Finn Pette et al v. International Union of Operating Engineers
| Anne Brophy, James McLaughlin, John Crooks, Judy McLaughlin, Glenn Szalay, Cheryl Culbreath, Ann Brophy, Daniel Himmelberg, Jay Brophy, Christopher Menor, Linda Pette, Finn Pette, Erik B Smith, Robert Fox, Nye Nelson, Christine Himmelberg and Patrick Adams |
| Cornel Sneekes, Patrick L Sink, Kuba J Brown, Truven Health Analytics, Inc., William C Waggoner, Kenneth Capehart, Louis G Rasetta, Daren Konopaski, Jr James T Kunz, Michael Gallagher, Rodger Kaminska, Russell E Burns, CVS Caremark Corporation, Dennis Lundy, Greg Lalevee, Enrique Alcala, James T Callahan, Daniel J McGraw, Ed Curly, James Zazalli, Does 2 through 100 inclusive, James Van Dyke, Vince Giblin, Randy Henningfield, Richard Griffin, Able Engineering Services, John T Ahern, Chris Brown, Sandra Acosta, Terrance E McGowan, Jerry Kalmar, Michael Russell, Trivantage Pharmacy Strategies, LLC, Paul Bensi, James M Sweeney, Lewis Levy, Bruce Moffatt, Robert T Heenan, ABM Engineering Services, Brian E Hickey, Michael R Fanning, John M Holliday, International Union of Operating Engineers, Cynthia Escanuelas, Jim Scranton and Cornell Sneaks |
| 2:2012cv09324 |
| October 30, 2012 |
| U.S. District Court for the Central District of California |
| Victor B Kenton |
| Dean D Pregerson |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 |
| Plaintiff |
Docket Report
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Filing 256
ORDER GRANTING MOTIONS TO DISMISS #212 , #213 , #214 , #215 , #216 , #217 , #218 , #219 , #220 . The Fifth Amended Complaint is DISMISSED, with prejudice by Judge Dean D. Pregerson (Made JS-6. Case Terminated.) (lc). Modified on 9/2/2016 (lc).
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| Filing 255 NOTICE of Change of address by James Mark Moore attorney for Plaintiffs Patrick Adams, Daniel Himmelberg, James McLaughlin, Christopher Menor, Finn Pette, Erik B Smith, Glenn Szalay. Changing attorneys address to 578 Washington Blvd., #812, Marina Del Rey, CA 90292. Filed by Plaintiffs Patrick Adams, Daniel Himmelberg, James McLaughlin, Christopher Menor, Finn Pette, Erik B Smith, Glenn Szalay. (Moore, James) |
| Filing 254 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED the two requests filed by Kathryn M. Jackson to Withdraw as Attorney, docket numbers #249 , and #251 , have been vacated and deemed moot pursuant to Notice of Appearance and Withdrawal, filed April 20, 2016. (lc) |
| Filing 253 Notice of Appearance or Withdrawal of Counsel: for attorney Linh Hua counsel for Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. Linh Hua is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Pette, et al. (Hua, Linh) |
| Filing 252 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph Charles Faucher counsel for Defendant Ed Curly. Filed by Defendant Ed Curly. (Faucher, Joseph) |
| Filing 251 REQUEST of Kathryn M. Jackson to Withdraw as Attorney filed by Defendant Ed Curly. (Attachments: #1 Proposed Order) (Jackson, Kathryn) |
| Filing 250 NOTICE OF ERRATA filed by Defendant Ed Curly. correcting REQUEST of Kathryn M. Jackson to Withdraw as Attorney #249 (Jackson, Kathryn) |
| Filing 249 REQUEST of Kathryn M. Jackson to Withdraw as Attorney filed by Defendant Ed Curly. (Attachments: #1 Proposed Order) (Jackson, Kathryn) |
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Filing 248
MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson:COUNSEL ARE NOTIFIED that the document entitled Motion to Withdraw Appearance of Kathryn M. Jackson, filed on April 11, 2016, docket number #246 was filed incorrectly FOR THE REASON(S) AS SET FORTH IN THE NOTICE TO FILER OF DEFICIENCIES (DOCKET NUMBER 247) and therefore ordered STRICKEN from the docket. Counsel shall review the filing procedures and refile the document forthwith. (lc)
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| Filing 247 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #246 . pdf is a "MOTION" to withdraw appearance of attorney, however reads as a request to withdraw from case, wherein other attorneys remain. The following error(s) was found: As a motion Hearing information is missing. Incorrect event selected. If a Motion The correct event is: Motion: withdraw as attorney, set date time and select Judge; OR if a request: Request: order. 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. (lc) |
| Filing 246 NOTICE MOTION TO WITHDRAW APPEARANCE OF KATHRYN M. JACKSON filed by Defendant Ed Curly. (Attachments: #1 Proposed Order)(Jackson, Kathryn) Modified on 4/12/2016 (lc). (STRICKEN PER 4/12/16 MINUTES). |
| Filing 245 NOTICE of Change of Attorney Business or Contact Information: for attorney Joseph Charles Faucher counsel for Defendant Ed Curly. Changing Firm Name and Address to Trucker Huss, One Embarcadero Center, 12th Fl., San Francisco, CA 94111. Changing e-mail and fax number to [email protected]; 415-421-2017. Filed by Defendant Ed Curly. (Faucher, Joseph) |
| Filing 244 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson: RE: MOTION TO DISMISS PLAINTIFFS' FIFTH AMENDED COMPLAINT FILED BY DEFENDANT ED CURLY. #212 ;MOTION TO DISMISS CLAIMS III, VI AND VII FROM PLAINTIFFS' FIFTH AMENDED COMPLAINT BY DEFENDANT ABLE ENGINEERING SERVICES AND MEMORANDUM OF POINTS AND AUTHORITIES FILED BY DEFENDANT ABLE ENGINEERING SERVICES. #213 ; MOTION FOR JOINDER IN NOTICE OF MOTION AND MOTION TO DISMISS CLAIMS III, VI AND VII FROM PLAINTIFFS' FIFTH AMENDED COMPLAINT BY DEFENDANT ABLE ENGINEERING SERVICES AND MEMORANDUM OF POINTS AND AUTHORITIES 213 FILED BY DEFENDANT ABM ENGINEERINGSERVICES #214 ; MOTION FOR JOINDER IN NOTICE OF MOTION AND MOTION TO DISMISSPLAINTIFFS' FIFTH AMENDED COMPLAINT 212 FILED BY DEFENDANTS ABM ENGINEERING SERVICES, JIM SCRANTON, CORNEL SNEEKES. #215 . MOTION TO DISMISS CLAIMS I, II, IV AND V FROM PLAINTIFFS' FIFTH AMENDED COMPLAINT BY DEFENDANT PAUL BENSI AND MEMORANDUM OF POINTS AND AUTHORITIES FILED BY DEFENDANT PAUL BENSI. #216 ; MOTION FOR JOINDER IN NOTICE OF MOTION AND MOTION TO DISMISS CLAIMS I, II, IV AND V FROM PLAINTIFFS' FIFTH AMENDED COMPLAINT BY DEFENDANT PAUL BENSI AND MEMORANDUM OF POINTS AND AUTHORITIES 216 FILED BY DEFENDANTS JIM SCRANTON, CORNEL SNEEKES. #217 ; MOTION TO DISMISS CLAIMS I, II, IV AND V FROM PLAINTIFFS' FIFTH AMENDED COMPLAINT BY DEFENDANT PAUL BENSI AND MEMORANDUMOF POINTS AND AUTHORITIES 216, NOTICE OF MOTION AND MOTION TODISMISS PLAINTIFFS' FIFTH AMENDED COMPLAINT 212 FILED BY DEFENDANT ED CURLY FILED BY DEFENDANT ABLE ENGINEERING SERVICES. #218 ; MOTION TO DISMISS CLAIMS III, VI AND VII FROM PLAINTIFFS' FIFTH AMENDED COMPLAINT BY DEFENDANT ABLE ENGINEERING SERVICES AND MEMORANDUM OF POINTS AND AUTHORITIES 213, NOTICE OFMOTION AND MOTION TO DISMISS PLAINTIFFS' FIFTH AMENDED COMPLAINT 212 FILED BY DEFENDANT ED CURLY FILED BY DEFENDANT PAUL BENSI #219 ; JOINDER BY DEFENDANT ED CURLY IN MOTIONS BY DEFENDANTS ABLE ENGINEERING SERVICES AND PAUL BENSI TO DISMISS PLAINTIFFS FIFTH AMENDED COMPLAINT #220 . Court hears oral argument and takes the matter under submission.Court Reporter: Maria Bustillos. (lc) |
| Filing 243 NOTICE of Change of Attorney Business or Contact Information: for attorney James Mark Moore counsel for Plaintiff Finn Pette. Changing Address and firm name to Law Offices of J. Mark Moore, 6800 Owensmouth Avenue, Suite 310, Canoga Park, CA 91303. Filed by Plaintiffs Finn Pette, et al. (Moore, James) |
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Filing 242
ORDER CONTINUING HEARINGON MOTIONS TO DISMISS #238 by Judge Dean D. Pregerson. IT IS HEREBY ORDERED that the hearing on the several motions to dismiss [LISTED BELOW] set to be heard on this matter on January 25, 2016 shall be continued to February 8, 2016 10:00 a.m. Re docket number #212 , #213 , #214 , #215 , #216 , #217 , #218 . #219 , #220 . (lom)
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| Filing 241 Notice of Appearance or Withdrawal of Counsel: for attorney Fawn Ayres Schanz counsel for Defendant Truven Health Analytics, Inc.. Fawn A. Schanz will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant Truven health Analytics, Inc.. (Schanz, Fawn) |
| Filing 240 Notice of Appearance or Withdrawal of Counsel: for attorney James H Turken counsel for Defendant Truven Health Analytics, Inc.. James H. Turken will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant Truven Health Analytics, Inc.. (Turken, James) |
| Filing 239 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph Charles Faucher counsel for Defendant Ed Curly. Adding Kathryn M. Jackson as counsel of record for Ed Curly for the reason indicated in the G-123 Notice. Filed by Defendant Ed Curly. (Faucher, Joseph) |
| Filing 238 STIPULATION to Continue Motions to Dismiss Fifth Amended Complaint from January 25, 2016 to February 8, 2016 filed by Defendant Ed Curly. (Attachments: #1 Proposed Order)(Faucher, Joseph) |
| Filing 237 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Bensi Motion Related Document,,, #234 . The following error(s) was found: Incorrect event selected. The correct event is: Joinder (motion related. 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. (lc) |
| Filing 236 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:Able Engineering Motion Related Document, #233 . The following error(s) was found: Incorrect event selected. The correct event is: Joinder (motion related. 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. (lc) |
| Filing 235 REPLY Opposition to Motion to Dismiss Fifth Amended Complaint -- NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Fifth Amended Complaint #212 filed by Defendant Ed Curly. (Faucher, Joseph) |
| Filing 234 NOTICE OF JOINDER BY DEFENDANT PAUL BENSI TO REPLY FILED BY DEFENDANT EDWARD CURLY TO PLAINTIFFS OPPOSITION TO HIS MOTION TO DISMISS CLAIMS I, II, IV AND V FROM PLAINTIFFS FIFTH AMENDED COMPLAINT AND TO JOIN IN REPLY FILED BY DEFENDANT ABLE ENGINEERING SERVICES TO PLAINTIFFS OPPOSITION TO ITS MOTION TO DISMISS CLAIMS III, VI AND VII re NOTICE OF MOTION AND MOTION to Dismiss Claims I, II, IV and V from Plaintiffs' Fifth Amended complaint by Defendant Paul Bensi and Memorandum of Points and Authorities #216 , NOTICE OF MOTION AND MOTION to Dismiss Claims III, VI and VII from Plaintiffs' Fifth Amended Complaint by Defendant Able Engineering Services And Memorandum of Points and Authorities #213 filed by Defendant Paul Bensi. (Thompson, Charles) |
| Filing 233 NOTICE OF JOINDER BY DEFENDANT ABLE ENGINEERING SERVICES TO REPLIES FILED BY DEFENDANTS PAUL BENSI AND EDWARD CURLY re NOTICE OF MOTION AND MOTION to Dismiss Claims I, II, IV and V from Plaintiffs' Fifth Amended complaint by Defendant Paul Bensi and Memorandum of Points and Authorities #216 filed by Defendant Able Engineering Services. (Thompson, Charles) |
| Filing 232 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Claims III, VI and VII from Plaintiffs' Fifth Amended Complaint by Defendant Able Engineering Services And Memorandum of Points and Authorities #213 filed by Defendant Able Engineering Services. (Thompson, Charles) |
| Filing 231 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Claims I, II, IV and V from Plaintiffs' Fifth Amended complaint by Defendant Paul Bensi and Memorandum of Points and Authorities #216 filed by Defendant Paul Bensi. (Thompson, Charles) |
| Filing 230 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Fifth Amended Complaint #212 filed by Defendants ABM Engineering Services, Jim Scranton, Cornel Sneekes. (Wilson, Kurt) |
| Filing 229 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Claims I, II, IV and V from Plaintiffs' Fifth Amended complaint by Defendant Paul Bensi and Memorandum of Points and Authorities #216 filed by Defendants Jim Scranton, Cornel Sneekes. (Wilson, Kurt) |
| Filing 228 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Claims III, VI and VII from Plaintiffs' Fifth Amended Complaint by Defendant Able Engineering Services And Memorandum of Points and Authorities #213 filed by Defendant ABM Engineering Services. (Wilson, Kurt) |
| Filing 227 OPPOSITION to NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Fifth Amended Complaint #212 #215 filed by Plaintiffs Patrick Adams, Daniel Himmelberg, James McLaughlin, Finn Pette, Erik B Smith, Glenn Szalay. (Leviant, Howard) |
| Filing 226 OPPOSITION to NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss Claims I, II, IV and V from Plaintiffs' Fifth Amended complaint by Defendant Paul Bensi and Memorandum of Points and Authorities #216 #217 filed by Plaintiffs Patrick Adams, Daniel Himmelberg, James McLaughlin, Christopher Menor, Finn Pette, Erik B Smith, Glenn Szalay. (Leviant, Howard) |
| Filing 225 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Fifth Amended Complaint #212 filed by Plaintiffs Patrick Adams, Daniel Himmelberg, James McLaughlin, Christopher Menor, Finn Pette, Erik B Smith, Glenn Szalay. (Leviant, Howard) |
| Filing 224 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Claims I, II, IV and V from Plaintiffs' Fifth Amended complaint by Defendant Paul Bensi and Memorandum of Points and Authorities #216 filed by Plaintiffs Patrick Adams, Daniel Himmelberg, James McLaughlin, Christopher Menor, Finn Pette, Erik B Smith, Glenn Szalay. (Leviant, Howard) |
| Filing 223 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Claims III, VI and VII from Plaintiffs' Fifth Amended Complaint by Defendant Able Engineering Services And Memorandum of Points and Authorities #213 filed by Plaintiffs Patrick Adams, Daniel Himmelberg, James McLaughlin, Christopher Menor, Finn Pette, Erik B Smith, Glenn Szalay. (Leviant, Howard) |
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Filing 222
ORDER by Judge Dean D. Pregerson: granting #221 Ira Spiro REQUEST to Withdraw as Attorney of record (inasmuch as Howard Scott Leviant and Jeffrey K. Berns of Berns Weiss LLP will continue to represent Plaintiffs Finn Pette, James McLaughlin, Daniel Himmelberg, Glenn Szalay, Jay Brophy, Anne Brophy. CherylCulbreath, Robert Fox, John Crooks, Nye Nelson, Linda Pette, Judy McLaughlin, Christine Himmelberg, Erik B. Smith, Christopher Menor, Patrick Adams in this case. (lc)
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| Filing 221 REQUEST of Ira Spiro to Withdraw as Attorney filed by plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Attachments: #1 Proposed Order) (Spiro, Ira) |
| Filing 220 NOTICE filed by Defendant Ed Curly. NOTICE OF JOINDER BY DEFENDANT ED CURLY IN MOTIONS BY DEFENDANTS ABLE ENGINEERING SERVICES AND PAUL BENSI TO DISMISS PLAINTIFFS FIFTH AMENDED COMPLAINT (Faucher, Joseph) Modified on 1/20/2016 (lom). |
| Filing 219 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Claims III, VI and VII from Plaintiffs' Fifth Amended Complaint by Defendant Able Engineering Services And Memorandum of Points and Authorities #213 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Fifth Amended Complaint #212 filed by Defendant Ed Curly filed by Defendant Paul Bensi. (Thompson, Charles) Modified on 1/20/2016 (lom). |
| Filing 218 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Claims I, II, IV and V from Plaintiffs' Fifth Amended complaint by Defendant Paul Bensi and Memorandum of Points and Authorities #216 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Fifth Amended Complaint #212 filed by Defendant Ed Curly filed by Defendant Able Engineering Services. (Thompson, Charles) Modified on 1/20/2016 (lom). |
| Filing 217 NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss Claims I, II, IV and V from Plaintiffs' Fifth Amended complaint by Defendant Paul Bensi and Memorandum of Points and Authorities #216 filed by Defendants Jim Scranton, Cornel Sneekes. Motion set for hearing on 1/25/2016 at 10:00 AM before Judge Dean D. Pregerson. (Wilson, Kurt) |
| Filing 216 NOTICE OF MOTION AND MOTION to Dismiss Claims I, II, IV and V from Plaintiffs' Fifth Amended complaint by Defendant Paul Bensi and Memorandum of Points and Authorities filed by Defendant Paul Bensi. Motion set for hearing on 1/25/2016 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Exhibit Part 1 of 2: Exhibit A to Notice of Motion and Motion to Dismiss Claims I, II, IV and V from Plaintiffs' Fifth Amended Complaint by Defendant Paul Bensi and Memorandum of Points and Authorities, #2 Exhibit Part 2 of 2: Exhibit A to Notice of Motion to Dismiss Claims I, II, IV and V from Plaintiffs' Fifth Amended Complaint by Defendant Paul Bensi and Memorandum of Points and Authorities) (Thompson, Charles) |
| Filing 215 NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Fifth Amended Complaint #212 filed by Defendants ABM Engineering Services, Jim Scranton, Cornel Sneekes. Motion set for hearing on 1/25/2016 at 10:00 AM before Judge Dean D. Pregerson. (Wilson, Kurt) |
| Filing 214 NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss Claims III, VI and VII from Plaintiffs' Fifth Amended Complaint by Defendant Able Engineering Services And Memorandum of Points and Authorities #213 filed by Defendant ABM Engineering Services. Motion set for hearing on 1/25/2016 at 10:00 AM before Judge Dean D. Pregerson. (Wilson, Kurt) |
| Filing 213 NOTICE OF MOTION AND MOTION to Dismiss Claims III, VI and VII from Plaintiffs' Fifth Amended Complaint by Defendant Able Engineering Services And Memorandum of Points and Authorities filed by Defendant Able Engineering Services. Motion set for hearing on 1/25/2016 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Exhibit Part 1 of 2: Exhibit A to Notice of Motion and Motion to Dismiss Claims III, VI and VII from Plaintiffs' Fifth Amended Complaint by Defendant Able Engineering Services and Memorandum of Points and Authorities, #2 Exhibit Part 2 of 2: Exhibit A to Notice of Motoin and Motion to Dismiss Claims III, VI and VII from Plaintiffs' Fifth Amended Complaint by Defendant Able Engineering Services and Memorandum of Points and Authorities) (Thompson, Charles) |
| Filing 212 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Fifth Amended Complaint filed by Defendant Ed Curly. Motion set for hearing on 1/25/2016 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Memorandum, #2 Declaration Ed Curly, #3 Proposed Order) (Faucher, Joseph) |
| Filing 211 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Deficiency in Electronically Filed Documents (G-112A) re case closed #210 was issued in error. Case was closed in error. Statisical adjustment reopening case was made this date. (lc) |
| Filing 210 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition, #209 . The following error(s) was found: Case is CLOSED.Leave of court required for filing. 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. (lc) |
| Filing 209 Fifth AMENDED COMPLAINT against Defendants ABM Engineering Services, Able Engineering Services, Paul Bensi, Ed Curly, Jim Scranton, Cornel Sneekes amending Amended Complaint/Petition,, #189 , filed by Plaintiffs Daniel Himmelberg, Finn Pette, Christopher Menor, Glenn Szalay, Patrick Adams, Erik B Smith, James McLaughlin(Leviant, Howard) |
| Filing 208 NOTICE of Change of address by Albert G Lum attorney for Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. Changing attorneys address to 6800 Owensmouth Avenue., Suite 310 Canoga Park, CA 91303. Filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Lum, Albert) |
| Filing 207 NOTICE of Change of address by Jeffrey K Berns attorney for Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. Changing attorneys address to 6800 Owensmouth Avenue., Suite 310 Canoga Park, CA 91303. Filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Berns, Jeffrey) |
| Filing 206 JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(B) by Judge Dean D. Pregerson: Judgment is hereby entered in favor of Defendants International Union of Operating Engineers, James T. Callahan, Brian E. Hickey, William C. Waggoner, Patrick L. Sink, Jerry Kalmar, Russell E. Burns, Rodger Kaminska, James M. Sweeney, Robert T. Heenan, Daniel J. McGraw, Daren Konopaski, Michael Gallagher, Greg Lalevee, Terrance E. McGowan, Louis G. Rasetta, Vincent Giblin, James Van Dyke, John T. Ahern, John M. Holliday, Kuba J. Brown, Bruce Moffatt, James T. Kunz, Jr., James Zazzali, and Michael R. Fanning. (MD JS-6, Case Terminated). (lc) |
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Filing 205
ORDER GRANTING FEDERAL RULE OF CIVIL PROCEDURE 54(B) JUDGMENT #204 by Judge Dean D. Pregerson (lc)
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| Filing 204 STIPULATION for Judgment as to FEDERAL RULE OF CIVIL PROCEDURE 54(B) filed by Defendants John T Ahern, Kuba J Brown, Russell E Burns, James T Callahan, James Van Dyke, Michael R Fanning, Michael Gallagher, Vince Giblin, Robert T Heenan, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Patrick L Sink, James M Sweeney, James Zazalli. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING FEDERAL RULE OF CIVIL PROCEDURE 54(B) JUDGMENT, #2 [PROPOSED] JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(B))(Leyton, Stacey) |
| Filing 203 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) #202 . The following error(s) was found: Incorrect event selected. 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 202 (Petersen, Jason) |
| Filing 201 Notice of Appearance or Withdrawal of Counsel: for attorney Rachel A Deutsch counsel for Defendant Richard Griffin. Rachel A. Deutsch will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Rachel A. Deutsch is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Richard Griffin. (Deutsch, Rachel) |
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Filing 200
ORDER REGARDING STIPULATION BETWEEN PLAINTIFFS AND DEFENDANTS REGARDING CASEMANAGEMENT AND THE FILING OF A FIFTH AMENDED CLASS ACTION COMPLAINT #199 by Judge Dean D. Pregerson: 1. By September 8, 2015, Plaintiffs will provide a draft Fifth Amended Complaint to Defendants; 2. By no later than September 18, 2015, the Parties will confer regarding any pleading challenges Defendants may still believe are appropriate with respect to the draft Fifth Amended Complaint; 3. By no later than September 25, 2015, Plaintiffs will file their Fifth Amended Complaint; 4. Defendants responses to the Fifth Amended Complaint will be filed by October 30, 2015; 5. In the event any Motions to Dismiss are filed, Plaintiffs oppositions to such motions will be filed by December 4, 2015, and Defendants replies will be filed by December 22, 2015; 6. The hearing of any Motions to Dismiss would be set no sooner than 21 days after the filing of the last reply brief, and Defendants will coordinate the selection of a hearing date to ensure that it is convenient to all Parties and that all Motions to Dismiss will be set for hearing on the same day. (lc)
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| Filing 199 Joint STIPULATION to AMEND Amended Complaint/Petition,, #189 filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Attachments: #1 Proposed Order)(Leviant, Howard) |
| Filing 198 NOTICE of Appearance filed by attorney Stephen P Berzon on behalf of Defendant Paul Bensi (Attorney Stephen P Berzon added to party Paul Bensi(pty:dft))(Berzon, Stephen) |
| Filing 197 NOTICE of Appearance filed by attorney Jonathan David Weissglass on behalf of Defendant Paul Bensi (Attorney Jonathan David Weissglass added to party Paul Bensi(pty:dft))(Weissglass, Jonathan) |
| Filing 196 NOTICE of Appearance filed by attorney Stacey M Leyton on behalf of Defendant Paul Bensi (Attorney Stacey M Leyton added to party Paul Bensi(pty:dft))(Leyton, Stacey) |
| Filing 195 Notice of Appearance or Withdrawal of Counsel: for attorney Laura S Trice counsel for Defendants John T Ahern, Kuba J Brown, Russell E Burns, James T Callahan, Michael R Fanning, Michael Gallagher, Vince Giblin, Robert T Heenan, Brian E Hickey, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, James T Kunz, Greg Lalevee, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Patrick L Sink, James M Sweeney, William C Waggoner, James Zazalli. Laura S. Trice is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant International Union of Operating Engineers. (Trice, Laura) |
| Filing 194 Notice of Electronic Filing re Stipulation to Dismiss Party #190 , Stipulation to Dismiss Party #191 , Order #192 , Order #193 e-mailed to Attorney Rachel A Deutsch at [email protected] bounced due to invalid email. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY |
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Filing 193
ORDER by Judge Dean D. Pregerson, re Stipulation to Dismiss Party, #191 . Defendants JAMES T. CALLAHAN, BRIAN E. HICKEY, and TERRANCE E. MCGOWAN dismissed from the action. 1. All claims asserted by all Plaintiffs, in their individual capacities, against the Stipulating Defendants are dismissed with prejudice. 2. All class claims alleged on behalf of the putative class are dismissed against the Stipulating Defendants without prejudice. 3. The Parties to this Stipulation shall bear their own fees and costs as to the claims brought by Plaintiffs against the Stipulating Defendants. Terrance E McGowan (an individual), James T Callahan (an individual), and Brian E Hickey (an individual) terminated. (shb)
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Filing 192
ORDER REGARDING STIPULATION BETWEEN PLAINTIFFS AND DEFENDANT CAPEHART TO DISMISSDEFENDANT CAPEHART FROM THE ACTION #190 by Judge Dean D. Pregerson, (lc)
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| Filing 191 STIPULATION to Dismiss Defendants James T Callahan, Brian E Hickey, Terrance E McGowan filed by Plaintiffs Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin. (Attachments: #1 Proposed Order)(Leviant, Howard) |
| Filing 190 STIPULATION to Dismiss Defendant Kenneth Capehart filed by Plaintiffs Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath. (Attachments: #1 Proposed Order)(Leviant, Howard) |
| Filing 189 Fourth AMENDED COMPLAINT against Defendants ABM Engineering Services, Able Engineering Services, Paul Bensi, James T Callahan, Kenneth Capehart, Ed Curly, Brian E Hickey, Terrance E McGowan, Jim Scranton, Cornel Sneekes amending Amended Complaint,,,,, #49 , Amended Complaint,,,, #157 , Complaint - (Discovery),,, #1 , filed by Plaintiffs Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin (Weiss, Lee) |
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Filing 188
ORDER by Judge Dean D. Pregerson, re Stipulation to File a Fourth Amended Complaint and to Dismiss Party, #186 . IT IS HEREBY ORDERED THAT the parties Stipulation is APPROVED. IT IS FURTHER ORDERED THAT Plaintiffs shall file the Fourth Amended Class Action Complaint (4thAC) within seven days of the entry of this Order. IT IS FURTHER ORDERED THAT Sandra Acosta is dismissed from thisputative class action by the Plaintiffs without prejudice (and without prejudiceby the unnamed putative class members who Plaintiffs seek to represent)., Sandra Acosta (an individual) terminated. (shb)
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Filing 187
ORDER by Judge Dean D. Pregerson, GRANTING Stipulation to File Fourth Amended Complaint and to Dismiss Parties, #185 . IT IS HEREBY ORDERED THAT the parties Stipulation is APPROVED. IT IS FURTHER ORDERED THAT Plaintiffs shall file the Fourth Amended Class Action Complaint (4thAC) within seven days of the entry of this Order. IT IS FURTHER ORDERED THAT the following defendants who were named in prior complaints but who are not named as defendants in the 4th AC (John Ahern, Enrique Alcala, Michael Russell, Kuba Brown, Russell Burns,CVS Caremark Corporation, Michael R. Fanning, Michael Gallagher, Vince Giblin, Robert T. Heenan, Randy Henningfield, John M. Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminski, James T. Kunz, Jr., Daren Konopaski, Greg Lalevee, Dennis Lundy, Daniel J. McGraw, Bruce Moffat, Louis G. Rasetta, Patrick Sink, James Sweeney, Trivantage Pharmacy Strategies, Truven Health Analytics, Inc., James Van Dyke, William Waggoner, James Zazzali, collectively the Dismissed Defendants) are hereby dismissed from this putative class action by the Plaintiffs with prejudice (and without prejudice by the unnamed putative class members who Plaintiffs seek to represent), and, further, that Plaintiffs and the Dismissed Defendants mutually waive any rights to seek recovery of any attorneys fees or costs in connection with this matter. Parties terminated. (shb)
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| Filing 186 STIPULATION to AMEND Amended Complaint,,,, #157 , STIPULATION to Dismiss Defendant Sandra Acosta filed by Plaintiffs Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin. (Attachments: #1 Proposed Order)(Leviant, Howard) |
| Filing 185 STIPULATION to AMEND Amended Complaint,,,, #157 , STIPULATION to Dismiss Defendants John T Ahern, Enrique Alcala, Kuba J Brown, Russell E Burns, CVS Caremark Corporation, James Van Dyke, Michael R Fanning, Michael Gallagher, Vince Giblin, Robert T Heenan, Randy Henningfield, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Dennis Lundy, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Michael Russell, Patrick L Sink, James M Sweeney, Trivantage Pharmacy Strategies, LLC, Truven Health Analytics, Inc., William C Waggoner, James Zazalli filed by Plaintiffs Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin. (Attachments: #1 Proposed Order Proposed Order)(Leviant, Howard) |
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Filing 184
ORDER REGARDING STIPULATION BETWEEN PLAINTIFFS AND DEFENDANTS SETTING A CASEMANAGEMENT SCHEDULE RELATED TO PLAINTIFFS PROPOSED FOURTH AMENDED COMPLAINT (SEE DOCUMENT FOR DETAILED SPECIFICS THEREIN) #183 by Judge Dean D. Pregerson (lc)
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| Filing 183 STIPULATION for Extension of Time to File Answer to [a date to be determined based on future events, including the potential filing of a Fourth Amended Complaint] re Amended Complaint,,,, #157 filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Attachments: #1 Proposed Order)(Leviant, Howard) |
| Filing 182 MINUTES (IN CHAMBERS): by Judge Dean D. Pregerson. Plaintiffs' Motion for Reconsideration #155 is DENIED. Plaintiffs raise arguments that could have been, but were not, raised earlier. See Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000); C.D. Cal. L.R. 7-18; See also Salas v. IUOE, CV 12-10506-DD-VBK, Dkt. 249 (dismissing RICO claims on the merits). (lom) |
| Filing 181 NOTICE of Decision: NOTICE OF SUBMISSION OF NEWLY ISSUED DECISIONS filed by Defendants John T Ahern, Kuba J Brown, Russell E Burns, James T Callahan, Michael R Fanning, Vince Giblin, Robert T Heenan, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Patrick L Sink, James M Sweeney, William C Waggoner, James Zazalli. (Attachments: #1 Exhibit A, #2 Exhibit B)(Leyton, Stacey) |
| Filing 180 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, upon Defendant Kenneth Capehart acknowledgment sent by Plaintiff on 1/31/2014, answer due 2/21/2014. Acknowledgment of Service signed by Steven J. Kaplan, Attorney Authorized to accept service. (Lum, Albert) |
| Filing 179 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph Charles Faucher counsel for Defendants Ed Curly, Michael Russell. Filed by Defendants Ed Curly, Mike Russell (an indvidual terminated 10/23/14). Ryan R. Salsig is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. (Faucher, Joseph) |
| Filing 178 Notice of Appearance or Withdrawal of Counsel: for attorney Mary R Conklin counsel for Defendant CVS Caremark Corporation. Mary R. Conklin is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant CVS Caremark Corporation. (Conklin, Mary) |
| Filing 177 Notice of Appearance or Withdrawal of Counsel: for attorney Kimberly Ann Klinsport counsel for Defendant CVS Caremark Corporation. Adding Kimberly A. Klinsport as attorney as counsel of record for CVS Caremark Corporation for the reason indicated in the G-123 Notice. Filed by Defendant CVS Caremark Corporation. (Attorney Kimberly Ann Klinsport added to party CVS Caremark Corporation(pty:dft))(Klinsport, Kimberly) |
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Filing 176
ORDER DISMISSING DEFENDANT LEWIS N. LEVY #174 . Named Plaintiffs and Defendant Lewis N. Levy shall each bear their own costs and attorneys fees incurred in connection with this action. by Judge Dean D. Pregerson (lc)
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| Filing 175 NOTICE of Appearance filed by attorney Linh Hua on behalf of Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay (Attorney Linh Hua added to party Patrick Adams(pty:pla), Attorney Linh Hua added to party Anne Brophy(pty:pla), Attorney Linh Hua added to party Jay Brophy(pty:pla), Attorney Linh Hua added to party John Crooks(pty:pla), Attorney Linh Hua added to party Robert Fox(pty:pla), Attorney Linh Hua added to party Christine Himmelberg(pty:pla), Attorney Linh Hua added to party Daniel Himmelberg(pty:pla), Attorney Linh Hua added to party James McLaughlin(pty:pla), Attorney Linh Hua added to party Judy McLaughlin(pty:pla), Attorney Linh Hua added to party Christopher Menor(pty:pla), Attorney Linh Hua added to party Nye Nelson(pty:pla), Attorney Linh Hua added to party Finn Pette(pty:pla), Attorney Linh Hua added to party Linda Pette(pty:pla), Attorney Linh Hua added to party Erik B Smith(pty:pla), Attorney Linh Hua added to party Glenn Szalay(pty:pla))(Hua, Linh) |
| Filing 174 STIPULATION to Dismiss Defendant Lewis Levy filed by Defendant Lewis Levy. (Attachments: #1 Proposed Order, #2 Certificate Service)(Petersen, Jason) |
| Filing 173 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph Charles Faucher counsel for Defendants Ed Curly, Michael Russell. Michael A. Vanic is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Mike Russel and Ed Curly. (Faucher, Joseph) |
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Filing 172
ORDER by Judge Dean D. Pregerson: granting #171 Application to Appear Pro Hac Vice by Attorney Lee A. Weiss on behalf of Plaintiffs, designating Jeffrey K. Berns as local counsel. (lt)
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| Filing 171 APPLICATION for to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-13059871 paid.) filed by Plaintiff Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Attachments: #1 Proposed Order)(Berns, Jeffrey) |
| Filing 170 NOTICE of Appearance filed by attorney Albert G Lum on behalf of Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay (Attorney Albert G Lum added to party Patrick Adams(pty:pla), Attorney Albert G Lum added to party Anne Brophy(pty:pla), Attorney Albert G Lum added to party Jay Brophy(pty:pla), Attorney Albert G Lum added to party John Crooks(pty:pla), Attorney Albert G Lum added to party Robert Fox(pty:pla), Attorney Albert G Lum added to party Christine Himmelberg(pty:pla), Attorney Albert G Lum added to party Daniel Himmelberg(pty:pla), Attorney Albert G Lum added to party James McLaughlin(pty:pla), Attorney Albert G Lum added to party Judy McLaughlin(pty:pla), Attorney Albert G Lum added to party Christopher Menor(pty:pla), Attorney Albert G Lum added to party Nye Nelson(pty:pla), Attorney Albert G Lum added to party Finn Pette(pty:pla), Attorney Albert G Lum added to party Linda Pette(pty:pla), Attorney Albert G Lum added to party Erik B Smith(pty:pla), Attorney Albert G Lum added to party Glenn Szalay(pty:pla))(Lum, Albert) |
| Filing 169 NOTICE of Appearance filed by attorney Jeffrey K Berns on behalf of Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay (Attorney Jeffrey K Berns added to party Patrick Adams(pty:pla), Attorney Jeffrey K Berns added to party Anne Brophy(pty:pla), Attorney Jeffrey K Berns added to party Jay Brophy(pty:pla), Attorney Jeffrey K Berns added to party John Crooks(pty:pla), Attorney Jeffrey K Berns added to party Robert Fox(pty:pla), Attorney Jeffrey K Berns added to party Christine Himmelberg(pty:pla), Attorney Jeffrey K Berns added to party Daniel Himmelberg(pty:pla), Attorney Jeffrey K Berns added to party James McLaughlin(pty:pla), Attorney Jeffrey K Berns added to party Judy McLaughlin(pty:pla), Attorney Jeffrey K Berns added to party Christopher Menor(pty:pla), Attorney Jeffrey K Berns added to party Nye Nelson(pty:pla), Attorney Jeffrey K Berns added to party Finn Pette(pty:pla), Attorney Jeffrey K Berns added to party Linda Pette(pty:pla), Attorney Jeffrey K Berns added to party Erik B Smith(pty:pla), Attorney Jeffrey K Berns added to party Glenn Szalay(pty:pla))(Berns, Jeffrey) |
| Filing 168 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION FOR RECONSIDERATION #155 set for November 18, 2013 at 10:00a.m., is hereby taken off calendar, the hearing date vacated and will be decidedwithout oral argume (lc) |
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Filing 167
ORDER REGARDING #166 STIPULATION BETWEEN PLAINTIFFS AND CERTAIN DEFENDANTS SETTING A RESPONSE AND BRIEFING SCHEDULE WITH RESPECT TO PLAINTIFFS THIRD AMENDED COMPLAINT FILED OCTOBER 24, 2013 (see document for due dates) by Judge Dean D. Pregerson (lc)
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| Filing 166 Joint STIPULATION for Extension of Time to File Answer to a date contingent upon a subsequent Order of the Court re Amended Complaint,,,, #157 filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Attachments: #1 Proposed Order)(Leviant, Howard) |
| Filing 165 REPLY in support of MOTION for Reconsideration re Order on Motion to Dismiss, Order on Motion to Dismiss Party, Order on Motion to Dismiss Case,, Order on Motion for Joinder,,,,,,, #151 #155 [Consolidated Reply Brief] filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Leviant, Howard) |
| Filing 164 OPPOSITION to MOTION for Reconsideration re Order on Motion to Dismiss, Order on Motion to Dismiss Party, Order on Motion to Dismiss Case,, Order on Motion for Joinder,,,,,,, #151 #155 and Joinder to 162, 163 filed by Defendants ABM Engineering Services, Jim Scranton, Cornel Sneekes. (Wilson, Kurt) |
| Filing 163 OPPOSITION To Plaintiffs' Motion For Reconsideration filed by Defendants Able Engineering Services, Paul Bensi. (Thompson, Charles) |
| Filing 162 MEMORANDUM in Opposition to MOTION for Reconsideration re Order on Motion to Dismiss, Order on Motion to Dismiss Party, Order on Motion to Dismiss Case,, Order on Motion for Joinder,,,,,,, #151 #155 filed by Defendants John T Ahern, Kuba J Brown, Russell E Burns, James T Callahan, James Van Dyke, Michael R Fanning, Michael Gallagher, Vince Giblin, Robert T Heenan, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Patrick L Sink, James M Sweeney, William C Waggoner, James Zazalli. (Attachments: #1 Declaration Laura Trice, #2 Exhibit A, #3 Declaration Seth Morris)(Leyton, Stacey) |
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Filing 161
ORDER by Judge Dean D. Pregerson, re Stipulation #158 : 1. Named Plaintiffs voluntarily dismiss all of their individual claims against Defendant Richard Griffin with prejudice. All claims against Defendant Richard Griffin on behalf of the putative class of plaintiffs are dismissed without prejudice. 2. Named Plaintiffs and Defendant Richard Griffin shall each bear his or her own costs and attorneys fees incurred in connection with this action. (lc)
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| Filing 160 NOTICE OF FILING TRANSCRIPT filed for proceedings 07/08/2013; 10:21 A.M re Transcript #159 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Bustillos, Maria) TEXT ONLY ENTRY |
| Filing 159 TRANSCRIPT for proceedings held on 07/08/2013; 10:21 A.M. Court Reporter/Electronic Court Recorder: MARIA BUSTILLOS, phone number [email protected] FOR ALL TRANSCRIPT REQUESTS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through MARIA BUSTILLOS. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/14/2013. Redacted Transcript Deadline set for 11/24/2013. Release of Transcript Restriction set for 1/22/2014. (Bustillos, Maria) |
| Filing 158 STIPULATION to Dismiss Richard Griffin filed by Defendant Richard Griffin. (Attachments: #1 Proposed Order)(Woocher, Fredric) |
| Filing 157 THIRD AMENDED CLASS ACTION COMPLAINT #67 ; Demand for Jury Trial against Defendants ABM Engineering Services, Able Engineering Services, Sandra Acosta, John T Ahern, Enrique Alcala, Paul Bensi, Chris Brown, Kuba J Brown, Russell E Burns, CVS Caremark Corporation, James T Callahan, Cheryl Culbreath, Ed Curly, Does, Michael R Fanning, Michael Gallagher, Vince Giblin, Robert T Heenan, Randy Henningfield, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Dennis Lundy, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Jim Scranton, Patrick L Sink, Cornell Sneekes, James M Sweeney, Trivantage Pharmacy Strategies, LLC, Truven Health Analytics, Inc., William C Waggoner, James Zazalli, Kenneth Capehart filed by Plaintiffs Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin (lom) (lom). |
| Filing 156 NOTICE of Manual Filing filed by Plaintiffs Patrick Adams, Anne Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay of Third Amended Complaint. (Leviant, Howard) |
| Filing 155 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss, Order on Motion to Dismiss Party, Order on Motion to Dismiss Case,, Order on Motion for Joinder,,,,,,, #151 filed by Plaintiffs Finn Pette. Motion set for hearing on 11/18/2013 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order)(Moore, James) |
| Filing 154 TRANSCRIPT ORDER as to Defendants John T Ahern, Kuba J Brown, Russell E Burns, James T Callahan, James Van Dyke, Michael R Fanning, Michael Gallagher, Vince Giblin, Robert T Heenan, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Dennis Lundy, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Patrick L Sink, James M Sweeney, William C Waggoner, James Zazalli Court Reporter. Court will contact Laura Trice at [email protected] with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: 7/8/13. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Trice, Laura) |
| Filing 153 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Withdraw Ira Spiro, Spiro Law Corp. as Counsel of Record for Plaintiffs #152 . The following error(s) was found: Incorrect event selected. Correct event: Rquest: substitution of attorney. 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. (lc) |
| Filing 152 REQUEST to Withdraw Ira Spiro, Spiro Law Corp. as Counsel of Record for Plaintiffs filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Attachments: #1 Proposed Order)(Spiro, Ira) |
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Filing 151
ORDER GRANTING DEFENDANTS MOTIONS TO DISMISS #83 , #84 #87 , #88 , #91 , #92 by Judge Dean D. Pregerson: Plaintiffs RICO claims (Claims 1-4) and Seventh Claim for Aiding and Abetting are dismissed with prejudice. Plaintiffs Fifth Claimfor violation of the LMRDA and Sixth Claim for Breach of Fiduciary Duty are dismissed with leave to amend. Any amended complaint shall be filed within fourteen days of the date of this order. (lc). Modified on 10/9/2013. (lc).
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| Filing 150 NOTICE of Change of Attorney Business or Contact Information: for attorney James Mark Moore counsel for Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. Changing Firm Name and Address to Moore & Leviant LLP, 20700 Ventura Blvd., Suite 140, Woodland Hills, CA 91364. Changing Email and fax number to [email protected]; 310-870-7020. Filed by Plaintiffs J. Mark Moore, counsel for Plaintiffs. (Moore, James) |
| Filing 149 TRANSCRIPT ORDER re: Order on Motion to Dismiss, Order on Motion to Dismiss Party, Order on Motion to Dismiss Case,, Order on Motion for Joinder,, Motion Hearing,,,,,,,,,,,,,, #147 , as to Defendant, Able Engineering Services Able Engineering Services Court Reporter. Court will contact Dorthea Beck at [email protected] with any questions regarding this order. Transcript portion requested: Voir Dire on Maria Bustillos. Pre-Trial Proceeding: 07/08/13. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Thompson, Charles) |
| Filing 148 TRANSCRIPT ORDER Court Reporter. Transcript portion requested: Other: 7/8/2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (mw) |
| Filing 147 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson: RE:MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT #83 ; MOTION TO DISMISS DEFENDANT RICHARD GRIFFIN #84 ; MOTION TO DISMISS CASE FRCP 12(B)(6); OR IN THEALTERNATIVE FOR A MORE DEFINITE STATEMENT FRCP 12(E) #87 ; MOTION TO DISMISS #88 ; JOINDER IN MOTION #91 ; MOTION TO DISMISS DEFENDANT ALL PLAINTIFFS FILED BY DEFENDANT LEWIS LEVY #92 . Court hears oral argument and takes the matters under submission.Court Reporter: Maria Bustillos. (lc) |
| Filing 146 OBJECTIONS to Notice of Decision by other Court,, #144 AMENDED OBJECTION TO DEFENDANTS UNAUTHORIZED MINI-BRIEF STYLED AS NOTICE OF SUBMISSION OF NEWLY ISSUED SUPREME COURT AUTHORITY filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Moore, J) |
| Filing 145 OBJECTIONS to Notice of Decision by other Court,, #144 Objections to Defendants' Unauthorized Mini-Brief Styled as "Notice of Submission of Newly Issued Supreme Court Authority" filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Moore, J) |
| Filing 144 NOTICE of Decision: Notice of Submission of Newly Issued Supreme Court Authority filed by Defendants John T Ahern, Kuba J Brown, Russell E Burns, James T Callahan, James Van Dyke, Michael R Fanning, Michael Gallagher, Vince Giblin, Robert T Heenan, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Patrick L Sink, James M Sweeney, William C Waggoner, James Zazalli. (Attachments: #1 Exhibit A)(Weissglass, Jonathan) |
| Filing 143 NOTICE of Appearance filed by attorney J Mark Moore on behalf of Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay (Moore, J) |
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Filing 142
MINUTE ORDER (IN CHAMBERS) by Judge Dean D. Pregerson. COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION TODISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT #83 ,MOTION TO DISMISS DEFENDANT RICHARD GRIFFIN #84 ,MOTION TO DISMISS CASE FRCP 12(B)(6); OR IN THE ALTERNATIVE FOR A MOREDEFINITE STATEMENT FRCP 12(E) FILED BY ABM DEFENDANTS ABM ENGINEERINGSERVICES, JIM SCRANTON, CORNELL SNEEKES #87 , MOTIONTO DISMISS FILED BY DEFENDANT ABLE ENGINEERING SERVICES AND PAULBENSI PAUL BENSI, ABLE ENGINEERING SERVICES #88 ,JOINDER IN MOTION #91 and the MOTION TO DISMISSDEFENDANT ALL PLAINTIFFS FILED BY DEFENDANT LEWIS LEVY #92 are hereby continued from June 24, 2013 to July 8, 2013 at 10:00 a.m. (cch)
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| Filing 141 NOTICE OF ERRATA filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. correcting MEMORANDUM in Opposition to Motion, #125 (Leviant, Howard) |
| Filing 140 NOTICE OF DISMISSAL filed by Plaintiffs Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath pursuant to FRCP 41a(1) as to Chris Brown. (Leviant, Howard) |
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Filing 139
ORDER granting #136 Stipulation to Extend Defendant Cynthia Escanuelas Time to file a responsive pleading until the later of either (1) 30 days from theissuance of the Courts Orders ruling upon the pending motions to dismisswhich are currently set for hearing on June 24, 2013, or (2) 30 days fromthe filing and service of a Third Amended Complaint, if any. This extension of time to respond is without prejudice to further requests by Defendant Escanuelas to adjust the response deadline or further stipulations by the parties to set a unified response date for all parties by Judge Dean D. Pregerson (lc)
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| Filing 138 REPLY in support of MOTION to Dismiss Defendant All Plaintiffs #92 filed by Defendant Lewis Levy. (Petersen, Jason) |
| Filing 137 REPLY Reply in Support of Motion MOTION to Dismiss Plaintiffs' Second Amended Complaint #83 filed by Defendants John T Ahern, Kuba J Brown, Russell E Burns, James T Callahan, James Van Dyke, Michael R Fanning, Michael Gallagher, Vince Giblin, Robert T Heenan, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Patrick L Sink, James M Sweeney, William C Waggoner, James Zazalli. (Weissglass, Jonathan) |
| Filing 136 STIPULATION for Extension of Time to File Answer to the later of either (1) 30 days from the issuance of the Courts Orders ruling upon the pending motions to dismiss which are currently set for hearing on June 24, 2013, or (2) 30 days from the filing and service of a Third Amended Complaint, if any re Amended Complaint,,,,,, #67 filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Attachments: #1 Proposed Order)(Leviant, Howard) |
| Filing 135 REPLY MOTION to Dismiss Defendants Able Engineering Services and Paul Bensi Paul Bensi, Able Engineering Services NOTICE OF MOTION AND MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES #88 Reply In Support Of Motion To Dismiss filed by Defendants Able Engineering Services, Paul Bensi. (Thompson, Charles) |
| Filing 134 REPLY in support of MOTION to Dismiss Defendant Richard Griffin Memorandum of Points and Authorities in Support Thereof #84 filed by Defendant Richard Griffin. (Woocher, Fredric) |
| Filing 133 REPLY In Support of Motion of Defendants ABM Engineering Services, Jim Scranton and Cornel Sneekes Motion to Dismiss MOTION to Dismiss Case FRCP 12(b)(6); Or in the Alternative for a More Definite Statement FRCP 12(e) #87 filed by Defendants ABM Engineering Services, Jim Scranton, Cornell Sneekes. (Wilson, Kurt) |
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Filing 132
ORDER EXTENDING TIME TO FILE RESPONSE TO SECOND AMENDED COMPLAINT FORTHOSE DEFENDANTS WHO HAVE NOT YET FILED RESPONSE #127 by Judge Dean D. Pregerson: Each of those Defendants who has not yet filed a response to the Second Amended Complaint shall have an extension of time within which to file a response until the later of either (1) 30 days from the filing of the Courts Orders ruling upon the pending motions to dismiss which are currently set for hearing on June 10, 2013, or (2) 30 days from the filing and service of a Third Amended Complaint, if any.This extension of time to respond is without prejudice to further requests by Defendants to adjust the response deadline or further stipulations by the parties to set a united response date for all parties. (lc)
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| Filing 131 NOTICE OF LODGING filed Proposed Order re MOTION to Dismiss Case FRCP 12(b)(6); Or in the Alternative for a More Definite Statement FRCP 12(e) #87 (Attachments: #1 Proposed Order Granting Motion to Dismiss)(Wilson, Kurt) |
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Filing 130
ORDER by Judge Dean D. Pregerson: granting #129 Application to Appear Pro Hac Vice by Attorney Robert H. Griffith on behalf of Defendant CVS Caremark Corporation, designating Mary R. Conklin as local counsel. (lt)
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| Filing 129 APPLICATION for attorney Robert H. Griffith to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by defendant CVS Caremark Corporation. (Attachments: #1 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Conklin, Mary) |
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Filing 128
ORDER granting Stipulation #119 that defendant Truvens Time toRespond to the Second Amended Complaint, extended from May 13, 2013 to respond to the Second Amended Complaint such that its responsive pleading(s) shall be filed and served on or before the expiration of 14 days following the Courts entry of its Order(s) on the Motions to Dismiss scheduled to be heard on June 24, 2013 by Judge Dean D. Pregerson (lc)
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| Filing 127 First STIPULATION for Extension of Time to File Answer to 30 days from 12b6 Order re Amended Complaint,,,,,, #67 filed by defendant Sandra Acosta. (Attachments: #1 Proposed Order Extending Time to Respond)(Kaplan, Steven) |
| Filing 126 MEMORANDUM in Opposition to MOTION to Dismiss Defendant All Plaintiffs #92 filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Leviant, Howard) |
| Filing 125 MEMORANDUM in Opposition to MOTION to Dismiss Plaintiffs' Second Amended Complaint #83 filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Leviant, Howard) |
| Filing 124 MEMORANDUM in Opposition to MOTION to Dismiss Defendant Richard Griffin Memorandum of Points and Authorities in Support Thereof #84 filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Leviant, Howard) |
| Filing 123 MEMORANDUM in Opposition to MOTION to Dismiss Case FRCP 12(b)(6); Or in the Alternative for a More Definite Statement FRCP 12(e) #87 filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Leviant, Howard) |
| Filing 122 MEMORANDUM in Opposition to MOTION to Dismiss Defendants Able Engineering Services and Paul Bensi Paul Bensi, Able Engineering Services NOTICE OF MOTION AND MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES #88 filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Leviant, Howard) |
| Filing 121 NOTICE of Change of Attorney Information for attorney Fawn Ayres Schanz counsel for Defendant Truven Health Analytics, Inc.. Adding James H. Turken as attorney as counsel of record for Truven Health Analytics, Inc. for the reason indicated in the G-06 Notice. Filed by Defendant Truven Health Analytics, Inc. (Schanz, Fawn) |
| Filing 120 NOTICE OF ERRATA filed by Defendants ABM Engineering Services, Jim Scranton, Cornell Sneekes. correcting Declaration (Motion related), #90 Correcting Exhibit A of the Declaration of Kurt E. Wilson which inadvertently excluded page 3 of the Declaration of Jim Scranton (Wilson, Kurt) |
| Filing 119 First STIPULATION for Extension of Time to File Answer to 14 Days from the entry of the Court's Order(s) on the Motions to Dismiss Scheduled to be Heard on 6/14/13 re Amended Complaint,,,,,, #67 filed by Defendant Truven Health Analytics, Inc.. (Attachments: #1 Proposed Order)(Schanz, Fawn) |
| Filing 118 NOTICE of Appearance filed by attorney Mary R Conklin on behalf of Defendant CVS Caremark Corporation (Conklin, Mary) |
| Filing 117 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath, upon Defendant Michael Russell served on 4/24/2013, answer due 5/15/2013. Service of the Summons and Complaint were executed upon Defendant Michael Russell in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 116 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath, upon Defendant CVS Caremark Corporation served on 4/22/2013, answer due 5/13/2013. Service of the Summons and Complaint were executed upon Melanie McGrath, The Corporation Trust Company, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons returned. (Leviant, Howard) |
| Filing 115 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath, upon Defendant Trivantage Pharmacy Strategies, LLC served on 4/25/2013, answer due 5/16/2013. Service of the Summons and Complaint were executed upon Carol Forhan, Vice President / Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 114 MINUTES OF Status Conference re case managment and possible settlement options held before Judge Dean D. Pregerson:Court and counsel confer as reflected on the record.Court Reporter: Maria Bustillos. (lc) |
| Filing 113 Certification and Notice of Interested Parties filed by Defendant Michael Russell, identifying Michael Russell, Defendant and Federal Insurance Company, Insurrer. (Vanic, Michael) |
| Filing 112 NOTICE of Appearance filed by attorney Michael A Vanic on behalf of Defendant Michael Russell (Vanic, Michael) |
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Filing 111
MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson:Counsel, not within the Central District of California, who wish to appear telephonically at the STATUS CONFERENCE RE: CASE MANAGEMENT AND POSSIBLE SETTLEMENT OPTIONS are directed to contact plaintiffs' counsel to make arrangements not later than Friday, May 3, 2013 at 3:00 p.m. (lc)
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| Filing 110 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #106 . The following error(s) was found: Incorrect event selected. The correct event is: Appearance of Counsel. 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. (lom) |
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Filing 109
ORDER RE STIPULATION BETWEEN PLAINTIFFS AND DEFENDANT CYNTHIA ESCANUELAS EXTENDING CYNTHIA ESCANUELAS'S TIME TO RESPOND TO SECOND AMENDED COMPLAINT #73 by Judge Dean D. Pregerson. Defendant Escanuelas is granted an extension of time to respond to the Second Amended Complaint until May 22, 2013, notwithstanding any prior extensions of time. This extension of time to respond is without prejudice to further requests by Defendant Escanuelas to adjust the response deadline or further stipulations by the parties to set a unified response date for all parties. (jre)
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Filing 108
ORDER REGARDING #107 STIPULATION BETWEEN PLAINTIFFS AND CERTAIN DEFENDANTS SETTING A MODIFIED BRIEFING SCHEDULE FOR ALL PENDING MOTIONS by Judge Dean D. Pregerson: Oppositions to Docket Items 83, 84, 87, 88 and 92 shall be filed no later than Thursday, May 9, 2013. Replies in support of Docket Items 83, 84, 87, 88, 91 and 92 shall be filed no later than Thursday, May 23, 2013. The hearing for Docket Items #83 , #84 , #87 , #88 , #91 and #92 , shall be continuedto June 24, 2013, at 10:00 a.m. (lc)
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| Filing 107 PRETRIAL STIPULATION regarding Exhibits , STIPULATION for Extension of Time to File Extending Enrique H. Alcala's Time to Respond to Second Amended Complaint as to Notice (Other) #106 filed by Defendant Enrique Alcala. (Attachments: #1 Proposed Order)(Goch, Michael) |
| Filing 106 NOTICE Notice of Appearance of Michael Goch filed by Defendant Enrique Alcala. (Goch, Michael) |
| Filing 105 Notice of Interested Parties filed by Defendant ABM Engineering Services, Jim Scranton, Cornell Sneekes, identifying ABM Engineering Services, Jim Scranton, Cornel Sneekes. (Wilson, Kurt) |
| Filing 104 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath, upon Defendant Truven Health Analytics, Inc. served on 4/22/2013, answer due 5/13/2013. Service of the Summons and Complaint were executed upon Maria Bautista, Agent at National Corporate Research, Ltd., Agent for Service of Process for Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 103 Joint STIPULATION to Continue Motions to Dismiss (Doc. #'s 83, 84, 87, 88, 92) from May 20, 2013 to June 10, 2013 Re: MOTION to Dismiss Defendant Richard Griffin Memorandum of Points and Authorities in Support Thereof #84 , MOTION to Dismiss Defendant All Plaintiffs #92 , MOTION to Dismiss Plaintiffs' Second Amended Complaint #83 , MOTION to Dismiss Defendants Able Engineering Services and Paul Bensi Paul Bensi, Able Engineering Services NOTICE OF MOTION AND MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES #88 , MOTION to Dismiss Case FRCP 12(b)(6); Or in the Alternative for a More Definite Statement FRCP 12(e) #87 , Joint STIPULATION for Extension of Time to File Oppositions and Replies as to MOTION to Dismiss Defendant Richard Griffin Memorandum of Points and Authorities in Support Thereof #84 , MOTION to Dismiss Defendant All Plaintiffs #92 , MOTION to Dismiss Plaintiffs' Second Amended Complaint #83 , MOTION to Dismiss Defendants Able Engineering Services and Paul Bensi Paul Bensi, Able Engineering Services NOTICE OF MOTION AND MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES #88 , MOTION to Dismiss Case FRCP 12(b)(6); Or in the Alternative for a More Definite Statement FRCP 12(e) #87 filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Attachments: #1 Proposed Order)(Leviant, Howard) |
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Filing 102
MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED a STATUS CONFERENCE RE: CASE MANAGEMENT AND POSSIBLE SETTLEMENT OPTIONS is hereby set for May 6, 2013 at 1:30 p.m. The parties are encouraged to have discussions prior to the status conference. (lc)
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| Filing 101 Certification of Interested Parties filed by Defendant Lewis Levy, identifying Lewis N. Levy. (Petersen, Jason) |
| Filing 100 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: ABLE MOTION to Dismiss #88 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. 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. (lc) |
| Filing 99 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Levy MOTION to Dismiss Defendant #92 . The following error(s) was found: Found as an attachment, was the certificate of interested party, which should have been efiled under its own specific event. 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. (lc) |
| Filing 98 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: ABM MOTION to Dismiss Case FRCP 12(b)(6) #87 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. 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. (lc) |
| Filing 97 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:ATTACHMENT ONLY RE MOTION to Dismiss Plaintiffs' Second Amended Complaint #83 . The following error(s) was found: Certificate of interested party was found as an attachment, and should have been efiled under its own specific event. 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. (lc) |
| Filing 96 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents), #79 . pdf is proof on various documents, including summons and second amended complaint. Forms are available for service of process re complaints. The following error(s) was found: Incorrect event selected. The correct event is: service of Summons and Complaint returned executed 21 days. 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. (lc) |
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Filing 95
ORDER granting #80 Stipulation to Extend defendant Dennis Lundy's Time to Answer the second amended complaint to 5/22/2013 by Judge Dean D. Pregerson (lc)
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| Filing 94 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that the document entitled MOTION TO DISMISS, filed on April 22, 2013, docket number #81 was filed incorrectly and therefore ordered STRICKEN from the docket. The Court notes the motion was correctly re-filed as reflected in docket number #83 . (lc) |
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Filing 93
ORDER granting #78 Stipulation Extending Time to Answer second amended complaint to 5/22/13 as to defendant Ed Curly by Judge Dean D. Pregerson (lc)
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| Filing 92 NOTICE OF MOTION AND MOTION to Dismiss Defendant All Plaintiffs filed by Defendant Lewis Levy. Motion set for hearing on 5/20/2013 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration Declaration of Jason J. Petersen, Esq., In Support of Defendant Levy's Motion to Dismiss, #2 Exhibit Exhibits A - C to Declaration of Jason J. Petersen, Esq., #3 Proposed Order [Proposed] Order re: Defendant Lewis Levy, Esq.'s Motion to Dismiss, #4 Certification and Notice of Interested Parties, #5 Certificate of Service)(Petersen, Jason) |
| Filing 91 JOINDER in MOTION to Dismiss Defendants Able Engineering Services and Paul Bensi Paul Bensi, Able Engineering Services NOTICE OF MOTION AND MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES #88 , MOTION to Dismiss Plaintiffs' Second Amended Complaint #81 filed by Defendants ABM Engineering Services, Jim Scranton, Cornell Sneekes. (Wilson, Kurt) Modified on 4/25/2013 (lc). |
| Filing 90 DECLARATION of Kurt E. Wilson, Esq In Support Of MOTION to Dismiss Case FRCP 12(b)(6); Or in the Alternative for a More Definite Statement FRCP 12(e) #87 filed by Defendants ABM Engineering Services, Jim Scranton, Cornell Sneekes. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wilson, Kurt) |
| Filing 89 APPENDIX filed by Defendants ABM Engineering Services, Jim Scranton, Cornell Sneekes. Re: MOTION to Dismiss Case FRCP 12(b)(6); Or in the Alternative for a More Definite Statement FRCP 12(e) #87 District Court Authorities (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3, #4 Appendix 4, #5 Appendix 5, #6 Appendix 6)(Wilson, Kurt) |
| Filing 88 NOTICE OF MOTION AND MOTION to Dismiss Defendants Able Engineering Services and Paul Bensi Paul Bensi, Able Engineering Services NOTICE OF MOTION AND MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES filed by Defendant Able Engineering Services and Paul Bensi Paul Bensi, Able Engineering Services. Motion set for hearing on 5/20/2013 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Second Part of Notice of Motion and Motion to Dismiss)(Thompson, Charles) |
| Filing 87 NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6); Or in the Alternative for a More Definite Statement FRCP 12(e) filed by ABM Defendants ABM Engineering Services, Jim Scranton, Cornell Sneekes. Motion set for hearing on 5/20/2013 at 10:00 AM before Judge Dean D. Pregerson. (Wilson, Kurt) |
| Filing 86 NOTICE OF ERRATA filed by Defendants John T Ahern, Kuba J Brown, Russell E Burns, James T Callahan, James Van Dyke, Michael R Fanning, Michael Gallagher, Vince Giblin, Robert T Heenan, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Patrick L Sink, James M Sweeney, William C Waggoner, James Zazalli. correcting MOTION to Dismiss Plaintiffs' Second Amended Complaint #81 (Weissglass, Jonathan) |
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Filing 85
ORDER granting #80 Stipulation #80 extending Defendants Chris Brown and Sandra Acosta time to respond to the second amended complaint to 5/22/13 by Judge Dean D. Pregerson (lc)
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| Filing 84 NOTICE OF MOTION AND MOTION to Dismiss Defendant Richard Griffin Memorandum of Points and Authorities in Support Thereof filed by Defendant Richard Griffin. Motion set for hearing on 5/20/2013 at 10:00 AM before Judge Dean D. Pregerson. (Woocher, Fredric) |
| Filing 83 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Defendants John T Ahern, Kuba J Brown, Russell E Burns, James T Callahan, James Van Dyke, Michael R Fanning, Michael Gallagher, Vince Giblin, Robert T Heenan, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, James T Kunz, Greg Lalevee, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Patrick L Sink, James M Sweeney, William C Waggoner, James Zazalli. Motion set for hearing on 5/20/2013 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration of Laura Trice, #2 Proposed Order, #3 Certification and Notice of Interested Parties)(Weissglass, Jonathan) |
| Filing 82 Notice of Interested Parties filed by Defendant Richard Griffin, (Woocher, Fredric) |
| Filing 81 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Defendants John T Ahern, Kuba J Brown, Russell E Burns, James T Callahan, James Van Dyke, Michael Gallagher, Vince Giblin, Robert T Heenan, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Patrick L Sink, James M Sweeney, William C Waggoner, James Zazalli. Motion set for hearing on 5/20/2013 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration of Laura Trice, #2 Proposed Order, #3 Certification and Notice of Interested Parties)(Weissglass, Jonathan) Modified on 4/23/2013 (lc). (STRICKEN PER 4/23/13 MINUTES). |
| Filing 80 Joint STIPULATION for Extension of Time to File Answer to May 22, 2013 re Amended Complaint,,,,,, #67 filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Attachments: #1 Proposed Order)(Leviant, Howard) |
| Filing 79 PROOF OF SERVICE filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay, re Amended Complaint,,,,,, #67 on Defendant Cynthia Escanuelas served on 04/19/2013. (Leviant, Howard) |
| Filing 78 STIPULATION Extending Time to Answer the complaint as to Ed Curly answer now due 5/22/2013, filed by Defendant Ed Curly. (Attachments: #1 Proposed Order Granting Stipulated Request for Extension of Time for Defendant Ed Curly to Respond to Second Amended Complaint (SAC))(Vanic, Michael) |
| Filing 77 NOTICE of Appearance filed by attorney Michael A Vanic on behalf of Defendant Ed Curly (Vanic, Michael) |
| Filing 76 STIPULATION Extending Time to Answer the complaint as to Chris Brown answer now due 5/22/2013, re Amended Complaint,,,,,, #67 filed by defendants brown & acosta Sandra Acosta. (Attachments: #1 Proposed Order for Extension for Acosta & Brown)(Kaplan, Steven) |
| Filing 75 NOTICE of Appearance filed by attorney Steven J Kaplan on behalf of Defendant Sandra Acosta (Kaplan, Steven) |
| Filing 74 NOTICE of Appearance filed by attorney Steven J Kaplan on behalf of Defendant Chris Brown (Kaplan, Steven) |
| Filing 73 STIPULATION Extending Time to Answer the complaint as to Cynthia Escanuelas answer now due 5/22/2013, re Amended Complaint,,,,,, #67 filed by Plaintiffs Daniel Himmelberg; Finn Pette; Anne Brophy; Christopher Menor; John Crooks; Nye Nelson; Glenn Szalay; Patrick Adams; Robert Fox; Christine Himmelberg; Jay Brophy; Erik B Smith; Linda Pette; James McLaughlin; Judy McLaughlin; Cheryl Culbreath. (Attachments: #1 Proposed Order)(Leviant, Howard) |
| Filing 72 NOTICE of Change of Attorney Information for attorney Jonathan David Weissglass counsel for Defendants John T Ahern, Kuba J Brown, Russell E Burns, James T Callahan, James Van Dyke, Michael R Fanning, Michael Gallagher, Vince Giblin, Robert T Heenan, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Patrick L Sink, James M Sweeney, William C Waggoner, James Zazalli. Adding Jonathan Weissglass as attorney as counsel of record for James M. Sweeney for the reason indicated in the G-06 Notice. Filed by Defendant International Union of Operating Engineers, James T. Callahan, Brian E. Hickey, William C. Waggoner, Patrick L. Sink, Jerry Kalmar, Russell E. Burns, Rodger Kaminska, James M. Sweeney, Robert T. Heenan, Daniel J. McGraw, Daren Konopaski, Michael Gallagher, Greg Lalevee, Terrance E. McGowan, Louis G. Rasetta, Vincent Giblin, James Van Dyke, John T. Ahern, John M. Holliday, Kuba J. Brown, Bruce Moffatt, James T. Kunz, Jr., James Zazzali, and Michael R. Fanning (Weissglass, Jonathan) |
| Filing 71 NOTICE of Change of Attorney Information for attorney Laura S Trice counsel for Defendants John T Ahern, Kuba J Brown, Russell E Burns, James T Callahan, James Van Dyke, Michael R Fanning, Michael Gallagher, Vince Giblin, Robert T Heenan, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Patrick L Sink, James M Sweeney, William C Waggoner, James Zazalli. Adding Laura S. Trice as attorney as counsel of record for Defendants International Union of Operating Engineers, James T. Callahan, Brian E. Hickey, William C. Waggoner, Patrick L. Sink, Jerry Kalmar, Russell E. Burns, Rodger Kaminska, James M. Sweeney, Robert T. Heenan, Daniel J. McGraw, Daren Konopaski, Michael Gallagher, Greg Lalevee, Terrance E. McGowan, Louis G. Rasetta, Vincent Giblin, James Van Dyke, John T. Ahern, John M. Holliday, Kuba J. Brown, Bruce Moffatt, James T. Kunz, Jr., James Zazzali, and Michael R. Fanning for the reason indicated in the G-06 Notice. Filed by Defendants International Union of Operating Engineers, James T. Callahan, Brian E. Hickey, William C. Waggoner, Patrick L. Sink, Jerry Kalmar, Russell E. Burns, Rodger Kaminska, James M. Sweeney, Robert T. Heenan, Daniel J. McGraw, Daren Konopaski, Michael Gallagher, Greg Lalevee, Terrance E. McGowan, Louis G. Rasetta, Vincent Giblin, James Van Dyke, John T. Ahern, John M. Holliday, Kuba J. Brown, Bruce Moffatt, James T. Kunz, Jr., James Zazzali, and Michael R. Fanning (Trice, Laura) |
| Filing 70 NOTICE of Change of Attorney Information for attorney Stacey M Leyton counsel for Defendants John T Ahern, Kuba J Brown, Russell E Burns, James T Callahan, James Van Dyke, Michael R Fanning, Michael Gallagher, Vince Giblin, Robert T Heenan, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Patrick L Sink, James M Sweeney, William C Waggoner, James Zazalli. Adding Stacey M. Leyton as attorney as counsel of record for Defendants International Union of Operating Engineers, James T. Callahan, Brian E. Hickey, William C. Waggoner, Patrick L. Sink, Jerry Kalmar, Russell E. Burns, Rodger Kaminska, James M. Sweeney, Robert T. Heenan, Daniel J. McGraw, Daren Konopaski, Michael Gallagher, Greg Lalevee, Terrance E. McGowan, Louis G. Rasetta, Vincent Giblin, James Van Dyke, John T. Ahern, John M. Holliday, Kuba J. Brown, Bruce Moffatt, James T. Kunz, Jr., James Zazzali, and Michael R. Fanning for the reason indicated in the G-06 Notice. Filed by Defendants International Union of Operating Engineers, James T. Callahan, Brian E. Hickey, William C. Waggoner, Patrick L. Sink, Jerry Kalmar, Russell E. Burns, Rodger Kaminska, James M. Sweeney, Robert T. Heenan, Daniel J. McGraw, Daren Konopaski, Michael Gallagher, Greg Lalevee, Terrance E. McGowan, Louis G. Rasetta, Vincent Giblin, James Van Dyke, John T. Ahern, John M. Holliday, Kuba J. Brown, Bruce Moffatt, James T. Kunz, Jr., James Zazzali, and Michael R. Fanning (Leyton, Stacey) |
| Filing 69 NOTICE of Change of Attorney Information for attorney Jonathan David Weissglass counsel for Defendants John T Ahern, Kuba J Brown, Russell E Burns, James T Callahan, James Van Dyke, Michael R Fanning, Michael Gallagher, Vince Giblin, Robert T Heenan, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Patrick L Sink, William C Waggoner, James Zazalli. Adding Jonathan Weissglass as attorney as counsel of record for Defendants International Union of Operating Engineers, James T. Callahan, Brian E. Hickey, William C. Waggoner, Patrick L. Sink, Jerry Kalmar, Russell E. Burns, Rodger Kaminska, James M. Sweeney, Robert T. Heenan, Daniel J. McGraw, Daren Konopaski, Michael Gallagher, Greg Lalevee, Terrance E. McGowan, Louis G. Rasetta, Vincent Giblin, James Van Dyke, John T. Ahern, John M. Holliday, Kuba J. Brown, Bruce Moffatt, James T. Kunz, Jr., James Zazzali, and Michael R. Fanning for the reason indicated in the G-06 Notice. Filed by defendants International Union of Operating Engineers, James T. Callahan, Brian E. Hickey, William C. Waggoner, Patrick L. Sink, Jerry Kalmar, Russell E. Burns, Rodger Kaminska, James M. Sweeney, Robert T. Heenan, Daniel J. McGraw, Daren Konopaski, Michael Gallagher, Greg Lalevee, Terrance E. McGowan, Louis G. Rasetta, Vincent Giblin, James Van Dyke, John T. Ahern, John M. Holliday, Kuba J. Brown, Bruce Moffatt, James T. Kunz, Jr., James Zazzali, and Michael R. Fanning (Weissglass, Jonathan) |
| Filing 68 NOTICE of Change of Attorney Information for attorney Stephen P Berzon counsel for Defendants John T Ahern, Kuba J Brown, Russell E Burns, James T Callahan, James Van Dyke, Michael R Fanning, Michael Gallagher, Vince Giblin, Robert T Heenan, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Patrick L Sink, James M Sweeney, William C Waggoner, James Zazalli. Adding Stephen P. Berzon as attorney as counsel of record for Defendants International Union of Operating Engineers, James T. Callahan, Brian E. Hickey, William C. Waggoner, Patrick L. Sink, Jerry Kalmar, Russell E. Burns, Rodger Kaminska, James M. Sweeney, Robert T. Heenan, Daniel J. McGraw, Daren Konopaski, Michael Gallagher, Greg Lalevee, Terrance E. McGowan, Louis G. Rasetta, Vincent Giblin, James Van Dyke, John T. Ahern, John M. Holliday, Kuba J. Brown, Bruce Moffatt, James T. Kunz, Jr., James Zazzali, and Michael R. Fanning for the reason indicated in the G-06 Notice. Filed by defendant Defendants International Union of Operating Engineers, James T. Callahan, Brian E. Hickey, William C. Waggoner, Patrick L. Sink, Jerry Kalmar, Russell E. Burns, Rodger Kaminska, James M. Sweeney, Robert T. Heenan, Daniel J. McGraw, Daren Konopaski, Michael Gallagher, Greg Lalevee, Terrance E. McGowan, Louis G. Rasetta, Vincent Giblin, James Van Dyke, John T. Ahern, John M. Holliday, Kuba J. Brown, Bruce Moffatt, James T. Kunz, Jr., James Zazzali, and Michael R. Fanning (Berzon, Stephen) |
| Filing 67 SECOND AMENDED COMPLAINT against defendants ABM Engineering Services, Able Engineering Services, Sandra Acosta, John T Ahern, Enrique Alcala, Paul Bensi, Chris Brown, Kuba J Brown, Russell E Burns, James T Callahan, Ed Curly, Does, James Van Dyke, Cynthia Escanuelas, Michael R Fanning, Michael Gallagher, Vince Giblin, Richard Griffin, Robert T Heenan, Randy Henningfield, Brian E Hickey, John M Holliday, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, James T Kunz, Greg Lalevee, Lewis Levy, Dennis Lundy, Terrance E McGowan, Daniel J McGraw, Bruce Moffatt, Louis G Rasetta, Michael Russell, Jim Scranton, Patrick L Sink, Cornell Sneekes, James M Sweeney, William C Waggoner, James Zazalli, CVS Caremark Corporation, Trivantage Pharmacy Strategies, LLC, Truven Health Analytics, Inc. amending First Amended Complaint #49 ; Jury Demand,filed by plaintiffs Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath (lc) (Additional attachment(s) added on 4/1/2013: #1 part 2, #2 part 3, #3 part 4, #4 part 5, #5 part 6, #6 part 7, #7 part 8, #8 part 9, #9 part 10, #10 part 11) (lc). (Attachment 10 replaced on 4/1/2013) (lc). (Additional attachment(s) added on 4/1/2013: #11 issued summons) (lc). (Attachment 1 replaced on 5/1/2013) (ap). |
| 21 DAY Summons Issued re Second Amended Complaint,,,,,, #67 as to defendants Paul Bensi, Enrique Alcala, Able Engineering Services, John T Ahern, Sandra Acosta, ABM Engineering Services., Summons Returned Unexecuted filed by plaintiffs Patrick Adams, Anne Brophy, Jay Brophy. as to Paul Bensi, Enrique Alcala, Able Engineering Services, John T Ahern, Sandra Acosta, ABM Engineering Services. (lc) |
| Filing 66 NOTICE of Manual Filing filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Glenn Szalay of SECOND AMENDED CLASS ACTION COMPLAINT. (Leviant, Howard) |
| Filing 65 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath, upon Defendant Enrique Alcala served on 3/19/2013, answer due 4/9/2013. Service of the Summons and Complaint were executed upon Defendant Enrique Alcala in compliance with California Code of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
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Filing 64
ORDER by Judge Dean D. Pregerson, re Stipulation #63 A. Plaintiffs are allowed until March 29, 2013, to file a Second AmendedComplaint.B. In light of the forthcoming Second Amended Complaint, Defendants donot have to respond to the First Amended Complaint. C. On March 29, 2013, Plaintiffs counsel will e-mail counsel for Stipulating Defendants, and any other Defendant on request, a redline showing the changes from the First Amended Complaint to the Second Amended Complaint. D. All Defendants have until April 22, 2013 to respond to the Second Amended Complaint. Stipulating Defendants can seek more time if the amendments substantially change the nature of the allegations. Non- Stipulating Defendants reserve all rights to seek additional time to respond. (lc)
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| Filing 63 Corrected STIPULATION for Leave to Amend First Amended Complaint with signature pages attached, Corrected STIPULATION to Amend Amended Complaint,,,,, #49 filed by Plaintiffs Patrick Adams, Anne Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Attachments: #1 Proposed Order)(Leviant, Howard) |
| Filing 62 STIPULATION for Leave to Amend First Amended Complaint , STIPULATION to Amend Amended Complaint,,,,, #49 filed by Plaintiffs Patrick Adams, Anne Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Nye Nelson, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Attachments: #1 Proposed Order)(Leviant, Howard) |
| Filing 61 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath, upon Defendant John T Ahern served on 2/22/2013, answer due 3/22/2013. Service of the Summons and Complaint were executed upon Tony Keller, Office Manager at Defendant's Business Address in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
| Filing 60 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath, upon Defendant Michael R Fanning served on 1/30/2013, answer due 3/22/2013. Service of the Summons and Complaint were executed upon Defendant Michael R. Fanning in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 59 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath, upon Defendant James Zazalli served on 2/1/2013, answer due 3/22/2013. Service of the Summons and Complaint were executed upon Defendant James Zazzali in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 58 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath, upon Defendant James T Kunz served on 2/1/2013, answer due 3/22/2013. Service of the Summons and Complaint were executed upon Defendant James T. Kunz, Jr. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 57 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath, upon Defendant Bruce Moffatt served on 2/13/2013, answer due 3/22/2013. Service of the Summons and Complaint were executed upon Defendant Bruce Moffatt in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 56 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath, upon Defendant Kuba J Brown served on 1/30/2013, answer due 3/22/2013. Service of the Summons and Complaint were executed upon Defendant Kuba J. Brown in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 55 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath, upon Defendant John M Holliday served on 2/1/2013, answer due 3/22/2013. Service of the Summons and Complaint were executed upon defendant John M. Holliday in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 54 NOTICE of Appearance filed by attorney Kurt E Wilson on behalf of Defendants ABM Engineering Services, Jim Scranton, Cornell Sneekes (Wilson, Kurt) |
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Filing 53
ORDER REGARDING STIPULATION BETWEEN PLAINTIFFS AND DEFENDANT INTERNATIONAL UNION OF OPERATING ENGINEERS EXTENDING ALL DEFENDANTS TIME TO RESPOND TO FIRSTAMENDED COMPLAINT #52 by Judge Dean D. Pregerson: A. All Parties should be granted an extension of time to respond to the First Amended Complaint until March 22, 2013, notwithstanding any prior extensions of time. B. Any currently unserved party that is served prior to March 22, 2013 should have the later of the statutory response time or March 22, 2013 in which to respond to the First Amended Complaint. C. This extension of time to respond is without prejudice to further requests by a party to adjust the response deadline or further stipulations by the parties to set a unified response date for all parties. (lc)
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| Filing 52 STIPULATION for Extension of Time to File Answer to 3/22/2013 re Amended Complaint,,,,, #49 filed by Plaintiffs Patrick Adams, Anne Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Christine Himmelberg, Daniel Himmelberg, James McLaughlin, Judy McLaughlin, Christopher Menor, Finn Pette, Linda Pette, Erik B Smith, Glenn Szalay. (Attachments: #1 Proposed Order)(Leviant, Howard) |
| Filing 51 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath, upon Defendant Ed Curly served on 2/4/2013, answer due 2/25/2013. Service of the Summons and Complaint were executed upon Defendant Ed Curly in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 50 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, Christopher Menor, John Crooks, Nye Nelson, Glenn Szalay, Patrick Adams, Robert Fox, Christine Himmelberg, Jay Brophy, Erik B Smith, Linda Pette, James McLaughlin, Judy McLaughlin, Cheryl Culbreath, upon Defendant Able Engineering Services served on 2/1/2013, answer due 2/22/2013; Paul Bensi served on 2/1/2013, answer due 2/22/2013. Service of the Summons and Complaint were executed upon Charles L. Thompson, Attorney for Defendants Able Engineering Services and Paul Bensi in compliance with Federal Rules of Civil Procedure by method of service not specified. Original Summons returned. Service of Summons on First Amended Complaint, First Amended Complaint, etc. via e-mail. (Leviant, Howard) |
| Filing 49 FIRST AMENDED COMPLAINT against defendants ABM Engineering Services, Able Engineering Services, Sandra Acosta, Paul Bensi, Chris Brown, Russell E Burns, James T Callahan, Does, James Van Dyke, Cynthia Escanuelas, Michael Gallagher, Vince Giblin, Richard Griffin, Robert T Heenan, Randy Henningfield, Brian E Hickey, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, Greg Lalevee, Lewis Levy, Dennis Lundy, Terrance E McGowan, Daniel J McGraw, Louis G Rasetta, Jim Scranton, Patrick L Sink, Cornell Sneekes, James M Sweeney, William C Waggoner, Erik B Smith, Linda Pette, Judy McLaughlin, Christine Himmelberg, Christopher Menor, Patrick Adams, Enrique Alcala, Ed Curly, Michael Russell, John T Ahern, John M Holliday, Kuba J Brown, Bruce Moffatt, James T Kunz, James Zazalli, Michael R Fanning amending Complaint - (Discovery) #1 Jury Demand,filed by plaintiff Daniel Himmelberg, Finn Pette, Anne Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, Erik B Smith, Linda Pette, Judy McLaughlin, Christine Himmelberg, Christopher Menor, Patrick Adams (lc) (Additional attachment(s) added on 1/25/2013: #1 part 2) (lc). (Additional attachment(s) added on 1/25/2013: #2 part 3) (lc). |
| Filing 48 PROOF OF SERVICE filed by Plaintiffs Ann Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Daniel Himmelberg, James McLaughlin, Nye Nelson, Finn Pette, Glenn Szalay, of Documents Filed by Plaintiffs (Excluding Proofs of Service of Summons and Complaint) and the Court in December 2012 on Defendant Cynthia Escanuelas served on 1/8/13. (Leviant, Howard) |
| Filing 47 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Terrance E McGowan served on 12/5/2012, answer due 2/15/2013. Service of the Summons and Complaint were executed upon Defendant Terrance E. McGowan in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 46 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Jim Scranton served on 12/30/2012, answer due 2/15/2013. Service of the Summons and Complaint were executed upon Defendant Jim Scranton in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 45 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant James T Callahan served on 12/30/2012, answer due 1/20/2013. Service of the Summons and Complaint were executed upon Andrew Bucci, Assistant General Counsel at Defendant James T. Callahan's business address in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
| Filing 44 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Patrick L Sink served on 12/16/2012, answer due 2/15/2013. Service of the Summons and Complaint were executed upon Susan Harwood, Executive Assistant / Co-worker of Defendant Patrick L. Sink in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
| Filing 43 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Dennis Lundy served on 12/22/2012, answer due 2/15/2013. Service of the Summons and Complaint were executed upon Defendant Dennis Lundy in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 42 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Paul Bensi served on 12/31/2012, answer due 2/15/2013. Service of the Summons and Complaint were executed upon "Jane Doe," Co-Occupant of Defendant Paul Bensi in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
| Filing 41 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Daren Konopaski served on 12/20/2012, answer due 2/15/2013. Service of the Summons and Complaint were executed upon Monique Paullus, Secretary / Co-worker of Defendant Daren Konopaski in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
| Filing 40 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant James M Sweeney served on 12/22/2012, answer due 2/15/2013. Service of the Summons and Complaint were executed upon Dell Pierson, Attorney for Defendant James M. Sweeney in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
| Filing 39 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Brian E Hickey served on 12/16/2012, answer due 2/15/2013. Service of the Summons and Complaint were executed upon Valerie Jo Colvett, Director of Legal Department / Co-worker of Defendant Brian E. Hickey in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
| Filing 38 MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson: This action has been assigned to the calendar of Judge Dean D Pregerson. Counsel are referred to the courts website for additional information. It is not necessary to clear motion date with court clerk prior to filing the motion. Court hears motions only on Mondays at 10:00 AM. The Court requires two non-blue backed courtesy copies of only the following manual and electronic filed documents: (1) All noticed motions and related documents; and (2) All ex parte applications and related documents (3) all exhibits and attachments must be separately tabbed. [Refer to the Court's General Order No. 10-07 regarding ECF Courtesy Paper Copies and re location of Chambers Email address. (lc) |
| Filing 37 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Cynthia Escanuelas served on 12/28/2012, answer due 2/15/2013. Service of the Summons and Complaint were executed upon Robert Gomez, husband of Defendant Cynthia Escanuelas in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
| Filing 36 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Michael Gallagher served on 12/23/2012, answer due 2/15/2013. Service of the Summons and Complaint were executed upon Leanne Tabar, Assistant to Defendant Michael Gallagher in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
| Filing 35 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Sandra Acosta served on 11/30/2012, answer due 2/15/2013. Service of the Summons and Complaint were executed upon Defendant Sandra Acosta in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 34 NOTICE of Appearance filed by attorney Fredric D Woocher on behalf of Defendant Richard Griffin (Woocher, Fredric) |
| Filing 32 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Rodger Kaminska served on 12/6/2012, answer due 12/27/2012. Service of the Summons and Complaint were executed upon Defendant Rodger Kaminska in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 31 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant James Van Dyke served on 12/5/2012, answer due 12/26/2012. Service of the Summons and Complaint were executed upon Defendant James Van Dyke in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Jerry Kalmar served on 12/16/2012, answer due 1/6/2013. Service of the Summons and Complaint were executed upon "Jane Doe," Spouse / Co-Occupant of Defendant Jerry Kalmar in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
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Filing 33
ORDER REGARDING STIPULATION BETWEEN PLAINTIFFS AND DEFENDANT INTERNATIONAL UNION OF OPERATING ENGINEERS (1) EXTENDING ALL DEFENDANTS' TIME TO RESPOND AND (2) WAIVING LOCAL RULE 23-3 by Judge Christina A. Snyder: Upon Stipulation #26 , it is hereby ORDERED that: All Parties are granted an extension of time to respond to the Complaint until 2/15/2013, notwithstanding any prior extensions of time. Any currently unserved party that is served prior to 2/15/2013 shall have the later of the statutory response time or 2/15/2013 in which to respond to the Complaint. The requirements of Local Rule 23-3 are waived. The Parties shall discuss a proposed class certification briefing schedule or schedules in their Rule 26 Report filed prior to the Initial Scheduling Conference. (gk)
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Filing 29
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 1108397 DDP(VBKx). Case transferred from Judge Christina A. Snyder and Magistrate Judge Patrick J. Walsh to Judge Dean D. Pregerson and Magistrate Judge Victor B. Kenton for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 12-09324 DDP(VBKx).Signed by Judge Dean D. Pregerson (rn)
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| Filing 28 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Daniel J McGraw served on 12/3/2012, answer due 12/24/2012. Service of the Summons and Complaint were executed upon Defendant Daniel J. McGraw in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 27 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Cornell Sneaks served on 12/15/2012, answer due 1/5/2013. Service of the Summons and Complaint were executed upon Elyna Mansor, Receptionist at Defendant Cornell Sneaks' business address in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
| Filing 26 STIPULATION for Extension of Time to File Answer to February 15, 2013 re Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #17 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #25 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #6 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #19 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #18 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #16 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #5 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #15 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #23 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #21 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #20 , Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #12 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #24 , STIPULATION to Waive Local Rule 23-3 Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 filed by Plaintiffs Ann Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Daniel Himmelberg, James McLaughlin, Nye Nelson, Finn Pette, Glenn Szalay. (Attachments: #1 Proposed Order)(Leviant, Howard) |
| Filing 25 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Chris Brown served on 12/14/2012, answer due 1/4/2013. Service of the Summons and Complaint were executed upon Mary Brown, wife of Defendant Chris Brown in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Lewis Levy served on 12/14/2012, answer due 1/4/2013. Service of the Summons and Complaint were executed upon Marivel Soto, Receptionist at Defendant Lewis Levy's business address in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Able Engineering Services served on 12/9/2012, answer due 12/30/2012. Service of the Summons and Complaint were executed upon Elaine "Doe," Accounting Department, Employee of Defendant Able Engineering Services in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
| Filing 22 NOTICE of Appearance filed by attorney Laura S Trice on behalf of Defendant International Union of Operating Engineers (Trice, Laura) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Greg Lalevee served on 11/29/2012, answer due 12/20/2012. Service of the Summons and Complaint were executed upon Defendant Greg Lalevee in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Robert T Heenan served on 11/28/2012, answer due 12/19/2012. Service of the Summons and Complaint were executed upon Defendant Robert T. Heenan in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Richard Griffin served on 12/4/2012, answer due 12/25/2012. Service of the Summons and Complaint were executed upon Defendant Richard Griffin in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Vince Giblin served on 11/30/2012, answer due 12/21/2012. Service of the Summons and Complaint were executed upon Defendant Vince Giblin in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Louis G Rasetta served on 11/29/2012, answer due 12/20/2012. Service of the Summons and Complaint were executed upon Defendant Louis G. Rasetta in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Russell E Burns served on 12/10/2012, answer due 12/31/2012. Service of the Summons and Complaint were executed upon Mike Brandage, Receptionist / Co-worker in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant International Union of Operating Engineers served on 12/5/2012, answer due 12/26/2012. Service of the Summons and Complaint were executed upon Andrew Bucci, Assistant General Counsel in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 14 NOTICE of Appearance filed by attorney Stacey M Leyton on behalf of Defendant International Union of Operating Engineers (Leyton, Stacey) |
| Filing 13 NOTICE of Appearance filed by attorney Stephen P Berzon on behalf of Defendant International Union of Operating Engineers (Berzon, Stephen) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant William C Waggoner served on 12/10/2012, answer due 12/31/2012. Service of the Summons and Complaint were executed upon Karen Best, Receptionist at Defendant William C. Waggoner's business address in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Leviant, Howard) |
| Filing 11 NOTICE of Appearance filed by attorney Jonathan David Weissglass on behalf of Defendant International Union of Operating Engineers (Weissglass, Jonathan) |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to ABM Engineering Services answer now due 1/17/2013, re Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #5 , Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 filed by Plaintiffs Daniel Himmelberg; Finn Pette; Ann Brophy; John Crooks; Nye Nelson; Glenn Szalay; Robert Fox; Jay Brophy; James McLaughlin; Cheryl Culbreath.(Leviant, Howard) |
| Filing 9 NOTICE of Related Case(s) filed by Defendant International Union of Operating Engineers. Related Case(s): CV 11-08397 DDP (VBK) (Weissglass, Jonathan) |
| Filing 8 Notice of Withdrawal of Notice of Related Case(s) #7 filed by Defendant International Union of Operating Engineers. (Weissglass, Jonathan) |
| Filing 7 NOTICE of Related Case(s) filed by Defendant International Union of Operating Engineers. Related Case(s): CV 11-08397 DDP (VBK) (Weissglass, Jonathan) |
| Filing 6 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant Randy Henningfield served on 12/3/2012, answer due 12/24/2012. Service of the Summons and Complaint were executed upon Randy Henningfield in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Leviant, Howard) |
| Filing 5 PROOF OF SERVICE Executed by Plaintiff Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath, upon Defendant ABM Engineering Services served on 11/26/2012, answer due 12/17/2012. Service of the Summons and Complaint were executed upon Maria Sanchez of CT Corporation System, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons returned. (Leviant, Howard) |
| Filing 4 NOTICE TO COUNSEL by Judge Christina A. Snyder: This case has been assigned to the calendar of Judge Christina A. Snyder. Counsel are advised that the Court expects strict compliance with the provisions of the Local Rules and the Federal Rules of Civil Procedure. See document for details. (gk) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(ghap) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Ann Brophy, Jay Brophy, John Crooks, Cheryl Culbreath, Robert Fox, Daniel Himmelberg, James McLaughlin, Nye Nelson, Finn Pette, Glenn Szalay. (ghap) (mg). |
| Filing 1 COMPLAINT against Defendants ABM Engineering Services, Able Engineering Services, Sandra Acosta, Paul Bensi, Chris Brown, Russell E Burns, James T Callahan, Does, James Van Dyke, Cynthia Escanuelas, Michael Gallagher, Vince Giblin, Richard Griffin, Robert T Heenan, Randy Henningfield, Brian E Hickey, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, Greg Lalevee, Lewis Levy, Dennis Lundy, Terrance E McGowan, Daniel J McGraw, Louis G Rasetta, Jim Scranton, Patrick L Sink, Cornell Sneaks, James M Sweeney, William C Waggoner. Case assigned to Judge Christina A. Snyder for all further proceedings. Discovery referred to Magistrate Judge Patrick J. Walsh.(Filing fee $ 350:PAID) Jury Demanded., filed by plaintiffs Daniel Himmelberg, Finn Pette, Ann Brophy, John Crooks, Nye Nelson, Glenn Szalay, Robert Fox, Jay Brophy, James McLaughlin, Cheryl Culbreath.(ghap) (mg). |
| 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants ABM Engineering Services, Able Engineering Services, Sandra Acosta, Paul Bensi, Chris Brown, Russell E Burns, James T Callahan, James Van Dyke, Cynthia Escanuelas, Michael Gallagher, Vince Giblin, Richard Griffin, Robert T Heenan, Randy Henningfield, Brian E Hickey, International Union of Operating Engineers, Jerry Kalmar, Rodger Kaminska, Daren Konopaski, Greg Lalevee, Lewis Levy, Dennis Lundy, Terrance E McGowan, Daniel J McGraw, Louis G Rasetta, Jim Scranton, Patrick L Sink, Cornell Sneaks, James M Sweeney, William C Waggoner. (ghap) |
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