Hoang Minh Le v. Sterik Buena Park, L.P.

Filing 11

MINUTE ORDER (IN CHAMBERS) Order to Show Cause; and Limited Scheduling Order by Judge Jesus G. Bernal. SEE DOCUMENT FOR FURTHER INFORMATION. Response to Order to Show Cause due by 5/17/2024. (twdb)

Failure to timely or adequately respond to this OSC 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 and the dismissal of any
such claims pursuant to 28 U.S.C. § 1367(c).
II.

Limited Scheduling Order

The Court presides over many cases under the Americans with Disabilities Act (“ADA”)
involving physical barriers in places of public accommodation. Most of these cases are brought
by a small number of repeat plaintiffs and an even smaller number of law firms. With respect to
these cases, the Court finds:
1.

The small number of repeat law firms in this area rarely prosecute their cases until
the Court issues an order to show cause.

2.

Many of these cases result in defaults, which subsequently requires that the Court
send three orders to show cause: one for failure to serve, one for failure to seek
entry of default, and one for failure to move for default judgment.

3.

Given the enormous number of these cases, the need to track the lack of
prosecution in these cases and send repeated orders to show cause has placed a
significant burden on the limited resources of the Court.

Therefore, the Court finds there is good cause to institute a limited scheduling order
concerning prosecution for ADA cases involving physical barriers in places of public
accommodation. In such cases:
1.

Proofs of Service: Proofs of service for all defendants must be filed within 90 days
of the filing of the case absent a previously approved extension of time by the
Court or a motion or responsive pleading by all defendants. The Court expects
that the Complaint will be served on all parties promptly after filing.

2.

Requests for Default: For any defendant who fails to respond to the Complaint
within the time provided by the Federal Rules of Civil Procedure and for whom no
extension has been granted, a request for default must be filed no later than 7 days
after the time the response to the Complaint would have been due.

3.

Motions for Default Judgment: If only defaulted defendants remain in the case –
that is, no other defendants were named or the claims against all other defendants
have been resolved either by dismissal, motion, or trial – a motion for default
judgment must be filed within 30 days of the last entry of default. Note that the
Court is not generally inclined to enter partial default judgments, and, therefore, a
motion for default judgment should not be filed if some defendants have appeared
and the case has not otherwise been completely resolved.

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This Order serves as notice that failure to comply with any of the requirements set forth
in this Order will result in dismissal of the action in its entirety and/or the defendant that is
the subject of the required proof of service, request for default, or motion for default
judgment. Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 629-30 (1962). Failure
to comply may also result in monetary sanctions.
IT IS SO ORDERED.

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