Velez v. Breakfast Republic East Village, LLC et al

Justia Dockets & Filings Ninth Circuit California Southern District Velez v. Breakfast Republic East Village, LLC et al

Velez v. Breakfast Republic East Village, LLC et al

Plaintiff:	Jose Velez
Defendant:	Does 1-10, Valley Ho Hotels, Inc., Cloghan Concepts, LLC, CA Breakfast Republic, Inc and Breakfast Republic East Village, LLC
Case Number:	3:2018cv01901
Filed:	August 15, 2018
Court:	US District Court for the Southern District of California
Office:	San Diego Office
County:	XX US, Outside State
Presiding Judge:	Barry Ted Moskowitz
Referring Judge:	Bernard G Skomal
Nature of Suit:	Civil Rights: Americans with Disabilities - Other
Cause of Action:	42 U.S.C. § 12101
Jury Demanded By:	Defendant

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Docket Report

This docket was last retrieved on November 4, 2019. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 22, 2019	Filing 46 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 11/4/2019 01:30 PM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 7/22/2019.(All non-registered users served via U.S. Mail Service)(sjm)
July 17, 2019	Filing 45 ANSWER to #44 Amended Complaint by Cloghan Concepts, LLC. (Attachments: #1 Proof of Service Proof of Service)(Poole, Ross) (sjm).
June 25, 2019	Filing 44 SECOND AMENDED COMPLAINT against Cloghan Concepts, LLC, Does 1-10, filed by Jose Velez. (sjm)
June 10, 2019	Filing 43 ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND re #11 Motion to Dismiss for Failure to State a Claim; granting #11 Motion to Dismiss for Lack of Jurisdiction. Should Plaintiff decide to file a Second Amended Complaint, he must do so on or before July 12, 2019. If Plaintiff fails to file a Second Amended Complaint by July 12, 2019, a final judgment will be entered dismissing the case. Signed by Judge Barry Ted Moskowitz on 6/10/2019. (All non-registered users served via U.S. Mail Service)(sjm)
January 28, 2019	Filing 42 ORDER GRANTING JOINT MOTION FOR DISMISSAL PURSUANT TO F.R.CIV.P. 41 (a)(1) as to Plaintiff, Jose Velez, and Defendant, Valley Ho Hotels, Inc.. Signed by Judge Barry Ted Moskowitz on 1/28/2019. (All non-registered users served via U.S. Mail Service)(sjm)
January 7, 2019	Filing 41 ORDER Vacating Settlement Disposition Conference. In light of Defendant Valley Ho Hotels, Inc. and Plaintiff Velez's filing of a Joint Motion for Dismissal (ECF No. 40) on 1/4/2019, the Settlement Disposition Conference set for 1/25/2019 is vacated. Signed by Magistrate Judge Bernard G. Skomal on 1/7/2019.(All non-registered users served via U.S. Mail Service)(rmc)
January 4, 2019	Filing 40 Joint MOTION to Dismiss by Valley Ho Hotels, Inc.. (Attachments: #1 Proof of Service)(Boehmer, Steven) (rmc).
December 18, 2018	Filing 39 DECLARATION of Service by Defendant Cloghan Concepts, LLC. (Poole, Ross) (sjm).
December 17, 2018	Filing 38 ORDER. Denying #3 Motion to Dismiss for Lack of Jurisdiction; Denying #14 Motion for telephonic appearance; Denying as moot #25 Motion to Dismiss; Denying #27 Motion for telephonic appearance; Granting in part and denying in part #29 Motion for Leave to File Documents; Granting in part and denying in part #31 Motion for Leave to File Response in Opposition; Plaintiff's responses at ECF No. #19 and {21} are the operative pleadings. The subsequently filed Consolidated Response is stricken as Duplicative. Signed by Judge Barry Ted Moskowitz on 12/17/2018. (All non-registered users served via U.S. Mail Service)(sjm)
December 17, 2018	Filing 37 ORDER GRANTING JOINT MOTION TO DISMISS re #17 Joint MOTION to Dismiss Party filed by CA Breakfast Republic, Inc, Breakfast Republic East Village, LLC. Signed by Judge Barry Ted Moskowitz on 12/17/2018.(All non-registered users served via U.S. Mail Service)(sjm)
December 17, 2018	Filing 36 ORDER. Status Conference set for 2/14/2019 11:00 AM before Judge Barry Ted Moskowitz. Signed by Judge Barry Ted Moskowitz on 12/17/2018.(All non-registered users served via U.S. Mail Service)(sjm)
December 14, 2018	Filing 35 MINUTE ORDER, Motions Submitted #9 MOTION to Dismiss for Failure to State a Claim and for lack of subject matter jurisdiction (no document attached) (rfm)
December 13, 2018	Filing 34 Order Scheduling Settlement Disposition Conference. Joint Motion for Dismissal due: 1/24/2019. If a Joint Motion for Dismissal and Proposed Order for Dismissal are not submitted by 1/24/2019, then a Settlement Disposition Conference shall be held. Settlement Disposition Conference set for 1/25/2019 10:00 AM before Magistrate Judge Bernard G. Skomal.. Signed by Magistrate Judge Bernard G. Skomal on 12/13/2018.(All non-registered users served via U.S. Mail Service)(sjm)
December 13, 2018	Filing 32 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document Nunc Pro Tunc 11/14/2018 : Consolidated Response to Motions to Dismiss ECF Nos 3, 6, 9, 11, from Plaintiff Jose Velez. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. Signed by Judge Barry Ted Moskowitz on 12/12/2018.(All non-registered users served via U.S. Mail Service)(sjm)
December 13, 2018	Filing 30 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document Nunc Pro Tunc 12/11/2018 : Verified Motion for Leave to File Response in Opposition to Defendants' Motions to Dismiss, from Plaintiff Jose Velez. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. Signed by Judge Barry Ted Moskowitz on 12/12/2018.(All non-registered users served via U.S. Mail Service)(sjm)
December 13, 2018	Filing 28 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document Nunc Pro Tunc 11/28/2018 : Motion for Leave to File Documents, from Plaintiff Jose Velez. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Signed by Judge Barry Ted Moskowitz on 12/12/2018.(All non-registered users served via U.S. Mail Service)(sjm)
December 13, 2018	Filing 26 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document Nunc Pro Tunc 11/14/2018: Motion for Telephonic Appearance, from Plaintiff Jose Velez. Non-compliance with local rule(s), Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Signed by Judge Barry Ted Moskowitz on 12/12/2018.(All non-registered users served via U.S. Mail Service)(sjm)
December 13, 2018	Filing 24 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document Nunc Pro Tunc 11/6/2018 : Motion to Dismiss with Prejudice as to Co-Defendant Breakfast Repulic East Village, LLC, and Co-Defendant CA Breakfast Republic, Inc, from Plaintiff Jose Velez. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Signed by Judge Barry Ted Moskowitz on 12/3/2018.(All non-registered users served via U.S. Mail Service)(sjm)
December 11, 2018	Filing 31 MOTION for Leave to File Response in Opposition to Defendants' Motions to Dismiss, by Jose Velez. (sjm)
December 10, 2018	Filing 23 NOTICE of Settlement by Valley Ho Hotels, Inc. (Attachments: #1 Proof of Service)(Cirina, Margaret) (sjm).
December 10, 2018	Filing 22 DECLARATION re #16 Reply to Response to Motion Proof of Service by Defendant Cloghan Concepts, LLC. (Poole, Ross) (sjm).
December 10, 2018	Filing 20 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document Nunc Pro Tunc 10/29/2018 : Response in Opposition, from Plaintiff Jose Velez. Non-compliance with local rule(s), Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, Civ. L. Rule 7.1: Missing table of contents. Signed by Judge Barry Ted Moskowitz on 12/3/2018.(All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (sjm)
December 10, 2018	Filing 18 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document Nunc Pro Tunc 10/29/2018 : Response in Opposition, from Plaintiff Jose Velez. Non-compliance with local rule(s), Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, Civ. L. Rule 7.1: Missing table of contents. Signed by Judge Barry Ted Moskowitz on 12/3/2018.(All non-registered users served via U.S. Mail Service)(sjm)
December 7, 2018	Filing 17 Joint MOTION to Dismiss Party by Breakfast Republic East Village, LLC, CA Breakfast Republic, Inc. (Attachments: #1 Proof of Service)(Elia, Steven) (sjm).
December 7, 2018	Filing 16 REPLY to Response to Motion re #11 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Cloghan Concepts, LLC. (Poole, Ross) (sjm).
November 28, 2018	Filing 29 MOTION for Leave to File Documents by Jose Velez. (sjm) Modified on 12/13/2018 (sjm).
November 14, 2018	Filing 33 * DOCUMENT STRIKEN PER ECF No. #38 ORDER * CONSOLIDATED RESPONSE in Opposition re #6 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rules 12(b)(6) and 12(b)(1), #3 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , #11 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Failure to State a Claim and for lack of subject matter jurisdiction filed by Jose Velez. (sjm) Modified on 12/18/2018 (sjm).
November 14, 2018	Filing 27 MOTION for Telephonic Appearance of Plaintiff at the Motion to Dismiss Calendared For December 14, 2018 at 11:00a.m. by Jose Velez. (sjm)
November 6, 2018	Filing 25 MOTION to Dismiss with Prejudice as to Co-Defendant Breakfast Republic East Village, LLC, and Co-Defendant CA Breakfast Republic, Inc by Jose Velez. (sjm)
October 30, 2018	Filing 15 ORDER SETTING NEW HEARING DATE FOR DEFENDANT'S MOTION TO DISMISS AND DENYING PREVIOUS MOTION TO DISMISS re ECF Nos #6 and #9 Hearing date scheduled for 11/9/2018 at 11:00 a.m. is continued to 12/14/2018 at 11:00 a.m. before Judge Barry Ted Moskowitz. Signed by Judge Barry Ted Moskowitz on 10/30/2018. (All non-registered users served via U.S. Mail Service)(sjm)
October 29, 2018	Filing 21 RESPONSE in Opposition re #9 MOTION to Dismiss for Failure to State a Claim and for lack of subject matter jurisdiction filed by Jose Velez. (sjm)
October 29, 2018	Filing 19 RESPONSE in Opposition re #11 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Jose Velez. (sjm)
October 29, 2018	Filing 14 MOTION for telephonic appearance of Plaintiff at the Motion to Dismiss calendared for November 9, 2018, by Jose Velez. (sjm)
October 29, 2018	Filing 13 DECLARATION re #11 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Declaration of Electronic Service by Defendant Cloghan Concepts, LLC. (Poole, Ross) (sjm).
October 29, 2018	Filing 12 DECLARATION re #11 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Declaration of Service by Mail by Defendant Cloghan Concepts, LLC. (Poole, Ross) (sjm).
October 26, 2018	Filing 11 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Cloghan Concepts, LLC. (Attachments: #1 Memo of Points and Authorities ISO Motion to Dismiss Amended Complaint)(Poole, Ross) Q.C. Mailer regarding submission of certificate of service (sjm).
October 24, 2018	Filing 10 Certificate of Service, AMENDED DOCUMENT by Valley Ho Hotels, Inc.. Amended Proof of Service. (Cirina, Margaret) incorrect event selected, edited docket text to reflect document (dlg).
October 16, 2018	Filing 9 MOTION to Dismiss for Failure to State a Claim and for lack of subject matter jurisdiction by Valley Ho Hotels, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(Boehmer, Steven) (sjm).
October 8, 2018	Filing 8 NOTICE of Appearance by Margaret Anne Cirina on behalf of Valley Ho Hotels, Inc. (Cirina, Margaret)Attorney Margaret Anne Cirina added to party Valley Ho Hotels, Inc.(pty:dft) (sjm).
October 3, 2018	Filing 7 AMENDED COMPLAINT against Breakfast Republic East Village, LLC, CA Breakfast Republic, Inc, Cloghan Concepts, LLC, Does 1-10, Valley Ho Hotels, Inc., filed by Jose Velez. (sjm)
September 20, 2018	Filing 6 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rules 12(b)(6) and 12(b)(1) by Valley Ho Hotels, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(Boehmer, Steven)Attorney Steven E Boehmer added to party Valley Ho Hotels, Inc.(pty:dft) (sjm).
September 12, 2018	Filing 5 ANSWER to #1 Complaint, with Jury Demand by Breakfast Republic East Village, LLC, CA Breakfast Republic, Inc. (Attachments: #1 Proof of Service)(Elia, Steven)Attorney Steven Anmar Elia added to party Breakfast Republic East Village, LLC (pty:dft), Attorney Steven Anmar Elia added to party CA Breakfast Republic, Inc(pty:dft) (sjm).
September 11, 2018	Filing 4 CERTIFICATE OF SERVICE by Cloghan Concepts, LLC re #3 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Poole, Ross) (sjm).
September 10, 2018	Filing 3 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Cloghan Concepts, LLC. (Attachments: #1 Memo of Points and Authorities ISO Motion to Dismiss)(Poole, Ross)Attorney Ross M Poole added to party Cloghan Concepts, LLC(pty:dft) (sjm).
August 15, 2018	Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons has been provided to plaintiffs not receiving notice electronically. (lrc) (jao).
August 15, 2018	Filing 1 COMPLAINT against Breakfast Republic East Village, LLC, CA Breakfast Republic, Inc, Cloghan Concepts, LLC, Does 1-10, Valley Ho Hotels, Inc. ( Filing fee $ 400 receipt number CAS103296.), filed by Jose Velez. (Attachments: #1 Civil Cover Sheet, #2 Receipt)The new case number is 3:18-cv-1901-BTM-BGS. Judge Barry Ted Moskowitz and Magistrate Judge Bernard G. Skomal are assigned to the case.(lrc) (jao).

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Search for this case: Velez v. Breakfast Republic East Village, LLC et al
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Defendant: Does 1-10
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Defendant: Valley Ho Hotels, Inc.
Represented By:	Margaret Anne Cirina
Represented By:	Steven E Boehmer
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Defendant: Cloghan Concepts, LLC
Represented By:	Ross M Poole
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Defendant: CA Breakfast Republic, Inc
Represented By:	Steven Anmar Elia
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Defendant: Breakfast Republic East Village, LLC
Represented By:	Steven Anmar Elia
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Plaintiff: Jose Velez
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