This case was last updated from PACER on 01/18/2020 at 07:25:19 (UTC).

Brian Whitaker v. Maria V. Montgomery et al

Case Summary

On 11/19/2019 Brian Whitaker filed a Civil Right - Other Disability Discrimination lawsuit against Maria. This case was filed in U.S. District Courts, California Central District. The Judges overseeing this case are R. Gary Klausner and Steve Kim. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-09880

  • Filing Date:

    11/19/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Disability Discrimination

  • Court:

    U.S. District Courts

  • Courthouse:

    California Central District

Judge Details

Presiding Judge

R. Gary Klausner

Referral Judge

Steve Kim

 

Party Details

Plaintiff

Brian Whitaker

Defendants

Does 1-10

Tommy and Teddy LLC

Maria V. Montgomery

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

Raymond George Ballister, Jr

Attorney at Center for Disability Access

8033 Linda Vista Road Suite 200

San Diego, CA 92111

Phyl Grace

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

Farid Novian

Attorney at Novian and Novian LLP

1801 Century Park East Suite 1201

Los Angeles, CA 90067

 

Court Documents

#16

(#16) ORDER DECLINING SUPPLEMENTAL JURISDICTION AND DISMISSING PLAINTIFFS UNRUH CLAIM by Judge R. Gary Klausner: The Court, in its discretion, declines to exercise supplemental jurisdiction over plaintiff's Unruh Act claim. The Court therefore dismisses that claim without prejudice. See 28 USC Sub-section 1367(c)(2) and (c)(4). The Court likewise denies Plaintiff's requests for a certification for interlocutory appeal and for a stay pending the outcome of Ninth Circuit Case No. 19-55974. (jp) (Entered: 01/17/2020)

#15

(#15) PROOF OF SERVICE Executed by Plaintiff Brian Whitaker, upon Defendant Maria V. Montgomery served on 1/5/2020, answer due 1/27/2020. in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell) (Entered: 01/13/2020)

#13

(#13) STIPULATION Extending Time to Answer the complaint as to Tommy and Teddy LLC answer now due 1/24/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Tommy and Teddy LLC.(Attorney Farid Novian added to party Tommy and Teddy LLC(pty:dft))(Novian, Farid) (Entered: 12/31/2019)

#12

(#12) MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION. Plaintiff(s) to show cause in writing on or before January 7, 2020 why this action should not be dismissed for lack of prosecution as to defendant Tommy and Teddy LLC. The Order To Show Cause willstand submitted upon the filing of plaintiffs response. The court will consider as satisfactory response: Plaintiffs application for entry of default pursuant to Rule 55a of the Federal Rules of Civil procedure as to defendant(s): Tommy and Teddy LLC (answer due 12/26/19) or A timely answer by the following defendant(s): Tommy and Teddy LLC (answer due 12/26/19). If a satisfactory response is not filed by the date listed above, the matter will bedismissed for lack of prosecution. (lc) (Entered: 12/30/2019)

11 #5

Proof of service

11 #4

Exhibit 2

11 #3

Exhibit 1

11 #2

Declaration

11 #1

Declaration

#11

(#11) RESPONSE filed by Plaintiff Brian Whitakerto Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #10 (Attachments: #1 Declaration, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Proof of service)(Handy, Russell) (Entered: 12/19/2019)

#10

(#10) MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE by Judge R. Gary Klausner. Plaintiff shall file a Response to this Order to Show Cause by no later than December 20, 2019. 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 claim and the dismissal of that claim pursuant to 28 U.S.C. 1367(c). (lom) (Entered: 12/13/2019)

#9

(#9) PROOF OF SERVICE Executed by Plaintiff Brian Whitaker, upon Defendant Tommy and Teddy LLC served on 12/5/2019, answer due 12/26/2019. Service of the Summons and Complaint were executed upon Jane Doe - person in charge in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Handy, Russell) (Entered: 12/09/2019)

#8

(#8) STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw) (Entered: 11/21/2019)

#7

(#7) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Maria V. Montgomery, Tommy and Teddy LLC. (lh) (Entered: 11/20/2019)

#6

(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 11/20/2019)

#5

(#5) NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Steve Kim. (lh) (Entered: 11/20/2019)

#4

(#4) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Brian Whitaker. (Handy, Russell) (Entered: 11/19/2019)

#1

(#1) COMPLAINT Receipt No: 0973-24805423 - Fee: $400, filed by plaintiff Brian Whitaker. (Attorney Russell C Handy added to party Brian Whitaker(pty:pla))(Handy, Russell) (Entered: 11/19/2019)

9 More Documents Available

 

Docket Entries

  • 01/17/2020
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  • (#16) ORDER DECLINING SUPPLEMENTAL JURISDICTION AND DISMISSING PLAINTIFFS UNRUH CLAIM by Judge R. Gary Klausner: The Court, in its discretion, declines to exercise supplemental jurisdiction over plaintiff's Unruh Act claim. The Court therefore dismisses that claim without prejudice. See 28 USC Sub-section 1367(c)(2) and (c)(4). The Court likewise denies Plaintiff's requests for a certification for interlocutory appeal and for a stay pending the outcome of Ninth Circuit Case No. 19-55974. (jp) (Entered: 01/17/2020)

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  • 01/13/2020
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  • (#15) PROOF OF SERVICE Executed by Plaintiff Brian Whitaker, upon Defendant Maria V. Montgomery served on 1/5/2020, answer due 1/27/2020. in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell) (Entered: 01/13/2020)

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  • 01/02/2020
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  • (#14) Text Only Entry: The Order to Show Cause #12 is discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 01/02/2020)

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  • 12/31/2019
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  • (#13) STIPULATION Extending Time to Answer the complaint as to Tommy and Teddy LLC answer now due 1/24/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Tommy and Teddy LLC.(Attorney Farid Novian added to party Tommy and Teddy LLC(pty:dft))(Novian, Farid) (Entered: 12/31/2019)

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  • 12/30/2019
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  • (#12) MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION. Plaintiff(s) to show cause in writing on or before January 7, 2020 why this action should not be dismissed for lack of prosecution as to defendant Tommy and Teddy LLC. The Order To Show Cause willstand submitted upon the filing of plaintiffs response. The court will consider as satisfactory response: Plaintiffs application for entry of default pursuant to Rule 55a of the Federal Rules of Civil procedure as to defendant(s): Tommy and Teddy LLC (answer due 12/26/19) or A timely answer by the following defendant(s): Tommy and Teddy LLC (answer due 12/26/19). If a satisfactory response is not filed by the date listed above, the matter will bedismissed for lack of prosecution. (lc) (Entered: 12/30/2019)

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  • 12/19/2019
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  • (#11) RESPONSE filed by Plaintiff Brian Whitakerto Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #10 (Attachments: #1 Declaration, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Proof of service)(Handy, Russell) (Entered: 12/19/2019)

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  • 12/13/2019
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  • (#10) MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE by Judge R. Gary Klausner. Plaintiff shall file a Response to this Order to Show Cause by no later than December 20, 2019. 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 claim and the dismissal of that claim pursuant to 28 U.S.C. 1367(c). (lom) (Entered: 12/13/2019)

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  • 12/09/2019
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  • (#9) PROOF OF SERVICE Executed by Plaintiff Brian Whitaker, upon Defendant Tommy and Teddy LLC served on 12/5/2019, answer due 12/26/2019. Service of the Summons and Complaint were executed upon Jane Doe - person in charge in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Handy, Russell) (Entered: 12/09/2019)

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  • 11/21/2019
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  • (#8) STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw) (Entered: 11/21/2019)

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  • 11/20/2019
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  • (#7) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Maria V. Montgomery, Tommy and Teddy LLC. (lh) (Entered: 11/20/2019)

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  • 11/20/2019
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  • (#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 11/20/2019)

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  • 11/20/2019
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  • (#5) NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Steve Kim. (lh) (Entered: 11/20/2019)

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  • 11/19/2019
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  • (#4) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Brian Whitaker. (Handy, Russell) (Entered: 11/19/2019)

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  • 11/19/2019
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  • (#3) CERTIFICATE of Interested Parties filed by Plaintiff Brian Whitaker, (Handy, Russell) (Entered: 11/19/2019)

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  • 11/19/2019
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  • (#2) CIVIL COVER SHEET filed by Plaintiff Brian Whitaker. (Handy, Russell) (Entered: 11/19/2019)

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  • 11/19/2019
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  • (#1) COMPLAINT Receipt No: 0973-24805423 - Fee: $400, filed by plaintiff Brian Whitaker. (Attorney Russell C Handy added to party Brian Whitaker(pty:pla))(Handy, Russell) (Entered: 11/19/2019)

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