructions docket no. 20 and refile your document with the correct attachment. (lc)
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| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Summary Judgment #19 by Coastline Partners, LLC, Getty Leasing, Inc.. The following error(s) was/were found: The title page of the filing is erroneously entitled " NOTICE OF MOTION AND MOTION TO DISMISS " (Page 2 refers to the Motion for summary judgment, all supporting documents are in support of motion for summary judgment). 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 19 NOTICE OF MOTION AND MOTION for Summary Judgment as to ADA and injunctive relief/Case moot filed by Defendant Coastline Partners, LLC, Getty Leasing, Inc.. Motion set for hearing on 10/22/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum points & authorities, #2 Statement of Uncontroverted Facts & Conclusions of Law, #3 Request for Judicial Notice, #4 Declaration, #5 Exhibit, #6 Proposed Order, #7 Declaration of service) (Adams, William) Modified on 9/17/2018 (lc).(STRICKEN PER 9/17/2018 ORDER) |
| Filing 18 NOTICE of Interested Parties filed by Defendants All Defendants, identifying Riverside Travel Center, LLC, Getty Realty Corp.. (Attachments: #1 Declaration proof of service)(Attorney William A Adams added to party Does(pty:dft))(Adams, William) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to Plead Facts filed by Defendant Coastline Partners, LLC, Getty Leasing, Inc., Shell Gas Station. Motion set for hearing on 10/15/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum, #2 Request for Judicial Notice, #3 Exhibit, #4 Proposed Order, #5 Declaration Proof of Service) (Attorney William A Adams added to party Coastline Partners, LLC(pty:dft), Attorney William A Adams added to party Getty Leasing, Inc.(pty:dft), Attorney William A Adams added to party Shell Gas Station(pty:dft)) (Adams, William) |
| Filing 16 WAIVER OF SERVICE Returned Executed filed by Plaintiff James Rutherford. upon Coastline Partners, LLC waiver sent by Plaintiff on 7/18/2018, answer due 9/17/2018; Getty Leasing, Inc. waiver sent by Plaintiff on 7/18/2018, answer due 9/17/2018. Waiver of Service signed by William Adams- Attorney for Defendants COastline, LLC & Getty Leasing. (Manning, Joseph) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff James Rutherford, upon Defendant Shell Gas Station served on 6/19/2018, answer due 7/10/2018. in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Manning, Joseph) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff James Rutherford, upon Defendant Getty Leasing, Inc. served on 6/13/2018, answer due 7/5/2018. in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Manning, Joseph) |
| Filing 13 21 DAY Summons Issued re Amended Complaint/Petition #11 as to Defendant Coastline Partners, LLC. (lc) |
| Filing 12 Request for Clerk to Issue Summons on Amended Complaint/Petition #11 filed by Plaintiff James Rutherford. (Manning, Joseph) |
| Filing 11 FIRST AMENDED COMPLAINT against DEFENDANTS All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff James Rutherford(Manning, Joseph) |
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Filing 10
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Shell Gas Station. (ghap) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Getty Leasing, Inc. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Rozella A. Oliver. (ghap) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff James Rutherford. (Manning, Joseph) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff James Rutherford. (Manning, Joseph) |
| Filing 3 CERTIFICATE AND NOTICE of Interested Parties filed by Plaintiff James Rutherford, (Manning, Joseph) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff James Rutherford. (Manning, Joseph) |
| Filing 1 COMPLAINT Receipt No: 0973-21823202 - Fee: $400, filed by Plaintiff James Rutherford. (Attorney Joseph Richard Manning, Jr added to party James Rutherford(pty:pla))(Manning, Joseph) |
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