Jackson v. CA Rags II Inc.

Good Law
United States District Court, Southern District of CaliforniaJanuary 25, 20213:20-cv-01628California1,934 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JERRY JACKSON Case No.: 20cv1628-LAB (MSB)

Plaintiff,

ORDER OF DISMISSAL FOR

v. FAILURE TO SERVE AND

FAILURE TO PROSECUTE

CA RAGS II, INC. dba LA

TAPATIA, et al. 15 Defendants.

17 Plaintiff filed his complaint on August 21, 2020, and a summons was issued the same day. Plaintiff is bringing claims under the Americans with Disabilities Act for barriers he allegedly encountered at La Tapatia Mexican restaurant in Escondido, California. Other than responding to the Court’s order to show cause regarding jurisdiction, he took no action to prosecute his claims for several months. On January 6, Augustus Charos filed an answer that raised, among other things, insufficiency of process and insufficiency of service of process.1 The answer gave

26 1 Neither the complaint nor the answer makes clear whether, in addition to CA Rags II, there are one or two other Defendants, or if so, what their names are. The 28 1 …

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