Rutherford v. Suzy Q's Diner et al
Plaintiff: James Rutherford
Defendant: Does 1-10, Antonio Medina and Suzy Q's Diner
Case Number: 3:2018cv02207
Filed: September 24, 2018
Court: US District Court for the Southern District of California
Presiding Judge: Anthony J Battaglia
Referring Judge: Barbara Lynn Major
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12188
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2019 Opinion or Order Filing 24 ORDER Granting #23 Joint Motion to Dismiss. The Court hereby enters a dismissal with prejudice of Plaintiffs Complaint in the above-entitled action, in its entirety. Each party will bear his or its own costs and attorneys' fees. Signed by Judge Anthony J. Battaglia on 4/12/2019. (acc)
April 12, 2019 Filing 23 Joint MOTION to Dismiss Entire Action With Prejudice by James Rutherford. (Manning, Joseph) (acc).
March 29, 2019 Opinion or Order Filing 22 ORDER Granting #21 Joint Motion to Dismiss Without Prejudice. The Court hereby enters a dismissal without prejudice of Plaintiff's Complaint in the above-entitled action, in its entirety. Each party shall bear his or its own costs and attorneys' fees. Signed by Judge Anthony J. Battaglia on 3/29/2019. (acc) (sjt).
March 15, 2019 Filing 21 Joint MOTION to Dismiss Without Prejudice by James Rutherford. (Manning, Joseph) (ag).
March 5, 2019 Filing 20 NOTICE of Change of Address by Joseph R. Manning, Jr (Manning, Joseph) (acc).
March 5, 2019 Filing 19 NOTICE OF WITHDRAWAL OF DOCUMENT by James Rutherford re #18 Notice of Change of Address filed by James Rutherford . (Manning, Joseph) QC re: event type (acc).
February 22, 2019 Filing 18 ***WITHDRAWN PER NOTICE #19 ***NOTICE of Change of Address by Joseph R. Manning, Jr (Manning, Joseph) (Main Document 18 replaced on 2/22/2019) (acc). Modified on 3/5/2019 (acc).
February 12, 2019 Opinion or Order Filing 17 Order Scheduling Settlement Disposition Conference. Joint Motion for Dismissal due: 3/14/2019. If a Joint Motion for Dismissal and Proposed Order for Dismissal are not submitted by 3/14/2019, then a Settlement Disposition Conference shall be held. Settlement Disposition Conference set for 3/21/2019 09:30 AM in Courtroom 3A before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 2/12/2019.(acc)
February 11, 2019 Opinion or Order Filing 16 ORDER BY JUDGE BATTAGLIA: finding as moot #12 Motion to Amend/Correct, in light of the notice of settlement filed on behalf of the parties. (no document attached) (sc)
February 9, 2019 Filing 15 NOTICE of Settlement JOINT FILING by James Rutherford (Manning, Joseph) (acc).
January 18, 2019 Opinion or Order Filing 14 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #12 MOTION to File Amended Complaint: Responses due by 2/1/2019; Replies due by 2/8/2019; sur-replies will not be accepted. Motion hearing scheduled for 4/4/19 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc)
January 18, 2019 Filing 13 Amended ANSWER to #1 Complaint, by Antonio Medina, Suzy Q's Diner.(Nachand, Charles) (acc).
January 18, 2019 Filing 12 MOTION For Leave to Amend Complaint by James Rutherford (Attachments: #1 Notice, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Proof of Service)(Manning, Joseph) Modified on 1/18/2019 to correct event type (acc).
November 26, 2018 Opinion or Order Filing 11 SCHEDULING ORDER: Mandatory Settlement Conference set for 2/25/2019 01:30 PM before Magistrate Judge Barbara Lynn Major. Proposed Pretrial Order due by 10/10/2019. Final Pretrial Conference set for 10/17/2019 02:00 PM before Judge Anthony J. Battaglia. Signed by Magistrate Judge Barbara Lynn Major on 11/26/2018.(acc)
November 26, 2018 Filing 10 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: (T)Early Neutral Evaluation Conference held on 11/26/2018. Case did not settle. (T)Case Management Conference held on 11/26/2018. Order to follow. (Plaintiff Attorney Osman Taher). (Defendant Attorney Charles Nachand). (no document attached) (bxr)
November 21, 2018 Filing 9 REPORT of Rule 26(f) Planning Meeting. (Manning, Joseph) (acc).
November 15, 2018 Opinion or Order Filing 8 ORDER Resetting Telephonic Early Neutral Evaluation Conference and Case Management Conference. Telephonic Early Neutral Evaluation and Case Management Conference reset for 11/26/2018 02:30 PM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 11/15/2018.(acc)
October 25, 2018 Opinion or Order Filing 7 NOTICE AND ORDER for Early Neutral Evaluation Conference Telephonic attorneys-only Early Neutral Evaluation and Case Management Conference set for 11/28/2018 01:30 PM before Magistrate Judge Barbara Lynn Major. Joint Discovery Plan due 11/19/2018. Signed by Magistrate Judge Barbara Lynn Major on 10/25/2018.(acc)
October 24, 2018 Filing 6 CERTIFICATE OF SERVICE by Antonio Medina, Suzy Q's Diner re #5 Answer to Complaint, (Nachand, Charles)(acc).
October 23, 2018 Filing 5 ANSWER to #1 Complaint, of Defendants Suzy Q's Diner and Antonio Medina by Antonio Medina, Suzy Q's Diner.(Nachand, Charles)Attorney Charles D Nachand added to party Antonio Medina(pty:dft), Attorney Charles D Nachand added to party Suzy Q's Diner(pty:dft) QC re: s/signature and missing cert of service (acc).
October 10, 2018 Filing 4 SUMMONS Returned Executed by James Rutherford. Suzy Q's Diner served. (Manning, Joseph) (acc).
October 10, 2018 Filing 3 SUMMONS Returned Executed by James Rutherford. Antonio Medina served. (Manning, Joseph) (acc).
September 24, 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. (tcf)
September 24, 2018 Filing 1 COMPLAINT with Jury Demand against Does 1-10, Antonio Medina, Suzy Q's Diner ( Filing fee $ 400 receipt number 0974-11712532.), filed by James Rutherford. (Attachments: #1 Civil Cover Sheet)The new case number is 3:18-cv-2207-AJB-BLM. Judge Anthony J. Battaglia and Magistrate Judge Barbara Lynn Major are assigned to the case. (Manning, Joseph)(tcf)(sjt).

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Defendant: Does 1-10
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Defendant: Antonio Medina
Represented By: Charles D Nachand
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Defendant: Suzy Q's Diner
Represented By: Charles D Nachand
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Plaintiff: James Rutherford
Represented By: Joseph R. Manning, Jr.
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