Whitaker v. Nguyen
| Brian Whitaker |
| Jonalyn Montiel Nguyen |
| 4:2021cv04336 |
| June 8, 2021 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Haywood S Gilliam |
| American with Disabilities - Other |
| 42 U.S.C. ยง 12101 |
| None |
Docket Report
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This docket was last retrieved on March 7, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Reset Hearing as to #16 MOTION to Dismiss for Lack of Jurisdiction as to Plaintiff's Amended Complaint (Doc. 15), See Docket No. #18 : Motion Hearing set for 10/28/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 8/2/2021) |
| Filing 18 Renotice motion hearing re #16 MOTION to Dismiss for Lack of Jurisdiction as to Plaintiff's Amended Complaint (Doc. 15) filed byJonalyn Montiel Nguyen. (Related document(s) #16 ) (Abraham, Stephen) (Filed on 7/30/2021) |
| Filing 17 CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re- file the #16 motion to dismiss. Hearing date of September 2, 2021, is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. September 2nd was not the Court's next available hearing date when this motion was e-filed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 7/30/2021) |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction as to Plaintiff's Amended Complaint (Doc. 15) filed by Jonalyn Montiel Nguyen. Motion Hearing set for 9/2/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 8/13/2021. Replies due by 8/20/2021. (Attachments: #1 Supplement Memorandum of Points and Authorities in Support of Defendant's Motion to Dismiss, #2 Declaration of Jonalyn Nguyen in Support of Defendant's Motion to Dismiss, #3 Declaration of Stephen Abraham in Support of Defendants' Motion to Dismiss, #4 Supplement Request for Judicial Notice in Support of Defendant's Motion to Dismiss, #5 Exhibit 1 - Pacer Report (Excerpts), #6 Exhibit 2 - Pacer Report, #7 Exhibit 3 - ADA Standards (Excerpts), #8 Exhibit 4 - Photographs, #9 Proposed Order)(Abraham, Stephen) (Filed on 7/30/2021) |
| Filing 15 AMENDED COMPLAINT against All Defendants. Filed byBrian Whitaker. (Attachments: #1 Certificate/Proof of Service)(Seabock, Amanda) (Filed on 7/30/2021) |
| Filing 14 NOTICE of Filing of First Amended Complaint in Lieu of Opposing Motion to Dismiss by Brian Whitaker (Attachments: #1 Certificate/Proof of Service)(Seabock, Amanda) (Filed on 7/30/2021) Modified on 8/2/2021 (bnsS, COURT STAFF). |
| Filing 13 Renotice motion hearing re #11 MOTION to Dismiss for Lack of Jurisdiction New Hearing Date of October 7, 2021 filed byJonalyn Montiel Nguyen. (Related document(s) #11 ) (Abraham, Stephen) (Filed on 7/19/2021) |
| Filing 12 CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re- file the #11 motion to dismiss. Hearing date of August 19th, is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. August 19th was not he Court's next available hearing date when this motion was e-filed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 7/19/2021) |
| Reset Hearings as to #11 MOTION to Dismiss for Lack of Jurisdiction, See Docket No. #13 : Motion Hearing set for 10/7/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 7/19/2021) |
| Filing 11 MOTION to Dismiss for Lack of Jurisdiction filed by Jonalyn Montiel Nguyen. Motion Hearing set for 8/19/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 7/30/2021. Replies due by 8/6/2021. (Attachments: #1 Supplement Memorandum of Points and Authorities in Support of Defendant's Motion to Dismiss, #2 Declaration of Jonalyn Nguyen in Support of Defendant's Motion to Dismiss, #3 Declaration of Stephen Abraham in Support of Defendant's Motion to Dismiss, #4 Supplement Request for Judicial Notice in Support of Defendant's Motion to Dismiss, #5 Exhibit 1 - Pacer Report (Excerpts), #6 Exhibit 2 - Pacer Report, #7 Exhibit 3 - ADA Standards (Excerpts), #8 Exhibit 4 - Photographs, #9 Proposed Order)(Abraham, Stephen) (Filed on 7/16/2021) Modified on 7/19/2021 (bnsS, COURT STAFF). |
| Filing 10 Case REASSIGNED to Judge Haywood S Gilliam, Jr. Magistrate Judge Nathanael M. Cousins no longer assigned to case. (bwS, COURT STAFF) (Filed on 6/11/2021) (bwS, COURT STAFF). |
| Filing 9 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. (bwS, COURT STAFF) (Filed on 6/11/2021) |
| Filing 8 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 6/10/2021) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Brian Whitaker.. (Seabock, Amanda) (Filed on 6/9/2021) |
| Filing 6 Summons Issued as to Jonalyn Montiel Nguyen. (sfbS, COURT STAFF) (Filed on 6/9/2021) |
| Filing 5 Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (sfbS, COURT STAFF) (Filed on 6/9/2021) |
| Filing 4 Case assigned to Magistrate Judge Nathanael M. Cousins. 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 6/22/2021. (haS, COURT STAFF) (Filed on 6/8/2021) |
| Filing 3 Proposed Summons. (Seabock, Amanda) (Filed on 6/8/2021) |
| Filing 2 Certificate of Interested Entities by Brian Whitaker re #1 Complaint (Seabock, Amanda) (Filed on 6/8/2021) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-16052190.). Filed byBrian Whitaker. (Attachments: #1 Civil Cover Sheet)(Seabock, Amanda) (Filed on 6/8/2021) |
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| Defendant: Jonalyn Montiel Nguyen | |
| Represented By: | Stephen Edward Abraham |
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| Plaintiff: Brian Whitaker | |
| Represented By: | Amanda Lockhart Seabock |
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