Thomas et al v. Kimpton Hotel & Restaurant Group, LLC
| Michelle Anderson, Jake Thomas, Tom Ainsworth, Jonathan Martin and Salvatore Galati |
| KIMPTON HOTEL & RESTAURANT GROUP, LLC, a Delaware corporation and Kimpton Hotel & Restaurant Group, LLC |
| Sabre GLBL, Inc. |
| 3:2019cv01860 |
| April 5, 2019 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Maxine M Chesney |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Defendant |
Docket Report
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This docket was last retrieved on May 26, 2023. A more recent docket listing may be available from PACER.
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Filing 171
ORDER RE: STIPULATION OF DISMISSAL WITH PREJUDICE. All claims by Plaintiffs against Defendant are dismissed with prejudice and the parties shall bear their own respective attorney's fees and costs. Signed by Judge Maxine M. Chesney on May 26, 2023. (mmclc1, COURT STAFF) (Filed on 5/26/2023)
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Filing 170
STIPULATION WITH PROPOSED ORDER re Stipulation of Dismissal with Prejudice filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Proposed Order)(Coelho, Thiago) (Filed on 5/26/2023)
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Filing 169
ORDER. The deadline for filing a joint stipulation for dismissal is continued to May 26, 2023. Signed by Judge Maxine M. Chesney on May 17, 2023. (mmclc1, COURT STAFF) (Filed on 5/17/2023)
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Filing 168
Joint Statement re #167 Order Re: Status of Settlement by Salvatore Galati, Jonathan Martin, Jake Thomas. (Coelho, Thiago) (Filed on 5/16/2023)
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Filing 167
ORDER. The deadline for filing a joint stipulation for dismissal is continued to May 12, 2023. Signed by Judge Maxine M. Chesney on April 13, 2023. (mmclc1, COURT STAFF) (Filed on 4/13/2023)
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Filing 166
Statement re #165 Order Joint Statement Re: Status of Settlement by Salvatore Galati, Jonathan Martin, Jake Thomas. (Coelho, Thiago) (Filed on 4/12/2023)
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Filing 165
ORDER. The deadline for filing a joint stipulation for dismissal is continued to April 12, 2023. Signed by Judge Maxine M. Chesney on March 14, 2023. (mmclc1, COURT STAFF) (Filed on 3/14/2023)
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Filing 164
Joint Statement Re: Status of Settlement re #163 Order by Salvatore Galati, Jonathan Martin, Jake Thomas. (Coelho, Thiago) (Filed on 3/13/2023)
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Filing 163
ORDER VACATING STATUS CONFERENCE; DIRECTIONS TO PARTIES. In the event a joint stipulation for dismissal is not filed by March 13, 2023, the parties shall file, no later than March 13, 2023, a joint statement apprising the Court of the status of the settlement. Signed by Judge Maxine M. Chesney on January 13, 2023. (mmclc1, COURT STAFF) (Filed on 1/13/2023)
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Filing 162
CLERK'S NOTICE: In light of the joint notice of settlement e-filed on 1/12/2023 #161 , the Settlement Conference set for 1/17/2023 10:00 AM before Magistrate Judge Donna M. Ryu is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 1/13/2023)
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Filing 161
NOTICE by Salvatore Galati, Jonathan Martin, Jake Thomas re Joint Notice of Settlement (Coelho, Thiago) (Filed on 1/12/2023)
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Filing 160
ORDER: In the 11/1/2022 Notice of Settlement Conference and Settlement Conference Order, the court ordered each party to lodge a hard copy of an exchanged settlement conference statement and a confidential settlement letter by 1/9/2023, and to submit an electronic copy of the same to dmrsettlement@cand.uscourts.gov by the dame deadline. #158 Neither side has submitted any of the required papers. The parties shall submit electronic versions of the required papers by 9:00 a.m. on 1/13/2023. Failure to comply may result in sanctions. Signed by Magistrate Judge Donna M. Ryu on 1/12/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 1/12/2023)
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Filing 159
CLERK'S NOTICE CONVERTING THE JANUARY 27, 2023 AT 10:30 AM - FURTHER CASE MANAGEMENT CONFERENCE - TO A ZOOM WEBINAR. Further Case Management Conference set for 1/27/2023 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Further Case Management Conference set for 1/27/2023 at 10:30 AM in San Fran cisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.),. (tl, COURT STAFF) (Filed on 12/19/2022)
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Filing 158
NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 1/17/2023 10:00 AM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu.Judge Ryu will conduct the settlement conference in her designated non-public Zoom Meeting "room." The non-public Zoom Meeting link is available on Judge Ryu's webpage, by going to: https://www.cand.uscourts.gov/dmr, or Join ZoomGov Meeting by clicking the link or using the information below: https://cand-uscourts.zoomgov.com/j/1619494731?pwd=cnZyVXVqWExEZzcxcDBBdzRuLzVldz09 Meeting ID: 161 949 4731 Passcode: 030361 Signed by Magistrate Judge Donna M. Ryu on 11/1/2022. (ig, COURT STAFF) (Filed on 11/1/2022)
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Filing 157
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Planning call held on 11/1/2022 in advance of 1/17/2023 Zoom settlement conference at 10:00 AM. By 11/8/2022, Defendant shall email Judge Ryu (DMRsettlement@cand.uscourts.gov) with all relevant details regarding the SIR/deductible, the insurer, policy limits and whether coverage is being provided pursuant to a reservation of rights, and the names and titles of the party representative(s) and coverage representative(s) with full authority who will be attending the conference. By 12/20/2022, Plaintiff shall provide a written demand with an email copy to Judge Ryu. Digital Recording Time: Not Recorded For Plaintiffs: Thiago Coelho For Defendant: Michael Johnson (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Date Filed: 11/1/2022) Modified on 11/1/2022 (ig, COURT STAFF).
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Filing 156
CLERK'S NOTICE: Notice is hereby given to all parties that Magistrate Judge Donna M. Ryu will convene a pre-settlement conference call to discuss timing and preparation for a settlement conference. Judge Ryu anticipates that the phone call will last approximately 20-30 minutes. The conference call shall take place on 11/1/2022 09:30 AM in Oakland, - Telephonic Only. Lead Counsel for all parties shall participate. Counsel will receive the call-in information via e-mail from Judge Ryu's courtroom deputy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 10/14/2022)
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Filing 155
Minute Entry for proceedings held before Judge Maxine M. Chesney: Further Case Management Conference held by Zoom on 10/14/2022. CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement Conference - to be conducted as soon as her calendar will permit.Joint Case Management Statement due by 1/20/2023. Further Case Management Conference set for 1/27/2023 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access t o court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/.Joint Case Management Statement due by 1/20/2023. Further Case Management Conference set for 1/27/2023 at 10:30 AM in San Franc isco, - Videoconference Only.Digital Recording Time: 10:30 - 11:00 - Zoom Recording. Plaintiff Attorney: Thiago Coelho. Defendant Attorney: Michael Johnson. Attachment: Civil Minutes. (tl, COURT STAFF) (Date Filed: 10/14/2022)
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Filing 154
JOINT CASE MANAGEMENT STATEMENT filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Coelho, Thiago) (Filed on 10/7/2022)
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Filing 153
CLERK'S NOTICE CONVERTING THE OCTOBER 14, 2022 AT 10:30 AM FURTHER CASE MANAGEMENT CONFERENCE TO A ZOOM WEBINAR. Further Case Management Conference set for 10/14/2022 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/mmc < b |
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Filing 152
ORDER GRANTING JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to October 14, 2022, at 10:30 a.m. A Joint Case Management Statement shall be filed no later than October 7, 2022. Signed by Judge Maxine M. Chesney on August 26, 2022. (mmclc1, COURT STAFF) (Filed on 8/26/2022)
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Filing 151
UPDATED JOINT CASE MANAGEMENT CONFERENCE STATEMENT [L.R. 16-10(d)] filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Coelho, Thiago) (Filed on 8/26/2022)
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Set/Reset Deadlines:, Set/Reset Hearing re #152 Order, Joint Case Management Statement due by 10/7/2022. Further Case Management Conference reset to 10/14/2022 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tl, COURT STAFF) (Filed on 8/26/2022)
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Filing 150
CLERK'S NOTICE CONVERTING THE SEPTEMBER 2, 2022 AT 10:30 AM FURTHER CASE MANAGEMENT CONFERENCE TO A ZOOM WEBINAR. Further Case Management Conference set for 9/2/2022 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Further Case Management Conference set for 9/2/2022 at 10:30 AM in San Francisc o, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.),.(tl, COURT STAFF) (Filed on 8/16/2022)
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Filing 149
ORDER GRANTING JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to September 2, 2022, at 10:30 a.m. A Joint Case Management Statement shall be filed no later than August 26, 2022. Signed by Judge Maxine M. Chesney on July 25, 2022. (mmclc1, COURT STAFF) (Filed on 7/25/2022)
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Set/Reset Deadlines:, Set/Reset Hearing re #149 Order, Joint Case Management Statement due by 8/26/2022. Further Case Management Conference reset to 9/2/2022 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tl, COURT STAFF) (Filed on 7/25/2022)
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Filing 148
Updated JOINT CASE MANAGEMENT STATEMENT filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Coelho, Thiago) (Filed on 7/22/2022) Modified on 7/22/2022 (slh, COURT STAFF).
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Filing 147
ORDER GRANTING JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to July 29, 2022, at 10:30 a.m. A Joint Case Management Statement shall be filed no later than July 22, 2022. Signed by Judge Maxine M. Chesney on June 21, 2022. (mmclc1, COURT STAFF) (Filed on 6/21/2022)
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Set/Reset Deadlines:, Set/Reset Hearing re #147 Order, Joint Case Management Statement due by 7/22/2022. Further Case Management Conference reset to 7/29/2022 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tl, COURT STAFF) (Filed on 6/21/2022)
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Filing 146
UPDATED JOINT CASE MANAGEMENT CONFERENCE STATEMENT [L.R. 16-10(d)] filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Coelho, Thiago) (Filed on 6/17/2022)
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Filing 145
CLERK'S NOTICE CONVERTING JUNE 24, 2022 AT 10:30 AM FURTHER CASE MANAGEMENT CONFERENCE TO A ZOOM WEBINAR. Further Case Management Conference set for 6/24/2022 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Further Case Management Conference set for 6/24/2022 at 10:30 AM in San Francisco, - Vi deoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.),. (tl, COURT STAFF) (Filed on 6/14/2022)
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Filing 144
ORDER GRANTING JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to June 24, 2022, at 10:30 a.m. A Joint Case Management Statement shall be filed no later than June 17, 2022. Signed by Judge Maxine M. Chesney on May 23, 2022. (mmclc1, COURT STAFF) (Filed on 5/23/2022)
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Set/Reset Deadlines:, Set/Reset Hearing re #144 Order, Joint Case Management Statement due by 6/17/2022. Further Case Management Conference reset to 6/24/2022 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tl, COURT STAFF) (Filed on 5/23/2022)
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Filing 143
JOINT CASE MANAGEMENT STATEMENT - UPDATED filed by Jake Thomas. (Coelho, Thiago) (Filed on 5/20/2022)
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Filing 142
ORDER DENYING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION; DENYING AS MOOT DEFENDANT'S MOTION TO EXCLUDE OPINIONS OF PLAINTIFFS' DAMAGES EXPERT. Signed by Judge Maxine M. Chesney on April 20, 2022. (mmclc1, COURT STAFF) (Filed on 4/20/2022)
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Filing 141
CLERK'S NOTICE CONVERTING MAY 27, 2022 FURTHER CASE MANAGEMENT CONFERENCE TO A ZOOM WEBINAR. Further Case Management Conference set for 5/27/2022 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/mmc General Order 58. b> Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Further Case Management Conference set for 5/27/2022 at 10:30 AM in San Francisco, - Videoconferenc e Only. (This is a text-only entry generated by the court. There is no document associated with this entry.),.(tl, COURT STAFF) (Filed on 4/19/2022)
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Filing 140
ORDER VACATING HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND DEFENDANT'S MOTION TO EXCLUDE; CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued from March 18, 2022, to May 27, 2022, at 10:30 a.m. A Joint Case Management Statement shall be filed no later than May 20, 2022. Signed by Judge Maxine M. Chesney on March 9, 2022. (mmclc1, COURT STAFF) (Filed on 3/9/2022)
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Set Deadlines/Hearings re #140 : Joint Case Management Statement due by 5/20/2022. Further Case Management Conference reset to 5/27/2022 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (bxs, COURT STAFF) (Filed on 3/9/2022)
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Filing 139
NOTICE of Appearance by Jonas Palmer Mann (Mann, Jonas) (Filed on 3/2/2022)
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Filing 138
CLERK'S NOTICE CONVERTING FURTHER CASE MANAGEMENT CONFERENCE SCHEDULED ON MARCH 18, 2022 AT 10:30 AM TO A ZOOM WEBINAR. Further Case Management Conference set for 3/18/2022 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/mmc p>General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Further Case Management Conference set for 3/18/2022 at 10:30 AM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.),.(tl, COURT STAFF) (Filed on 2/18/2022)
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Filing 137
CLERK'S NOTICE CONVERTING MOTION HEARING SCHEDULED FOR MARCH 11, 2022 AT 9:00 AM TO A ZOOM WEBINAR. As to #94 MOTION to Certify Class and Appointment of Class Counsel, #111 MOTION to Exclude the Opinions of Plaintiffs Damages Expert Daniel Korczyk.,. Motion Hearing set for 3/11/2022 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telep hone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 3/11/2022 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. (This is a text-only entry genera ted by the court. There is no document associated with this entry.),(tl, COURT STAFF) (Filed on 2/18/2022)
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Filing 136
ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND DEFENDANT'S MOTION TO EXCLUDE. The hearing on plaintiffs' Motion for Class Certification and defendant's Motion to Exclude the Opinions of Plaintiffs' Damages Expert is continued from January 28, 2022, to March 11, 2022, at 9:00 a.m. Signed by Judge Maxine M. Chesney on January 25, 2022. (mmclc1, COURT STAFF) (Filed on 1/25/2022)
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Set/Reset Deadlines as to #94 MOTION to Certify Class and Appointment of Class Counsel, #111 MOTION to Exclude the Opinions of Plaintiffs Damages Expert Daniel Korczyk. Motion Hearing set for 3/11/2022 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tl, COURT STAFF) (Filed on 1/25/2022)
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Filing 135
REPLY (re #94 MOTION to Certify Class and Appointment of Class Counsel) - - (Refiled Pursuant to Order at Docket 132) filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Declaration of Justin F. Marquez, Supplemental, #2 Exhibit 4 to Marquez Decl - Excerpts of Galati Depo, #3 Exhibit 6 to Marquez Decl - Excerpts of Thomas Depo, #4 Exhibit 7 to Marquez Decl - Revised Redacted Excerpts of Bissell Depo, #5 Exhibit 8 to Marquez Decl - Excerpts of Martin Depo, #6 Exhibit 9 to Marquez Decl - Excerpts of O'Grady Depo)(Coelho, Thiago) (Filed on 1/10/2022)
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Filing 134
DECLARATION of Justin F. Marquez in Opposition to #128 Opposition/Response to Motion - - (Refiled Pursuant to Order at Docket 131) filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Exhibit 1 to Marquez Decl - Excerpts from Galati Depo, #2 Exhibit 2 to Marquez Decl - Excerpts from Martin Depo)(Related document(s) #128 ) (Coelho, Thiago) (Filed on 1/10/2022)
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Filing 133
REPLY (re #111 MOTION to Exclude the Opinions of Plaintiffs Damages Expert Daniel Korczyk ) filed byKimpton Hotel & Restaurant Group, LLC. (Kardassakis, Jon) (Filed on 1/5/2022)
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Filing 132
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR LEAVE TO FILE UNDER SEAL UNREDACTED REPLY IN SUPPORT OF MOTION FOR CLASS CERTIFICATION AND EXHIBITS; DIRECTIONS TO PLAINTIFFS. Signed by Judge Maxine M. Chesney on January 3, 2022. (mmclc1, COURT STAFF) (Filed on 1/3/2022)
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Filing 131
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR LEAVE TO FILE UNDER SEAL UNREDACTED OPPOSITION TO DEFENDANT'S MOTION TO EXCLUDE, DECLARATION, AND EXHIBITS; DIRECTIONS TO PLAINTIFFS. Signed by Judge Maxine M. Chesney on January 3, 2022. (mmclc1, COURT STAFF) (Filed on 1/3/2022)
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Filing 130
OPPOSITION/RESPONSE (re #129 Administrative Motion to File Under Seal Plaintiffs' Opposition to Defendant's Motion to Exclude the Opinions of Plaintiffs' Damages Expert Daniel Korczyk, Exhibits to the Declaration of Justin F. Marquez Filed in Support thereof, an ) In Support filed bySabre GLBL, Inc.. (Mehta, Sonal) (Filed on 12/27/2021)
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Filing 129
Administrative Motion to File Under Seal Plaintiffs' Opposition to Defendant's Motion to Exclude the Opinions of Plaintiffs' Damages Expert Daniel Korczyk, Exhibits to the Declaration of Justin F. Marquez Filed in Support thereof, and the Rebuttal Declaration of Daniel Korczyk filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Declaration of Justin F. Marquez, #2 Proposed Order, #3 Exhibit A - Redacted Opposition to Motion to Exclude, #4 Exhibit B - Redacted Declaration of Daniel Korczyk, #5 Exhibit 1 - Redacted Galati Depo Excerpts, #6 Exhibit 2 - Redacted Martin Depo Excerpts, #7 Exhibit A - UNREDACTED Opposition to Motion to Exclude, #8 Exhibit B - UNREDACTED Declaration of Daniel Korczyk, #9 Exhibit 1 - UNREDACTED Galati Depo Excerpts, #10 Exhibit 2 - UNREDACTED Martin Depo Excerpts)(Coelho, Thiago) (Filed on 12/20/2021)
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Filing 128
OPPOSITION/RESPONSE (re #111 MOTION to Exclude the Opinions of Plaintiffs Damages Expert Daniel Korczyk ) Plaintiffs' Opposition to Defendant's Motion to Exclude the Opinions of Plaintiffs' Damages Expert Daniel Korczyk filed bySalvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Declaration of Justin F. Marquez, #2 Exhibit 1 - Redacted Galati Depo Excerpts, #3 Exhibit 2 - Redacted Martin Depo Excerpts, #4 Declaration of Daniel Korczyk (Redacted))(Coelho, Thiago) (Filed on 12/20/2021)
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Filing 127
ORDER DIRECTING PLAINTIFFS TO SUBMIT COURTESY COPIES IN COMPLIANCE WITH COURT'S STANDING ORDERS. Signed by Judge Maxine M. Chesney on December 20, 2021. (mmclc1, COURT STAFF) (Filed on 12/20/2021)
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Filing 126
Declaration of Matthew G. Bissell in Support of #124 Administrative Motion to File Under Seal Plaintiff's Reply in Support of Motion for Class Certification and Appointment of Class Counsel filed bySabre GLBL, Inc.. (Related document(s) #124 ) (Mehta, Sonal) (Filed on 12/17/2021)
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Filing 125
CLERK'S NOTICE CONVERTING JANUARY 28, 2022 AT 9:00 AM MOTION(S) HEARING TO A ZOOM WEBINAR. As to #94 MOTION to Certify Class and Appointment of Class Counsel, #111 MOTION to Exclude the Opinions of Plaintiffs Damages Expert Daniel Korczyk. Motion Hearing set for 1/28/2022 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 1/28/2022 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. (This is a text-only entry generated by t he court. There is no document associated with this entry.),(tl, COURT STAFF) (Filed on 12/17/2021)
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Filing 124
Administrative Motion to File Under Seal Plaintiff's Reply in Support of Motion for Class Certification and Appointment of Class Counsel filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Declaration of Justin F. Marquez, #2 Proposed Order, #3 Exhibit A - Redacted Reply re Motion for Class Certification, #4 Exhibit 4 - (Fully Redacted Transcript - Plt Galati), #5 Exhibit 6 - (Fully Redacted Transcript - Plt Thomas), #6 Exhibit 7 - (Fully Redacted Transcript - Bissell), #7 Exhibit 8 - (Fully Redacted Transcript - Plt Martin), #8 Exhibit 9 - (Fully Redacted Transcript - O'Grady), #9 Exhibit A - Unredacted Reply re Motion for Class Certification, #10 Exhibit 4 - Unredacted Transcript - Plt Galati, #11 Exhibit 6 - Unredacted Transcript - Plt Thomas, #12 Exhibit 7 - Unredacted Transcript - Bissell, #13 Exhibit 8 - Unredacted Transcript - Plt Martin, #14 Exhibit 9 - Unredacted Transcript - O'Grady)(Coelho, Thiago) (Filed on 12/13/2021)
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Filing 123
REPLY (re #94 MOTION to Certify Class and Appointment of Class Counsel ) filed bySalvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Declaration of Justin F. Marquez, #2 Exhibit 1 - Declaration of Plt Martin, #3 Exhibit 2 - Declaration of Plt Thomas, #4 Exhibit 3 - Excerpts from Plt Martin Credit Card Statement, #5 Exhibit 4 - (Fully Redacted transcript - Plt Galati), #6 Exhibit 5 - Clickwrap, #7 Exhibit 6 - (Fully Redacted transcript - Plt Thomas), #8 Exhibit 7 - (Fully Redacted transcript - Bissell), #9 Exhibit 8 - (Fully Redacted transcript - Plt Martin), #10 Exhibit 9 - (Fully Redacted transcript - O'Grady))(Coelho, Thiago) (Filed on 12/13/2021)
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Filing 122
Administrative Motion to File Under Seal Opposition to Plaintiffs' Motion for Class Certification and Appointment of Class Counsel filed by Kimpton Hotel & Restaurant Group, LLC. (Attachments: #1 Revised Redacted Opposition to Mtn for Class Cert, #2 Declaration Unredacted Decl of Donald O'Grady, #3 Declaration Revised Redacted Decl of Donald O'Grady, #4 Exhibit Revised Redacted Exh 23, #5 Exhibit Revised Redacted Exh 24, #6 Exhibit EXHIBIT 26, #7 Exhibit EXHIBIT 27)(Johnson, Michael) (Filed on 12/9/2021)
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Filing 121
EXHIBITS re #111 MOTION to Exclude the Opinions of Plaintiffs Damages Expert Daniel Korczyk Revised Redacted Exhibit 23 filed byKimpton Hotel & Restaurant Group, LLC. (Attachments: #1 Exhibit Revised Redacted Exhibit 24 to Decl of Jon Kardassakis ISO Mtn to Exclude, #2 Exhibit Revised Redacted Exhibit 32 to Decl of Jon Kardassakis ISO Mtn to Exclude)(Related document(s) #111 ) (Johnson, Michael) (Filed on 12/9/2021)
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Filing 120
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S ADMINISTRATIVE MOTION TO SEAL DOCUMENTS FILED IN SUPPORT OF DEFENDANT'S MOTION TO EXCLUDE; DIRECTIONS TO DEFENDANT. Signed by Judge Maxine M. Chesney on December 3, 2021. (mmclc1, COURT STAFF) (Filed on 12/3/2021)
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Filing 119
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S ADMINISTRATIVE MOTION TO SEAL DOCUMENTS TO BE FILED IN SUPPORT OF DEFENDANT'S OPPOSITION TO MOTION FOR CLASS CERTIFICATION; DIRECTIONS TO DEFENDANT. Signed by Judge Maxine M. Chesney. (mmclc1, COURT STAFF) (Filed on 12/3/2021)
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Filing 118
EXHIBITS to re #107 Administrative Motion to File Under Seal - Notice of Errata Regarding Exhibit 26 to Declaration of Jon Kardassakis in Opposition to Plaintiffs' Motion for Class Certification filed by Kimpton Hotel & Restaurant Group, LLC. (Related document(s) #107 ) (Johnson, Michael) (Filed on 12/2/2021)
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Filing 117
ORDER APPROVING STIPULATION TO EXTEND BRIEFING SCHEDULE RE DEFENDANT'S MOTION TO EXCLUDE THE OPINIONS OF PLAINTIFFS' EXPERT DANIEL KORCZYK; CONTINUING HEARING ON MOTION TO EXCLUDE AND ON MOTION FOR CLASS CERTIFICATION. Plaintiff's deadline to respond to the Motion to Exclude is extended to December 20, 2021, and Defendant's deadline to respond to the opposition is extended to January 5, 2022. The hearing on Defendant's Motion to Exclude and on Plaintiffs' Motion for Class Certification is continued to January 28, 2022, at 9:00 a.m. Signed by Judge Maxine M. Chesney on December 2, 2021. (mmclc1, COURT STAFF) (Filed on 12/2/2021)
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Set/Reset Deadlines as to #94 MOTION to Certify Class and Appointment of Class Counsel, #111 MOTION to Exclude the Opinions of Plaintiffs Damages Expert Daniel Korczyk. Motion Hearing reset to 1/28/2022 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tl, COURT STAFF) (Filed on 12/2/2021)
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Filing 116
Stipulation and [Proposed] Order to Extend Briefing Schedule RE Defendant's Motion to Exclude the Opinions of Plaintiffs' Damages Expert Daniel Korczyk re #111 MOTION to Exclude the Opinions of Plaintiffs Damages Expert Daniel Korczyk filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Coelho, Thiago) (Filed on 12/1/2021)
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Filing 115
Declaration of Matthew G. Bissell in Support of #114 Administrative Motion to File Under Seal previously attempted to file as DKT #112, #110 Administrative Motion to File Under Seal filed bySabre GLBL, Inc.. (Related document(s) #114 , #110 ) (Mehta, Sonal) (Filed on 11/29/2021)
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Filing 114
Administrative Motion to File Under Seal previously attempted to file as DKT #112 filed by Kimpton Hotel & Restaurant Group, LLC. (Attachments: #1 Proposed Order)(Johnson, Michael) (Filed on 11/24/2021)
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Filing 113
EXHIBITS re #110 Administrative Motion to File Under Seal Exhibit 22 missing from DKT 110 appears and is attached to DKT 107 filed byKimpton Hotel & Restaurant Group, LLC. (Related document(s) #110 ) (Johnson, Michael) (Filed on 11/23/2021)
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#Electronic filing error re: #112 Exhibits to an Administrative Motion to File Under Seal filed by Kimpton Hotel & Restaurant Group, LLC. Incorrect event used. [err101] Please re- file in its entirety. (slh, COURT STAFF) (Filed on 11/23/2021)
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Filing 112
EXHIBITS re #107 Administrative Motion to File Under Seal filed byKimpton Hotel & Restaurant Group, LLC. (Attachments: #1 Proposed Order)(Related document(s) #107 ) (Johnson, Michael) (Filed on 11/22/2021)
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Filing 111
MOTION to Exclude the Opinions of Plaintiffs Damages Expert Daniel Korczyk filed by Kimpton Hotel & Restaurant Group, LLC. Motion Hearing set for 1/14/2022 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 12/6/2021. Replies due by 12/13/2021. (Attachments: #1 Declaration of Jon Kardassakis, #2 Exhibit 6 (redacted version), #3 Exhibit 21, #4 Exhibit 23 (redacted version), #5 Exhibit 24 (redacted version), #6 Exhibit 25, #7 Exhibit 28, #8 Exhibit 29, #9 Exhibit 31, #10 Exhibit 32 (redacted version), #11 Exhibit 33, #12 Proposed Order)(Johnson, Michael) (Filed on 11/22/2021) Modified on 11/23/2021 (slh, COURT STAFF).
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Filing 110
Administrative Motion to File Under Seal filed by Kimpton Hotel & Restaurant Group, LLC. (Attachments: #1 Proposed Order, #2 Redacted Version of Kimpton's Mtn to Exclude Opinions of Plaintiffs Damages Expert Daniel Korczyk, #3 Unredacted Version of Kimpton's Mtn to Exclude Opinions of Plaintiffs Damages Expert Daniel Korczyk, #4 Declaration Declaration of Jon Kardassakis, #5 Redacted Version of Exh 6, #6 Unredacted Version of Exh 6, #7 Exhibit 21, #8 Redacted Version of Exh 23, #9 Unredacted Version of Exh 23, #10 Redacted Version of Exh 24, #11 Unredacted Version of Exh 24, #12 Exhibit 25, #13 Exhibit 28, #14 Exhibit 29, #15 Exhibit 31, #16 Redacted Version of Exh 32, #17 Unredacted Version of Exh 32, #18 Exhibit 33, #19 Proposed Order)(Johnson, Michael) (Filed on 11/22/2021)
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Filing 109
EXHIBITS re #107 Administrative Motion to File Under Seal filed byKimpton Hotel & Restaurant Group, LLC. (Related document(s) #107 ) (Johnson, Michael) (Filed on 11/22/2021)
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Filing 108
DECLARATION of Jon Kardassakis in Opposition to #106 Opposition/Response to Motion,, filed byKimpton Hotel & Restaurant Group, LLC. (Attachments: #1 Exhibit 6, #2 Exhibit 21, #3 Exhibit 23, #4 Exhibit 24, #5 Exhibit 25, #6 Exhibit 26, #7 Exhibit 27, #8 Exhibit 28, #9 Exhibit 29, #10 Exhibit 30, #11 Exhibit 31)(Related document(s) #106 ) (Johnson, Michael) (Filed on 11/22/2021)
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Filing 107
Administrative Motion to File Under Seal filed by Kimpton Hotel & Restaurant Group, LLC. (Attachments: #1 Declaration Jon Kardassakis in Opposition to Plaintiffs' Motion for Class Certification, #2 Exhibit 6, #3 Exhibit 21, #4 Exhibit 22, #5 Exhibit 23, #6 Exhibit 24, #7 Exhibit 25, #8 Exhibit 26, #9 Exhibit 27, #10 Exhibit 28, #11 Exhibit 29, #12 Exhibit 30, #13 Exhibit 31, #14 Declaration Donald O'Grady)(Johnson, Michael) (Filed on 11/20/2021)
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Filing 106
OPPOSITION/RESPONSE (re #94 MOTION to Certify Class and Appointment of Class Counsel ) filed byKimpton Hotel & Restaurant Group, LLC. (Attachments: #1 Declaration Jon Kardassakis in Opposition to Plaintiffs' Motion for Class Certification, #2 Exhibit 6, #3 Exhibit 21, #4 Exhibit 22, #5 Exhibit 23, #6 Exhibit 24, #7 Exhibit 25, #8 Exhibit 26, #9 Exhibit 27, #10 Exhibit 28, #11 Exhibit 29, #12 Exhibit 30, #13 Exhibit 31, #14 Declaration Donald O'Grady)(Johnson, Michael) (Filed on 11/19/2021)
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Filing 105
Administrative Motion to File Under Seal filed by Kimpton Hotel & Restaurant Group, LLC. (Attachments: #1 Proposed Order)(Johnson, Michael) (Filed on 11/19/2021)
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#Electronic filing error. Re: #105 Administrative Motion to File Under Seal filed by Kimpton Hotel & Restaurant Group, LLC. This filing will not be processed by the clerk s office. Please re-file the Administrative Motion to File Documents Under Seal with the sealed documents attached thereto. (tn, COURT STAFF) (Filed on 11/19/2021)
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Set/Reset Deadlines as to #94 MOTION to Certify Class and Appointment of Class Counsel, #101 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification and Appointment of Class Counsel, #104 Order on Stipulation,,., Set/Reset Deadlines:, Set/Reset Hearing re #104 Order on Stipulation,, Opposition due by 11/22/2021. Reply due by 12/13/2021. Class Certification Motion Hearing reset to 1/14/2022 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Joint Case Management Statement due by 3/11/2022. Further Case Management Conference reset to 3/18/2022 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tlS, COURT STAFF) (Filed on 10/14/2021)
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Filing 104
ORDER APPROVING STIPULATION TO EXTEND BRIEFING SCHEDULE FOR OPPOSITION AND REPLY AND TO RE-SET HEARING DATE OF PLAINTIFFS' CLASS CERTIFICATION MOTION; ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The deadline for defendant to file its opposition is November 22, 2021, the deadline for plaintiffs to file their reply is December 13, 2021, and the hearing is continued from December 3, 2021, to January 14, 2022, at 9:00 a.m. Additionally, the Case Management Conference is continued from October 22, 2021, to March 18, 2022, at 10:30 a.m. A Joint Case Management Statement shall be filed by March 11, 2022. Signed by Judge Maxine M. Chesney on October 13, 2021. (mmclc1S, COURT STAFF) (Filed on 10/13/2021)
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Filing 103
CLERK'S NOTICE CONVERTING OCTOBER 22, 2021 FURTHER CASE MANAGEMENT CONFERENCE TO A ZOOM WEBINAR. Further Case Management Conference set for 10/22/2021 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Further Case Management Conference set for 10/22/2021 10:30 AM in San Francisco, - Videoconferenc e Only. (This is a text-only entry generated by the court. There is no document associated with this entry.),.(tlS, COURT STAFF) (Filed on 10/13/2021)
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Filing 102
Stipulation To Extend Briefing Schedule For Opposition And Reply And To Re-Set Hearing Date Of Plaintiffs' Class Certification Motion; Supporting Declaration; [Proposed] Order filed by Kimpton Hotel & Restaurant Group, LLC. (Johnson, Michael) (Filed on 10/13/2021)
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Filing 101
Plaintiffs' Notice of Motion and Motion for Class Certification and Appointment of Class Counsel filed by Salvatore Galati, Jonathan Martin, Jake Thomas. Motion Hearing set for 12/3/2021 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 10/18/2021. Replies due by 11/8/2021. (Attachments: #1 Declaration of Justin F. Marquez, #2 Exhibit 4 to Declaration of Justin F. Marquez, #3 Exhibit 5 to Declaration of Justin F. Marquez)(Coelho, Thiago) (Filed on 10/8/2021)
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Filing 100
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL. Signed by Judge Maxine M. Chesney on October 1, 2021.(mmclc1, COURT STAFF) (Filed on 10/1/2021)
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Filing 99
Declaration of Michael K. Johnson in Support of Administrative MOTION to File Under Seal filed by Kimpton Hotel & Restaurant Group, LLC. (Johnson, Michael) (Filed on 9/27/2021)
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Filing 98
Declaration of Matthew G. Bissell in Support of #96 Administrative Motion to File Under Seal Plaintiffs' Motion for Class Certification, Declaration in Support thereof, and Exhibits thereto filed bySabre GLBL, Inc.. (Related document(s) #96 ) (Mehta, Sonal) (Filed on 9/27/2021)
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Filing 97
ORDER DIRECTING PLAINTIFFS TO SUBMIT CHAMBERS COPIES. Signed by Judge Maxine M. Chesney on September 24, 2021. (mmclc1S, COURT STAFF) (Filed on 9/24/2021)
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Filing 96
Administrative Motion to File Under Seal Plaintiffs' Motion for Class Certification, Declaration in Support thereof, and Exhibits thereto filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Declaration of Justin F. Marquez, #2 Proposed Order Granting Motion to File Under Seal, #3 Exhibit A to Declaration - Redacted Motion for Class Certification, #4 Exhibit B to Declaration - Redacted Declaration of Marquez in Support of Motion for Class Cert, #5 Exhibit 4 - (Fully Redacted transcript), #6 Exhibit 5 - (Fully Redacted transcript), #7 Exhibit 6 - (Fully Redacted Report), #8 Unredacted Motion for Class Cert, #9 Unredacted Declaration of Justin F. Marquez in Support of Motion for Class Certification, #10 Exhibit 4 - Unredacted Excerpts from O'Grady Deposition, #11 Exhibit 5 - Unredacted Excerpts from Bissell Deposition, #12 Exhibit 6 - Unredacted Verizon Report)(Coelho, Thiago) (Filed on 9/21/2021)
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Filing 95
NOTICE OF ERRATA re #92 Administrative Motion to File Under Seal filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Coelho, Thiago) (Filed on 9/21/2021)
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Filing 94
NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL filed by Salvatore Galati, Jonathan Martin, Jake Thomas. Motion Hearing set for 12/3/2021 09:00 AM before Judge Maxine M. Chesney. Responses due by 10/5/2021. Replies due by 10/12/2021. (Attachments: #1 Declaration of Justin F. Marquez (Redacted), #2 Exhibit 1 - Expert Report of Dr. William c. Easttom II, #3 Exhibit 2 - Declaration of Daniel J. Korczyk, #4 Exhibit 3 - Report of Dr. Jon Krosnick, #5 Exhibit 4 - (Fully Redacted transcript), #6 Exhibit 5 - (Fully Redacted transcript), #7 Exhibit 6 - (Fully Redacted Report), #8 Exhibit 7 - Defendant's Web Payment Page, #9 Exhibit 8 - Excerpts from Defendant's Responses to ROGS, #10 Exhibit 9 - Excerpts from Defendant's Responses to RPD, #11 Exhibit 10 - Defendant's 2016 Privacy Policy, #12 Exhibit 11 - Defendant's 2017 Privacy Policy, #13 Declaration of Plaintiff Jake Thomas, #14 Declaration of Plaintiff Salvatore Galati, #15 [Proposed] Order)(Coelho, Thiago) (Filed on 9/21/2021)
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Filing 93
NOTICE OF ERRATA re #91 MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Coelho, Thiago) (Filed on 9/21/2021)
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Filing 92
Administrative Motion to File Under Seal filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Declaration Declaration of Justin F. Marquez, #2 Proposed Order, #3 Exhibit A (Redacted), #4 Exhibit B (Redacted), #5 Exhibit 4 (Redacted), #6 Exhibit 5 (Redacted), #7 Exhibit 6 (Redacted), #8 Exhibit Unredacted Motion for Class Cert, #9 Exhibit Unredacted Declaration of Justin F. Marquez in Support of Motion for Class Certification, #10 Exhibit Unredacted Exhibit 4 to Declaration of Justin F. Marquez in Support of Motion for Class Certification, #11 Exhibit Unredacted Exhibit 5 to Declaration of Justin F. Marquez in Support of Motion for Class Certification, #12 Exhibit Unredacted Exhibit 6 to Declaration of Justin F. Marquez in Support of Motion for Class Certification)(Coelho, Thiago) (Filed on 9/21/2021)
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Filing 91
NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL filed by Salvatore Galati, Jonathan Martin, Jake Thomas. Motion Hearing set for 12/3/2021 09:00 AM before Judge Maxine M. Chesney. Responses due by 10/4/2021. Replies due by 10/12/2021. (Attachments: #1 Declaration of Justin F. Marquez (Redacted), #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Coelho, Thiago) (Filed on 9/20/2021)
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Filing 90
NOTICE of Appearance by Jesse S Chen (Chen, Jesse) (Filed on 8/11/2021)
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Filing 89
NOTICE of Appearance by Sunny S. Sarkis (Sarkis, Sunny) (Filed on 8/11/2021)
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Set/Reset Deadlines:, Set/Reset Deadlines as to Class Certification Motion due by 9/20/2021. Opposition due by 10/18/2021. Reply due by 11/8/2021. Class Certification Motion Hearing set for 12/3/2021 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tlS, COURT STAFF) (Filed on 8/10/2021)
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Filing 88
ORDER GRANTING PLAINTIFFS' MOTION FOR EXTENSION OF DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION; CONTINUING HEARING. The deadline to file a motion for class certification is extended to September 20, 2021, the deadline for defendant to file its opposition to the motion for class certification is extended to October 18, 2021, the deadline for plaintiffs to file their reply is extended to November 8, 2021, and the hearing is continued to December 3, 2021, at 9:00 a.m. Signed by Judge Maxine M. Chesney on August 9, 2021. (mmclc1S, COURT STAFF) (Filed on 8/9/2021)
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Filing 87
OPPOSITION/RESPONSE (re #84 Ex Parte Application for Extension of Deadline to File Motion for Class Certification ) filed byKimpton Hotel & Restaurant Group, LLC. (Attachments: #1 Declaration DECLARATION OF MICHAEL K. JOHNSON IN SUPPORT OF DEFENDANT KIMPTON HOTEL & RESTAURANT GROUP LLC'S OPPOSITION TO PLAINTIFFS EX PARTE MOTION FOR EXTENSION OF DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION)(Johnson, Michael) (Filed on 8/9/2021)
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Filing 86
DISCOVERY ORDER. In the attached order, the court denies the motion without prejudice to complying with the letter-brief procedures in the court's standing order (a process also ordered by the trial judge in her referral order at ECF No. #85 ). (Attachments: #1 Standing Order)(lblc2S, COURT STAFF) (Filed on 8/6/2021)
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Filing 85
ORDER REFERRING TO MAGISTRATE JUDGE PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND FOR SANCTIONS. Signed by Judge Maxine M. Chesney on August 5, 2021. (mmclc1S, COURT STAFF) (Filed on 8/5/2021)
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CASE REFERRED to Magistrate Judge Laurel Beeler for Discovery (ahm, COURT STAFF) (Filed on 8/5/2021)
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Filing 84
Ex Parte Application for Extension of Deadline to File Motion for Class Certification filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Declaration of Thiago M. Coelho in Support of Ex Parte Motion for Extension of Deadline to File Motion for Class Certification, #2 Proposed Order)(Coelho, Thiago) (Filed on 8/4/2021)
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Filing 83
MOTION to Compel Production of Documents and for Sanctions filed by Salvatore Galati, Jonathan Martin, Jake Thomas. Motion Hearing set for 9/3/2021 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 8/18/2021. Replies due by 8/25/2021. (Attachments: #1 Declaration of Thiago M. Coelho in Support of Motion to Compel Production of Documents and for Sanctions, #2 Declaration of April Yang in Support of Motion to Compel Production of Documents and for Sanctions, #3 Statement of Fees and Costs, #4 Proposed Order)(Coelho, Thiago) (Filed on 8/4/2021)
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Filing 82
ORDER REGARDING SECOND JOINT STIPULATION MODIFYING THE SCHEDULING DEADLINES AND HEARING DATE FOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. August 6, 2021 shall be the new deadline for Plaintiffs to file their Motion, September 3, 2021 shall be the new deadline for Defendant to file opposition, and September 23, 2021 shall be the new deadline for Plaintiffs to file their reply. October 15, 2021, at 9:00 a.m., shall be the new hearing date. Signed by Judge Maxine M. Chesney on July 26, 2021. (mmclc1S, COURT STAFF) (Filed on 7/26/2021)
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Set/Reset Deadlines as to, Set/Reset Deadlines: Class Certification Motions due by 8/6/2021. Opposition due by 9/3/2021. Reply due by 9/23/2021. Motion Hearing set for 10/15/2021 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tlS, COURT STAFF) (Filed on 7/26/2021)
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Filing 81
STIPULATION WITH PROPOSED ORDER Modifying the Scheduling Deadlines and Hearing Date for Plaintiff's Motion for Class Certification filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Declaration of Thiago M. Coelho, #2 Proposed Order)(Coelho, Thiago) (Filed on 7/23/2021)
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Filing 80
ORDER REGARDING JOINT STIPULATION MODIFYING THE SCHEDULING DEADLINES AND HEARING DATE FOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. The deadline to file a motion for class certification is extended to July 23, 2021, the deadline to file opposition is extended to August 20, 2021, the deadline to file a reply is extended to September 9, 2021, and the hearing is continued to October 1, 2021, at 9:00 a.m. Signed by Judge Maxine M. Chesney on June 17, 2021. (mmclc1S, COURT STAFF) (Filed on 6/17/2021)
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Filing 79
STIPULATION AND [PROPOSED] ORDER re Joint Stipulation Modifying the Scheduling Deadlines and Hearing Date for Plaintiffs' Motion for Class Certification filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Declaration of Thiago M. Coelho, #2 Proposed Order)(Coelho, Thiago) (Filed on 6/17/2021)
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Filing 78
Minute Entry for proceedings held before Judge Maxine M. Chesney: Discovery/Deposition Dispute Hearing held telephonically on 6/10/2021.Total Time in Court: 12 minutes. Not Reported or Recorded. Plaintiff Attorney: Thiago Coelho, April Yang. Defendant Attorney: John Kardassakis. Attachment: Civil Minutes. (tlS, COURT STAFF) (Date Filed: 6/10/2021)
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Filing 77
ORDER RE STIPULATION TO EXTEND DEADLINE FOR DEFENDANT'S DISCLOSURE OF CLASS CERTIFICATION EXPERTS. Defendant's Class Certification Expert Disclosure is due on or before May 21, 2021. Signed by Judge Maxine M. Chesney on May 10, 2021. (mmclc1, COURT STAFF) (Filed on 5/10/2021)
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Filing 76
STIPULATION WITH PROPOSED ORDER Extend Deadline for Defendant's Disclosure of Class Certification Experts filed by Kimpton Hotel & Restaurant Group, LLC. (Attachments: #1 Proposed Order)(Johnson, Michael) (Filed on 5/7/2021)
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Filing 75
STIPULATED PROTECTIVE ORDER. Signed by Judge Maxine M. Chesney on May 6, 2021. (mmclc1, COURT STAFF) (Filed on 5/6/2021)
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Filing 74
STIPULATION WITH PROPOSED ORDER [Proposed] Stipulated Protective Order filed by Tom Ainsworth, Michelle Anderson, Salvatore Galati, Jonathan Martin, Jake Thomas. (Coelho, Thiago) (Filed on 5/5/2021)
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Filing 73
ERRONEOUSLY E-FILED, DISREGARD CERTIFICATE OF SERVICE by Tom Ainsworth, Michelle Anderson, Salvatore Galati, Jonathan Martin, Jake Thomas Plaintiff's Expert Disclosure per Fed. R. Civ. Proc. 26(a)(2)(B) (Coelho, Thiago) (Filed on 4/16/2021) Modified on 4/19/2021 (fabS, COURT STAFF).
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Filing 72
Answer to Amended Complaint #53 Amended Complaint, Defendant's First Amended Answer to Plaintiffs' Third Amended Complaint; Demand for Jury Trial byKimpton Hotel & Restaurant Group, LLC. (Johnson, Michael) (Filed on 10/2/2020)
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Filing 71
STIPULATION Extending Time For Seven Days For Defendant Kimpton Hotel & Restaurant Group, Llc To File First Amended Answer To Plaintiffs Third Amended Complaint filed by Kimpton Hotel & Restaurant Group, LLC. (Johnson, Michael) (Filed on 9/25/2020)
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Filing 70
ORDER DEEMING PLAINTIFFS' MOTION TO STRIKE AFFIRMATIVE DEFENSES WITHDRAWN. Signed by Judge Maxine M. Chesney on September 14, 2020. (mmclc1, COURT STAFF) (Filed on 9/14/2020)
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Filing 69
STIPULATION re #65 Answer to Amended Complaint File First Amended Answer to Third Amended Complaint filed by Kimpton Hotel & Restaurant Group, LLC. (Johnson, Michael) (Filed on 9/11/2020)
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Filing 68
MOTION to Strike #65 Answer to Amended Complaint filed by Salvatore Galati, Jonathan Martin, Jake Thomas. Motion Hearing set for 10/2/2020 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 9/11/2020. Replies due by 9/18/2020. (Attachments: #1 Proposed Order)(Dart, Robert) (Filed on 8/28/2020)
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Filing 67
Minute Entry for proceedings held before Judge Maxine M. Chesney: Further Case Management Conference held on 8/21/2020. Amended Pleadings due by 9/21/2020. Plaintiff's Disclosure of Experts re: Class Certification due by 4/16/2021. Defendant's Disclosure of Experts re: Class Certification due by 5/7/2021. Class Certification Motion due by 6/18/2021. Opposition due by 7/16/2021. Reply due by 8/6/2021. Class Certification Motion Hearing set for 8/27/2021 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Joint Case Management Statement due by 10/15/2021. Further Case Management Conference set for 10/22/2021 10:30 AM in San Francisco, Courtroom 07, 19th Floor.Total Time in Court: 1:01. Not Reported or Recorded. Plaintiff Attorney: Thiago Coehlo. Defendant Attorney: Jon Kardassakis and Michael Johnson. Attachment: Civil Minutes. (tlS, COURT STAFF) (Date Filed: 8/21/2020)
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Filing 66
JOINT CASE MANAGEMENT STATEMENT filed by Tom Ainsworth, Michelle Anderson, Salvatore Galati, Jonathan Martin, Jake Thomas. (Coelho, Thiago) (Filed on 8/14/2020)
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Filing 65
Answer to Amended Complaint byKimpton Hotel & Restaurant Group, LLC. (Johnson, Michael) (Filed on 8/7/2020)
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Filing 64
ORDER GRANTING STIPULATION TO EXTEND KIMPTON HOTEL & RESTAURANT GROUP, LLC'S TIME TO RESPOND TO PLAINTIFFS' THIRD AMENDED CLASS ACTION COMPLAINT. The deadline for Kimpton to respond to the TAC is extended to August 7, 2020. Signed by Judge Maxine M. Chesney on July 31, 2020. (mmclc1, COURT STAFF) (Filed on 7/31/2020)
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Filing 63
STIPULATION WITH PROPOSED ORDER To Extend Time To Respond To Third Amended Class Action Complaint filed by Kimpton Hotel & Restaurant Group, LLC. (Attachments: #1 Proposed Order)(Johnson, Michael) (Filed on 7/30/2020)
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Filing 62
CLERK'S NOTICE - AUGUST 21, 2020 FURTHER CASE MANAGEMENT CONFERENCE WILL BE HELD TELEPHONICALLY. The Court will initiate the call. Counsel participating in the conference call are directed to email their name and direct phone number to: mmccrd@cand.uscourts.gov. Due to multiple hearings, counsel are advised to be on telephone stand-by from 10:30 AM until called by the Court.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlS, COURT STAFF) (Filed on 7/27/2020)
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Filing 61
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS; AFFORDING PLAINTIFFS LEAVE TO AMEND; CONTINUING CASE MANAGEMENT CONFERENCE. The Second, Fourth, Fifth, Sixth, Seventh, and Ninth Claims for Relief are dismissed. To the extent the Eighth Claim for Relief is brought on behalf of Thomas, and to the extent it is brought on behalf of Martin and based on Kimpton's having made false statements, the Eighth Claim for Relief is dismissed. Should plaintiffs wish to amend, plaintiffs shall file their Fourth Amended Complaint no later than July 17, 2020. If plaintiffs elect not to amend, the instant action shall proceed on the remaining claims, specifically, the First Claim for Relief, the Third Claim for Relief, and the remaining portion of the Eighth Claim for Relief. The Case Management Conference is continued from July 24, 2020, to August 21, 2020, at 10:30 a.m., at which time the parties shall appear telephonically. A Joint Case Management Statement shall be filed no later than August 14, 2020. Signed by Judge Maxine M. Chesney on June 30, 2020. (mmclc1, COURT STAFF) (Filed on 6/30/2020)
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Set/Reset Deadlines:, Set/Reset Hearing re #61 Order on Motion to Dismiss,,,, Fourth Amended Complaint due by 7/17/2020. Joint Case Management Statement due by 8/14/2020. Further Case Management Conference reset to 8/21/2020 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tlS, COURT STAFF) (Filed on 6/30/2020)
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Filing 60
ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference currently scheduled for June 5, 2020, is continued to July 24, 2020, at 10:30 a.m., at which time all counsel shall appear telephonically. A Joint Case Management Conference Statement shall be filed no later than July 17, 2020. Signed by Judge Maxine M. Chesney on May 26, 2020. (mmclc1, COURT STAFF) (Filed on 5/26/2020)
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Filing 59
CLERK'S NOTICE - THE FURTHER CASE MANAGEMENT CONFERENCE CURRENTLY SCHEDULED FOR JUNE 5, 2020 WILL BE HELD TELEPHONICALLY. The Court will initiate the call. Counsel are directed to be on telephone stand-by from 10:30 AM until called by the court. Please provide the name and direct phone number of counsel who will be participating in the conference call to: mmccrd@cand.uscourts.gov.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlS, COURT STAFF) (Filed on 5/26/2020)
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Set/Reset Deadlines:, Set/Reset Hearing re #60 Order, Joint Case Management Statement due by 7/17/2020. Further Case Management Conference to be held telephonically, reset to 7/24/2020 at 10:30 AM. (tlS, COURT STAFF) (Filed on 5/26/2020)
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Filing 58
ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference currently scheduled for April 3, 2020, is continued to June 5, 2020, at 10:30 a.m. A Joint Case Management Conference Statement shall be filed no later than May 29, 2020. Signed by Judge Maxine M. Chesney on March 25, 2020. (mmclc1, COURT STAFF) (Filed on 3/25/2020)
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Set/Reset Deadlines:, Set/Reset Hearing re #58 Order, Joint Case Management Statement due by 5/29/2020. Further Case Management Conference reset to 6/5/2020 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tlS, COURT STAFF) (Filed on 3/25/2020)
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Filing 57
CLERK'S NOTICE VACATING THE APRIL 3, 2020 HEARING ON DEFENDANT'S MOTION TO DISMISS THIRD AMENDED COMPLAINT; FURTHER CASE MANAGEMENT CONFERENCE TO BE HELD TELEPHONICALLY. The hearing for Defendant's Motion to Dismiss the Third Amended Complaint is hereby VACATED, the motion is deemed submitted. The Further Case Management Conference will be held telephonically. The Court will initiate the call. Counsel are directed to contact the Court Clerk and provide the name and direct phone number of counsel who will be participating in the conference call.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlS, COURT STAFF) (Filed on 3/18/2020)
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Filing 56
REPLY (re #54 MOTION to Dismiss PLAINTIFFS THIRD AMENDED COMPLAINT ) filed byKimpton Hotel & Restaurant Group, LLC. (Johnson, Michael) (Filed on 3/17/2020)
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Filing 55
OPPOSITION/RESPONSE (re #54 MOTION to Dismiss PLAINTIFFS THIRD AMENDED COMPLAINT ) filed bySalvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Declaration of Thiago Coelho, #2 Proposed Order)(Dart, Robert) (Filed on 3/10/2020)
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Set/Reset Deadlines as to #54 MOTION to Dismiss PLAINTIFFS THIRD AMENDED COMPLAINT. Motion Hearing set for 4/3/2020 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tlS, COURT STAFF) (Filed on 2/26/2020)
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Filing 54
MOTION to Dismiss PLAINTIFFS THIRD AMENDED COMPLAINT filed by Kimpton Hotel & Restaurant Group, LLC. Responses due by 3/10/2020. Replies due by 3/17/2020. (Attachments: #1 Proposed Order)(Johnson, Michael) (Filed on 2/25/2020)
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Filing 53
THIRD AMENDED COMPLAINT against Kimpton Hotel & Restaurant Group, LLC. DEMAND FOR JURY TRIAL. Filed by Salvatore Galati, Jake Thomas, Jonathan Martin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Coelho, Thiago) (Filed on 2/11/2020) Modified on 2/11/2020 (fabS, COURT STAFF).
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Filing 52
ORDER GRANTING STIPULATION TO ALLOW PLAINTIFFS TO FILE THIRD AMENDED CLASS ACTION COMPLAINT. Plaintiffs shall file their proposed Third Amended Class Action Complaint within 3 business days of the issuance of this order. Signed by Judge Maxine M. Chesney on February 6, 2020. (mmclc1, COURT STAFF) (Filed on 2/6/2020)
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Filing 51
STIPULATION WITH PROPOSED ORDER filed by Kimpton Hotel & Restaurant Group, LLC. (Attachments: #1 Proposed Order)(Johnson, Michael) (Filed on 2/5/2020)
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Filing 50
OPPOSITION/RESPONSE (re #47 MOTION to Dismiss Plaintiffs' Second Amended Complaint ) filed bySalvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Declaration of Thiago M. Coelho, #2 Proposed Order, #3 Request For Judicial Notice, #4 Exhibit A)(Dart, Robert) (Filed on 2/3/2020)
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Filing 49
MOTION for Extension of Time to File Response/Reply as to #47 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Declaration of Thiago M. Coelho, #2 Proposed Order)(Coelho, Thiago) (Filed on 1/30/2020)
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Set/Reset Deadlines as to #48 MOTION for Leave to File Third Amended Complaint. Opposition due by 2/12/2020. Reply due by 2/19/2020. Motion Hearing set for 3/6/2020 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tlS, COURT STAFF) (Filed on 1/30/2020)
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Filing 48
MOTION for Leave to File Third Amended Complaint filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #1 Exhibit 1 - Third Amended Complaint)(Dart, Robert) (Filed on 1/29/2020)
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Filing 47
MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Kimpton Hotel & Restaurant Group, LLC. Motion Hearing set for 2/28/2020 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 1/29/2020. Replies due by 2/5/2020. (Attachments: #1 Proposed Order)(Johnson, Michael) (Filed on 1/15/2020)
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Filing 46
SECOND ORDER DIRECTING PLAINTIFFS TO SUBMIT CHAMBERS COPIES IN COMPLIANCE WITH THE CIVIL LOCAL RULES AND THE COURTS STANDING ORDERS. Signed by Judge Maxine M. Chesney on January 6, 2020. (mmclc1, COURT STAFF) (Filed on 1/6/2020)
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Filing 45
SECOND AMENDED CLASS ACTION COMPLAINT; Demand for Jury Trial against Kimpton Hotel & Restaurant Group, LLC. Filed by Salvatore Galati, Jake Thomas, Jonathan Martin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Coelho, Thiago) (Filed on 12/16/2019)
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Filing 44
NOTICE by Kimpton Hotel & Restaurant Group, LLC /NOTICE OF WITHDRAWAL OF DYANNE CHO (Cho, Dyanne) (Filed on 11/20/2019)
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Filing 43
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS FIRST AMENDED COMPLAINT; AFFORDING PLAINTIFFS LEAVE TO AMEND. The First Amended Complaint is dismissed with leave to amend to cure the deficiencies identified. If plaintiffs wish to file a Second Amended Complaint for the purpose of curing the deficiencies, plaintiffs shall file such amended pleading no later than forty-five days after the date of this order. Kimpton shall file its response to any such pleading no later than thirty days after it is filed. Signed by Judge Maxine M. Chesney on November 1, 2019. (mmclc1, COURT STAFF) (Filed on 11/1/2019)
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Filing 42
Minute Entry for proceedings held before Judge Maxine M. Chesney: Initial Case Management Conference held on 10/18/2019.Joint Case Management Statement due by 3/27/2020. Further Case Management Conference set for 4/3/2020 10:30 AM in San Francisco, Courtroom 07, 19th Floor.Total Time in Court: 19 minutes. Not Reported or Recorded. Plaintiff Attorney: Justin Marquez. Defendant Attorney: Jon Kardassakis. Attachment: Civil Minutes. (tlS, COURT STAFF) (Date Filed: 10/18/2019)
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Filing 41
REPLY (re #38 MOTION to Dismiss Plaintiffs' First Amended Complaint ) filed byKimpton Hotel & Restaurant Group, LLC. (Kardassakis, Jon) (Filed on 10/18/2019)
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Filing 40
OPPOSITION/RESPONSE to (re #38 MOTION to Dismiss Plaintiffs' First Amended Complaint) filed by Salvatore Galati, Jonathan Martin, Jake Thomas. (Attachments: #(1) Request for Judicial Notice)(Dart, Robert) (Filed on 10/11/2019)
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Filing 39
JOINT CASE MANAGEMENT STATEMENT AND REPORT of Rule 26(f) Planning Meeting . (Marquez, Justin) (Filed on 10/11/2019) Modified on 10/11/2019 (mclS, COURT STAFF).
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Filing 38
MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Kimpton Hotel & Restaurant Group, LLC. Motion Hearing set for 11/8/2019 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 10/11/2019. Replies due by 10/18/2019. (Kardassakis, Jon) (Filed on 9/27/2019)
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Filing 37
ORDER GRANTING STIPULATION TO FURTHER EXTEND KIMPTON HOTEL & RESTAURANT GROUP, LLC'S TIME TO RESPOND TO PLAINTIFFS' FIRST AMENDED CLASS ACTION COMPLAINT. The deadline for Kimpton to file its respond to the FAC is extended to September 27, 2019. Signed by Judge Maxine M. Chesney on September 24, 2019. (mmclc1, COURT STAFF) (Filed on 9/24/2019)
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Filing 36
STIPULATION AND [PROPOSED] ORDER re #33 Amended Complaint, for Further Extension of Time to Respond to re #33 Plaintiffs' First Amended Complaint filed by Kimpton Hotel & Restaurant Group, LLC. (Attachments: #(1) [Proposed] Order)(Kardassakis, Jon) (Filed on 9/19/2019)
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Filing 35
ORDER GRANTING STIPULATION TO EXTEND KIMPTON HOTEL & RESTAURANT GROUP, LLC'S TIME TO RESPOND TO PLAINTIFF'S FIRST AMENDED CLASS ACTION COMPLAINT. The deadline to respond is extended to September 20, 2019. Signed by Judge Maxine M. Chesney on September 12, 2019. (mmclc1, COURT STAFF) (Filed on 9/12/2019)
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Filing 34
STIPULATION WITH PROPOSED ORDER re #33 Amended Complaint, for Extension of Time to Respond to FAC filed by Kimpton Hotel & Restaurant Group, LLC. (Attachments: #1 Proposed Order)(Cho, Dyanne) (Filed on 9/11/2019)
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Filing 33
AMENDED COMPLAINT against Kimpton Hotel & Restaurant Group, LLC. Filed byJake Thomas, Salvatore Galati, Jonathan Martin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Coelho, Thiago) (Filed on 8/30/2019)
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Filing 32
ORDER GRANTING REQUEST TO WITHDRAW AS COUNSEL. Patty W. Chen's request to withdraw as counsel for plaintiff is granted. Signed by Judge Maxine M. Chesney on August 30, 2019. (mmclc1, COURT STAFF) (Filed on 8/30/2019)
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Filing 31
NOTICE of Change In Counsel by Justin F. Marquez (Attachments: #1 Proposed Order)(Marquez, Justin) (Filed on 8/29/2019)
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Filing 30
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS; AFFORDING PLAINTIFFS LEAVE TO AMEND. The complaint is dismissed in its entirety. Any First Amended Complaint shall be filed no later than August 30, 2019. Signed by Judge Maxine M. Chesney on August 8, 2019. (mmclc1, COURT STAFF) (Filed on 8/8/2019)
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Filing 29
ORDER VACATING HEARING ON DEFENDANT'S MOTION TO DISMISS. Signed by Judge Maxine M. Chesney on July 12, 2019. (mmclc1, COURT STAFF) (Filed on 7/12/2019)
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Filing 28
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Coelho, Thiago) (Filed on 7/11/2019)
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Filing 27
ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Initial Case Management Conference is continued to October 18, 2019, at 10:30 a.m. A Joint Case Management Conference Statement shall be filed no later than October 11, 2019. Signed by Judge Maxine M. Chesney on July 3, 2019. (mmclc1, COURT STAFF) (Filed on 7/3/2019)
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Filing 26
ORDER DIRECTING PLAINTIFFS TO SUBMIT CHAMBERS COPIES IN COMPLIANCE WITH CIVIL LOCAL RULES AND COURT'S STANDING ORDER. Signed by Judge Maxine M. Chesney on July 3, 2019. (mmclc1, COURT STAFF) (Filed on 7/3/2019)
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Filing 25
Certificate of Interested Entities by Tom Ainsworth, Michelle Anderson, Jake Thomas (Coelho, Thiago) (Filed on 7/3/2019)
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Set/Reset Deadlines:, Set/Reset Hearing re #27 Order, Joint Case Management Statement due by 10/11/2019. Initial Case Management Conference reset to 10/18/2019 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tlS, COURT STAFF) (Filed on 7/3/2019)
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Filing 24
Proposed Order re #18 MOTION to Dismiss Plaintiffs' Class Action Complaint for: 1.Lack of Standing (FRCP12(B)(1); 2. Failure to State a Claim (FRCP12(B)(6)) by Tom Ainsworth, Michelle Anderson, Jake Thomas. (Coelho, Thiago) (Filed on 7/2/2019)
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Filing 23
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kardassakis, Jon) (Filed on 7/2/2019)
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Filing 22
ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmfS, COURT STAFF) (Filed on 7/1/2019)
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Filing 21
REPLY (re #18 MOTION to Dismiss Plaintiffs' Class Action Complaint for: 1.Lack of Standing (FRCP12(B)(1); 2. Failure to State a Claim (FRCP12(B)(6)) ) filed byKimpton Hotel & Restaurant Group, LLC. (Kardassakis, Jon) (Filed on 6/27/2019)
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Filing 20
OPPOSITION/RESPONSE (re #18 MOTION to Dismiss Plaintiffs' Class Action Complaint for: 1.Lack of Standing (FRCP12(B)(1); 2. Failure to State a Claim (FRCP12(B)(6)) ) filed byTom Ainsworth, Michelle Anderson, Jake Thomas. (Attachments: #1 Declaration of Thiago Coelho, #2 Declaration of Jake Thomas, #3 Declaration of Michelle Anderson)(Coelho, Thiago) (Filed on 6/20/2019)
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Filing 19
Certificate of Interested Entities by Kimpton Hotel & Restaurant Group, LLC identifying Corporate Parent InterContinental Hotels Group PLC, Other Affiliate AFB Syndicates 2623/623 for Kimpton Hotel & Restaurant Group, LLC. (Kardassakis, Jon) (Filed on 6/6/2019)
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Filing 18
MOTION to Dismiss Plaintiffs' Class Action Complaint for: 1.Lack of Standing (FRCP12(B)(1); 2. Failure to State a Claim (FRCP12(B)(6)) filed by Kimpton Hotel & Restaurant Group, LLC. Motion Hearing set for 7/19/2019 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 6/20/2019. Replies due by 6/27/2019. (Attachments: #1 Declaration of Owen Christy, #2 Request for Judicial Notice, #3 Proposed Order)(Kardassakis, Jon) (Filed on 6/6/2019)
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Filing 17
ORDER DIRECTING PLAINTIFF TO SUBMIT CHAMBERS COPY OF COMPLAINT. Signed by Judge Maxine M. Chesney on May 31, 2019. (mmclc1, COURT STAFF) (Filed on 5/31/2019)
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Filing 16
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 7/19/2019 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Joint Case Management Statement due by 7/12/2019.. Signed by Judge Maxine M. Chesney on 5/20/2019. (Attachments: #1 Standing Order for Judge Maxine M. Chesney, #2 Standing Order for All Judges)(tlS, COURT STAFF) (Filed on 5/20/2019)
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Filing 15
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Maxine M. Chesney for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 05/17/2019. (Attachments: #1 Notice of Eligibility for Video Recording)(ajsS, COURT STAFF) (Filed on 5/17/2019)
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Filing 14
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 5/16/2019)
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Filing 13
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by KIMPTON HOTEL & RESTAURANT GROUP, LLC.. (Kardassakis, Jon) (Filed on 5/15/2019)
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Filing 12
CLERK'S NOTICE TO DEFENDANT Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 5/16/2019. (ig, COURT STAFF) (Filed on 5/2/2019)
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Filing 11
STIPULATION to Extend time to Respond to #1 Complaint filed by KIMPTON HOTEL & RESTAURANT GROUP, LLC, Tom Ainsworth, Michelle Anderson, Jake Thomas. (Kardassakis, Jon) (Filed on 5/1/2019) Modified on 5/2/2019 (cjlS, COURT STAFF).
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Filing 10
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Tom Ainsworth, Michelle Anderson, Jake Thomas.. (Coelho, Thiago) (Filed on 4/25/2019)
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Filing 9
SUMMONS Returned Executed by Michelle Anderson, Tom Ainsworth, Jake Thomas. KIMPTON HOTEL & RESTAURANT GROUP, LLC served on 4/17/2019, answer due 5/8/2019. (Coelho, Thiago) (Filed on 4/25/2019)
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Filing 8
CLERK'S NOTICE TO PLAINTIFFS Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 5/7/2019. (ig, COURT STAFF) (Filed on 4/23/2019)
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Filing 7
Amended Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/24/2019. Initial Case Management Conference set for 7/31/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 4/9/2019)
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Filing 6
Summons Issued as to KIMPTON HOTEL & RESTAURANT GROUP, LLC. (cjlS, COURT STAFF) (Filed on 4/8/2019)
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Filing 5
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/10/2019. Initial Case Management Conference set for 7/17/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 4/8/2019)
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Filing 4
Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/22/2019. (srnS, COURT STAFF) (Filed on 4/8/2019)
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Filing 3
Proposed Summons. (Coelho, Thiago) (Filed on 4/5/2019)
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Filing 2
Civil Cover Sheet by Tom Ainsworth, Michelle Anderson, Jake Thomas . (Coelho, Thiago) (Filed on 4/5/2019)
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Filing 1
CLASS ACTION COMPLAINT (with jury demand) against KIMPTON HOTEL & RESTAURANT GROUP, LLC. Filed by Michelle Anderson, Tom Ainsworth, Jake Thomas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Coelho, Thiago) (Filed on 4/5/2019) Filing Fee Paid in the amount of $400.00 paid with receipt number 0971-13237715. Modified on 4/5/2019 (srnS, COURT STAFF). Modified on 4/8/2019 (cjlS, COURT STAFF).
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