Whitaker v. La Baguette LLC
Plaintiff: Brian Whitaker
Defendant: La Baguette LLC and Simon Property Group, Inc
Case Number: 5:2021cv03262
Filed: May 3, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Edward J Davila
Referring Judge: Virginia K DeMarchi
Nature of Suit: American with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101 Americans w/ Disabilities Act (ADA)
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 13, 2022 Filing 33 STIPULATION FOR DISMISSAL PURSUANT TO F.R.CIV.P. 41 (a)(1)(A)(ii) filed by Brian Whitaker. (Attachments: #1 Certificate/Proof of Service)(Seabock, Amanda) (Filed on 5/13/2022)
May 9, 2022 Filing 32 NOTICE by Brian Whitaker of Withdrawal of Counsel (Attachments: #1 Certificate/Proof of Service)(Smith, Bradley) (Filed on 5/9/2022)
April 27, 2022 Opinion or Order Filing 31 Order Discharging #27 Order to Show Cause and Setting Deadline to Conduct Joint Site Inspection. Signed by Judge Edward J. Davila on 4/27/2022. (ejdlc1, COURT STAFF) (Filed on 4/27/2022)
April 18, 2022 Filing 30 ANSWER to Amended Complaint by Simon Property Group, Inc. (Fischbach, Ryan) (Filed on 4/18/2022) Modified on 4/19/2022 (anj, COURT STAFF).
April 8, 2022 Filing 29 CLERK'S NOTICE. Please take notice that Defendant Simon Property Group, Inc.'s Response to #28 Plaintiff's OSC Response is due on or before 4/18/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 4/8/2022)
April 8, 2022 Filing 28 RESPONSE re #27 Order to Show Cause, by Brian Whitaker. (Attachments: #1 Certificate/Proof of Service)(Seabock, Amanda) (Filed on 4/8/2022)
February 23, 2022 Opinion or Order Filing 27 ORDER TO SHOW CAUSE RE SETTLEMENT. Order to Show Cause Hearing set for 5/26/2022 10:00 AM, in San Jose, Courtroom 4, 5th Floor, before Judge Edward J. Davila. Show Cause Response OR Dismissal due by 5/16/2022. Signed by Judge Edward J. Davila on 2/23/2022. (crr, COURT STAFF) (Filed on 2/23/2022)
February 23, 2022 Filing 26 NOTICE for settlement and request to vacate all currently set dates by Brian Whitaker (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Seabock, Amanda) (Filed on 2/23/2022) Modified on 2/24/2022 (anj, COURT STAFF).
February 10, 2022 Filing 25 STIPULATION to Extend Time to Respond to Complaint Pursuant to Local Rule 6-1 re #16 Amended Complaint filed by Simon Property Group, Inc. and Brian Whitaker. (Fischbach, Ryan) (Filed on 2/10/2022) Modified on 2/11/2022 (anj, COURT STAFF).
January 24, 2022 Filing 24 STIPULATION re #16 Amended Complaint to Extend Time to Respond to Complaint Pursuant to Local Rule 6-1 filed by Simon Property Group, Inc. (Fischbach, Ryan) (Filed on 1/24/2022)
December 17, 2021 Filing 23 Stipulation to Extend Time to Respond to Complaint Pursuant to Local Rule 6-1 re #1 Complaint filed by Simon Property Group, Inc and Brian Whitaker. (Fischbach, Ryan) (Filed on 12/17/2021) Modified on 12/20/2021 (bns, COURT STAFF).
December 14, 2021 Filing 22 SUMMONS Returned Executed by Brian Whitaker. Simon Property Group, Inc served on 12/3/2021, answer due 12/27/2021. (Seabock, Amanda) (Filed on 12/14/2021)
December 3, 2021 Filing 21 STIPULATION for Dismissal pursuant to F.R.CIV.P. 41 (a)(1)(A)(ii) jointly filed by Brian Whitaker and La Baguette LLC. (Attachments: #1 Certificate/Proof of Service)(Montgomery, Elliott) (Filed on 12/3/2021) Modified on 12/6/2021 (bns, COURT STAFF).
December 3, 2021 Filing 20 ASSOCIATION of Counsel by Brian Whitaker. (Attachments: #1 Certificate/Proof of Service)(Montgomery, Elliott) (Filed on 12/3/2021)
November 26, 2021 Filing 19 Summons Issued as to Simon Property Group, Inc. (anj, COURT STAFF) (Filed on 11/26/2021)
November 24, 2021 Filing 18 Proposed Summons. (Smith, Bradley) (Filed on 11/24/2021)
November 19, 2021 #Electronic filing error. NOTICE TO COUNSEL: This filing will not be processed by the clerks office. A Summons has already been issued for party La Baguette at Docket No. #6 and r eturned executed at Docket No. #10 Please re-file summons its entirety for just the party Simon Property Group, Inc.. Please re-file in its entirety. Re: #17 Proposed Summons filed by Brian Whitaker (bns, COURT STAFF) (Filed on 11/19/2021)
November 18, 2021 Filing 17 Proposed Summons. (Smith, Bradley) (Filed on 11/18/2021)
November 15, 2021 Filing 16 AMENDED COMPLAINT against La Baguette LLC, Simon Property Group, Inc. Filed byBrian Whitaker. (Attachments: #1 Certificate/Proof of Service)(Smith, Bradley) (Filed on 11/15/2021)
November 10, 2021 Opinion or Order Filing 15 Order Granting #14 Stipulation to File Amended Complaint. Plaintiff's Amended Complaint due by 11/17/2021. Signed by Judge Edward J. Davila on 11/10/2021. (ejdlc1, COURT STAFF) (Filed on 11/10/2021)
November 10, 2021 Filing 14 STIPULATION WITH PROPOSED ORDER for Filing Amended Complaint Jointly filed by Brian Whitaker. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Zimmermann, Josie) (Filed on 11/10/2021)
August 25, 2021 Filing 13 Certificate of Interested Entities by La Baguette LLC (Singh, Shane) (Filed on 8/25/2021)
August 25, 2021 Filing 12 ANSWER to Complaint with Jury Demand byLa Baguette LLC. (Singh, Shane) (Filed on 8/25/2021)
July 26, 2021 Filing 11 STIPULATION to Extend Time for Defendant to Respond to Complaint filed by La Baguette LLC. (Mehta, Grace) (Filed on 7/26/2021)
July 6, 2021 Filing 10 SUMMONS Returned Executed by Brian Whitaker. La Baguette LLC served on 7/3/2021, answer due 7/26/2021. (Seabock, Amanda) (Filed on 7/6/2021)
May 6, 2021 Opinion or Order Filing 9 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. 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 remains as referral judge assigned to case. Reassignment Order signed by Clerk on 5/6/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 5/6/2021)
May 6, 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 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. (pmcS, COURT STAFF) (Filed on 5/6/2021)
May 5, 2021 Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Brian Whitaker.. (Seabock, Amanda) (Filed on 5/5/2021)
May 4, 2021 Filing 6 Summons Issued as to La Baguette LLC. (dhmS, COURT STAFF) (Filed on 5/4/2021)
May 3, 2021 Filing 5 Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (dhmS, COURT STAFF) (Filed on 5/3/2021)
May 3, 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 5/17/2021. (jmlS, COURT STAFF) (Filed on 5/3/2021)
May 3, 2021 Filing 3 Proposed Summons. (Seabock, Amanda) (Filed on 5/3/2021)
May 3, 2021 Filing 2 Certificate of Interested Entities by Brian Whitaker re #1 Complaint (Seabock, Amanda) (Filed on 5/3/2021)
May 3, 2021 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-15916509.). Filed byBrian Whitaker. (Attachments: #1 Civil Cover Sheet)(Seabock, Amanda) (Filed on 5/3/2021)

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Plaintiff: Brian Whitaker
Represented By: Amanda Lockhart Seabock
Represented By: Prathima Reddy Price
Represented By: Dennis Jay Price, II
Represented By: Elliott Charles Montgomery
Represented By: Josie Sue Zimmermann
Represented By: Bradley Alan Smith
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Defendant: La Baguette LLC
Represented By: Shane Singh
Represented By: Grace E. Mehta
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Defendant: Simon Property Group, Inc
Represented By: Ryan D. Fischbach
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