Walden et al v. State of Nevada, et al
| Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr. and Travis Zufelt |
| Nevada Department of Corrections and Nevada, State Of |
| 3:2014cv00320 |
| June 17, 2014 |
| US District Court for the District of Nevada |
| Reno Office |
| William G. Cobb |
| Larry R. Hicks |
| Labor: Fair Standards |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| None |
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The following documents for this case are available for you to view or download:
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Filing
441
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT - The Court grants the motion for final approval of class settlement (ECF No. 438 ) and the motion for approval of class counsel payment and class representative service awards (ECF No. 433 ). The Court directs the Clerk of Court to enter judgment in accordance with this Order and close this case. Signed by Chief Judge Miranda M. Du on 3/20/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
435
ORDER granting ECF No. 434 Stipulation to (1) Extend Deadlines for Distribution of Settlement Notice, and (2) Reschedule Final Fairness Hearing : Final Fairness Hearing and Final Approval set for 3/20/2023 at 11:00 AM in Reno Courtroom 5 before Chief Judge Miranda M. Du. (See pdf order for additional deadlines and specifics.) Signed by Chief Judge Miranda M. Du on 1/11/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
425
ORDER SETTING DEADLINES re ECF No. 424 Notice of Settlement : Plaintiff's Motion for Preliminary Approval of the Collective and Class Action Settlement is due by Friday, 11/11/2022. Hearing on said Motion is set for 12/1/2022 at 2:30 PM by videoconference before Chief Judge Miranda M. Du. Signed by Chief Judge Miranda M. Du on 9/19/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
419
ORDER granting Stipulation to Continue Hearng on Plaintiffs' Motion for Leave to File Second Amended Complaint. Video Motion Hearing set for August 8, 2022 at 9:00 a.m. is continued to Thursday, September 22, 2022, at 9:00 A.M. in Reno Courtroom 2 before Magistrate Judge Craig S. Denney. IT S SO ORDERED. Signed by Magistrate Judge Craig S. Denney on 8/4/2022. (Copies have been distributed pursuant to the NEF - KW)
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Filing
412
ORDER granting 411 Stipulation to Extend Deadlines for Filing Response and Reply Briefs to Plaintiffs' Motion for Leave to File Second Amended Complaint. Responses due by 6/27/2022. Replies due by 7/8/2022. Signed by Magistrate Judge Craig S. Denney on 6/14/2022. (Copies have been distributed pursuant to the NEF - HJ)
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Filing
407
ORDERED that NDOC's refiled motion to seal (ECF No. 397 ) is granted. The Clerk of Court is directed to unseal the docket entries noted herein. : ECF Nos. 344 -1, 344 -2, 344 -3, 344 -4, 344 -5, 344 -6, 344 -7, 344 -8, [ 344]-9, 344 -10, 344 -11, 344 -12, 344 -13, 344 -14, 344 -15, 344 -16, 344 -18, 344 -19, 344 -20, 344 -24, 344 -25, 357 -1, 357 -2, 357 -3, 357 -4, 357 -5, 357 -6, 357 -8, 357 -9, 357 -10, 357 -11, [357-]12, 357 -13, 357 -14, 357 -17, 357 -18, 357 -19, 357 -20, 357 -21, 357 -22, 357 -23, 357 -24, 357 -25, 357 -26, 357 -27, 357 -28, 357 -29, 357 -30, 357 -31, 357 -32, 357 -34, 357 -45, 357 -48. NDOC's motion to decertify (ECF No. 343 ) is denied. Plaintiffs motion for partial summary judgment on liability (ECF No. 346 ) is granted in part, and denied in part, as described herein. NDOC's motion for summary judgment (ECF No. 355 ) is granted in part, but mostly denied, as described herein. NDOC's motion to dismiss claims of all non-participating Plaintiffs (ECF No. 354 ) is granted. The following Plaintiffs are dismissed from this case with prejudice: Robert Ahmad; Joseph Baros; Taerick Berry; Debbie Boone-Sharp; Andrew W. Bronk; John Hurt; Alexander Matta; Teresa McCastle; Jeanette Okivelas; Mark D. Poland; Sharon Sommervold; Francisco Bautista; Pamela Bellinger; and Timothy Maguire. NDOC's motion to exclud e all evidence from Plaintiffs' experts the Employment Research Corporation (ECF No. 395 ) is denied. The Court finds it appropriate to refer this case to a settlement conference before United States Magistrate Judge Craig S. Denney under LR 16-5. If this case does not settle at the settlement conference, the proposed joint pretrial order is due 30 days after the settlement conference. The parties must also contact the Courts Courtroom Administrator when they file the proposed joint pretrial order to arrange for a status conference with the Court. Signed by Chief Judge Miranda M. Du on 5/23/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
396
ORDER granting ECF No. 394 Stipulation : Defendant has until April 22, 2022 to file a renewed Motion to Seal, as directed in this Court's Order dated April 7, 2022 (ECF No. 392 ). Plaintiffs have until May 2, 2022 to respond to Defendant's Motion. Signed by Chief Judge Miranda M. Du on 4/18/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
392
ORDERED that the pending motions to seal (ECF Nos. 345 , 353 , 356 , 365 , 374 , 377 ) are denied without prejudice. However, the requested sealed exhibits will remain under seal pending the Court's ruling on NDOCs renewed motion s to seal. These exhibits will be unsealed if NDOC elects not to file renewed motions to seal. NDOC must refile each of the pending motions to seal (ECF Nos. 345 , 353 , 356 , 365 , 374 , 377 ) as detailed herein. Plaintiffs must respond to NDOCs refiled motion or motions to seal within another 10 days after it or they are filed as further detailed herein. NDOC's motion for leave to file excess pages (ECF No. 349 ) is denied. NDOC's motion to exclude all evidence from Plaintiffs' experts (ECF No. 351 ) is denied without prejudice to refiling as further specified herein. NDOC may refile a version of its motion to exclude all evidence from Plaintiffs' experts (ECF No. 351 ) as specified. Plaintiffs' motion for leave to file supplemental authority (ECF No. 382 ) is granted. Signed by Chief Judge Miranda M. Du on 4/7/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
385
ORDER granting ECF No. 384 Stipulation : Response to ECF No. 382 Motion for leave to file authority due by 3/9/2022. Reply due by 3/16/2022. Signed by Chief Judge Miranda M. Du on 3/2/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
369
ORDER granting ECF No. 368 Stipulation : Reply briefs re ECF Nos. 343 , 346 , 350 , 351 , 354 , 355 Motions due by 1/17/2022. Signed by Chief Judge Miranda M. Du on 1/3/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
321
ORDER - The following question of law is certified to the Nevada Supreme Court under Rule 5 of the Nevada Rules of Appellate Procedure:Has Nevada consented to damages liability for a State agency's violation of the minimum wage or overtim e provisions of the federal Fair Labor Standards Act, 29 U.S.C. §§ 206-207, or analogous provisions of state law, whether in enacting NRS § 41.031 or otherwise?The nature of the controversy and a statement of the facts are referen ced herein, but also discussed in the Court's Prior Order (ECF No. 166 ). Because Defendant NDOC filed the Motion, the Court designates NDOC as Appellant and Plaintiffs as Respondents. The names and addresses of counsel are specified herein. All pending motions (ECF Nos. 256 , 264 , 274 , 275 , 276 , 278 , 279 , 280 , 281 , 282 , 283 , 304 , 308 , 310 , 318 ) are denied without prejudice. This case is stayed pending the Nevada Supreme Court's response to the certified question. The parties must file a joint motion within 10 days of the Nevada Supreme Court either answering, or declining to answer, the certified question.Clerk is directed to administratively close this case as the Court awa its the Nevada Supreme Court's response to the certified question. Clerk is directed to forward a copy of this order to the Clerk of the Nevada Supreme Court under official seal, the Court's Prior Order (ECF No. 166 ), the Operative Compla int (ECF No. 95 ), and the parties' relevant briefs (ECF Nos. 276 , 299 , 315 ) (Mailed to Nevada Supreme Court Clerk's Office on 7/10/2020). (See PDF image for additional details). Signed by Chief Judge Miranda M. Du on 7/10/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
317
ORDER granting ECF No. 316 Stipulation : Reply to ECF No. 307 Response re ECF No. 283 Motion for Summary Judgment on the Merits due by 6/17/2020. Signed by Chief Judge Miranda M. Du on 6/9/2020. (Copies have been distributed pursuant to the NEF - DRM) Modified on 6/10/2020 for grammar (DRM).
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Filing
298
ORDER - The Stipulation (ECF No. 297 ) is granted as follows: Plaintiff's Opposition to the Motion to Exclude (ECF No. 282 ) due by May 13, 2020 and Defendant's Reply due by May 27, 2020.Defendant's Reply to the Motion of Summary Judgment (ECF No. 276 ) due by June 3, 2020. Opposition deadline shall remain unchanged, due 5/13/2020.Defendant's Reply to the Motion for Summary Judgment (ECF No. 283 ) due by June 10, 2020. Oppositi on deadline shall remain unchanged, due 5/20/2020.Signed by Chief Judge Miranda M. Du on 5/6/2020. (Copies have been distributed pursuant to the NEF - AB) Modified on 5/7/2020 to include that ECF No. 297 Stipulation was granted, NEF regenerated to parties (AB).
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Filing
287
ORDER - Stipulation (ECF No. 286 ) is granted as follows:Opposition to NDOC's Motion to Dismiss (ECF No. 274 ) is due by Tuesday, April 28, 2020.Opposition to NDOC's Motion to Decertify Collective Action (ECF No. 279 ) is due by Wednesday, April 29, 2020.Opposition to NDOC's Motion to Exclude (ECF No. 282 ) is due by Wednesday, May 6, 2020.Opposition to NDOC's Motion for Summary Judgment on Sovereign Immunity (ECF No. 276 ) is due by Wednesday, May 13, 2020.Opposition to NDOC's Motion for Summary Judgment on the Merits of Plaintiffs FLSA Claims (ECF No. 283 ) is due by Wednesday, May 20, 2020.(See PDF image for additional details). Signed by Chief Judge Miranda M. Du on 4/13/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
271
ORDER - Plaintiff's Motion for Voluntary Dismissal (ECF No. 251 ) is granted.Any and all claims based on work performed at the Dismissal Facilities, along with any Plaintiffs who only worked at the Dismissal Facilities, are dismissed from this action without prejudice. Signed by Chief Judge Miranda M. Du on 4/1/2020. (William Kirste, Curtis Smith, Tanya Armerdariz, Michael Covington, Desislava Milanov terminated). (Copies have been distributed pursuant to the NEF - AB)
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Filing
270
ORDER granting ECF No. 269 Stipulation. Dispositive Motions due by 4/8/2020. Response to ECF No. 256 Motion for Partial Summary Judgment due by 4/6/2020. Signed by Chief Judge Miranda M. Du on 3/30/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
260
ORDER granting ECF No. 259 Stipulation as follows:- Dispositive Motions deadline: April 1, 2020- Response to Plaintiff's Partial Summary Judgment (ECF No. 256 ) due by March 30, 2020Signed by Chief Judge Miranda M. Du on 2/27/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
254
ORDER granting ECF No. 253 Stipulation. NDOC's response to Plaintiffs' Motion for Dismissal (ECF No. 251 ) due by February 20, 2020. Signed by Chief Judge Miranda M. Du on 2/12/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
210
ORDER approving ECF No. 209 Stipulation re ECF No. 189 Motion to Exclude all Evidence from Plaintiffs' Experts, the Employment Research Corporation, Malcolm Cohen, and Laura Steiner: Reply due by 9/12/2018. Signed by Judge Miranda M. Du on 9/5/2018. (Copies have been distributed pursuant to the NEF - KR)
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Filing
208
ORDER granting ECF No. 207 Stipulation for Enlargement of Time to file Reply to ECF No. 198 Motion to Dismiss. Reply due by 9/7/2018. Signed by Judge Miranda M. Du on 8/28/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
204
ORDER granting ECF No. 203 Stipulation : Reply to ECF No. 200 Response re ECF No. 189 Motion due by 9/5/2018. Signed by Judge Miranda M. Du on 8/15/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
202
ORDER granting ECF No. 201 Stipulation for Enlargement of Time. Opposition/Response to ECF No. 198 Plaintiffs' Motion for Dismissal due by due by 8/27/2018 and Reply due by 8/31/2018. Reply to ECF No. 195 Motion to Dismiss due by 8/27/2018. Signed by Judge Miranda M. Du on 8/9/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
197
ORDER granting ECF No. 196 Stipulation for Enlargement of Time for Plaintiffs' to File their Opposition to ECF No. 189 Defendants' motion to exclude all evidence from Plantiffs' experts, the Employment Research Corporation, Malcolm Cohen, and Laura Steiner (Third Request). Response due by 8/6/2018. Reply due by 8/20/2018. Signed by Judge Miranda M. Du on 7/30/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
194
ORDER granting ECF No. 193 Stipulation for Enlargement of Time for Plaintiffs to file their opposition to ECF No. 189 Motion to exclude all evidence from plaintiffs' experts, the employment research corporation, Malcolm Cohen, and Laura Steiner. Response/opposition due by 8/13/2018. Signed by Judge Miranda M. Du on 7/19/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
192
ORDER - Plaintiffs' Motion for Reconsideration (ECF No. 169 ) is denied. Defendant's Emergency Motion to Strike (ECF No. 136 ) is granted. Clerk is instructed to strike the notice of voluntary dismissal (ECF No. 129 ). Plaintiffs are given leave to file a motion seeking voluntary dismissal and must file said motion by 7/28/2018. Plaintiffs' Motions (ECF Nos. 130 , 133 , 134 ) are denied without prejudice. The motions specified herein must be filed by 9/1/2018. Defendant's motions to seal (ECF Nos. 135 , 138 , 142 , 159 , 172 ) are denied without prejudice and with leave to refile. Clerk shall strike ECF Nos. 137 , 144 , 145 , 146 , 161 , 170 . (See pdf order for additional details and specifics.) Signed by Judge Miranda M. Du on 7/18/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
191
ORDER granting ECF No. 190 Stipulation for Enlargement of Time for Plaintiff to File response to ECF No. 189 Motion to Exclude All Evidence... Response due by 7/23/2018. Signed by Judge Miranda M. Du on 7/2/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
183
ORDER granting ECF No. 181 Stipulation : Reply to ECF No. 179 Response re ECF No. 169 Motion for Reconsideration due by 5/4/2018. Signed by Judge Miranda M. Du on 4/25/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
168
ORDER granting ECF No. 167 Joint Response to Certification of Nevada Minimum Wage Amendment Issue and Stipulation to Dismiss Related Cause of Action. Signed by Judge Miranda M. Du on 4/2/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
166
ORDER - Defendant's Motion to Strike (ECF No. 98 ) is denied. Defendant's Motion to Dismiss (ECF No. 99 ) is granted in part and denied in part as specified herein. The parties are to file supplemental briefs of no more than five (5) pages each by 4/2/2018 to explain if certification of the question whether the Minimum Wage Amendment applies to state government employees is warranted and what effect certification would have on the remaining claims in this action. Signed by Judge Miranda M. Du on 3/26/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
165
ORDER granting ECF No. 164 Stipulation for Enlargement of Time for reply in support of ECF Nos. 130 Motion for Partial Summary Judgment, 133 Motion to Certify Class, and 134 Motion for Decertification. Replies due by 4/16/2018. Signed by Judge Miranda M. Du on 3/19/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
153
ORDER granting ECF No. 151 Stipulation : Response to ECF No. 133 Motion to Certify Class due by 3/12/2018. Reply due by 4/1/2018. Signed by Judge Miranda M. Du on 3/7/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
147
ORDER that the parties are to file supplemental briefs of up to five pages in length to address why the Court should not remand this action. Supplemental briefs due by 3/11/2018. Signed by Judge Miranda M. Du on 3/1/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
141
ORDER granting ECF No. 140 Stipulation for Extension of Time to file responsive pleadings. NDOC's opposition to ECF No. 130 motion for partial summary judgment due by 2/28/2018 and Plaintiff's reply due by 3/21/2018. NDOC's opposition to ECF No. 133 Plaintiff's motion for class certification due by 3/7/2018 and Plaintiff's reply due by 3/28/2018. Plaintiff's opposition to ECF No. 134 NDOC's motion to decertify the collective action due by 3/7/2018 and NDOC's reply due by 3/28/2018. Signed by Judge Miranda M. Du on 2/22/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
128
ORDER granting ECF No. 127 Stipulation for Extension of Time To File Plaintiffs Motion for Class Certification Pursuant to FRCP 23 and Defendants Motion to Decertify FLSA Collective Action. Motions for Class Certification/Motion to Decertify due by 1/31/2018. Responses due by 2/28/2018. Replies due by 3/21/2018. Signed by Judge Miranda M. Du on 12/12/2017. (Copies have been distributed pursuant to the NEF - LH)
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Filing
123
ORDER granting ECF No. 122 Motion to Withdraw Consent to Join. The consent to join of Kathleen Beaver is hereby withdrawn. Signed by Judge Miranda M. Du on 9/14/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing
108
MINUTES OF PROCEEDINGS - Discovery Status Conference held on 6/7/2017 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Joshua Buck; Mark Thierman; Def Counsel: Richard Dreitzer; C. Wayne Howle; Time of Hearing: 10:03 a.m.-11:04 a.m.; Courtroom: 2; Before discussing the subject of today's conference, the court orders that the stipulation for enlargement of time to respond to Defendant's motion to strike 100 is GRANTED nunc pro tunc and that the stipulation for enlargement of time to respond to Defendant's motion to dismiss 101 is GRANTED nunc pro tunc. The court and counsel have extensive discussion as to what discovery is appropriate to undertake at this time. Deposition and written discovery deadlines set. The court modifies the discovery plan and scheduling order as follows: Discovery Cut-Off: Friday, 11/17/2017; Disclosure of Experts: Friday, 9/1/2017; Rebuttal Experts: Friday, 10/6/2017; Motion for Class Certification/Motion to Decertify : Friday, 12/22/2017; and Dispositive Motions: Deferred until 45 days after decision on the Motion for Class Certification/Motion to Decertify. Status Conference set for Wednesday, 7/19/2017 at 1:30 PM in Reno Courtroom 2 before Magistrate Judge William G. Cobb. Counsel wishing to appear telephonically shall dial 1-877-873-8017, enter the access code 3416460, and enter the security code 71917 approximately five (5) minutes prior to the hearing.A joint status report shall be submitted to the court no later than Thursday, 7/13/2017. If appropriate, counsel may contact Ms. Ogden prior to 7/13/2017, to advise her whether the status conference is necessary at that time or not, which the court may then vacate the hearing and reschedule it at a later date.(Copies have been distributed pursuant to the NEF - HJ)
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Filing
94
ORDERED that Defendant's Renewed Motion for Judgment on the Pleadings (ECF No. 86 ) is granted as set forth in this Order. Plaintiffs' first two claims for relief are dismissed without prejudice. Amended complaint due by 4/19/2017. Failur e to file an amended complaint will result in dismissal of these two claims with prejudice. The Court declines to exercise supplemental jurisdiction over the two state law claims and therefore dismisses them without prejudice. Signed by Judge Miranda M. Du on 3/20/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
48
ORDER approving 47 Joint Submission of Amended Proposed Notice and Consent to Join. Signed by Judge Larry R. Hicks on 3/30/2015. (Copies have been distributed pursuant to the NEF - KR)
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Filing
45
ORDER granting 7 motion for circulation of notice. Please see attached for details and deadlines. Signed by Judge Larry R. Hicks on 3/16/15. (Copies have been distributed pursuant to the NEF - JC)
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