McIver v. Pacific Carmel Mountain Holdings, LP et al

Plaintiff: Larry McIver
Defendant: Pacific Carmel Mountain Holdings, LP, Michael's Stores, Inc., St. Mar Enterprises, TSA Stores, Inc., Marshalls of CA, LLC, Ross Dress for Less, Inc., Sears, Roebuck & Co., Courtyard Holdings, LP, Coastline Food Services Corp., Borders, Inc., Costco Wholesale Corporation, Ben Tipp Testamentary - Gateway, LLC and Party City of San Diego, Inc.
Case Number: 3:2009cv01975
Filed: September 9, 2009
Court: California Southern District Court
Office: San Diego Office
County: San Diego
Referring Judge: Anthony J. Battaglia
Presiding Judge: Larry Alan Burns
Nature of Suit: None
Cause of Action: Americans with Disabilities Act
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
January 15, 2013 200 Opinion or Order of the Court Order of Dismissal, and Admonition to Plaintiff's Counsel. As a sanction, all claims in this action, and the action itself, are dismissed with prejudice. Signed by Judge Larry Alan Burns on 1/12/13.(kaj)
September 13, 2012 172 Opinion or Order of the Court ORDER granting in part Motion to Dismiss Claims as Moot 154 , 159 . Evidentiary Hearing set for 9/25/2012 01:00 PM before Judge Larry Alan Burns. Signed by Judge Larry Alan Burns on 9/12/12. (cge)
July 2, 2012 158 Opinion or Order of the Court ORDER granting in part plaintiff's 148 Ex Parte Application to Withdraw Damages Claims, setting bench trial, overruling objections to exhibits, and supplemental order on motions in limine. Signed by Judge Larry Alan Burns on 7/2/12. (kaj)
June 6, 2012 145 Opinion or Order of the Court ORDER on Motions in Limine. The Motion to Exclude Certain of Plaintiff's Pretrial Exhibits 121 is GRANTED IN PART. The Motion to Exclude or Prevent Defense Counsel from Making Disparaging Remarks Against McIver 122 is DENIED as moot. The cou rt RESERVES ruling on the Motion to Exclude or Prevent Defendants from Offering Irrelevant/Prejudicial Evidence 123 . No later than June 22, 2012, the parties may file supplemental briefing, not to exceed five pages. The Motion to Exclude Evidence R egarding Defendants' Good Faith Efforts to Remove Barriers 124 is DENIED. The Motion to Exclude Evidence Regarding Amount of Statutory Damages 125 is DENIED. The Motion to Preclude Certain Testimony by Plaintiff 126 is DENIED. The Motion t o Exclude Evidence Regarding Inference Not Supported by the Record and Prevent Defendant[s] from Using Physical Objects Not Received in Evidence 127 is too vague and speculative and, as such, is DENIED. The Court RESERVES ruling on the Motion to Ex clude Barriers 128 , 129 . The Court RESERVES ruling on the Motion to Exclude Evidence or Testimony re Toilet Tissue Dispenser 130 . Each side may file a brief not exceeding two pages on the issue of Defendants' right to elect either the 1991 or the 2010 ADAAG. The joint motion for leave to file an answer to the first amended complaint 115 is GRANTED. The answer 117 is accepted as filed. Signed by Judge Larry Alan Burns on 6/6/12. (kaj)
August 11, 2011 105 Opinion or Order of the Court ORDER denying 101 Motion to Quash deposition subpoena to Kelissa Griffin. Following an evidentiary hearing, for the reasons expressed in the attached Order, the Motion is denied. Signed by Magistrate Judge Mitchell D. Dembin on 8/11/2011. (Dembin, Mitchell)
July 15, 2011 100 Opinion or Order of the Court ORDER on 94 Joint Motion for Determination of Discovery Dispute. As provided herein, Plaintiff must provide responses to Requests for Admission and Requests for Production of Documents within 30 days. Signed by Magistrate Judge Mitchell D. Dembin on 7/15/2011. (Dembin, Mitchell)
April 19, 2011 91 Opinion or Order of the Court ORDER granting 85 Motion to Amend/Correct Amended Pleadings due by 4/22/2011.The hearing on calendar for 4/25/2011 is vacated. Signed by Judge Larry Alan Burns on 4/18/11. (rlu)

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Search for this case: McIver v. Pacific Carmel Mountain Holdings, LP et al
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Plaintiff: Larry McIver
Represented By: Lynn Hubbard, III
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Defendant: Pacific Carmel Mountain Holdings, LP
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Defendant: Michael's Stores, Inc.
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Defendant: St. Mar Enterprises
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Defendant: TSA Stores, Inc.
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Defendant: Marshalls of CA, LLC
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Defendant: Ross Dress for Less, Inc.
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Defendant: Sears, Roebuck & Co.
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Defendant: Courtyard Holdings, LP
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Defendant: Coastline Food Services Corp.
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Defendant: Borders, Inc.
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Defendant: Costco Wholesale Corporation
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Defendant: Ben Tipp Testamentary - Gateway, LLC
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Defendant: Party City of San Diego, Inc.
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