James Rutherford v. Katella-Knott Shopping Center, LLC et al
| James Rutherford |
| Does 1-10 Inclusive and Katella-Knott Shopping Center, LLC |
| 8:2020cv01866 |
| September 28, 2020 |
| US District Court for the Central District of California |
| Autumn D Spaeth |
| Otis D Wright |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 25, 2020. A more recent docket listing may be available from PACER.
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Filing 18
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Pursuant to the Notice of Voluntary Dismissal #17 and Federal Rule of Civil Procedure 4l (a)(l ):IT IS HEREBY ORDERED that: 1. The entire action and all claims asserted therein are hereby DISMISSED WITH PREJUDICE; 2. Each party shall bear his/her/its own costs and attorneys' expenses; and 3. All dates and deadlines in this action are VACATED and taken off calendar. The Clerk of the Court shall close this case. (Made JS-6. Case Terminated.) (lc)
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| Filing 17 NOTICE of Voluntary Dismissal filed by Plaintiff James Rutherford. Dismissal is With Prejudice. (Manning, Joseph) |
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Filing 16
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff is ordered to show cause in writing no later than November 23, 2020, why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date: Plaintiff's request for entry of default as to Defendants. Answer by the defendant(s). In the event both documents are filed before the above date, the answer will take precedence.Failure to respond to the Court;s Order shall result in the dismissal of the action. (lc)
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| Filing 15 PROOF OF SERVICE Executed by Plaintiff James Rutherford, upon Defendant Katella-Knott Shopping Center, LLC served on 10/24/2020, answer due 11/16/2020. 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) |
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Filing 14
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court has reviewed the Response filed by Plaintiff and Plaintiffs counsel to the Courts Order to Show Cause. The Court, in its discretion, declines to exercise supplemental jurisdiction over Plaintiffs Unruh Act and any other construction-related accessibility claim. The Court therefore dismisses any such claims without prejudice. (lc)
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| Filing 13 RESPONSE filed by Plaintiff James Rutherfordto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #12 (Attachments: #1 Declaration of JRM, #2 Declaration of Rutherford)(Manning, Joseph) |
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Filing 12
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court therefore ORDERS Plaintiff to SHOW CAUSE in writing why the Court should exercise supplemental jurisdiction over the Unruh Act claim and any other state law claim asserted in the Complaint. Plaintiff shall file a Response to this Order to Show Cause by no later than October 15, 2020. Failure to timely or adequately respond to this Order to Show Cause may, without further warning, result in the dismissal of the entire action without prejudice or the Court declining to exercise supplemental jurisdiction over the Unruh Act and other state law claims, if any, and the dismissal of that claim pursuant to 28 USC 1367(c). (lc)
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Filing 11
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER REGARDING PROSECUTION OF CERTAIN CASES UNDER THE AMERICANS WITH DISABILITIES ACT. The Court finds that there is good cause to institute a limited scheduling order concerning basic case prosecution for cases under the Americans With Disabilities Act involving physical barriers in places of public accommodation. (SEE DOCUMENT FOR SPECIFIC ENUMERATED REQUIREMENTS AND DEADLINES THEREIN). The failure to comply with this Order in a particular case will result in a sanction of $300.00 payable to the clerk of the court within two weeks of Plaintiff being given notice of noncompliance and dismissal for lack of prosecution. The Court finds these sanctions sufficient and necessary to deter violations of the Order and to achieve timely prosecution of these cases without unnecessary intervention by the Court. (lc)
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| Filing 10 Notice to Parties: ADA Disability Access Litigation. (lc) |
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Filing 9
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. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Katella-Knott Shopping Center, LLC. (car) |
| Filing 7 Notice to counsel re consent to proceed before a United States Magistrate Judge Southern Division Blackout Case. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Autumn D. Spaeth. (car) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff JAMES RUTHERFORD, an individual. (Manning, Joseph) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff JAMES RUTHERFORD, an individual. (Manning, Joseph) |
| Filing 2 Certification and NOTICE of Interested Parties filed by plaintiff JAMES RUTHERFORD, an individual, (Manning, Joseph) |
| Filing 1 COMPLAINT Receipt No: ACACDC-28278650 - Fee: $400, filed by plaintiff JAMES RUTHERFORD, an individual. (Attorney Joseph Richard Manning, Jr added to party JAMES RUTHERFORD, an individual(pty:pla))(Manning, Joseph) |
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