Whitaker v. Lucky Opco LLC
Brian Whitaker |
Lucky Opco LLC |
3:2021cv02692 |
April 15, 2021 |
US District Court for the Northern District of California |
Charles R Breyer |
Joseph C Spero |
American with Disabilities - Other |
42 U.S.C. § 12101 Americans w/ Disabilities Act (ADA) |
None |
Docket Report
This docket was last retrieved on March 14, 2022. A more recent docket listing may be available from PACER.
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Filing 31 STIPULATION for dismissal Pursuant to F.R.CIV.P. 41 (a)(1)(A)(ii) jointly filed by Brian Whitaker and Lucky Opco LLC. (Attachments: #1 Certificate/Proof of Service)(Seabock, Amanda) (Filed on 3/14/2022) Modified on 3/14/2022 (anj, COURT STAFF). |
Filing 30 ORDER - Re #29 Notice of Settlement (Other) filed by Brian Whitaker. Signed by Judge Charles R. Breyer on 2/7/2022. (ls, COURT STAFF) (Filed on 2/7/2022) |
Filing 29 NOTICE by Brian Whitaker for settlement and Request to vacate all currently set dates (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Seabock, Amanda) (Filed on 2/4/2022) |
Filing 28 STIPULATION AND ORDER To Extend Site Inspection Deadline by Judge Charles R. Breyer: Granting #26 Stipulation. (ls, COURT STAFF) (Filed on 11/30/2021) |
Filing 27 CLERK'S NOTICE: A Joint Case Management Statement due by 5/6/2022. Initial Case Management Conference set for 5/13/2022 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. If this action seeks accommodation or other relief, including attorney fees,pursuant to Title III of the Americans with Disabilities Act, 42 USC 12191-89, the court directs, pursuant to FRCP 16, the following:a. Each plaintiff shall, pursuant to FRCP 4 (m), forthwith completeservice on any unserved defendant;b. Discovery, except for initial disclosures required by FRCP 26 (a), andall other proceedings are STAYED;c. If not previously done, each plaintiff shall forthwith serve upon eachdefendant a demand for accommodation and statement of attorney feesincurred to date (42 USC 12205; Hensly v Eckerhart, 461 US 424,429-30, 433-37 (1983));d. Each defendant shall, no later than the date for the conference of theparties specified above, serve a response to the demand foraccommodation;e. The joint case management statement shall contain, in addition to theinformation called for by FRCP 26 (f), the information set forth inparagraphs c and d. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 11/30/2021) Modified on 11/30/2021 (ls, COURT STAFF). |
Filing 26 STIPULATION WITH PROPOSED ORDER To Extend Site Inspection Deadline filed by Brian Whitaker and Lucky Opco LLC. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Townsend, Cara) (Filed on 11/30/2021) Modified on 12/1/2021 (anj, COURT STAFF). |
Filing 25 NOTICE of Appearance by Cara Patricia Townsend (Attachments: #1 Certificate/Proof of Service)(Townsend, Cara) (Filed on 11/30/2021) |
Set Deadlines/Hearings: Case Management Statement due by 5/6/2022. Initial Case Management Conference set for 5/13/2022 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (ls, COURT STAFF) (Filed on 11/30/2021) |
Filing 24 Certificate of Interested Entities by Lucky Opco LLC identifying Corporate Parent SPARC Group LLC for Lucky Opco LLC. (Gholian, Janella) (Filed on 10/1/2021) |
Filing 23 ANSWER to Complaint by Lucky Opco LLC. (Gholian, Janella) (Filed on 10/1/2021) Modified on 10/4/2021 (anjS, COURT STAFF). |
Filing 22 SIPULATION AND ORDER TO SET ASIDE DEFAULT AGAINST DEFENDANT LUCKY OPCO LLC by Judge Charles R. Breyer: Granting #21 Stipulation. (lsS, COURT STAFF) (Filed on 9/27/2021) |
Filing 21 STIPULATION WITH PROPOSED ORDER to Set Aside Default Against Defendant Lucky Opco LLC (F.R.C.P. 55) filed by Lucky Opco LLC. and Brian Whitaker. (Attachments: #1 Proposed Order)(Gholian, Janella) (Filed on 9/24/2021) Modified on 9/27/2021 (anjS, COURT STAFF). |
Filing 20 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 09/15/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 9/15/2021) |
Filing 19 ORDER REASSIGNING CASE. Signed by Chief Magistrate Judge Joseph C. Spero on 9/15/2021. (klhS, COURT STAFF) (Filed on 9/15/2021) |
Filing 18 ORDER REGARDING #17 SUA SPONTE REFERRAL TO DETERMINE WHETHER CASES ARE RELATED. Signed by Judge Beth Labson Freeman on 9/14/2021. (blflc2S, COURT STAFF) (Filed on 9/14/2021) |
Filing 17 Sua sponte referral to determine whether case number 21-cv-02692is related to case number 21-cv-00903. Plaintiff's optional response due September 13, 2021. Signed by Chief Magistrate Judge Joseph C. Spero on September 7, 2021. (jcslc2S, COURT STAFF) (Filed on 9/7/2021) |
Filing 16 REPORT AND RECOMMENDATIONS regarding denial of #12 Motion for Default Judgment and dismissal of #1 Complaint. Objections due by September 21, 2021. Signed by Chief Magistrate Judge Joseph C. Spero on September 7, 2021. (jcslc2S, COURT STAFF) (Filed on 9/7/2021) |
Filing 15 ORDER TO SHOW CAUSE why #12 Motion for Default Judgment should not be denied. Declaration due August 30, 2021. Signed by Chief Magistrate Judge Joseph C. Spero on August 25, 2021. (jcslc2S, COURT STAFF) (Filed on 8/25/2021) |
Filing 14 Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Motion Hearing held on 8/13/2021 re #12 MOTION for Default Judgment by the Court as to Lucky Opco LLC filed by Brian Whitaker. Supplemental declaration due 8/20/2021. Total Time in Court: 5 M. Court Reporter: Ruth Ekhaus Levine. Plaintiff Attorney: Robert Doyle. Defendant Attorney: No Appearance. (klhS, COURT STAFF) (Date Filed: 8/13/2021) |
Filing 13 CLERKS NOTICE SETTING ZOOM HEARING. The Hearing on the Motion for Default Judgment by the Court #12 will be held by Zoom Videoconference. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (Related documents(s) #12 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 8/12/2021) |
Filing 12 MOTION for Default Judgment by the Court as to Lucky Opco LLC filed by Brian Whitaker. Motion Hearing set for 8/13/2021 09:30 AM before Magistrate Judge Joseph C. Spero. Responses due by 7/28/2021. Replies due by 8/4/2021. (Attachments: #1 PNA, #2 Index and Exhibit List, #3 EXHIBIT 1, #4 EXHIBIT 2, #5 EXHIBIT 3, #6 EXHIBIT 4, #7 EXHIBIT 5, #8 EXHIBIT 6, #9 EXHIBIT 7, #10 EXHIBIT 8, #11 EXHIBIT 9, #12 Proposed Order, #13 Certificate/Proof of Service)(Gutierrez, Faythe) (Filed on 7/14/2021) |
Filing 11 Clerk's Notice: DEFAULT ENTERED as to Lucky Opco LLC. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #10 )(slhS, COURT STAFF) (Filed on 5/19/2021) |
Filing 10 MOTION for Entry of Default As to Lucky Opco LLC, a Delaware Limited Liability Company filed by Brian Whitaker. (Attachments: #1 Declaration, #2 Certificate/Proof of Service)(Gutierrez, Faythe) (Filed on 5/17/2021) |
Filing 9 NOTICE of Appearance by Faythe E. Gutierrez (Attachments: #1 Certificate/Proof of Service)(Gutierrez, Faythe) (Filed on 5/17/2021) |
Filing 8 SUMMONS Returned Executed by Brian Whitaker. Lucky Opco LLC served on 4/23/2021, answer due 5/14/2021. (Seabock, Amanda) (Filed on 4/28/2021) |
Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Brian Whitaker.. (Seabock, Amanda) (Filed on 4/19/2021) |
Filing 6 Summons Issued as to Lucky Opco LLC. (slhS, COURT STAFF) (Filed on 4/16/2021) |
Filing 5 Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (slhS, COURT STAFF) (Filed on 4/16/2021) |
Filing 4 Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/29/2021. (anjS, COURT STAFF) (Filed on 4/15/2021) |
Filing 3 Proposed Summons. (Seabock, Amanda) (Filed on 4/15/2021) |
Filing 2 Certificate of Interested Entities by Brian Whitaker re #1 Complaint (Seabock, Amanda) (Filed on 4/15/2021) |
Filing 1 COMPLAINT against Lucky Opco LLC (Filing fee $ 402, receipt number 0971-15840181). Filed by Brian Whitaker. (Attachments: #1 Civil Cover Sheet)(Seabock, Amanda) (Filed on 4/15/2021) Modified on 4/16/2021 (slhS, COURT STAFF). |
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