Vitale v. Pyramid Hotels and Resorts, L.P. et al
| Ashley Vitale |
| Pyramid San Diego Management, L.P., Does 1-10, Pyramid Advisors Limited Partnership and Pyramid Hotels and Resorts, L.P. |
| 3:2014cv00315 |
| February 10, 2014 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Cathy Ann Bencivengo |
| Nita L Stormes |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 pr |
| Both |
Docket Report
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Filing 47
REMAND ORDER. Defendants have not met their burden to prove by a preponderance of the evidence or plausible assumptions that the amount in controversy exceeds $5 million as required by CAFA. Accordingly, it is hereby ORDERED that this case is REMANDED to San Diego County Superior Court. Signed by Judge Cathy Ann Bencivengo on 4/30/2015. (Certified copy mailed to state ct.)(cxl)
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| Filing 46 SUPPLEMENTAL BRIEFING by Defendants Pyramid Advisors Limited Partnership, Pyramid San Diego Management, L.P. re #42 MOTION for Settlement Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement . (Hill, Thomas) |
| Filing 45 Minute Order for proceedings held before Judge Cathy Ann Bencivengo: Motion Hearing held on 4/10/2015 re #42 MOTION for Settlement Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement filed by Ashley Vitale. The motion is taken under submission by the court. Further written order to follow. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Diane E. Richard).(Defendant Attorney Thomas E. Hill). (no document attached) (lmh) |
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Filing 44
ORDER RE PRELIMINARY APPROVAL HEARING. Signed by Judge Cathy Ann Bencivengo on 4/7/2015.(cxl)
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| Filing 43 RESPONSE re #39 Order to Show Cause,, re Subject Matter Jurisdiction filed by Pyramid Advisors Limited Partnership, Pyramid San Diego Management, L.P.. (Curtis, Mara) (jpp). |
| Filing 42 MOTION for Settlement Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement by Ashley Vitale. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Richard, #3 Exhibit to Richard Declaration, #4 Declaration of Dente)(Richard, Diane) (jpp). |
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Filing 41
ORDER Granting Joint Motion/Stipulation to Extend the Deadline for Filing the Motion for Preliminary Approval of the Class Action Settlement Agreement. The deadline to file the Motion for Preliminary Approval shall be continued for one (1) week from March 6, 2015 to and including March 13, 2015, and the hearing set for April 10, 2014 at 1:30 p.m. for the Motion shall remain on calendar. Signed by Judge Cathy Ann Bencivengo on 3/6/2015. (cxl)
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| Filing 40 Joint MOTION for Extension of Time to File the Motion for Preliminary Approval of the Class Action Settlement Agreement by Pyramid Advisors Limited Partnership, Pyramid San Diego Management, L.P.. (Curtis, Mara) (cxl). |
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Filing 39
ORDER TO SHOW CAUSE RE Subject Matter Jurisdiction. Defendants are hereby ordered to show cause in writing not to exceed ten pages, plus supporting evidence, on or before March 13, 2015, why this matter should not be remanded for lack of subject matter jurisdiction based on the principles stated in Johnson and Carden. Plaintiff is permitted, but not obligated, to respond in writing, not to exceed ten pages, on or before March 13, 2015, with authority and evidence that it believes may assist the Court in determining whether subject matter jurisdiction exists. Signed by Judge Cathy Ann Bencivengo on 3/3/2015.(cxl)
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Filing 38
ORDER Granting #37 Joint Motion to Extend the Deadline for Filing the Motion for Preliminary Approval of the Class Action Settlement Agreement. The deadline to file the Motion for Preliminary Approval shall be continued for four (4) days from March 2, 2015 to and including March 6, 2015. Signed by Judge Cathy Ann Bencivengo on 3/2/2015. (rlu)
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| Filing 37 Joint MOTION for Extension of Time to File Motion for Preliminary Approval of the Class Action Settlement Agreement by Pyramid Advisors Limited Partnership, Pyramid San Diego Management, L.P.. (Curtis, Mara)Attorney Mara D. Curtis added to party Pyramid Advisors Limited Partnership(pty:dft) (rlu). |
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Filing 36
SCHEDULING ORDER Re Preliminary Approval of Class Settlement. Upon consideration of the parties' Notice of Settlement (Doc. No. #35 ), it ishereby ordered as follows: 1.) The January 21, 2015 deadline for filing a motion for class certification is VACATED. 2.) The motion for preliminary approval of the class settlement must be filed on or before March 2, 2015. 3.) The preliminary approval hearing is set for April 10, 2015 at 1:30 p.m. before the undersigned in Courtroom 4C. Signed by Judge Cathy Ann Bencivengo on 1/13/2015.(cxl)
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| Filing 35 NOTICE of Settlement and Request for Hearing Date for Motion for Preliminary Approval by Pyramid Advisors Limited Partnership, Pyramid San Diego Management, L.P. (Curtis, Mara) (cxl). |
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Filing 34
ORDER Denying Plaintiff's Ex Parte Motion for Reconsideration (Doc. No. #31 ). Signed by Magistrate Judge Nita L. Stormes on 12/23/2014. (cxl)
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| Filing 33 RESPONSE in Opposition re #31 Ex Parte MOTION for Reconsideration re #30 Order on Motion for Discovery, Order on Motion to Continue, Order on Motion for Extension of Time to Complete Discovery,,, filed by Pyramid Advisors Limited Partnership, Pyramid San Diego Management, L.P.. (Attachments: #1 Declaration Thomas Hill, #2 Declaration Mara Curtis)(Curtis, Mara) (cxl). |
| Filing 32 Minute Order for proceedings held before Magistrate Judge Nita L. Stormes: Defendant shall have until 5:00pm on December 16, 2014 to respond to Plaintiff's ex parte motion for reconsideration #31 . (no document attached) (ma) |
| Filing 31 Ex Parte MOTION for Reconsideration re #30 Order on Motion for Discovery, Order on Motion to Continue, Order on Motion for Extension of Time to Complete Discovery,,, by Ashley Vitale. (Attachments: #1 Declaration Diane E. Richard, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Richard, Diane) (cxl). |
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Filing 30
ORDER: 1) Denying Joint Motion to Extend Deadline to Complete Class Certification Depositions; 2.) Denying Plaintiff's Request to Extend Deadlines for Class Discovery and Filing Class Certification Motion; and 3.) Denying Joint Motion for Determination of Discovery Dispute (Doc. No. #27 & #28 ). Signed by Magistrate Judge Nita L. Stormes on 12/9/2014. (cxl)
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| Filing 29 NOTICE of Unavailability of Counsel for Plaintiff by Ashley Vitale (Richard, Diane). Modified on 11/28/2014 - Edited text (jah). |
| Filing 28 Joint MOTION for Discovery Determination of Disputes, Joint MOTION to Continue Class Certification Discovery and Motion Deadline by Ashley Vitale. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Diane E. Richard, #3 Declaration of Mara D. Curtis, #4 Exhibit A to Mara D. Curtis Declaration, #5 Declaration of Linda Davey, #6 Joint Statement of Discovery Disputes)(Richard, Diane). (jah). |
| Filing 27 Joint MOTION for Extension of Time to Complete Discovery Class Certification Depositions by Ashley Vitale. (Richard, Diane) (cxl). |
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Filing 26
ORDER Granting in part Joint Motion to Extend Class Discovery and Motion for Class Certification Filing Deadlines (Dkt. No. #25 ). Accordingly, it is hereby ordered: 1.) The deadline for the completion of class discovery is extended to December 1, 2014. 2.) Plaintiff shall file a motion for class certification no later than January 21, 2015. 3.) The parties shall notify the Magistrate Judge's Chambers within three court days of receiving a ruling on the class certification motion in order to set a date for a Mandatory Settlement Conference and a further Case Management Conference. Signed by Magistrate Judge Nita L. Stormes on 9/22/2014. (cxl)
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| Filing 25 Joint MOTION to Extend the Class Discovery and Motion for Class Certification Deadlines re #14 Scheduling Order, Set Deadlines/Hearings, Terminate Deadlines and Hearings by Pyramid Advisors Limited Partnership, Pyramid San Diego Management, L.P.. (Hill, Thomas) (cxl). |
| Filing 24 Defendants' ANSWER to #23 Amended Complaint by Pyramid San Diego Management, L.P., Pyramid Advisors Limited Partnership.(Hill, Thomas)Attorney Thomas E Hill added to party Pyramid Advisors Limited Partnership(pty:dft) (cxl). |
| Filing 23 SECOND AMENDED COMPLAINT with Jury Demand Second Amended Complaint against Pyramid San Diego Management, L.P., Pyramid Advisors Limited Partnership, filed by Ashley Vitale. (Attachments: #1 Proof of Service) (Richard, Diane) (yeb). |
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Filing 22
ORDER denying as moot #15 Motion for Leave to File Second Amended Complaint; granting #21 Joint Motion for Leave to File Second Amended Complaint. It is hereby ordered Plaintiff shall file the proposed Second Amended Complaint attached to the Motion on or before August 20, 2014. Upon the filing of the Second Amended Complaint, Defendant Pyramid Hotels and Resorts, L.P. d/b/a Pyramid Hotel Group is hereby dismissed from the action without prejudice. Defendants Pyramid San Diego Management Limited Partnership and Pyramid Advisors Limited Partnership shall answer the Second Amended Complaint no later than twenty-one calendar days after the filing of Plaintiffs Second Amended Complaint. The telephonic conference currently set for August 19, 2014 at 1:30p.m. is vacated. Signed by Judge Cathy Ann Bencivengo on 8/18/2014. (All non-registered users served via U.S. Mail Service)(yeb)
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| Filing 21 Joint MOTION for Leave to File Second Amended Complaint by Ashley Vitale. (Attachments: #1 Exhibit Second Amended Complaint, #2 Proof of Service)(Richard, Diane) (yeb). |
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Filing 20
ORDER Granting #19 Motion for Substitution of Attorney. Defendants' new counsel in this matter is Thomas E. Hill and Mara D. Matheke. Signed by Judge Cathy Ann Bencivengo on 8/8/2014. (attorney maintenance) (cxl).
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| Filing 19 MOTION to Substitute Attorney by Pyramid Hotels and Resorts, L.P.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Shadi, Sabrina) (yeb). |
| Filing 18 NOTICE of Appearance by Matthew S. Dente on behalf of Ashley Vitale (Attachments: #1 Proof of Service)(Dente, Matthew)Attorney Matthew S. Dente added to party Ashley Vitale(pty:pla) (yeb). |
| Filing 17 MINUTE ORDER: The August 8, 2014 hearing is vacated. The Court hereby sets a telephonic conference for August 19, 2014 at 1:30 p.m. before Judge Cathy Ann Bencivengo to discuss the motion and the status of Defendants substitution of counsel.(yeb) |
| Filing 16 NOTICE of Appearance by Vartan S. Madoyan on behalf of Pyramid Hotels and Resorts, L.P., Pyramid San Diego Management, L.P. (Madoyan, Vartan)Attorney Vartan S. Madoyan added to party Pyramid Hotels and Resorts, L.P.(pty:dft), Attorney Vartan S. Madoyan added to party Pyramid San Diego Management, L.P.(pty:dft) (cge). |
| Filing 15 MOTION for Leave to File Second Amended Complaint by Ashley Vitale. (Attachments: #1 Memo of Points and Authorities in Support of Plaintiff's Motion for Leave to File Second Amended Complaint, #2 Declaration of Diane E. Richard in Support of Plaintiff's Motion for Leave to File Second Amended Complaint, #3 Exhibit 1- [Proposed] Second Amended Complaint, #4 Exhibit 2-Redline of First Amended Complaint and [Proposed] Second Amended Complaint, #5 Proof of Service)(Richard, Diane)(yeb). |
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Filing 14
SCHEDULING ORDER Regulating Discovery and Class Certification Motion Filing Deadline. Signed by Magistrate Judge Nita L. Stormes on 5/2/2014.(yeb)
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Filing 13
ORDER Continuing Telephonic Case Management Conference to 4/30/2014 10:30 AM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 4/24/2014.(yeb)
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| Filing 12 Docketed in Error. NEF Regnerated.(yeb). |
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Filing 11
ORDER Granting #10 Joint Motion for Protective Order. Signed by Magistrate Judge Nita L. Stormes on 4/17/2014. (yeb)(jrd)
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| Filing 10 Joint MOTION for Protective Order by Ashley Vitale. (Richard, Diane) (yeb). |
| Filing 9 NOTICE of Party With Financial Interest by Ashley Vitale (Richard, Diane) (yeb). |
| Filing 8 PRO HAC VICE APPOINTED: Amy J. Traub appearing for Defendants Does 1-10, Pyramid Hotels and Resorts, L.P., Pyramid San Diego Management, L.P., Receipt # 61218. (jao) |
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Filing 7
Order Following ENE. Early Neutral Evaluation Conference held on 3/12/14.Telephonic Case Management Conference set for 4/29/2014 at 2:30PM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 3/13/14.(cge)
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| Filing 6 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Early Neutral Evaluation Conference held on 3/12/2014. (Plaintiff Attorney Diane Richard). (Defendant Attorney Sabrina Shadi). Case did not settle. Order to issue.(no document attached) (ecp) (srm). |
| Filing 5 CERTIFICATE OF SERVICE by Pyramid Hotels and Resorts, L.P., Pyramid San Diego Management, L.P. re 1 Notice of Removal,, (Shadi, Sabrina) (yeb). |
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Filing 4
NOTICE AND ORDER for Early Neutral Evaluation Conference. Telephonic Early Neutral Evaluation set for 3/12/2014 02:30 PM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 02/12/2014.(yeb)
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| Filing 3 NOTICE of Party With Financial Interest by Pyramid Hotels and Resorts, L.P., Pyramid San Diego Management, L.P. (cxl) |
| Filing 2 REQUEST FOR JUDICIAL NOTICE by Pyramid Hotels and Resorts, L.P., Pyramid San Diego Management, L.P. (cxl) |
| Filing 1 ANSWER to Complaint (Notice of Removal) by Pyramid Hotels and Resorts, L.P., Pyramid San Diego Management, L.P. (no document attached) (cxl) . |
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