Garcia v. Pena et al
Plaintiff: Orlando Garcia
Defendant: Martin Pena and Sara Pena
Case Number: 3:2022cv00158
Filed: January 10, 2022
Court: US District Court for the Northern District of California
Presiding Judge: Charles R Breyer
Nature of Suit: American with Disabilities - Other
Cause of Action: 42 U.S.C. ยง 12101 Americans w/ Disabilities Act (ADA)
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 28, 2022 Filing 14 MOTION to Dismiss for Lack of Jurisdiction filed by Martin Pena, Sara Pena. Motion Hearing set for 4/22/2022 10:00 AM before Judge Charles R. Breyer. Responses due by 3/14/2022. Replies due by 3/21/2022. (Attachments: #1 Declaration, #2 Declaration)(Mac Bride, Richard) (Filed on 2/28/2022)
February 18, 2022 Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Martin Pena, Sara Pena.. (Mac Bride, Richard) (Filed on 2/18/2022)
February 18, 2022 Filing 12 ANSWER to Complaint byMartin Pena, Sara Pena. (Mac Bride, Richard) (Filed on 2/18/2022)
January 13, 2022 Filing 11 CLERK'S NOTICE: A Joint Case Management Statement due by 7/8/2022. Initial Case Management Conference set for 7/15/2022 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 1/13/2022)
January 13, 2022 Opinion or Order Filing 10 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. Judge Donna M. Ryu 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 the Clerk on 1/13/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(anj, COURT STAFF) (Filed on 1/13/2022)
January 12, 2022 Filing 9 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 either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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 AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 1/12/2022)
January 12, 2022 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Orlando Garcia.. (Seabock, Amanda) (Filed on 1/12/2022)
January 11, 2022 Filing 7 Summons Issued as to Martin Pena, Sara Pena. (hdj, COURT STAFF) (Filed on 1/11/2022)
January 11, 2022 Filing 6 Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (hdj, COURT STAFF) (Filed on 1/11/2022)
January 11, 2022 Filing 5 NOTICE by Orlando Garcia of Association of Counsel (Attachments: #1 Certificate/Proof of Service)(Zimmermann, Josie) (Filed on 1/11/2022)
January 11, 2022 Filing 4 Case assigned to Magistrate Judge Donna M. Ryu. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/25/2022. (jlg, COURT STAFF) (Filed on 1/11/2022)
January 10, 2022 Filing 3 Proposed Summons. (Seabock, Amanda) (Filed on 1/10/2022)
January 10, 2022 Filing 2 Certificate of Interested Entities by Orlando Garcia re #1 Complaint (Seabock, Amanda) (Filed on 1/10/2022)
January 10, 2022 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-16790423.). Filed byOrlando Garcia. (Attachments: #1 Civil Cover Sheet)(Seabock, Amanda) (Filed on 1/10/2022)

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Plaintiff: Orlando Garcia
Represented By: Amanda Lockhart Seabock
Represented By: Josie Sue Zimmermann
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Defendant: Martin Pena
Represented By: Richard Allen Mac Bride
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Defendant: Sara Pena
Represented By: Richard Allen Mac Bride
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