Jared Andresen et al v. International Paper Company et al
| Jared Andresen, Yeghia Bekiarian and John Duffy |
| Does and International Paper Company |
| 2:2013cv02079 |
| March 22, 2013 |
| US District Court for the Central District of California |
| Christina A. Snyder |
| Andrew J. Wistrich |
| Civil Rights: Jobs |
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Filing
293
SECOND AMENDED JUDGMENT 244 by Judge Christina A. Snyder: IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that judgment is entered as follows: (1) In favor of International Paper and against Farris on all of Farris's claims; (2) In favor of Int ernational Paper and against Andresen on all of Andresen's claims; (3) In favor of Duffy and against International Paper in the amount of $8,148.48 on Duffy's claim for commissions plus prejudgment and post judgment interest, and in fa vor of International Paper and against Duffy on all of Duffy's remaining claims; (4) In favor of International Paper and against Bekiarian on all of Bekiarian's claims; (5) The special verdict, and the jury's judgment thereon, is appro ved by the Court; (6) Plaintiffs Duffy, Andresen, and Bekiarian are ordered to pay International Paper $44,819.08 in costs plus post judgment interest; and (7) International Paper is ordered to pay Plaintiff Duffy's attorneys' fees in the amount of $159,330, and $13,125.53 in costs, plus post judgment interest. (gk)
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Filing
292
AMENDED JUDGMENT 244 by Judge Christina A. Snyder: IT IS ORDERED, ADJUDGED, AND DECREED that judgment is entered as follows: (1) In favor of International Paper and against Farris on all of Farris's claims; (2) In favor of International Paper and against Andresen on all of Andresen's claims; (3) In favor of Duffy and against International Paper in the amount of $8,148.48 on Duffy's claim for commissions plus prejudgment and post judgment interest, and in favor of Internatio nal Paper and against Duffy on all of Duffy's remaining claims; (4) In favor of International Paper and against Bekiarian on all of Bekiarian's claims; (5) The special verdict, and the jury's judgment thereon, is approved by the Court; (6) Plaintiffs Duffy, Andresen, and Bekiarian are ordered to pay International Paper $44,819.08 in costs plus post judgment interest; and (7) International Paper is ordered to pay Plaintiff Duffy's attorneys' fees in the amount of $159,330, and $13,125.53 in costs, plus post judgment interest. (gk)
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Filing
288
MINUTES (IN CHAMBERS) - DEFENDANT INTERNATIONAL PAPER COMPANY'S MOTION TO RECOVER COSTS PURSUANT TO LOCAL RULE 54-3.12 245 ; DEFENDANT'S APPLICATION TO TAX COSTS 246 ; PLAINTIFF JOHN DUFFY'S MOTION FOR ATTORNEYS' FEES AND C OSTS 248 ; PLAINTIFF JOHN DUFFYS APPLICATION TO TAX COSTS 249 by Judge Christina A. Snyder. In accordance with the foregoing, the Court GRANTS IN PART and DENIES IN PART defendant's motion 245 for other costs, and ALLOWS IN PART and DISALLOWS IN PART plaintiffs' objections to defendant's application to tax costs. Plaintiffs are ordered to pay IP a total of $44,819.08 in costs. In accordance with the foregoing the Court GRANTS IN PART and DENIES IN PART Duffys motion for attorneys' fees and costs 248 , awarding him $159,330 in attorneys' fees and $13,125.53 in costs. (See attached document for details.) (lom)
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Filing
287
MINUTES (IN CHAMBERS): ORDER PLAINTIFF JARED ANDRESEN AND JOHN DUFFYS MOTION FOR JUDGMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL (Dkt. No. 265, filed May 1, 2015) PLAINTIFF YEGHIA BEKIARIANS MOTION FOR A PARTIAL NEW TRIAL ON AMOUNT OF PAID ACCRUED VACATION DAYS OWED, NEW TRIAL ON WAITING TIME PENALTIES, OR ALTERNATIVELY, A NEW TRIAL ON ALL CLAIMS EXCEPT LIABILITY ON VACATION CLAIM (Dkt. No. 267, filed May 1, 2015) by Judge Christina A. Snyder: The Court DENIES the motion for a new trial. In accordance with the foregoing, Bekiarians motion for a new trial is DENIED.11 (see attached for further details) (pj)
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Filing
244
JUDGMENT by Judge Christina A. Snyder, NOW, IN LIGHT OF THE FOREGOING, IT IS THEREFOREORDERED, ADJUDGED, AND DECREED that judgment is entered as follows: 1. In favor of International Paper and against Farris on all of Farriss claims; 2. In favor of I nternational Paper and against Andresen on all of Andresens claims; 3. In favor of Duffy and against International Paper in the amount of $8,148.48 on Duffys claim for commissions, and in favor of International Paper and against Duffy on all of Duffys remaining claims; 4. In favor of International Paper and against Bekiarian on all of Bekiarians claims; and 5. The special verdict, and the jurys judgment thereon, is approved by the Court. (pj)
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Filing
163
MINUTES OF Various Motions in Limine Hearing held before Judge Christina A. Snyder: The Court finds and concludes as to the two consolidated cases [Farris EDCV 13-00485 CAS (SPx) and Andresen CV 13-02079 CAS (AJWx)] as follows: The Court GRANTS Plain tiff Farris's Motions in Limine No. 1 To Preclude Evidence of Farris's Business "My Three Sons" (Farris ECF No. 185). The Court DENIES Plaintiff Farris's Motions in Limine No. 2 To Preclude Evidence of Farriss Previously Clai med Damages (Farris ECF No. 186) without prejudice to a request for a limiting instruction if the evidence is offered at trial. The Court reserves judgment on Plaintiff Farris's Motions in Limine No. 3 To Exclude or Limit Expert Testimony of Rob ert Crandall (Farris ECF No. 191). Defendant is to file, no later than 11/24/2014, a brief updated summary of Crandall's expected trial testimony, not to exceed 10 pages. Crandall may not opine on ultimate issues to be decided by the jury. The C ourt GRANTS IN PART Plaintiff Farris's Motion in Limine No. 4 To Preclude Witnesses and Documents Set Forth in IP's Consolidated Amended Initial Disclosure (Farris ECF No. 187) insofar as it seeks to exclude Harrington from testifying at Ph ase I of the trial. The Court DENIES IN PART the motion insofar as it seeks to exclude Harrington from Phase II of the trial. The request to depose Harrington is DENIED without prejudice to being renewed. The Court GRANTS Plaintiff Farris's Moti on in Limine No. 5 To Preclude Evidence of or Argument About Farris's Alleged Scheme to Fabricate Vacation Claims (Farris ECF No. 188, joinder ECF No. 205). The Court DENIES Plaintiff Farris's Motion in Limine No. 6 For a Legal Determinatio n of Plaintiff's Final Rate of Pay (Farris ECF No. 189). The Court DENIES Plaintiff Farris's Motion in Limine No. 7 To Exclude Testimony by Gale Leach and Edith Rocha Regarding IP's Vacation Policy (Farris ECF No. 190) without prejudic e to its being renewed at trial. The Court GRANTS Plaintiff and Third-Party Defendant Bekiarian's Motion In Limine To Preclude Evidence of Maria Anaya (Farris ECF No. 102) to the extent that he seeks to exclude any reference to Anaya or an alleg ed affair. Bekiarian has also filed a notice that he joins in Farris's motion in limine number 5, which seeks to exclude evidence of an alleged scheme to fabricate vacation claims. (See Farris ECF No. 205) At oral argument, plaintiffs' coun sel clarified that Andresen and Duffy also joined in this motion. The Court GRANTS IN PART Plaintiffs Andresen, Bekiarian, and Duffy's Motion In Limine No. 1 To Preclude Evidence of Maria Anaya and Alleged Affairs (Andresen 133 ), ordering that defendants may not introduce any evidence pertaining to Anaya, any alleged affair, or Bekiarian's wife's absence on the purported trip to Las Vegas. The motion is DENIED IN PART only so that defendant may introduce any otherwise admissible evidence that Bekiarian himself was in Las Vegas for non-business reasons on a non-holiday workday but did not report it or denied it, to the extent such evidence is relevant to defendant's argument that Bekiarian's claimed vacation days s hould be reduced by vacation Bekiarian took to Las Vegas at the stated time. The Court GRANTS IN PART Plaintiffs Andresen, Bekiarian, and Duffy's Motion In Limine No. 2 To Preclude Evidence of Business Plaintiffs or Their Families Engaged in Out side of Working for IP and its Predecessors (Andresen 134 ). The Court will revisit at trial, if necessary, whether defendant may, for impeachment purposes only, ask questions aboutbut not offer extrinsic evidence ofAndresen and Duffy's alleged failure to report or tell the truth about the businesse. The Court GRANTS Plaintiffs Andresen, Bekiarian, and Duffy's Motion In Limine No. 3 To Preclude Allegations of Theft (Andresen 135 ). The Court GRANTS Plaintiffs Andresen, Bekiarian, and Duffy's Motion In Limine No. 4 To Preclude Evidence of Attorney-Client Privileged Correspondence (Andresen 136 ). Plaintiffs Andresen, Bekiarian, and Duffy's Motion In Limine No. 5 To Preclude Evidence Not Disclosed During Discovery (Andr esen 137 ) is GRANTED IN PART in that Harrington may not testify in Phase I of the bifurcated trial. The motion is MOOT insofar as it seeks to exclude photographic evidence because the Court finds that such evidence should be excluded for other reas ons. The Court grants Plaintiffs Andresen, Bekiarian, and Duffy's Motion In Limine No. 6 To Preclude Evidence of Alleged Misconduct Not Relating to Vacation Accruals (Andresen 138 ). The Court GRANTS Plaintiffs Andresen, Bekiarian, and Duffy� 39;s Motion In Limine No. 7 To Preclude Use of Photographs at Trial (Andresen 139 ). The Court reserves judgment on Plaintiffs Andresen, Bekiarian, and Duffy's Motion In Limine No. 8 To Exclude Expert Witness Lloyd Aubry, Jr. (Andresen 155 ). Defendant is to file, no later than 11/24/2014, a brief updated summary of Aubry's expected trial testimony. The Court DENIES Defendant IP's Motion In Limine No. 1 To Exclude Evidence Regarding Unused, Accrued Vacation for Periods of Time f or Which Plaintiffs Failed to Produce Documentation (Farris ECF No. 192). The Court GRANTS Defendant IP's Motion In Limine No. 2 To Exclude Evidence of Unrelated Complaints About IP (Farris ECF No. 193). The Court DENIES Defendant IP's Moti on In Limine No. 3 To Exclude Testimony of Other Commissioned Sales Representatives (Farris ECF No. 203). As the Court explained at oral argument, however, testimony from as many as nine sales employees in addition to plaintiffs would be cumulative a nd time-consuming. Therefore, barring unforeseen developments, plaintiffs will only be permitted to call three such witnesses. The Court reserves judgment on Defendant IP's Motion In Limine No. 4 To Exclude Evidence or Argument Regarding Labor C ommissioner Complaints Filed by Duffy and Other Sales Representatives (Farris ECF No. 194). The Court DENIES Defendant IP's Motion In Limine No. 5 To Exclude Evidence Related to Third-Party Witnesses Bob Renaud and Bob Kocis (Farris ECF No. 195) without prejudice to its being renewed at trial. The Court reserves judgment on Defendant IP's Motion In Limine No. 6 To Exclude Farris's Expert Rebuttal Witness Miles E. Locker (Farris ECF No. 196). Farris is to file, no later than 11/24/ 2014, a brief updated summary of Locker's expected trial testimony. The Court GRANTS Defendant IP's Motion In Limine No. 7 To Exclude Evidence Regarding IP's Profits, Financial Condition, Net Worth, or Size (Farris ECF No. 197). Nevert heless, the Court will revisit the issue if IP suggests that it is unable to pay any of the claims at issue or otherwise makes its finances relevant. The Court GRANTS Defendant IP's Motion In Limine No. 8 To Exclude Evidence Regarding Bekiarian& #039;s Dismissed Claims for Indemnification (Farris ECF No. 198) insofar as it seeks to exclude evidence or argument concerning those provisions. The Court DENIES Defendant IP's Motion In Limine No. 9 To Exclude Evidence that Bekiarian Was Entit led to Vacation Pay (Farris ECF No. 199). The Court GRANTS Defendant IP's Motion In Limine No. 10 To Preclude Video Deposition Testimony of Available Witnesses (Farris ECF No. 200) insofar as it seeks to exclude video deposition testimony at the se stages of trial. The Court DENIES AS MOOT Defendant IP's Motion In Limine No. 11 To Exclude Testimony Regarding Christopher Farris (Farris ECF No. 201) insofar as it seeks to exclude Christopher Farris as a witness, and will address the issue of any documentary evidence addressing him if and when any plaintiff attempts to offer it at trial. The Court DENIES Defendant IP's Motion In Limine No. 12 To Bifurcate Commission and Severance-Based Claims (Farris ECF No. 202). the Court reser ves judgment on Defendant IP's Motion In Limine No. 13 To Exclude Rebuttal Expert Daniel M. Cornet (Andresen 152 ). Farris is to file, no later than 11/24/2014, a brief updated summary of Cornet's expected trial testimony. Court Reporter: Pat Cuneo. (gk)
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Filing
125
MINUTES OF Motion Hearing held before Judge Christina A. Snyder: The Court DENIES Plaintiff Yeghia Bekiarian's Motion for Reconsideration of the Court's 8/11/2014 order granting defendant International Paper Company, d/b/a Container the Americas's 12(B)(6) Motion 80 . Court Reporter: Laura Elias. (gk)
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Filing
116
MINUTES OF Motion Hearing held before Judge Christina A. Snyder: Defendant's Motions 75 , 76 , 77 are GRANTED in part and DENIED in part. Specifically, the court GRANTS summary judgment on Andresen's and Duffy's claims for unpaid commissions, and otherwise DENIES the motions. Court Reporter: Laura Elias. (gk)
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Filing
65
MINUTES OF Motion Hearing held before Judge Christina A. Snyder: Defendants International Paper Company, d/b/a Container the Americas' ("IP") Motion to Dismiss Yeghia Bekiarian's Reply Counterclaim 61 is GRANTED IN PART and DEN IED IN PART. Specifically, IP's motion is GRANTED insofar as it is grounded on California Labor Code Section 2802 and IP's corporate bylaws. IP's motion is DENIED insofar as it is grounded on California Corporations Code Section 317. Bekiarian shall have leave to file an amended reply counterclaim no later than 9/18/2014 that corrects the deficiencies identified herein. Court Reporter: Laura Elias. (gk)
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Filing
56
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court hereby DENIES Plaintiff Yeghia Bekarian's motion to dismiss defendant International Paper Company, d/b/a Container the Americas' counterclaims 44 . Court Reporter: Not Present. (gk)
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Filing
55
PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich re Stipulation for Protective Order 53 (yb)
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Filing
29
MINUTES OF Motion Hearing held before Judge Christina A. Snyder: The Court DENIES Defendant's Motion to Dismiss 22 . Court Reporter: Laura Elias. (gk)
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Filing
20
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court GRANTS in part and DENIES in part Defendant's Motion to Dismiss 15 without prejudice. Plaintiffs may file an amended complaint addressing the deficiencies identified herein within 20 days of the date of this order. Failure to do so will result in the dismissal of their claim for failure to pay vested vacation wages, and all of plaintiff Bekiarian's claims, with prejudice. Court Reporter: Not Present. (gk)
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