Whitaker v. Vons SJ LLC
Plaintiff: Brian Whitaker
Defendant: Vons SJ LLC
Case Number: 3:2021cv09305
Filed: December 2, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Charles R Breyer
Referring Judge: Virginia K DeMarchi
Nature of Suit: American with Disabilities - Other
Cause of Action: 42 U.S.C. ยง 12101
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 7, 2022 Filing 19 ANSWER to Complaint and Affirmative Defenses byVons SJ LLC. (Koller, Benedict) (Filed on 1/7/2022)
January 7, 2022 Filing 18 Clerk's Notice ENTRY OF DEFAULT as to Vons SJ LLC (Related documents(s) #17 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (ark, COURT STAFF) (Filed on 1/7/2022)
January 6, 2022 Filing 17 MOTION for Entry of Default As to Vons SJ LLC, a California Limited Liability Company only filed by Brian Whitaker. (Attachments: #1 Declaration, #2 Certificate/Proof of Service)(Best, Zachary) (Filed on 1/6/2022)
January 6, 2022 Filing 16 NOTICE of Appearance by Zachary Manning Best (Attachments: #1 Certificate/Proof of Service)(Best, Zachary) (Filed on 1/6/2022)
January 3, 2022 Filing 15 SUMMONS Returned Executed by Brian Whitaker. Vons SJ LLC served on 12/14/2021, answer due 1/4/2022. (Seabock, Amanda) (Filed on 1/3/2022)
December 8, 2021 Filing 14 CLERK'S NOTICE: A Joint Case Management Statement due by 6/3/2022. Initial Case Management Conference set for 6/10/2022 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 12/8/2021)
December 7, 2021 Filing 13 Case reassigned to Judge Charles R. Breyer. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording) (bw, COURT STAFF) (Filed on 12/7/2021)
December 7, 2021 Filing 12 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bw, COURT STAFF) (Filed on 12/7/2021)
December 6, 2021 Filing 11 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 12/6/2021)
December 5, 2021 Filing 10 NOTICE by Brian Whitaker for Association of Counsel (Zimmermann, Josie) (Filed on 12/5/2021)
December 5, 2021 Filing 9 NOTICE of Appearance by Aaina Duggal (Duggal, Aaina) (Filed on 12/5/2021)
December 3, 2021 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Brian Whitaker.. (Seabock, Amanda) (Filed on 12/3/2021)
December 2, 2021 Filing 7 Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (kmg, COURT STAFF) (Filed on 12/2/2021)
December 2, 2021 Filing 6 ***FILED IN ERROR*** - SEE DKT. #7 Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (kmg, COURT STAFF)
December 2, 2021 Filing 5 Summons Issued as to Vons SJ LLC. (kmg, COURT STAFF) (Filed on 12/2/2021)
December 2, 2021 Filing 4 Case assigned to Magistrate Judge Virginia K. DeMarchi. 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 12/16/2021. (as, COURT STAFF) (Filed on 12/2/2021)
December 2, 2021 Filing 3 Proposed Summons. (Seabock, Amanda) (Filed on 12/2/2021)
December 2, 2021 Filing 2 Certificate of Interested Entities by Brian Whitaker re #1 Complaint (Seabock, Amanda) (Filed on 12/2/2021)
December 2, 2021 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-16679509.). Filed by Brian Whitaker. (Attachments: #1 Civil Cover Sheet)(Seabock, Amanda) (Filed on 12/2/2021) Modified on 12/2/2021 (kmg, COURT STAFF).

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Plaintiff: Brian Whitaker
Represented By: Amanda Lockhart Seabock
Represented By: Dennis Jay Price, II
Represented By: Prathima Reddy Price
Represented By: Aaina Duggal
Represented By: Josie Sue Zimmermann
Represented By: Zachary Manning Best
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Defendant: Vons SJ LLC
Represented By: Benedict Joseph Koller
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