Gastelum v. Blue Diamond Hospitality LLC
| Fernando Gastelum |
| Blue Diamond Hospitality LLC and Blue Diamond Hospitality LLC doing business as Hampton Inn & Suites Gilroy |
| 5:2021cv06234 |
| August 12, 2021 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Edward J Davila |
| American with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 25, 2023. A more recent docket listing may be available from PACER.
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Filing 52
REPLY (re #50 MOTION for Summary Judgment ) filed byFernando Gastelum. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gastelum, Fernando) (Filed on 4/5/2023)
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Filing 51
OPPOSITION/RESPONSE (re #50 MOTION for Summary Judgment ) and Defendant's Cross-Motion for Summary Judgment filed byBlue Diamond Hospitality LLC. (Attachments: #1 Declaration of Gary Layman, #2 Declaration of Eric Gebhardt, #3 Declaration Matt Arnold)(Stillman, Philip) (Filed on 3/31/2023)
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Filing 50
MOTION for Summary Judgment filed by Fernando Gastelum. Motion Hearing set for 7/13/2023 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 3/31/2023. Replies due by 4/7/2023. (Gastelum, Fernando) (Filed on 3/17/2023)
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Filing 49
CLERKS NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motion to Dismiss (ECF No. #39 ) before Judge Edward J. Davila previously noticed for 3/23/2023 at 9:00 AM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 3/23/2023 hearing is VACATED - NO APPEARANCE NECESSARY. The Court to issue further Order on the submitted motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 3/15/2023)
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Filing 48
CLERK'S NOTICE. Pursuant to #47 Order, the 3/23/2023 Hearing re #43 Motion to Enforce is VACATED. The Hearing on Defendant's Motion to Dismiss (ECF No. #39 ) set for 3/23/2023 remains on calendar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 3/14/2023)
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Filing 47
ORDER ON PLAINTIFF'S #43 MOTION TO ENFORCE GENERAL ORDER 56; #46 MOTION FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT. Signed by Judge Edward J. Davila on 3/14/2023. (crr, COURT STAFF) (Filed on 3/14/2023)
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Filing 46
MOTION MOTION FOR ADMINISTRATIVE RELIEF WITH NOTICE OF COMPLETION OF JOINT SITE INSPECTION filed by Fernando Gastelum. Motion Hearing set for 5/11/2023 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 4/18/2023. Replies due by 4/28/2023. (Attachments: #1 Appendix Exhibit 1, #2 Appendix Exhibit 2, #3 Appendix Exhibit 3)(Gastelum, Fernando) (Filed on 3/13/2023)
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Filing 45
OPPOSITION/RESPONSE (re #43 MOTION TO ENFORCE DEFENDANTS COUNSELS COOPERATION WITH GENERAL ORDER 56 ) filed byBlue Diamond Hospitality LLC. (Attachments: #1 Declaration of Philip Stillman)(Stillman, Philip) (Filed on 1/17/2023)
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Filing 44
CLERK'S NOTICE Continuing Motion Hearing. Motion Hearing as to #43 Motion to Enforce re General Order 56 set for 2/9/2023 is CONTINUED to 3/23/2023 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. The Parties are reminded to review the Judge's scheduling notes and Standing Orders, and to contact the Courtroom Deputy in advance of filing to secure a hearing date. (This is a text-only entry generated by the court. There is no document associated with this entry.)(crr, COURT STAFF) (Filed on 1/4/2023)
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Filing 43
MOTION TO ENFORCE DEFENDANTS COUNSELS COOPERATION WITH GENERAL ORDER 56 filed by Fernando Gastelum. Motion Hearing set for 2/9/2023 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 1/17/2023. Replies due by 1/24/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gastelum, Fernando) (Filed on 1/3/2023)
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Filing 42
NOTICE by Fernando Gastelum OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF DENIAL OF DEFENDANTS MOTION TO DISMISS (Attachments: #1 Exhibit 1)(Gastelum, Fernando) (Filed on 12/12/2022)
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Filing 41
REPLY (re #39 Third MOTION to Dismiss for Lack of Jurisdiction ) filed byBlue Diamond Hospitality LLC. (Stillman, Philip) (Filed on 11/3/2022)
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Filing 40
OPPOSITION/RESPONSE (re #39 Third MOTION to Dismiss for Lack of Jurisdiction ) filed byFernando Gastelum. (Attachments: #1 Exhibit 1, #2 Declaration)(Gastelum, Fernando) (Filed on 10/20/2022)
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Filing 39
Third MOTION to Dismiss for Lack of Jurisdiction filed by Blue Diamond Hospitality LLC. Motion Hearing set for 3/23/2023 09:00 AM in San Jose, Courtroom 5, 4th Floor before Judge Edward J. Davila. Responses due by 10/27/2022. Replies due by 11/3/2022. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration Of Eric Gebhardt, #3 Declaration Of Gary Layman, #4 Declaration Of Philip Stillman, #5 Request for Judicial Notice)(Stillman, Philip) (Filed on 10/13/2022)
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Filing 38
Response to Order to Show Cause RE: SUPPLEMENTAL JURISDICTION and NOTICE OF NEED TO ASSERT PRE-EMPTION CLAIM IN THE EVENT OF DISMISSAL OF STATE LAW CLAIMS byFernando Gastelum. (Gastelum, Fernando) (Filed on 9/20/2022)
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Filing 37
AMENDED COMPLAINT Second Amended Complaint against Blue Diamond Hospitality LLC. Filed byFernando Gastelum. (Gastelum, Fernando) (Filed on 9/20/2022)
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Filing 36
Order Granting in part #29 MOTION TO DISMISS FIRST AMENDED COMPLAINT FOR LACK OF STANDING; ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT DECLINE SUPPLEMENTAL JURISDICTION OVER UNRUH ACT CLAIM. Plaintiff may file an amended complaint by October 7, 2022. Plaintiff's written response to this Order is due by September 29, 2022. Signed by Judge Edward J. Davila on 9/16/2022. (ejdlc1, COURT STAFF) (Filed on 9/16/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 35
NOTICE of Supplemental Authority in Support of Denial of #29 Defendant's Motion to Dismiss by Fernando Gastelum (Attachments: #1 Exhibit 1)(Gastelum, Fernando) (Filed on 7/18/2022) Modified text on 7/19/2022 (dhm, COURT STAFF).
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Filing 34
CLERKS NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motion to Dismiss(ECF No. #29 ) before Judge Edward J. Davila previously noticed for 8/11/2022 at 9:00 AM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 8/11/2022 hearing is VACATED NO APPEARANCE NECESSARY. The Court to issue further Order on the submitted motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 7/15/2022)
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Filing 33
Declaration of Gary Layman, CASp in Support of #32 Reply to Opposition/Response, (Amended to include Omitted Exhibit 1) filed byBlue Diamond Hospitality LLC. (Related document(s) #32 ) (Stillman, Philip) (Filed on 3/13/2022)
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Filing 32
REPLY (re #29 MOTION to Dismiss for Lack of Jurisdiction ) and Failure to State a Claim filed byBlue Diamond Hospitality LLC. (Attachments: #1 Declaration of Eric Gebhardt, #2 Declaration of Gary Layman, CASp)(Stillman, Philip) (Filed on 3/13/2022)
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Filing 31
Declaration of Fernando Gastelum in Support of #30 Opposition/Response to Motion filed byFernando Gastelum. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Related document(s) #30 ) (Gastelum, Fernando) (Filed on 2/22/2022)
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Filing 30
OPPOSITION/RESPONSE (re #29 MOTION to Dismiss for Lack of Jurisdiction ) filed byFernando Gastelum. (Gastelum, Fernando) (Filed on 2/22/2022)
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Filing 29
MOTION to Dismiss for Lack of Jurisdiction filed by Blue Diamond Hospitality LLC. Motion Hearing set for 8/11/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 3/4/2022. Replies due by 3/11/2022. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Eric Gebhardt, #3 Declaration of Troy Sims, #4 Declaration of Philip H. Stillman, #5 Request for Judicial Notice, #6 Proposed Order)(Stillman, Philip) (Filed on 2/18/2022)
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Filing 28
Order Denying as Moot #23 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Edward J. Davila on 2/4/2022. (ejdlc1, COURT STAFF) (Filed on 2/4/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 27
AMENDED COMPLAINT First Amended Complaint against Blue Diamond Hospitality LLC. Filed byFernando Gastelum. (Gastelum, Fernando) (Filed on 2/4/2022)
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Filing 26
NOTICE by Fernando Gastelum NOTICE OF ELECTION TO FILE AMENDED COMPLAINT INSTEAD OF RESPONDING TO MOTION TO DISMISS (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gastelum, Fernando) (Filed on 2/4/2022)
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Filing 25
Declaration of Eric Gebhardt in Support of #23 MOTION to Dismiss for Lack of Jurisdiction filed byBlue Diamond Hospitality LLC. (Related document(s) #23 ) (Stillman, Philip) (Filed on 1/26/2022)
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Filing 24
Clerk's Notice ENTRY OF DEFAULT as to defendant Blue Diamond Hospitality, LLC dba Hampton Inn & Suites Gilroy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #22 ) (jy, COURT STAFF) (Filed on 1/26/2022)
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Filing 23
MOTION to Dismiss for Lack of Jurisdiction filed by Blue Diamond Hospitality LLC. Motion Hearing set for 6/30/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 2/8/2022. Replies due by 2/15/2022. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Troy Sims, #3 Declaration Stephen Schraibman, #4 Declaration Of Philip Stillman, #5 Request for Judicial Notice)(Stillman, Philip) (Filed on 1/25/2022)
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Filing 22
MOTION for Entry of Default filed by Fernando Gastelum. (Gastelum, Fernando) (Filed on 1/25/2022)
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Filing 21
Order Granting #17 Stipulation to Set Aside Entry of Default. Defendant agrees to file any response within fourteen days of the Court entering this Stipulation as an Order. Signed by Judge Edward J. Davila on 1/7/2022. (ejdlc1, COURT STAFF) (Filed on 1/7/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified text on 1/27/2022 (cv, COURT STAFF).
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Filing 20
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.Judge Lucy H. Koh no longer assigned to caseReassignment Order signed by Judge Seeborg on 1/7/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 1/7/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 19
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Fernando Gastelum.. (Gastelum, Fernando) (Filed on 1/5/2022)
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Filing 18
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)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 17
STIPULATION WITH PROPOSED ORDER re #12 Clerk's Notice of Entry of Default To Set Aside Entry of Default filed by Blue Diamond Hospitality LLC. (Stillman, Philip) (Filed on 12/16/2021)
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Filing 16
CLERK'S NOTICE SETTING HEARING ON #15 MOTION FOR DEFAULT JUDGMENT. A hearing on #15 MOTION for Default Judgment by the Court as to Statement of Costs is SET for Thursday, March 10, 2022 at 1:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Please see Judge Lucy H. Koh's Scheduling Notes at https://www.cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ked, COURT STAFF) (Filed on 11/12/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 15
MOTION for Default Judgment by the Court as to Statement of Costs filed by Fernando Gastelum. Responses due by 11/23/2021. Replies due by 11/30/2021. (Attachments: #1 Proposed Order Proposed Judgment)(Gastelum, Fernando) (Filed on 11/9/2021)
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Filing 14
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Kohfor 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 Nathanael M. Cousins remains as referral judge assigned to case. Reassignment Order signed by Clerk on 11/9/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 11/9/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 13
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 11/8/2021)
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Filing 12
Clerk's Notice ENTRY OF DEFAULT as to Blue Diamond Hospitality LLC dba Hampton Inn & Suites Gilroy Related document(s) #11 (jy, COURT STAFF) (Filed on 10/25/2021)
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Filing 11
MOTION for Entry of Default filed by Fernando Gastelum. (Gastelum, Fernando) (Filed on 10/21/2021)
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Filing 10
CLERK'S NOTICE SETTING Initial Case Management Conference for 1/12/2022, at 10:00 AM by telephone. Case Management Statement due by 1/5/2022. All parties are requested to file a consent or declination to proceed before a magistrate judge by 10/26/2021. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmhS, COURT STAFF) (Filed on 10/12/2021)
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Filing 9
SUMMONS Returned Executed by Fernando Gastelum. Blue Diamond Hospitality LLC served on 8/24/2021, answer due 9/14/2021. (Gastelum, Fernando) (Filed on 8/24/2021)
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Filing 8
Case assigned 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. (bwS, COURT STAFF) (Filed on 8/17/2021)
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Filing 7
ORDER GRANTING #2 Motion for Permission for Electronic Case Filing. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 8/16/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 6
CLERK'S NOTICE RE: Consent or Declination. Plaintiff is requested to file a consent or declination to proceed before a magistrate judge by 8/30/2021. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (lmh, COURT STAFF) (Filed on 8/16/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 5
Summons Issued as to Blue Diamond Hospitality LLC. (sfbS, COURT STAFF) (Filed on 8/13/2021)
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Filing 4
Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (sfbS, COURT STAFF) (Filed on 8/12/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 3
Proposed Order by Fernando Gastelum. (sfbS, COURT STAFF) (Filed on 8/12/2021)
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Filing 2
MOTION for Permission for Electronic Case Filing filed by Fernando Gastelum. (Attachments: #1 Proposed Order)(sfbS, COURT STAFF) (Filed on 8/12/2021) Modified on 8/13/2021 (sfbS, COURT STAFF).
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Filing 1
COMPLAINT against Blue Diamond Hospitality LLC (Filing fee $ 402.). Filed by Fernando Gastelum. Consent/Declination due by 8/26/2021. (Attachments: #1 Civil Cover Sheet, #2 Receipt)(sfbS, COURT STAFF) (Filed on 8/12/2021)
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