Brooke v. Superb Hospitality LLC
| Theresa Brooke |
| Superb Hospitality LLC and Superb Hospitality LLC a California limited liability company Doing business as Fairfield Inn & Suites Selma Kingsburg |
| 1:2020cv00103 |
| January 20, 2020 |
| US District Court for the Eastern District of California |
| Stanley A Boone |
| Anthony W Ishii |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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Filing 43
ORDER ON MOTION TO CONSIDER SUPPLEMENTAL EVIDENCE, ORDER VACATING HEARING, ORDER SETTING NEW BRIEFING SCHEDULE, and ORDER ADMINISTRATIVELY DENYING MOTIONS signed by District Judge Anthony W. Ishii on 5/28/2020. IT IS HEREBY ORDERED Defendant's motion to consider supplemental matters (Doc. No. #41 ) is GRANTED. Defendant's Rule 12/Rule56 motion (Doc. No. #35 ), first supplemental motion (Doc. No. #39 ), and second supplemental motion (Doc. No. #40 ), are ADMINISTRATIVELY DENIED. By 10:00 a.m. on June 2, 2020, Defendant shall file a consolidated Rule 12/Rule 56 motion, Brooke shall file an opposition to the consolidated Rule 12/Rule 56 motion on or by June 22, 2010. Superb shall file a reply to the opposition to the consolidated Rule 12/Rule 56 motion on or by July 2, 2020. The June 22, 2020 hearing on all pending motions is VACATED. Hearing on Brooke's motion for sanctions (Doc. No. #34 ), Superb's motion for sanctions (Doc. No. #42 ) and the consolidated Rule 12/Rule 56 motion is RESET to July 13, 2020 at 1:30 p.m. Oppositions and replies to the two sanctions motions may be filed within the time limits set by Local Rule 230. (Gonzales, V)
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| Filing 42 MOTION for SANCTIONS per FRCP 11 re FAC by Superb Hospitality LLC. Motion Hearing set for 6/22/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration Supplemental Declaration of Ritu Portugal, #3 Declaration of David Peters, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Declaration of Lisa Salisbury, #11 Declaration of Gerald Knapton, #12 Exhibit Knapton Exhibit 1, #13 Exhibit Knapton Exhibit 2, #14 Exhibit Knapton Exhibit 3, #15 Exhibit Knapton Exhibit 4, #16 Exhibit Knapton Exhibit 5, #17 Declaration Supplemental Dec of David Peters, #18 Declaration Supplemental Declaration of David Peters, #19 Proposed Order, #20 Proof of Service)(Peters, David) |
| Filing 41 MOTION to Accept and Consider Supplements at Dkts 39 and 40 re Motion at Dkt. 35 re #39 Motion to Dismiss/Lack of Jurisdiction,,, Motion for Summary Judgment,, #40 Motion to Dismiss/Lack of Jurisdiction,,, Motion for Summary Judgment,, #35 Motion to Dismiss/Lack of Jurisdiction,,, Motion for Summary Judgment,, by Superb Hospitality LLC. Motion Hearing set for 6/22/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Proposed Order)(Peters, David) |
| Filing 40 MOTION to DISMISS for LACK of JURISDICTION Proposed Further Supplement to Motion at Dkt. 35, supplemented at Dkt. 39 ( Motion Hearing set for 6/22/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.), MOTION FOR SUMMARY JUDGMENT by Superb Hospitality LLC. (Attachments: #1 Declaration Second Supplemental Declaration of Ritu Portugal, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H, #6 Exhibit I, #7 Exhibit J, #8 Exhibit K, #9 Declaration Supplemental Declaration of Peters, #10 Proposed Order Proposed OSC)(Peters, David) |
| Filing 39 MOTION to DISMISS for LACK of JURISDICTION (restated and supplemental documents for Dkt. 35 re Dkt. 31) ( Motion Hearing set for 6/22/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.), MOTION FOR SUMMARY JUDGMENT by Superb Hospitality LLC. (Attachments: #1 Memorandum Restated Memorandum of Points and Authorities, #2 Statement Defendant's Separate Statement of Uncontroverted Facts, #3 Declaration of David Peters, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Proposed Order)(Peters, David) |
| Filing 38 OPPOSITION by Theresa Brooke to #35 Motion to Dismiss/Lack of Jurisdiction,,, Motion for Summary Judgment,,. (Attachments: #1 Exhibit)(Strojnik, Peter) |
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Filing 37
MINUTE ORDER: (TEXT ENTRY ONLY) Due to the pending Motion to Dismiss and Sanctions, the Scheduling Conference is continued from 6/23/2020 to 9/28/2020 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. A Joint Scheduling Conference Report is due one week before the new conference date. Signed by Magistrate Judge Stanley A. Boone on 5/6/2020. (Hernandez, M)
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Filing 36
MINUTE ORDER: (TEXT ENTRY ONLY) The MOTION FOR SANCTIONS #34 currently set for 6/8/2020 before District Judge Anthony W. Ishii is RESET for 6/22/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Minute order signed by District Judge Anthony W. Ishii on 5/6/2020. (Gonzales, V)
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| Filing 35 MOTION to DISMISS for LACK of JURISDICTION ( Motion Hearing set for 6/22/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.), MOTION FOR SUMMARY JUDGMENT by Superb Hospitality LLC. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration Exhibit 5 to Dec of Fuentez, #3 Declaration Supplemental Dec of Portugal, #4 Declaration of Bray, #5 Exhibit Bray Exhibit 1, #6 Exhibit Bray Exhibit 2, #7 Exhibit Bray Exhibit 3, #8 Exhibit Bray Exhibit 4, #9 Exhibit Bray Exhibit 5, #10 Exhibit Bray Exhibit 6, #11 Exhibit Bray Exhibit 7, #12 Exhibit Bray Exhibit 8)(Peters, David) |
| Filing 34 MOTION for SANCTIONS 28 U.S.C. 1927 Against Defendant's Counsel by Theresa Brooke. Motion Hearing set for 6/8/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Declaration, #2 Proposed Order)(Strojnik, Peter) |
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Filing 33
ORDER SETTING SCHEDULING CONFERENCE. IT IS HEREBY ORDERED that: A mandatory scheduling conference is set for June 23, 2020, at 11:30 a.m. in Courtroom 9. Signed by Magistrate Judge Stanley A. Boone on 4/22/2020. (Hernandez, M)
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| Filing 32 DECLARATION of Theresa Marie Brooke re #26 Order on Motion to Dismiss,,,,,,, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,, Order on Motion for Summary Judgment,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,, Order on Motion to Strike,,,,,,,,,,,,,,,,,,,,. (Strojnik, Peter) |
| Filing 31 FIRST AMENDED COMPLAINT against Superb Hospitality LLC by Theresa Brooke.(Strojnik, Peter) |
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Filing 30
ORDER DENYING DEFENDANT'S REQUEST FOR LEAVE TO RESPOND TO PLAINTIFF'S COUNSEL'S DECLARATION signed by District Judge Anthony W. Ishii on 4/21/2020. IT IS HEREBY ORDERED that Defendant's request to consider a response to Plaintiff's counsel's declaration (Doc. No. #29 ) is DENIED. (Gonzales, V)
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| Filing 29 RESPONSE by Superb Hospitality LLC to #27 Declaration,. (Peters, David) |
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Filing 28
ORDER REGARDING PLAINTIFF'S COUNSEL RESPONSE TO LOCAL RULE 210(b) ISSUE signed by District Judge Anthony W. Ishii on 4/20/2020. IT IS HEREBY ORDERED Plaintiff's counsel's response to the April 17, 2020 order is SATISFACTORY. No further actions or responses will be requested because the Local Rule 210(b) issue is now RESOLVED. (Gonzales, V)
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| Filing 27 DECLARATION of Peter Kristofer Strojnik re #26 Order on Motion to Dismiss,,,,,,, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,, Order on Motion for Summary Judgment,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,, Order on Motion to Strike,,,,,,,,,,,,,,,,,,,,. (Strojnik, Peter) |
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Filing 26
ORDER ON OBJECTION TO REQUEST FOR ENTRY OF DEFAULT, OBJECTION REGARDING SIGNATURE, MOTION TO DIMISS, MOTION FOR SECURITY, MOTIONS TO STIRKE, AND MOTION FOR RELIEF and ORDER VACATING MAY 6, 2020 AND MAY 11, 2020 HEARING DATES(Doc. Nos. #7 , #8 , #15 , #19 , #21 , #22 , #25 ) signed by District Judge Anthony W. Ishii on 04/17/2020. IT IS HEREBY ORDERED that Defendant's objections to signature (Doc. No. 7) is SUSTAINED. Plaintiff's complaint is STRICKEN pursuant to Local Rule 131(g). Within twenty-one (21) days of service of this order, Plaintiff may file an amended complaint. If Plaintiff fails to file a timely amended complaint, then leave to amend shall be automatically withdrawn and this case will close without further notice. The May 6, 2020 and May 11, 2020 hearing dates in this matter are VACATED. Defendant's Rule 12 motion to dismiss (Doc. No. 8) and motion for security (Doc. No. 19) are DENIED without prejudice as moot. Plaintiff's motion to strike (Doc. No. 21) is DENIED as superseded and moot. Plaintiff's amended motion to strike (Doc. No. 22) is DENIED. Defendant's Rule 60 motion (Doc. No. 25) is DENIED. Within twenty-eight (28) days of service of this order, Plaintiff's counsel shall explain in writing the apparent Local Rule 210 violation in this case, as well as his practices relating to Local Rule 210 in the Eastern District of California, as discussed above. The failure of counsel to timely respond to the Local Rule 210 issue may result in the imposition of sanctions or other orders to ensure compliance with Local Rule 210. (Gonzales, V)
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| Filing 25 MOTION Relief per FRCP 60(b)(1) &(6) re #22 Motion to Strike, #8 Motion to Dismiss,,,, Motion to Dismiss/Lack of Jurisdiction,,,, Motion for Summary Judgment,,, #7 Objections by Superb Hospitality LLC. Motion Hearing set for 5/11/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order)(Peters, David) |
| Filing 24 OBJECTIONS by Defendant Superb Hospitality LLC to #22 MOTION to STRIKE AMENDED MOTION re #8 Motion to Dismiss,,,, Motion to Dismiss/Lack of Jurisdiction,,,, Motion for Summary Judgment,,, #7 Objections, #15 Objections, #19 Motion for Miscellaneous Relief,, #18 Objections., #21 MOTION to STRIKE re #8 Motion to Dismiss,,,, Motion to Dismiss/Lack of Jurisdiction,,,, Motion for Summary Judgment,,, #7 Objections, #15 Objections, #19 Motion for Miscellaneous Relief,, #18 Objections.. (Attachments: #1 Exhibit A)(Peters, David) |
| Filing 23 REPLY by Superb Hospitality LLC re #20 Response. (Attachments: #1 Exhibit A)(Peters, David) |
| Filing 22 MOTION to STRIKE AMENDED MOTION re #8 Motion to Dismiss,,,, Motion to Dismiss/Lack of Jurisdiction,,,, Motion for Summary Judgment,,, #7 Objections, #15 Objections, #19 Motion for Miscellaneous Relief,, #18 Objections. by Theresa Brooke. Motion Hearing set for 5/6/2020 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Strojnik, Peter) |
| Filing 21 MOTION to STRIKE re #8 Motion to Dismiss,,,, Motion to Dismiss/Lack of Jurisdiction,,,, Motion for Summary Judgment,,, #7 Objections, #15 Objections, #19 Motion for Miscellaneous Relief,, #18 Objections. by Theresa Brooke. Motion Hearing set for 5/6/2020 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Strojnik, Peter) |
| Filing 20 RESPONSE by Theresa Brooke to #18 Objections. (Attachments: #1 Exhibit, #2 Exhibit)(Strojnik, Peter) |
| Filing 19 MOTION Security against costs per LR 151, OSC and Evidentiary Hearing by Superb Hospitality LLC. Motion Hearing set for 5/11/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Proposed Order)(Peters, David) |
| Filing 18 OBJECTIONS by Defendant Superb Hospitality LLC to #16 Notice of Settlement. (Peters, David) |
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Filing 17
ORDER REQUIRING PLAINTIFF TO FILE DISPOSITIONAL DOCUMENTS. Accordingly, it is HEREBY ORDERED that: All pending matters and dates are VACATED; and Plaintiff shall file dispositional documents on or before March 31, 2020.Signed by Magistrate Judge Stanley A. Boone on 3/11/2020. (Hernandez, M)
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| Filing 16 NOTICE of SETTLEMENT by Theresa Brooke. Dispositional Docs due by 4/3/2020. (Strojnik, Peter) |
| Filing 15 OBJECTIONS by Defendant Superb Hospitality LLC to #5 Request for Entry of Default, #4 Summons Returned Executed. (Peters, David) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT by Defendant Superb Hospitality LLC. (Peters, David) |
| Filing 13 NOTICE of RELATED CASE(S) 1:20-cv-00098-DAD-SKO, 1:20-cv-00100-AWI-SKO, 1:20-cv-00101-LJO-SKO, 1:20-cv-00102-AWI-SAB, 1:20-cv-00105-NONE-JLT, 1:20-cv-00107-NONE-JLT, 1:20-cv-00108-DAD-JLT by Superb Hospitality LLC. (Peters, David) |
| Filing 12 PROPOSED ORDER re Request to Strike Complaint per LR 131(g), filed at Dkt. 7 re #7 Objections by Superb Hospitality LLC. (Peters, David) |
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Filing 11
ORDER SETTING ASIDE DEFAULT OF DEFENDANT SUPERB HOSPITALITY. Pursuant to the stipulation of the parties, the Clerks entry of default against Defendant Superb Hospitality LLC is HEREBY ORDERED SET ASIDE. Signed by Magistrate Judge Stanley A. Boone on 3/2/2020. (Hernandez, M)
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| Filing 10 STIPULATION and PROPOSED ORDER for Setting Aside Clerk's Entry of Default re #5 Request for Entry of Default, #6 Clerk's Entry of Default by Superb Hospitality LLC. (Peters, David) |
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Filing 9
ORDER CONTINUING SCHEDULING CONFERENCE. IT IS HEREBY ORDERED that: Defendant shall file a motion to set aside the entry of default on or before March 6, 2020; The scheduling conference set for April 28, 2020 is CONTINUED to August 11, 2020, at 10:30 a.m. in Courtroom 9; and The parties shall file a joint scheduling report seven (7) days prior to the continued scheduling conference date. Signed by Magistrate Judge Stanley A. Boone on 2/19/2020. (Hernandez, M)
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| Filing 8 MOTION to DISMISS, MOTION to DISMISS for LACK of JURISDICTION , to Decline Supplemental Jurisdiction over Plaintiff's State Law Claims per 28 USC 1367, and to join real party in interest per FRCP 12(b)(7) and FRCP 17(a) and 19(a). ( Motion Hearing set for 4/6/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.), MOTION FOR SUMMARY JUDGMENT by Superb Hospitality LLC. (Attachments: #1 Memorandum of Points and Authorities, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Declaration of Fuentez, #8 Exhibit Fuentez Exhibit 1, #9 Exhibit Fuentez Exhibit 2, #10 Exhibit Fuentez Exhibit 3, #11 Exhibit Fuentez Exhibit 5, #12 Exhibit Fuentez Exhibit 6, #13 Exhibit Fuentez Exhibit 7, #14 Exhibit Fuentez Exhibit 8, #15 Exhibit Fuentez Exhibit 9, #16 Declaration of Portugal, #17 Exhibit Portugal Exhibit 1, #18 Exhibit Portugal Exhibit 2)(Peters, David) |
| Filing 7 OBJECTIONS by Defendant Superb Hospitality LLC to #1 Complaint. Attorney Peters, David Warren added. (Attachments: #1 Exhibit A)(Peters, David) |
| Filing 6 CLERK'S ENTRY OF DEFAULT as to *Superb Hospitality LLC* (Sant Agata, S) |
| Filing 5 REQUEST FOR ENTRY OF DEFAULT as to Superb Hospitality LLC by Theresa Brooke. (Attachments: #1 Declaration)(Strojnik, Peter) |
| Filing 4 SUMMONS RETURNED EXECUTED: Superb Hospitality LLC served on 1/24/2020, answer due 2/14/2020. (Strojnik, Peter) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 4/28/2020 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Order re Consent, #2 VDRP) (Rivera, O) |
| Filing 2 SUMMONS ISSUED as to *Superb Hospitality LLC* with answer to complaint due within *21* days. Attorney *Peter Kristofer Strojnik* *The Strojnik Firm LLC* *Esplanade Center III, 2415 East Camelback Road, Suite 700* *Phoenix, AZ 85016*. (Rivera, O) |
| Filing 1 COMPLAINT against Superb Hospitality LLC by Theresa Brooke. Attorney Strojnik, Peter Kristofer added. (Filing fee $ 400, receipt number 0972-8679372) (Attachments: #1 Civil Cover Sheet)(Strojnik, Peter) |
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