This case was last updated from U.S. District Courts on 06/01/2021 at 07:31:54 (UTC).

Gary Scherer v. SMI Hotel, LLC

Case Summary

On 04/02/2021 Gary Scherer filed a Civil Right - Other Disability Discrimination lawsuit against SMI Hotel, LLC. This case was filed in U.S. District Courts, California Central District. The Judges overseeing this case are Autumn D. Spaeth and David O. Carter. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    8:21-CV-00619

  • Filing Date:

    04/02/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Disability Discrimination

  • Courthouse:

    California Central District

Judge Details

Referral Judge

Autumn D. Spaeth

Presiding Judge

David O. Carter

 

Party Details

Plaintiff

Gary Scherer

Defendants

Does 1-10

SMI Hotel, LLC a California Limited Liability Company doing business as Holiday Inn Express Newport Beach

Attorney/Law Firm Details

Plaintiff Attorneys

Raymond George Ballister, Jr

Attorney at Center for Disability Access

8033 Linda Vista Road Suite 200

San Diego, CA 92111

Zachary Manning Best

Attorney at Potter Handy LLP

8033 Linda Vista Road Suite 200

San Diego, CA 92111

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

Defendant Attorneys

Jan Nicholas Marfori

Attorney at Ogletree Deakins Nash Smoak and Stewart PC

400 South Hope Street Suite 1200

Los Angeles, CA 90071

Amber L Roller

Attorney at Ogletree Deakins Nash Smoak and Stewart PC

400 South Hope Street Suite 1200

Los Angeles, CA 90071

 

Court Documents

#15

(#15) NOTICE filed by plaintiff Gary Scherer. for Dropping Federal Cause of Action (Handy, Russell) (Entered: 05/19/2021)

#14

(#14) First AMENDED COMPLAINT against defendant SMI Hotel, LLC amending Complaint - (Discovery), filed by plaintiff Gary Scherer(Handy, Russell) (Entered: 05/19/2021)

#13

(#13) ORDER GRANTING JOINT MOTION TO PERMIT FILING OF PLAINTIFF'S FIRST AMENDED COMPLAINT AND CONTINUE DEFENDANT'S RESPONSIVE PLEADING DEADLINE #12 by Judge David O. Carter. It is hereby ordered as follows: Plaintiff will be permitted to file his First Amended Complaint on or before May 21, 2021 ; andDefendant will have 21 days following Plaintiffs filing of the First Amended Complaint to file its responsive pleading to the First Amended Complaint. (lom) (Entered: 05/06/2021)

#11

(#11) CERTIFICATE OF SERVICE filed by Defendant SMI Hotel, LLC, re Notice of Removal (Attorney Civil Case Opening), #1 CERTIFICATE OF SERVICE REGARDING NOTICE TO ADVERSE PARTY AND CLERK OF THE CALIFORNIA SUPERIOR COURT OF NOTICE OF REMOVAL OF CIVIL ACTION TO UNITED STATES DISTRICT COURT served on 04/21/2021. (Marfori, Jan) (Entered: 04/27/2021)

#10

(#10) PROOF OF SERVICE filed by plaintiff Gary Scherer, re Initial Order Setting R26 Scheduling Conference - form only #8 served on 4/7/2021. (Handy, Russell) (Entered: 04/07/2021)

#9

(#9) Joint STIPULATION for Extension of Time to File Response filed by Defendant SMI Hotel, LLC.(Marfori, Jan) (Entered: 04/07/2021)

#8

(#8) ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 6/21/2021 at 08:30 AM before Judge David O. Carter. (kd) (Entered: 04/06/2021)

#7

(#7) ORDER re: PROSECUTION OF CERTAIN CASES UNDER THE AMERICANS WITH DISABILITIES ACT upon filing of the complaint by Judge David O. Carter. (kd) (Entered: 04/05/2021)

#6

(#6) INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kd) (Entered: 04/05/2021)

#5

(#5) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 04/02/2021)

#4

(#4) NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Autumn D. Spaeth. (lh) (Entered: 04/02/2021)

#3

(#3) NOTICE of Interested Parties filed by Defendant SMI Hotel, LLC, (Marfori, Jan) (Entered: 04/02/2021)

#2

(#2) CIVIL COVER SHEET filed by Defendant SMI Hotel, LLC. (Marfori, Jan) (Entered: 04/02/2021)

4 More Documents Available

 

Docket Entries

  • 05/20/2021
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  • Docket(#16) RESPONSE filed by Defendant SMI Hotel, LLCto Notice (Other) #15 TO PLAINTIFFS NOTICE OF DROPPING FEDERAL CAUSE OF ACTION [ECF NO. 15] (Attachments: #1 Exhibit 1 to Response, #2 Exhibit 2 to Response)(Marfori, Jan) (Entered: 05/20/2021)

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  • 05/19/2021
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  • Docket(#15) NOTICE filed by plaintiff Gary Scherer. for Dropping Federal Cause of Action (Handy, Russell) (Entered: 05/19/2021)

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  • 05/19/2021
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  • Docket(#14) First AMENDED COMPLAINT against defendant SMI Hotel, LLC amending Complaint - (Discovery), filed by plaintiff Gary Scherer(Handy, Russell) (Entered: 05/19/2021)

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  • 05/05/2021
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  • Docket(#13) ORDER GRANTING JOINT MOTION TO PERMIT FILING OF PLAINTIFF'S FIRST AMENDED COMPLAINT AND CONTINUE DEFENDANT'S RESPONSIVE PLEADING DEADLINE #12 by Judge David O. Carter. It is hereby ordered as follows: Plaintiff will be permitted to file his First Amended Complaint on or before May 21, 2021 ; andDefendant will have 21 days following Plaintiffs filing of the First Amended Complaint to file its responsive pleading to the First Amended Complaint. (lom) (Entered: 05/06/2021)

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  • 05/05/2021
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  • Docket(#12) Joint NOTICE OF MOTION AND MOTION for Order for To Permit Filing of Plaintiffs First Amended Complaint and Continue Defendants Responsive Pleading Deadline filed by Defendant SMI Hotel, LLC. (Attachments: #1 Proposed Order) (Marfori, Jan) (Entered: 05/05/2021)

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  • 04/27/2021
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  • Docket(#11) CERTIFICATE OF SERVICE filed by Defendant SMI Hotel, LLC, re Notice of Removal (Attorney Civil Case Opening), #1 CERTIFICATE OF SERVICE REGARDING NOTICE TO ADVERSE PARTY AND CLERK OF THE CALIFORNIA SUPERIOR COURT OF NOTICE OF REMOVAL OF CIVIL ACTION TO UNITED STATES DISTRICT COURT served on 04/21/2021. (Marfori, Jan) (Entered: 04/27/2021)

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  • 04/07/2021
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  • Docket(#10) PROOF OF SERVICE filed by plaintiff Gary Scherer, re Initial Order Setting R26 Scheduling Conference - form only #8 served on 4/7/2021. (Handy, Russell) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#9) Joint STIPULATION for Extension of Time to File Response filed by Defendant SMI Hotel, LLC.(Marfori, Jan) (Entered: 04/07/2021)

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  • 04/06/2021
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  • Docket(#8) ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 6/21/2021 at 08:30 AM before Judge David O. Carter. (kd) (Entered: 04/06/2021)

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  • 04/05/2021
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  • Docket(#7) ORDER re: PROSECUTION OF CERTAIN CASES UNDER THE AMERICANS WITH DISABILITIES ACT upon filing of the complaint by Judge David O. Carter. (kd) (Entered: 04/05/2021)

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  • 04/05/2021
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  • Docket(#6) INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kd) (Entered: 04/05/2021)

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  • 04/02/2021
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  • DocketCONFORMED FILED COPY OF COMPLAINT against Defendants Does, SMI Hotel, LLC, filed by Plaintiff Gary Scherer. (FILED IN ORANGE COUNTY SUPERIOR COURT ON 2/26/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) (Entered: 04/02/2021)

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  • 04/02/2021
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  • Docket(#5) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 04/02/2021)

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  • 04/02/2021
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  • Docket(#4) NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Autumn D. Spaeth. (lh) (Entered: 04/02/2021)

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  • 04/02/2021
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  • Docket(#3) NOTICE of Interested Parties filed by Defendant SMI Hotel, LLC, (Marfori, Jan) (Entered: 04/02/2021)

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  • 04/02/2021
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  • Docket(#2) CIVIL COVER SHEET filed by Defendant SMI Hotel, LLC. (Marfori, Jan) (Entered: 04/02/2021)

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  • 04/02/2021
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  • Docket(#1) NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2021-01186416 Receipt No: ACACDC-31036882 - Fee: $402, filed by Defendant SMI Hotel, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Attorney Jan Nicholas Marfori added to party SMI Hotel, LLC(pty:dft))(Marfori, Jan) (Entered: 04/02/2021)

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