Felipe Alvarez v. YRC Inc. et al
| Felipe Alvarez |
| YRC Worldwide Inc., YRC Inc. doing business as YRC Freight, Does 1 to 100 Inclusive and Yellow Roadway Corporation |
| 2:2012cv01374 |
| February 16, 2012 |
| US District Court for the Central District of California |
| Charles F Eick |
| Terry J Hatter |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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Filing 195
ORDER by Judge Terry J. Hatter, Jr: #191 MOTION for Taxation of Costs. IT IS ORDERED that YRC's motion to re-tax costs be, and hereby are, DENIED. (shb)
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| Filing 194 NOTICE of Change of address by David M Derubertis attorney for Plaintiff Felipe Alvarez. Changing attorneys address to 8889 W. Olympic Blvd., Second Floor, Beverly Hills, California 90211. Filed by Plaintiff Felipe Alvarez. (Derubertis, David) |
| Filing 193 REPLY in support of NOTICE OF MOTION AND MOTION to Re-Tax Costs against Felipe Alvarez Re: Judgment, #183 #191 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Saunders, Daniel) |
| Filing 192 Opposition re: NOTICE OF MOTION AND MOTION to Re-Tax Costs against Felipe Alvarez Re: Judgment, #183 #191 filed by Plaintiff Felipe Alvarez. (Attachments: #1 Proof of Service)(Vecchi, Jill) |
| Filing 191 NOTICE OF MOTION AND MOTION to Re-Tax Costs against Felipe Alvarez Re: Judgment, #183 filed by Defendant YRC Worldwide Inc., Yellow Roadway Corporation, YRC Inc.. (Attachments: #1 Declaration of Daniel A. Saunders, #2 Exhibit 1: Copy of Original Application to Tax Costs, #3 Exhibit 2: Copy of Defendants Response to Plaintiffs Objections to Application, #4 Exhibit 3: Copy of Order Denying Application to Tax Costs, #5 Proposed Order) (Saunders, Daniel) |
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Filing 190
ORDER by Clerk DENYING Application to Tax Costs, #185 (shb) Modified on 4/2/2021 (shb).
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| Filing 189 REPLY in support of APPLICATION to the Clerk to Tax Costs against Plaintiff Felipe Alvarez #185 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Declaration of Daniel A. Saunders, #2 Exhibit 1 to the Saunders Declaration - A compilation of exhibits incorporating Plaintiffs specific objections and Defendants responses to those objections, #3 Exhibit 2 to the Saunders Declaration - Alternative Calculation for Fees Incurred under L.R. 54-3.5(a).)(Saunders, Daniel) |
| Filing 188 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-55042 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #187 as to plaintiff Felipe Alvarez. (es) |
| Filing 187 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Felipe Alvarez. Appeal of Order on Motion for Summary Judgment,,, Order on Motion for Partial Summary Judgment,, #173 , Judgment, #183 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-30092268.) (Attachments: #1 Exhibit Judgment and Order Grant MSJ, #2 Exhibit Order Grant Partial MSJ, #3 Exhibit Representation Statement)(Bello, Jordan) |
| Filing 186 Opposition re: APPLICATION to the Clerk to Tax Costs against Plaintiff Felipe Alvarez #185 filed by Plaintiff Felipe Alvarez. (Attachments: #1 Declaration of Jill Vecchi, #2 Proof of Service)(Vecchi, Jill) |
| Filing 185 APPLICATION to the Clerk to Tax Costs against Plaintiff Felipe Alvarez filed by Defendant YRC Worldwide Inc., Yellow Roadway Corporation, YRC Inc.. (Attachments: #1 Exhibit A to Bill of Costs Fees for Service of Process, #2 Exhibit B to Bill of Costs Deposition Transcripts and Court Reporter Appearances, #3 Exhibit C to Bill of Costs Witness Fees, #4 Exhibit D to Bill of Costs Certification, Exemplification and Reproduction Documents, #5 Exhibit E to Bill of Costs State Court Costs) (Saunders, Daniel) |
| Filing 184 NOTICE of Appearance filed by attorney David M. Derubertis on behalf of Plaintiff Felipe Alvarez (Attorney David M. Derubertis added to party Felipe Alvarez(pty:pla))(Derubertis, David) |
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Filing 183
ORDER AND JUDGMENT by Judge Terry J. Hatter, Jr: IT IS ORDERED that YRC's motion for summary judgment be, and hereby is GRANTED. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that judgment be, and hereby is ENTERED in favor of Defendants YRC, Inc, YRC Worldwide Inc.., and Yellow Roadway Corporation and against Plaintiffs Felipe Alvarez and Jerald Schroeder shall take nothing. (shb)
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| Filing 182 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-56350 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #178 (car) |
| Filing 181 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Felipe Alvarez. Appeal of Order on Motion for Summary Judgment,,, Order on Motion for Partial Summary Judgment,, #173 . (Appeal Fee - $505 Previously Paid on 12/16/2020, Receipt No. 113153.) (Attachments: #1 Exhibit Order Grant Summary Judgment, #2 Exhibit Representation Statement)(Bello, Jordan) |
| Filing 180 Notice of Withdrawal of Representation Statement #179 , Notice of Appeal to 9th Circuit Court of Appeals, #178 filed by Plaintiff Felipe Alvarez. (Bello, Jordan) |
| Filing 179 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, #178 . (Bello, Jordan) |
| Filing 178 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Felipe Alvarez. Appeal of Order on Motion for Summary Judgment,,, Order on Motion for Partial Summary Judgment,, #173 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-29554852.) (Attachments: #1 Exhibit Order Grant Summary Judgment)(Bello, Jordan) |
| Filing 177 REPLY Support NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs claims asserted against YRC #155 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Holland, Ronald) |
| Filing 176 NOTICE of Appearance filed by attorney Daniel A Saunders on behalf of Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation (Attorney Daniel A Saunders added to party YRC Inc.(pty:dft), Attorney Daniel A Saunders added to party YRC Worldwide Inc.(pty:dft), Attorney Daniel A Saunders added to party Yellow Roadway Corporation(pty:dft))(Saunders, Daniel) |
| Filing 175 NOTICE of Appearance filed by attorney Lyn R Agre on behalf of Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation (Attorney Lyn R Agre added to party YRC Inc.(pty:dft), Attorney Lyn R Agre added to party YRC Worldwide Inc.(pty:dft), Attorney Lyn R Agre added to party Yellow Roadway Corporation(pty:dft))(Agre, Lyn) |
| Filing 174 Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs claims asserted against YRC #155 (Supplemental) filed by Plaintiff Felipe Alvarez. (Attachments: #1 Proof of Service)(Vecchi, Jill) |
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Filing 173
ORDER #155 #157 by Judge Terry J. Hatter, Jr. It is Ordered that Alvarezs and Schroeder's motion for partial summary judgment be, and hereby is, Denied. It is further ordered that YRC's motion for summary judgment be, and hereby is, Granted as to all of Alvarez's claims and as to Schroeder's claims for second meal break and third rest break violations. It is further Ordered that Schroeder shall file, by December 2, 2020, a supplemental opposition brief, limited to his remaining claims, to YRC's motion for summary judgment. It is further Ordered that YRC shall file, by December 14, 2020, a supplemental reply brief to Schroeders supplemental opposition brief to YRC's motion for summary judgment. (lom)
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Filing 172
MINUTE IN CHAMBERS ORDER LIFTING STAY by Judge Terry J. Hatter, Jr.: Counsel are hereby notified that pursuant to the Judge's directive, the Court has considered the joint status report #171 and hereby lifts the stay based on the report. Counsel are reminded that the pending cross motions for summary judgment are now deemed submitted for a decision without oral arguments. A written order will issue. IT IS SO ORDERED. (shb)
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| Filing 171 STATUS REPORT REGARDING MEDIATION filed by Plaintiff Felipe Alvarez. (Bello, Jordan) |
| Filing 170 RESPONSE filed by Plaintiff Felipe Alvarezto Notice (Other) #169 Defendants Notice of Related Authority (Attachments: #1 Proof of Service)(Mara, David) |
| Filing 169 NOTICE of Related Authority filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Braham, Christopher) |
| Filing 168 STATUS REPORT (Joint) filed by Plaintiff Felipe Alvarez. (Attachments: #1 Proof of Service)(Vecchi, Jill) |
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Filing 167
ORDER GRANTING JOINT STIPULATION CONTINUING MOTION FOR SUMMARY JUDGMENT HEARING DATE AND TO STAY ACTION PENDING MEDIATION #166 by Judge Terry J. Hatter, Jr.:IT IS HEREBY ORDERED that: (1) The March 6, 2020 hearing on the Parties respective motions for summary judgment to a date after the parties have completed Mediation; (2) The entire Action is stayed pending the outcome of Mediation confirmed for August 20, 2020; and (3) The parties will notify the Court thirty days following mediation should mediation not be successful and request the Court to put the Parties respective motions for summary judgment back on calendar based on the Courts availability. (shb)
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| Filing 166 STIPULATION to Continue Hearing Date on Parties' Motions for Summary Judgment from March 6, 2020 to Pending outcome of Mediation on August 20, 2020 Re: Order,,, Terminate Deadlines and Hearings,, #165 filed by Defendant YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Proposed Order)(Bronchetti, Ellen) |
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Filing 165
ORDER GRANTING JOINT STIPULATION VACATING MOTION FOR SUMMARY JUDGMENT HEARING DATE AND TO STAY ACTION PENDING MEDIATION #164 by Judge Terry J. Hatter, Jr: IT IS HEREBY ORDERED that: The March 6, 2020 hearing on the Parties respective motions for summary judgment is vacated to a date after the parties have completed Mediation; The entire Action is stayed pending the outcome of Mediation; and The parties will notify the Court thirty days following mediation should mediation not be successful and request the Court to put the Parties respective motions for summary judgment back on calendar based on the Courts availability, and taken under submission as of the hearing date selected with no appearance needed. (shb)
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| Filing 164 STIPULATION to Continue Motion for Summary Judgment Hearing Date from March 6, 2020 to Completion of Parties' Mediation Re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Liability #157 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Proposed Order Granting Joint Stipulation to Vacating Motion for Summary Judgment Hearing Date and Stay Action Pending Mediation)(Bronchetti, Ellen) |
| Filing 163 OBJECTION to Declaration of Kevin Taylor re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Liability #157 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Braham, Christopher) |
| Filing 162 STATEMENT of in Support of Its Motion for Summary (Reply Separate Statement) NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs claims asserted against YRC #155 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Braham, Christopher) |
| Filing 161 REPLY In Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs claims asserted against YRC #155 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Braham, Christopher) |
| Filing 160 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Liability #157 filed by Plaintiff Felipe Alvarez. (Attachments: #1 Reply In Support of Separate Statement, #2 Declaration of Jill Vecchi, Esq., #3 Exhibit 1 to Declaration of Jill Vecchi, Esq., #4 Exhibit 2 to Declaration of Jill Vecchi, Esq., #5 Response to Objection to Evidence, #6 Proof of Service)(Vecchi, Jill) |
| Filing 159 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs claims asserted against YRC #155 filed by Plaintiff Felipe Alvarez. (Attachments: #1 Statement Of Genuine Disputes Of Material Fact And Additional Material Facts In Opposition To Defendant's Motion For Summary Judgment, Or, In The Alternative, Partial Summary Judgment, #2 Declaration David Mara, #3 Exhibit Mara Exhibit 1 pt. 1, #4 Exhibit Mara Exhibit 1 pt. 2, #5 Exhibit Mara Exhibit 2, #6 Exhibit Mara Exhibit 3, #7 Exhibit Mara Exhibit 4, #8 Exhibit Mara Exhibit 5, #9 Exhibit Mara Exhibit 6 pt. 1, #10 Exhibit Mara Exhibit 6 pt. 2, #11 Exhibit Mara Exhibit 6 pt. 3, #12 Exhibit Mara Exhibit 7 pt. 1, #13 Exhibit Mara Exhibit 7 pt. 2, #14 Exhibit Mara Exhibit 7 pt. 3, #15 Exhibit Mara Exhibit 7 pt. 4, #16 Exhibit Mara Exhibit 7 pt. 5, #17 Exhibit Mara Exhibit 8 pt. 1, #18 Exhibit Mara Exhibit 8 pt. 2, #19 Exhibit Mara Exhibit 9, #20 Exhibit Mara Exhibit 10, #21 Exhibit Mara Exhibit 11, #22 Exhibit Mara Exhibit 12, #23 Exhibit Mara Exhibit 13, #24 Exhibit Mara Exhibit 14, #25 Exhibit Mara Exhibit 15, #26 Exhibit Mara Exhibit 16, #27 Exhibit Mara Exhibit 17, #28 Declaration Kevin Taylor, #29 Declaration Joseph Lavi, #30 Exhibit Lavi Exhibit 1, #31 Request Judicial Notice, #32 Exhibit RJN Exhibit A, #33 Objections, #34 Proposed Order)(Bello, Jordan) |
| Filing 158 OPPOSITION to Plaintiffs' Partial Motion for Summary Judgment re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Liability #157 OPPOSITION filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Statement of Genuine Disputes of Material Facts, #2 Evidentiary Objection to the Declaration of Kevin Taylor, #3 Declaration of Ellen Bronchetti, #4 Exhibit A - W to the Declaration of Ellen Bronchetti)(Attorney Christopher A Braham added to party YRC Inc.(pty:dft), Attorney Christopher A Braham added to party YRC Worldwide Inc.(pty:dft), Attorney Christopher A Braham added to party Yellow Roadway Corporation(pty:dft))(Braham, Christopher) |
| Filing 157 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Liability filed by Plaintiff Felipe Alvarez. Motion set for hearing on 3/6/2020 at 09:00 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of David Mara, #3 Exhibit 1 to Declaration of David Mara, #4 Exhibit 1.1 to Declaration of David Mara, #5 Exhibit 2 to Declaration of David Mara, #6 Exhibit 3 to Declaration of David Mara, #7 Exhibit 4 to Declaration of David Mara, #8 Exhibit 5 to Declaration of David Mara, #9 Exhibit 6 to Declaration of David Mara, #10 Exhibit 6.1 to Declaration of David Mara, #11 Exhibit 6.2 to Declaration of David Mara, #12 Exhibit 7.0 to Declaration of David Mara, #13 Exhibit 7.1 to Declaration of David Mara, #14 Exhibit 7.2 to Declaration of David Mara, #15 Exhibit 7.3 to Declaration of David Mara, #16 Exhibit 7.4 to Declaration of David Mara, #17 Exhibit 8.0 to Declaration of David Mara, #18 Exhibit 8.1 to Declaration of David Mara, #19 Exhibit 9 to Declaration of David Mara, #20 Exhibit 10 to Declaration of David Mara, #21 Exhibit 11 to Declaration of David Mara, #22 Exhibit 12 to Declaration of David Mara, #23 Exhibit 13 to Declaration of David Mara, #24 Exhibit 14 to Declaration of David Mara, #25 Exhibit 15 to Declaration of David Mara, #26 Exhibit 16 to Declaration of David Mara, #27 Exhibit 17 to Declaration of David Mara, #28 Declaration of Kevin Taylor, #29 Separate Statement of Undisputed Material Facts and Conclusions of Law, #30 Proposed Order, #31 Proof of Service) (Mara, David) |
| Filing 156 NOTICE filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. Notice of Errata (Attachments: #1 Exhibit A - to Notice of Errata - Declaration of Thomas Walters, #2 Exhibit A to Walters Declaration, #3 Exhibit B to Walters Declaration, #4 Exhibit C to Walters Declaration, #5 Exhibit D to Walters Declaration, #6 Exhibit E to Walters Declaration, #7 Exhibit F to Walters Declaration, #8 Exhibit G to Walters Declaration, #9 Exhibit H to Walters Declaration, #10 Exhibit I to Walters Declaration, #11 Exhibit J to Walters Declaration, #12 Exhibit K to Walters Declaration, #13 Exhibit L to Walters Declaration)(Braham, Christopher) |
| Filing 155 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs claims asserted against YRC filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. Motion set for hearing on 3/6/2020 at 09:00 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Memorandum of Points and Authorities in Support of Its Motion for Summary Judgment or in the Alternative Partial Summary Judgment, #2 Statement of Uncontroverted Material Facts of Points and Authorities in Support of Its Motion for Summary Judgment or in the Alternative Partial Summary Judgment, #3 Request for Judicial Notice of Points and Authorities in Support of Its Motion for Summary Judgment or in the Alternative Partial Summary Judgment, #4 Exhibit A-B to Request for Judicial Notice of Points and Authorities in Support of Its Motion for Summary Judgment or in the Alternative Partial Summary Judgment, #5 Declaration of Robert Paffenroth in Support of Its Motion for Summary Judgment or in the Alternative Partial Summary Judgment, #6 Declaration of Thomas Walters in Support of Its Motion for Summary Judgment or in the Alternative Partial Summary Judgment, #7 Exhibit A to Walters Declaration, #8 Exhibit B to Walters Declaration, #9 Exhibit C to Walters Declaration, #10 Exhibit D to Walters Declaration, #11 Exhibit E to Walters Declaration, #12 Exhibit F to Walters Declaration, #13 Exhibit G to Walters Declaration, #14 Exhibit H to Walters Declaration, #15 Exhibit I to Walters Declaration, #16 Exhibit J to Walters Declaration, #17 Exhibit K to Walters Declaration, #18 Exhibit L to Walters Declaration, #19 Declaration of Jim Redington in Support of Its Motion for Summary Judgment or in the Alternative Partial Summary Judgment, #20 Declaration of Ellen Bronchetti in Support of Its Motion for Summary Judgment or in the Alternative Partial Summary Judgment, #21 Exhibit A-C to Bronchetti Declaration, #22 Proposed Order Granting Defendants' Motion for Summary Judgment) (Bronchetti, Ellen) |
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Filing 154
ORDER GRANTING JOINT STIPULATION CONTINUING MOTION FOR SUMMARY JUDGMENTDEADLINES #153 by Judge Terry J. Hatter, Jr.: IT IS HEREBY ORDERED that the deadlines associated with the Parties cross-motions for summary judgment are continued as follows: Deadline for the Parties to file their respective motions for summary judgment: December 13, 2019. Deadline for the Parties to file their respective oppositions to the motions for summary judgment: January 24, 2020. Deadline for the Parties to file their respective replies to the motions for summary judgment: February 21, 2020. Hearing date: March 6, 2020. (shb)
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| Filing 153 Joint STIPULATION to Continue Motion for Summary Judgment Hearing from January 27, 2020 to March 6, 2020 filed by Defendant YRC Inc.. (Attachments: #1 Proposed Order Granting Joint Stipulation Continuing Motion for Summary Judgment Deadlines)(Bronchetti, Ellen) |
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Filing 152
ORDER GRANTING JOINT STIPULATION CONTINUING MOTION FOR SUMMARY JUDGMENT DEADLINES #151 by Judge Terry J. Hatter, Jr. The Stipulation is GRANTED, and IT IS HEREBY ORDERED that the deadlines associated with the Parties cross-motions for summary judgment are continued as follows: Deadline for the Parties to file their respective motions for summary judgment: August 30, 2019. Deadline for the Parties to file their respective oppositions to the motions for summary judgment: November 4, 2019. Deadline for the Parties to file their respective replies to the motions for summary judgment: December 10, 2019. Hearing date: January 27, 2020. (shb)
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| Filing 151 STIPULATION to Continue Motion for Summary Judgment filing deadlines and hearing from July 29, 2019 to August 30, 2019 Re: Order,,, Terminate Hearings,,, Set/Reset Deadlines,,, Set/Reset Motion Hearing and R&R Deadlines,, #149 , Stipulation to Continue #148 filed by Defendant YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Proposed Order)(Bronchetti, Ellen) |
| Filing 150 Notice of Appearance or Withdrawal of Counsel: for attorney David Thomas Mara counsel for Plaintiff Felipe Alvarez. William David Turley is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Felipe Alvarez. (Attachments: #1 Proof Of Service)(Mara, David) |
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Filing 149
ORDER GRANTING JOINT STIPULATION CONTINUING MOTION FOR SUMMARY JUDGMENT DEADLINES, #148 by Judge Terry J. Hatter, Jr. The Parties Stipulation is GRANTED, and IT IS HEREBY ORDERED that the deadlines associated with the Deadline for the Parties to file their respective motions for summary judgment: July 28, 2019. Deadline for the Parties to file their respective oppositions to the motions for summary judgment: October 1, 2019. Deadline for the Parties to file their respective replies to the motions for summary judgment: November 1, 2019. Hearing date: December 20, 2019. (shb)
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| Filing 148 Joint STIPULATION to Continue Motion for Summary Judgement Deadlines filed by Plaintiff Felipe Alvarez. (Attachments: #1 Proposed Order, #2 Proof of Service)(Vecchi, Jill) |
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Filing 147
ORDER by Judge Terry J. Hatter, Jr. The Court has reviewed the joint status report filed on November 14, 2018. Defendants contend that the Notice should include, in the first paragraph, the following statement: There is no settlement money available now, and no guarantee there will be. Plaintiffs are correct that this statement is inappropriate and should not be included in the Notice. Finally, Defendants counsels contact information should not be included in the notice. (See order for further details) (yl)
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| Filing 146 STATUS REPORT (Joint) Per Class Certification Order filed by Plaintiff Felipe Alvarez. (Attachments: #1 Proof Of Service)(Mara, David) |
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Filing 145
MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that a joint status report must be filed to this action no later than NOVEMBER 14, 2018. (shb)
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Filing 144
ORDER by Judge Terry J. Hatter, Jr: GRANTING #106 MOTION for Class Certification; GRANTING #122 MOTION to Exclude putative class memberdeclarations filed in support of the motion for class certification; DENYING #123 MOTION to Exclude Plaintiffs expert testimony filed in support of the motion for class certification. (shb)
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| Filing 142 OBJECTIONS to Notice of Decision by other Court #141 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Bronchetti, Ellen) |
| Filing 141 NOTICE of Decision: New Ninth Circuit Authority filed by Plaintiff Felipe Alvarez. (Attachments: #1 Declaration of David Mara, #2 Proof of Service)(Mara, David) |
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Filing 143
ORDER by Judge Terry J. Hatter, Jr, re Stipulation to Continue Scheduling Dates #138 . All dates and deadlines appearing shall be vacated pending resolution of the Motion for Class Certification, after which the future deadlines shall be scheduled after Counsel has the opportunity to meet and confer, however in no case shall the earliest of deadlines be set prior to October 15, 2018. See order for details. (shb)
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Filing 140
ORDER by Judge Terry J. Hatter, Jr, GRANTING Stipulation to Continue TriaeXTEl Date and Extend Related Deadlines #138 . The Court, having read and considered the papers on the Joint Stipulation, and good cause appearing therefore, hereby ORDERS: All dates and deadlines appearing below shall be vacated pending resolution of the Motion for Class Certification, after which the future deadlines shall be scheduled after Counsel has the opportunity to meet and confer, however in no case shall the earliest of deadlines be set prior to October 15, 2018. See order for details. (shb)
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| Filing 139 REPLY Opposition NOTICE OF MOTION AND MOTION to Certify Class #106 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Bronchetti, Ellen) |
| Filing 138 STIPULATION to Continue Trail Date and Extend Related Deadlines from December 4, 2018 to TBD filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Proposed Order)(Bronchetti, Ellen) |
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Filing 137
ORDER by Judge Terry J. Hatter, Jr: GRANTING #135 EX PARTE APPLICATION for Leave to file To File Limited Surreply. Defendants have leave to file a 5-page Surreply limited in scope to the additional argumentation provided in Plaintiffs Reply. Defendants shall file this limited Surreply, if at all, no later than 7 days after issuance of this Order. (shb)
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| Filing 136 OPPOSITION to EX PARTE APPLICATION for Leave to file To File Limited Surreply #135 filed by Plaintiff Felipe Alvarez. (Mara, David) |
| Filing 135 EX PARTE APPLICATION for Leave to file To File Limited Surreply filed by defendant YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Memorandum, #2 Proposed Order) (Bronchetti, Ellen) |
| Filing 134 NOTICE OF ERRATA filed by Plaintiff Felipe Alvarez. correcting Response in Support of Motion, #132 , Reply (Motion related) #130 (Bello, Jordan) |
| Filing 133 Objections in support of re: NOTICE OF MOTION AND MOTION to Certify Class #106 to Defendants' Evidence in Opposition to Motion for Class Certification filed by Plaintiff Felipe Alvarez. (Bello, Jordan) |
| Filing 132 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Certify Class #106 in Response to Defendants' Objections to Plaintiffs' Evidence in Support of Motion for Class Certification filed by Plaintiff Felipe Alvarez. (Attachments: #1 Declaration of Joseph Lavi in Support of Response to Defendants' Objections to Plaintiffs' Evidence in Support of Motion for Class Certification)(Bello, Jordan) |
| Filing 131 REPLY in support of NOTICE OF MOTION AND MOTION to Certify Class #106 and Response to Defendants' Opposition to Plaintiffs' Trial Plan filed by Plaintiff Felipe Alvarez. (Bello, Jordan) |
| Filing 130 REPLY in support of NOTICE OF MOTION AND MOTION to Certify Class #106 filed by Plaintiff Felipe Alvarez. (Attachments: #1 Declaration of Joseph Lavi in Support of Reply)(Bello, Jordan) |
| Filing 129 REPLY in support of NOTICE OF MOTION AND MOTION to Exclude Putative Class Member Declarations filed in Support of Plaintiffs' Motion for Class Certification #122 filed by Defendants YRC Inc., YRC Worldwide Inc.. (Holland, Ronald) |
| Filing 128 REPLY in support of NOTICE OF MOTION AND MOTION to Exclude Plaintiff's Expert Testimony filed in Support of Plaintiffs' Motion for Class Certification #123 filed by Defendants YRC Inc., YRC Worldwide Inc.. (Holland, Ronald) |
| Filing 127 OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude Plaintiff's Expert Testimony filed in Support of Plaintiffs' Motion for Class Certification #123 filed by Plaintiff Felipe Alvarez. (Attachments: #1 Proof Of Service)(Vecchi, Jill) |
| Filing 126 OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude Putative Class Member Declarations filed in Support of Plaintiffs' Motion for Class Certification #122 filed by Plaintiff Felipe Alvarez. (Attachments: #1 Proof Of Service)(Attorney Matthew Evan Crawford added to party Felipe Alvarez(pty:pla))(Crawford, Matthew) |
| Filing 125 Objection To Plaintiffs' Evidence in Support of Motion for Class Certification re: NOTICE OF MOTION AND MOTION to Certify Class #106 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Declaration Ellen Bronchetti, #2 Exhibit Exhibits A-D)(Bronchetti, Ellen) |
| Filing 124 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class #106 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Declaration Ellen Bronchetti, #2 Exhibit 1 - 10, #3 Exhibit 11 - 20, #4 Compendium of Evidence, #5 Opposition to Plaintiffs' Trial Plan ISO Defendants' Opposition, #6 Declaration Robert Crandall, #7 Declaration Deanna Parker, #8 Declaration John Meade, #9 Declaration Steve Ulivarri, #10 Declaration Ben Candeleria, #11 Exhibit 1, #12 Declaration James Moore, #13 Exhibit A-D, #14 Declaration Robert Paffenroth, #15 Exhibit a, #16 Declaration Joe Cuevas, #17 Exhibit 1, #18 Declaration Mike Wooddy, #19 Exhibit 1, #20 Appendix Part 1, #21 Appendix Part 2, #22 Appendix Part 3, #23 Appendix Part 4, #24 Appendix Part 5, #25 Appendix Part 6, #26 Appendix Part 7)(Bronchetti, Ellen) |
| Filing 123 NOTICE OF MOTION AND MOTION to Exclude Plaintiff's Expert Testimony filed in Support of Plaintiffs' Motion for Class Certification filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Memorandum, #2 Declaration Ellen Bronchetti, #3 Exhibit 1 -8, #4 Proposed Order) (Bronchetti, Ellen) |
| Filing 122 NOTICE OF MOTION AND MOTION to Exclude Putative Class Member Declarations filed in Support of Plaintiffs' Motion for Class Certification filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit 1-11, #4 Proposed Order) (Bronchetti, Ellen) |
| Filing 121 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #120 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - select - Other Filings - select - Notice - select - Withdrawal of Motion of Document. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (shb) |
| Filing 120 NOTICE OF WITHDRAWAL OF THE DECLARATION OF KEEJUAN LEWIS IN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION filed by Plaintiff Felipe Alvarez. (Attachments: #1 Proof Of Service)(Crawford, Matthew) |
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Filing 119
ORDER by Judge Terry J. Hatter, Jr, GRANTING Stipulation to Exceed Page Limitation as to Opposition to Motion for Class Certification and Reply to Opposition #118 . The Court hereby ORDERS to extend the page limit an additional three pages for Defendants Opposition to Plaintiffs Motion For Class Certification, and to extend the page limit an additional three pages for Plaintiffs Reply to Defendants Opposition brief. (shb)
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| Filing 118 STIPULATION to Exceed Page Limitation as to Opposition to Motion for Class Certification and Reply to Opposition filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Proposed Order)(Bronchetti, Ellen) |
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Filing 117
ORDER by Judge Terry J. Hatter, Jr: granting #115 EX PARTE APPLICATION for Extension of Time to File the deadline for their reply brief for their motion for class certification, together with the moving and opposing papers. It is further Ordered that Plaintiffs shall file their reply brief, if any, by May 28, 2018. The motion for class certification will then stand submitted. (shb)
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| Filing 116 OPPOSITION to EX PARTE APPLICATION for Extension of Time to File Reply to Defendants' Opposition to Plaintiffs' Motion for Class Certification EX PARTE APPLICATION to Continue Plaintiffs' Motion for Class Certification from May 21, 2018 to June 25, 2018 Re: Order,,,,,,, Set/Reset Deadlines/Hearings,,,,,,, Set/Reset Hearing,,,,,, #108 , Order on Motion for Order, #113 , NOTICE OF #115 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Declaration, #2 Proposed Order)(Bronchetti, Ellen) |
| Filing 115 EX PARTE APPLICATION for Extension of Time to File Reply to Defendants' Opposition to Plaintiffs' Motion for Class Certification, EX PARTE APPLICATION to Continue Plaintiffs' Motion for Class Certification from May 21, 2018 to June 25, 2018 Re: Order,,,,,,, Set/Reset Deadlines/Hearings,,,,,,, Set/Reset Hearing,,,,,, #108 , Order on Motion for Order, #113 , NOTICE OF MOTION AND MOTION to Certify Class #106 , Stipulation for Extension of Time to File Response/Reply, #107 filed by Plaintiff Felipe Alvarez. (Attachments: #1 Memorandum Points and Authorities in support of Plaintiffs' Ex Parte Application to Continue the Class Certification Reply Filing Deadline and Motion for Class Certification Hearing Date, #2 Declaration of Jordan D. Bello, #3 Proposed Order) (Bello, Jordan) |
| Filing 114 NOTICE of Change of Attorney Business or Contact Information: for attorney Ronald J Holland, II counsel for Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. Changing Address and firm name to 275 Middlefield Road, Suite 100, Menlo Park, CA 94025-4004, McDermott, Will & Emery LLP. Changing Email and fax number to rjholland@mwe.com; ebronchetti@mwe.com; (650) 815 7401. Filed by Defendants YRC INC., and YRC WORLDWIDE, INC. (Holland, Ronald) |
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Filing 113
ORDER #109 by Judge Terry J. Hatter, Jr. It is Ordered that Defendants may depose up to ten putative class members. It is further Ordered that Defendants shall file their opposition, if any, to Plaintiff's motion for class certification by May 7, 2018. (lom)
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| Filing 112 REPLY In Support of Motion EX PARTE APPLICATION for Order for TO ENFORCE THE PARTIES STIPULATION, ENFORCE THE COURTS ORDER, AND FOR AN ORDER TO EXTEND DEADLINES FOR DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION [Local Rule 7-19] #109 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Bronchetti, Ellen) |
| Filing 111 OPPOSITION to EX PARTE APPLICATION for Order for TO ENFORCE THE PARTIES STIPULATION, ENFORCE THE COURTS ORDER, AND FOR AN ORDER TO EXTEND DEADLINES FOR DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION [Local Rule 7-19] #109 filed by Plaintiff Felipe Alvarez. (Vecchi, Jill) |
| Filing 110 NOTICE OF LODGING filed re EX PARTE APPLICATION for Order for TO ENFORCE THE PARTIES STIPULATION, ENFORCE THE COURTS ORDER, AND FOR AN ORDER TO EXTEND DEADLINES FOR DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION [Local Rule 7-19] #109 (Bronchetti, Ellen) |
| Filing 109 EX PARTE APPLICATION for Order for TO ENFORCE THE PARTIES STIPULATION, ENFORCE THE COURTS ORDER, AND FOR AN ORDER TO EXTEND DEADLINES FOR DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION [Local Rule 7-19] filed by Defendants YRC Inc., YRC Worldwide Inc.. (Attachments: #1 Memorandum, #2 Declaration of Eric Ortiz, #3 Exhibit Exhibit A of Decl. of Eric Ortiz, #4 Exhibit Exhibit B of Decl. of Eric Ortiz, #5 Exhibit Exhibit C of Decl. of Eric Ortiz, #6 Exhibit Exhibit D of Decl. of Eric Ortiz, #7 Exhibit Exhibit E of Decl. of Eric Ortiz, #8 Exhibit Exhibit F of Decl. of Eric Ortiz, #9 Exhibit Exhibit G of Decl. of Eric Ortiz, #10 Proposed Order) (Bronchetti, Ellen) |
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Filing 108
ORDER by Judge Terry J. Hatter, Jr, GRANTING Joint Stipulation Extending Class Certification Opposition and Reply Filing Deadlines. IT IS HEREBY ORDERED that: (1) the deadline for Defendants to file their opposition to Plaintiffs motion for class certification is April 9, 2018; (2) Plaintiffs deadline to file their reply in support of their motion for class certification is May 3, 2018; (3) the hearing on Plaintiffs motion for class certification is May 21, 2018; and (2) the dates contained in the August 21, 2017 Order Granting Joint Stipulation Extending Class Certification Filing Deadlines and Trial Deadlines are continued by seventy (70) days to: Trial: December 4, 2018 at 10:00 a.m; Hearing on Disputed Jury Instructions: November 5, 2018 at 10:00 a.m..; Deadline to File Joint Deposition Designation Submission and Lodge Pertinent Deposition Transcripts: November 21, 2018; Hearing on Motions in Limine: November 19, 2018; Joint Jury Instructions; Disputed Jury Instructions to be Filed and Emailed to Chambers in Word Format: November 12, 2018; Pretrial Conference; Proposed Voir Dire Q.s. Lodged; File Agreed-to Statement of Case; File Agreed to Verdict Forms; Exchange Objections/Response to Deposition Designations: November 5, 2018 at 10:00 a.m.; Motions in Limine to be Filed: October 22, 2018; Lodge Pretrial Conf. Order; File Memo of Contentions of Fact and Law; Exhibit & Witness Lists; Exchange Deposition Designations: October 22,2018; Last Date to File Joint Report re ADR Proceeding: October 15, 2018; Last Date to Conduct ADR Proceeding: October 8, 2018; Last Day for Hearing Motions: October 1, 2018; Discovery Cut-Off: September 24, 2018. (shb)
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| Filing 107 Joint STIPULATION for Extension of Time to File Defendants' Opposition to Plaintiffs' Motion for Class Certification and Plaintiffs' Reply in Support of Their Motion for Class Certification and Trial Deadlines as to Order,,,, Set/Reset Deadlines/Hearings,,, #101 , NOTICE OF MOTION AND MOTION to Certify Class #106 filed by Plaintiffs Alvarez and Schroeder Felipe Alvarez. (Attachments: #1 Proposed Order)(Mara, David) |
| Filing 106 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Felipe Alvarez. Motion set for hearing on 1/22/2019 at 01:30 PM before Judge Terry J. Hatter Jr. (Attachments: #1 Memorandum Mem. of P. & A., #2 Declaration Turley Decl., #3 Declaration Lavi Decl., #4 Exhibit Ex. 1-5 to Lavi Decl., #5 Exhibit Ex. 6 part 1 to Lavi Decl., #6 Exhibit Ex. 6 part 2 to Lavi Decl., #7 Exhibit Ex. 6 part 3 to Lavi Decl., #8 Exhibit Ex. 7 part 1 to Lavi Decl., #9 Exhibit Ex. 7 part 2 to Lavi Decl., #10 Exhibit Ex. 7 part 3 to Lavi Decl., #11 Exhibit Ex. 7 part 4 to Lavi Decl., #12 Exhibit Ex. 8 to Lavi Decl., #13 Exhibit Ex. 9 to Lavi Decl., #14 Exhibit Ex. 10 to Lavi Decl., #15 Exhibit Ex. 11-13 to Lavi Decl., #16 Exhibit Ex. 14-23 to Lavi Decl., #17 Exhibit Ex. 24-31 to Lavi Decl., #18 Exhibit Ex. 32-53 to Lavi Decl., #19 Exhibit Ex. 54 part 1 to Lavi Decl., #20 Exhibit Ex. 54 part 2 to Lavi Decl., #21 Exhibit Ex. 55-56 to Lavi Decl., #22 Memorandum Mem. Trial Methodology, #23 Proposed Order Prop. Order Grant. Cert.) (Bello, Jordan) |
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Filing 105
ORDER re: Jury Instructions by Judge Terry J. Hatter, Jr.: JT: OCTOBER 16, 2018 @ 10:00 A.M. (see document for further details) (bm)
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Filing 104
ORDER SETTING FINAL PRETIRAL CONFERENCE AND REFERRING DISCOVERY by Judge Terry J. Hatter, Jr. It is Ordered that all discovery matters which become at issue are referred to Magistrate Judge Charles F. Eick for his/her consideration. Please contact the courtroom deputy clerk to the Magistrate Judge regarding these matters. It is Ordered, pursuant to Rule 16 of the Federal Rules of Civil Procedures and Local Rule 16, that the Final Pre-Trial Conference is placed on the Courts calendar for September 10, 2018 at 10:00 a.m. in Courtroom No. 9B in the U. S. Courthouse on First Street. See order for details. (shb)
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| Filing 103 MINUTE IN CHAMBERS NEW CASE BEFORE JUDGE HATTER: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judges initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents. Judge Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be reached at (213) 894-5276. Counsel shall ot attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda_skipper@cacd.uscourts.gov, with appropriate inquiries.Judge Hatters courtroom is located on the 9th Floor, at 350 W. 1st Street, United States Courthouse, Courtroom No. 9B. Additional information about Judge Hatters procedures and schedules can be found on the courts website at www.cacd.uscourts.gov. See order for details. (shb) |
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Filing 102
ORDER OF THE CHIEF JUDGE (#17-081) approved by Judge Virginia A. Phillips. Pursuant to the recommended procedure adopted by the Court for the TRANSFER OF CASES of Judge Beverly Reid O'Connell, this case is transferred from Judge Beverly Reid O'Connell to the calendar of Judge Terry J. Hatter, Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:12-cv-01374-TJH-Ex. (rrp)
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Filing 101
ORDER GRANTING JOINT STIPULATION EXTENDING CLASS CERTIFICATION FILING DEADLINES AND TRIAL DEADLINES by Judge Beverly Reid O'Connell, re Stipulation to Continue, #100 IT IS HEREBY ORDERED that: (1) the deadline for Plaintiffs tofile their class certification motions is continued to October 20, 2017, The deadlines and hearings originally scheduled have been rescheduled. Last date for hearing on motions is 7/23/2018 at 1:30 pm, Motions in Limine to be filed by 8/13/2018., Proposed Pretrial Order due by 8/13/2018., Last date to conduct settlement conference is 8/6/2018., Jury Trial set for 9/25/2018 08:30 AM before Judge Beverly Reid O'Connell., Motions in Limine set for hearing on 9/10/2018 at 01:30 PM before Judge Beverly Reid O'Connell., Pretrial Conference set for 8/27/2018 03:00 PM before Judge Beverly Reid O'Connell. (rfi)
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| Filing 100 Second STIPULATION to Continue Deadline to file Motion for Class Certification and Related Documents from September 11, 2017 to October 20, 2017 Re: Order,,,, Set/Reset Deadlines/Hearings,,, #99 filed by Plaintiff Felipe Alvarez. (Attachments: #1 Proposed Order Extending Class Certification Deadline and Trial Deadlines)(Bello, Jordan) |
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Filing 99
ORDER GRANTING JOINT STIPULATION EXTENDING CLASS CERTIFICATION FILING DEADLINES AND TRIAL DEADLINES by Judge Beverly Reid O'Connell, re Stipulation for Extension of Time to File #98 , The deadlines and hearings originally scheduled have been rescheduled( Discovery cut-off 1/15/2018., Last date for hearing on motions is 1/22/2018 at 1:3 pm, Motions in Limine to be filed by 2/12/2018., Proposed Pretrial Order due by 2/12/2018., Last date to conduct settlement conference is 1/29/2018., Jury Trial set for 3/27/2018 at 08:30 AM before Judge Beverly Reid O'Connell., Motions in Limine set for hearing on 3/12/2018 at 01:30 PM before Judge Beverly Reid O'Connell., Pretrial Conference set for 2/26/2018 at 03:00 PM before Judge Beverly Reid O'Connell. (rfi)
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| Filing 98 Joint STIPULATION for Extension of Time to File Class Certification filed by Felipe Alvaraz Felipe Alvarez. (Attachments: #1 Proposed Order Proposed Order and Proof of Service)(Mara, David) |
| Filing 97 MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick. The Court as read and considered all papers filed in support of and in opposition to "Plaintiff's Motion to Compel Defendant's Further Responses to Plaintiff's Interrogatories 11 and 12", filed 12/19/16. The Court heard oral argument on 2/3/17. Within 30 days of the date of this Order, Defendant YRC, Inc. shall either: (1) answer the interrogatories; or (2) produce to Plaintiff copies of the electronic records that might reflect the taking of the second meal breaks and make available to Plaintiff the manual records that might reflect the taking of second meal breaks. Except as expressly stated herein, the Motion is denied. (See document for further details.)(sp) |
| Filing 96 NOTICE of Change of Firm Name filed by Plaintiff Felipe Alvarez. (McCall, Katharine) |
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Filing 95
ORDER Granting Counsel for Defendant Leave to Appear at Hearing of Plaintiff's Motion to Compel Defendant's Further Responses to Interrogatories 11 and 12 by Phone by Magistrate Judge Charles F. Eick. The Court hereby grants that Defendant's counsel Ellen M. Bronchetti may appear for Defendants at the hearing of Plaintiff's Motion to Compel Defendant's Further Responses to Plaintiff's Interrogatories via telephone. (sp)
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| Filing 94 STIPULATION AND PROPOSED ORDER RE FOR DEFENDANT TO APPEAR AT HEARING OF PLAINTIFFS MOTION TO COMPEL DEFENDANTS FURTHER RESPONSES TO INTERROGATORIES 11 AND 12 BY PHONE re First MOTION to Compel Answers to Interrogatories of YRC, Inc. #91 filed by Defendants YRC Inc., YRC Worldwide Inc.. (Attachments: #1 Proposed Order Granting Request for Telephonic Appearance)(Bronchetti, Ellen) |
| Filing 93 NOTICE. Please take notice that Plaintiff's Motion to Compel Defendant's Further Responses to Plaintiff's Interrogatories 11 and 12 scheduled for 2/3/17 at 9:30 a.m. has been continued to 2/3/17 at 1:30 p.m. before Magistrate Judge Charles F. Eick. (sp) |
| Filing 92 NOTICE of Change of firm name and address by Ellen M Bronchetti attorney for Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. Changing firm name to DLA Piper LLP and address to 555 Mission Street, Suite 2400, San Francisco, California 94105. Filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Bronchetti, Ellen) |
| Filing 91 NOTICE OF MOTION AND First MOTION to Compel Answers to Interrogatories of YRC, Inc. filed by Plaintiff Felipe Alvarez. Motion set for hearing on 2/3/2017 at 09:30 AM before Magistrate Judge Charles F. Eick. (Attachments: #1 Joint Stipulation re discovery motion, #2 Declaration Declaration of Jordan D. Bello in support of motion to compel, #3 Declaration Declaration of Ellen Bronchetti in Opposition to motion to compel, #4 Proposed Order)(Bello, Jordan) |
| Filing 90 NOTICE of Association of Counsel associating attorney William Turley, David Mara, Jill Vecchi, and Katharine McCall on behalf of Plaintiff Felipe Alvarez. Filed by Plaintiff Felipe Alvarez (Vecchi, Jill) |
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Filing 89
ORDER GRANTING JOINT STIPULATION EXTENDING CLASS CERTIFICATION FILING DEADLINES AND TRIAL DEADLINES by Judge Beverly Reid O'Connell, re Stipulation for Extension of Time to File, Stipulation for Trial #88 , The deadlines and hearings originally scheduled have been rescheduled( Discovery cut-off 9/18/2017., Last date for hearing on motions is 9/25/2017 at 1:30 pm, Motions in Limine to be filed by 10/16/2017., Proposed Pretrial Order due by 10/16/2017., Last date to conduct settlement conference is 10/2/2017., Jury Trial set for 11/28/2017 at 08:30 AM before Judge Beverly Reid O'Connell., Motion set for hearing on 11/13/2017 at 01:30 PM before Judge Beverly Reid O'Connell., Pretrial Conference set for 10/30/2017 at 03:00 PM before Judge Beverly Reid O'Connell. (rfi)
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| Filing 88 Joint STIPULATION for Extension of Time to File Class Certification, Joint STIPULATION for Jury Trial on November 29, 2017 filed by Felipe Alvaraz Felipe Alvarez. (Attachments: #1 Proposed Order)(Vecchi, Jill) |
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Filing 87
ORDER by Judge Beverly Reid O'Connell,, The deadlines and hearings originally scheduled have been rescheduled( Discovery cut-off 5/15/2017., Last date for hearing on motions is 5/22/2017 at 1:30 pm, Motions in Limine to be filed by 6/19/2017., Proposed Pretrial Order due by 6/19/2017., Last date to conduct settlement conference is 6/5/2017., Jury Trial set for 8/1/2017 at 08:30 AM before Judge Beverly Reid O'Connell., Motions in Limine hearing set for hearing on 7/17/2017 at 01:30 PM before Judge Beverly Reid O'Connell., Pretrial Conference set for 7/3/2017 at 3:00 PM before Judge Beverly Reid O'Connell. (rfi)
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| Filing 86 MINUTES (IN CHAMBERS) by Judge Beverly Reid O'Connell: the Court GRANTS Shroeder's Motion to Consolidate and DENIES Defendants' Motion to Dismiss or Stay. The cases are consolidated for the purposes of discovery as well as all pre-trial and trial proceedings. The Court will keep both case dockets open only to allow Defendants to file a Motion for Summary Judgment, if desired, in the Shroeder proceeding, but will administratively close the Shroeder docketand consolidate the action into the Alvarez docket once the Motion for SummaryJudgment has been decided. The Court will issue an Amended Scheduling Order in both actions based on the currently scheduled trial date in the Shroeder action of August 1, 2017. Counsel is directed to file all further documents on both case dockets until the dockets are administratively consolidated.The Court VACATES the hearing in this matter set for November 7, 2016. #81 (rfi) |
| Filing 85 Joint STIPULATION for Extension of Time to File Class Certification Filing Deadlines and Trial Deadlines filed by Plaintiff Felipe Alvarez. (Attachments: #1 Proposed Order, #2 Proof of Service)(Vecchi, Jill) |
| Filing 84 NOTICE TO PARTIES by District Judge Beverly Reid O'Connell. Effective October 31, 2016, Judge O'Connell will be located at the 1st Street Courthouse, COURTROOM 7C on the 7th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 7C of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 83 SCHEDULING NOTICE by Judge Beverly Reid O'Connell re: NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 16-cv-6173-JFK (JCx), #81 The Court, on its own motion, continues the hearing to 11/7/2016 at 01:30 PM before Judge Beverly Reid O'Connell. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 82 NOTICE of Related Case(s) filed by Plaintiff Felipe Alvarez. Related Case(s): 16-cv-6173-JFK (JCx) (Attachments: #1 Proof of Service)(Vecchi, Jill) |
| Filing 81 NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 16-cv-6173-JFK (JCx), filed by Plaintiff Felipe Alvarez. Motion set for hearing on 10/31/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Declaration of Jill Vecchi, Esq., #2 Proposed Order, #3 Proof of Service) (Attorney Jill Marie Vecchi added to party Felipe Alvarez(pty:pla)) (Vecchi, Jill) |
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Filing 80
AMENDED ORDER FOR CIVIL JURY TRIAL by Judge Beverly Reid O'Connell. Some of the deadlines and hearings originally scheduled have been rescheduled. The hearing on the Motions in Limine and the Disputed Jury Instructions have changed. THE PARTIES SHOULD REVIEW THIS NEW ORDER COMPLETELY FOR AMENDED DEADLINES AND HEARINGS. (rfi)
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Filing 79
SCHEDULING ORDER by Judge Beverly Reid O'Connell. Amended Pleadings due by 5/2/2016. Discovery cut-off 4/3/2017. Motions in Limine to be filed by 5/8/2017. Last date for hearing on Motions is 4/10/2017 at 1:30 pm. Proposed Pretrial Order due by 5/1/2017. Last date to conduct settlement conference is 4/17/2017. Hearing on motions in limine set for hearing on 6/5/2017 at 01:30 PM before Judge Beverly Reid O'Connell. Pretrial Conference set for 5/15/2017 at 3:00 PM before Judge Beverly Reid O'Connell. Jury Trial set for 6/13/2017 at 8:30 AM before Judge Beverly Reid O'Connell. (rfi)
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| Filing 78 STIPULATION for Order Scheduling Matters Leading to Trial filed by Plaintiff Felipe Alvarez. (Attachments: #1 Proposed Order)(Bello, Jordan) |
| Filing 77 MINUTES (IN CHAMBERS) by Judge Beverly Reid O'Connell: The Court DENIES Defendants' Motion for Summary Judgment. The parties are ORDERED to meet and confer and submit a Proposed Stipulation and Order with a Schedule leading to Trial in this matter. The stipulation and proposedorder is to be filed no later than March 25, 2016. #52 (rfi) |
| Filing 76 MINUTES OF MOTION HEARING Hearing held before Judge Beverly Reid O'Connell: RE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT (filed 7/2/2015) #52 Court questions counsel as stated in court and on the record on the motion and invites counsel to present their oral arguments. Arguments by counsel are heard. The matter is taken under submission, a written order to follow. IT IS SO ORDERED.Court Reporter: Myra Ponce. (rfi) |
| Filing 75 NOTICE REGARDING UPDATED STANDING ORDERS: Please take notice that Judge Beverly Reid O'Connell has updated the Court's Standing Orders. The Court ORDERS the parties to comply with any and all updated procedures. You can find the updated ORDERS on the Court's website, located at WWW.CACD.USCOURTS.GOV, under Judges Procedures and Schedules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY |
| Filing 74 STATUS REPORT (Joint) filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Holland, Ronald) |
| Filing 73 REPLY NOTICE OF MOTION AND MOTION for Summary Judgment as to Notice of Motion and Moiton for Summary Judgment, Or, In the Alternative, Partial Summary Judgent #52 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Declaration Bronchetti Declaration in Support of Reply, #2 Exhibit Exhibit 1 to Bronchetti Declaration, #3 Objections to Declaration of Felipe Alvarez, #4 Separate Statement in Support of Defendants' Reply)(Bronchetti, Ellen) |
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Filing 72
ORDER RE JOINT STIPULATION BY PARTIES MODIFYING TIME FOR DEFENDANTS TO FILEREPLY TO MOTION FOR SUMMARY JUDGMENT by Judge Beverly Reid O'Connell, re Stipulation for Extension of Time to File Response/Reply, #71 THEREFORE, IT IS ORDERED AS FOLLOWS: Defendants will be granted a one-week extension on the Reply to Plaintiff's Opposition to the Motion for Summary Judgment. Defendants shall therefore file its Reply on or before December 16, 2015. (rfi)
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| Filing 71 Joint STIPULATION for Extension of Time to File Reply filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 [Proposed] Order Re Joint Stipulation Modifying Time for Defendants to File Reply to Motion for Summary Judgment)(Bronchetti, Ellen) |
| Filing 70 STATUS REPORT (Joint) filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Holland, Ronald) |
| Filing 69 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Notice of Motion and Moiton for Summary Judgment, Or, In the Alternative, Partial Summary Judgent #52 filed by Plaintiff Felipe Alvarez. (Attachments: #1 STATEMENT OF GENUINE DISPUTES OF FACT AND ADDITIONAL MATERIAL FACTS, #2 Declaration DECLARATION OF FELIPE ALVAREZ, #3 Declaration DECLARATION OF JORDAN D. BELLO, #4 OBJECTIONS TO DECLARATIONS OF THOMAS WALTERS AND JIM REDINGTON, #5 Proposed Order)(Bello, Jordan) |
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Filing 68
ORDER by Judge Beverly Reid O'Connell: granting #67 Request to Substitute Attorney. (rfi)
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| Filing 67 REQUEST TO WITHDRAW ATTORNEY Baker & Hostetler LLP, Margaret Rosenthal, Sabrina L. Shadi, Jeffrey T. Williams and Gregory V. Mersol as counsel of record filed by defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Proposed Order) (Shadi, Sabrina) |
| Filing 66 Supplemental NOTICE of Appearance filed by attorney Ronald J Holland on behalf of Defendants Does, YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation (Holland, Ronald) |
| Filing 65 NOTICE of Appearance filed by attorney Ronald J Holland on behalf of Defendants Does, YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation (Attorney Ronald J Holland added to party Does(pty:dft), Attorney Ronald J Holland added to party YRC Inc.(pty:dft), Attorney Ronald J Holland added to party YRC Worldwide Inc.(pty:dft), Attorney Ronald J Holland added to party Yellow Roadway Corporation(pty:dft))(Holland, Ronald) |
| Filing 64 NOTICE by Judge Beverly Reid O'Connell re: Status Report #63 The parties are ORDERED to file a further Status Report, no later than January 20, 2016, advising the Court as to the outcome of the mediation. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 63 STATUS REPORT filed by Plaintiff Felipe Alvarez. (Bello, Jordan) |
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Filing 62
ORDER RE CASE MANAGEMENT PLAN #61 by Judge Beverly Reid O'Connell. (jloz)
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| Filing 61 STIPULATION for Extension of Time to File as to Order,, #50 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Notice of Motion and Moiton for Summary Judgment, Or, In the Alternative, Partial Summary Judgent #52 , STIPULATION for Order Amend Case Management Plan filed by Plaintiff Felipe Alvarez. (Attachments: #1 Proposed Order Re Case Management Plan)(Bello, Jordan) |
| Filing 60 STATUS REPORT filed by Plaintiff Felipe Alvarez. (Bello, Jordan) |
| Filing 59 NOTICE OF ERRATA filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. correcting NOTICE OF MOTION AND MOTION for Summary Judgment as to Notice of Motion and Moiton for Summary Judgment, Or, In the Alternative, Partial Summary Judgent #52 Exhibit J to Thomas Walters' Declaration in Support of Motion for Summary Judgment (Shadi, Sabrina) |
| Filing 58 NOTICE OF ERRATA filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. correcting NOTICE OF MOTION AND MOTION for Summary Judgment as to Notice of Motion and Moiton for Summary Judgment, Or, In the Alternative, Partial Summary Judgent #52 Correcting attachment 52-1 (Shadi, Sabrina) |
| Filing 57 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Notice of Motion and Moiton for Summary Judgment, Or, In the Alternative, Partial Summary Judgent #52 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Shadi, Sabrina) |
| Filing 56 NOTICE OF LODGING filed (Proposed) Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment as to Notice of Motion and Moiton for Summary Judgment, Or, In the Alternative, Partial Summary Judgent #52 (Shadi, Sabrina) |
| Filing 55 STATEMENT of Uncontested Facts and Conclusions of Law NOTICE OF MOTION AND MOTION for Summary Judgment as to Notice of Motion and Moiton for Summary Judgment, Or, In the Alternative, Partial Summary Judgent #52 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Shadi, Sabrina) |
| Filing 54 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to Notice of Motion and Moiton for Summary Judgment, Or, In the Alternative, Partial Summary Judgent #52 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Shadi, Sabrina) |
| Filing 53 DECLARATION of Declaration of Jim Redington in spport of NOTICE OF MOTION AND MOTION for Summary Judgment as to Notice of Motion and Moiton for Summary Judgment, Or, In the Alternative, Partial Summary Judgent #52 filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Shadi, Sabrina) |
| Filing 52 NOTICE OF MOTION AND MOTION for Summary Judgment as to Notice of Motion and Moiton for Summary Judgment, Or, In the Alternative, Partial Summary Judgent filed by defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. Motion set for hearing on 10/19/2015 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Thomas Walters, #3 Exhibit A-1 to Walters Declaration, #4 Exhibit A-2 to Walters Declaration, #5 Exhibit A-3 to Walters Declaration, #6 Exhibit B to Walters Declaration, #7 Exhibit C-1 to Walters Declaration, #8 Exhibit C-2 to Walters Declaration, #9 Exhibit C-3 to Walters Declaration, #10 Exhibit C-4 to Walters Declaration, #11 Exhibit C-5 to Walters Declaration, #12 Exhibit C-6 to Walters Declaration, #13 Exhibit D and E to Walters Declaration, #14 Exhibit F, G, H and I to Walters Declaration) (Shadi, Sabrina) |
| Filing 51 ANSWER to Second Amended Complaint filed by defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation.(Shadi, Sabrina) |
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Filing 50
ORDER RE CASE MANAGEMENT PLAN by Judge Beverly Reid O'Connell that Defendants' previously-filed Motion for Summary Judgment asserting FAAAA preemption is deemed withdrawn subject to refiling upon leave. Plaintiff's Amended Complaint was filed on May 19, 2015, which Defendants will answer on or before June 5, 2015. On or before July 3, 2015, Defendants shall file Motion(s) for Summary Adjudication on the issues The Parties are required to file a Joint Status Report every 60 days beginning July 10, 2015. (jp)
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| Filing 49 SECOND AMENDED COMPLAINT against Defendants Felipe Alvarez amending Notice of Removal, #1 , filed by Plaintiff Felipe Alvarez (Bello, Jordan) |
| Filing 48 STATUS REPORT filed by Plaintiff Felipe Alvarez. (Bello, Jordan) |
| Filing 47 SCHEDULING NOTICE by Judge Beverly Reid O'Connell. The Court VACATES the Status Conference in this matter. The parties are ORDERED to file a Joint Status Report every 60 days. The First report is to be filed on June 6, 2015. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 46 STATUS REPORT of U.S. Supreme Court's ruling on Dilts v. Penske Logistics LLC's Petition for Writ of Certiorari filed by Plaintiff Felipe Alvarez. (Bello, Jordan) |
| Filing 45 SCHEDULING NOTICE by Judge Beverly Reid O'Connell. The Court, on its own motion and after review of the Joint Status Report continues the Status Conference in this matter to 5/4/2015 at 1:30 PM before Judge Beverly Reid O'Connell. The parties are ORDERED to file a Joint Status Report no later than April 6, 2015.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 44 STATUS REPORT filed by Plaintiff Felipe Alvarez. (Bello, Jordan) |
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Filing 43
ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIALITY FOR THE PURPOSES OF MEDIATION by Magistrate Judge Charles F. Eick re Stipulation for Protective Order #42 . (dml)
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| Filing 42 Joint STIPULATION for Protective Order filed by Defendant YRC Inc.. (Attachments: #1 Proposed Order)(Shadi, Sabrina) |
| Filing 41 STATUS REPORT JOINT filed by Plaintiff Felipe Alvarez. (Bello, Jordan) |
| Filing 40 SCHEDULING NOTICE by Judge Beverly Reid O'Connell. The Court continues the Status Conference in this matter to February 9, 2015 at 1:30 p.m. The parties are ORDERED to file a Joint Status Report every 60 days. The First report is to be filed on November 10, 2014. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 39 STATUS REPORT JOINT STATUS REPORT filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Shadi, Sabrina) |
| Filing 38 SCHEDULING NOTICE by Judge Beverly Reid O'Connell. The Court sets a Status Conference in this matter for 9/22/2014 at 1:30 PM before Judge Beverly Reid O'Connell. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 37 STATUS REPORT Joint Status Report filed by Defendants YRC Inc., YRC Worldwide Inc.. (Rosenthal, Margaret) |
| Filing 36 STATUS REPORT RE: STATUS OF APPEAL OF DILTS V. PENSKE LOGISTICS, LLC, 819 F.SUPP.2D 1109 (S.D. CAL. 2011) filed by Plaintiff Felipe Alvarez. (Bello, Jordan) |
| Filing 35 STATUS REPORT (CORRECTED) RE: STATUS OF APPEAL OF DILTS V. PENSKE LOGISTICS, LLC, 819 F.SUPP.2D 1109 (S.D. CAL. 2011) filed by Plaintiff Felipe Alvarez. (Bello, Jordan) |
| Filing 34 STATUS REPORT RE: STATUS OF APPEAL OF DILTS V. PENSKE LOGISTICS, LLC, 819 F.SUPP.2D 1109 (S.D. CAL. 2011) filed by Plaintiff Felipe Alvarez. (Bello, Jordan) |
| Filing 33 NOTICE of Change of Attorney Business or Contact Information: for attorney Margaret Rosenthal counsel for Defendants YRC Inc., YRC Worldwide Inc.. Changing address to 11601 Wilshire Boulevard, Suite 1400, Los Angeles, CA 90025. Filed by defendants YRC Inc.. (Rosenthal, Margaret) |
| Filing 32 NOTICE of Change of Attorney Business or Contact Information: for attorney Sabrina L Shadi counsel for Defendants YRC Inc., YRC Worldwide Inc.. Changing address to 11601 Wilshire Boulevard, Suite 1400, Los Angeles, CA 90025. Filed by defendant YRC Inc.. (Shadi, Sabrina) |
| Filing 31 NOTICE by Judge Beverly Reid O'Connell. The Court has read and reviewed the JOint Status Report filed on December 3, 2013, docket entry #30 . The Court ORDERS that counsel file status reports every 90 days, the next status report to be filed on or before March 7, 2014. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 30 STATUS REPORT RE: STATUS OF APPEAL OF DILTS V. PENSKE LOGISTICS, LLC, 819 F.SUPP.2D 1109 (S.D. CAL. 2011) filed by Plaintiff Felipe Alvarez. (Bello, Jordan) |
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Filing 29
ORDER by Judge Beverly Reid O'Connell. IT IS HEREBY ORDERED that this action is removed from the Courts active caseload until further application by the parties or Order of this Court. IT IS FURTHER ORDERED that counsel for plaintiff shall file status reports every 90 days, commencing on November 15, 2013. All pending calendar dates are vacated by the Court. This Court retains jurisdiction over this action and this Order shall not prejudice any party to this action. (Made JS-6. Case Terminated.) (rfi)
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| Filing 28 STATUS REPORT (Joint) Re: Status of Appeal of Dilts v. Penske Logistics, LLC, 819 F.Supp.2d 1109 (S.D. Cal. 2011) filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. (Attachments: #1 Exhibit)(Shadi, Sabrina) |
| Filing 27 NOTICE by Judge Beverly Reid O'Connell. The parties are ORDERED to file a Joint Status Report, no later than August 16, 2013, detailing the status of the Ninth Circuit Court of Appeals decision in Dilts vs. Penske Logistics LLC, 819 F. Supp. 2d 1109 (S.D. Cal. 2011) (appealed 4/19/2012, now pending before the Ninth Circuit as Case No. 12-55705. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 26 TEXT ONLY ENTRY (IN CHAMBERS): Judge Beverly Reid O'Connell is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents must be submitted via e-mail to the Judge's Chambers email at BRO_chambers@cacd.uscourts.gov. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents." THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(kd) TEXT ONLY ENTRY |
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Filing 25
ORDER OF THE CHIEF JUDGE (#13-084) approved by Chief Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Beverly Reid O'Connell, this case is transferred from Judge Dale S. Fischer to the calendar of Judge Beverly Reid O'Connell for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 12-01374 BRO(Ex). (rn)
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Filing 24
ORDER REGARDING STAYING THE PENDING ACTION #23 by Judge Dale S. Fischer. (1) The date set for the Motion for Summary Judgment, currently scheduled for 7/16/2012 is hereby VACATED. (2) The entire action is stayed pending the Ninth Circuit Court of Appeals decision in Dilts vs. Penske Logistics LLC, 819 F. Supp. 2d 1109 (S.D. Cal. 2011) (appealed 4/19/2012, now pending before the Ninth Circuit as Case No. 12-55705); and (3) The Parties are ordered to immediately inform this Court of Ninth Circuit Court of Appeals decision in Dilts vs. Penske. (See attached Order for further details). (jp)
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| Filing 23 STIPULATION to Stay Case pending The Ninth Circuit Court of Appeals' Decision in Dilts vs. Penske Logistics, LLC, et al. filed by PLAINTIFF Felipe Alvarez. (Attachments: #1 Proposed Order)(Bello, Jordan) |
| Filing 22 NOTICE of Change of Attorney Information for attorney Joseph Lavi counsel for Plaintiff Felipe Alvarez. Changing address to 8889 W. Olympic Blvd., Suite 200. Changing fax number to 310-432-0000. Filed by Plaintiff Felipe Alvarez (Lavi, Joseph) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06) #20 . The following error(s) was found: Incorrect document is attached to the docket entry. 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. (ak) |
| Filing 20 NOTICE of Change of Attorney Information for attorney Joseph Lavi counsel for Plaintiff Felipe Alvarez. Changing address to 8889 W. Olympic Blvd., Suite 200, Beverly HIlls, CA 90211. Changing fax number to 310-432-0001. Filed by Plaintiff Felipe Alvarez (Lavi, Joseph) |
| Filing 19 NOTICE OF LODGING filed re MOTION for Summary Judgment as to as to all claims asserted by Plaintiff #17 (Attachments: #1 Proposed Judgment)(Shadi, Sabrina) |
| Filing 18 NOTICE OF LODGING filed Unreported Decisions Cited re MOTION for Summary Judgment as to as to all claims asserted by Plaintiff #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Shadi, Sabrina) |
| Filing 17 NOTICE OF MOTION AND MOTION for Summary Judgment as to as to all claims asserted by Plaintiff filed by defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. Motion set for hearing on 7/16/2013 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum of Points and Authorities, #2 Defendants' Proposed Statement of Uncontroverted Facts and Conclusions of Law, #3 Compendium of Evidence)(Shadi, Sabrina) |
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Filing 16
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dale S. Fischer. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 3/5/13. (dp)
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Filing 15
ORDER RE JURY TRIAL by Judge Dale S. Fischer. Set deadlines and hearings: Amended Pleadings due by 12/28/2012. Discovery cut-off 2/1/2013. Motions due by 2/19/2013. Last date to conduct settlement conference is 3/5/2013. Final Pretrial Conference set for 4/29/2013 03:00 PM before Judge Dale S. Fischer. Jury Trial set for 5/28/2013 08:30 AM before Judge Dale S. Fischer. See Order for specifics. (dp)
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| Filing 14 MINUTES OF Scheduling Conference held before Judge Dale S. Fischer. See Minute Order for specifics. Court Reporter: Pamela Batalo. (dp) |
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Filing 13
ORDER RE FEES by Judge Dale S. Fischer. See Order for specifics. (dp)
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| Filing 12 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Plaintiff Felipe Alvarez.. (Bello, Jordan) |
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Filing 11
ORDER by Judge Dale S. Fischer, GRANTING Stipulation to Waive, Stipulation for Extension of Time to File #10 . IT IS HEREBY ORDERED: 1. Defendant shall file its dispositive motion asserting preemption under the FAAAA on or before April 30, 2012; 2. Plaintiff shall file his Opposition to Defendants Motion on or before June 11, 2012; 3. Defendant shall file its Reply on or before June 29, 2012; 4. Plaintiffs Motion for Class Certification must be filed on or before December 17, 2012. (shb)
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| Filing 10 First STIPULATION to Waive Local Rule 23-3, First STIPULATION for Extension of Time to File Motion for Class Certification filed by PLAINTIFF Felipe Alvarez. (Attachments: #1 Proposed Order)(Bello, Jordan) |
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Filing 9
ORDER by Judge Dale S. Fischer: granting #6 Application to Appear Pro Hac Vice by Attorney Gregory V. Mersol on behalf of Defendants, designating Sabrina L. Shadi as local counsel. (lt)
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Filing 8
ORDER by Judge Dale S. Fischer: granting #7 Application to Appear Pro Hac Vice by Attorney Jeffrey T. Williams on behalf of Defendants, designating Sabrina L. Shadi as local counsel. (lt)
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| Filing 7 APPLICATION for attorney Jeffrey T.Williams to Appear Pro Hac Vice. (PHV FEE PAID.) filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. Lodged Application of Non Resident Attorney to Appear in a Specific Case. (lt) |
| Filing 6 APPLICATION for attorney Gregory V. Mersol to Appear Pro Hac Vice. (PHV FEE PAID.) filed by Defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation. Lodged Application of Non Resident Attorney to Appear in a Specific Case. (lt) |
| Filing 5 OF SERVICE filed by defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation, Certificate of Service of Standing Order Assigned to Judge Dale S. Fischer served on February 27, 2012. (Shadi, Sabrina) |
| Filing 4 CERTIFICATE OF SERVICE filed by defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation, of Court Generated Documents Received after filing Removal of Civil Action to Federal Court served on February 17, 2012. (Shadi, Sabrina) |
| TEXT ONLY ENTRY: INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER. The Court refers counsel the Courts Standing Order found on the Courts website under Judge Fischers Procedures and Schedules. Read the Order carefully. It governs this case and differs in some respects from the Local Rules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(vdr) TEXT ONLY ENTRY |
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TEXT ONLY ENTRY: ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Court refers counsel to the Courts Scheduling Conference Order found on the Courts website under Judge Fischers Procedures and Schedules. The Scheduling Conference is set for 4/23/2012 at 11:00 AM. The Joint Report must include the completed Schedule of Pretrial and Trial dates. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(vdr) TEXT ONLY ENTRY
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| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(esa) |
| Filing 2 NOTICE OF INTERESTED PARTIES filed by defendants YRC Inc. (dba YRC Freight), YRC Worldwide Inc., Yellow Roadway Corporation (nka YRC Worldwide Inc.) (esa) (jp). |
| Filing 1 NOTICE OF REMOVAL from the Superior Court of CA, Los Angeles County, case number BC475256 with CONFORMED copies of summons and First Amended Complaint. Case assigned to Judge Dale S. Fischer, discovery to Magistrate Judge Charles F Eick; (Filing fee $ 350 PAID ); filed by defendants YRC Worldwide Inc., Yellow Roadway Corporation, YRC Inc.(esa) (jp). (Additional attachment(s) added on 2/22/2012: #1 Civil Cover Sheet) (jp). |
| COPY OF PROOF OF SERVICE executed by Plaintiff Felipe Alvarez, upon Defendant YRC Inc. Service of the Summons and Complaint were mailed on 1/25/12 and were received on 1/27/12 by CT Corporation, Statutory Agent of Process of Service. Original Summons NOT returned. (esa) |
| COPY OF PROOF OF SERVICE executed by Plaintiff Felipe Alvarez, upon Defendant YRC Worldwide Inc. The Summons and Complaint were mailed on 1/25/2012. Original Summons NOT returned. (esa) |
| COPY OF PROOF OF SERVICE executed by Plaintiff Felipe Alvarez, upon Defendant Yellow Roadway Corporation. Summons and Complaint were mailed. Date not indicated. Original Summons NOT returned. (esa) Modified on 2/22/2012 (esa). |
| CONFORMED COPY OF ANSWER to First Amended Complaint, #1 filed by defendants YRC Inc., YRC Worldwide Inc., Yellow Roadway Corporation.(esa) |
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