Goro et al v. Flowers Foods, Inc. et al
Plaintiff: Guiseppe Zizzo, Simon Goro, Rey Pena, Jeff Belander, Tony Russell and Jose Pena
Defendant: Flowers Baking Co. of Henderson, LLC, DOES 1 through 100, Flowers Foods, Inc. and Flowers Baking Co. of California, LLC
Case Number: 3:2017cv02580
Filed: December 28, 2017
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Jill L Burkhardt
Referring Judge: Jinsook Ohta
2 Judge: Janis L Sammartino
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1441 nr Notice of Removal
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on January 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 6, 2023 Opinion or Order Filing 318 Plaintiffs' Notice of Motion and Motion for Approval of PAGA Settlement (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Alex Tomasevic, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Request for Judicial Notice)(Markley, Shaun) (exs).
December 28, 2022 Opinion or Order Filing 317 ORDER finding as moot [Dkt. 314] Joint Motion to continue deadline in light of the Court's order granting the later filed Joint Motion for an extension [Dkt. 316]. Signed by Judge Jinsook Ohta on 12/28/2022. (no document attached)
December 28, 2022 Opinion or Order Filing 316 ORDER granting [Dkt. 315] Joint Motion to continue deadline to file Motion to Approve PAGA settlement. The Motion to Approve PAGA settlement is due on or before January 6, 2023. Signed by Judge Jinsook Ohta on 12/28/2022. (no document attached)
December 28, 2022 Opinion or Order Filing 315 Fifth Joint Motion to Continue Deadline to File Motion to Approve PAGA Settlement (Palmer, Jared) (exs).
December 21, 2022 Opinion or Order Filing 314 Fourth Joint Motion to Continue Deadline to File Motion to Approve PAGA Settlement (Palmer, Jared) (exs).
December 13, 2022 Opinion or Order Filing 313 ORDER granting Joint Motion [Dkt. 312] to continue deadline to file Motion to Approve PAGA settlement. The Motion to Approve PAGA settlement is due on or before December 21, 2022. Signed by Judge Jinsook Ohta on 12/13/2022. (no document attached) (sjc)
December 13, 2022 Opinion or Order Filing 312 Third Joint Motion to Continue Deadline to File Motion to Approve PAGA Settlement (Palmer, Jared) (exs).
November 29, 2022 Opinion or Order Filing 311 ORDER granting Joint Motion [Dkt. 310] to continue deadline to file Motion to Approve PAGA settlement. The Motion to Approve PAGA settlement is due on or before December 14, 2022. (no document attached) (sjc)
November 29, 2022 Opinion or Order Filing 310 Second Joint Motion to Continue Deadline to File Motion to Approve PAGA Settlement (Palmer, Jared) (exs).
November 14, 2022 Opinion or Order Filing 309 ORDER granting Joint Motion to Continue [Dkt. 308] Deadline to File Motion to Approve PAGA Settlement. The motion to approve PAGA Settlement is due on or before November 30, 2022. Signed by Judge Jinsook Ohta on 11/14/2022. (no document attached) (sjc)
November 10, 2022 Opinion or Order Filing 308 Joint Motion to Continue Deadline to File Motion to Approve Paga Settlement (Tobin, Francis) (exs).
October 12, 2022 Opinion or Order Filing 307 Minute Entry for proceedings held before Judge Jinsook Ohta: Status Conference held on 10/12/2022. All pending motions in limine and Daubert motions are denied as moot without prejudice to refiling. The Jury Trial set for 10/24/2022 is vacated. The Court orders this case be administratively closed. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Alex M. Tomasevic). (Defendant Attorney Francis L. Tobin; Margaret Santen; Kevin Patrick Hishta). (no document attached) (smy)
October 11, 2022 Opinion or Order Filing 306 NOTICE of Hearing: The Final Pretrial Conference, Motions in Limine Hearing, and Daubert Hearing are taken off calendar. The Court sets a Status Conference for 10/12/2022 at 10:00 AM before Judge Jinsook Ohta. The Status Conference will be conducted by videoconferencing only. (no document attached) (smy)
October 11, 2022 Opinion or Order Filing 305 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Prefiling Conference held on September 28, 2022, before Judge Jinsook Ohta. Court Reporter/Transcriber Abigail R. Torres. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/1/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/9/2023. (exs)
October 10, 2022 Opinion or Order Filing 304 Plaintiffs' Opposition to Defendants' #289 Motion in Limine to Exclude Witness Testimony of Jimmy Woodward and Plaintiffs' Exhibit 151 (Markley, Shaun) (exs).
October 10, 2022 Opinion or Order Filing 303 Plaintiffs' Opposition to Defendants' re #288 Motion in Limine to Preclude Plaintiffs from Referencing or Introducing DOL WHD Report (Markley, Shaun) (exs).
October 10, 2022 Opinion or Order Filing 302 Plaintiffs' Opposition to Defendants' #287 Motion in Limine to Exclude Certain Irrelevant, Extraneous and Prejudicial Evidence and Argument (Markley, Shaun) (exs).
October 10, 2022 Opinion or Order Filing 301 Plaintiffs' Opposition to Defendants' #286 Motion in Limine regarding Basil Imburgia (Attachments: #1 Declaration of Shaun Markley, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Markley, Shaun) (exs).
October 10, 2022 Opinion or Order Filing 300 Plaintiffs' Partial Opposition to Defendants' Motion in Limine re: #285 Referring to Plaintiffs at Trial (Markley, Shaun) Modified on 10/11/2022 (exs).
October 10, 2022 Opinion or Order Filing 299 Defendants' Opposition to Plaintiffs' #294 Motion in Limine to Exclude Evidence re: The Value of the Territories (Tobin, Francis) (exs).
October 10, 2022 Opinion or Order Filing 298 Defendants' Opposition to Plaintiffs' #293 Motion in Limine to Exclude Evidence re: Franchise Terms or Related Governmental Filings (Tobin, Francis) (exs).
October 10, 2022 Opinion or Order Filing 297 Defendants' Opposition to Plaintiffs' Motion in Limine re #292 to Exclude Evidence re: Plaintiffs' Earnings, Expenses, or Deductions at Phase One ("Prong B") Trial (Tobin, Francis) (exs).
October 10, 2022 Opinion or Order Filing 296 Defendants' Opposition to Plaintiffs' Motion in Liminie re #291 to Exclude Evidence re: Who Benefited from the Decision to Classify Plaintiffs' as Independent Contractors (Tobin, Francis) (exs).
October 10, 2022 Opinion or Order Filing 295 Defendants' Opposition to #290 Plaintiffs' Motion to Exclude the Opinions of Defendants' Expert Joseph Krock, PhD (Attachments: #1 Declaration of Frank L. Tobin in Support of Defendants' Opposition to Plaintiffs' Motion to Exclude the Opinions of Defendants' Expert Joseph Krock, Ph.D., #2 Exhibit 1, #3 Exhibit 2)(Tobin, Francis) (exs).
October 5, 2022 Opinion or Order Filing 294 Plaintiffs' Fourth Notice of Motion and Motion to Exclude Evidence re: The Value of Territories (Markley, Shaun) (exs).
October 5, 2022 Opinion or Order Filing 293 Plaintiffs' Third Notice of Motion and Motion to Exclude Evidence re: Franchise Terms or Related Governmental Filings (Markley, Shaun) (exs).
October 5, 2022 Opinion or Order Filing 292 Plaintiffs' Second Notice of Motion and Motion to Exclude Evidence re: Plantiffs' Earnings, Expenses, or Deductions at Phase One ("Prong B") Trial Motion in Limine No. 2 (Attachments: #1 Declaration of Shaun Markley)(Markley, Shaun) (exs).
October 5, 2022 Opinion or Order Filing 291 Plaintiffs' First Notice of Motion and Motion to Exclude Evidence re: Who Benefited from the Decision to Classify Plaintiffs' as Independent Contractors (Attachments: #1 Declaration of Shaun Markley)(Markley, Shaun) (exs).
October 5, 2022 Opinion or Order Filing 290 Plaintiffs' Notice of Motion and Motion to Exclude the Opinions of Defendants' Expert Joseph Krock, PhD (Attachments: #1 Declaration of Shaun Markley, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Request for Judicial Notice)(Markley, Shaun) (exs).
October 5, 2022 Opinion or Order Filing 289 Defendants' Motion in Limine to Exclude Witness Testimony of Jimmy Woodward and Plaintiffs' Exhibit 151 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Tobin, Francis) (exs).
October 5, 2022 Opinion or Order Filing 288 Defendants' Motion in Limine to Preclude Plaintiffs from Referencing or Introducing DOL WHD Report (Tobin, Francis) (exs).
October 5, 2022 Opinion or Order Filing 287 Defendants' Motion in Limine to Exclude Certain Irrelevant, Extraneous and Prejudicial Evidence and Argument (Tobin, Francis)(exs).
October 5, 2022 Opinion or Order Filing 286 Defendants' Motion in Limine Regarding Basil Imburgia (Tobin, Francis) (exs).
October 5, 2022 Opinion or Order Filing 285 Defendants' Motion in Limine Re: Referring to Plaintiff at Trial (Tobin, Francis) (exs).
October 3, 2022 Opinion or Order Filing 284 PRO HAC APPROVED: Margaret Santen (Hanrahan) appearing for Defendants Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (no document attached) (jrm)
October 3, 2022 Opinion or Order Filing 283 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17217103.) (Application to be reviewed by Clerk.) (Santen (Hanrahan), Margaret)
September 28, 2022 Opinion or Order Filing 282 Minute Entry for proceedings held before Judge Jinsook Ohta: Pre-Filing Conference held on 9/28/2022. Daubert Hearing and Motion In Limine Hearing set for 10/12/2022 10:00 AM in Courtroom 4C before Judge Jinsook Ohta. Daubert motions and motions in limine are due by 10/5/2022. Responses are due by 10/10/2022 by 9:00 a.m. Parties are limited to 5 motions in limine per side with a 5-page limit for MILs and responses. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Alex M. Tomasevic). (Defendant Attorney Francis L. Tobin; Alexander M. Chemers). (no document attached) (smy)
September 19, 2022 Opinion or Order Filing 281 NOTICE of Defendants' Response to Plaintiffs' request for a pre-filing conference for Plaintiffs' Motions in Limine and Daubert Motion by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. re #278 Notice (Other) (Tobin, Francis) (exs).
September 19, 2022 Opinion or Order Filing 280 Minute Order by Judge Jinsook Ohta: The Court sets a pre-filing conference regarding [Dkt. 277] Defendants' request to file motions in limine for September 28, 2022 at 3:30 PM in Courtroom 4C. Counsel may appear in person or by videoconference. The courtroom deputy will provide videoconference information.
September 19, 2022 Opinion or Order Filing 279 Minute Order by Judge Jinsook Ohta: The Court sets a pre-filing conference regarding [Dkt. 278] Plaintiffs' request to file motions in limine and Daubert motion for September 28, 2022 at 3:30 PM in Courtroom 4C. Counsel may appear in person or by videoconference. The courtroom deputy will provide videoconference information.(sjc)
September 14, 2022 Opinion or Order Filing 278 NOTICE (Plaintiffs' request for a pre-filing conference for Plaintiffs' Motions in Limine and Daubert Motion) by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo (Markley, Shaun) (exs).
September 14, 2022 Opinion or Order Filing 277 NOTICE of Letter Requesting Pre-Filing Conference by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. re #273 Order (Tobin, Francis) (exs).
September 12, 2022 Opinion or Order Filing 276 NOTICE of Withdrawal of Appearance of Counsel by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo (Markley, Shaun) (exs).
August 10, 2022 Opinion or Order Filing 275 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 8/3/2022 before Judge Jinsook Ohta. Court Reporter/Transcriber: Vanessa Evans. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/8/2022. (akr)
August 3, 2022 Opinion or Order Filing 274 ORDER Denying Defendant's Motion for Reconsideration and Denying Plaintiff's Motion for Leave to Amend Scheduling Order re #266 . Signed by Judge Jinsook Ohta on 8/3/2022. (axc)
August 3, 2022 Opinion or Order Filing 273 ORDER Setting Procedures Governing Filing of Motions. Signed by Judge Jinsook Ohta on 8/3/2022.(axc)
August 3, 2022 Opinion or Order Filing 272 Minute Entry for proceedings held before Judge Jinsook Ohta: Motion Hearing held on 8/3/2022 re #266 Ex Parte MOTION to Amend/Correct Trial Plan to Allow for Dispositive Briefing of Misclassification Issues filed by Tony Russell, Rey Pena, Jose Pena, Simon Goro, Jeff Belander, Guiseppe Zizzo, #255 MOTION for Reconsideration re #247 Scheduling Order, filed by Flowers Foods, Inc., Flowers Baking Co. of Henderson, LLC, Flowers Baking Co. of California, LLC. The Court will issue a written order. (Court Reporter/ECR Vanessa Evans). (Plaintiff Attorney Alex M. Tomasevic; Ethan T. Litney). (Defendant Attorney Francis L. Tobin; Kevin Patrick Hishta). (no document attached) (smy)
July 27, 2022 Opinion or Order Filing 271 REPLY to Response to Motion re #255 MOTION for Reconsideration re #247 Scheduling Order, filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Tobin, Francis) (axc).
July 25, 2022 Opinion or Order Filing 270 RESPONSE in Opposition re #266 Ex Parte MOTION to Amend/Correct Trial Plan to Allow for Dispositive Briefing of Misclassification Issues filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Tobin, Francis) (axc).
July 20, 2022 Opinion or Order Filing 269 RESPONSE in Opposition re #255 MOTION for Reconsideration re #247 Scheduling Order, filed by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Tomasevic, Alex) (axc).
July 20, 2022 Opinion or Order Filing 268 ORDER that any response in opposition to #266 Ex Parte Motion to Amend/Correct is due by 5:00 p.m. on July 25, 2022. No reply briefs are to be filed.(no document attached)
July 19, 2022 Opinion or Order Filing 267 NOTICE of Hearing on #266 Ex Parte MOTION to Amend/Correct Trial Plan to Allow for Dispositive Briefing of Misclassification Issues: The Court sets a hearing on the motion for 8/3/2022 at 10:00 AM in Courtroom 4C before Judge Jinsook Ohta. (no document attached) (smy)
July 18, 2022 Opinion or Order Filing 266 Ex Parte MOTION to Amend/Correct Trial Plan to Allow for Dispositive Briefing of Misclassification Issues by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (axc).
July 13, 2022 Opinion or Order Filing 265 Minute ORDER by Judge Jinsook Ohta: Good cause appearing, the Court grants the parties' joint motion to continue the jury trial date. (Dkt. #259 .) The Final Pretrial Conference is set for October 12, 2022 at 10:00 a.m. in Courtroom 4C. The Jury Trial for the first phase of the bifurcated trial is set for October 24, 2022 at 9:00 a.m. in Courtroom 4C. The previously filed joint motion to continue (Dkt. #254 ) is moot. (no document attached) (smy)
June 24, 2022 Opinion or Order Filing 264 OBJECTION by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo re #256 Pretrial Disclosures (Plaintiffs' Objections to Defendants' Pretrial Disclosures Relating to Phase One ["Prong B"] Trial). (Markley, Shaun) (axc).
June 24, 2022 Opinion or Order Filing 263 OBJECTION by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. re #256 Pretrial Disclosures Defendants' Reservation of Objections Re: Their Rule 26(A)(3) Pretrial Disclosures for Jury Trial on Prong B Re: The Six Individual Plaintiffs (Tobin, Francis) (axc).
June 24, 2022 Opinion or Order Filing 262 OBJECTION by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. re #257 Pretrial Disclosures Defendants' Objections to Plaintiffs' Pretrial Disclosures-Phase One ("Prong B") Trial (Tobin, Francis) (axc).
June 22, 2022 Opinion or Order Filing 261 NOTICE of Change of Address by Francis L. Tobin (Tobin, Francis) (axc).
June 22, 2022 Opinion or Order Filing 260 Notice of Vacated Hearings: In light of the parties' joint motion to continue the trial date (Dkt. #259 ), the Final Pretrial Conference set for June 29, 2022 and the Jury Trial set for July 11, 2022 are vacated. (no document attached) (smy)
June 17, 2022 Opinion or Order Filing 259 Joint MOTION to Continue Trial Date by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Tobin, Francis) (axc).
June 14, 2022 Opinion or Order Filing 258 Minute Order by Judge Jinsook Ohta: The Court sets a hearing on the pending Motion for Reconsideration [Dkt. 255] for August 3, 2022 at 10:00AM in Courtroom 4C. Counsel and the parties may appear in person or by videoconference. The courtroom deputy will provide the videoconferencing information to counsel prior to the hearing. Signed by Judge Jinsook Ohta on 6/14/2022.
June 10, 2022 Opinion or Order Filing 257 Pretrial Disclosures by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo (Markley, Shaun) (axc).
June 10, 2022 Opinion or Order Filing 256 Pretrial Disclosures by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. for Jury Trial on Prong B Re: The Six Individual Plaintiffs (Tobin, Francis) (axc).
June 10, 2022 Opinion or Order Filing 255 MOTION for Reconsideration re #247 Scheduling Order, by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Memo of Points and Authorities)(Tobin, Francis) (axc).
June 3, 2022 Opinion or Order Filing 254 Joint MOTION to Continue Trial Date by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Tobin, Francis) (ave).
June 1, 2022 Opinion or Order Filing 253 Witness List by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Markley, Shaun) (axc).
June 1, 2022 Opinion or Order Filing 252 Exhibit List [PLAINTIFFS' PHASE ONE ("PRONG B") TRIAL EXHIBIT LIST] by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo.. (Markley, Shaun) (axc).
June 1, 2022 Opinion or Order Filing 251 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Tomasevic, Alex) (axc).
June 1, 2022 Opinion or Order Filing 250 Witness List by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Tobin, Francis) (axc).
June 1, 2022 Opinion or Order Filing 249 Exhibit List by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Tobin, Francis) (axc).
June 1, 2022 Opinion or Order Filing 248 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Tobin, Francis) (axc).
May 13, 2022 Opinion or Order Filing 247 ORDER Setting Dates for Pretrial Conference and Bifurcated Trial.Pretrial Conference set for 6/29/2022 08:30 AM before Judge Jinsook Ohta. Jury Trial set for 7/11/2022 09:00 AM before Judge Jinsook Ohta. Signed by Judge Jinsook Ohta on 5/13/2022.(axc)
May 11, 2022 Opinion or Order Filing 246 Minute Entry for proceedings held before Judge Jinsook Ohta: Final Pretrial Conference held on 5/11/2022. The Court will issue an order. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Ethan T. Litney; Shaun A. Markley; Alex M. Tomasevic). (Defendant Attorney Kevin Patrick Hishta; Francis L. Tobin; Alexander M. Chemers). (no document attached) (smy)
May 4, 2022 Opinion or Order Filing 245 OBJECTION by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo re #241 Pretrial Disclosures (Plaintiffs' Objections to Defendants' Pretrial Disclosures). (Markley, Shaun) (axc).
May 4, 2022 Opinion or Order Filing 244 OBJECTION by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. re #241 Pretrial Disclosures Defendants' Reservation of Objections Re: Their Pretrial Disclosures (Tobin, Francis) (axc).
May 4, 2022 Opinion or Order Filing 243 OBJECTION by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. re #242 Pretrial Disclosures Defendants' Objections to Plaintiffs' Pretrial Disclosures (Tobin, Francis) (axc).
April 13, 2022 Opinion or Order Filing 242 Pretrial Disclosures by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo (Markley, Shaun) (axc).
April 13, 2022 Opinion or Order Filing 241 Pretrial Disclosures by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Tobin, Francis) (axc).
April 6, 2022 Opinion or Order Filing 240 Witness List by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Tobin, Francis) (axc).
April 6, 2022 Opinion or Order Filing 239 Exhibit List [Defendants' Trial Exhibit List] by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc... (Tobin, Francis) (axc).
April 6, 2022 Opinion or Order Filing 238 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Tobin, Francis) (axc).
April 6, 2022 Opinion or Order Filing 237 Witness List by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Markley, Shaun) (axc).
April 6, 2022 Opinion or Order Filing 236 Exhibit List (Plaintiffs' Trial Exhibit List) by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo.. (Markley, Shaun) (axc).
April 6, 2022 Opinion or Order Filing 235 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Markley, Shaun) (axc).
February 22, 2022 Opinion or Order Filing 234 ORDER Denying Defendants' Ex Parte Application to Amend Scheduling Order to Add Expert Witness re #229 . Signed by Magistrate Judge Jill L. Burkhardt on 2/22/2022.(axc) (dlg).
February 11, 2022 Opinion or Order Filing 233 REPLY - Other re #229 Ex Parte MOTION to Amend/Correct #94 Order on Motion to Amend/Correct Scheduling Order filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Palmer, Jared) (axc).
February 8, 2022 Opinion or Order Filing 232 RESPONSE in Opposition re #229 Ex Parte MOTION to Amend/Correct #94 Order on Motion to Amend/Correct Scheduling Order filed by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Declaration of Shaun Markley (Exhibits A-C))(Markley, Shaun) (axc).
February 8, 2022 Opinion or Order Filing 231 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: On February 2, 2022, the Court granted Defendants' unopposed motion to allow the parties' existing experts to update their reports. On February 8, 2022, pursuant to the Court's Minute Order (ECF No. #230 ), the parties left a joint voicemail with an agreed upon deadline for the updated reports. Accordingly, it is HEREBY ORDERED that the deadline for the parties' existing experts to update their reports is March 31, 2022. In addition, the deadline for any rebuttal reports regarding the updates is April 21, 2022. (lkg)
February 2, 2022 Opinion or Order Filing 230 Minute ORDER regarding Defendants filed an Ex Parte Application to Amend Scheduling Order #229 . Plaintiffs shall file any opposition to Defendants third request on or before February 8, 2022. Defendants shall file any reply on or before February 11, 2022. This matter will be resolved without oralargument unless otherwise ordered by the Court. (axc)
February 1, 2022 Opinion or Order Filing 229 Ex Parte MOTION to Amend/Correct #94 Order on Motion to Amend/Correct Scheduling Order by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration of Frank L. Tobin in Support of Defendants' Ex Parte Application to Amend Scheduling Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Declaration 4, #6 Exhibit 5)(Tobin, Francis) (axc).
January 3, 2022 Opinion or Order Filing 228 ORDER OF TRANSFER: This case is transferred from the calendar of the Honorable Todd W. Robinson (TWR) to the calendar of the Honorable Jinsook Ohta (JO). All pending dates - whether before Judge Robinson or any magistrate judge - remain unchanged. The new case number is 17cv2580 JO (JLB). Signed by Judge Todd W. Robinson on 01/03/2022.(jcj)
December 17, 2021 Opinion or Order Filing 227 NOTICE of Appearance by Ethan T. Litney on behalf of Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo (Litney, Ethan)Attorney Ethan T. Litney added to party Jeff Belander(pty:pla), Attorney Ethan T. Litney added to party Simon Goro(pty:pla), Attorney Ethan T. Litney added to party Jose Pena(pty:pla), Attorney Ethan T. Litney added to party Rey Pena(pty:pla), Attorney Ethan T. Litney added to party Tony Russell(pty:pla), Attorney Ethan T. Litney added to party Guiseppe Zizzo(pty:pla) (fth).
December 16, 2021 Opinion or Order Filing 226 Order Setting Final Pretrial Conference and Related Deadlines: Memorandum of Contentions of Fact and Law due by 4/6/2022. Proposed Pretrial Order due by 5/4/2022. Final Pretrial Conference set for 5/11/2022 01:30 PM in Courtroom 3A before Judge Todd W. Robinson. Signed by Judge Todd W. Robinson on 12/16/2021. (fth)
December 10, 2021 Opinion or Order Filing 225 STATUS REPORT Joint Status Report by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Palmer, Jared) (anh).
December 6, 2021 Opinion or Order Filing 224 NOTICE of Publicly Filing Documents (pursuant to the Court's Dec. 3, 2021 Order #222 ) by Tony Russell re #171 MOTION for Partial Summary Judgment on Defendants' 1st and 32nd Affirmative Defenses (Attachments: #1 Memo of Points and Authorities in support of his Motion for Partial Summary Judgment (Unredacted), #2 Exhibit D, #3 Exhibit F, #4 Exhibit I (Partially Redacted), #5 Exhibit L, #6 Exhibit W, #7 Exhibit X, #8 Exhibit Y, #9 Exhibit Z, #10 Exhibit AA, #11 Exhibit BB, #12 Exhibit CC, #13 Exhibit DD, #14 Exhibit EE, #15 Exhibit JJ, #16 Exhibit NN)(Markley, Shaun) (fth).
December 3, 2021 Opinion or Order Filing 222 Order (1) Granting in Part and Denying in Part Defendants' Motion for Partial Summary Judgment, (2) Denying as Moot Plaintiffs' Motion to Seal, (3) Granting in Part and Denying in Part Defendants' Renewed Motion to Seal, and (4) Directing Parties to File a Joint Status Report (ECF No. #182 , #191 , #209 ). (jmo)
November 17, 2021 Opinion or Order Filing 221 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 11/4/2021 before Judge Todd W. Robinson. Court Reporter/Transcriber: Cameron P. Kircher. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/8/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/15/2022. (akr)
November 12, 2021 Opinion or Order Filing 220 NOTICE of Filing of Exhibits C and D to the Declaration of Shaun Markley in support of Plaintiffs' Opposition to Defendants' Motion for Partial Summary Judgment by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo re #190 Response in Opposition to Motion,,, (Attachments: #1 Exhibit C, #2 Exhibit D)(Markley, Shaun) (fth).
November 8, 2021 Opinion or Order Filing 219 **Docketed Sealed as 223 per #222 ** SEALED LODGED Proposed Document re: #209 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Tobin, Francis) (jmo). Modified on 12/3/2021 to seal exhibits per order (jmo).
November 4, 2021 Opinion or Order Filing 218 Minute Order for proceedings held before Judge Todd W. Robinson: Motion Hearing held on 11/4/2021 re MOTION for Summary Judgment/Motion for Partial Summary Judgment #182 filed by Flowers Foods, Inc., Flowers Baking Co. of Henderson, LLC, Flowers Baking Co. of California, LLC. The motion is taken under submission; written order to follow. Motion to File Documents Under Seal #191 - Denied as moot. The proposed sealed documents shall be lodged by counsel, as they relate to the Motion to Seal, ECF #209 . (Court Reporter/ECR Cami Kircher). (Plaintiff Attorney Shaun Markley, Shaun A Markley, Alex M Tomasevic).(Defendant Attorney Kevin Hishta, Francis L. Tobin, Alexander Miller Chemers, Jared Lee Palmer). (no document attached) (jao) Modified on 11/4/2021 (jao).
October 28, 2021 Opinion or Order Filing 217 ORDER Changing Hearing Time. The Court CHANGES the hearing time on Defendants' Motion for Partial Summary Judgment (Dkt. No. #182 ) from 1:30 p.m. to 9:30 a.m. on November 4, 2021, in Courtroom 3A. Signed by Judge Todd W. Robinson on 10/28/2021. (fth)
October 25, 2021 Opinion or Order Filing 216 Joint Statement of Undisputed Material Facts by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc., re #213 Order, . (Tobin, Francis) (fth).
October 22, 2021 Opinion or Order Filing 215 SUPPLEMENTAL BRIEFING by Defendants Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. re #211 Order, Defendants' Additional Briefing Regarding Their Partial Motion for Summary Judgment. (Tobin, Francis) (fth).
October 22, 2021 Opinion or Order Filing 214 SUPPLEMENTAL BRIEFING by Plaintiffs Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo re #211 Order, (Plaintiffs' Brief Regarding the Impact of the Court's September 21, 2021 Order on Defendants' Motion for Partial Summary Judgment). (Markley, Shaun) (fth).
October 21, 2021 Opinion or Order Filing 213 ORDER to File Joint Statement of Undisputed Facts in Support of Defendants' Motion for Partial Summary Judgment. The Court therefore ORDERS counsel to meet and confer "in good faith" and to file a "robust and meaningful joint statement of material facts" on or before 5:00 p.m. on Monday, October 25, 2021. Signed by Judge Todd W. Robinson on 10/21/2021. (fth) (dlg).
October 20, 2021 Opinion or Order Filing 212 REPLY - Other re #209 MOTION to File Documents Under Seal Defendants' Reply in Support of Renewed Administrative Motion to File Documents Under Seal filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration of Frank L. Tobin Re: Defendants' Reply in Support of Renewed Administrative Motion to File Documents Under Seal, #2 Exhibit A to Declaration of Frank L. Tobin)(Tobin, Francis) (fth).
October 18, 2021 Opinion or Order Filing 211 ORDER for Additional Briefing Regarding Defendants' Motion for Summary Judgment. Plaintiffs and Defendants each MAY FILE a single additional brief, to not exceed five (5) pages, regarding the impact, if any, of the Court's September 21 Order on the issues raised by Defendants' Motion. Signed by Judge Todd W. Robinson on 10/18/2021. (fth) (dlg).
October 13, 2021 Opinion or Order Filing 210 RESPONSE in Opposition re #209 MOTION to File Documents Under Seal filed by Tony Russell. (Attachments: #1 Declaration of Shaun Markley)(Markley, Shaun) (fth).
October 5, 2021 Opinion or Order Filing 209 MOTION to File Documents Under Seal (Tobin, Francis)**QC mailer re: lodged proposed sealed documents not linked to motion or filed with renewed motion(jmo). Modified on 10/6/2021 sealed lodgment under #173 (sxa).
October 4, 2021 Opinion or Order Filing 208 ORDER Continuing Hearings on Pending Motions. Motion Hearings reset for 11/4/2021 at 01:30 PM in Courtroom 3A before Judge Todd W. Robinson. Signed by Judge Todd W. Robinson on 10/4/21.(sxa) (dlg).
September 27, 2021 Opinion or Order Filing 207 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 9/9/2021 before Judge Todd W. Robinson. Court Reporter/Transcriber: Cameron P. Kircher. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/18/2021. Redacted Transcript Deadline set for 10/28/2021. Release of Transcript Restriction set for 12/27/2021. (akr)
September 21, 2021 Opinion or Order Filing 206 ORDER Granting #171 Plaintiff Tony Russel's Motion for Partial Summary Judgment of Defendant's First and Thirty-Second Affirmative Defenses; and (2) Denying #172 Without Prejudice Plaintiff's Motion to Seal. Signed by Judge Todd W. Robinson on 9/20/21. (sxa)
September 9, 2021 Opinion or Order Filing 205 Minute Entry for proceedings held before Judge Todd W. Robinson: Motion Hearing held on 9/9/2021 re #171 MOTION for Partial Summary Judgment on Defendants' 1st and 32nd Affirmative Defenses filed by Tony Russell. Motion taken under submission; written order to follow. ECF #196 Joint Statement of Undisputed Material Facts by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. is hereby stricken from the record and shall be re-filed. (Court Reporter/ECR Cami Kircher). (Plaintiff Attorney Craig Nicholas, Shaun A Markley, Alex M Tomasevic). (Defendant Attorney Kevin Hishta, Francis L. Tobin, Alexander Miller Chemers, Jared Lee Palmer). (no document attached) (jao)
September 9, 2021 Opinion or Order Filing 204 NOTICE of Appearance by Alexander Miller Chemers on behalf of Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Chemers, Alexander)Attorney Alexander Miller Chemers added to party Flowers Baking Co. of California, LLC(pty:dft), Attorney Alexander Miller Chemers added to party Flowers Baking Co. of Henderson, LLC(pty:dft), Attorney Alexander Miller Chemers added to party Flowers Foods, Inc.(pty:dft)(sxa).
August 4, 2021 Opinion or Order Filing 203 ORDER Resetting Hearings On Pending Motions. Motion Hearings reset for 9/9/2021 at 01:30 PM in Courtroom 3A before Judge Todd W. Robinson. Signed by Judge Todd W. Robinson on 8/4/21.(sxa) (rmc).
July 22, 2021 Opinion or Order Filing 202 ORDER Granting #201 Joint Motion to Continue Hearing on Motions for Summary Judgment and Motion for Judgment on the Pleadings. Motion Hearing reset for 8/25/2021 at 01:30 PM in Courtroom 3A before Judge Todd W. Robinson. Signed by Judge Todd W. Robinson on 7/21/21. (sxa) (dlg).
July 19, 2021 Opinion or Order Filing 201 Joint MOTION to Continue The Hearing on the Parties' Motions for Partial Summary Judgment by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Palmer, Jared) (jrm).
June 1, 2021 Opinion or Order Filing 200 ORDER Continuing Hearing on Motions for Summary Judgment and Motion for Judgment on the Pleadings. Motion Hearing reset for 7/28/2021 at 01:30 PM in Courtroom 3A before Judge Todd W. Robinson. Signed by Judge Todd W. Robinson on 5/28/21.(sxa) (dlg).
May 27, 2021 Opinion or Order Filing 199 NOTICE of Withdrawal of Counsel - Paul Brian Maslo by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Maslo, Paul) (tcf).
May 13, 2021 Opinion or Order Filing 198 ORDER: (1) granting #194 Joint Motion to amend Stipulated Protective Order; and (2) Entering Amended Stipulated Protective Order. Signed by Magistrate Judge Jill L. Burkhardt on 5/13/2021. (jpp)
May 5, 2021 Opinion or Order Filing 197 REPLY - Other re #182 MOTION for Summary Judgment Motion for Partial Summary Judgment filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Request for Judicial Notice in Support of Defendants' Motion for Partial Summary Judgment, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Tobin, Francis)(sxa).
May 5, 2021 Opinion or Order Filing 196 Joint Statement of Undisputed Material Facts by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc., re #182 MOTION for Summary Judgment Motion for Partial Summary Judgment . (Tobin, Francis)(sxa).
May 5, 2021 Opinion or Order Filing 195 REPLY to Response to Motion re #171 MOTION for Partial Summary Judgment on Defendants' 1st and 32nd Affirmative Defenses filed by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Declaration of Shaun Markley, #2 Request for Judicial Notice)(Markley, Shaun)(sxa).
May 5, 2021 Opinion or Order Filing 194 Joint MOTION for Protective Order Amended by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Tobin, Francis)(sxa).
April 14, 2021 Opinion or Order Filing 193 RESPONSE in Opposition re #171 MOTION for Partial Summary Judgment on Defendants' 1st and 32nd Affirmative Defenses filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration of Wayne Parmer in Support of Defendants' Opposition to Plaintiff Tony Russell's Motion for Partial Summary Judgment on Defendants' First and Thirty-Second Affirmative Defenses, #2 Declaration of Frank L. Tobin in Support of Defendants' Opposition to Plaintiff Tony Russell's Motion for Partial Summary Judgment on Defendants' First and Thirty-Second Affirmative Defenses, #3 Exhibit 1 to Declaration of Frank L. Tobin, #4 Exhibit 2 to Declaration of Frank L. Tobin, #5 Exhibit 3 to Declaration of Frank L. Tobin, #6 Request for Judicial Notice, #7 Exhibit 1 to Request for Judicial Notice)(Tobin, Francis) (sxa).
April 14, 2021 Opinion or Order Filing 192 SEALED LODGED Proposed Document re: #191 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Markley, Shaun) (sxa).
April 14, 2021 Opinion or Order Filing 191 MOTION to File Documents Under Seal (With attachments)(Markley, Shaun) (sxa).
April 14, 2021 Opinion or Order Filing 190 RESPONSE in Opposition re #182 MOTION for Summary Judgment Motion for Partial Summary Judgment filed by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Declaration of Shaun Markley, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Request for Judicial Notice, #18 Declaration of Jeff Belander, #19 Declaration of Simon Goro, #20 Declaration of Jose Pena, #21 Declaration of Rey Pena, #22 Declaration of Tony Russell, #23 Declaration of Guiseppe Zizzo)(Markley, Shaun)
April 6, 2021 Opinion or Order Filing 189 DECLARATION re #185 Sealed Lodged Proposed Document, #182 MOTION for Summary Judgment Motion for Partial Summary Judgment, #187 Order on Motion to File Documents Under Seal by Defendants Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Exhibit A - Goro Deposition Excerpts, #2 Exhibit B - Russell Deposition Excerpts, #3 Exhibit C - R. Pena Deposition Excerpts, #4 Exhibit D - Belander Deposition Excerpts, #5 Exhibit E - Zizzo Deposition Excerpts, #6 Exhibit F - J. Pena Deposition Excerpts, #7 Exhibit G - Unredacted Memorandum of Points and Authorities in Support of Defendants' Motion for Partial Summary Judgment, #8 Exhibit H - Unredacted Defendants' Summary of Evidence in Support of Partial Summary Judgment)(Tobin, Francis) (sxa).
March 19, 2021 Opinion or Order Filing 188 NOTICE OF WITHDRAWAL OF DOCUMENT by Flowers Baking Co. of Henderson, LLC, Flowers Baking Co. of California, LLC, Flowers Foods, Inc. re #183 Declaration, filed by Flowers Foods, Inc., Flowers Baking Co. of Henderson, LLC, Flowers Baking Co. of California, LLC . (Tobin, Francis) (sxa).
March 16, 2021 Opinion or Order Filing 187 ORDER Denying #184 Without Prejudice Defendants' Administrative Motion to File Documents Under Seal. Signed by Judge Todd W. Robinson on 3/16/21. (sxa)
March 15, 2021 Opinion or Order Filing 186 DECLARATION re #182 MOTION for Summary Judgment Motion for Partial Summary Judgment Declaration of Andria Carter in Support of Defendants' Motion for Partial Summary Judgment by Defendants Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Exhibit 1 to Declaration of Andria Carter in Support of Defendants' Motion for Partial Summary Judgment)(Tobin, Francis) QC mail sent on 3/16/2021 re ecf 183(sxa).
March 15, 2021 Opinion or Order Filing 185 SEALED LODGED Proposed Document re: #184 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Tobin, Francis) (sxa).
March 15, 2021 Opinion or Order Filing 184 MOTION to File Documents Under Seal (With attachments)(Tobin, Francis) (sxa).
March 15, 2021 Opinion or Order Filing 183 ***WITHDRAWN PER #188 DECLARATION re #182 MOTION for Summary Judgment Motion for Partial Summary Judgment Declaration of Andria Carter in Support of Defendants' Motion for Partial Summary Judgment by Defendants Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Exhibit 1 to Declaration of Andria Carter in Support of Defendants' Motion for Partial Summary Judgment)(Tobin, Francis) (sxa). Modified on 3/21/2021 to withdraw document filed in error (sxa).
March 15, 2021 Opinion or Order Filing 182 MOTION for Summary Judgment Motion for Partial Summary Judgment by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Memo of Points and Authorities (Redacted), #2 Declaration of Frank L. Tobin, #3 Exhibit A to Declaration of Frank L. Tobin, #4 Exhibit B to Declaration of Frank L. Tobin, #5 Exhibit C to Declaration of Frank L. Tobin, #6 Exhibit D to Declaration of Frank L. Tobin, #7 Exhibit E to Declaration of Frank L. Tobin, #8 Exhibit F to Declaration of Frank L. Tobin, #9 Exhibit G to Declaration of Frank L. Tobin, #10 Exhibit H to Declaration of Frank L. Tobin, #11 Exhibit I to Declaration of Frank L. Tobin, #12 Exhibit J to Declaration of Frank L. Tobin, #13 Exhibit K to Declaration of Frank L. Tobin, #14 Exhibit L to Declaration of Frank L. Tobin, #15 Exhibit M to Declaration of Frank L. Tobin, #16 Exhibit N to Declaration of Frank L. Tobin, #17 Exhibit O to Declaration of Frank L. Tobin, #18 Exhibit P to Declaration of Frank L. Tobin, #19 Exhibit Q to Declaration of Frank L. Tobin, #20 Exhibit R to Declaration of Frank L. Tobin, #21 Exhibit S to Declaration of Frank L. Tobin, #22 Exhibit T to Declaration of Frank L. Tobin, #23 Exhibit U to Declaration of Frank L. Tobin, #24 Exhibit V to Declaration of Frank L. Tobin, #25 Exhibit W to Declaration of Frank L. Tobin, #26 Exhibit X to Declaration of Frank L. Tobin, #27 Exhibit Y to Declaration of Frank L. Tobin, #28 Exhibit Z to Declaration of Frank L. Tobin, #29 Exhibit AA to Declaration of Frank L. Tobin, #30 Exhibit BB to Declaration of Frank L. Tobin, #31 Exhibit CC to Declaration of Frank L. Tobin, #32 Exhibit DD to Declaration of Frank L. Tobin, #33 Exhibit EE to Declaration of Frank L. Tobin, #34 Compendium of Distributor Declarations in Support of Defendants' Motion for Partial Summary Judgment, #35 Exhibit 1 to Compendium, #36 Exhibit 2 to Compendium, #37 Exhibit 3 to Compendium, #38 Exhibit 4 to Compendium, #39 Exhibit 5 to Compendium, #40 Exhibit 6 to Compendium, #41 Exhibit 7 to Compendium, #42 Exhibit 8 to Compendium, #43 Exhibit 9 to Compendium, #44 Exhibit 10 to Compendium, #45 Exhibit 11 to Compendium, #46 Exhibit 12 to Compendium, #47 Exhibit 13 to Compendium, #48 Exhibit 14 to Compendium, #49 Exhibit 15 to Compendium, #50 Exhibit 16 to Compendium, #51 Exhibit 17 to Compendium, #52 Exhibit 18 to Compendium, #53 Defendants' Summary of Evidence in Support of Motion for Partial Summary Judgment, #54 Declaration of Andre Daigle, #55 Declaration of Dennis Hughes, #56 Exhibit A to Declaration of Dennis Hughes, #57 Exhibit B to Declaration of Dennis Hughes, #58 Exhibit C to Declaration of Dennis Hughes, #59 Declaration of Chuck Rich, #60 Exhibit A to Declaration of Chuck Rich, #61 Declaration of Tyler Schoenewald, #62 Exhibit A to Declaration of Tyler Schoenewald, #63 Exhibit B to Declaration of Tyler Schoenewald, #64 Exhibit C to Declaration of Tyler Schoenewald)(Tobin, Francis) (sxa).
March 15, 2021 Opinion or Order Filing 181 ORDER Granting #180 Joint Motion Re: Page Limitations on Defendant's Motion for Partial Summary Judgment. Signed by Judge Todd W. Robinson on 3/15/21. (sxa)
March 15, 2021 Opinion or Order Filing 180 Joint MOTION Regarding Page Limitations on Defendants' Motion for Partial Summary Judgment by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration of Frank L. Tobin In Support of Motion Re Page Limitations on Defendants' Motion for Partial Summary Judgment)(Tobin, Francis) (sxa).
March 12, 2021 Opinion or Order Filing 179 ORDER Denying #178 Without Prejudice Defendants' Request to Exceed Stated Page Limitations on Their Motion for Partial Summary Judgment. Signed by Judge Todd W. Robinson on 3/12/21. (sxa)
March 12, 2021 Opinion or Order Filing 178 MOTIONDefendants' Request to Exceed Stated Page Limitations on their Motion for Partial Summary Judgment by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Tobin, Francis) Modified on 3/12/2021 to correct event (sxa).
March 3, 2021 Opinion or Order Filing 177 ORDER Setting Hearing and Briefing Schedule on Motion for Summary Judgment: Defendants May File a motion for summary judgment or partial summary judgment, if any, on or before 03/15/2021. The Parties Shall File opposition(s) on or before 4/14/2021, and the Parties May File replies, if any, on or before 5/5/2021. The Court Sets a hearing on the motion(s) for summary judgment for 6/2/2021 01:30 PM in Courtroom 3A before Judge Todd W. Robinson. Signed by Judge Todd W. Robinson on 3/3/21.(sxa)
March 1, 2021 Opinion or Order Filing 176 STATUS REPORT Amended Joint Status Report by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Palmer, Jared) (sxa).
March 1, 2021 Opinion or Order Filing 175 NOTICE of Appearance by Jared Lee Palmer on behalf of Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Palmer, Jared)Attorney Jared Lee Palmer added to party Flowers Baking Co. of California, LLC(pty:dft), Attorney Jared Lee Palmer added to party Flowers Baking Co. of Henderson, LLC(pty:dft), Attorney Jared Lee Palmer added to party Flowers Foods, Inc.(pty:dft) (sxa).
February 26, 2021 Opinion or Order Filing 174 STATUS REPORT Joint Status Report by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Tobin, Francis) (sxa).
February 19, 2021 Opinion or Order Filing 173 **Docketed Sealed as 223 per #222 **SEALED LODGED Proposed Document re: #172 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Markley, Shaun) (sxa). Modified on 12/3/2021 to seal exhibits per order (jmo).
February 19, 2021 Opinion or Order Filing 172 MOTION to File Documents Under Seal (With attachments)(Markley, Shaun) (sxa).
February 19, 2021 Opinion or Order Filing 171 MOTION for Partial Summary Judgment on Defendants' 1st and 32nd Affirmative Defenses by Tony Russell. (Attachments: #1 Memo of Points and Authorities (Redacted), #2 Declaration of Shaun Markely, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB, #31 Exhibit CC, #32 Exhibit DD, #33 Exhibit EE, #34 Exhibit FF, #35 Exhibit GG, #36 Exhibit HH, #37 Exhibit II, #38 Exhibit JJ, #39 Exhibit KK, #40 Exhibit LL, #41 Exhibit MM, #42 Exhibit NN, #43 Exhibit OO, #44 Exhibit PP, #45 Declaration of Chris Thorndike, #46 Request for Judicial Notice)(Markley, Shaun) (sxa).
February 16, 2021 Opinion or Order Filing 170 ORDER for Joint Status Report. In light of the absence of pretrial dates and deadlines, the Court Order the Parties to file a Joint Status Report, not to exceed twenty (20) pages, on or before 2/26/2021. (ECF Nos. 99, 100, 104, 105). Signed by Judge Todd W. Robinson on 2/12/21.(sxa)
January 29, 2021 Opinion or Order Filing 169 ORDER LIFTING STAY. (ECF Nos. #166 , #168 ). Signed by Judge Todd W. Robinson on 1/28/21.(sxa)
January 28, 2021 Opinion or Order Filing 168 NOTICE of Recent Decision Affecting Stay by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo (Attachments: #1 Exhibit A)(Tomasevic, Alex) (sxa).
September 25, 2020 Opinion or Order Filing 167 ORDER OF TRANSFER. Judge Janis L. Sammartino is no longer assigned. Case reassigned to Judge Todd W. Robinson for all further proceedings. The new case number is 17CV2580-TWR(JLB). Signed by Judge Janis L. Sammartino on 9/25/2020.(jpp)
February 18, 2020 Opinion or Order Filing 166 ORDER: (1) Granting Defendants' Motion to Stay; and (2) Denying without prejudice cross-motions for partial summary judgment (ECF Nos. #99 , #100 , #104 , #105 , #141 ). Signed by Judge Janis L. Sammartino on 2/18/2020. (jpp)
January 24, 2020 Opinion or Order Filing 165 NOTICE Defendants' Notice of Supplemental Authority in Support of Their Motion to Stay This Action Pending the Resolution of Whether the "ABC" Test Applies Retroactively and Whether the FAAAA Preempts the "ABC" Test by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. re #141 MOTION to Stay Defendants' Notice of Motion and Motion to Stay This Action Pending the Resolution of Whether the "ABC" Test Applies Retroactively and Whether the FAAAA Preempts Prong "B" of the Test (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Tobin, Francis) (jpp).
January 14, 2020 Opinion or Order Filing 164 OBJECTION by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. re #163 Notice (Other), Defendants' Objection to Plaintiffs' Notice of Supplemental Authorities in Support of Their Opposition to Defendants' Motion to Stay This Action Pending the Resolution of Whether the "ABC" Test Applies Retroactively and Whether the FAAAA Preempts Prong "B" of the "ABC" Test and Plaintiffs' Motion for Class Certification (Tobin, Francis) (jpp).
January 10, 2020 Opinion or Order Filing 163 NOTICE of Supplemental Authority in Support of Plaintiffs' Opposition to Motion to Stay [143, 144] and Plaintiff Tony Russell's Motion for Partial Summary Judgment #99 by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo re #99 MOTION for Partial Summary Judgment (Attachments: #1 Proof of Service)(Markley, Shaun) (jpp).
January 8, 2020 Opinion or Order Filing 162 NOTICE Defendants' Notice of Supplemental Authority in Support of Their Motion to Stay This Action Pending the Resolution of Whether the "ABC" Test Applies Retroactively and Whether the FAAA Preempts the "ABC" Test by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. re #141 MOTION to Stay Defendants' Notice of Motion and Motion to Stay This Action Pending the Resolution of Whether the "ABC" Test Applies Retroactively and Whether the FAAAA Preempts Prong "B" of the Test (Attachments: #1 Exhibit 1)(Tobin, Francis) (jpp).
December 13, 2019 Opinion or Order Filing 161 DECLARATION of Shaun Markley in Support of Plaintiffs' Motion to File Documents Under Seal by Plaintiffs Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Exhibit 17 to Declaration of Shaun Markley in support of Motion to Compel)(aef)
December 13, 2019 Opinion or Order Filing 160 ORDER Denying #131 Plaintiffs' Ex Parte Motion to File Documents Under Seal. Plaintiffs' Ex Parte Motion to File Documents Under Seal (ECF No. 131) is DENIED. The Clerk of Court is directed to publicly file the exhibit lodged at ECF No. 132. Signed by Magistrate Judge Jill L. Burkhardt on 12/13/2019. (aef)
December 6, 2019 Opinion or Order Filing 159 NOTICE Defendants' Notice of Non-Objection to Plaintiff's Ex Parte Motion to File Documents Under Seal [ECF No. 131] by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. re #131 MOTION to File Documents Under Seal (Tobin, Francis) (jpp).
November 29, 2019 Opinion or Order Filing 158 ORDER requiring response to #131 Plaintiff's ex parte motion to file documents under seal. Signed by Magistrate Judge Jill L. Burkhardt on 11/29/2019.(jpp)
November 22, 2019 Opinion or Order Filing 157 ORDER: Denying #130 Plaintiffs' Motion to Compel; and (2) Denying as moot Defendants' motion for Protective Order. Signed by Magistrate Judge Jill L. Burkhardt on 11/22/2019. (jpp)
November 22, 2019 Opinion or Order Filing 156 NOTICE Defendants' Notice of Supplemental Authority in Support of Their Motion to Stay This Action Pending the Resolution of Whether the "ABC" Test Applies Retroactively and Whether the FAAA Preempts Prong "B" of the Test by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. re #141 MOTION to Stay Defendants' Notice of Motion and Motion to Stay This Action Pending the Resolution of Whether the "ABC" Test Applies Retroactively and Whether the FAAAA Preempts Prong "B" of the Test (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Tobin, Francis) (jpp).
November 1, 2019 Opinion or Order Filing 155 NOTICE Defendants' Notice of Supplemental Authority in Support of Their Motion to Stay This Action Pending the Resolution of Whether the ABC Test Applies Retroactively and Whether the FAAA Preempts Prong B of the Test by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. re #141 MOTION to Stay Defendants' Notice of Motion and Motion to Stay This Action Pending the Resolution of Whether the "ABC" Test Applies Retroactively and Whether the FAAAA Preempts Prong "B" of the Test (Attachments: #1 Exhibit 1)(Tobin, Francis) (jpp).
October 23, 2019 Opinion or Order Filing 154 RESPONSE re #153 Notice (Other), Defendants' Objection to Plaintiffs' Notice of Supplemental Authority in Support of Tony Russell's Motion for Partial Summary Judgment (ECF No. 99) and Plaintiff's Opposition to Defendants' Motion to Stay (ECF No. 143, 144) filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Tobin, Francis) (jpp).
October 16, 2019 Opinion or Order Filing 153 NOTICE of Supplemental Authority in Support of Plaintiff's Motion for Partial Summary Judgment #99 and Plaintiffs' Opposition to Motion to Stay [143, 144] by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo re #99 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1, #2 Proof of Service)(Markley, Shaun) (jpp).
October 11, 2019 Opinion or Order Filing 149 ORDER Granting #112 , #115 , #119 Motions to File Documents Under Seal. Signed by Judge Janis L. Sammartino on 10/11/2019. (aef)
October 7, 2019 Opinion or Order Filing 148 RESPONSE re #146 Notice (Other) Defendants' Objection to Plaintiffs' Notice of Supplemental Authorities in Support of Their Opposition to Defendants' Motion to Stay This Action Pending the Resolution of Whether the ABC Test Applies Retroactively and Whether the FAAAA Preempts Prong B of the ABC Test filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Tobin, Francis) (jpp).
October 4, 2019 Opinion or Order Filing 147 ORDER vacating hearing on motion #141 and taking matter under submission without oral argument. Signed by Judge Janis L. Sammartino on 10/04/2019.(jpp)
October 1, 2019 Opinion or Order Filing 146 NOTICE of Supplemental Authority by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo re #143 Response in Opposition to Motion,,, (Attachments: #1 Exhibit 1, #2 Proof of Service)(Markley, Shaun) (jpp).
September 6, 2019 Opinion or Order Filing 145 REPLY - Other re #141 MOTION to Stay Defendants' Notice of Motion and Motion to Stay This Action Pending the Resolution of Whether the "ABC" Test Applies Retroactively and Whether the FAAAA Preempts Prong "B" of the Test Reply in Further Support of Defendants' Motion to Stay This Action Pending the Resolution of Whether the "ABC" Test Applies Retroactively and Whether the FAAAA Preempts Prong "B" of the Test filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Tobin, Francis) (jpp).
September 3, 2019 Opinion or Order Filing 144 NOTICE of Errata Re Exhibits on Plaintiffs' Opposition to Defendants' Motion to Stay by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo re #143 Response in Opposition to Motion,,, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proof of Service)(Tomasevic, Alex) (jpp).
August 30, 2019 Opinion or Order Filing 143 RESPONSE in Opposition re #141 MOTION to Stay Defendants' Notice of Motion and Motion to Stay This Action Pending the Resolution of Whether the "ABC" Test Applies Retroactively and Whether the FAAAA Preempts Prong "B" of the Test filed by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Declaration of Alex Tomasevic in Support of Plaintiffs' Opposition to Defendants' Motion to Stay this Action Pending the Resolution of Whether "ABC" Test Applies Retroactively and Whether the FAAAA Preempts Prong "B" of the Test, #2 Notice Notice of Lodgment in Support of Plaintiffs' Opposition to Defendants' Motion to Stay, #3 Proof of Service)(Tomasevic, Alex) (jpp).
August 14, 2019 Opinion or Order Filing 142 ORDER: (1) Setting briefing schedule for #141 motion to stay; and (2) Deferring ruling on motions for partial summary judgment. (ECF Nos. #99 , #100 , #104 , #105 ). Plaintiffs shall file an Opposition to the Motion to Stay, if any, on or before 8/30/2019. Defendants shall file a Reply in Support of their Motion, if any, on or before 9/06/2019. Signed by Judge Janis L. Sammartino on 8/14/2019. (jpp)
August 13, 2019 Opinion or Order Filing 141 MOTION to Stay Defendants' Notice of Motion and Motion to Stay This Action Pending the Resolution of Whether the "ABC" Test Applies Retroactively and Whether the FAAAA Preempts Prong "B" of the Test by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Defendants' Motion to Stay This Action Pending the Resolution of Whether the "ABC" Test Applies Retroactively and Whether the FAAAA Preempts Prong "B" of the Test, #2 Notice of Lodgment in Support of Defendants' Motion to Stay This Action Pending the Resolution of Whether the "ABC" Test Applies Retroactively and Whether the FAAAA Preempts Prong "B" of the Test, #3 Exhibit 1 to Notice of Lodgment, #4 Exhibit 2 to Notice of Lodgment)(Tobin, Francis) (jpp).
August 13, 2019 Opinion or Order Filing 140 NOTICE of Supplemental Authority in Support and Plaintiffs' Opposition to #114 Defendants' Motion for Partial Summary Judgment by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo re #99 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1, #2 Proof of Service)(Markley, Shaun) (jpp).
July 25, 2019 Opinion or Order Filing 139 PRO HAC APPROVED re #138 : Paul Brian Maslo appearing for Defendants Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (no document attached) (mdc)
July 24, 2019 Opinion or Order Filing 138 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12305651 - See #107 .) (Application to be reviewed by Clerk.) (Maslo, Paul) Modified on text 7/25/2019 to add filing fee info. (mdc)
July 19, 2019 Opinion or Order Filing 137 NOTICE Defendants' Notice of Supplemental Authority in Support of Their Motion for Partial Summary Judgment and Opposition to Plaintiff Tony Russell's Motion for Partial Summary Judgment by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Attachments: #1 Exhibit 1 to Defendants' Notice of Supplemental Authority in Support of Their Motion for Partial Summary Judgment and Opposition to Plaintiff Tony Russell's Motion for Partial Summary Judgment)(Tobin, Francis) (jpp).
July 18, 2019 Opinion or Order Filing 136 NOTICE Withdrawal of Counsel - Clint S. Engleson by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Tobin, Francis) (jpp).
July 2, 2019 Opinion or Order Filing 135 ORDER Vacating Hearing and Taking Matter Under Submission. The Court finds the Cross-Motions for Partial Summary Judgment (ECF Nos. #99 , #104 ) suitable for disposition without oral argument. The Court Court vacates the hearings and takes the matters under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 7/2/2019.(jrm) (jao).
June 28, 2019 Opinion or Order Filing 134 REPLY to Response to Motion re #130 MOTION to Compel Defendants to Produce Disputed Documents and for Sanctions filed by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Declaration (Supplemental) of Shaun Markley in Support of Plaintiffs' Motion to Compel Disputed Documents and for Sanctions, #2 Proof of Service)(Markley, Shaun) (jrm).
June 24, 2019 Opinion or Order Filing 133 RESPONSE in Opposition re #130 MOTION to Compel Defendants to Produce Disputed Documents filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration of Frank Tobin in Support of Defendants' Opposition to Plaintiffs' Motion to Compel, #2 Exhibit A to Declaration of Frank Tobin, #3 Exhibit B to Declaration of Frank Tobin, #4 Exhibit C to Declaration of Frank Tobin, #5 Exhibit D to Declaration of Frank Tobin)(Tobin, Francis) (jpp).
June 17, 2019 Opinion or Order Filing 132 SEALED LODGED Proposed Document re: #131 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Markley, Shaun) (aef).
June 17, 2019 Opinion or Order Filing 131 MOTION to File Documents Under Seal (With attachments)(Markley, Shaun) (aef).
June 17, 2019 Opinion or Order Filing 130 MOTION to Compel Defendants to Produce Disputed Documents by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Shaun Markley, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17 (Filed Under Seal), #20 Exhibit 18, #21 Proof of Service)(Markley, Shaun) (jpp).
June 7, 2019 Opinion or Order Filing 129 Minute Order for proceedings held before Magistrate Judge Jill L. Burkhardt. On May 10, 2019, the Court held a telephonic, counsel-only Discovery Conference. (ECF No. 127.) On June 6, 2019, the Court held a continued telephonic, counsel-only Discovery Conference. (ECF No. 128.). (jpp)
June 7, 2019 Opinion or Order Filing 128 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic, counsel-only Discovery Conference held on 6/6/2019 re ECF No. 127. Briefing Schedule to follow. (Plaintiff Attorney Alex M. Tomasevic). (Defendant Attorney Clint S. Engleson; Francis L. Tobin). (no document attached) (mjg)
May 10, 2019 Opinion or Order Filing 127 MINUTE ORDER for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic, counsel-only Discovery Conference held on 5/10/2019 re ECF No. 124. The Court hereby SETS a continued telephonic, counsel-only Discovery Conference for 6/6/2019, at 11:30 AM before Judge Burkhardt. For purposes of the Conference, counsel for the parties shall place a joint call to Judge Burkhardt's chambers with all participating counsel already on the line. (Plaintiff Attorney Shaun A. Markley; Alex M. Tomasevic). (Defendant Attorney Clint S. Engleson; Francis L. Tobin). (no document attached) (mjg)
May 9, 2019 Opinion or Order Filing 126 SUPPLEMENTAL BRIEFING by Plaintiffs Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo re #121 Reply - Other,, (Plaintiffs' Responses to Defendants' Objections to Plaintiffs' Evidence Submitted in Opposition to Motion for Partial Summary Judgment). (Attachments: #1 Proof of Service)(Markley, Shaun) (jpp).
May 8, 2019 Opinion or Order Filing 125 NOTICE Defendants' Notice of Supplemental Authority in Support of Motion for Partial Summary Judgment by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Attachments: #1 Exhibit 1 to Defendants' Notice of Supplemental Authority in Support of Motion for Partial Summary Judgment)(Tobin, Francis) (jpp).
May 8, 2019 Opinion or Order Filing 124 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: On 5/6/2019, counsel for the parties left a joint voicemail message with Judge Burkhardt's chambers requesting the Court's assistance with a discovery dispute. The Court hereby SETS a telephonic, counsel-only Discovery Conference for 5/10/2019, at 9:00 AM before Judge Burkhardt. For purposes of the Conference, counsel for the parties shall place a joint call to Judge Burkhardt's chambers with all participating counsel already on the line. Further, no later than 5/9/2019, at 3:00 PM, the parties shall LODGE via e-mail at efile_Burkhardt@casd.uscourts.gov a joint and integrated document of no more than 3 pages that lists the issue(s) in dispute along with each party's position on each issue. The parties should attach as an exhibit to the lodgment excerpts setting forth only the relevant discovery requests and discovery responses at issue (including any material definitions and general objections). Counsel should not attach copies of any meet and confer correspondence. (no document attached) (mjg)
May 7, 2019 Opinion or Order Filing 123 NOTICE of Supplemental Authority in support of Plaintiff's Motion for Partial Summary Judgment by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo re #99 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1, Ninth Circuit Opinion in Vazquez v. Jan-Pro Franchising Int'l, #2 Proof of Service)(Markley, Shaun) (jpp).
May 3, 2019 Opinion or Order Filing 122 NOTICE of Withdrawal of Counsel-Paul Brian Maslo by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Engleson, Clint) (jpp).
May 2, 2019 Opinion or Order Filing 121 REPLY - Other re #104 MOTION for Partial Summary Judgment Reply in Support of Defendants' Motion for Partial Summary Judgment filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Defendants' Objections to Plaintiffs' Evidence Submitted in Opposition to Motion for Partial Summary Judgment, #2 Request for Judicial Notice, #3 Exhibit A to Reply Request for Judicial Notice)(Tobin, Francis) (jpp).
May 2, 2019 Opinion or Order Filing 120 ***FILED AS SEALED DOCUMENT ON 10/11/2019*** - SEALED LODGED Proposed Document re: #119 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Markley, Shaun) (rmc). Modified on 10/11/2019 to add file date of lodgment (aef).
May 2, 2019 Opinion or Order Filing 119 MOTION to File Documents Under Seal (With attachments)(Markley, Shaun) (rmc).
May 2, 2019 Opinion or Order Filing 118 REPLY to Response to Motion re #99 MOTION for Partial Summary Judgment (Redacted) filed by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Declaration of Shaun Markley, #2 Exhibit HH, #3 Exhibit II, #4 Exhibit JJ, #5 Exhibit KK (Redacted), #6 Request for Judicial Notice, #7 Plaintiff's Responses to Defendants' Objections to Evidence filed in support of his Motion for Partial Summary Judgment (Redacted), #8 Proof of Service)(Markley, Shaun) (jpp).
April 26, 2019 Opinion or Order Filing 117 ORDER continuing hearing on #99 and #104 to 7/11/2019 at 1:30pm. Signed by Judge Janis L. Sammartino on 4/26/2019.(jpp)
April 25, 2019 Opinion or Order Filing 116 ***FILED AS SEALED DOCUMENT ON 10/11/2019*** - SEALED LODGED Proposed Document re: #115 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Markley, Shaun) (aef). Modified on 10/11/2019 to add file date of lodgment (aef).
April 25, 2019 Opinion or Order Filing 115 MOTION to File Documents Under Seal (With attachments)(Markley, Shaun) (aef).
April 25, 2019 Opinion or Order Filing 114 RESPONSE in Opposition re #104 MOTION for Partial Summary Judgment filed by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Declaration of Shaun Markley in support of Plaintiffs' Opposition, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C (Filed Separately Under Seal), #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K (Filed Separately Under Seal), #13 Exhibit L (Filed Separately Under Seal), #14 Exhibit M (Filed Separately Under Seal), #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Declaration of Jeff Belander, #24 Declaration of Simon Goro, #25 Declaration of Jose Pena, #26 Declaration of Rey Pena, #27 Declaration of Tony Russell, #28 Declaration of Guiseppe Zizzo, #29 Request for Judicial Notice in support of Plaintiffs' Opposition, #30 Proof of Service)(Markley, Shaun) (jpp).
April 25, 2019 Opinion or Order Filing 113 ***FILED AS SEALED DOCUMENT ON 10/11/2019*** - SEALED LODGED Proposed Document re: #112 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Tobin, Francis) (aef). Modified on 10/11/2019 to add file date of lodgment (aef).
April 25, 2019 Opinion or Order Filing 112 MOTION to File Documents Under Seal (With attachments)(Tobin, Francis)(aef).
April 25, 2019 Opinion or Order Filing 111 RESPONSE in Opposition re #99 MOTION for Partial Summary Judgment Defendants' Opposition to Plaintiff Tony Russell's Motion for Partial Summary Judgement on Defendants' First Affirmative Defense filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration of Frank L. Tobin in Support of Defendants' Opposition to Plaintiff Tony Russell's Motion for Partial Summary Judgement on Defendants' First Affirmative Defense, #2 Exhibit 1 (Under Seal), #3 Exhibit 2, #4 Declaration of Wayne Parmer in Support of Defendants' Opposition to Plaintiff Tony Russell's Motion for Partial Summary Judgement, #5 Declaration of Chuck Rich, #6 Defendants' Objections to Evidence in Support of Defendants' Opposition to Plaintiff Tony Russell's Motion for Partial Summary Judgement on Defendants' First Affirmative Defense, #7 Request for Judicial Notice in Support of Defendants' Opposition to Plaintiff Tony Russell's Motion for Partial Summary Judgement on Defendants' First Affirmative Defense, #8 Exhibit 1 to Request for Judicial Notice in Support of Defendants' Opposition to Plaintiff Tony Russell's Motion for Partial Summary Judgement on Defendants' First Affirmative Defense)(Tobin, Francis) (jpp).
April 24, 2019 Opinion or Order Filing 110 ORDER denying #109 Defendant's request to exceed page limitations. Signed by Judge Janis L. Sammartino on 4/24/2019. (jpp)
April 23, 2019 Opinion or Order Filing 109 NOTICE Defendants' Request to Exceed Stated Page Limitations on Their Opposition to Plaintiff Tony Russell's Motion for Partial Summary Judgment by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Tobin, Francis) (jpp).
March 15, 2019 Opinion or Order Filing 108 PRO HAC APPROVED re #107 : Paul Brian Maslo appearing for Defendants Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (no document attached) (mdc)
March 15, 2019 Opinion or Order Filing 107 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12305651.) (Application to be reviewed by Clerk.) (Maslo, Paul) (mdc)
March 12, 2019 Opinion or Order Filing 106 SEALED LODGED Proposed Document re: #105 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Tobin, Francis) (aef).
March 12, 2019 Opinion or Order Filing 105 MOTION to File Documents Under Seal (With attachments)(Tobin, Francis) (aef).
March 12, 2019 Opinion or Order Filing 104 MOTION for Partial Summary Judgment by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Defendants' Motion for Partial Summary Judgment, #2 Declaration of Tyler Schoenewald in Support of Defendants' Motion for Partial Summary Judgment, #3 Declaration of Frank L. Tobin in Support of Defendants' Motion for Partial Summary Judgment, #4 Exhibit A to Declaration of Frank L. Tobin, #5 Exhibit B to Declaration of Frank L. Tobin, #6 Exhibit C to Declaration of Frank L. Tobin, #7 Exhibit D to Declaration of Frank L. Tobin, #8 Exhibit E to Declaration of Frank L. Tobin, #9 Exhibit F to Declaration of Frank L. Tobin, #10 Exhibit G to Declaration of Frank L. Tobin, #11 Exhibit H to Declaration of Frank L. Tobin, #12 Exhibit I to Declaration of Frank L. Tobin, #13 Exhibit J to Declaration of Frank L. Tobin, #14 Exhibit K to Declaration of Frank L. Tobin, #15 Exhibit L to Declaration of Frank L. Tobin, #16 Exhibit M to Declaration of Frank L. Tobin, #17 Exhibit N to Declaration of Frank L. Tobin, #18 Exhibit O to Declaration of Frank L. Tobin, #19 Exhibit P to Declaration of Frank L. Tobin, #20 Exhibit Q to Declaration of Frank L. Tobin, #21 Exhibit R to Declaration of Frank L. Tobin, #22 Exhibit S to Declaration of Frank L. Tobin, #23 Exhibit T to Declaration of Frank L. Tobin, #24 Exhibit U to Declaration of Frank L. Tobin, #25 Exhibit V to Declaration of Frank L. Tobin, #26 Exhibit W to Declaration of Frank L. Tobin, #27 Declaration of Chuch Rich in Support of Defendants' Motion for Partial Summary Judgment, #28 Exhibit A to Declaration of Chuck Rich, #29 Exhibit B to Declaration of Chuck Rich, #30 Exhibit C to Declaration of Chuck Rich, #31 Exhibit D to Declaration of Chuck Rich, #32 Exhibit E to Declaration of Chuck Rich, #33 Exhibit F to Declaration of Chuck Rich, #34 Exhibit G to Declaration of Chuck Rich, #35 Exhibit H to Declaration of Chuck Rich, #36 Exhibit I to Declaration of Chuck Rich, #37 Defendants' Compendium of Distributor Declarations in Support of Motion for Partial Summary Judgment, #38 Exhibit 1 to Compendium, #39 Exhibit 2 to Compendium, #40 Exhibit 3 to Compendium, #41 Exhibit 4 to Compendium, #42 Exhibit 5 to Compendium, #43 Exhibit 6 to Compendium, #44 Exhibit 7 to Compendium, #45 Exhibit 8 to Compendium, #46 Exhibit 9 to Compendium, #47 Exhibit 10 to Compendium, #48 Exhibit 11 to Compendium, #49 Exhibit 12 to Compendium, #50 Exhibit 13 to Compendium, #51 Exhibit 14 to Compendium, #52 Exhibit 15 to Compendium, #53 Exhibit 16 to Compendium, #54 Exhibit 17 to Compendium, #55 Exhibit 18 to Compendium, #56 Defendants' Summary of Evidence in Support of Motion for Partial Summary Judgment, #57 Request for Judicial Notice in Support of Defendants' Motion for Partial Summary Judgment, #58 Exhibit A to Request for Judicial Notice)(Tobin, Francis) (jpp).
March 11, 2019 Opinion or Order Filing 103 ORDER granting in part #102 Defendants' request to exceed page limitations. Signed by Judge Janis L. Sammartino on 3/11/2019. (jpp)
March 8, 2019 Opinion or Order Filing 102 NOTICE Defendants' Request to Exceed Stated Page Limitations on Their Motion for Partial Summary Judgment by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Tobin, Francis) (jpp).
February 15, 2019 Opinion or Order Filing 101 SEALED LODGED Proposed Document re: #100 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Markley, Shaun) (aef).
February 15, 2019 Opinion or Order Filing 100 MOTION to File Documents Under Seal (With attachments)(Markley, Shaun) (aef).
February 15, 2019 Opinion or Order Filing 99 MOTION for Partial Summary Judgment by Tony Russell. (Attachments: #1 Memo of Points and Authorities (Redacted), #2 Declaration of Shaun Markley, #3 Exhibit A - Flowers Website & Investor Fact Sheet, #4 Exhibit B - 2018 SEC 10Q Filing, #5 Exhibit C - Director of Sales Job Description, #6 Exhibit D - SEALED, #7 Exhibit E - Organizational Chart of Flowers Baking Company of California, LLC, #8 Exhibit F - SEALED, #9 Exhibit G - Walmart DSD Supplier Expectations, #10 Exhibit H - SEALED, #11 Exhibit I - SEALED, #12 Exhibit J - SEALED, #13 Exhibit K - SEALED, #14 Exhibit L - SEALED, #15 Exhibit M - SEALED, #16 Exhibit N - SEALED, #17 Exhibit O - SEALED, #18 Exhibit P - Albertsons Vendor Code of Conduct, #19 Exhibit Q - Kroger Enterprise Vendor Dress and Conduct Policy, #20 Exhibit R - Olive Garden Service Procedures, #21 Exhibit S - Declaration of Tony Russell, #22 Exhibit T - SEALED, #23 Exhibit U - Johnson v. Imperial Showgirls Minute Order, #24 Exhibit V - 2014 Flowers 10K, #25 Exhibit W - SEALED, #26 Exhibit X - SEALED, #27 Exhibit Y - SEALED, #28 Exhibit Z - SEALED, #29 Exhibit AA - SEALED, #30 Exhibit BB - SEALED, #31 Exhibit CC - SEALED, #32 Exhibit DD - SEALED, #33 Exhibit EE - SEALED, #34 Exhibit FF - 2011 Flowers 10K, #35 Exhibit GG - Transcript of Thomas E. Wilson, #36 Request for Judicial Notice, #37 Proof of Service)(Markley, Shaun) (jpp).
January 29, 2019 Opinion or Order Filing 98 Defendants' ANSWER to #95 Amended Complaint, Second Amended Complaint by Flowers Baking Co. of Henderson, LLC, Flowers Baking Co. of California, LLC, Flowers Foods, Inc..(Tobin, Francis) (jpp).
January 25, 2019 Opinion or Order Filing 97 MINUTE ORDER for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic, counsel-only Status Conference held on 1/24/2019. Pursuant to the Conference, Defendants shall produce a supplemental response to Request for Production No. 22 that complies with the Court's 12/11/2018 Order (ECF No. #91 ) no later than 1/28/2019. (Plaintiff Attorney Shaun A. Markley; Alex M. Tomasevic). (Defendant Attorney Clint S. Engleson; Francis L. Tobin). (mjg)
January 18, 2019 Opinion or Order Filing 96 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: On 1/18/2019, counsel for the parties left a joint voicemail message with Judge Burkhardt's chambers detailing a dispute over whether Defendants have fully complied with the Court's 12/11/2018 Order (ECF No. #91 ). The Court hereby sets a telephonic, counsel-only Status Conference for 1/24/2019, at 3:15 PM before Judge Burkhardt. For purposes of the Conference, counsel for the parties shall place a joint call to Judge Burkhardt's chambers with all participating counsel already on the line. (mjg)
January 15, 2019 Opinion or Order Filing 95 AMENDED COMPLAINT with Jury Demand (Second) against Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc., filed by Guiseppe Zizzo, Tony Russell, Jose Pena, Jeff Belander, Simon Goro, Rey Pena. (Attachments: #1 Redlined Second Amended Complaint, #2 Proof of Service) (Markley, Shaun) (jpp).
January 11, 2019 Opinion or Order Filing 94 ORDER (1) Granting #93 Joint Motion to Amend Scheduling Order, and (2) Issuing Scheduling Order. Signed by Judge Janis L. Sammartino on 1/11/2019. (jpp)
January 9, 2019 Opinion or Order Filing 93 Joint MOTION to Amend/Correct Scheduling Order by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Tobin, Francis) (jpp).
January 8, 2019 Opinion or Order Filing 92 ORDER (1) Granting #22 Defendants' Motion to Dismiss Plaintiffs' ninth cause of action; (2) Granting Plaintiffs' request for leave to amend; and (3) Denying as moot ( #78 and #81 ), motions for summary judgment. Signed by Judge Janis L. Sammartino on 1/08/2019. (jpp)
December 11, 2018 Opinion or Order Filing 91 ORDER Granting In Part #64 Plaintiffs' Motion to Compel. Plaintiffs' Motion to Compel (ECF No. 64) is GRANTED in part and DENIED in part. Each party shall bear their own fees and expenses incurred from bringing this motion. Signed by Magistrate Judge Jill L. Burkhardt on 12/11/2018. (aef)
December 7, 2018 Opinion or Order Filing 90 NOTICE OF RELATED CASE(S) by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo of case(s) 3:18-cv-02650-BTM-MDD . (Attachments: #1 Exhibit A, #2 Proof of Service)(Markley, Shaun) (jpp).
November 26, 2018 Opinion or Order Filing 89 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Mandatory Settlement Conference held on 11/26/2018. The case did not settle. (Plaintiff Attorney Shaun A. Markley; Craig Nicholas; Alex Tomasevic). (Defendant Attorney Frank L. Tobin). (Simon Goro; Tony Russell; Rey Pena; Jose Pena; Jeff Belander; Guiseppe Zizzo; Steven Moulds). (no document attached) (mjg)
November 20, 2018 Opinion or Order Filing 84 ORDER Granting #65 , #68 , #79 , #82 Motions to File Documents Under Seal. Signed by Judge Janis L. Sammartino on 11/20/2018. (aef)
November 16, 2018 Opinion or Order Filing 83 ***FILED AS SEALED DOCUMENT ON 11/20/2018*** - SEALED LODGED Proposed Document re: #82 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Markley, Shaun)(aef). Modified on 11/21/2018 filed as sealed document (aef).
November 16, 2018 Opinion or Order Filing 82 MOTION to File Documents Under Seal (With attachments)(Markley, Shaun) (aef).
November 16, 2018 Opinion or Order Filing 81 MOTION for Partial Summary Judgment on Defendants' First Affirmative Defense by Tony Russell. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Shaun Markley, #3 Exhibit A to Declaration of Shaun Markley, #4 Exhibit B to Declaration of Shaun Markley, #5 Exhibit C to Declaration of Shaun Markley, #6 Exhibit D to Declaration of Shaun Markley, #7 Exhibit E to Declaration of Shaun Markley, #8 Exhibit F to Declaration of Shaun Markley, #9 Exhibit G to Declaration of Shaun Markley, #10 Exhibit H to Declaration of Shaun Markley, #11 Exhibit I to Declaration of Shaun Markley, #12 Exhibit J to Declaration of Shaun Markley, #13 Exhibit K to Declaration of Shaun Markley, #14 Exhibit L to Declaration of Shaun Markley, #15 Exhibit M to Declaration of Shaun Markley, #16 Exhibit N to Declaration of Shaun Markley, #17 Exhibit O to Declaration of Shaun Markley, #18 Exhibit P to Declaration of Shaun Markley, #19 Exhibit Q to Declaration of Shaun Markley, #20 Exhibit R to Declaration of Shaun Markley, #21 Exhibit S to Declaration of Shaun Markley, #22 Exhibit T to Declaration of Shaun Markley, #23 Exhibit U to Declaration of Shaun Markley, #24 Exhibit V to Declaration of Shaun Markley, #25 Exhibit W to Declaration of Shaun Markley, #26 Exhibit X to Declaration of Shaun Markley, #27 Exhibit Y to Declaration of Shaun Markley, #28 Exhibit Z to Declaration of Shaun Markley, #29 Exhibit AA to Declaration of Shaun Markley, #30 Exhibit BB to Declaration of Shaun Markley, #31 Exhibit CC to Declaration of Shaun Markley, #32 Exhibit DD to Declaration of Shaun Markley, #33 Exhibit EE to Declaration of Shaun Markley, #34 Exhibit FF to Declaration of Shaun Markley, #35 Exhibit GG to Declaration of Shaun Markley, #36 Exhibit HH to Declaration of Shaun Markley, #37 Proof of Service)(Markley, Shaun) (jpp).
November 16, 2018 Opinion or Order Filing 80 ***FILED AS SEALED DOCUMENT ON 11/20/2018*** - SEALED LODGED Proposed Document re: #79 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Tobin, Francis)(aef). Modified on 11/21/2018 to add file date of lodgment(aef).
November 16, 2018 Opinion or Order Filing 79 MOTION to File Documents Under Seal (With attachments)(Tobin, Francis) (aef).
November 16, 2018 Opinion or Order Filing 78 MOTION for Partial Summary Judgment by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration of Frank Tobin in Support of Motion, #2 Exhibit A to Declaration of Frank Tobin - Filed Under Seal, #3 Exhibit B to Declaration of Frank Tobin - Filed Under Seal, #4 Exhibit C to Declaration of Frank Tobin - Filed Under Seal, #5 Exhibit D to Declaration of Frank Tobin - Filed Under Seal, #6 Exhibit E to Declaration of Frank Tobin - Filed Under Seal, #7 Exhibit F to Declaration of Frank Tobin - Filed Under Seal, #8 Exhibit G to Declaration of Frank Tobin, #9 Exhibit H to Declaration of Frank Tobin, #10 Exhibit I to Declaration of Frank Tobin, #11 Exhibit J to Declaration of Frank Tobin, #12 Exhibit K to Declaration of Frank Tobin, #13 Exhibit L to Declaration of Frank Tobin, #14 Exhibit M to Declaration of Frank Tobin, #15 Exhibit N to Declaration of Frank Tobin, #16 Exhibit O to Declaration of Frank Tobin, #17 Exhibit P to Declaration of Frank Tobin, #18 Exhibit Q to Declaration of Frank Tobin, #19 Exhibit R to Declaration of Frank Tobin, #20 Exhibit S to Declaration of Frank Tobin, #21 Exhibit T to Declaration of Frank Tobin, #22 Exhibit U to Declaration of Frank Tobin, #23 Exhibit V to Declaration of Frank Tobin, #24 Exhibit W to Declaration of Frank Tobin, #25 Memo of Points and Authorities, #26 Declaration of Tyler Schoenewald in Support of Motion, #27 Declaration of Chuck Rich in Support of Motion, #28 Exhibit A to Declaration of Chuck Rich, #29 Exhibit B to Declaration of Chuck Rich, #30 Exhibit C to Declaration of Chuck Rich, #31 Exhibit D to Declaration of Chuck Rich, #32 Exhibit E to Declaration of Chuck Rich, #33 Exhibit F to Declaration of Chuck Rich, #34 Exhibit G to Declaration of Chuck Rich, #35 Exhibit H to Declaration of Chuck Rich, #36 Exhibit I to Declaration of Chuck Rich)(Tobin, Francis) (jpp).
November 13, 2018 Opinion or Order Filing 77 ORDER granting Joint Motion to Continue Mandatory Settlement Conference (ECF No. #76 ): The Mandatory Settlement Conference previously set for 11/14/2018 is hereby RESET for 11/26/2018, at 9:00 AM in the Chambers of Magistrate Judge Jill L. Burkhardt, Edward J. Schwartz U.S. Courthouse, 221 West Broadway, Suite 5140, San Diego, California 92101. The deadline for lodging supplemental MSC Statements with efile_Burkhardt@casd.uscourts.gov is RESET to 11/19/2018. The mandatory directions for the MSC are set forth in Judge Burkhardt's Civil Chambers Rules and the operative Scheduling Order for this action (ECF No. #73 ). This Order does not otherwise alter the Court's 11/2/2018 Order (ECF No. #73 ). (no document attached) (mjg)
November 8, 2018 Opinion or Order Filing 76 Joint MOTION to Amend/Correct Scheduling Order by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration of Frank Tobin)(Tobin, Francis) (jpp).
November 7, 2018 Opinion or Order Filing 75 Minute Order by Magistrate Judge Jill L. Burkhardt: On 11/7/2018, defense counsel left an ex parte voicemail message with Judge Burkhardt's chambers requesting alternative settlement conference dates. The Court directs the parties to VII of Judge Burkhardt's Civil Chambers Rules, which provides: "Counsel seeking to continue or reschedule any matter must confer with opposing counsel in person or by telephone prior to making the request. Unless the Court directs otherwise, all requests to continue or reschedule any matter must be filed on the docket. The request should be made by filing a joint motion or, if opposed, the motion may be made ex parte pursuant to Civil Local Rule 83.3.g. Timely requests will be granted only upon a showing of good cause. See Fed. R. Civ. P. 6(b), 16(b)(4). Whether filed as a joint motion or an ex parte motion, any request to reschedule a court proceeding or deadline shall be made in writing no less than 10 calendar days before the affected date. Untimely requests will be granted only upon a showing of both good cause and excusable neglect for the party's failure to act before time had expired. Fed. R. Civ. P. 6(b)(1)(B)." (mjg)
November 5, 2018 Opinion or Order Filing 74 REPLY to Response to Motion re #64 MOTION to Compel Defendants' Further Responses to Requests for Production of Documents filed by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Declaration of Shaun Markley, #2 Exhibit 10 to Declaration of Shaun Markley, #3 Proof of Service)(Markley, Shaun)
November 2, 2018 Opinion or Order Filing 73 ORDER (1) granting #67 Joint Motion to Amend Scheduling Order and (2) Issuing Amended Scheduling Order. Mandatory Settlement Conference set for 11/14/2018 01:45 PM before Magistrate Judge Jill L. Burkhardt. Memorandum of Contentions of Fact and Law due by 1/10/2019. Proposed Pretrial Order due by 1/31/2019.Final Pretrial Conference set for 2/7/2019 01:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Magistrate Judge Jill L. Burkhardt on 11/02/2018. (jpp)
November 2, 2018 Opinion or Order Filing 72 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt re ECF No. 71: Status Conference held on 11/2/2018. Order to follow. (Plaintiff Attorney Alex M. Tomasevic). (Defendant Attorney Francis L. Tobin; Clint S. Engleson). (no document attached) (mjg)
November 1, 2018 Opinion or Order Filing 71 Minute Order by Magistrate Judge Jill L. Burkhardt: On 10/23/2018, the parties filed a joint motion to amend the scheduling order (ECF No. #67 ). The Court hereby SETS a telephonic, counsel-only Status Conference for tomorrow, 11/2/2018, at 9:30 AM before Judge Burkhardt to address the joint motion. For purposes of the Conference, counsel shall coordinate placing a joint call to Judge Burkhardt's chambers with all participating counsel already on the line. (no document attached) (mjg)
October 29, 2018 Opinion or Order Filing 70 RESPONSE in Opposition re #64 MOTION to Compel Defendants' Further Responses to Requests for Production of Documents filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration Declaration of Frank L. Tobin In Support of Defendants' Opposition to Plaintiffs' Motion to Compel, #2 Exhibit Exhibit A to Declaration of Frank L. Tobin)(Tobin, Francis) (jpp).
October 29, 2018 Opinion or Order Filing 69 ***FILED AS SEALED DOCUMENT ON 11/20/2018*** - SEALED LODGED Proposed Document re: #68 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Tobin, Francis) (aef). Modified on 11/21/2018 to add file date of lodgment (aef).
October 29, 2018 Opinion or Order Filing 68 MOTION to File Documents Under Seal (With attachments)(Tobin, Francis) (aef).
October 23, 2018 Opinion or Order Filing 67 Joint MOTION to Amend/Correct Scheduling Order by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration of Frank L. Tobin in Support of Joint Motion to Amend Scheduling Order)(Tobin, Francis) (jpp).
October 22, 2018 Opinion or Order Filing 66 ***FILED AS SEALED DOCUMENT ON 11/20/2018*** - SEALED LODGED Proposed Document re: #65 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Markley, Shaun) Modified on 11/21/2018 to add file date of lodgment (aef).
October 22, 2018 Opinion or Order Filing 65 MOTION to File Documents Under Seal (With attachments)(Markley, Shaun) (aef).
October 22, 2018 Opinion or Order Filing 64 MOTION to Compel Defendants' Further Responses to Requests for Production of Documents by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Shaun Markley, #3 Exhibit 1 to Declaration of Shaun Markley, #4 Exhibit 2 to Declaration of Shaun Markley, #5 Exhibit 3 to Declaration of Shaun Markley, #6 Exhibit 4 to Declaration of Shaun Markley, #7 Exhibit 5 to Declaration of Shaun Markley, #8 Exhibit 6 to Declaration of Shaun Markley, #9 Exhibit 7 to Declaration of Shaun Markley, #10 Exhibit 8 to Declaration of Shaun Markley, #11 Exhibit 9 to Declaration of Shaun Markley, #12 Proof of Service)(Markley, Shaun) (jpp).
October 16, 2018 Opinion or Order Filing 63 Minute Order by Magistrate Judge Jill L. Burkhardt: Discovery Conferences were held on 9/28/2018, and 10/15/2018, before Magistrate Judge Jill L. Burkhardt. For purposes of complying with CivLR 5.1.j.4., a hearing date of 11/15/2018, at 11:30 AM is assigned. Unless the Court directs otherwise in advance of the hearing date, pursuant to Local Rule 7.1.d.1., this matter will be resolved without oral argument and no personal appearances on the hearing date should be made. Signed by Magistrate Judge Jill L. Burkhardt on 10/16/2018.(acc). Modified on 10/23/2018 to attach image, nef resent (jpp).
October 15, 2018 Opinion or Order Filing 62 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Discovery Conference held on 10/15/2018. Briefing Schedule to follow. (Plaintiff Attorney Shaun A. Markley). (Defendant Attorney Clint S. Engleson; Francis L. Tobin). (no document attached) (mjg)
October 11, 2018 Opinion or Order Filing 61 Minute Order by Magistrate Judge Jill L. Burkhardt: On 10/10/2018, counsel for the parties left a joint voicemail message with Judge Burkhardt's chambers. Defense counsel requested the Court's assistance with a discovery dispute concerning requests for production. The Court hereby SETS a telephonic, counsel-only Discovery Conference for 10/15/2018, at 4:45 PM before Judge Burkhardt. For purposes of the Conference, counsel are to place a joint call to Judge Burkhardt's chambers with all participating counsel already on the line. Further, by 10/12/2018, at 4:00 PM, the parties shall LODGE by e-mail with efile_Burkhardt@casd.uscourts.gov a joint and integrated document of no more than 3 pages that lists the issue(s) in dispute along with each party's position on the issue(s). The parties should attach as an exhibit to the lodgment excerpts setting forth only the relevant requests and responses at issue (including any material definitions and general objections). Counsel should not attach copies of any meet and confer correspondence. (mjg)
October 5, 2018 Opinion or Order Filing 60 Minute Order by Magistrate Judge Jill L. Burkhardt: On 10/5/2018, Plaintiff's counsel left a voicemail message, with permission and on behalf of all parties, requesting additional time to meet and confer on the remaining discovery issues identified during the 9/28/2018 telephonic Discovery Conference (see ECF No. 58). The Court hereby grants the parties' request. The parties SHALL complete their meet and confer process on or before 10/10/2018. The Court further directs that the parties SHALL place a joint call to Judge Burkhardt's chambers by 10/10/2018, and leave a voicemail message detailing whether any issues remain outstanding. (mjg)
October 1, 2018 Opinion or Order Filing 59 ORDER: (1) Granting #56 Joint Motion to amend Scheduling Order, and (2) Issuing Amended Scheduling Order. Mandatory Settlement Conference set for 11/14/2018 01:45 PM before Magistrate Judge Jill L. Burkhardt. Memorandum of Contentions of Fact and Law due by 1/10/2019. Proposed Pretrial Order due by 1/31/2019. Final Pretrial Conference set for 2/7/2019 01:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Magistrate Judge Jill L. Burkhardt on 10/01/2018. (jpp)
September 28, 2018 Opinion or Order Filing 58 Minute Order for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic, counsel-only Discovery Conference held on 9/28/2018. Briefing Schedule issued. The parties resolved most issues informally and have agreed to further meet and confer on the remaining issues. The Court hereby directs that the parties SHALL place a joint call to Judge Burkhardt's chambers by 10/5/2018 and leave a voicemail message detailing whether any issues remain outstanding. (no document attached) (mjg)
September 24, 2018 Opinion or Order Filing 57 Minute Order by Magistrate Judge Jill L. Burkhardt: On 9/19/2018, the parties lodged a joint statement with Magistrate Judge Burkhardt's chambers re: ECF No. 55. The Court hereby directs that by 9/26/2018, at 2:00 PM, the parties shall LODGE by e-mail to Judge Burkhardt's Chambers at efile_Burkhardt@casd.uscourts.gov a supplement to the joint statement that attaches Requests for Production 3 and 4 only. IT IS FURTHER ORDERED that a telephonic, counsel-only Discovery Conference is SET for 9/28/2018, at 1:30 PM before Judge Burkhardt. For purposes of the Conference, counsel for the parties are to place a joint call to Judge Burkhardt's chambers. The Court will address only the discovery disputes set forth in the joint statement lodged on 9/19/2018 at the Conference. (no document attached) (mjg)
September 24, 2018 Opinion or Order Filing 56 Joint MOTION to Amend/Correct #52 Order on Motion to Amend/Correct Scheduling Order by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration of Frank L. Tobin in support of Joint Motion to Amend Scheduling Order)(Tobin, Francis) (jpp).
September 17, 2018 Opinion or Order Filing 55 Minute Order by Magistrate Judge Jill L. Burkhardt: On 9/14/2018, the Court received a joint voicemail message from counsel for the parties. The parties requested the Court's assistance with a discovery dispute and represented that the meet and confer process has been exhausted. Pursuant to Section IV.C. of Judge Burkhardt's Civil Chambers Rules (available on the court's website), the Court hereby directs that by 9/19/2018, at 2:00 PM, the parties shall LODGE by e-mail to Judge Burkhardt's Chambers at efile_Burkhardt@casd.uscourts.gov a joint and integrated document of no more than 3 pages that lists the issue(s) in dispute along with each party's position on each issue. The parties should attach as an exhibit to the lodgment excerpts setting forth only the relevant requests and responses at issue (including any material definitions and general objections). Counsel should not attach copies of any meet and confer correspondence. (mjg)
September 12, 2018 Opinion or Order Filing 54 PRO HAC APPROVED: Kevin Patrick Hishta appearing for Defendants Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (no document attached) (jrd)
September 12, 2018 Opinion or Order Filing 53 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11664298.) (Application to be reviewed by Clerk.) (Hishta, Kevin) (mdc)
September 10, 2018 Opinion or Order Filing 52 ORDER: (1) Granting #51 Joint Motion to amend Scheduling Order, and (2) Issuing Amended Scheduling Order. Signed by Magistrate Judge Jill L. Burkhardt on 9/10/2018. (jpp)
September 6, 2018 Opinion or Order Filing 51 Joint MOTION to Amend/Correct Scheduling Order by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Tobin, Francis) (jpp).
August 17, 2018 Opinion or Order Filing 50 ORDER Granting in Part and Denying in Part Defendant's and Plaintiffs' #42 #43 Motion to Compel. Signed by Magistrate Judge Jill L. Burkhardt on 8/17/2018. (mpl)
August 2, 2018 Opinion or Order Filing 49 ORDER: (1) Granting #48 Joint Motion to Amend Scheduling Order, and (2) Issuing Amended Scheduling Order. The Final Pretrial Conference is reset for 2/7/2019 at 01:30 p.m. before Judge Janis L. Sammartino. The Mandatory Settlement Conference is reset for 10/3/2018 at 09:00 a.m. before Magistrate Judge Jill L. Burkhardt. Memorandum of Contentions of Fact and Law due by 1/10/2019. Proposed Pretrial Order due by 1/31/2019. Signed by Magistrate Judge Jill L. Burkhardt on 08/02/2018. (ajs)
July 30, 2018 Opinion or Order Filing 48 Joint MOTION to Amend/Correct #14 Scheduling Order, by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration of Frank L. Tobin)(Tobin, Francis) (mpl).
July 12, 2018 Opinion or Order Filing 47 RESPONSE in Opposition re #42 MOTION to Compel Production of Tax and Employment Records filed by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Declaration of Alex Tomasevic, #2 Exhibit 1 to Declaration of Alex Tomasevic, #3 Exhibit 2 to Declaration of Alex Tomasevic, #4 Proof of Service)(Tomasevic, Alex) (mpl).
July 12, 2018 Opinion or Order Filing 46 NOTICE OF WITHDRAWAL OF DOCUMENT by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo re #44 Response in Opposition to Motion, filed by Tony Russell, Rey Pena, Jose Pena, Simon Goro, Jeff Belander, Guiseppe Zizzo . (Attachments: #1 Proof of Service)(Tomasevic, Alex) (mpl).
July 12, 2018 Opinion or Order Filing 45 RESPONSE to Motion re #43 MOTION to Compel Defendants' Further Responses to Interrogatories filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Attachments: #1 Proof of Service)(Tobin, Francis) (mpl).
July 12, 2018 Opinion or Order Filing 44 ***DOCUMENT WITHDRAWN PER ECF No #46 *** RESPONSE in Opposition re #42 MOTION to Compel Production of Tax and Employment Records filed by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Declaration of Alex Tomasevic, #2 Exhibit 1, #3 Proof of Service)(Tomasevic, Alex) (mpl).
July 5, 2018 Opinion or Order Filing 43 MOTION to Compel Defendants' Further Responses to Interrogatories by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Shaun Markley, #3 Exhibit 1 - Flowers Foods's Responses to Interrogatories Nos. 1-2, #4 Exhibit 2 - Flowers Baking Co. of California's Responses to Interrogatories Nos. 1-2, #5 Exhibit 3 - Flowers Baking Co. of Henderson's Responses to Interrogatories Nos. 1-2, #6 Exhibit 4 - Defendants' Initial Disclosures, #7 Exhibit 5 - Simon Goro's Distributor Agreement, #8 Proof of Service)(Markley, Shaun) (mpl).
July 5, 2018 Opinion or Order Filing 42 MOTION to Compel Production of Tax and Employment Records by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration of Clint Engleson in Support of Motion to Compel, #2 Exhibit A to Declaration of Clint Engleson, #3 Exhibit B to Declaration of Clint Engleson)(Tobin, Francis) (mpl).
June 29, 2018 Opinion or Order Filing 41 Minute Order by the chambers of Magistrate Judge Jill L. Burkhardt: This order sets out a briefing schedule and hearing date for a motion seeking to resolve the discovery dispute: 1. Any motion to compel shall be filed and served on or before 7/5/2018 at 5:00 p.m. 2. Any opposition to a motion to compel shall be filed and served on or before 7/12/2018 at 5:00 p.m. 3. For purposes of complying with CivLR 5.1.j.4., a hearing date of 7/17/2018, at 11:30 a.m. is assigned. (mpl)
June 21, 2018 Opinion or Order Filing 40 Minute Order for proceedings held before Magistrate Judge Jill L. Burkhardt: A Discovery Conference regarding the parties' multiple discovery disputes was held on 6/21/2018. The parties are hereby ORDERED to place a joint call to Judge Burkhardt's chambers on or before 6/28/2018 and leave a message informing the Court of what disputes, if any, the parties have been unable to resolve, describing in detail the specific nature of and parties' respective positions concerning the remaining disputes. (Plaintiff Attorney Alex M. Tomasevic, Shaun A. Markley). (Defendant Attorney Francis L. Tobin, Clint Engleson). (no document attached) (axy)
June 20, 2018 Opinion or Order Filing 39 Minute Order by Magistrate Judge Jill L. Burkhardt: Having confirmed the parties' availability, the telephonic Discovery Conference regarding the parties' discovery disputes is hereby RESET to 6/21/2018 at 2:00 PM. This order does not modify any other date, deadline, or requirement set forth in the Court's 6/15/2018 Order (ECF No. 37 ). (axy)
June 18, 2018 Opinion or Order Filing 38 NOTICE OF RELATED CASE(S) by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo of case(s) 18-cv-01190 . (Attachments: #1 Proof of Service)(Markley, Shaun) (mpl).
June 15, 2018 Opinion or Order Filing 37 Minute Order by Magistrate Judge Jill L. Burkhardt: On 6/15/2018, the Court received a joint voicemail from the parties requesting the Court's assistance with multiple discovery disputes. The Court hereby SETS a telephonic, counsel-only Discovery Conference for 6/22/2018 at 2:00 PM before Magistrate Judge Jill L. Burkhardt. For purposes of the Conference, counsel shall place a joint call to Judge Burkhardt's chambers. Further, by 5:00 PM on 6/19/2018, the parties shall LODGE by e-mail with efile_Burkhardt@casd.uscourts.gov a joint, concise (no more than 2 pages) summary of the nature of the disputes and the parties' respective positions. To the extent written discovery is at issue, the parties should also LODGE an excerpt of ONLY the disputed discovery at issue. (axy)
June 14, 2018 Opinion or Order Filing 36 REPLY to Response to Motion re #22 MOTION to Dismiss Plaintiffs' Ninth Case of Action Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1, #3 Proof of Service)(Tobin, Francis)(mpl).
June 7, 2018 Opinion or Order Filing 35 ORDER: (1) Granting #33 Joint Motion to Amend Scheduling Order, and (2) Issuing Amended Scheduling Order. The Final Pretrial Conference is reset to 1/17/2019 at 1:30 p.m. before Judge Janis L. Sammartino. The Mandatory Settlement Conference is reset to 8/29/2018 at 9:00 a.m. before Magistrate Judge Jill L. Burkhardt. The Memorandum of Contentions of Fact and Law is due by 12/20/2018. The Proposed Pretrial Order due by 1/10/2019. Signed by Magistrate Judge Jill L. Burkhardt on 6/7/2018. (mpl)
June 7, 2018 Opinion or Order Filing 34 RESPONSE in Opposition re #22 MOTION to Dismiss Plaintiffs' Ninth Case of Action Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Declaration of Shaun Markley, #2 Exhibit A to Declaration of Shaun Markley, #3 Exhibit B to Declaration of Shaun Markley, #4 Proof of Service)(Markley, Shaun) (mpl).
June 7, 2018 Opinion or Order Filing 33 Joint MOTION to Amend/Correct #14 Scheduling Order, by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration of Frank L. Tobin, #2 Proof of Service)(Tobin, Francis) (ajs).
June 1, 2018 Opinion or Order Filing 32 Minute Order for proceedings held before Magistrate Judge Jill L. Burkhardt: A Status Conference regarding the parties' Joint Motion to Amend/Correct the Scheduling Order was held on 6/1/2018. The parties' Joint Motion (ECF No. #28 ) is DENIED without prejudice as the parties fail to set forth good cause for amendment of the Scheduling Order. (Plaintiff Attorney Alex M Tomasevic, Shaun A. Markley). (Defendant Attorney Francis L. Tobin, Clint Engleson). (no document attached) (axy)
May 31, 2018 Opinion or Order Filing 31 ORDER: (1) Granting #26 Joint Motion to Continue; (2) Vacating Hearing; and (3) Setting Briefing Schedule. Plaintiffs shall file an Opposition to the Motion to Dismiss on or before 6/7/2018. Defendants shall file a Reply in Support of their Motion to Dismiss on or before 6/14/2018. Signed by Judge Janis L. Sammartino on 5/31/2018. (mpl)
May 31, 2018 Opinion or Order Filing 30 RESPONSE in Support re #22 MOTION to Dismiss Plaintiffs' Ninth Case of Action Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration of Frank L. Tobin, #2 Exhibit A, #3 Exhibit B, #4 Proof of Service)(Tobin, Francis) (mpl).
May 30, 2018 Opinion or Order Filing 29 Minute Order by Magistrate Judge Jill L. Burkhardt: The Court hereby SETS a telephonic, attorneys only Status Conference regarding the parties' Joint Motion to Amend the Scheduling Order (ECF No. #28 ) for Friday, 6/1/2018 at 3:45 PM. For purposes of the Conference, counsel shall place a joint call to Judge Burkhardt's chambers with all participating counsel already on the line. (axy)
May 29, 2018 Opinion or Order Filing 28 Joint MOTION to Amend/Correct #14 Scheduling Order, by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Attachments: #1 Declaration Frank L. Tobin)(Tobin, Francis)(mpl).
May 24, 2018 Opinion or Order Filing 27 RESPONSE in Opposition re #22 MOTION to Dismiss Plaintiffs' Ninth Case of Action Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Proof of Service)(Markley, Shaun) (mpl).
May 24, 2018 Opinion or Order Filing 26 Joint MOTION to Continue Defendants' Motion to Dismiss Plaintiffs' Ninth Cause of Action by Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Proof of Service)(Markley, Shaun) (mpl).
May 23, 2018 Opinion or Order Filing 25 ORDER Granting #24 Joint Motion for Extension of Time to Further Meet and Confer on Disputed Discovery. Signed by Magistrate Judge Jill L. Burkhardt on 5/23/2018. (mpl)
May 22, 2018 Opinion or Order Filing 24 Joint MOTION for Extension of Time to Complete Discovery Meet and Confer by Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Proof of Service)(Markley, Shaun) (mpl).
April 12, 2018 Opinion or Order Filing 23 ANSWER to #17 Amended Complaint by Flowers Baking Co. of Henderson, LLC, Flowers Baking Co. of California, LLC, Flowers Foods, Inc. (Attachments: #1 Proof of Service)(Tobin, Francis) (mpl).
April 12, 2018 Opinion or Order Filing 22 MOTION to Dismiss Plaintiffs' Ninth Case of Action Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Tobin, Francis) (mpl).
April 11, 2018 Opinion or Order Filing 21 ORDER Granting #20 Joint Motion to Amend/Correct Scheduling Order. Signed by Magistrate Judge Jill L. Burkhardt on 4/11/2018. (mpl)
April 11, 2018 Opinion or Order Filing 20 Joint MOTION to Amend/Correct #14 Scheduling Order, to Continue Expert Disclosures and Expert Discovery Cutoff Dates by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration in Support of Motion)(Tobin, Francis) (mpl).
April 9, 2018 Opinion or Order Filing 19 ORDER Granting #18 Joint Motion and Entering Stipulated Protective Order. Signed by Magistrate Judge Jill L. Burkhardt on 4/9/2018. (mpl)
April 5, 2018 Opinion or Order Filing 18 Joint MOTION for Protective Order by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Attachments: #1 Proof of Service)(Tobin, Francis) (mpl).
March 22, 2018 Opinion or Order Filing 17 AMENDED COMPLAINT with Jury Demand (First) against All Defendants, filed by Guiseppe Zizzo, Tony Russell, Jose Pena, Jeff Belander, Simon Goro, Rey Pena. (Attachments: #1 Proof of Service) (Markley, Shaun) (mpl).
March 22, 2018 Opinion or Order Filing 16 ORDER Granting #15 Joint Motion to File an Amended Complaint. Signed by Judge Janis L. Sammartino on 3/22/2018. (mpl)
March 14, 2018 Opinion or Order Filing 15 Joint MOTION for Leave to File First Amended Complaint by Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo. (Attachments: #1 Exhibit A - Redlined Copy of Plaintiffs' First Amended Complaint, #2 Proof of Service)(Markley, Shaun) (mpl).
March 5, 2018 Opinion or Order Filing 14 SCHEDULING ORDER: Regulating Discovery and Other Pre-Trial Proceedings. The Mandatory Settlement Conference is set for 6/27/2018 at 1:45 p.m. before Magistrate Judge Jill L. Burkhardt. The Memorandum of Contentions of Fact and Law are due by 10/18/2018. The Proposed Pretrial Order is due by 11/8/2018. The Final Pretrial Conference is set for 11/15/2018 at 1:30 p.m. before Judge Janis L. Sammartino. Signed by Magistrate Judge Jill L. Burkhardt on 3/5/2018. (mpl)
March 5, 2018 Opinion or Order Filing 13 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: The Case Management and Early Neutral Evaluation Conferences were held on 3/5/2018. The case did not settle. Scheduling order to follow. (Plaintiff Attorney Alex M. Tomasevic, Shaun A. Markley). (Defendant Attorney Francis L. Tobin). (no document attached) (axy)
February 28, 2018 Opinion or Order Filing 12 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt re ECF Nos. #6 , #9 : Notice and Orders for Early Neutral Evaluation conference: The Court hereby CONVERTS the 3/5/2018 Early Neutral Evaluation and Case Management Conferences to be TELEPHONIC, ATTORNEYS-ONLY Conferences. For purposes of the Conferences, counsel shall place a joint call to Judge Burkhardt's chambers with all participants already on the line. Counsel shall be responsible for ensuring that a party or party representative with full settlement authority be available by telephone should the need to contact them arise at the Conferences. (no document attached) (axy)
February 20, 2018 Opinion or Order Filing 11 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Proof of Service)(Markley, Shaun) (mpl).
February 20, 2018 Opinion or Order Filing 10 NOTICE of Appearance by Shaun A Markley on behalf of Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo (Attachments: #1 Proof of Service)(Markley, Shaun)Attorney Shaun A Markley added to party Jeff Belander(pty:pla), Attorney Shaun A Markley added to party Simon Goro(pty:pla), Attorney Shaun A Markley added to party Jose Pena(pty:pla), Attorney Shaun A Markley added to party Rey Pena(pty:pla), Attorney Shaun A Markley added to party Tony Russell(pty:pla), Attorney Shaun A Markley added to party Guiseppe Zizzo(pty:pla)(mpl).
January 23, 2018 Opinion or Order Filing 9 ORDER Granting #8 Joint MOTION to Continue Early Neutral Evaluation Conference and Case Management Conference. The Early Neutral Evaluation is continued to 3/5/2018 at 1:45 p.m. before Magistrate Judge Jill L. Burkhardt. The Joint Discovery Plan is due on or before 2/22/2018. This Order does not modify any other date, deadline, or requirement set forth in the Court's 12/29/2017 Order. Signed by Magistrate Judge Jill L. Burkhardt on 1/23/2018. (mpl)
January 23, 2018 Opinion or Order Filing 8 Joint MOTION to Continue Early Neutral Evaluation Conference and Case Management Conference by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (Attachments: #1 Declaration of Frank L. Tobin in support of Joint Motion to Continue Early Neutral Evaluation Conference and Case Management Conference, #2 Proof of Service)(Tobin, Francis) (mpl).
January 23, 2018 Opinion or Order Filing 7 NOTICE of Appearance by Clint S. Engleson on behalf of Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. (Attachments: #1 Proof of Service)(Engleson, Clint)Attorney Clint S. Engleson added to party Flowers Baking Co. of California, LLC(pty:dft), Attorney Clint S. Engleson added to party Flowers Baking Co. of Henderson, LLC(pty:dft), Attorney Clint S. Engleson added to party Flowers Foods, Inc.(pty:dft) (mpl).
December 29, 2017 Opinion or Order Filing 6 NOTICE AND ORDER for Early Neutral Evaluation Conference: The Early Neutral Evaluation is set for 2/15/2018 at 1:45 p.m. before Magistrate Judge Jill L. Burkhardt. The Joint Discovery Plan is due on 2/7/2018. Signed by Magistrate Judge Jill L. Burkhardt on 12/29/2017.(mpl)
December 29, 2017 Opinion or Order Filing 5 NOTICE of Appearance of Alex Tomasevic by Alex M Tomasevic on behalf of Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo (Attachments: #1 Proof of Service)(Tomasevic, Alex)Attorney Alex M Tomasevic added to party Jeff Belander(pty:pla), Attorney Alex M Tomasevic added to party Simon Goro(pty:pla), Attorney Alex M Tomasevic added to party Jose Pena(pty:pla), Attorney Alex M Tomasevic added to party Rey Pena(pty:pla), Attorney Alex M Tomasevic added to party Tony Russell(pty:pla), Attorney Alex M Tomasevic added to party Guiseppe Zizzo(pty:pla) (mpl).
December 29, 2017 Opinion or Order Filing 4 NOTICE of Appearance of Lacy Wells by Lacy N Wells on behalf of Jeff Belander, Simon Goro, Jose Pena, Rey Pena, Tony Russell, Guiseppe Zizzo (Attachments: #1 Proof of Service)(Wells, Lacy)Attorney Lacy N Wells added to party Jeff Belander(pty:pla), Attorney Lacy N Wells added to party Simon Goro(pty:pla), Attorney Lacy N Wells added to party Jose Pena(pty:pla), Attorney Lacy N Wells added to party Rey Pena(pty:pla), Attorney Lacy N Wells added to party Tony Russell(pty:pla), Attorney Lacy N Wells added to party Guiseppe Zizzo(pty:pla) (mpl).
December 28, 2017 Opinion or Order Filing 3 Corporate Disclosure Statement by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc. No Corporate Parents/Interested Parties. (anh)
December 28, 2017 Opinion or Order Filing 2 ANSWER to Complaint (Notice of Removal) by Flowers Baking Co. of California, LLC, Flowers Baking Co. of Henderson, LLC, Flowers Foods, Inc.. (anh)
December 28, 2017 Opinion or Order Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, San Diego County, case number 37-02017-00045288-CU-OE-CTL. ( Filing fee $ 400 receipt number 0974-10762654.), filed by Flowers Baking Co. of Henderson, LLC, Flowers Baking Co. of California, LLC, Flowers Foods, Inc.. (Attachments: #1 Civil Case Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Declaration of Tyler Schoenewald, #5 Declaration of Karyl Lauder, #6 Consent of Flowers Foods, Inc., #7 Consent of Flowers Baking Co. of California, LLC, #8 Proof of Service)The new case number is 3:17-cv-02580-JLS-JLB. Judge Janis L. Sammartino and Magistrate Judge Jill L. Burkhardt are assigned to the case.(anh) (sjt).

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Search for this case: Goro et al v. Flowers Foods, Inc. et al
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Plaintiff: Guiseppe Zizzo
Represented By: Alex M Tomasevic
Represented By: Craig McKenzie Nicholas
Represented By: Ethan T. Litney
Represented By: Lacy N Wells
Represented By: Shaun A Markley
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Plaintiff: Simon Goro
Represented By: Alex M Tomasevic
Represented By: Craig McKenzie Nicholas
Represented By: Ethan T. Litney
Represented By: Lacy N Wells
Represented By: Shaun A Markley
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Plaintiff: Rey Pena
Represented By: Alex M Tomasevic
Represented By: Craig McKenzie Nicholas
Represented By: Ethan T. Litney
Represented By: Lacy N Wells
Represented By: Shaun A Markley
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Plaintiff: Jeff Belander
Represented By: Alex M Tomasevic
Represented By: Craig McKenzie Nicholas
Represented By: Ethan T. Litney
Represented By: Lacy N Wells
Represented By: Shaun A Markley
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Plaintiff: Tony Russell
Represented By: Alex M Tomasevic
Represented By: Craig McKenzie Nicholas
Represented By: Ethan T. Litney
Represented By: Lacy N Wells
Represented By: Shaun A Markley
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Plaintiff: Jose Pena
Represented By: Alex M Tomasevic
Represented By: Craig McKenzie Nicholas
Represented By: Ethan T. Litney
Represented By: Lacy N Wells
Represented By: Shaun A Markley
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Defendant: Flowers Baking Co. of Henderson, LLC
Represented By: Francis L. Tobin
Represented By: Kevin Patrick Hishta
Represented By: Margaret Santen (Hanrahan)
Represented By: Paul Brian Maslo
Represented By: Alexander Miller Chemers
Represented By: Clint S. Engleson
Represented By: Jared Lee Palmer
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Defendant: DOES 1 through 100
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Defendant: Flowers Foods, Inc.
Represented By: Francis L. Tobin
Represented By: Kevin Patrick Hishta
Represented By: Margaret Santen (Hanrahan)
Represented By: Paul Brian Maslo
Represented By: Alexander Miller Chemers
Represented By: Clint S. Engleson
Represented By: Jared Lee Palmer
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Defendant: Flowers Baking Co. of California, LLC
Represented By: Francis L. Tobin
Represented By: Kevin Patrick Hishta
Represented By: Margaret Santen (Hanrahan)
Represented By: Paul Brian Maslo
Represented By: Alexander Miller Chemers
Represented By: Clint S. Engleson
Represented By: Jared Lee Palmer
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