Case: Lindsay v. Torn and Glasser, Inc

2:17-cv-02179 | U.S. District Court for the Central District of California

Filed Date: March 7, 2017

Closed Date: Aug. 17, 2017

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Case Summary

On March 21, 2017, this suit was filed in the U.S. District Court for the Central District of California. The plaintiff, a California resident who suffered from arthritis, alleged that a store in Los Angeles violated the Americans with Disabilities Act (ADA) and California state law. Specifically, she claimed that the store's parking lot and transaction counter were not accessible for individuals with physical disabilities. The plaintiff, represented by the Center for Disability Access, sought …

The store filed an application on May 4, 2017, to stay proceedings pending early mediation. The order was granted by Judge Otis D. Wright II on the same day.

A mediation report was submitted on July 17, 2017, stating that mediation had not occurred because the parties reached a settlement. (We were unable to obtain a copy of the settlement, so the contents are unknown.) A joint stipulation for dismissal was filed on August 16, 2017. The case is now closed.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT Receipt No: 0973-19545950 - Fee: $400, filed by Planitiff Shirley Lindsay. (Attorney Russell C Handy added to party Shirley Lindsay(pty:pla))(Handy, Russell) (Entered: 03/21/2017)	March 21, 2017	March 21, 2017 Clearinghouse
2	CIVIL COVER SHEET filed by Plaintiff Shirley Lindsay. (Handy, Russell) (Entered: 03/21/2017)	March 21, 2017	March 21, 2017 PACER
3	CERTIFICATE of Interested Parties filed by Plaintiff Shirley Lindsay, (Handy, Russell) (Entered: 03/21/2017)	March 21, 2017	March 21, 2017 PACER
4	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Planitiff Shirley Lindsay. (Handy, Russell) (Entered: 03/21/2017)	March 21, 2017	March 21, 2017 PACER
5	NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Charles F. Eick. (et) (Entered: 03/21/2017)	March 21, 2017	March 21, 2017 PACER
6	NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 03/21/2017)	March 21, 2017	March 21, 2017 PACER
7	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Tom and Glasser, Inc. (et) (Entered: 03/21/2017)	March 21, 2017	March 21, 2017 PACER
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 District's website for additional information. See document for requirements. (lom) (Entered: 03/22/2017)	March 22, 2017	March 22, 2017 PACER
9	Notice to Parties: ADA Disability Access Litigation. (lom) (Entered: 03/22/2017)	March 22, 2017	March 22, 2017 PACER
10	APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by Defendant Tom and Glasser, Inc. (Attachments: # 1 Proposed Order ADR-22) (Attorney Jan K Buddingh, Jr added to party Tom and Glasser, Inc(pty:dft)) (Buddingh, Jan) (Entered: 05/04/2017)	May 4, 2017	May 4, 2017 PACER
11	CERTIFICATE OF SERVICE filed by Defendant Tom and Glasser, Inc, re APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, 10 served on May 4, 2017. (Buddingh, Jan) (Entered: 05/04/2017)	May 4, 2017	May 4, 2017 PACER
12	MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: The Court GRANTS Defendant's request for stay of proceedings pending early mediation. (ECF No. 10 .) The Court ORDERS as follows: (1) The Court STAYS the case pending the outcome of early mediation. (2) The parties shall contact a neutral on the Court's mediation panel to schedule an early mediation. See C.D. Cal. L.R. 16-15.4 (ADR Procedure No. 2). (3) Plaintiff shall file with the Court and serve on Defendant(s) within fourteen (14) days a statement that includes the following:(a) An itemized list of specific conditions on the subject premises that are thebasis of the claimed violations of the ADA; (b) An itemized list of damages and, for each item, the amount sought. (4) Defendant(s) shall file with the Court and serve on Plaintiff(s) at least ten (10) days before the date set for the early mediation any evidence Defendant(s) intends to rely upon to support a claim that the alleged violations have been remedied or that no violation exists. (jy) (Entered: 05/05/2017)	May 4, 2017	May 4, 2017 RECAP
13	STATEMENT Plaintiffs Case Statement filed by Plaintiff Shirley Lindsay re: Order on Application to Stay Case,,,, 12 . (Price, Dennis) (Entered: 05/18/2017)	May 18, 2017	May 18, 2017 RECAP
14	STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that James DeRoche may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Shirley Lindsay(Grace, Phyl) (Entered: 05/18/2017)	May 18, 2017	May 18, 2017 PACER
15	NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) James DeRoche has been assigned to serve as Panel Mediator. (mb) (Entered: 05/24/2017)	May 24, 2017	May 24, 2017 PACER
16	PROOF OF SERVICE Executed by Plaintiff Shirley Lindsay, upon Defendant Tom and Glasser, Inc served on 4/19/2017, answer due 5/10/2017. Service of the Summons and Complaint were executed upon Agent for Service of Process: GREG GLASSER in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Handy, Russell) (Entered: 07/10/2017)	July 10, 2017	July 10, 2017 PACER
17	MEDIATION REPORT Filed by Mediator (ADR Panel) James DeRoche: Mediation held on (Not Applicable) and the case has been completely settled. With the filing of this Report, the parties are advised that they must notify the trial judges deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case.(DeRoche, James) (Entered: 07/17/2017)	July 17, 2017	July 17, 2017 RECAP
18	NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Mediation Report (ADR-3) Completely Settled, 17 . The following error(s) was found: Incorrect event selected. The correct event is: Mediaton Report (ADR-3) NOT Held- Settled. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 07/17/2017)	July 17, 2017	July 17, 2017 PACER
19	MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: In light of the mediation report indicating that this matter has been completely settled 17, the Court DISMISSES this action without prejudice. On or before August 21, 2017, any settling party may move to enforce the settlement, apply to reopen the action, or stipulate to extend the deadline in which to file such a motion or application.1 If the settling parties do not file any such motion, application, or stipulation on or before that date, the settling parties will be deemed to have stipulated to a dismissal of this action with prejudice. Fed. R. Civ. P. 41. The Clerk of the Court shall close the case. (Made JS-6. Case Terminated.) (lc) (Entered: 07/18/2017)	July 17, 2017	July 17, 2017 PACER
20	Joint STIPULATION to Dismiss Case pursuant to F.R.CIV.P.41(a)(1)(A)(ii), case dismissed with prejudice filed by Plaintiff Shirley Lindsay.(Grace, Phyl) (Entered: 08/16/2017)	Aug. 16, 2017	Aug. 16, 2017 RECAP
21	NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Dismiss Case 20 . The following error(s) was/were found: Case is closed. Leave of court required for filing. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Stipulation is to dismiss WITH PREJUDICE, However, Case previously closed on 7/17/16 minute order WITHOUT PREJUDICE; filer needs leave of court by submitting a proposed order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) (Entered: 08/17/2017)	Aug. 17, 2017	Aug. 17, 2017 PACER

Case: Lindsay v. Torn and Glasser, Inc

2:17-cv-02179 | U.S. District Court for the Central District of California

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