Rutherford et al v. Evans Hotels, LLC et al
Plaintiff: James Rutherford and The Association 4 Equal Access
Defendant: DOES 1 to 50 and Evans Hotels, LLC
Case Number: 3:2018cv00435
Filed: February 26, 2018
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Michael S Berg
Referring Judge: Janis L Sammartino
2 Judge: Nita L Stormes
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 12188
Jury Demanded By: Both
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Docket Report

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Date Filed Document Text
July 16, 2019 Opinion or Order Filing 79 ORDER granting #77 Elizabeth A. Wagner's Motion to Withdraw as counsel of record for Plaintiffs. Signed by Judge Janis L. Sammartino on 7/16/2019. (jpp)
July 16, 2019 Filing 78 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Evidentiary Hearing) held on 7/1/2019 before Judge Janis L. Sammartino. Court Reporter/Transcriber: Frank J. Rangus. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/6/2019. Redacted Transcript Deadline set for 8/16/2019. Release of Transcript Restriction set for 10/15/2019. (akr)
July 12, 2019 Filing 77 MOTION to Withdraw as Attorney of Elizabeth A. Wagner by James Rutherford, The Association 4 Equal Access. (Wagner, Elizabeth) (jpp).
July 1, 2019 Filing 76 Joint Exhibit List (acr)
July 1, 2019 Filing 75 Joint Witness List (acr)
July 1, 2019 Filing 74 Minute Order for proceedings held before Judge Janis L. Sammartino: Evidentiary Hearing held on 7/1/2019; Witnesses sworn and testified; Exhibits marked and received. Transcript of the proceedings by 7/15/2019; Supplemental Briefs by 8/5/2019; Responsive Briefs by 8/19/2019; Written Closing Statements/Arguments by 8/26/2019. Parties shall follow page limitation in accordance to the Local Rules of this District (Court Reporter/ECR Frank Rangus / CRD A Ramos / Plaintiff Attorney Joseph R. Manning / Defendant Attorney Nadia Parra Bermudez) (no document attached) (acr)
June 30, 2019 Filing 73 MOTION to Preclude In Limine to exclude Evidence Disputing Admitted Facts re #66 Order, Set Hearings by James Rutherford, The Association 4 Equal Access. (Attachments: #1 Exhibit)(Manning, Joseph)(jrm).
June 28, 2019 Filing 72 REQUEST FOR JUDICIAL NOTICE by Evans Hotels, LLC re #68 Trial Brief RE EVIDENTIARY HEARING (Attachments: #1 Proof of Service)(Bermudez, Nadia) (jrm).
June 28, 2019 Filing 71 RESPONSE in Opposition re #60 MOTION to Supplement Brief re Opposition to Class Action and Reopen Class Discovery if Necessary filed by James Rutherford, The Association 4 Equal Access. (Attachments: #1 Declaration In Support of Oppositon to ex parte Motion, #2 Exhibit A to Declaration of Joseph R Manning Jr)(Manning, Joseph) (jrm).
June 25, 2019 Filing 70 NOTICE of Lodgment by James Rutherford, The Association 4 Equal Access Plaintiff's Notice of Lodging Supplemental Authority in Support of Brief Regarding Standing (Manning, Joseph) (jpp).
June 20, 2019 Filing 69 TRIAL BRIEF EVIDENTIARY HEARING BRIEF by James Rutherford, The Association 4 Equal Access. (Manning, Joseph) (jpp).
June 20, 2019 Filing 68 TRIAL BRIEF EVIDENTIARY HEARING BRIEF by Evans Hotels, LLC. (Attachments: #1 Proof of Service)(Bermudez, Nadia) (jpp).
June 20, 2019 Filing 67 Joint Witness and Exhibit List by Evans Hotels, LLC. (Bermudez, Nadia) (jpp).
May 24, 2019 Opinion or Order Filing 66 ORDER setting Evidentiary Hearing for 7/1/2019 at 9:00am. (ECF Nos. #59 , #62 , #63 ). Signed by Judge Janis L. Sammartino on 5/24/2019.(jpp)
May 21, 2019 Opinion or Order Filing 65 ORDER setting Telephonic Case Management Conference set for 8/22/2019 at 11:30am. Signed by Magistrate Judge Michael S. Berg on 5/21/2019.(jpp)
May 21, 2019 Filing 64 Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: (T)Case Management Conference was held on 5/21/2019. Order to follow. (Plaintiff Attorneys Matthew M. Locker; Elizabeth A. Wagner). (Defendant Attorney Nadia P. Bermudez). (no document attached) (dxm)
May 20, 2019 Filing 63 RESPONSE TO ORDER TO SHOW CAUSE by Evans Hotels, LLC re #62 Response to Order to Show Cause,. (Attachments: #1 Declaration Declaration of Nadia P. Bermudez in Support of Defendant Evans Hotels, LLC's Response to Plaintiffs' Statement of Cause Regarding Article III Standing, #2 Exhibit Ex A to Dec N. Bermudez ISO Response to Plaintiffs' Stmt of Cause Re Article III Standing, #3 Request for Judicial Notice Defendant Evans Hotels, LLC's Objection to Plaintiffs' Statement of Cause Regarding Article III Standing, #4 Proof of Service Certificate of Service)(Bermudez, Nadia) (jpp).
May 13, 2019 Filing 62 RESPONSE TO ORDER TO SHOW CAUSE by James Rutherford, The Association 4 Equal Access re #59 Order on Motion to Strike,. (Attachments: #1 Request for Judicial Notice, #2 Exhibit RJN Exhibit No. 1, #3 Exhibit RJN Exhibit No. 2, #4 Exhibit RJN Exhibit No. 3, #5 Declaration Declaration of James Rutherford, #6 Proof of Service)(Manning, Joseph) (jpp).
May 13, 2019 Filing 61 Amended ANSWER to #21 Amended Complaint by Evans Hotels, LLC.(Casillas, Lindsey) (jpp).
May 9, 2019 Filing 60 MOTION to Supplement Brief re Opposition to Class Action and Reopen Class Discovery if Necessary by Evans Hotels, LLC. (Attachments: #1 Declaration of Nadia P. Bermudez in Support of Ex Parte Motion to File a Supplemental Brief re Opposition to Class Action and Reopen Class Discovery if Necessary)(Bermudez, Nadia) (jpp).
April 29, 2019 Opinion or Order Filing 59 ORDER granting in part and denying in part #26 Plaintiffs' Motion to Strike, (and (2) For Plaintiffs to Show Cause why this action should not be dismissed for lack of standing and subject-matter jurisdiction. Signed by Judge Janis L. Sammartino on 4/29/2019. (jpp)
April 5, 2019 Opinion or Order Filing 58 ORDER Setting Telephonic Case Management Conference. A telephonic attorneys-only Case Management Conference is set for 5/21/2019 at 09:00 AM before Magistrate Judge Michael S. Berg. Signed by Magistrate Judge Michael S. Berg on 4/5/2019.(aef)
March 5, 2019 Filing 57 NOTICE OF WITHDRAWAL OF DOCUMENT by James Rutherford re #54 Notice of Change of Address filed by James Rutherford . (Manning, Joseph)(jpp).
March 4, 2019 Filing 56 NOTICE of Change of Address by Joseph R. Manning, Jr (Manning, Joseph) (jpp).
March 4, 2019 Filing 55 NOTICE of Errata and Withdrawal by James Rutherford re #54 Notice of Change of Address (Manning, Joseph) (jpp).
February 22, 2019 Filing 54 WITHDRAWN PER #57 - NOTICE of Change of Address by Joseph R. Manning, Jr (Manning, Joseph) (jpp).
February 15, 2019 Opinion or Order Filing 53 ORDER vacating hearing on #45 set for 2/21/2019 and taking matter under submission without oral argument. Signed by Judge Janis L. Sammartino on 2/15/2019.(jpp)
February 14, 2019 Filing 52 REPLY to Response to Motion re #45 MOTION to Certify Class filed by James Rutherford, The Association 4 Equal Access. (Attachments: #1 Proof of Service)(Kazerounian, Abbas) (jpp).
February 13, 2019 Opinion or Order Filing 51 ORDER regarding #47 Joint Motion for determination of Discovery dispute re: Plaintiffs' expert report. Signed by Magistrate Judge Michael S. Berg on 2/13/2019. (jpp)
February 8, 2019 Filing 50 Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: (T) Discovery Conference was held on 2/8/2019. Order to follow. (Plaintiff Attorneys Matthew M. Loker; Elizabeth A. Wagner). (Defendant Attorney Nadia P. Bermudez). (no document attached) (dxm)
February 7, 2019 Filing 49 RESPONSE in Opposition re #45 MOTION to Certify Class filed by Evans Hotels, LLC. (Attachments: #1 Declaration Nadia Bermudez, #2 Declaration Kimberley Guillermo, #3 Declaration Andy Thomas, #4 Declaration Diane Koczur, #5 Request for Judicial Notice, #6 Proof of Service)(Bermudez, Nadia) (acc).
February 6, 2019 Opinion or Order Filing 48 ORDER setting Telephonic Discovery Conference for 2/8/2019 at 3:30pm. Signed by Magistrate Judge Michael S. Berg on 2/06/2019.(jpp)
January 17, 2019 Filing 47 Joint MOTION for Discovery Determination of Discovery Dispute re Plaintiffs' Untimely Expert Report by Evans Hotels, LLC. (Attachments: #1 Declaration of Nadia P. Bermudez in Support of Evans Hotels, LLC Posiiton Statement re Plaintiffs' Untimely Expert Report, #2 Declaration of Lindsey N. Casillas in Compliance with Meet and Confer Requirements, #3 Declaration of Matther M. Loker in Support of Plaintiffs' Motion for Determination of Discovery Dispute)(Casillas, Lindsey) (jpp).
January 17, 2019 Filing 46 NOTICE of Appearance by Lindsey Nicole Casillas on behalf of Evans Hotels, LLC (Casillas, Lindsey)Attorney Lindsey Nicole Casillas added to party Evans Hotels, LLC(pty:dft) (jpp).
January 10, 2019 Filing 45 MOTION to Certify Class by James Rutherford, The Association 4 Equal Access. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of James Rutherford, #3 Exhibit 1 - Excerpts from Deposition of James Rutherford, #4 Exhibit 2 - Excerpts from Deposition of The Association 4 Equal Access, #5 Declaration of Abbas Kazerounian, Esq., #6 Exhibit 3 - Defendant Evans Hotels LLC's Responses to Plaintiffs' Requests for Admissions, Set One, #7 Exhibit 4 - Defendant Evans Hotels LLC's Responses to Plaintiffs' Interrogatories, Set Two, #8 Exhibit 5 - Excerpts from Deposition of Kimberly Guillermo, #9 Exhibit 6 - Excerpts from Deposition of Thomas Mohrlock, #10 Exhibit 7 - Excerpts from Federal Rule of Civil Procedure 30(b)(6) Deposition of Diane Koczur, #11 Exhibit 8 - Excerpts from Individual Deposition of Diane Koczur, #12 Exhibit 9 - Excerpts from Federal Rule of Civil Procedure 30(b)(6) Deposition of Andrew Thomas, #13 Declaration of Matthew M. Loker, Esq., #14 Declaration of Joshua B. Swigart, Esq., #15 Proof of Service)(Kazerounian, Abbas)Attorney Abbas Kazerounian added to party James Rutherford(pty:pla), Attorney Abbas Kazerounian added to party The Association 4 Equal Access (pty:pla) (jpp).
December 13, 2018 Filing 44 STATUS REPORT re: Resolution of Discovery Dispute regarding Third-Party Deposition of Patricia Filardi by James Rutherford, The Association 4 Equal Access. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proof of Service)(Loker, Matthew) (jpp).
December 11, 2018 Opinion or Order Filing 43 ORDER Granting in part and Denying in part #40 Plaintiffs' Ex Parte Motion to Continue Class Certification Filing Deadline. The Rule 30(b)(6) depositions are to be completed by December 21, 2018. Any motion for class certification must be filed on or before January 10, 2019. The parties are to contact the chambers of Judge Berg within three court days of the District Judge's ruling on the motion or class certification to schedule a Case Management Conference. Signed by Magistrate Judge Michael S. Berg on 12/11/2018. (aef)
December 10, 2018 Opinion or Order Filing 42 Minute Order by Magistrate Judge Michael S. Berg: On December 6, 2018, Plaintiffs filed an Ex Parte Motion to Continue Deadline for Plaintiffs to File Plaintiffs Motion for Class Certification [ECF No. 40]. The Court continues the class certification filing deadline from December 10, 2018, until January 10, 2019. Written order to follow. Signed by Magistrate Judge Michael S. Berg on December 10, 2018.(no document attached) (dxm)
December 10, 2018 Filing 41 RESPONSE in Opposition re #40 Ex Parte MOTION to Continue Plaintiffs' Deadline to File Plaintiffs' Motion for Class Certification filed by Evans Hotels, LLC. (Attachments: #1 Declaration)(Bermudez, Nadia) (aef).
December 6, 2018 Filing 40 Ex Parte MOTION to Continue Plaintiffs' Deadline to File Plaintiffs' Motion for Class Certification by James Rutherford, The Association 4 Equal Access. (Attachments: #1 Declaration of Matthew M. Loker, #2 Exhibit 1 re Declaration of Matthew M. Loker, #3 Exhibit 2 re Declaration of Matthew M. Loker, #4 Exhibit 3 re Declaration of Matthew M. Loker, #5 Exhibit 4 re Declaration of Matthew M. Loker, #6 Exhibit 5 re Declaration of Matthew M. Loker, #7 Exhibit 6 re Declaration of Matthew M. Loker, #8 Exhibit 7 re Declaration of Matthew M. Loker, #9 Exhibit 8 re Declaration of Matthew M. Loker, #10 Exhibit 9 re Declaration of Matthew M. Loker, #11 Exhibit 10 re Declaration of Matthew M. Loker, #12 Exhibit 11 re Declaration of Matthew M. Loker, #13 Exhibit 12 re Declaration of Matthew M. Loker, #14 Exhibit 13 re Declaration of Matthew M. Loker, #15 Exhibit 14 re Declaration of Matthew M. Loker, #16 Proof of Service)(Loker, Matthew) (jpp).
November 29, 2018 Opinion or Order Filing 39 ORDER re #36 discovery dispute on Plaintiff's proposed Rule 30(b)(6) deposition topics. Signed by Magistrate Judge Michael S. Berg on 11/28/2018. (jpp)
November 27, 2018 Filing 38 NOTICE of Supplemental Authority by James Rutherford, The Association 4 Equal Access re #26 MOTION to Strike Defendant Evans Hotels, LLC's Affirmative Defenses (Attachments: #1 Exhibit 1, #2 Proof of Service)(Loker, Matthew) (jpp).
November 14, 2018 Filing 37 RESPONSE re #35 Order,,, regarding Defendant Evans Hotels, LLC's Objections to Plaintiffs' Federal Rule Civil Procedure 30(b)(6) Deposition Topics filed by James Rutherford, The Association 4 Equal Access. (Attachments: #1 Proof of Service)(Loker, Matthew) (jpp).
November 14, 2018 Filing 36 MOTION for Discovery Defendant's Brief Regarding Discovery Dispute on Plaintiff's Proposed Rule 30(b)(6) Topics for Deposition by Evans Hotels, LLC. (Bermudez, Nadia) (jpp).
November 9, 2018 Opinion or Order Filing 35 Minute Order: On November 6, 2018, this case was transferred from the calendar of the Honorable Bernard G. Skomal to the calendar of the Honorable Michael S. Berg for all further proceedings [ECF No. #34 ]. The same day, attorneys Matthew Locker and Nadia Bermudez jointly contacted the Court regarding a discovery dispute.In regard to the dispute, the Court ORDERS the parties to file their respective briefs not to exceed five (5) pages by November 14, 2018, at 5:00 p.m. The page limit includes all exhibits, declarations, and other items referenced in the parties supporting filing. Failure to comply with the page limitation will result in any excess pages being stricken or disregarded.The Court will schedule a discovery hearing, if appropriate. Absent further order, the Court will issue a written order. See S.D. Cal. Civ. R. 7.1(d)(1).. Signed by Magistrate Judge Michael S. Berg on 11/9/2018.(anh)
November 6, 2018 Opinion or Order Filing 34 ORDER OF TRANSFER. Magistrate Judge Bernard G. Skomal is no longer assigned. Case reassigned to Magistrate Judge Michael S. Berg for all further proceedings. The new case number is 18CV0435-JLS(MSB). Signed by Magistrate Judge Bernard G. Skomal on 11/06/2018.(jpp)
November 6, 2018 Filing 33 NOTICE of Vacated Hearing: The TELEPHONIC Discovery Conference set for November 6, 2018 at 3:30 PM before Magistrate Judge Bernard G. Skomal is VACACTED due to the reassignment of this matter to a new Magistrate Judge. Court to issue transfer order. Once the transfer order issues, the parties are to contact the chambers of the newly assigned Magistrate Judge. (no document attached) (ad1)
November 2, 2018 Filing 32 NOTICE of Hearing: On November 2, 2018, the parties jointly contacted the chambers of Judge Skomal regarding a potential discovery dispute stemming from a Rule 30(b)(6) deposition. Accordingly, a TELEPHONIC Discovery Conference is set for November 6, 2018 at 3:30 PM before Magistrate Judge Bernard G. Skomal to address the parties' positions. Defense counsel is responsible for initiating a JOINT call into chambers at (619) 557-2993 at that time. (no document attached) (ad1)
October 18, 2018 Filing 31 REPLY to Response to Motion re #26 MOTION to Strike Defendant Evans Hotels, LLC's Affirmative Defenses filed by James Rutherford, The Association 4 Equal Access. (Attachments: #1 Declaration of Matthew M. Loker, #2 Exhibit 1, #3 Proof of Service)(Loker, Matthew) (aef).
October 17, 2018 Opinion or Order ORDER Vacating Hearing and Taking Matter Under Submission Without Oral Argument. Signed by Judge Janis L. Sammartino on 10/17/2018.(no document attached) (acc)
October 11, 2018 Filing 30 RESPONSE in Opposition re #26 MOTION to Strike Defendant Evans Hotels, LLC's Affirmative Defenses filed by Evans Hotels, LLC. (Attachments: #1 Declaration, #2 Request for Judicial Notice, #3 Proof of Service)(Gulley, Charles) (anh).
September 21, 2018 Opinion or Order Filing 29 ORDER granting in part #27 Joint Motion to Continue and Amend Scheduling Order. Telephonic, attorney's only Statute Conference set for 2/13/2019 at 10:00am. Signed by Magistrate Judge Bernard G. Skomal on 9/21/2018. (jpp)
September 19, 2018 Filing 28 CERTIFICATE OF SERVICE by Evans Hotels, LLC re #27 Joint MOTION to Continue and Amend Scheduling Order Continuing Discovery Cutoff and Motion for Class Certification Deadlines for 30 Days (Bermudez, Nadia) (jpp).
September 19, 2018 Filing 27 Joint MOTION to Continue and Amend Scheduling Order Continuing Discovery Cutoff and Motion for Class Certification Deadlines for 30 Days by Evans Hotels, LLC. (Attachments: #1 Declaration of Nadia Bermudez)(Bermudez, Nadia) (jpp).
August 30, 2018 Filing 26 MOTION to Strike Defendant Evans Hotels, LLC's Affirmative Defenses by James Rutherford, The Association 4 Equal Access. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Loker, Matthew) (mpl).
August 23, 2018 Opinion or Order Filing 25 Minute Order by Magistrate Judge Bernard G. Skomal: The parties jointly contacted the chambers of Judge Skomal to request a 2-week tolling of the 30-day discovery dispute deadline regarding their dispute as to whether Defendant must categorize its responses to Plaintiff's RFPs and interrogatories by date range and responsiveness. The parties' request is GRANTED and the deadline to raise a discovery dispute with the Court regarding this issue is tolled until September 6, 2018. Signed by Magistrate Judge Bernard G. Skomal on August 23, 2018.(ad1)
August 21, 2018 Filing 24 Minute Entry for proceedings held before the chambers of Magistrate Judge Bernard G. Skomal: On August 21, 2018, counsel for the parties jointly contacted the chambers of Judge Skomal to request the tolling of the 30-day discovery dispute deadline in regards to Defendants responses to written discovery requests received by Plaintiffs on July 23, 2018. The parties are directed to meet and confer regarding their disputes, identify any outstanding disputes, and jointly contact the chambers of Judge Skomal no later than the close of business on Thursday, August 23, 2018 to request a tolling of the 30-day discovery dispute deadline. (Plaintiff Attorney Matthew M. Loker). (Defendant Attorney Nadia Parra Bermudez). (no document attached) (ad1)
August 15, 2018 Opinion or Order Filing 23 AMENDED SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings: A telephonic attorneys-only Status Conference is set for 1/16/2019 at 10:00 AM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 8/15/2018.(mpl)
August 10, 2018 Filing 22 ANSWER to #21 Amended Complaint by Evans Hotels, LLC. (Attachments: #1 Proof of Service)(Gulley, Charles) (mpl).
July 27, 2018 Filing 21 AMENDED COMPLAINT with Jury Demand against Evans Hotels, LLC, filed by James Rutherford, The Association 4 Equal Access. (Attachments: #1 Proof of Service) (Loker, Matthew) (mpl).
July 13, 2018 Opinion or Order Filing 20 ORDER Granting #12 Motion for Leave to File Second Amended Complaint. Signed by Judge Janis L. Sammartino on 7/13/2018. (mpl)
July 12, 2018 Opinion or Order Filing 19 ORDER Vacating Hearing re #12 MOTION for Leave to File Second Amended Complaint. Signed by Judge Janis L. Sammartino on 7/12/2018.(mpl)
July 12, 2018 Filing 18 REPLY to Response to Motion re #12 MOTION for Leave to File Second Amended Complaint filed by James Rutherford, The Association 4 Equal Access. (Loker, Matthew) (mpl).
July 5, 2018 Filing 17 RESPONSE in Opposition re #12 MOTION for Leave to File Second Amended Complaint filed by Evans Hotels, LLC. (Attachments: #1 Proof of Service)(Gulley, Charles) (mpl).
July 5, 2018 Filing 16 NOTICE of Appearance by Charles E. H. Gulley, III on behalf of Evans Hotels, LLC (Attachments: #1 Proof of Service)(Gulley, Charles)Attorney Charles E. H. Gulley, III added to party Evans Hotels, LLC(pty:dft) (mpl).
June 6, 2018 Opinion or Order Filing 15 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings: The Mandatory Settlement Conference is set for 6/12/2019 at 1:30 p.m. before Magistrate Judge Bernard G. Skomal. The Memorandum of Contentions of Fact and Law is due by 6/27/2019. The Proposed Pretrial Order is due by 7/18/2019. The Final Pretrial Conference is set for 7/25/2019 at 1:30 p.m. before Judge Janis L. Sammartino. Signed by Magistrate Judge Bernard G. Skomal on 6/6/2018.(mpl) Modified to correct issuing Judge on 6/7/2018 (mpl).
June 6, 2018 Filing 14 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Judge Skomal held a Case Management Conference on June 6, 2018. Court to issue a Scheduling Order. (Plaintiff Attorney Elizabeth Ann Wagner; Matthew M. Loker). (Defendant Attorney Nadia Parra Bermudez). (no document attached) (ad1)
May 30, 2018 Filing 13 JOINT DISCOVERY PLAN by James Rutherford, The Association 4 Equal Access (Attachments: #1 Proof of Service)(Loker, Matthew) (mpl).
May 15, 2018 Filing 12 MOTION for Leave to File Second Amended Complaint by James Rutherford, The Association 4 Equal Access. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Matthew M. Loker, Esq., #3 Exhibit 1 re Declaration of Matthew M. Loker, Esq., #4 Proof of Service)(Loker, Matthew) (mpl).
April 30, 2018 Opinion or Order Filing 11 Order Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Case Management Conference. A telephonic, attorneys-only Case Management Conference will be held on 6/6/2018 at 10:00 AM before Magistrate Judge Bernard G. Skomal. A Joint Discovery Plan shall be filed on the CM/ECF system as well as lodged with Magistrate Judge Skomal on or before 5/30/2018. Signed by Magistrate Judge Bernard G. Skomal on 4/30/2018.(rmc)
April 30, 2018 Filing 10 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Judge Skomal held an Early Neutral Evaluation Conference on April 30, 2018. The case did not settle. The Court to issue an Order setting Rule 26 Compliance and Notice of Case Management Conference. (Plaintiff Attorney Elizabeth Ann Wagner; Matthew M. Loker). (Defendant Attorney Nadia Parra Bermudez). (no document attached) (ad1)
April 30, 2018 Filing 9 NOTICE of Appearance by Elizabeth Ann Wagner on behalf of James Rutherford, The Association 4 Equal Access (Attachments: #1 Proof of Service)(Wagner, Elizabeth)Attorney Elizabeth Ann Wagner added to party James Rutherford(pty:pla), Attorney Elizabeth Ann Wagner added to party The Association 4 Equal Access (pty:pla) (rmc).
April 5, 2018 Opinion or Order Filing 8 ORDER Granting #7 Joint Motion to Continue Early Neutral Evaluation Conference. The telephonic, attorneys-only Early Neutral Evaluation Conference is continued to 4/30/2018 at 10:00 a.m. before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 4/5/2018. (mpl)
March 26, 2018 Filing 7 Joint MOTION to Continue Early Neutral Evaluation Conference by Evans Hotels, LLC. (Attachments: #1 Declaration Declaration of Nadia Bermudez, #2 Proof of Service Certificate of Service)(Bermudez, Nadia) (mpl).
March 20, 2018 Filing 6 NOTICE of Appearance by Matthew M. Loker on behalf of James Rutherford, The Association 4 Equal Access (Attachments: #1 Proof of Service)(Loker, Matthew)Attorney Matthew M. Loker added to party James Rutherford(pty:pla), Attorney Matthew M. Loker added to party The Association 4 Equal Access (pty:pla) (mpl).
March 16, 2018 Opinion or Order Filing 5 NOTICE AND ORDER for Early Neutral Evaluation Conference. The Early Neutral Evaluation is set for 4/25/2018 at 1:30 p.m. before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 3/16/2018.(mpl) Modified to correct hearing on 3/27/2018 (mpl).
February 28, 2018 Opinion or Order Filing 4 Minute ORDER OF RECUSAL. Magistrate Judge Nita L. Stormes is no longer assigned. Case reassigned to Magistrate Judge Bernard G. Skomal for all further proceedings. The new case number is 18cv435-JLS-BGS. Signed by Magistrate Judge Nita L. Stormes on 2/28/2018.(mpl)
February 26, 2018 Filing 3 NOTICE of Party With Financial Interest by Evans Hotels, LLC. No Parties With Financial Interest. (lrc) (jao).
February 26, 2018 Filing 2 ANSWER to State Court Complaint (Notice of Removal) by Evans Hotels, LLC. (lrc) (jao).
February 26, 2018 Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of the State of California for the County of San Diego, case number 37-2018-00002844-CU-CR-CTL. ( Filing fee $ 400 receipt number 0974-10953058.), filed by Evans Hotels, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibits, #3 Declaration)The new case number is 3:18-cv-435-JLS-NLS. Judge Janis L. Sammartino and Magistrate Judge Nita L. Stormes are assigned to the case.(lrc) (jao).

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Defendant: DOES 1 to 50
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Defendant: Evans Hotels, LLC
Represented By: Nadia Parra Bermudez
Represented By: Lindsey Nicole Casillas
Represented By: Charles E. H. Gulley, III
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Plaintiff: James Rutherford
Represented By: Joseph R. Manning, Jr.
Represented By: Elizabeth Ann Wagner
Represented By: Matthew M. Loker
Represented By: Abbas Kazerounian
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Plaintiff: The Association 4 Equal Access
Represented By: Joseph R. Manning, Jr.
Represented By: Elizabeth Ann Wagner
Represented By: Matthew M. Loker
Represented By: Abbas Kazerounian
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