James Rutherford v. Mos Egg House et al
Plaintiff: James Rutherford
Defendant: DOES 1-10 Inclusive, MOS EGG HOUSE, a business of unknown form, HILBERT GROUP, LLC, a Delaware limited liability company, DOES 1-10, inclusive, Mos Egg House and Herbert Group, LLC
Alternative Dispute Resolution (Adr) Provider: Arthur K Cunningham and Raymond R Kepner
Case Number: 5:2018cv02491
Filed: November 27, 2018
Court: US District Court for the Central District of California
Presiding Judge: Cormac J Carney
Referring Judge: Sheri Pym
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101 Americans With Disabilities Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 26, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 26, 2019 Opinion or Order Filing 29 ORDER DISMISSAL WITH PREJUDICE by Judge Cormac J. Carney. The Court hereby enters a dismissal with prejudice of Plaintiffs Complaint in the above-entitled action, in its entirety. Each party shall bear his or its own costs and attorneys fees. (shb)
November 25, 2019 Filing 28 Joint STIPULATION to Dismiss Case pursuant to Joint Stipulation filed by Plaintiff James Rutherford. (Attachments: #1 Proposed Order)(Manning, Joseph)
April 18, 2019 Opinion or Order Filing 27 MINUTE ORDER (IN CHAMBERS) ORDER DISMISSING ACTION ON NOTICE OF SETTLEMENT by Judge Cormac J. Carney. The Court, having been advised by the Plaintiff that this action has been settled by a Notice of Settlement #25 filed on April 17, 2019, here by orders this action dismissed without prejudice. (Made JS-6. Case Terminated.) (lom)
April 17, 2019 Filing 26 MEDIATION REPORT A mediation did not take place because the case settled before the session occurred. With the filing of this Report, the parties are advised that they must notify the trial judge's deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case. Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(mb)
April 17, 2019 Filing 25 NOTICE of Settlement filed by Plaintiff James Rutherford. (Manning, Joseph)
April 3, 2019 Filing 24 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff James Rutherford.. (Manning, Joseph)
March 29, 2019 Filing 23 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Raymond R Kepner has been assigned to serve as Panel Mediator. (mb)
March 27, 2019 Filing 22 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Arthur K Cunningham has been assigned to serve as Panel Mediator. (mb)
February 21, 2019 Filing 21 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)
February 13, 2019 Filing 20 NOTICE OF INTENT upon filing of the complaint by Judge Cormac J. Carney. Scheduling order to be issued on April 10, 2019. (gga)
February 7, 2019 Filing 19 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Mos Egg House.(Ng, Albert)
February 5, 2019 Filing 18 STATEMENT of ADA Mediation Statement APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, #15 Plaintiff's Case Statement filed by Plaintiff James Rutherford. (Manning, Joseph)
January 24, 2019 Opinion or Order Filing 17 ORDER by Judge Cormac J. Carney: Granting #15 APPLICATION to Stay Case re Early Mediation ADA Disability Access Litigation as to Hilbert Group, LLC. The ADR proceeding is to be completed no later than 4/24/2019. (iv)
January 24, 2019 Filing 16 SCHEDULING NOTICE by Judge Cormac J. Carney: The Court is in receipt of the Application to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by Defendant Herbert Group, LLC #15 ; therefore the request to enter default is denied as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY
January 15, 2019 Filing 15 APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by Defendant Herbert Group, LLC. Application set for hearing on 2/25/2019 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order, #2 Declaration Proof of Service) (Attorney Marc Cohen added to party Herbert Group, LLC(pty:dft)) (Cohen, Marc)
January 15, 2019 Filing 14 REQUEST for Entry of Default against Defendant Herbert Group, LLC filed by Plaintiff James Rutherford. (Attachments: #1 Declaration Re Request for Entry of Default) (Manning, Joseph)
January 15, 2019 Filing 13 STIPULATION Extending Time to Answer the complaint as to Mos Egg House answer now due 2/7/2019, filed by Defendant Mos Egg House. (Attachments: #1 Proposed Order)(Ng, Albert)
January 15, 2019 Filing 12 NOTICE of Interested Parties filed by Defendant Mos Egg House, (Attorney Albert K Ng added to party Mos Egg House(pty:dft))(Ng, Albert)
January 10, 2019 Opinion or Order Filing 11 MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Cormac J. Carney. The Court, on its own motion, hereby ORDERS plaintiff, to show cause in writing no later than, January 15, 2019 at noon, why this action should not be dismissed for lack of prosecution. As an alternative to a written response by plaintiffs, the Court will consider the filing of one of the following, as an appropriate response to this OSC, on or before the above date: Defendant(s) Answer or Plaintiff's Request for Entry of Default as to defendant(s). The Court may dismiss the entire action prior to the expiration of such time, however, if plaintiff has not diligently prosecuted the action. (iv)
January 7, 2019 Filing 10 PROOF OF SERVICE Executed by Plaintiff James Rutherford, upon Defendant Herbert Group, LLC served on 12/18/2018, answer due 1/8/2019. 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)
January 7, 2019 Filing 9 PROOF OF SERVICE Executed by Plaintiff James Rutherford, upon Defendant Mos Egg House served on 12/18/2018, answer due 1/8/2019. in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Manning, Joseph)
November 29, 2018 Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Herbert Group, LLC, and Mos Egg House. (Attachments: #1 Mos Egg House) (jtil)
November 28, 2018 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
November 28, 2018 Filing 6 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Sheri Pym. (jtil)
November 27, 2018 Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff James Rutherford. (Manning, Joseph)
November 27, 2018 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff James Rutherford. (Manning, Joseph)
November 27, 2018 Filing 3 Certificate and NOTICE of Interested Parties filed by plaintiff James Rutherford, (Manning, Joseph)
November 27, 2018 Filing 2 CIVIL COVER SHEET filed by Plaintiff James Rutherford. (Manning, Joseph)
November 27, 2018 Filing 1 COMPLAINT Receipt No: 0973-22803287 - 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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Defendant: DOES 1-10 Inclusive
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Defendant: MOS EGG HOUSE, a business of unknown form
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Defendant: HILBERT GROUP, LLC, a Delaware limited liability company
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Defendant: DOES 1-10, inclusive
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Defendant: Mos Egg House
Represented By: Albert K Ng
Represented By: Brad Lee
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Defendant: Herbert Group, LLC
Represented By: Marc Cohen
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Plaintiff: James Rutherford
Represented By: Joseph Richard Manning, Jr
Represented By: Craig G Cote
Represented By: Michael John Manning
Represented By: Osman M Taher
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Alternative dispute resolution (adr) provider: Arthur K Cunningham
Represented By: Arthur Kenneth Cunningham
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Alternative dispute resolution (adr) provider: Raymond R Kepner
Represented By: Raymond R Kepner
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