James Rutherford v. Cervantes Fiesta Mexican Food, et al
| James Rutherford |
| DOES 1-10 Inclusive, CERVANTES FIESTA MEXICAN FOOD, a business of unknown form, TALAT RADWAN AND JASON RADWAN, Co-Trustees of THE MALKI LIVING TRUST dated January 7, 1998 and restated December 15, 2000, Talat Radwan, Does 1-10, inclusive, Cervantes Fiesta Mexican Food and Jason Radwan |
| 5:2018cv01357 |
| June 25, 2018 |
| US District Court for the Central District of California |
| R Gary Klausner |
| Frederick F Mumm |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 21 JUDGMENT RE DEFAULT JUDGMENT #16 by Judge R. Gary Klausner, it is hereby ordered and adjudged that Plaintiff shall have JUDGMENT in his favor against Defendants as follows: (1) Injunctive relief enjoining Defendants from further violations of the ADA, 42 USC 12181, et. seq. and UCRA Civil Code Section 51 et. seq., and mandating that Defendants provide an ADA compliant premises that is readily achievable; (2) $4,000 in statutory damages pursuant to Cal. Civ. Code Section 52(a); and (3) Attorneys' fees and costs in the amount of $3,657.50. (jp) |
| Filing 20 Pursuant to Local Rule 5-4.4.2, counsel for plaintiff shall immediately submit the proposed order in connection with Docket Entry 19 (to the Judge's generic email address) in Word or Word Perfect format. TEXT ONLY ENTRY THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY |
| Filing 19 NOTICE OF LODGING filed Proposed Order re Order on Motion for Default Judgment,,, #18 (Attachments: #1 Exhibit A)(Manning, Joseph) |
Filing 18
MINUTES (IN CHAMBERS) Order re: Plaintiff's Motion for Default Judgment #16 by Judge R. Gary Klausner. In light of the foregoing, the Court GRANTS in part and DENIES in part Plaintiff's Motion for Default Judgment as follows: (1) Injunctive relief enjoining Defendants from further violations of the ADA, 42 U.S.C. 12181, et. seq. and UCRA Civil Code 51 et. seq., and mandating that Defendants provide an ADA compliant premises that is readily achievable; (2) $4,000 in statutory damages pursuant to Cal. Civ. Code 52(a); and (3) Attorneys fees and costs in the amount of $3,657.50. Plaintiff is order to file a Proposed Judgment consistent with this Order no later than 5 days from the date this Order is entered. IT IS SO ORDERED. (lom)
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Filing 17
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiff's Motion for Default Judgment #16 , calendared for hearing on October 15, 2018, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 16 APPLICATION for Default Judgment against Defendants Cervantes Fiesta Mexican Food, Talat Radwan and Jason Radwan, co Trustees of The Malki Living Trust filed by Plaintiff James Rutherford. Application set for hearing on 10/15/2018 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum, #2 Exhibit Index of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proposed Order) (Manning, Joseph) |
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Filing 15
SCHEDULING NOTICE TO PLAINTIFF AND ORDER by Judge R. Gary Klausner. Default was entered by the Clerk as to defendant(s) on August 13, 2018 #14 . Counsel shall file the motion for default judgment on or before September 14, 2018. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 14 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Cervantees Fiesta Mexican Food, a business of unknown form, Talat Radwan and Jason Radwan, Co-Trustees of The Malki Living Trust dated January 7, 1998 and restated December 15, 2000 (bp) |
| Filing 13 REQUEST for Clerk to Enter Default Cervantes Fiesta Mexican Food, Jason Radwan, Talat Radwan James Rutherford. (Attachments: #1 Declaration) (Manning, Joseph) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff James Rutherford, upon Defendant Jason Radwan served on 7/6/2018, answer due 7/27/2018; Talat Radwan served on 7/6/2018, answer due 7/27/2018. in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Manning, Joseph) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff James Rutherford, upon Defendant Cervantes Fiesta Mexican Food served on 7/8/2018, answer due 7/30/2018. in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Manning, Joseph) |
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Filing 10
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
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| Filing 9 21 DAY Summons issued re Complaint #1 as to defendants Jason Radwan, Talat Radwan. (esa) |
| Filing 8 21 DAY Summons issued re Complaint #1 as to defendant Cervantes Fiesta Mexican Food. (esa) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Frederick F. Mumm. (esa) |
| 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: 0973-21983108 - 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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