Glenn Buncio v. Host International, Inc. et al
| Glenn Buncio |
| Host International, Inc. and Does 1 through 100, inclusive |
| 2:2009cv01374 |
| February 26, 2009 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Dolly M Gee |
| Patrick J Walsh |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
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Filing 111
JUDGMENT AND ORDER OF FINAL APPROVAL AND DISMISSAL by Judge Dolly M. Gee: Solely for the purposes of effectuating the Settlement, the Court hereby certifies the Settlement Class, defined as all Store Managers and Assistant Managers employed by Host within the State of California at any time during the period of 1/20/2005 through 12/30/2010. The Motion for Final Approval #107 is GRANTED, and the Settlement Agreement hereby is APPROVED as fair, reasonable, adequate to members of the Settlement Class, and in the public interest. The unopposed Motion of Class Counsel for costs, attorneys' fees, and the Class Representative enhancement #106 is hereby GRANTED. Defendants shall pay $600,000 in fees and litigation costs of $41,375.20 to The Cooper Law Firm, P.C., The Carter Law Firm, and the Phelps Law Group ("Class Counsel"), with thepayments to be made as provided for in the Settlement Agreement. The Court hereby also awards an enhancement of $10,000 to Glenn Buncio, which shall be paid in accordance with the terms of the Settlement Agreement. The Class Administrator, Simpluris, Inc., shall be paid $12,900 in accordance with the terms of the Settlement Agreement. The Court hereby enters judgment approving the terms of the Settlement Agreement and ordering that the Lawsuit be dismissed on the merits with prejudice in accordance with the Settlement. The Complaint is dismissed on the merits with prejudice on a class-wide basis. (MD JS-6, Case Terminated). (gk)
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| Filing 110 MINUTES OF Motion Hearing held before Judge Dolly M. Gee: The Court grants plaintiff's motion for award of attorneys' fees, costs and class representative enhancement #106 and plaintiff's motion for final approval of class action settlement #107 . A written order will issue. Court Reporter: Anne Kielwasser. (gk) |
| Filing 109 DECLARATION of Roger R. Carter In Support of MOTION for Attorney Fees , Costs, and Class Representative Enhancement, #106 filed by Plaintiff Glenn Buncio. (Carter, Roger) |
| Filing 108 NOTICE OF NON-OPPOSITION to MOTION for Settlement Approval of Final Approval of Class Action Settlement #107 filed by Defendant Host International, Inc.. (Shadi, Sabrina) |
| Filing 107 NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement filed by Plaintiff Glenn Buncio. Motion set for hearing on 7/18/2011 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order)(Cooper, Scott) |
| Filing 106 NOTICE OF MOTION AND MOTION for Attorney Fees , Costs, and Class Representative Enhancement, filed by Plaintiff Glenn Buncio. Motion set for hearing on 7/18/2011 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration)(Cooper, Scott) |
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Filing 105
MINUTE ORDER IN CHAMBERS by Judge Dolly M. Gee: On the Court's own motion, hearing on the motion for final approval of class action settlement #95 on 7/11/11 is continued to 7/18/11 at 9:30 am. (kpa)
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| Filing 104 NOTICE of Continuance of Order, Set/Reset Hearing,,,,,,,,,, #103 reset to July 18, 2011 at 9:30 a.m. (Cooper, Scott) |
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Filing 103
ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT by Judge Dolly M. Gee: Upon Plaintiff's Motion Preliminary Approval of Class Action Settlement #95 , IT IS HEREBY ORDERED THAT: Plaintiff may file a First Amended Complaint in the form attached as Exhibit D to the Settlement Agreement no later than 3/7/2011, and Host's answer to the original complaint will serve as its answer to the First Amended Complaint. The action is preliminarily certified as a class action, for purposes of settlement only. The class action settlement set forth in the Settlement Agreement is preliminarily approved. For purposes of the proposed settlement, the Court hereby approves The Cooper Law Firm, P.C., The Carter Law Firm, and the Phelps Law Group as Class Counsel for the Settlement Class. Plaintiff Glenn Buncio is hereby approved as class representative for the Settlement Class. The Court hereby approves Simpluris, Inc. as Claims Administrator for the purpose of this settlement. Plaintiff shall file his Motion for Attorney's Fees and Litigation Expenses no later than 14 days before the date established pursuant to Section 9.5 of the Settlement Agreement for Class Members to file and deliver written objections to the Settlement. The Final Fairness and Approval Hearing will be held on 7/11/2011 09:30 AM before Judge Dolly M. Gee. Plaintiff shall file a Motion for Final Approval no later 14 days prior to the Final Fairness and Approval Hearing. (gk)
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| Filing 102 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Revised Proposed Order Granting Motion for Preliminary Approval of Class Action Settlement #100 . The following error(s) was found: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to a Notice of Lodging. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (vdr) |
| Filing 101 FIRST AMENDED CLASS ACTION COMPLAINT against Defendants Host International, Inc. and Does 1 through 100, inclusive; amending Complaint #1 ; with JURY DEMAND; filed by Plaintiff Glenn Buncio. (gk) (gk). |
| Filing 100 EXHIBIT 2 to MOTION for Settlement Approval of Class Action Settlement #95 filed by Plaintiff Glenn Buncio. (Cooper, Scott) |
| Filing 99 NOTICE of Manual Filing filed by Plaintiff Glenn Buncio of First Amended Class Action Complaint. (Cooper, Scott) |
| Filing 98 MINUTES of Preliminary Approval Hearing and Plaintiff's Motion forPreliminary Approval of Class Action Settlement #95 held before Judge Dolly M. Gee: Court advises counsel that the proposed class settlement is approved. Counsel shall file a First Amended Complaint 5 days. Answer, filed on 7/21/09, will serve as the response to the First Amended Complaint. All proceedings in this matter are stayed. Court sets a Final Approval Hearing for 7/11/11 at 9:30 AM. Court Reporter: Anne Kielwasser. (kpa) |
| Filing 97 NOTICE OF NON-OPPOSITION to MOTION for Settlement Approval of Class Action Settlement #95 filed by Defendant Host International, Inc.. (Shadi, Sabrina) |
| Filing 96 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion and Motion for Preliminary Approval of Class Action Settlement #93 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (vdr) |
| Filing 95 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiff Glenn Buncio. Motion set for hearing on 2/28/2011 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration, #2 Proposed Order)(Cooper, Scott) |
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Filing 94
MINUTE IN CHAMBERS - ORDER AND NOTICE TO ALL PARTIES by Judge Dolly M. Gee: In light of the settlement and impending filing of the motion for preliminary approval in this case, the court hereby vacates the telephonic Status Conference currently set for September 29, 2010 and orders the matter taken OFF CALENDAR. Therefor, no appearances are necessary on September 29, 2010. (jp)
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| Filing 93 NOTICE Status of Proceedings filed by Plaintiff Glenn Buncio. (Phelps, Marc) |
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Filing 92
MINUTES IN CHAMBERS - NOTICE TO ALL PARTIES OF COURT ORDER by Judge Dolly M. Gee: On the Court's own motion, the Telephonic Status Conference is hereby ordered continued to 9/29/2010 11:00 AM before Judge Dolly M. Gee. All other deadline dates remain as previously ordered. Court Reporter: Not Reported. (gk)
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| Filing 91 NOTICE filed by defendant Host International, Inc.. Notice of Nancy Morrison O'Connor's Withdrawal as Co-Counsel (Shadi, Sabrina) |
| Filing 90 NOTICE filed by defendant Host International, Inc.. Notice of Keith M. Henneke's Withdrawal As Co-Counsel (Shadi, Sabrina) |
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Filing 89
ORDER by Judge Dolly M. Gee Granting Joint Stipulation to Continue Mediation Completion Deadline and Status Conference Date Based on Mediator Availability #88 . The Mediation completion deadline is continued to 9/17/10. The Telephonic Status Conference is continued to 9/29/2010 at 10:00 AM. The last day to file the Joint Status Report is continued to 9/24/2010. (mg)
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| Filing 88 Joint STIPULATION to Continue Mediation Completion Deadline from August 30, 2010 to September 15, 2010 Re: Order, Staying Case, Set Deadlines/Hearings,,,,,, #85 filed by Plaintiff Glenn Buncio. (Attachments: #1 Proposed Order)(Cooper, Scott) |
| Filing 87 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Information (G-06) #86 . The following error(s) was found: Incorrect Judges' initials reflected on case number. The correct initials are DMG-PJW. Case was assigned to Judge Gee January 21, 2010. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (vh) |
| Filing 86 NOTICE of Change of Attorney Information for attorney Sabrina L Shadi counsel for Defendant Host International, Inc.. Anthony S. Brill will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Anthony S. Brill is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by defendant Host International, Inc. (Shadi, Sabrina) |
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Filing 85
ORDER GRANTING JOINT STIPULATION TO STAY RESOLUTION OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION AND ALL PROCEEDINGS PENDINGMEDIATION #83 by Judge Dolly M. Gee. The Court orders the following: (1) defers its ruling on Plaintiffs motion for class certification until after mediation is completed, which will occur within 90 days of the date of granting of this stipulation; (2) vacates currently set case management dates, to be reset if the mediation is unsuccessful; and (3) sets a telephonic status conference for September 1, 2010 at 10:00 a.m. (the parties shall file a joint status report at least three court days prior to the status conference). (pp)
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| Filing 83 Joint STIPULATION to Stay Case pending Mediation filed by Plaintiff Glenn Buncio. (Attachments: #1 Proposed Order)(Phelps, Marc) |
| Filing 84 MINUTES OF Motion for Class Certification, fld 4-2-10 #47 before Judge Dolly M. Gee: Cause called. Based upon the parties' written submissions and the statements made today on the record, the Court hereby takes this motion under submission. The Court's written order will follow. Court Reporter: Annie Kielwasser. (jp) |
| Filing 82 REQUEST FOR JUDICIAL NOTICE in Support of Opposition of Plaintiff's Motion for Class Certification filed by defendant Host International, Inc.. (Attachments: #1 Exhibit A)(Shadi, Sabrina) |
| Filing 81 NOTICE OF LODGING filed re MOTION to Certify Class #47 (Attachments: #1 Proposed Order)(Cooper, Scott) |
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Filing 80
ORDER AUTHORIZING FILING OF CONFIDENTIAL DOCUMENTS UNDER SEAL by Judge Dolly M. Gee: Plaintiffs' Application to File Under Seal the Declaration of Scott B. Cooper in Support of Plaintiff's Reply to Defendant's Opposition to Motion for Class Certification #78 is hereby GRANTED. (gk)
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| Filing 79 SEALED DOCUMENT- Declaration of Scott B. Cooper in Support of Plaintiff's Reply to Defendant's Opposition to Motion for Class Certification. (Attachments: Part 2, Part 3) (mat) (Additional attachment(s) added on 5/13/2010: Part 4) (mat). Modified on 5/13/2010 (mat). |
| Filing 78 APPLICATION to File Under Seal the Declaration of Scott B. Cooper in Support of Plaintiff's Reply to Defendant's Opposition to Motion for Class Certification filed by Plaintiff Glenn Buncio. Lodged Proposed Order. (gk) |
| Filing 77 REPLY In Support MOTION to Certify Class #47 filed by Plaintiff Glenn Buncio. (Cooper, Scott) |
| Filing 76 NOTICE of Manual Filing filed by Plaintiff Glenn Buncio of Plaintiff's Application to File Under Seal the Declaration of Scott B. Cooper in Support of Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motionf or Class Certification, and [Proposed] Order Authorizing Filing of Confidential Documents Under Seal. (Cooper, Scott) |
| Filing 75 NOTICE of Manual Filing filed by Plaintiff Glenn Buncio of Declaration of Scott B. Cooper in Support of Plaintiff's Reply to Defendant's Opposition to Motion for Class Certification. (Cooper, Scott) |
| Filing 74 SEALED DOCUMENT- Exhibit D to Declaration of Marc H. Phelps in Support of Plaintiff's Motion for Class Certification. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9)(mat) |
| Filing 73 SEALED DOCUMENT- Exhibit C to Declaration of Marc H. Phelps in Support of Plaintiff's Motion for Class Certification. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9)(mat) |
| Filing 72 SEALED DOCUMENT- Declaration of Marc H. Phelps in Support of Plaintiff's Motion for Class Certification. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8)(mat) |
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Filing 71
ORDER AUTHORIZING FILING OF CONFIDENTIAL DOCUMENTS UNDER SEAL by Judge Dolly M. Gee: Plaintiffs' Application to File Under Seal the Declaration of Marc H. Phelps in Support of Plaintiff's Motion for Class Certification #50 , Exhibit C to Declaration of Marc H. Phelps in Support of Plaintiff's Motion for Class Certification (Complete Version) #53 , and Exhibit D to Declaration of Marc H. Phelps in Support of Plaintiff's Motion for Class Certification (Complete Version) #54 , #69 is hereby GRANTED. (gk)
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Filing 70
ORDER AUTHORIZING FILING OF CONFIDENTIAL DOCUMENTS UNDER SEAL PURSUANT TO LOCAL RULE 79-5.1 AND PROTECTIVE ORDER by Judge Dolly M. Gee: Upon Application #65 , the Court finds good cause to file under seal the following materials accompanying Host's Opposition to Plaintiff's Motion for Class Certification (the "Opposition Materials"): Exhibit 2 to the Deposition of Coleman Lauterbach, Bates numbered HMSHOST 000014734-000014779. Exhibit C to the Declaration of Sabrina L. Shadi in Support of Host's Opposition to Plaintiff's Motion for Class Certification. The Opposition Materials include information that was previously designed as "Confidential" pursuant to the Protective Order signed by the Court on 11/24/2009. (gk)
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| Filing 68 SEALED DOCUMENT- Confidential Exhibit to Deposition of Coleman Lauterbach. (mat) |
| Filing 69 APPLICATION to File Under Seal the Declaration of Marc H. Phelps in Support of Plaintiff's Motion for Class Certification, Exhibit C to Declaration of Marc H. Phelps in Support of Plaintiff's Motion for Class Certification, and Exhibit D to Declaration of Marc H. Phelps in Support of Plaintiff's Motion for Class Certification filed by Plaintiff Glenn Buncio. Lodged Proposed Order. (gk) |
| Filing 67 NOTICE of Manual Filing filed by Plaintiff Glenn Buncio of Plaintiff's Application to File Under Seat the Declaration of Marc H. Phelps in Support of Plaintiff's Motion for Class Certification, Exhibit C to Declaration of Marc H. Phelps in Support of Plaintiff's Motionf or Class Certification, Exhibit D to Declaration of Marc H. Phelps in Support of PLaintiff's Motion for Class Certification, and [Proposed] Order Authiorizing Filing of Documents Under Seal. (Cooper, Scott) |
| Filing 66 NOTICE of Manual Filing filed by Plaintiff Glenn Buncio of Declaration of Marc H. Phelps in Support of Plaintiff's Motion for Class Certification, Exhibit C to Declaration of Marc H. Phelps in Support of Plaintiff's Motion for Class Certification (Complete Version), and Exhibit D to Declaration of Marc H. Phelps in Support of Plaintiff's Motion for Class Certification (Complete Version). (Cooper, Scott) |
| Filing 64 CERTIFICATE OF SERVICE filed by defendant Host International, Inc., Certificate of Service of Confidential Documents Filed Under Seal served on April 28, 2010. (Shadi, Sabrina) |
| Filing 63 CERTIFICATE OF SERVICE filed by defendant Host International, Inc., served on April 28, 2010. (Shadi, Sabrina) |
| Filing 62 CERTIFICATE OF SERVICE filed by defendant Host International, Inc., served on April 27, 2010. (Shadi, Sabrina) |
| Filing 65 APPLICATION to File Confidential Documents Under Seal in Support of Host International, Inc.'s Opposition to Plaintiff's Motion for Class Certification filed by Defendant Host International, Inc. Lodged Proposed Order. (gk) |
| Filing 61 DECLARATION of Robert Crandall in opposition MOTION to Certify Class #47 filed by Defendant Host International, Inc.. (Attachments: #1 Exhibit 1-19 to Crandall Declaration, #2 Attachment A to Crandall Declaration, #3 Attachment B to Crandall Declaration, #4 Attachment C to Crandall Declaration)(Rosenthal, Margaret) |
| Filing 60 REQUEST FOR JUDICIAL NOTICE filed by defendant Host International, Inc.. (Attachments: #1 Exhibit A to Request for Judicial Notice)(Rosenthal, Margaret) |
| Filing 59 OBJECTION in opposition re: MOTION to Certify Class #47 Evidentiary Objections to Gorman Declaration filed by Defendant Host International, Inc.. (Rosenthal, Margaret) |
| Filing 58 NOTICE of Manual Filing filed by Defendant Host International, Inc. of Application to File Confidential Documents Under Seal; Proposed Order Granting Application; Exhibit to 2 Deposition of Coleman Lauterbach. (Rosenthal, Margaret) |
| Filing 57 MEMORANDUM in Opposition to MOTION to Certify Class #47 filed by Defendant Host International, Inc.. (Attachments: #1 Appendix Appendix of Declarations in Support of Host Opposition to Motion for Class Certification, #2 Declaration Argentine Declaration, #3 Declaration Bennett Declaratioln, #4 Declaration Bensalem Declaration, #5 Declaration Boo Declaration, #6 Declaration Davila Declaration, #7 Declaration Gutjahr Declaration, #8 Declaration Heimdal Declaration, #9 Declaration Jansen Declaration, #10 Declaration Jones Declaratioln, #11 Declaration Lozano Declaration, #12 Declaration Loftis Declaration, #13 Declaration Magana Declaration, #14 Declaration Martinez Declaration, #15 Declaration Montifolca Declaration, #16 Declaration Napoles Declaration, #17 Declaration Ocasla Declaration, #18 Declaration Richardson Declaration, #19 Declaration Singh Declaration, #20 Declaration Troya Declaration, #21 Declaration Yazzolino Declaration, #22 Declaration Frazee Declaration, #23 Declaration Shadi Declaration, #24 Exhibit A to Shadi Declartion, #25 Exhibit B to Shadi Declartion, #26 Exhibit C to Shadi Declartion, #27 Exhibit D to Shadi Declartion, #28 Exhibit E to Shadi Declartion, #29 Exhibit F to Shadi Declartion, #30 Proposed Order Denying Plaintiff's Motion for Class Certification)(Rosenthal, Margaret) |
| Filing 56 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proposed Order Granting Plaintiff's Motion for Class Certification filed 4/6/2010 #55 . The following error(s) was found: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to a Notice of Lodging. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 55 [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class #47 filed by Plaintiff Glenn Buncio. (Cooper, Scott) |
| Filing 54 SEALED DOCUMENT - EXHIBIT D to Declaration of Marc H. Phelps in Support of Plaintiff's Motion for Class Certification #47 (Complete Version) filed by Plaintiff Glenn Buncio. (gk) ** SEALED PURSUANT TO ORDER FILED 5/3/2010 #71 ** Modified on 5/4/2010 (gk). |
| Filing 53 SEALED DOCUMENT - EXHIBIT C to Declaration of Marc H. Phelps in Support of Plaintiff's Motion for Class Certification #47 (Complete Version) filed by Plaintiff Glenn Buncio. (gk) ** SEALED PURSUANT TO ORDER FILED 5/3/2010 #71 ** Modified on 5/4/2010 (gk). |
| Filing 52 DECLARATION of Roger R. Carter In Support of Plainitff's Motion for Class Certification MOTION to Certify Class #47 filed by Plaintiff Glenn Buncio. (Cooper, Scott) |
| Filing 51 DECLARATION of Scott B. Cooper In Support of Plaintiff's Motion for Class Certification MOTION to Certify Class #47 filed by Plaintiff Glenn Buncio. (Cooper, Scott) |
| Filing 50 SEALED DOCUMENT - DECLARATION of Marc H. Phelps In Support of Plaintiff's Motion for Class Certification MOTION to Certify Class #47 filed by Plaintiff Glenn Buncio. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit)(Cooper, Scott) ** SEALED PURSUANT TO ORDER FILED 5/3/2010 #71 ** Modified on 5/4/2010 (gk). |
| Filing 49 NOTICE of Manual Filing filed by Plaintiff Glenn Buncio of Exhibit D to Marc H. Phelps Declaration in Support of Plaintiff's Motion for Class Certification (Complete Version). (Cooper, Scott) |
| Filing 48 NOTICE of Manual Filing filed by Plaintiff Glenn Buncio of Exhibit C to Marc H. Phelps Declaration in Support of Plaintiff's Motion for Class Certification (Complete Version). (Cooper, Scott) |
| Filing 47 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Glenn Buncio. Motion set for hearing on 5/21/2010 at 02:00 PM before Judge Dolly M. Gee. (Cooper, Scott) |
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Filing 46
ORDER GRANTING CONTINUANCE OF HEARING DATE ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION by Judge Dolly M. Gee: The Court GRANTS the request in the Joint Stipulation #45 and sets the briefing schedule for the Motion for Class Certification as follows: Last day for Plaintiff to file his motion for class certification 4/2/2010. Opposition to Plaintiff's motion for class certification to be due on 4/23/2010. Reply to Opposition to Plaintiff's motion for class certification to be due on 5/7/2010. Hearing on Plaintiff's motion for class certification to be set for 5/21/2010, or any other time convenient to the Court's schedule. (gk)
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| Filing 45 Joint STIPULATION to Continue Hearing Date for Motion for Class Certification and Revising Briefing Dates from April 30, 2010 to May 21, 2010 Re: Order,, #43 filed by Plaintiff Glenn Buncio. (Attachments: #1 Proposed Order)(Cooper, Scott) |
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Filing 44
SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee: Jury Trial set for 11/16/2010 08:30 AM before Judge Dolly M. Gee. Final Pretrial Conference set for 10/19/2010 02:00 PM before Judge Dolly M. Gee. Amended Pleadings and Addition of Parties Cut-Off 10/9/2009. Expert Disclosure & Report Deadline 8/17/2010. Rebuttal Expert Disclosure & Report Deadline 9/14/2010. Non-Expert Discovery cut-off 8/5/2010. Motion Cut-Off 8/12/2010. Settlement Conference Completion Date 9/21/2010. Expert Discovery Cut-Off 9/28/2010. Motions in Limine to be filed by 10/5/2010. Opposition to Motions in Limine Filing Deadline 10/12/2010. Class Certification Motion Cut-off 3/12/2010. Status Report re Settlement due by 9/28/2010. Proposed Pretrial Conference Order & Pretrial Exhibit Stipulation 9/28/2010. Contentions of Fact/Law 9/28/2010. Joint Exhibit List due by 9/28/2010. Witness List due by 9/28/2010. Proposed Voir Dire Questions & Agreed-to Statement of Case 9/28/2010. Joint Statement of Jury Instructions & Joint Statement of Disputed Instructions 9/28/2010. Verdict Forms 9/28/2010. (gk)
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Filing 43
ORDER REVISING CASE MANAGEMENT DATES by Judge Dolly M. Gee: Having reviewed the parties, Stipulation #42 , the Court hereby orders that the parties comply with the following revised schedule for this case: Last day for Plaintiff to file his motion for class certification 3/12/2010. Defendant's opposition is due by 4/2/2010. Plaintiffs' reply is due 4/16/2010. The hearing will be held on 4/30/2010, at 2:00 PM. All other pretrial deadlines shall be as set forth in the Court's 2/9/2010 Scheduling Order. (gk)
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| Filing 42 Joint STIPULATION to Reschedule Case Mangement Dates filed by Plaintiff Glenn Buncio. (Attachments: #1 Proposed Order)(Cooper, Scott) |
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Filing 41
ORDER OF THE CHIEF JUDGE (#10-020) approved by Chief Judge Audrey B. Collins. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Dolly M. Gee and with the concurrence of the Case Management and Assignment Committee, this case is transferred from Judge George H. King to the calendar of Judge Dolly M. Gee for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 09-01374 DMG (PJWx). (sn)
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Filing 40
ORDER by Judge George H. King granting #39 Application to Appear Pro Hac Vice by Attorney Keith M. Henneke on behalf of Defendant Host International, Inc., et al., designating Margaret Rosenthal as local counsel. (bm)
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| Filing 39 APPLICATION for attorney Keith M. Henneke to Appear Pro Hac Vice (PHV FEE PAID) filed by Defendant Host International, Inc. (mg) |
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Filing 38
PROTECTIVE ORDER by Magistrate Judge Patrick J. Walsh (im)
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| Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Protective Orders are reviewed and ruled upon by the referred to Magistrate Judge. RE: Stipulation for Protective Order #36 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rp) |
| Filing 36 STIPULATION for Protective Order filed by Defendant Host International, Inc.. (Attachments: #1 Proposed Order Granting Stipulation for Protective Order)(Rosenthal, Margaret) |
| Filing 35 RESPONSE BY THE COURT TO NOTICE TO FILER OF Deficiencies in Electronically filed documents: Stipulation for Protective Order #32 is STRICKEN. (ir) |
| Filing 34 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Patrick J. Walsh for any discovery and/or post-judgment matters that may be referred. Case number will now read CV 09-01374 GHK(PJWx). (rn) |
| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Joint Proposed Protective Order #32 . Docket entry text does not match caption of attached document. Proposed order should not be included at the end of the above document. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) |
| Filing 32 STIPULATION for Protective Order filed by Defendant Host International, Inc.. (Attachments: #1 Proposed Order)(Brill, Anthony) **STRICKEN PURSUANT TO RESPONSE BY COURT FILED 11/12/09**Modified on 11/12/2009 (ir). |
| Filing 31 NOTICE of Change of Attorney Information for attorney Margaret Rosenthal counsel for Defendant Host International, Inc..Isabel S. Andrade is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by defendant Host International, Inc. (Rosenthal, Margaret) |
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Filing 30
ORDER by Judge George H. King, re Stipulation for Leave to File First Amended Complaint #29 : DENIED BY ORDER OF THE COURT. UNTIMELY AMENDMENT UNDER OUR SCHEDULING ORDER AND NO GOOD CAUSE SHOWN. (bm)
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| Filing 29 STIPULATION for Leave to File First Amended Complaint filed by Plaintiff Glenn Buncio. (Attachments: #1 Exhibit First Amended Class Action Complaint, #2 Proposed Order)(Cooper, Scott) |
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Filing 28
ORDER by Judge George H. King Approving the NOTICE AND REQUEST of Settlement Procedure Selection (Sp3) requiring the parties to appear before a retired judicial officer or other private or non-profit dispute resolution body. (bm)
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| Filing 27 NOTICE AND REQUEST of Settlement Procedure Selection (Sp3); parties request to appear before a retired judicial officer or other dispute resolution body for mediation type settlement proceedings. Filed by Plaintiff Glenn Buncio (Attachments: #1 Proposed Order)(Cooper, Scott) |
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Filing 26
ORDER REVISING AND EXTENDING CASE MANAGEMENT DATES by Judge George H. King: Bases on the Stipulation #25 , The Court hereby enters the following revised schedule for this case: (1) All discovery shall be completed no later than June 29, 2010. Completion means that any discovery that is not received in hand by the requesting party by the completion date will be denied. (2) The parties shall designate their expert witnesses, and make the required disclosures, by no later than April 6, 2010, and do likewise for any rebuttal expert witnesses by no later than May 4, 2010. (3) Plaintiffs motion for class certification shall be filed in compliance with the Local Rules by no later than February 16, 2010. Defendants opposition is due by March 9, 2010. Plaintiffs reply is due March 23, 2010. The hearing will be on April 5, 2010, at 9:30a.m.. (4) The parties shall comply with Local Rule 16-15 by no later than July 12, 2010. (5) Any motion for summary judgment shall be filed in compliance with the Local Rules, as well as our Order re: Summary Judgment Motions, by no later than August 12, 2010, and noticed for hearing regularly thereafter under the Local Rules. Any untimely or non-conforming motion shall be denied. (6) Any stipulation or motion to amend as to any claims, defenses and/or parties shall be lodged/filed by no later than October 9, 2009, failingwhich it shall be deemed that partys waiver of any such amendment. (7) We shall set pre-trial conference and trial dates, if necessary, afterresolution of the summary judgment motion. NO FURTHER EXTENSION. (ir)
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| Filing 25 Joint STIPULATION for Order Setting Further Rule 26(f) Conference Or, In The Alternative, Revised Case Management Dates filed by Plaintiff Glenn Buncio. (Attachments: #1 Proposed Order)(Carter, Roger) |
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Filing 24
ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge George H. King: A deadline for dispositive motions has been set in the above-captioned case. Any motion(s) for summary judgment SHALL comply with all Federal and Local Rules, as well as this Order. Please be advised that this Order contains requirements more specific than the Local and Federal Rules. (mg)
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| Filing 23 MINUTES (IN CHAMBERS) by Judge George H. King: Proceedings: Order Setting Scheduling Dates. Amended Pleadings due by 9/11/2009. Discovery cut-off 3/29/2010. Witness List due by 1/6/2010. Expert witnesses list by no later than 2/4/10. Plaintiffs' motion for class certification shall be filed in compliance with the Local Rules by no later than November 16, 2009. The parties shall comply with Local Rule 16-15 by no later than April 12, 2010. Any motion for summary judgment shall be filed in compliance with the Local Rules, as well as our Order Re: Summary Judgment Motions issued concurrently herewith, by no later than May 12, 2010. We shall set pre-trial conference and trial dates, if necessary, after resolution of the summary judgment motion. (mg) |
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Filing 22
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge Margaret M. Morrow, for the reasons set forth on this order. Related Case No. CV 08-05731 MMM(VBKx) (rn)
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| Filing 21 NOTICE of Settlement of Related Case filed by Defendant Host International, Inc.. (Rosenthal, Margaret) |
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Filing 20
MINUTES: (IN CHAMBERS) SCHEDULING CONFERENCE; Court conducts scheduling conference with counsel. Because it appears that a low number transfer of thisaction to Judge Morrow is pending, we stay this matter pending action by Judge Morrow on the low number transfer. In the event Judge Morrow accepts this low number transfer, this matter will be transferred to her and no further action is needed in this court. In the event Judge Morrow rejects the low number transfer, we will issue scheduling dates IT IS SO ORDERED by Judge George H. King Court Reporter: N/A. (ir)
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| Filing 19 NOTICE of Related Case(s) filed by Defendant Host International, Inc.. Related Case(s): 08-CV-5731 (Rosenthal, Margaret) |
| Filing 18 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendant Host International, Inc... (Rosenthal, Margaret) |
| Filing 17 NOTICE of Association of Counsel Filed by Plaintiff Glenn Buncio (Cooper, Scott) |
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Filing 16
ORDER RE: CASE MANAGEMENT by Judge George H. King: This case has been assigned to the calendar of Judge George H. King. See document regarding special requirements #1 . (bm)
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Filing 15
ORDER SETTING SCHEDULING CONFERENCE by Judge George H. King: THIS MATTER IS SET FOR SCHEDULING CONFERENCE ON: MONDAY, JUNE 01, 2009 AT 1:30 P.M., at the Roybal Federal Building and Courthouse, 255 E. Temple Street, Suite 650, Los Angeles, California. Counsel primarily responsible for the conduct of this litigation and who has the authority to enter into stipulations and to make admissions regarding all matters that the participants may reasonably anticipate may be discussed, or the party if unrepresented, SHALL ATTEND IN PERSON. By no later than MAY 1, 2009, counsel for all appearing parties and all unrepresented appearing parties, if any, shall meet, in person, and discuss the matters set forth in Federal Rule of Civil Procedure 26(f) as well as those items identified in Part III, below. By no later than MAY 18, 2000, counsel for all appearing parties and all unrepresented appearing parties, if any, shall file a joint "REPORT OF PARTIES' PLANNING MEETING" which shall (1) be so labeled, (2) state the date of the Scheduling Conference set above by this Order, and (3) address not only those subjects in Rule 26(f), but also the following: (see document for further details). (bm)
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| Filing 14 MINUTES OF IN CHAMBERS ORDER held before Judge George H. King re Order Discharging Order to Show Cause: On March 16, 2009, we issued an Order to Show Cause why the above-captioned action should not be remanded for lack of jurisdiction #4 . On March 27, 2009, Defendant timely filed a Response to that Order to Show Cause #11 . The Order to Show Cause is hereby DISCHARGED. (bm) |
| Filing 13 RESPONSE BY THE COURT TO NOTICE to Filer of Deficiencies in Electronically filed documents: The document is accepted as filed RE: Response (non-motion) #11 . (ir) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Response #11 has incorrect judge initials indicated in caption of attached documents (response and declaration). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) |
| Filing 11 RESPONSE filed by Defendant Host International, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,,, #4 (Attachments: #1 Exhibit A, #2 Declaration of Coleman J. Lauterbach in Support of Response of Host International, Inc. to Order to Show Cause)(Shadi, Sabrina) |
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Filing 10
ORDER by Judge George H. King GRANTING APPLICATION for attorney Isabel Savage Andrade to Appear Pro Hac Vice #8 by Isabel S Andrade to appear on behalf of Defendant Host International, Inc. Margaret Rosenthal is designated as local counsel. Fee PAID. (ir)
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Filing 9
ORDER by Judge George H. King GRANTING APPLICATION for attorney Robert Elwood Sheeder to Appear Pro Hac Vice #7 by Robert E Sheeder to appear on behalf of Defendant Host International, Inc.. Margaret Rosenthal is designated as local counsel. Fee PAID. (ir)
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| Filing 8 APPLICATION for attorney Isabel Savage Andrade to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Host International, Inc.. (Attachments: #1 Supplement Certificate of Good Standing for Isabel S. Andrade, #2 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Rosenthal, Margaret) |
| Filing 7 APPLICATION for attorney Robert Elwood Sheeder to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Host International, Inc.. (Attachments: #1 Supplement Certificate of Good Standing for Robert E. Sheeder, #2 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Rosenthal, Margaret) |
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Filing 6
ORDER by Judge George H. King Granting APPLICATION for attorney Nancy Morrison O'Connor to Appear Pro Hac Vice #5 on behalf of Defendant Host International, Inc. Margaret Rosenthal is designated as local counsel. Fee PAID. (bm)
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| ***Attorney Nancy Morrison O'Connor for Host International, Inc. added. (bm) |
| Filing 5 APPLICATION for attorney Nancy Morrison O'Connor to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Host International, Inc.. (Attachments: #1 Supplement Certificate of Good Standing, #2 Proposed Order Application of Non-Resident Attorney to Appear in a Specific Case)(Rosenthal, Margaret) |
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Filing 4
MINUTES: (In Chambers) Order to Show Cause; Defendant is ORDERED TO SHOW CAUSE, in writing, WITHIN TWELVE (12) DAYS, as to why this matter should not be remanded because this court lacks subject matter jurisdiction, under both citizenship and amount in controversy. Moreover, if there is only minimal diversity, Defendants shall show cause as to either (1) why we should exercise our discretion to entertain this case if greater than one-third but less than two thirds of the class is nondiverse with at least one Defendant or (2) why we can entertain this action if greater than two-thirds of the class is non-diverse with one Defendant. Defendants failure to timely and adequately show cause as required herein shall be deemed Defendants admission that this Court lacks subject matter jurisdiction. In that event, this action shall be dismissed for lack of subject matter jurisdiction IT IS SO ORDERED by Judge George H. King. (ir)
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| Filing 3 CERTIFICATE OF SERVICE filed by Defendant Host International, Inc., Notice to Adverse Party of Removal of Action to Federal Court served on February 27, 2009. (Rosenthal, Margaret) |
| Filing 2 NOTICE of Interested Parties filed by Defendant Host International, Inc., identifying Corporate Parent HMSHOST, Inc. for Host International, Inc.(ghap) (ds). |
| Filing 1 NOTICE OF REMOVAL from Superior Court of the State of California for the County of Los Angeles, case number BC405813 with conformed of copy of summons and complaint. Case assigned to Judge George H. King, Discovery to Magistrate Judge Jeffrey W Johnson. (Filing fee $ 350: FEE PAID.), filed by defendant Host International, Inc.(ghap) (ds). |
| CONFORMED COPY OF ANSWER to Notice of Removal, #1 filed by defendant Host International, Inc. (Filed in State Court on 2/25/09 submit attached Exhibit B)(ghap) |
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