Christopher M. Litty v. Merrill Lynch & Co. Inc. et al
| Christopher M. Litty |
| Bank of America Corporation, Merrill Lynch & Co. Inc. and Merrill Lynch, Pierce, Fenner & Smith Inc. |
| Andrew Blum, Zaq Harrison, Celeste Orozco and Derrick Chambers |
| 2:2014cv00425 |
| January 17, 2014 |
| US District Court for the Central District of California |
| Percy Anderson |
| Patrick J Walsh |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 135
ORDER DISMISSING CASE by Judge Percy Anderson, re Notice of Voluntary Dismissal of an Action (Pursuant to FRCP 41a(1)) #133 . See document for details. Case Terminated. Made JS-6. (smo)
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| Filing 134 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Voluntary Dismissal of Entire Action #133 . The following error(s) was found: Other error(s) with document(s) are specified below: This Stipulation requires the judge's approval, as an answer was filed on 6/16/2014. Proposed Order not submitted pursuant to Local Rule 52-4.1. 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. (bm) |
| Filing 133 NOTICE of Voluntary Dismissal filed by Plaintiff Christopher M. Litty. Dismissal is with and without prejudice. (Manifold, Betsy) |
| Filing 132 Notice of Appearance or Withdrawal of Counsel: for attorney Brian D Fahy counsel for Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. Adding Brian D. Fahy as counsel of record for Defendants Merrill Lynch & Co., Inc.; Merrill Lynch, Pierce, Fenner & Smith, Inc.; and Bank of America Corporation for the reason indicated in the G-123 Notice. Filed by Defendants Defendants Merrill Lynch & Co., Inc.; Merrill Lynch, Pierce, Fenner & Smith, Inc.; and Bank of America Corporation. (Attorney Brian D Fahy added to party Bank of America Corporation(pty:dft), Attorney Brian D Fahy added to party Merrill Lynch & Co. Inc.(pty:dft), Attorney Brian D Fahy added to party Merrill Lynch, Pierce, Fenner & Smith Inc.(pty:dft))(Fahy, Brian) |
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Filing 131
MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: The Motion for Preliminary Approval of Settlement and Filing of Third Amended Complaint #106 denied. Accordingly, the Motion to Intervene #112 is denied as moot. The Court sets a Pretrial Conference for 5/22/2015 at 1:30 PM. Trial is hereby scheduled to commence on 6/9/2015 at 8:30 AM. All pretrial documents should be filed no later than 5/15/2015. Court Reporter: Not Reported. (gk)
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| Filing 130 RESPONSE filed by Intervenor Plaintiffs Andrew Blum, Derrick Chambers, Zaq Harrison, Celeste Orozcoto Objection/Opposition (Motion related), #129 (Sagafi, Jahan) |
| Filing 129 OBJECTION re: MOTION to Intervene #112 The Parties' Objection to Plaintiff-Intervenors' Reply in Support of Motion to Intervene and Notice of Supplemental Authority in Further Opposition to Motion to Intervene filed by Plaintiff Christopher M. Litty. (Attachments: #1 Exhibit A, #2 Exhibit B)(Manifold, Betsy) |
| Filing 128 REPLY in Support MOTION to Intervene #112 filed by Intervenor Plaintiffs Andrew Blum, Derrick Chambers, Zaq Harrison, Celeste Orozco. (Sagafi, Jahan) |
| Filing 127 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Notice of Under Seal Filing filed Bank of America #116 . The document is accepted as filed. Docket entry 116 is entitled "NOTICE of under seal filing," however, the document attached to the docket entry is "DEFENDANTS' EX PARTE APPLICATION TO PLACE UNDER SEAL EXHIBIT "A" TO JAHAN C. SAGAFI'S DECLARATION Filed in Support of Plaintiff-Intervenor's Motion to Intervene." The Docket Clerk is instructed to modify the docket entry to reflect the true name of the document. (gk) |
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Filing 126
ORDER GRANTING DEFENDANTS' EX PARTE APPLCATION TO PLACE UNDER SEAL EXHIBIT "A" TO JAHAN C. SAGAFI'S DECLARATION FILED IN SUPPORT OF PLAINTIFF-INTERVENORS' MOTION TO INTERVENE by Judge Percy Anderson: The Court hereby GRANTS Defendants' Application #116 , and directs the clerk to place Exhibit "A" to Jahan C. Sagafi's Declaration filed in Support of Plaintiff-Intervenors' Motion to Intervene #113 under seal. (gk)
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| Filing 125 MINUTES by Judge Percy Anderson: Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds the Joint Motion for Preliminary Approval of Class Settlement #106 appropriate for decision without oral argument. The hearing calendared for 4/13/2015 is vacated, and the matter taken off calendar. The Court takes the matter under submission. Additionally, the Court hereby vacates the final pretrial conference scheduled for 4/17/2015. Court Reporter: N/A. (gk) |
| Filing 124 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendants' Ex Parte Application to Place Under Seal Exhibit "A" to Jahan C. Sagafi's Declaration Filed in Support of Plaintiff-Intervenor's Motion to Intervene filed 4/3/2015 #116 . The following error(s) was found: Incorrect event selected. The correct event is: Ex Parte Applications - Order. Notice of Under Seal Filing event utilized for docketing this 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. (gk) |
| Filing 123 NOTICE OF LODGING filed by Intervenor Plaintiffs Andrew Blum, Derrick Chambers, Zaq Harrison, Celeste Orozco re MOTION to Intervene #112 (Attachments: #1 Proposed Order Re Plaintiff-Intervenors' Motion to Intervene)(Sagafi, Jahan) |
| Filing 122 DECLARATION of Joseph Bush in opposition to MOTION to Intervene #112 filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Mandel, Michael) |
| Filing 121 DECLARATION of Regina A. Musolino in opposition to MOTION to Intervene #112 filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Mandel, Michael) |
| Filing 120 OPPOSITION re: MOTION to Intervene #112 filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Attachments: #1 Proposed Order)(Mandel, Michael) |
| Filing 119 DECLARATION of Betsy C. Manifold in Opposition to MOTION to Intervene #112 Declaration of Betsy C. Manifold in Support of Plaintiff's Opposition to Plaintiff-Intervenors' Motion to Intervene filed by Plaintiff Christopher M. Litty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Manifold, Betsy) |
| Filing 118 MEMORANDUM in Opposition to MOTION to Intervene #112 Plaintiff's Opposition to Plaintiff-Intervenors' Motion to Intervene filed by Plaintiff Christopher M. Litty. (Attachments: #1 Proposed Order)(Manifold, Betsy) |
| Filing 117 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Exhibit to Motion #114 by Judge Percy Anderson. The document is stricken and counsel is ordered to file an amended or corrected document by 4/10/2015. (pj) |
| Filing 116 EX PARTE APPLICATION to Place Under Seal Exhibit "A" to Jahan C. Sagafi's Declaration Filed in Support of Plaintiff-Intervenor's Motion to Intervene filed by Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc. (Attachments: #1 Proposed Order, #2 Declaration of Regina Musolino)(Mandel, Michael) ** DOCKET ENTRY MODIFIED PURSUANT TO RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 4/13/2015 #127 ** Modified on 4/13/2015 (gk). |
| Filing 115 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit to Motion #114 . The following error(s) was found: Incorrect event selected.Proposed Document was not submitted as separate attachment.Title page is missing. The correct event is: Notice of Lodging under NOTICES. 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. (pj) |
| Filing 114 EXHIBIT to MOTION to Intervene #112 [Proposed] Order filed by Intervenor Plaintiffs Andrew Blum, Derrick Chambers, Zaq Harrison, Celeste Orozco. (Sagafi, Jahan) Modified on 4/3/2015 (pj). **STRICKEN** |
| Filing 113 DECLARATION of Jahan C. Sagafi in support of MOTION to Intervene #112 filed by Intervenor Plaintiffs Andrew Blum, Derrick Chambers, Zaq Harrison, Celeste Orozco. (Attachments: #1 SEALED ATTACHMENT - Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Sagafi, Jahan) ** SEALED EXHIBIT A PURSUANT TO ORDER OF 4/9/2015 #126 ** Modified on 4/10/2015 (gk). |
| Filing 112 NOTICE OF MOTION AND MOTION to Intervene filed by Plaintiff-Intervenor Andrew Blum, Zaq Harrison, Celeste Orozco, Derrick Chambers. Motion set for hearing on 4/27/2015 at 01:30 PM before Judge Percy Anderson. (Attorney Jahan C Sagafi added to party Andrew Blum(pty:intvp), Attorney Jahan C Sagafi added to party Zaq Harrison(pty:intvp), Attorney Jahan C Sagafi added to party Celeste Orozco(pty:intvp), Attorney Jahan C Sagafi added to party Derrick Chambers(pty:intvp))(Sagafi, Jahan) |
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Filing 111
DENIED PROPOSED ORDER GRANTING JOINT STIPULATION TO SHORTEN TIME FOR THE HEARING ON JOINT MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT, OR IN THE ALTERNATIVE DECIDE JOINT MOTION ON THE PAPERS by Judge Percy Anderson, re Stipulation for Hearing #110 . (SEE ATTACHED FOR FURTHER DETAILS) (pj)
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| Filing 110 STIPULATION for Hearing re Declaration (Motion related),, #107 filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Attachments: #1 Proposed Order)(Mandel, Michael) |
| Filing 109 Notice of Appearance or Withdrawal of Counsel: for attorney Michael David Mandel counsel for Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. Truc T. Nguyen is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants MERRILL LYNCH & CO., INC.; MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.; and BANK OF AMERICA CORPORATION. (Mandel, Michael) |
| Filing 108 DECLARATION of Christopher M. Litty in Support of MOTION to Certify Class MOTION for Settlement Approval Notice of Motion and Motion for Preliminary Approval of Settlement and Filing of [Proposed] Third Amended Complaint; Plaintiff's Memorandum of Points and Authorities in Support Thereof #106 filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 107 DECLARATION of Betsy C. Manifold in Support of MOTION to Certify Class MOTION for Settlement Approval Notice of Motion and Motion for Preliminary Approval of Settlement and Filing of [Proposed] Third Amended Complaint; Plaintiff's Memorandum of Points and Authorities in Support Thereof #106 filed by Plaintiff Christopher M. Litty. (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D, #6 Exhibit 1-E, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5)(Manifold, Betsy) |
| Filing 106 NOTICE OF MOTION AND MOTION to Certify Class ( Motion set for hearing on 4/13/2015 at 01:30 PM before Judge Percy Anderson.), MOTION for Settlement Approval Notice of Motion and Motion for Preliminary Approval of Settlement and Filing of [Proposed] Third Amended Complaint; Plaintiff's Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Christopher M. Litty. (Attachments: #1 Proposed Order)(Manifold, Betsy) |
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Filing 104
ORDER Directing Parties to File Motion for Settlement Approval by Judge Percy Anderson, re Notice of Settlement #103 . Note: Changes Made by the Court. The Parties shall file appropriate papers to seek approval of their proposed settlement no later than 21 days from the date of this Order. (smo)
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Filing 105
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson, re: Notice of Settlement #103 . The Court has been advised by counsel that this matter has settled. The parties have ten (10) days from the date of this order or until the next scheduled court appearance, whichever is shorter, to file with the court a dismissal of the action or to appear, in-person or telephonically with their clients, to place the settlement on the record. The parties may contact the deputy clerk of the court to calendar the appearance. If the parties do not dismiss the action or do not place the settlement on the record, the matter will remain on the Court's active trial calendar with all pretrial and trial dates in effect. (smo)
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| Filing 103 NOTICE of Settlement and Request to Vacate Dates; and [Proposed] Order Thereon filed by plaintiff Christopher M. Litty. (Attachments: #1 Proposed Order)(Manifold, Betsy) |
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Filing 102
ORDER from 9th CCA filed, CCA # 14-80116. Petitioner's motion for leave to file a reply brief in support of the petition for permission to appeal is granted. The court, in its discretion, denies the petition for permission to appeal the district court's August 4, 2014 order denying class action certification. Order received in this district on 11/20/14. (mat)
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Filing 101
MINUTES (IN CHAMBERS)COURT ORDER by Judge Percy Anderson: Before the Court is a Motion to Strike Any Class, Collective, or Representative Allegations orClaims in the Second Amended Complaint, or For An Order Requiring Amendment of Pleadings to Eliminate Same (Motion) filed by defendants Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., and Bank of America Corporation (collectively Defendants) #98 . Plaintiff Christopher M. Litty (Plaintiff) has filed an Opposition. Pursuant to Rule 78 of the FederalRules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for November 10, 2014, is vacated, and the matter taken off calendar. The Court grants Defendants Motion to Strike Any Class, Collective, or Representative Allegations or Claims in the Second Amended Complaint pursuant to Federal Rule of Civil Procedure 12(f). Defendants Motion to Order Amendment of Pleadings is denied. Defendants Request for Judicial Notice is denied. (SEE DOCUMENT FOR FURTHER DETAILS) (vv)
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| Filing 100 REPLY in Support of MOTION to Strike Any Class, Collective, or Representative Action Allegations or Claims in the Second Amended Complaint and/or For An Order Requiring Amendment of Pleadings to Eliminate Same #98 filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Attachments: #1 Exhibit A)(Mandel, Michael) |
| Filing 99 OPPOSITION re: MOTION to Strike Any Class, Collective, or Representative Action Allegations or Claims in the Second Amended Complaint and/or For An Order Requiring Amendment of Pleadings to Eliminate Same #98 filed by Plaintiff Christopher M. Litty. (Attachments: #1 Proposed Order)(Manifold, Betsy) |
| Filing 98 NOTICE OF MOTION AND MOTION to Strike Any Class, Collective, or Representative Action Allegations or Claims in the Second Amended Complaint and/or For An Order Requiring Amendment of Pleadings to Eliminate Same filed by Defendant Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. Motion set for hearing on 11/10/2014 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Mandel, Michael) |
| Filing 97 MINUTES - IN CHAMBERS by Judge Percy Anderson: The Court issued an Order dated August 14, 2014, setting trial and pretrial dates in this action #93 . The Court hereby modifies those dates. Jury Trial set for 5/19/2015 09:00 AM before Judge Percy Anderson. File Final Trial Exhibit Stipulation 5/14/2015. Hearing on Motions in Limine and Hearing on Disputed Jury Instructions at 1:30 PM 5/15/2015. Final Pretrial Conference set for 4/17/2015 01:30 PM before Judge Percy Anderson. Motions in Limine to be filed by 4/17/2015. Proposed Voir Dire Questions & Agreed-to Statement of Case 4/17/2015. Lodge Pretrial Conference Order & Pretrial Exhibit Stipulation by 4/3/2015. File Contentions of Fact & Law 4/3/2015. Exhibit List due by 4/3/2015. Witness List due by 4/3/2015. File Joint Status Report Regarding Settlement by 4/3/2015. File Agreed Upon Set of Instructions & Verdict Forms 4/3/2015. File Joint Statement Regarding Disputed Instructions, Verdicts, etc. Last date to conduct settlement conference is 3/23/2015. Last Day for Hearing Motions 3/16/2015. Discovery cut-off 3/9/2015. Last Day for Hearing on Motion to Amend Pleadings or Add Parties 11/10/2014. Court Reporter: Not Reported. (gk) |
| Filing 96 NOTICE OF SELECTION OF PRIVATE MEDIATOR filed by plaintiff Christopher M. Litty. (Manifold, Betsy) |
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Filing 95
SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. SEE ORDER. (im)
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Filing 94
CIVIL TRIAL ORDER by Judge Percy Anderson. SEE ORDER. (im)
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| Filing 93 MINUTES - IN CHAMBERS by Judge Percy Anderson: The Court has received the parties' joint 26(f) report and supplement and finds that a scheduling conference is not necessary. The scheduling conference currently on calendar for 8/18/2014 at 10:30 AM is hereby vacated, and the matter taken off calendar. Pursuant to the agreement of the parties, this matter has been referred to private mediation. The parties have 14 days to select a mediator who has no conflicts and is otherwise available to act as the settlement officer in this matter. Jury Trial set for 5/18/2015 09:00 AM before Judge Percy Anderson. Final Pretrial Conference set for 4/16/2015 01:30 PM before Judge Percy Anderson. Motions in Limine to be filed by 4/16/2015. Lodge Pretrial Conference Order & Pretrial Exhibit Stipulation by 4/2/2015. Exhibit List due by 4/2/2015. Witness List due by 4/2/2015. File Joint Status Report Regarding Settlement by 4/2/2015. Last date to conduct settlement conference is 3/22/2015. Last Day for Hearing Motions 3/15/2015. Discovery cut-off 3/8/2015. Last Day for Hearing on Motion to Amend Pleadings or Add Parties 11/10/2014. Court Reporter: Not Reported. (gk) |
| Filing 92 SUPPLEMENT to Joint Report Rule 26(f) Discovery Plan #89 filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 91 NOTICE OF SERVICE OF PLAINTIFF'S INITIAL DISCLOSURES filed by PLAINTIFF Christopher M. Litty. (Manifold, Betsy) |
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Filing 90
MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: The Court denies Plaintiff's Motion for Class Certification #36 . Additionally, the Court denies Plaintiff's Motion for Preliminary Certification of Collective Action #31 . Court Reporter: Not Reported. (gk)
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| Filing 89 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial TBD, filed by Plaintiff Christopher M. Litty.. (Manifold, Betsy) |
| Filing 88 UNREDACTED SUPPLEMENTAL DECLARATION of Betsy C. Manifold (i) in Support of Plaintiff's Ex Parte Application to File Confidential Documents Produced Pursuant to Protective Order Under Seal (Civ.L.R. 79-5.1) #84 ; and (ii) in Further Support of Plaintiff's Motion for Class Certification (Fed. R. Civ. P. 23) #36 filed by Plaintiff Christopher M. Litty. (gk) (Additional attachment(s) added on 8/4/2014: #1 SEALED EXHIBITS R-Z AND AA-CC, #2 SEALED EXHIBITS DD) (gk). |
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Filing 87
ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION TO FILE UNDER SEAL by Judge Percy Anderson: The Court hereby GRANTS Plaintiff's Ex Parte Application to File Under Seal #84 and ORDERS that Exhibits R - DD attached to the Unredacted Supplemental Declaration of Betsy C. Manifold be filed under seal. IT IS FURTHER ORDERED that Plaintiff's Supplemental Brief be redacted to remove all information derived from any of the foregoing Exhibits filed under seal. This order is granted for purposes of the pending motion only. (gk)
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| Filing 86 MEMORANDUM in Opposition To Plaintiff's Supplemental Brief In Further Support Of Motion For Class Certification Or In The Alternative, To Permit Pre-Certification Discovery And To Extend Plaintiff's Deadline To File His Class Motion filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Attachments: #1 Declaration of Regina A. Musolino)(Mandel, Michael) |
| Filing 85 EXHIBIT HH to MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 Correction to Dkt. 82 filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 84 EX PARTE APPLICATION for Order for PERMISSION TO FILE CONFIDENTIAL DOCUMENTS PRODUCED PURSUANT TO PROTECTIVE ORDER UNDER SEAL [Civ.L.R. 79-5.1]; filed by plaintiff Christopher M. Litty. (Attachments: #1 Proposed Order)(Manifold, Betsy) |
| Filing 83 NOTICE of Manual Filing filed by Plaintiff Christopher M. Litty of plaintiff. (Manifold, Betsy) |
| Filing 82 DECLARATION of Betsy C. Manifold in further support of MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 Supplemental Declaration in Support of Plaintiff's Ex Parte Application to File Confidential Exhibits Under Seal filed by Plaintiff Christopher M. Litty. (Attachments: #1 Exhibit [REDACTED] R-DD, #2 Exhibit EE, #3 Exhibit FF, #4 Exhibit GG, #5 Exhibit HH, #6 Exhibit II)(Manifold, Betsy) |
| Filing 81 SUPPLEMENT to MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 [REDACTED] filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
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Filing 80
PROTECTIVE ORDER by Magistrate Judge Patrick J. Walsh re Stipulation for Protective Order #78 . See order for details. (jy)
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| Filing 79 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE set for August 18, 2014, at 10:30 a.m. by Judge Percy Anderson. SEE ORDER. (im) |
| Filing 78 STIPULATION for Protective Order filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Attachments: #1 Proposed Order)(Mandel, Michael) |
| Filing 77 ANSWER to Plaintiff's Second Amended Class and Collective Action Complaint filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc..(Mandel, Michael) |
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Filing 76
MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: Before the Court are Plaintiff's Motion for Federal Rule of Civil Procedure 23 Class Certification, or in the Alternative, to Permit Pre-Certification Discovery and to Extend Plaintiff's Deadline under Local Rule 23-3 #36 , a Motion for Preliminary Certification of Collective Action #31 , and Plaintiff's Request for Presence of Defendants' Declarants at 6/2/2014 Hearing, or in the Alternative, the Right to Cross-Examine by Deposition before Hearing #68 . Despite Plaintiff's failure to comply with the Local Rules, the Court has considered Plaintiff's Request. The Court concludes that Plaintiff has provided sufficient good cause for a short continuance of the Local Rule 23-3 deadline and limited precertification discovery. This discovery is limited to whether Plaintiff is similarly situated to other Financial Advisors or Financial Advisor Trainees and whether Plaintiff's experiences are common to those of other employees with the same job title. Defendants have provided evidence that Plaintiff is not similarly situated and that his experiences are not common to those of other Financial Advisors. Plaintiff requests an opportunity to cross-examine or depose Defendants' Declarants Marc Lipson, Martin Martorana, and Amir Monsefi. The Court orders the parties to meet and confer within 14 days of the date of this order and arrange a time for depositions. These depositions are limited to 1 hour and limited to the scope of their declarations. The Court therefore continues the hearing to 8/4/2014 at 01:30 PM before Judge Percy Anderson. Plaintiff's Supplemental Brief shall be filed on or before 7/14/2014, and Defendants' Supplemental Brief shall be filed on or before 7/21/2014. Court Reporter: None. (gk)
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Filing 75
MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: The Court grants in part and denies in part Defendants Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., and Bank of America Corporation's Motion to Dismiss Plaintiff's Second Amended Complaint, or in the Alternative, to Strike the Collective and Class Allegations #22 . Defendants' Motion is granted as to Plaintiff's Cal. Lab. Code Section 406(a) claim. Defendants' Motion is denied in all other respects. Defendants shall file their Answers to the Second Amended Complaint by 6/16/2014. Court Reporter: Not Reported. (gk)
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| Filing 74 OBJECTION to Plaintiff's Request for Presence of Defendants' Declarants at June 2, 2014 Hearing on Motion For Class Certification re: MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Attachments: #1 Proposed Order)(Mandel, Michael) |
| Filing 73 DECLARATION of Betsy C. Manifold IN FURTHER SUPPORT OF MOTION to Certify Preliminary Certification of Collective Action #31 Supplemental filed by Plaintiff Christopher M. Litty. (Attachments: #1 Exhibit R, #2 Exhibit S)(Manifold, Betsy) |
| Filing 72 PLAINTIFFS EVIDENTIARY OBJECTIONS TO EVIDENCE OFFERED IN SUPPORT OF DEFENDANTS MERRILL LYNCH & CO., INC., MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.; AND BANK OF AMERICA CORPORATIONS OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY CERTIFICATION OF COLLECTIVE ACTION re MOTION to Certify Preliminary Certification of Collective Action #31 filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 71 PLAINTIFFS RESPONSES TO DEFENDANTS MERRILL LYNCH & CO., INC., MERRILL LYNCH PIERCE, FENNER & SMITH, INC., AND BANK OF AMERICA CORPORATIONS EVIDENTIARY OBJECTIONS TO EVIDENCE OFFERED IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY CERTIFICATION OF A COLLECTIVE ACTION re MOTION to Certify Preliminary Certification of Collective Action #31 filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 70 REPLY in further support of MOTION to Certify Preliminary Certification of Collective Action #31 filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 69 PLAINTIFFS RESPONSE TO DEFENDANTS NOTICE OF RECENT PERSUASIVE AUTHORITY IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION (DKT. 63) re MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 68 NOTICE OF PLAINTIFFS REQUEST FOR PRESENCE OF DEFENDANTS DECLARANTS, LIPSON, MARTORANA, AND MONSEFI, AT JUNE 2, 2014 HEARING ON MOTION FOR CLASS CERTIFICATION, OR IN THE ALTERNATIVE, THE RIGHT TO CROSS-EXAMINE BY DEPOSITION BEFORE HEARING [Civ.L.R. 7-8]; AND [PROPOSED] ORDER THEREON re MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 filed by Plaintiff Christopher M. Litty. (Attachments: #1 Proposed Order)(Manifold, Betsy) |
| Filing 67 PLAINTIFF'S EVIDENTIARY OBJECTIONS IN OPPOSITION TO EVIDENCE IN SUPPORT OF DEFENDANTS' OPPOSITION TO re: MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 CORRECTING DKT. #65 filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 66 PLAINTIFF CHRISTOPHER M. LITTYS RESPONSE TO DEFENDANTS MERRILL LYNCH & CO., INC., MERRILL LYNCH PIERCE, FENNER & SMITH, INC., AND BANK OF AMERICA CORPORATIONS EVIDENTIARY OBJECTIONS TO EVIDENCE OFFERED IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 65 PLAINTIFF'S EVIDENTIARY OBJECTIONS TO EVIDENCE OFFERED IN SUPPORT OF DEFENDANTS MERRILL LYNCH & CO., INC., MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.; AND BANK OF AMERICA CORPORATIONS OPPOSITION TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 64 REPLY in further support of MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 63 STATEMENT of Recent Persuasive Authority in Support of Defendants' Opposition to MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Attachments: #1 Exhibit A -- Rea v. Michaels Stores, Inc., Order Denying Class Certification)(Mandel, Michael) |
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Filing 62
ORDER GRANTING PARTIES' STIPULATION by Judge Percy Anderson: Upon Stipulation #18 , the court hereby makes the following orders: Plaintiff's request for leave to file the [Proposed] Second Amended Class And Collective Action Complaint ("SAC") is hereby granted, and the Second Amended Complaint is deemed filed and served as of the date this order is entered into the Court's docket. Defendants' time to answer, move to dismiss, or otherwise respond to Plaintiff's SAC shall be extended 14 days from the date of entry of this order pursuant to Rule 15 of the Federal Rules of Civil Procedure and L.R. 15-3, but in any event shall be no later than 4/15/2014. (gk)
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| Filing 61 NOTICE OF LODGING filed re MEMORANDUM in Opposition to Motion, #50 (Attachments: #1 Exhibit A - Proposed Order Denying Defendants' Motion to Dismiss)(Manifold, Betsy) |
| Filing 60 EVIDENTIARY OBJECTIONS IN OPPOSITION TO re: MOTION to Certify Preliminary Certification of Collective Action #31 filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Mandel, Michael) |
| Filing 59 APPENDIX OF EVIDENCE IN SUPPORT OF OPPOSITION IN OPPOSITION TO re: MOTION to Certify Preliminary Certification of Collective Action #31 filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Mandel, Michael) |
| Filing 58 OPPOSITION IN OPPOSITION TO re: MOTION to Certify Preliminary Certification of Collective Action #31 filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Attachments: #1 Proposed Order)(Mandel, Michael) |
| Filing 57 OBJECTIONS TO EVIDENCE SUBMITTED BY PLAINTIFF In Opposition To re: MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Mandel, Michael) |
| Filing 56 APPENDIX OF EVIDENCE IN SUPPORT OF OPPOSITION In Opposition To re: MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Mandel, Michael) |
| Filing 55 MEMORANDUM in Opposition to MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Attachments: #1 Exhibit (A) Order from Ubalde v. Prudential Securities, Inc., #2 Exhibit (B) U.S. DOL Opinion Letter FLSA2006-43, #3 Proposed Order)(Mandel, Michael) |
| Filing 54 REPLY in Support of MOTION to Dismiss Case DEFENDANTS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT, OR, IN THE ALTERNATIVE, TO STRIKE THE COLLECTIVE AND CLASS ALLEGATIONS PURSUANT TO FED. R. CIV. P. 12(b)(6), 12(f), and/or 23(d)(1)(D): #22 filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Mandel, Michael) |
| Filing 53 NOTICE OF ERRATA filed by Plaintiff Christopher M. Litty. correcting MEMORANDUM in Opposition to Motion, #50 (Attachments: #1 Exhibit A Plaintiff's Corrected Memorandum of Points and Authorities in Opposition to Defs. Motion to Dismiss (Dkt. 22))(Manifold, Betsy) |
| Filing 52 DECLARATION of Christopher M. Litty in support of Plaintiff's Memorandum of Points and Authorities In Opposition to MOTION to Dismiss Case DEFENDANTS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT, OR, IN THE ALTERNATIVE, TO STRIKE THE COLLECTIVE AND CLASS ALLEGATIONS PURSUANT TO FED. R. CIV. P. 12(b)(6), 12(f), and/or 23(d)(1)(D): #22 filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 51 DECLARATION of Betsy C. Manifold in support of Plaintiff's Memorandum of Points and Authorities In Opposition to MOTION to Dismiss Case DEFENDANTS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT, OR, IN THE ALTERNATIVE, TO STRIKE THE COLLECTIVE AND CLASS ALLEGATIONS PURSUANT TO FED. R. CIV. P. 12(b)(6), 12(f), and/or 23(d)(1)(D): #22 filed by Plaintiff Christopher M. Litty. (Attachments: #1 Exhibit 1)(Manifold, Betsy) |
| Filing 50 MEMORANDUM in Opposition to MOTION to Dismiss Case DEFENDANTS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT, OR, IN THE ALTERNATIVE, TO STRIKE THE COLLECTIVE AND CLASS ALLEGATIONS PURSUANT TO FED. R. CIV. P. 12(b)(6), 12(f), and/or 23(d)(1)(D): #22 filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
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Filing 49
ORDER GRANTING STIPULATION TO CONTINUE HEARINGS ON PLAINTIFF'S MOTION FOR PRELIMINARY CERTIFICATION AND MOTION TO CERTIFY CLASS ACTION by Judge Percy Anderson: Upon Stipulation #48 , the Court hereby enters the following Order: The hearing on Plaintiff's Motion for Preliminary Certification #31 and Plaintiff's Motion to Certify a Class Action #36 are continued to 6/2/2014 at 01:30 PM before Judge Percy Anderson. Defendant's oppositions to the Motion for Preliminary Certification and Motion to Certify a Class Action shall be due no later than 5/8/2014. Plaintiff's reply in support of the Motion for Preliminary Certification and Motion to Certify a Class Action shall be due no later than 5/19/2014. (gk)
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| Filing 48 Joint STIPULATION to Continue HEARING ON PLAINTIFFS MOTION FOR PRELIMINARY CERTIFICATION [DKT. # 31] AND MOTION TO CERTIFY CLASS ACTION [DKT. #36] Re: MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 , MOTION to Certify Preliminary Certification of Collective Action #31 filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Attachments: #1 Proposed Order)(Mandel, Michael) |
| Filing 47 NOTICE OF ERRATA filed by Plaintiff Christopher M. Litty. correcting MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 , Notice of Deficiency in Electronically Filed Documents (G-112),, #46 Correcting Dkt. 36-1 (Attachments: #1 Memorandum of Points and Authorities In Support of Plaintiff's Fed. R. Civ. P. 23 Class Certification Motion)(Manifold, Betsy) |
| Filing 46 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 . The following error(s) was found: Local Rule 11-6 Memorandum brief exceeds 25 pages. 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. (rne) |
| Filing 45 REQUEST FOR JUDICIAL NOTICE re MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 filed by plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 44 EXHIBIT O to MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 attached to the Declaration of Betsy C. Manifold In Support Thereof filed concurrently herewith filed by Plaintiff Christopher M. Litty. (Attachments: #1 Exhibit P, #2 Exhibit Q)(Manifold, Betsy) |
| Filing 43 EXHIBIT M to MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 attached to the Declaration of Betsy C. Manifold In Support Thereof filed concurrently herewith filed by Plaintiff Christopher M. Litty. (Attachments: #1 Exhibit N)(Manifold, Betsy) |
| Filing 42 EXHIBIT K to MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 attached to the Declaration of Betsy C. Manifold In Support Thereof filed concurrently herewith filed by Plaintiff Christopher M. Litty. (Attachments: #1 Exhibit L)(Manifold, Betsy) |
| Filing 41 EXHIBIT I to MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 attached to the Declaration of Betsy C. Manifold In Support Thereof filed concurrently herewith filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 40 EXHIBIT J to MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 attached to the Declaration of Betsy C. Manifold In Support Thereof filed concurrently herewith filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 39 EXHIBIT D to MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 attached to the Declaration of Betsy C. Manifold In Support Thereof filed concurrently herewith filed by Plaintiff Christopher M. Litty. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H)(Manifold, Betsy) |
| Filing 38 DECLARATION of Betsy C. Manifold in support of MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 filed by Plaintiff Christopher M. Litty. (Attachments: #1 Declaration A, #2 Exhibit B, #3 Exhibit c)(Manifold, Betsy) |
| Filing 37 DECLARATION of Christopher M. Litty in support of MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 #36 filed by Plaintiff Christopher M. Litty. (Attachments: #1 Exhibit 1)(Manifold, Betsy) |
| Filing 36 NOTICE OF MOTION AND MOTION to Certify Class Action Under Fed. R. Civ. P. 23, or in the Alternative, Permit Pre-Certification Discovery and Extend Plaintiff's Deadline Under L.R. 23-3 filed by plaintiff Christopher M. Litty. Motion set for hearing on 5/19/2014 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum Points & Authorities In Support Thereof, #2 Proposed Order Granting Plaintiff's Motion or Alternative Relief)(Manifold, Betsy) |
| Filing 35 REQUEST FOR JUDICIAL NOTICE re MOTION to Certify Preliminary Certification of Collective Action #31 filed by Plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 34 DECLARATION of Betsy C. Manifold in support of MOTION to Certify Preliminary Certification of Collective Action #31 filed by Plaintiff Christopher M. Litty. (Attachments: #1 Exhibit A to Manifold Dec, #2 Exhibit B to Manifold Dec, #3 Exhibit C to Manifold Dec, #4 Exhibit D to Manifold Dec, #5 Exhibit E to Manifold Dec, #6 Exhibit F to Manifold Dec, #7 Exhibit G to Manifold Dec, #8 Exhibit H to Manifold Dec, #9 Exhibit I to Manifold Dec, #10 Exhibit J to Manifold Dec, #11 Exhibit K to Manifold Dec, #12 Exhibit L to Manifold Dec, #13 Exhibit M to Manifold Dec, #14 Exhibit N to Manifold Dec, #15 Exhibit O to Manifold Dec, #16 Exhibit P to Manifold Dec)(Manifold, Betsy) |
| Filing 33 DECLARATION of Christopher M. Litty in support of MOTION to Certify Preliminary Certification of Collective Action #31 filed by Plaintiff Christopher M. Litty. (Attachments: #1 Exhibit 1 to Litty Dec)(Manifold, Betsy) |
| Filing 32 DECLARATION of Jeffrey G. SMith in support of Motion MOTION to Certify Preliminary Certification of Collective Action #31 filed by Plaintiff Christopher M. Litty. (Attachments: #1 Exhibit Ex. A to Smith Dec)(Manifold, Betsy) |
| Filing 31 NOTICE OF MOTION AND MOTION to Certify Preliminary Certification of Collective Action filed by Plaintiff Christopher M. Litty. Motion set for hearing on 5/19/2014 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum Points & Authorities, #2 Proposed Order Granting Plaintiff's Motion)(Manifold, Betsy) |
| Filing 30 CERTIFICATE of Interested Parties filed by Defendants All Defendants, (Mandel, Michael) |
| Filing 29 DENIED BY ORDER of Judge Percy Anderson, re Stipulation Requesting the Court to Place this Case on its Inactive Calendar to Facilitate a Private Mediation #28 . (gk) |
| Filing 28 Joint STIPULATION for Order to Place This Case on its Inactive Calendar to Facilitate a Private Mediation filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Attachments: #1 Proposed Order)(Mandel, Michael) |
| Filing 27 NOTICE OF ERRATA filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. correcting Stipulation for Order, #26 Re Incorrect Document Filed (Mandel, Michael) |
| Filing 26 Joint STIPULATION for Order Requesting the Court to Place This Case on its Inactive Calendar to Facilitate a Private Mediation filed by Defendant Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Attachments: #1 Proposed Order)(Mandel, Michael) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss Case DEFENDANTS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT, OR, IN THE ALTERNATIVE, TO STRIKE THE COLLECTIVE AND CLASS ALLEGATIONS PURSUANT TO FED. R. CIV. P. 12(b)(6), 12(f), and/or 23(d)(1)(D): #22 . 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. (bp) |
| Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney John A Van Hook counsel for Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. John A. Van Hook 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 John A. Van Hook. (Van Hook, John) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Regina A Musolino counsel for Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. Filed by Defendant Regina A. Musolino. (Attorney Regina A Musolino added to party Bank of America Corporation(pty:dft), Attorney Regina A Musolino added to party Merrill Lynch & Co. Inc.(pty:dft), Attorney Regina A Musolino added to party Merrill Lynch, Pierce, Fenner & Smith Inc.(pty:dft))(Musolino, Regina) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Case DEFENDANTS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT, OR, IN THE ALTERNATIVE, TO STRIKE THE COLLECTIVE AND CLASS ALLEGATIONS PURSUANT TO FED. R. CIV. P. 12(b)(6), 12(f), and/or 23(d)(1)(D): filed by Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.. Motion set for hearing on 5/19/2014 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order)(Mandel, Michael) |
| Filing 21 DENIED BY ORDER of Judge Percy Anderson, re Joint Stipulation to: (1) Toll the Statute of Limitations for Claims Under the Fair Claims Under the Fair Labor Standards Act, 29 U.S.C. Sections 201 et seq.; (2) Extend the Time for Plaintiff to File Motion for Class Certification Under F.R.Civ.P. 23 #20 . (gk) |
| Filing 20 Joint STIPULATION for Extension of Time to File MOTION FOR CLASS CERTIFICATION UNDER FED. R. CIV. P. 23; and TOLL THE STATUTE OF LIMITATIONS FOR CLAIMS UNDER THE FAIR LABOR STANDARDS ACT, 29 U.S.C. 201 et seq. filed by plaintiff Christopher M. Litty. (Attachments: #1 Proposed Order Granting Parties' Joint Stipulation)(Manifold, Betsy) |
| Filing 19 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint, #15 , Complaint - (Discovery), #1 , filed by plaintiff Christopher M. Litty (Manifold, Betsy) |
| Filing 18 STIPULATION for Extension of Time to File /For Leave For Plaintiff to File Second Amended Class and Collective Action Complaint [Fed. R. Civ. P. 15(a)(2)] and to Extend the Time for Defendants to File Responsive Pleading filed by plaintiff Christopher M. Litty. (Attachments: #1 Proposed Order Granting Parties' Stipulation)(Livesay, Marisa) |
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Filing 17
ORDER by Judge Percy Anderson granting Stipulation for Extension of Time to File Response to First Amended Complaint #16 . Defendants' response due 3/28/2014. (rne)
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| Filing 16 STIPULATION for Extension of Time to File RESPONSE TO FIRST AMENDED COMPLAINT AND EXTEND TIME FOR PLAINTIFF TO FILE MOTION FOR CLASS CERTIFICATION; as to Amended Complaint, #15 filed by plaintiff Christopher M. Litty. (Attachments: #1 Proposed Order Granting Stipulation)(Manifold, Betsy) |
| Filing 15 FIRST AMENDED CLASS AND COLLECTIVE ACTION COMPLAINT against Defendants Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc., and Bank of America Corporation; amending Class Action Complaint #1 ; with Jury Demand filed by Plaintiff Christopher M. Litty. (gk) |
| Filing 14 NOTICE of Manual Filing filed by Plaintiff Christopher M. Litty of First Amended Class and Collective Action Complaint for Violations of the Fair Labor Standards Act; California Labor Code and California Unfair Competition Law. (Manifold, Betsy) |
| Filing 13 RESPONSE filed by Pro Hac Vice attorney Jeffrey G Smith on behalf of Plaintiff Christopher M. Litty. RE: Notice of Filing Fee Due. PHV fee N/A. Jeffrey G. Smith was admitted to this Court on 04/13/90, is Active and in Good Standing. (lt) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Betsy C Manifold counsel for Plaintiff Christopher M. Litty. Matthew Guiney is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 11 Notice of Appearance or Withdrawal of Counsel: for attorney Betsy C Manifold counsel for Plaintiff Christopher M. Litty. Robert Abrams is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Christopher M. Litty. (Manifold, Betsy) |
| Filing 10 Joint STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by plaintiff Christopher M. Litty.(Manifold, Betsy) |
| Filing 9 Joint STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint - (Discovery), #1 filed by Defendants Merrill Lynch, Pierce, Fenner & Smith Inc., Bank of America Corporation, Merrill Lynch & Co. Inc..(Attorney Michael David Mandel added to party Bank of America Corporation(pty:dft), Attorney Michael David Mandel added to party Merrill Lynch & Co. Inc.(pty:dft), Attorney Michael David Mandel added to party Merrill Lynch, Pierce, Fenner & Smith Inc.(pty:dft))(Mandel, Michael) |
| Filing 7 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Matthew M Guiney for Plaintiff Christopher M. Litty. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (et) |
| Filing 6 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Robert Abrams for Plaintiff Christopher M. Litty. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (et) |
| Filing 5 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Jeffrey G Smith for Plaintiff Christopher M. Litty. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (et) |
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Filing 8
STANDING ORDER by Judge Percy Anderson: This action has been assigned to the calendar of Judge Percy Anderson. All counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. See document for further details. (gk)
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| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Christopher M. Litty. (et) (mg). |
| Filing 2 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc. (et) |
| Filing 1 CLASS ACTION COMPLAINT against Defendants Bank of America Corporation, Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc. Case assigned to Judge Percy Anderson for all further proceedings. Discovery referred to Magistrate Judge Patrick J Walsh. (Filing fee $ 400 PAID.) Jury Demanded., filed by Plaintiff Christopher M. Litty. (et) (Additional attachment(s) added on 1/24/2014: #1 Notice of Assignment, #2 Civil Cover Sheet) (mg). |
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