This case was last updated from U.S. District Courts on 11/21/2020 at 09:06:41 (UTC).

Orlando Garcia v. Setco and Sons Inc. et al

Case Summary

On 09/22/2020 Orlando Garcia filed a Civil Right - Other Disability Discrimination lawsuit against Setco and Sons Inc. This case was filed in U.S. District Courts, California Central District. The Judges overseeing this case are Otis D. Wright, II and Rozella A. Oliver. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:20-CV-08655

  • Filing Date:

    09/22/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Disability Discrimination

  • Courthouse:

    California Central District

Judge Details

Presiding Judge

Otis D. Wright, II

Referral Judge

Rozella A. Oliver

 

Party Details

Plaintiff

Orlando Garcia

Defendants

DOES 1-10

Setco & Sons Inc.,

Setco and Sons Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Russell C Handy

Attorney at Center for Disability Access

8033 Linda Vista Road Suite 200

San Diego, CA 92111

Amanda Lockhart Seabock

Attorney at Center for Disability Access

8033 Linda Vista Road Suite 200

San Diego, CA 92111

Raymond George Ballister, Jr

Attorney at Center for Disability Access

8033 Linda Vista Road Suite 200

San Diego, CA 92111

Dennis Jay Price, II

Attorney at Center for Disability Access

8033 Linda Vista Road Suite 200

San Diego, CA 92111

Defendant Attorney

Paul Tokar

Attorney at Beitchman and Zekian PC

16130 Ventura Boulevard Suite 570

Encino, CA 91436-2581

 

Court Documents

#16

(#16) STIPULATION Extending Time to Answer the complaint as to filed by Defendant Setco & Sons Inc. Setco and Sons Inc..(Attorney Paul Tokar added to party Setco and Sons Inc.(pty:dft))(Tokar, Paul) (Entered: 10/22/2020)

#15

(#15) MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court has reviewed the Response filed by Plaintiff and Plaintiffs counsel to the Courts Order to Show Cause. The Court, in its discretion, declines to exercise supplemental jurisdiction over Plaintiffs Unruh Act and any other construction-related accessibility claim. The Court therefore dismisses any such claims without prejudice. (lc) (Entered: 10/15/2020)

14 #3

Proof of Service

14 #2

Declaration

14 #1

Declaration

#14

(#14) RESPONSE filed by Plaintiff Orlando Garciato Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #11 (Attachments: #1 Declaration, #2 Declaration, #3 Proof of Service)(Handy, Russell) (Entered: 10/13/2020)

#13

(#13) PROOF OF SERVICE Executed by Plaintiff Orlando Garcia, upon Defendant Setco and Sons Inc. served on 10/5/2020, answer due 10/26/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process: Hayk Igraryan in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell) (Entered: 10/07/2020)

#12

(#12) MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER REGARDING PROSECUTION OF CERTAIN CASES UNDER THE AMERICANS WITH DISABILITIES ACT. The Court finds that there is good cause to institute a limited scheduling order concerning basic case prosecution for cases under the Americans With Disabilities Act involving physical barriers in places of public accommodation. (SEE DOCUMENT FOR SPECIFIC ENUMERATED REQUIREMENTS AND DEADLINES THEREIN). The failure to comply with this Order in a particular case will result in a sanction of $300.00 payable to the clerk of the court within two weeks of Plaintiff being given notice of noncompliance and dismissal for lack of prosecution. The Court finds these sanctions sufficient and necessary to deter violations of the Order and to achieve timely prosecution of these cases without unnecessary intervention by the Court. (lc) (Entered: 09/30/2020)

#11

(#11) MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff is ORDERED TO SHOW CAUSE IN WRITING NO LATER THAN OCTOBER 14, 2020 why the Court should exercise supplemental jurisdiction over the Unruh Act claim and any other state law claim asserted in the Complaint. Failure to timely or adequately respond to this Order to Show Cause may, without further warning, result in the dismissal of the entire action without prejudice or the Court declining to exercise supplemental jurisdiction over the Unruh Act and other state law claims, if any, and the dismissal of that claim pursuant to 28 USC1367(c). (lc) (Entered: 09/30/2020)

#10

(#10) MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER REGARDING PROSECUTION OF CERTAIN CASES UNDER THE AMERICANS WITH DISABILITIES ACT. The Court finds that there is good cause to institute a limited scheduling order concerning basic case prosecution for cases under the Americans With Disabilities Act involving physical barriers in places of public accommodation. (SEE DOCUMENT FOR SPECIFIC ENUMERATED REQUIREMENTS AND DEADLINES THEREIN). The failure to comply with this Order in a particular case will result in a sanction of $300.00 payable to the clerk of the court within two weeks of Plaintiff being given notice of noncompliance and dismissal for lack of prosecution. The Court finds these sanctions sufficient and necessary to deter violations of the Order and to achieve timely prosecution of these cases without unnecessary intervention by the Court. (lc) (Entered: 09/25/2020)

#9

(#9) Notice to Parties: ADA Disability Access Litigation. (lc) (Entered: 09/25/2020)

#8

(#8) MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc) (Entered: 09/25/2020)

#7

(#7) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Setco and Sons Inc. (et) (Entered: 09/24/2020)

#6

(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 09/24/2020)

#5

(#5) NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Rozella A. Oliver. (et) (Entered: 09/24/2020)

#4

(#4) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Orlando Garcia. (Handy, Russell) (Entered: 09/22/2020)

#3

(#3) CERTIFICATE of Interested Parties filed by Plaintiff Orlando Garcia, (Handy, Russell) (Entered: 09/22/2020)

#1

(#1) COMPLAINT Receipt No: ACACDC-28179080 - Fee: $400, filed by plaintiff Orlando Garcia. (Attorney Russell C Handy added to party Orlando Garcia(pty:pla))(Handy, Russell) (Entered: 09/22/2020)

8 More Documents Available

 

Docket Entries

  • 10/22/2020
  • View Court Documents
  • Docket(#16) STIPULATION Extending Time to Answer the complaint as to filed by Defendant Setco & Sons Inc. Setco and Sons Inc..(Attorney Paul Tokar added to party Setco and Sons Inc.(pty:dft))(Tokar, Paul) (Entered: 10/22/2020)

    Read MoreRead Less
  • 10/15/2020
  • View Court Documents
  • Docket(#15) MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court has reviewed the Response filed by Plaintiff and Plaintiffs counsel to the Courts Order to Show Cause. The Court, in its discretion, declines to exercise supplemental jurisdiction over Plaintiffs Unruh Act and any other construction-related accessibility claim. The Court therefore dismisses any such claims without prejudice. (lc) (Entered: 10/15/2020)

    Read MoreRead Less
  • 10/13/2020
  • View Court Documents
  • Docket(#14) RESPONSE filed by Plaintiff Orlando Garciato Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #11 (Attachments: #1 Declaration, #2 Declaration, #3 Proof of Service)(Handy, Russell) (Entered: 10/13/2020)

    Read MoreRead Less
  • 10/07/2020
  • View Court Documents
  • Docket(#13) PROOF OF SERVICE Executed by Plaintiff Orlando Garcia, upon Defendant Setco and Sons Inc. served on 10/5/2020, answer due 10/26/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process: Hayk Igraryan in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell) (Entered: 10/07/2020)

    Read MoreRead Less
  • 09/30/2020
  • View Court Documents
  • Docket(#12) MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER REGARDING PROSECUTION OF CERTAIN CASES UNDER THE AMERICANS WITH DISABILITIES ACT. The Court finds that there is good cause to institute a limited scheduling order concerning basic case prosecution for cases under the Americans With Disabilities Act involving physical barriers in places of public accommodation. (SEE DOCUMENT FOR SPECIFIC ENUMERATED REQUIREMENTS AND DEADLINES THEREIN). The failure to comply with this Order in a particular case will result in a sanction of $300.00 payable to the clerk of the court within two weeks of Plaintiff being given notice of noncompliance and dismissal for lack of prosecution. The Court finds these sanctions sufficient and necessary to deter violations of the Order and to achieve timely prosecution of these cases without unnecessary intervention by the Court. (lc) (Entered: 09/30/2020)

    Read MoreRead Less
  • 09/30/2020
  • View Court Documents
  • Docket(#11) MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff is ORDERED TO SHOW CAUSE IN WRITING NO LATER THAN OCTOBER 14, 2020 why the Court should exercise supplemental jurisdiction over the Unruh Act claim and any other state law claim asserted in the Complaint. Failure to timely or adequately respond to this Order to Show Cause may, without further warning, result in the dismissal of the entire action without prejudice or the Court declining to exercise supplemental jurisdiction over the Unruh Act and other state law claims, if any, and the dismissal of that claim pursuant to 28 USC1367(c). (lc) (Entered: 09/30/2020)

    Read MoreRead Less
  • 09/25/2020
  • View Court Documents
  • Docket(#10) MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER REGARDING PROSECUTION OF CERTAIN CASES UNDER THE AMERICANS WITH DISABILITIES ACT. The Court finds that there is good cause to institute a limited scheduling order concerning basic case prosecution for cases under the Americans With Disabilities Act involving physical barriers in places of public accommodation. (SEE DOCUMENT FOR SPECIFIC ENUMERATED REQUIREMENTS AND DEADLINES THEREIN). The failure to comply with this Order in a particular case will result in a sanction of $300.00 payable to the clerk of the court within two weeks of Plaintiff being given notice of noncompliance and dismissal for lack of prosecution. The Court finds these sanctions sufficient and necessary to deter violations of the Order and to achieve timely prosecution of these cases without unnecessary intervention by the Court. (lc) (Entered: 09/25/2020)

    Read MoreRead Less
  • 09/25/2020
  • View Court Documents
  • Docket(#9) Notice to Parties: ADA Disability Access Litigation. (lc) (Entered: 09/25/2020)

    Read MoreRead Less
  • 09/25/2020
  • View Court Documents
  • Docket(#8) MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc) (Entered: 09/25/2020)

    Read MoreRead Less
  • 09/24/2020
  • View Court Documents
  • Docket(#7) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Setco and Sons Inc. (et) (Entered: 09/24/2020)

    Read MoreRead Less
  • 09/24/2020
  • View Court Documents
  • Docket(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 09/24/2020)

    Read MoreRead Less
  • 09/24/2020
  • View Court Documents
  • Docket(#5) NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Rozella A. Oliver. (et) (Entered: 09/24/2020)

    Read MoreRead Less
  • 09/22/2020
  • View Court Documents
  • Docket(#4) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Orlando Garcia. (Handy, Russell) (Entered: 09/22/2020)

    Read MoreRead Less
  • 09/22/2020
  • View Court Documents
  • Docket(#3) CERTIFICATE of Interested Parties filed by Plaintiff Orlando Garcia, (Handy, Russell) (Entered: 09/22/2020)

    Read MoreRead Less
  • 09/22/2020
  • View Court Documents
  • Docket(#2) CIVIL COVER SHEET filed by Plaintiff Orlando Garcia. (Handy, Russell) (Entered: 09/22/2020)

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  • 09/22/2020
  • View Court Documents
  • Docket(#1) COMPLAINT Receipt No: ACACDC-28179080 - Fee: $400, filed by plaintiff Orlando Garcia. (Attorney Russell C Handy added to party Orlando Garcia(pty:pla))(Handy, Russell) (Entered: 09/22/2020)

    Read MoreRead Less
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