Johnson v. D'Arpino et al
| Scott Johnson |
| Vince D'Arpino, Donna Marie Rubino and Selam Tkabo |
| 5:2021cv05641 |
| July 23, 2021 |
| US District Court for the Northern District of California |
| Virginia K DeMarchi |
| Susan van Keulen |
| Lucy H Koh |
| American with Disabilities - Other |
| 42 U.S.C. § 12101 Americans w/ Disabilities Act (ADA) |
| Defendant |
Docket Report
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This docket was last retrieved on December 7, 2022. A more recent docket listing may be available from PACER.
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Filing 60
ORDER by Judge Susan van Keulen Granting #59 Joint Stipulation forDismissal. (svklc2, COURT STAFF) (Filed on 12/7/2022)
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| Filing 59 STIPULATION WITH PROPOSED ORDER for dismissal pursuant to F.R.CIV.P. 41 (a)(1)(A)(ii) filed by Scott Johnson, Vince D'Arpino, Donna Maire Rubino and Selam Tkabo. (Attachments: #1 Proposed Order)(Hemming, Krista) (Filed on 12/7/2022) Modified on 12/7/2022 (kkp, COURT STAFF). |
| Filing 58 NOTICE of Change In Counsel by Christopher A. Seabock (L.R. 5-1(c)(2)(C) (Seabock, Christopher) (Filed on 12/6/2022) |
| Filing 57 NOTICE of Change In Counsel by Dennis Jay Price, II (Price, Dennis) (Filed on 12/2/2022) |
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Filing 56
ORDER TO SHOW CAUSE RE SETTLEMENT. Order to Show Cause Hearing set for 1/24/2023 at 1:30 PM. Dismissal or Show Cause Response due by 1/17/2023. Signed by Judge Susan van Keulen on 11/17/2022. (svklc2, COURT STAFF) (Filed on 11/17/2022)
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| Filing 55 NOTICE for settlement and request to vacate all currently set dates by Scott Johnson. (Attachments: #1 Proposed Order)(Hemming, Krista) (Filed on 11/17/2022) Modified on 11/17/2022 (kkp, COURT STAFF). |
| Filing 54 NOTICE of Change In Counsel by Amanda Lockhart Seabock. (Seabock, Amanda) (Filed on 11/15/2022) Modified on 11/16/2022 (kkp, COURT STAFF). |
| Filing 53 NOTICE of withdrawal of Counsel by Scott Johnson (Handy, Russell) (Filed on 10/31/2022) Modified on 10/31/2022 (jml, COURT STAFF). |
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Filing 52
ORDER by Judge Susan van Keulen Granting #51 Joint Stipulation to Forego Joint Site Inspection. (svklc2, COURT STAFF) (Filed on 8/19/2022)
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| Filing 51 STIPULATION WITH PROPOSED ORDER and request to forego joint site inspection under General Order 56 filed by Scott Johnson, Vince D'Arpino, Donna Marie Rubino and Selam Tkabo. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Butler, Naomi) (Filed on 8/19/2022) Modified on 8/22/2022 (kkp, COURT STAFF). |
| Filing 50 NOTICE of Appearance by Naomi Marie Butler (Attachments: #1 Certificate/Proof of Service)(Butler, Naomi) (Filed on 8/19/2022) |
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Filing 49
CASE MANAGEMENT ORDER. Further Case Management Conference set for 2/14/2023 at 09:30 AM in San Jose - To be determined. Case Management Statement due by 2/7/2023. Signed by Judge Susan van Keulen on 8/9/2022. (svklc2, COURT STAFF) (Filed on 8/9/2022)
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| Filing 48 Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Further Case Management Conference held on 8/9/2022 via Zoom.Plaintiff confirmed consent to Magistrate Judge for all purposes.Court to issue CMO.Digital Recording Time: Zoom 9:43-9:48am (5 mins). Plaintiff Attorney: Naomi Butler. Defendant Attorney: Rachael Brown. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Date Filed: 8/9/2022) |
| Filing 47 CLERK'S NOTICE REMINDER: Counsel must be admitted to the bar for the Northern District of California in order to appear at case management conference. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 8/8/2022) |
| Filing 46 NOTICE of Appearance by Rachael E Brown (Brown, Rachael) (Filed on 8/8/2022) |
| Filing 45 NOTICE of Appearance by Naomi Marie Butler (Attachments: #1 Certificate/Proof of Service)(Butler, Naomi) (Filed on 8/7/2022) |
| Filing 44 CLERKS NOTICE SETTING ZOOM HEARING.The Further Case Management Conference on 8/9/22 at 9:30 AM 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/svk Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance o r will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at SVKcrd@cand.uscourts.gov no later than August 8, 2022 at 2:00 PM PDT.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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 8/5/2022) |
| Filing 43 JOINT CASE MANAGEMENT STATEMENT filed by Scott Johnson, Vince D'Arpino, Donna Marie Rubino, Selam Tkabo. (Attachments: #1 Certificate/Proof of Service)(Price, Prathima) (Filed on 8/2/2022) Modified on 8/3/2022 (kkp, COURT STAFF). |
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Filing 42
ORDER Withdrawing #40 Order; Setting Case Management Conference. Case Management Statement due by 8/2/2022. Case Management Conference set for 8/9/2022 at 09:30 AM in San Jose, - To be determined. Signed by Judge Susan van Keulen on 7/12/2022. (svklc2, COURT STAFF) (Filed on 7/12/2022)
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| Filing 41 DECLARATION of Christopher J. Olson in Opposition to #40 Order (Declaration of Christopher J. Olson IN RESPONSE to ECF 40) filed byVince D'Arpino, Donna Marie Rubino, Selam Tkabo. (Related document(s) #40 ) (Olson, Christopher) (Filed on 7/11/2022) |
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Filing 40
ORDER Directing Plaintiff to Move for Entry of Default. Signed by Judge Susan van Keulen on July 11, 2022. (svklc2, COURT STAFF) (Filed on 7/11/2022)
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Filing 39
ORDER by Judge Susan van Keulen Granting in Part and Denying, Without Prejudice, in Part #28 Defendants' Motion to Dismiss. (svklc2, COURT STAFF) (Filed on 6/10/2022)
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| Filing 38 REPLY (re #28 MOTION to Dismiss For Lack of Subject Matter Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1) ) WITH EXHIBIT A filed byVince D'Arpino, Donna Marie Rubino, Selam Tkabo. (Olson, Christopher) (Filed on 3/23/2022) |
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Filing 37
ORDER by Judge Susan van Keulen denying #31 Motion for Administrative Relief. (svklc2, COURT STAFF) (Filed on 3/21/2022)
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| Filing 36 CLERK'S NOTICE VACATING 3/29/22 MOTION HEARING. The Motion to Dismiss #28 Hearing set for 3/29/2022 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen is off calendar; the Court will re-set if necessary. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 3/21/2022) |
| Filing 35 OPPOSITION/RESPONSE (re #31 MOTION for Administrative Relief Requesting Case Management Conference Pursuant to General Order 56 ) filed byVince D'Arpino, Donna Marie Rubino, Selam Tkabo. (Olson, Christopher) (Filed on 3/17/2022) |
| Filing 34 Brief re #28 MOTION to Dismiss For Lack of Subject Matter Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1) filed byScott Johnson. (Attachments: #1 Declaration, #2 Certificate/Proof of Service)(Related document(s) #28 ) (Seabock, Christopher) (Filed on 3/16/2022) |
| Filing 33 NOTICE of Appearance by Christopher A. Seabock (Attachments: #1 Certificate/Proof of Service)(Seabock, Christopher) (Filed on 3/16/2022) |
| Filing 32 CLERK'S NOTICE RE [Dkt. #31 ].Any opposition to Plaintiff's Motion for Administrative Relief #31 must be filed within 4 days of the filing of Plaintiffs motion pursuant to Civil L.R. 7-11(b). Plaintiff may not file a reply. The briefing schedule set forth in ECF 31 is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 3/16/2022) |
| Filing 31 MOTION for Administrative Relief Requesting Case Management Conference Pursuant to General Order 56 filed by Scott Johnson. Responses due by 3/28/2022. Replies due by 4/4/2022. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Price, Prathima) (Filed on 3/13/2022) |
| Filing 30 Minute Entry for proceedings held before Magistrate Judge Virginia K. DeMarchi: Settlement Conference held on 3/9/2022.Case did not settle.Plaintiff's Attorney: Josie Zimmerman. Plaintiff Representative: Scott Johnson. Defendants' Attorney: Christopher Olson. Defendants' representative: Donna Rubino.Total Time: 1 Hour 15 Minutes. Court Reporter: None. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amk, COURT STAFF) (Date Filed: 3/9/2022) |
| Filing 29 ASSOCIATION of Counsel by Scott Johnson. (Attachments: #1 Certificate/Proof of Service)(Zimmermann, Josie) (Filed on 3/9/2022) |
| Filing 28 MOTION to Dismiss For Lack of Subject Matter Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1) filed by Vince D'Arpino, Donna Marie Rubino, Selam Tkabo. Motion Hearing set for 3/29/2022 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 3/16/2022. Replies due by 3/23/2022. (Attachments: #1 Decl. of Christoper Olson and Exhibits A-B, #2 Decl. of M. Miyaki and Exhibits A-C, #3 Proposed Order)(Olson, Christopher) (Filed on 3/2/2022) |
| Filing 27 JOINT STATUS REPORT by Scott Johnson, Vince D'Arpino, Donna Marie Rubino, Selam Tkabo. (Attachments: #1 Certificate/Proof of Service)(Price, Prathima) (Filed on 2/18/2022) Modified on 2/18/2022 (cjl, COURT STAFF). |
| Filing 26 CLERK'S NOTICE Joint Status Report due by 2/17/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 2/7/2022) |
| Filing 25 Minute Entry for proceedings held before Magistrate Judge Virginia K. DeMarchi: Telephone Conference held on 1/24/2022. Total Time in Court: 11:00am-11:10am (10 mins). Court Reporter: Not reported. Plaintiff Attorney: Prathima Price. Defendant Attorney: Christopher Olson. Settlement Conference set for 3/9/2022 09:30 AM-12:30PM in San Jose, - Videoconference Only.The parties shall comply with Judge DeMarchi's Standing Order re Settlement Conference Procedures at http://www.cand.uscourts.gov/vkdorders, which includes instructions and deadlines for the submission of Settlement Conference Statements and Confidential Settlement Letters in advance of the conference.Video information will be emailed to counsel. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Date Filed: 1/24/2022) |
| Filing 24 CLERK'S NOTICE SETTING TELEPHONE CONFERENCE. Judge DeMarchi will hold a telephone conference to discuss arrangements for a settlement conference on January 24, 2022, at 11:00 a.m. Lead counsel for each party must participate in the conference call. In advance of the call, counsel for the parties must confer regarding dates within the next 90 days on which they are mutually available for a settlement conference. Please note that Judge DeMarchi prefers to conduct settlement conferences on Wednesdays, Thursdays, or Fridays. Judge DeMarchi's courtroom deputy will email counsel a dial-in number for the telephone conference. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 1/18/2022) |
| Filing 23 Notice of Need for Mediation by Prathima Reddy Price (Price, Prathima) (Filed on 1/18/2022) |
| CASE REFERRED to Magistrate Judge Virginia K. DeMarchi for Settlement, pursuant to N.D. Cal. General Order 56 paragraph 9. (ahm, COURT STAFF) (Filed on 1/18/2022) |
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Filing 22
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Susan van Keulen for all further proceedings. Judge Lucy H. Koh no longer assigned to the case. Signed by Judge Richard Seeborg on 1/7/2022. (jml, COURT STAFF) (Filed on 1/7/2022)
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| Case Reassigned to Magistrate Judge Susan van Keulen. Judge Lucy H. Koh no longer assigned to the case. (jml, COURT STAFF) (Filed on 1/7/2022) |
| Filing 21 Joint Statement of the Parties re: Reassignment of Case by Scott Johnson, Vince D'Arpino, Donna Marie Rubino, Selam Tkabo. (Attachments: #1 Certificate/Proof of Service)(Seabock, Christopher) (Filed on 1/6/2022) Modified on 1/6/2022 (cjl, COURT STAFF). |
| Filing 20 NOTICE of Appearance by Christopher A. Seabock (Attachments: #1 Certificate/Proof of Service)(Seabock, Christopher) (Filed on 1/6/2022) |
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Filing 19
Order by Judge Lucy H. Koh granting #18 Stipulation To Extend Filing of Notice for Need for Mediation Deadline.(lhklc1, COURT STAFF) (Filed on 1/4/2022)
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| Filing 18 STIPULATION WITH PROPOSED ORDER To Extend Filing of Notice of Need for Mediation Deadline filed by Scott Johnson. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Price, Prathima) (Filed on 12/23/2021) |
| Filing 17 You are receiving this Notice because this case has been assigned to the Honorable Lucy H. Koh. On December 13, 2021, Judge Koh was confirmed to the United States Court of Appeals for the Ninth Circuit. The parties to this action are instructed to meet and confer to determine if collectively they will consent to transfer of this case to a Magistrate Judge for all purposes. On or before January 5, 2022, each party must file either (1) written consent to the jurisdiction of a Magistrate Judge or (2) a request for reassignment of this case to a district judge. The parties may consent to the jurisdiction of a specific Magistrate Judge regardless of the division of the Court to which that Judge is assigned. In the event that the parties decline consent to Magistrate Judge jurisdiction, the case will be randomly reassigned to a district judge who likely will not be resident in the San Jose division of the Court. ON BEHALF OF THE EXECUTIVE COMMITTEE, Richard Seeborg, Chief Judge. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecg-adi, COURT STAFF) (Filed on 12/17/2021) |
| Filing 16 STIPULATION and Request to Forego the Joint Site Inspection filed by Scott Johnson, Vince D'Arpino, Donna Marie Rubino, Selam Tkabo. (Attachments: #1 Exhibit A, #2 Certificate/Proof of Service)(Townsend, Cara) (Filed on 11/22/2021) Modified on 11/22/2021 (cjl, COURT STAFF). |
| Filing 15 NOTICE of Appearance by Cara Patricia Townsend (Attachments: #1 Certificate/Proof of Service)(Townsend, Cara) (Filed on 11/22/2021) |
| Filing 14 Certificate of Interested Entities by Vince D'Arpino, Donna Marie Rubino, Selam Tkabo (Olson, Christopher) (Filed on 10/6/2021) |
| Filing 13 ANSWER to Complaint (with jury demand) by Vince D'Arpino, Donna Marie Rubino, Selam Tkabo. (Olson, Christopher) (Filed on 10/6/2021) Modified on 10/7/2021 (cjlS, COURT STAFF). |
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Filing 12
Order by Judge Lucy H. Koh granting in part and denying in part #10 Motion for Administrative Relief Requesting Extension of Time to Complete Service.(lhklc1, COURT STAFF) (Filed on 9/23/2021)
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| Filing 11 SUMMONS Returned Executed by Scott Johnson. Selam Tkabo served on 9/14/2021, answer due 10/5/2021. (Seabock, Amanda) (Filed on 9/23/2021) |
| Filing 10 ADMINISTRATIVE MOTION for Administrative Relief Requesting Extension of Time to Complete Service on Defendant [Fed. R. Civ. P. 6; LR 7-11] filed by Scott Johnson. Responses due by 12/22/2021. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order, #5 Certificate/Proof of Service)(Zaman, Tehniat) (Filed on 9/22/2021) |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh 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 7/27/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 7/27/2021)
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| 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 7/27/2021) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Scott Johnson.. (Seabock, Amanda) (Filed on 7/26/2021) |
| Filing 6 Summons Issued as to Vince D'Arpino, Donna Marie Rubino, Selam Tkabo. (dhmS, COURT STAFF) (Filed on 7/26/2021) |
| 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 7/23/2021) |
| 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 8/6/2021. (anjS, COURT STAFF) (Filed on 7/23/2021) |
| Filing 3 Proposed Summons. (Seabock, Amanda) (Filed on 7/23/2021) |
| Filing 2 Certificate of Interested Entities by Scott Johnson re #1 Complaint (Seabock, Amanda) (Filed on 7/23/2021) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-16208515.). Filed byScott Johnson. (Attachments: #1 Civil Cover Sheet)(Seabock, Amanda) (Filed on 7/23/2021) |
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