Hetherington v. Bank of America, N.A. et al
| Crystal E Hetherington |
| Bank of America, N.A. and DOES 1 through 10 |
| 3:2012cv01559 |
| June 25, 2012 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Mitchell D Dembin |
| Jeffrey T Miller |
| Other Contract |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 23, 2013. A more recent docket listing may be available from PACER.
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| Filing 34 Minute Entry for proceedings held before Judge Jeffrey T. Miller: Final Approval Hearing held on 9/23/2013. [28-1] Motion for Final Approval of Class Action Settlement - Granted. Court to issue order.(Court Reporter/ECR Debra Henson). (Plaintiff Attorney Alexander Isaac Dychter). (Defendant Attorney John A. Van Hook). (no document attached) (ymm) |
Filing 33
FINAL JUDGMENT AND ORDER granting Plaintiff's #28 Motion for Final Approval of Class Action Settlement. Court certifies for settlement purposes the Settlement Class described in the Settlement, comprised of the Overtime Class ans Waiting Time Penalties Class. Court finds that class members were provided proper and adequate notice of their rights in a manner that satisfies the requirements of due process. Court directs that all class members who did not timely file a Request for Exclusion form are barred from prosecuting against the Released Parties any and all released claims as set forth in the Settlement. Court directs payment from the settlement fund of settlement administration fees to Simpluris, Inc. in the amount of $93,000 in accordance with the Settlement. Court awards Pla the amount of $4,963.33 for costs. Court awards Pla the amount of $175,000 for atty's fees. Court awards Pla the amount of $5,000 as a class representative enchancement payment. Court directs that this Order shall constitute a final judgment dismissing the action w/ prejudice. Court orders that, notwithstanding entry of final judgment, Court shall retain jurisdiction in this matter for the purposes of interpreting or enforcing the Settlement or final judgment.. Signed by Judge Jeffrey T. Miller on 9/23/2013. (jah) (av1).
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| Filing 32 AMENDED DOCUMENT by Crystal E Hetherington. Amendment to #28 MOTION for Final Approval of Class Action Settlement Memorandum of Points and Authorities to Include Erroneously Omitted Page. (Attachments: #1 Proof of Service)(Karasik, Gregory) (knb). |
| Filing 31 AMENDED DOCUMENT by Crystal E Hetherington. Amendment to #28 MOTION for Final Approval of Class Action Settlement (Amended Memorandum of Points and Authorities to Include Erroneously Omitted Page). (Attachments: #1 Proof of Service)(Karasik, Gregory) Missing page 8 (knb). |
| Filing 30 CERTIFICATE OF SERVICE by Crystal E Hetherington re #28 MOTION for Final Approval of Class Action Settlement (Karasik, Gregory). (jah). |
| Filing 29 NOTICE of Non-Compliance with Local Rule 5.1(a) Legibility, re #28 MOTION for Final Approval of Class Action Settlement filed by Crystal E Hetherington. (Do Not Refile Motion for Final Approval of Class Action Settlement. No Further Action Required) (jah) |
| Filing 28 MOTION for Final Approval of Class Action Settlement by Crystal E Hetherington. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Gregory N. Karasik, #3 Declaration of Alexander I. Dychter, #4 Declaration of Crystal E. Hetherington, #5 Declaration of Krista Tittle, #6 Proof of Service)(Karasik, Gregory). Modified on 8/7/2013 - Does not comply w/ Local Rule 5.1a, has duplicate wording in text, and Proof of Service has s/ of staff. QC Email sent to Atty re: ECF signature policy, Local Rule 5.1a, and to file Corrected Proof of Service. Removed duplicate text (jah). |
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Filing 27
ORDER Granting #24 Motion for Preliminary Approval of Class Action Settlement. The Court sets the following deadline for members of the Settlement Class to opt out of the settlement or to object to the Settlement as set forth in the Settlement: August 2, 2013. The Court schedules a final approval and fairness hearing, at which time the Court will consider whether the Settlement should be finally approved as fair, reasonable and adequate Rule 23(e) of the Federal Rules of Civil Procedure and rule on the motion for attorney's fees, costs and incentive payment to be submitted by Plaintiff, for September 23, 2013 at 10:00 a.m. Plaintiff's motion for final approval of the Settlement, and Plaintiff's motion for attorney's fees, costs and an incentive payment, shall be filed by August 7, 2013. If any objections are made to the Settlement, the parties may file a response to those objections by September 13, 2013. Signed by Judge Jeffrey T. Miller on 6/10/2013. (jao)(jrd)
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Filing 26
Minute Order by Judge Jeffrey T. Miller: Motions Submitted #24 MOTION Preliminary Approval of Class Action Settlement. Motion Hearing set for 6/3/2013 10:00 AM before Judge Jeffrey T. Miller is vacated. Written order to follow.(no document attached) (gac)
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| Filing 25 CERTIFICATE OF SERVICE re #24 by Crystal E Hetherington (Karasik, Gregory) Modified link on 4/19/2013 (jao). |
| Filing 24 MOTION Preliminary Approval of Class Action Settlement by Crystal E Hetherington. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Declaration of Gregory Karasik In Support of Motion For Preliminary Approval, #3 Declaration Declaration of Alexander Dychter In Support of Motion for Preliminary Approval, #4 Supplement Joint Stipulation For Class Action Settlement and Release of Claims)(Karasik, Gregory) (jao). |
| Filing 23 NOTICE by Crystal E Hetherington (Attachments: #1 Proof of Service)(Karasik, Gregory) (jao). |
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Filing 22
Minute Order by Judge Jeffrey T. Miller: Status Conference set for 3/11/2013 10:00 AM before Judge Jeffrey T. Miller is vacated. (no document attached) (gac)
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| Filing 21 Joint MOTION to Continue Status Conference Based On Settlement Having Been Reached by Bank of America, N.A. (Attachments: #1 [Proposed] Order)(Mandel, Michael) Mailer sent on 3/5/2013 (jao). |
| Filing 20 STATUS REPORT JOINT STATUS CONFERENCE REPORT by Bank of America, N.A.. (Mandel, Michael) (jao). |
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Filing 19
ORDER Scheduling Status Conference. On August 9, 2012, the court granted the parties' joint motion to stay this action pending the Defendant's motion to transfer the action to the District of Kansas before the Judicial Panel on Multidistrict Litigation The JPML denied the motion to transfer on December 11, 2012. Accordingly, the parties are now instructed to appear before the court on March 11, 2013 at 10 a.m. for a status conference. Both parties must submit a status conference brief on or before March 4, 2013.Signed by Judge Jeffrey T. Miller on 2/7/2013.(jao)
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| Filing 18 NOTICE of MDL Filing: Order Denying Transfer (kaj) |
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Filing 17
ORDER Granting #15 Joint Motion to Withdraw Motions and Stay Action. Signed by Judge Jeffrey T. Miller on 8/9/2012. (knb)
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| Filing 16 NOTICE of Appearance by Gregory N Karasik on behalf of Crystal E Hetherington (Attachments: #1 Proof of Service)(Karasik, Gregory) (knb). |
| Filing 15 Joint MOTION to Withdraw Defendants Motion To Dismiss and Stay Action by Crystal E Hetherington. (Karasik, Gregory) (knb). |
| Filing 14 NOTICE of Appearance by John A. Van Hook on behalf of Bank of America, N.A. (Van Hook, John) (knb). |
| Filing 13 NOTICE of Appearance by Sylvia Jihae Kim on behalf of Bank of America, N.A. (Kim, Sylvia) (knb). |
| Filing 12 NOTICE of MDL Filing by Bank of America, N.A. Notice of Filing of Motion to Transfer with the JPML (Attachments: #1 Exhibit Motion to Transfer filed with JPML)(Mandel, Michael) (knb). |
| Filing 11 NOTICE of Appearance by Michael D. Mandel on behalf of Bank of America, N.A. (Mandel, Michael) (knb). |
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Filing 10
SCHEDULING ORDER. The August 6, 2012 hearing regarding the motion for class certification is taken off calendar subject to re-notice at a later date. Defendant's ex parte motion to stay all proceedings will be heard at the same time as the motion to dismiss or transfer, on August 27, 2012 at 10:30 a.m. Signed by Judge Jeffrey T. Miller on 7/23/2012.(knb)
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| Filing 9 RESPONSE in Opposition re #8 Ex Parte MOTION to Stay re #6 MOTION to Certify Class Ex Parte Motion to Stay All Proceedings or, Alternatively, Continue the Briefing and Hearing Schedule on Plaintiff's Pending Motion for Class Certification Memorandum of Points and Authorities in Opposition to Defendant's Ex Parte Application for a Stay or Continuance filed by Crystal E Hetherington. (Karasik, Gregory) (knb). |
| Filing 8 WITHDRAWN re #17 Order. Ex Parte MOTION to Stay re #6 MOTION to Certify Class Ex Parte Motion to Stay All Proceedings or, Alternatively, Continue the Briefing and Hearing Schedule on Plaintiff's Pending Motion for Class Certification by Bank of America, N.A. (Attachments: #1 Memo of Points and Authorities and Declaration of Michael D. Mandel)(Kane, Matthew) (knb) |
| Filing 7 WITHDRAWN re #17 Order. MOTION to Dismiss or Transfer Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) or, Alternatively, Stay All Proceedings by Bank of America, N.A. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A, #3 Exhibit B)(Kane, Matthew) (knb) |
| Filing 6 **Withdrawn per #6 ** MOTION to Certify Class by Crystal E Hetherington. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Declaration, #4 Declaration)(Karasik, Gregory) (jpp). Modified on 3/18/2013 (jao). |
| Filing 5 NOTICE of Appearance by Alexander Isaac Dychter on behalf of Crystal E Hetherington (Dychter, Alexander) (knb). |
| Filing 4 Minute Order: Judge Marilyn L. Huff is no longer assigned to case and Judge Jeffrey T. Miller is now randomly reassigned to the case. The new case number is 12-cv-1559-JM-MDD.(ag)(jrd) |
| Filing 3 NOTICE OF RELATED CASE(S) by Bank of America, N.A.. Proposed Low Number Order not prepared - no related case currently pending in the Southern District (ag) |
| Filing 2 NOTICE of Party With Financial Interest by Bank of America, N.A. (vam) (av1). |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from San Diego Superior Court, case number 37-2012-00097172-CU-OE-CTL. ( Filing fee $ 350 receipt number 0974-4874691.), filed by Bank of America, N.A. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-Summons, #3 Exhibit C-ADR Package, #4 Exhibit D-Stipulation for ADR, #5 Exhibit E- Notice of Case Assignment, #6 Exhibit F-Notice of Assignment, #7 Exhibit G-Notice and Acknowledgment of Receipt, #8 Declaration of Robert M. Drozynski, #9 Civil Cover Sheet) Judge Marilyn L. Huff and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Kane, Matthew)(vam)(av1). |
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