Hopson v. Landeros Sports Bar and Grill, Inc. et al
| Cynthia Hopson |
| Landeros Sports Bar and Grill, Inc., Freeport Marina, Inc. and Landeros Sports Bar and Grill, Inc. Doing business as Freeport Bar and Grill |
| 2:2019cv00210 |
| February 3, 2019 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Morrison C England |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 Americans with Disabilities Act |
| None |
Docket Report
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| Filing 24 CLERK'S NOTICE (text only); Pursuant to the Parties #23 Stipulation of Dismissal, and pursuant to FRCP 41(a)(1)(A)(ii), this action is DISMISSED with prejudice in its entirety. The parties shall bear their own costs and Attorney fees in connection with the lawsuit and the negotiation and preparation of any agreement entered into by such parties. CASE CLOSED. (Mena-Sanchez, L) |
| Filing 23 STIPULATION of DISMISSAL with Prejudice by Cynthia Hopson. (Malakauskas, Daniel) |
| Filing 22 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: Pursuant to the representation by counsel, the Court determined this case is settled. In accordance with the provisions of Local Rule 160, counsel is to file dispositional documents or a status report on or before 2/12/2021. Failure to comply with this order may be grounds for the imposition of sanctions on any and all counsel as well as any party or parties who cause non-compliance with this order. Accordingly, all due dates and hearings set forth in this matter are VACATED. (Deutsch, S) |
| Filing 21 NOTICE of SETTLEMENT by Cynthia Hopson. Dispositional Docs due by 2/8/2021. (Malakauskas, Daniel) Modified on 11/12/2020 (Huang, H). |
| Filing 20 REPLY by Cynthia Hopson re #19 Response to Order to Show Cause. (Malakauskas, Daniel) |
| Filing 19 RESPONSE to ORDER to SHOW CAUSE (ECF No. 17) by Freeport Marina, Inc., Landeros Sports Bar and Grill, Inc.. (Singh, Shalend) Modified on 8/11/2020 (Kastilahn, A). |
| Filing 18 NOTICE of APPEARANCE by Nolan William Kessler on behalf of Freeport Marina, Inc., Landeros Sports Bar and Grill, Inc.. Attorney Kessler, Nolan William added. (Kessler, Nolan) |
| Filing 17 MINUTE ORDER (Text Only) issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 08/04/2020: On March 16, 2020, the district judge assigned to this case directed the parties to schedule a settlement conference before the magistrate judge. ECF No. 13 . The parties failed to do so. On May 29, 2020, the district judge issued an order to show cause as to why the terminating sanctions should not issue. ECF No. 14 . On June 15, 2020, counsel for plaintiff filed a response, setting forth his efforts to resolve the matter informally; his declaration reveals repeated instances of non-responsiveness by defense counsel. ECF No. #15 . No response was filed by the defendants. On July 8, 2020, the district judge discharged the order to show cause and directed the parties to schedule a settlement conference before the magistrate judge. ECF No. 16 . Again, however, the parties have failed to follow the court's instructions and have failed to schedule the settlement conference. Again, it appears that defense counsel is unresponsive, both to plaintiff's counsel and to the magistrate judge's courtroom deputy. Therefore, defense counsel is ORDERED TO SHOW CAUSE, within 14 days of today's date, why he should not be sanctioned $250 for failure to follow the court's instructions. IT IS SO ORDERED. (Streeter, J) |
| Filing 16 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: After review of the Response to Order to Show Cause (OSC) and on the Court's own motion, the OSC is stricken and the case is referred to Magistrate Judge Carolyn K. Delaney to set a settlement conference at her convenience. (Deutsch, S) |
| Filing 15 RESPONSE to 14 ORDER to SHOW CAUSE by Cynthia Hopson. (Malakauskas, Daniel) |
| Filing 14 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: Pursuant to ECF No. 13 , the parties were ordered to contact Magistrate Judge Carolyn Delaney's courtroom deputy not later than 3/23/2020 for the scheduling of a settlement conference. To date, counsel has failed to do so. Counsel is ordered to show cause, in writing, not later than 5/22/2020 why, including terminating sanctions, should not be imposed for failure to comply with this Court's Order. (Deutsch, S) |
| Filing 13 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: After review of the parties' Joint Status Report, the parties are directed to contact Magistrate Judge Carolyn Delaneys courtroom deputy for the scheduling of a Settlement Conference. The assigned magistrate judge will issue a scheduling order for the Settlement Conference, and counsel is instructed to have a principal with full settlement authority present at the Settlement Conference or to be fully authorized to settle the matter on any terms. The parties are ordered to file a joint status report not later than seven (7) days after the conclusion of the Settlement Conference. (Deutsch, S) |
| Filing 12 JOINT STATUS REPORT by Cynthia Hopson. (Malakauskas, Daniel) |
| Filing 11 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: After review of the docket, the parties are ordered to file a Joint Status Report not later than ten (10) days from the date of this Order. The parties are to set forth in their Joint Status Report, the appropriateness of special procedures, whether this case is related to any other case(s) on file in the Eastern District of California, the prospect for settlement, their estimated trial length, any request for a jury, and their availability for trial. Failure to timely comply with this Order will result in the imposition of sanctions, up to and including terminating sanctions, upon no further notice to the parties. (Deutsch, S) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT by Defendants Freeport Marina, Inc., Landeros Sports Bar and Grill, Inc.. (Singh, Shalend) |
Filing 9
ORDER signed by District Judge Morrison C. England, Jr. on 4/30/2019 DENYING without prejudice as MOOT #4 Motion to Dismiss Complaint. Plaintiff has since filed an amended complaint. (York, M)
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| Filing 8 REPLY by Freeport Marina, Inc., Landeros Sports Bar and Grill, Inc. re #4 Motion to Dismiss. Attorney Fisher, Kendall Carolyn added. (Fisher, Kendall) |
| Filing 7 OPPOSITION by Cynthia Hopson to #4 Motion to Dismiss. (Attachments: #1 Memorandum, #2 Declaration Hopson, #3 Declaration Malakauskas, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C)(Malakauskas, Daniel) |
| Filing 6 FIRST AMENDED COMPLAINT against All Defendants by Cynthia Hopson.(Malakauskas, Daniel) |
| Filing 5 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the May 2, 2019 hearing on the Motion to Dismiss for Lack of Jurisdiction #4 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
| Filing 4 MOTION to DISMISS for Lack of Jurisdiction by Freeport Marina, Inc., Landeros Sports Bar and Grill, Inc. Attorney Singh, Shalend Shane added. Motion Hearing set for 5/2/2019 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: #1 Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Proposed Order)(Singh, Shalend) Modified on 3/27/2019 (Huang, H). |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Washington, S) |
| Filing 2 SUMMONS ISSUED as to *Freeport Marina, Inc., Landeros Sports Bar and Grill, Inc.* with answer to complaint due within *21* days. Attorney *Daniel Joseph Malakauskas* *Malakauskas Law Firm* *7345 South Durango Drive Suite B-107-240* *Las Vegas, NV 89113*. (Washington, S) |
| Filing 1 COMPLAINT against All Defendants by Cynthia Hopson. (Filing fee $ 400, receipt number 0972-8091793) (Attachments: #1 Civil Cover Sheet)(Malakauskas, Daniel) |
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