James Rutherford et al v. Tijuana Tacos et al
| James Rutherford and The Association 4 Equal Access |
| Does 1-10, Inclusive,, TIJUANA TACOS, a business of unknown form, Cruz Lopez, DOES 1-10, inclusive, Hector Erami, Tijuana Tacos and Hector Erami doing business as Tijuana Tacos |
| 5:2019cv00222 |
| February 4, 2019 |
| US District Court for the Central District of California |
| Shashi H Kewalramani |
| Manuel L Real |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 7, 2019. A more recent docket listing may be available from PACER.
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| Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Summons Request #29 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service of Summons and Complaint Returned Executed (21 days). The filer used the event, Summons Request, for docketing this filing. It appears that the Proof of Service was re-filed as document number 30. 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. (gk) |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff James Rutherford, The Association 4 Equal Access, upon Defendant Cruz Lopez served on 7/30/2019, answer due 8/20/2019. in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Hashemi, Babak) |
| Filing 29 Request for Clerk to Issue Summons on Amended Complaint/Petition #15 filed by Plaintiffs James Rutherford, The Association 4 Equal Access. (Hashemi, Babak) |
| Filing 28 PROOF OF SERVICE Executed by Plaintiff James Rutherford, The Association 4 Equal Access, upon Defendant Hector Erami served on 5/8/2019, answer due 6/26/2019. Service of the Summons and Complaint were executed upon Hector Erami- Doing business as Tijuana tacos a business of unknown form in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. AMENDED POS re First Amended Complaint (Hashemi, Babak) |
| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response #26 . The following error(s) was/were found: Plaintiffs seek additional time to make proper service. Proposed order not submitted pursuant to Local Rule 52-4.1. 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. (gk) |
| Filing 26 RESPONSE filed by Plaintiffs James Rutherford, The Association 4 Equal Accessto Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #22 (Hashemi, Babak) |
| Filing 25 NOTICE OF ERRATA filed by Plaintiffs James Rutherford, The Association 4 Equal Access. correcting REQUEST for Entry of Default against Defendants Hector Erami, Cruz Lopez, Tijuana Tacos #23 (Hashemi, Babak) |
| Filing 24 NOTICE OF DEFICIENCY Re: Request for Entry of Default #23 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. The document description or caption reads, "Request for Entry of Default Against Defendant Royal Panda Restaurant." There is no such defendant in this case. The body of the Request seeks default as to Defendants Hector Erami doing business as Tijuana Tacos and Cruz Lopez. Page 1 of the Proof of Service of Summons and First Amended Complaint as to Hector Lopez doing business as Tijuana Tacos reflects substituted service on 6/5/2019 and a subsequent mail service on 5/8/2019, however on page 2, it is signed by the process server on 5/9/2019; also, the attached Declaration of Due Diligence has a service date of 25/5/2019 on the upper portion, and a date of 55/5/2019 on the lower portion of the due diligence form. Lastly, there is no Proof of Service of the First Amended Complaint as to Cruz Lopez. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (gk) |
| Filing 23 REQUEST for Entry of Default against Defendants Hector Erami, Cruz Lopez, Tijuana Tacos filed by Plaintiffs James Rutherford, The Association 4 Equal Access. (Attachments: #1 Declaration) (Hashemi, Babak) |
Filing 22
MINUTES (IN CHAMBERS) Order to Show Cause re Dismissal for Lack of Prosecution by Judge R. Gary Klausner: The court, on its own motion, orders plaintiff(s) to show cause in writing on or before 7/25/2019 why this action should not be dismissed for lack of prosecution. The Order to Show Cause will stand submitted upon the filing of: Proof of timely service of summons and complaint on defendant(s); A timely answer by defendant(s); Plaintiff's application for entry of default pursuant to Rule 55a of the Federal Rules of Civil Procedure as to defendant(s); Plaintiff's motion for default judgment pursuant to Rule 55b of the Federal Rules of Civil Procedure as to defendant(s); on or before the date indicated above, the court will consider this a satisfactory response to the Order to Show Cause. If a satisfactory response is not filed by the date listed above, the matter will be dismissed for lack of prosecution. Court Reporter: N/A. (gk)
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| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Summons Request #19 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service of Summons and Complaint Returned Executed (21 days). The filer used the event, Summons Request, for docketing this filing. 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. (gk) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff James Rutherford, The Association 4 Equal Access, upon Defendant Hector Erami served on 6/5/2019, answer due 6/26/2019. in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Hashemi, Babak) |
| Filing 19 Request for Clerk to Issue Summons on Amended Complaint/Petition #15 filed by Plaintiffs James Rutherford, The Association 4 Equal Access. (Hashemi, Babak) |
| Filing 18 21-Day Summons Issued re First Amended Complaint #15 as to Defendant Hector Erami doing business as Tijuana Tacos, a business of unknown form. (gk) |
| Filing 17 NOTICE of Change of Attorney Business or Contact Information: for attorney Babak Hashemi counsel for Plaintiffs James Rutherford, The Association 4 Equal Access. Changing Address to 20062 SW Birch St., Suite 200 Newport Beach CA 92660. Filed by Plaintiffs James Rutherford and the Association for Equal Access. (Hashemi, Babak) |
| Filing 16 Request for Clerk to Issue Summons on Amended Complaint/Petition #15 filed by Plaintiff James Rutherford, The Association 4 Equal Access. (Hashemi, Babak) |
| Filing 15 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by James Rutherford James Rutherford, The Association 4 Equal Access(Hashemi, Babak) |
| Filing 14 PROOF OF SERVICE filed by Plaintiff James Rutherford, The Association 4 Equal Access, re Notice to Parties ADA Disability Access Litigation (ADR-20) #11 served on 3/13/2019. (Hashemi, Babak) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff James Rutherford, upon Defendant Tijuana Tacos served on 2/25/2019, answer due 3/18/2019. in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons NOT returned. (Hashemi, Babak) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff James Rutherford, upon Defendant Cruz Lopez served on 2/25/2019, answer due 3/18/2019. in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Hashemi, Babak) |
| Filing 11 Notice to Parties: ADA Disability Access Litigation. (cch) |
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Filing 10
ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (cch)
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Filing 9
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 16-05. Case randomly reassigned from Judge Christina A. Snyder to Judge Manuel L. Real for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:19-cv-00222 R(SHKx). (rn)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Cruz Lopez and Tijuana Tacos. (Attachments: #1 Tijuana Tacos) (jtil) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Shashi H. Kewalramani. (jtil) |
| 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 All Plaintiffs, (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: 0973-23152159 - Fee: $400, filed by Plaintiffs James Rutherford. (Attorney Babak Hashemi added to party James Rutherford(pty:pla))(Hashemi, Babak) |
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