Brian Trenz v. On-Line Administrators, Inc. et al
Plaintiff: Caitlyn Farrell, Francis Breidenbach, Brian Trenz and Noelle Simms
Defendant: Does 1-5, On-Line Administrators, Inc., Volkswagen Group America, Inc. and On-Line Administrators, Inc. a California Corporation doing business as Peak Performance Marketing Solutions
Case Number: 2:2015cv08356
Filed: October 26, 2015
Court: US District Court for the Central District of California
Presiding Judge: Josephine L Staton
Referring Judge: Karen L Stevenson
Nature of Suit: Other Statutory Actions
Cause of Action: 47 U.S.C. § 0227 Violation of Telephone Consumer Protection Act
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on June 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 8, 2022 Opinion or Order Filing 271 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #268 filed by Brian Trenz. CCA # 22-55418. The appellant's motion for voluntary dismissal is granted. This appeal is dismissed. Fed. R. App. P. 42(b). A copy of this order sent to the district court shall act as and for the mandate of this court. (jp)
April 26, 2022 Filing 270 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-55418 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #268 as to Plaintiff Brian Trenz. (car)
April 25, 2022 Filing 269 AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Brian Trenz Brian Trenz. Amending Notice of Appeal to 9th Circuit Court of Appeals, #268 Filed On: April 22, 2022; Entered On: April 22, 2022; (Patterson, James)
April 22, 2022 Filing 268 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Brian Trenz Brian Trenz. Appeal of Order Dismissing Case, #267 , Order on Motion for Order, #228 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-33175309.) (Patterson, James)
March 25, 2022 Opinion or Order Filing 267 ORDER by Judge Josephine L. Staton. PURSUANT TO STIPULATION #263 , IT IS HEREBY ORDERED: (1) The Post-October 16, 2013 Class that was certified on September 25, 2017, is hereby decertified. (2) The claims of Plaintiffs Farrell and Simms are dismissed with prejudice as to their individual claims, and without prejudice as to the claims of the Post-October 16, 2013 Class. (3) The clerk is ordered to enter final judgment and close the file. (Made JS-6. Case Terminated.) (jp)
March 23, 2022 Opinion or Order Filing 266 ORDER Permitting Late Filing of Plaintiffs' Response to Defendants' Motion for Summary Judgment as to Plaintiff Farrell and Simms (Doc. #265 ) by Judge Josephine L. Staton, Plaintiffs Request to "Backdate" Plaintiffs'Response to Defendants' Motion for Summary Judgment as Plaintiff Farrell and Simms (Doc. 265) is treated by the Court as a request to allow a late filing and is GRANTED. (jp)
March 14, 2022 Filing 265 REQUEST for Leave to file Backdated Plaintiffs' Response to Defendants' Motion for Summary Judgement as to Plaintiffs Farrell and Simms filed by Plaintiffs Caitlyn Farrell, Noelle Simms. (Attachments: #1 Declaration of Rafey S. Balabanian, #2 Proposed Order) (Balabanian, Rafey)
March 14, 2022 Filing 264 STATEMENT of Response to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs Farrell and Simms #256 filed by Plaintiffs Caitlyn Farrell, Noelle Simms. (Balabanian, Rafey)
March 10, 2022 Filing 263 STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Plaintiffs Caitlyn Farrell, Noelle Simms. (Attachments: #1 Proposed Order)(Balabanian, Rafey)
March 7, 2022 Filing 262 TEXT ONLY ENTRY: NOTICE TO PARTIES by District Judge Josephine L. Staton - Effective Monday, March 21, 2022, Judge Josephine L. Staton will be located in the First Street U.S. Courthouse, Courtroom 8A, on the 8th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 8A of the First Street U.S. Courthouse unless otherwise ordered by the Court. For additional information regarding mandatory chambers copies and the use of Zoom hearings in civil matters, please refer to Judge Staton's Procedures & Schedules Page on the Court's website: https://www.cacd.uscourts.gov/honorable-josephine-l-staton. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY
December 9, 2021 Opinion or Order Filing 261 Corrected ORDER Setting Deadline to File Motions in Limine to May 6, 2022 and Setting Final Pretrial Conference for June 10, 2022 by Judge Josephine L. Staton, #260 . ( Final Pretrial Conference set for 6/10/2022 at 10:30 AM before Judge Josephine L. Staton.) (twdb)
December 8, 2021 Opinion or Order Filing 260 Order Setting Deadline to File Motions in Limine to May 6, 2022 and setting Final Pretrial Conference for June 10, 2022 #259 by Judge Josephine L. Staton. The deadline to file Motions in Limine is set to May 6, 2022, and the Final Pretrial Conference is set for June 17, 2022, at 10:30 a.m. (lom)
November 29, 2021 Filing 259 STIPULATION to Amend Scheduling Order filed by Defendant On-Line Administrators, Inc.. (Attachments: #1 Proposed Order)(Ramsey, Jay)
October 8, 2021 Filing 258 JOINDER in NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs Farrell and Simms #256 filed by Defendant Volkswagen Group America, Inc.. (Pearson, Matthew)
October 8, 2021 Filing 257 STATEMENT Uncontroverted Facts ISO Motion for Summary Judgment filed by Defendant On-Line Administrators, Inc. re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs Farrell and Simms #256 . (Puglisi, Fred)
October 8, 2021 Filing 256 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs Farrell and Simms filed by Defendant On-Line Administrators, Inc.. Motion set for hearing on 4/1/2022 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Declaration, #2 Exhibit 1-7 to Puglisi Declaration, #3 Proposed Order) (Puglisi, Fred)
August 17, 2021 Filing 255 NOTICE OF FILING TRANSCRIPT filed for proceedings 03/12/2021, 10:01 a.m. re Transcript #254 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dpa) TEXT ONLY ENTRY
August 17, 2021 Filing 254 TRANSCRIPT for proceedings held on 03/12/2021, 10:01 a.m. Court Reporter: Deborah D. Parker, CSR 10342, phone number transcripts@ddparker.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through DEBORAHDPARKER.COM or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/7/2021. Redacted Transcript Deadline set for 9/17/2021. Release of Transcript Restriction set for 11/15/2021. (dpa)
August 3, 2021 Opinion or Order Filing 253 MINUTES (IN CHAMBERS) ORDER STRIKING Motion to Continue Deadline (Doc. #252 ) by Judge Josephine L. Staton: The Court therefore STRIKES Plaintiffs' Motion (Doc. 252) for failure to comply with Local Rule 7-3 and the Court's Standing Order. Accordingly, the hearing set for 1/14/ 2022, at 10:30 a.m. is VACATED. (jp)
July 23, 2021 Filing 252 ***STRICKEN** PER DKT NO. #253 - NOTICE OF MOTION AND MOTION to Continue Deadline to Seek Leave to File Amended Complaint from July 23, 2021 to August 27, 2021 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. Motion set for hearing on 1/14/2022 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Declaration of Lily E. Hough, #2 [Proposed] Order) (Hough, Lily). Modified on 8/3/2021 (jp).
May 21, 2021 Opinion or Order Filing 251 MINUTES (IN CHAMBERS) ORDER (1) Lifting Stay and (2) Setting Schedule by Judge Josephine L. Staton: The Court LIFTS the stay in this action. The Court hereby enters the following Scheduling Order: Deadline for Plaintiff to Move for Leave to Amend Complaint: 7/23/2021. Fact Discovery Cutoff: 9/24/2021. Last Day to Serve Initial Expert Reports: 10/15/2021. Last Day to File Motions (Excluding Daubert Motions and all other Motions in Limine): 10/8/2021. Last Day to Serve Rebuttal Expert Reports: 11/19/2021. Last Day to Conduct Settlement Proceedings: 12/10/2021. Expert Discovery Cutoff: 12/17/2021. Last Day to File Daubert Motions: 1/7/2022. Last Day to File Other Motions in Limine (Excluding Daubert Motions): 1/28/2022. Final Pretrial Conference set for 3/4/2022 at 10:30 AM. (See document for further information). (jp)
April 23, 2021 Filing 250 NOTICE of Change of Attorney Business or Contact Information: for attorney Rafey S Balabanian counsel for Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. Changing Address to Edelson PC, 150 California Street, 18th Floor, San Francisco, California, 94111. Filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Balabanian, Rafey)
April 23, 2021 Filing 249 NOTICE of Change of Attorney Business or Contact Information: for attorney Lily Eibhlin Hough counsel for Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. Changing Address to Edelson PC, 150 California Street, 18th Floor, San Francisco, California, 94111. Filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Hough, Lily)
April 22, 2021 Filing 248 STATUS REPORT filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Exhibit Opinion)(Hough, Lily)
April 16, 2021 Opinion or Order Filing 247 ORDER EXTENDING DEADLINE TO FILE STATUS REPORT #246 by Judge Josephine L. Staton. IT IS HEREBY ORDERED: 1. The parties shall have to and including April 22, 2021 to file their status report. (lom)
April 9, 2021 Filing 246 STIPULATION for Order to Extend Deadline to File Joint Status Report filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Declaration of Lily Hough, #2 Proposed Order)(Hough, Lily)
March 15, 2021 Filing 245 TRANSCRIPT ORDER as to Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz for Court Reporter. Court will contact Austin Prather at aprather@edelson.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Hough, Lily)
March 12, 2021 Filing 244 MINUTES OF Status Conference held before Judge Josephine L. Staton: Status Conference held on Zoom. The Court and counsel confer regarding the stay and proposed schedule going forward. The Court GRANTS the stay and orders the parties to file an appropriate status report *within 10 days* of the earlier of (i) the date the Supreme Court issues an opinion in Facebook v. Duguid, Case No. 19-511; or (ii) June 30, 2021, the last day of the Supreme Courts term. Court Reporter: Deborah Parker. Attorneys for Plaintiff: Lilly Hough, Deval Zaveri; Attorneys for Defendant: Paul Karlsgodt, Fred Puglisi, Jay Ramsey. Courtroom Deputy: Melissa Kunig; Time in Court:0:10. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (mku)
March 6, 2021 Filing 243 NOTICE OF ERRATA filed by Defendant On-Line Administrators, Inc.. correcting Status Report #242 (Attachments: #1 Supplement Corrected Document)(Ramsey, Jay)
March 5, 2021 Filing 242 STATUS REPORT filed by Defendant On-Line Administrators, Inc.. (Ramsey, Jay)
February 24, 2021 Opinion or Order Filing 241 ORDER GRANTING Stipulation Permitting James A Tabb to Withdraw, Changing Firm Information for Deval R Zaveri, and adding Edelson PC as Class Counsel #239 by Judge Josephine L. Staton that (a) James A. Tabb of Zaveri Tabb APC is hereby withdrawn as counsel in this matter. (b) Class counsel Deval R. Zaveri's contact information shall be changed to: Deval R. Zaveri, Casey Gerry Schenk Francavilla Blatt and Penfield LLP, 10 Laurel Street, San Diego, CA 92101, Tel: 619-238-1811, Fax: (619) 544-9232, dzaveri@cglaw.com. (c) Edelson PC is added as class counsel. (jp)
February 22, 2021 Opinion or Order Filing 240 ORDER GRANTING Application for Status Conference #233 by Judge Josephine L. Staton, hereby sets a Status Conference in this action for 3/12/2021 at 10:30 AM. The parties are ORDERED to confer regarding the pretrial schedule for the remaining claims in this action and submit a joint proposed pretrial schedule by 3/5/2021. (See document for further information). (jp)
February 12, 2021 Filing 239 STIPULATION for Order Permitting James A. Tabb To Withdraw, Changing Firm Information For Deval R. Zaveri, And Adding Edelson PC As Class Counsel filed by Plaintiff Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Declaration of Lily Hough, #2 Proposed Order)(Tabb, James)
February 11, 2021 Filing 238 NOTICE of Appearance filed by attorney Rafey S Balabanian on behalf of Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz (Attorney Rafey S Balabanian added to party Francis Breidenbach(pty:pla), Attorney Rafey S Balabanian added to party Caitlyn Farrell(pty:pla), Attorney Rafey S Balabanian added to party Noelle Simms(pty:pla), Attorney Rafey S Balabanian added to party Brian Trenz(pty:pla))(Balabanian, Rafey)
December 31, 2020 Filing 237 Notice of Withdrawal of Motion to Appear Pro Hac Vice (G-64), #234 filed by plaintiff Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Hough, Lily)
December 21, 2020 Filing 236 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Benjamin H. Richman to Appear Pro Hac Vice on behalf of Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29586561) #234 by Courtroom Deputy Clerk to Judge Josephine L. Staton. (1) The document is stricken and counsel is ordered to file an amended or corrected document by 12/31/2020. (2) Counsel shall carefully consult the error(s) noted in the Notice of Deficiency and re-file the complete application no later than 12/31/2020. (jp)
December 18, 2020 Filing 235 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Benjamin H. Richman to Appear Pro Hac Vice on behalf of Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29586561) #234 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (Thrasher, Lupe)
December 17, 2020 Filing 234 APPLICATION of Non-Resident Attorney Benjamin H. Richman to Appear Pro Hac Vice on behalf of Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29586561) filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Proposed Order) (Hough, Lily)
December 17, 2020 Filing 233 APPLICATION for Special Hearing for Status Conference and the Court Can Set a Schedule for Resolution of the Matter filed by Defendant On-Line Administrators, Inc.. Application set for hearing on 5/7/2021 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Proposed Order) (Ramsey, Jay)
December 17, 2020 Opinion or Order Filing 232 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Josephine L. Staton: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Application for Status Conference #230 , for the following reasons: (1) Incorrect event selected. Correct event: Application/Ex Parte Application/Motion/Request; Proposed Order should be filed as an attachment to the efiled request and emailed as a Word document to Judge Josephine L. Staton generic email addresses (JLS_Chambers@cacd.uscourts.gov). (jp)
December 17, 2020 Filing 231 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Application for Status Conference #230 . The following error(s) was/were found: (1) Incorrect event selected. Correct event to be used is: Order - under Category - Applications/Ex Parte Applications/Motions/Requests. (2) Proposed Document was not submitted as separate attachment. (3) Miscellaneous event utilized in docketing this filing; (4) Proposed Order shall be filed as separate attachment to the e-filed "NOTICE OF LODGING" and e-mailed to Judge Staton's generic email addresses a Word version of the document. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (jp)
December 16, 2020 Filing 230 [DOCUMENT STRICKEN PER ORDER DATED ON 12/17/2020, SEE DOCKET ENTRY NO. #232 0 - Application for Status Conference filed by Defendant On-Line Administrators, Inc. (Ramsey, Jay). Modified on 12/17/2020 (jp).
December 11, 2020 Filing 229 Notice of Appearance or Withdrawal of Counsel: for attorney Lily Eibhlin Hough counsel for Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. Adding Lily E. Hough as counsel of record for Brian Trenz, Francis Breidenbach, Caitlyn Farrell, and Noelle Simms for the reason indicated in the G-123 Notice. Filed by Plaintiffs Brian Trenz, Francis Breidenbach, Caitlyn Farrell, and Noelle Simms. (Attorney Lily Eibhlin Hough added to party Francis Breidenbach(pty:pla), Attorney Lily Eibhlin Hough added to party Caitlyn Farrell(pty:pla), Attorney Lily Eibhlin Hough added to party Noelle Simms(pty:pla), Attorney Lily Eibhlin Hough added to party Brian Trenz(pty:pla))(Hough, Lily)
August 10, 2020 Opinion or Order Filing 228 MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANTS' MOTION TO DECERTIFY THE PRE-OCTOBER 16, 2013 CLASS (Doc. 172) by Judge Josephine L. Staton granting #172 MOTION: For the foregoing reasons, Defendants' Motion to Decertify the Pre-October 16, 2013 Class is GRANTED and that Class is DECERTIFIED. Further, following RECONSIDERATION of the Summary Judgment Order, the Court GRANTS summary judgment as to the claims of Brian Trenz. (bm)
March 27, 2020 Filing 227 TRANSCRIPT for proceedings held on 02/07/2020, 10:30 a.m. Court Reporter: Deborah D. Parker, CSR 10342, phone number transcripts@ddparker.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/17/2020. Redacted Transcript Deadline set for 4/27/2020. Release of Transcript Restriction set for 6/25/2020. (dpa)
March 4, 2020 Filing 226 RESPONSE IN SUPPORT Objection to Plaintiffs' Post-Hearing Submission filed by Defendant On-Line Administrators, Inc.. (Ramsey, Jay)
March 1, 2020 Filing 225 Plaintiffs' Objections Regarding February 7, 2020 Hearing on Defendants' Motion to Decertify re: NOTICE OF MOTION AND MOTION for Order for Decertify the Class #172 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Tabb, James)
February 12, 2020 Filing 224 TRANSCRIPT ORDER as to Defendant On-Line Administrators, Inc. for Court Reporter. Court will contact Xavier Maurice at xmaurice@sheppardmullin.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Ramsey, Jay)
February 12, 2020 Filing 223 TRANSCRIPT ORDER as to Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz for Court Reporter. Court will contact Tupu O'Neill at tupu@pattersonlawgroup.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Patterson, James)
February 7, 2020 Filing 222 MINUTES OF Hearing Re Defendant's Motion to Decertify the Class #172 before Judge Josephine L. Staton: Hearing held. Matter taken under submission by the Court. Court Reporter: Deborah Parker. (jp)
January 29, 2020 Filing 221 RESPONSE IN SUPPORT Response to Plaintiffs' Objections filed by Defendants On-Line Administrators, Inc., Volkswagen Group America, Inc.. (Attachments: #1 Exhibit F)(Ramsey, Jay)
January 17, 2020 Filing 220 SUPPLEMENT Plaintiffs' (1) Response to Defendants' Objections to Plaintiffs' Expert, And (2) Objections to Defendants' Expert filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Declaration of James A. Tabb, #2 Exhibit A-O, #3 Certificate of Service)(Tabb, James)
November 7, 2019 Opinion or Order Filing 219 MINUTE (IN CHAMBERS) ORDER SETTING HEARING On Defendants' Motion to Decertify the Class (Doc. #172 ) by Judge Josephine L. Staton: The Court SETS a hearing thereon for 2/7/2020 at 10:30 AM. (SEE DOCUMENT FOR FURTHER INFORMATION). (jp)
November 1, 2019 Filing 218 SUPPLEMENT on Motion to Decertify filed by Defendants On-Line Administrators, Inc., Volkswagen Group America, Inc.. (Attachments: #1 Appendix C, #2 Appendix D, #3 Declaration Linet, #4 Declaration Pearson, #5 Exhibit A-E, #6 Supplement Objection to Verkhovskaya Declaration)(Ramsey, Jay)
October 28, 2019 Opinion or Order Filing 217 ORDER GRANTING Plaintiff's Unopposed Motion to Withdraw Allison H Goddard and Jacquelyn E Quin as Counsel of Record (Doc. #208 ) by Judge Josephine L. Staton: Having considered Plaintiffs Brian Trenz, Francis Breidenbach, Caitlyn Farrell, and Noelle Simms's Unoposed Motion to Withdraw Allison H Goddard and Jackquelyn E Quinn as counsel of record (Doc. 208), the Court hereby GRANTS the request. (jp)
October 10, 2019 Opinion or Order Filing 216 ORDER EXTENDING TIME IN WHICH TO FILE RESPONSIVE BRIEF by Judge Josephine L. Staton. The Court, having read and considered the Parties' Stipulation #213 , HEREBY EXTENDS the deadline for Defendants to file their Responsive Brief to 11/1/2019. (jp)
October 4, 2019 Filing 215 SUPPLEMENT Pursuant to Court Order ECF No. 214 - Unredacted Document Plaintiffs' Supplemental Brief in Opposition to Defendants' Motion to Decertify the Class filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Unredacted Document Declaration of James A. Tabb)(Tabb, James)
October 2, 2019 Opinion or Order Filing 214 MINUTES (IN CHAMBERS) ORDER DENYING Plaintiff's Application to File Under Seal 9Doc. #209 ) by Judge Josephine L. Staton: Plaintiffs' Application to File Under Seal is DENIED. Plaintiffs are ORDERED to file unredacted versions of the documents discussed herein consistent with the Local Rules. (jp)
October 2, 2019 Filing 213 STIPULATION to Amend Scheduling Order filed by Defendant On-Line Administrators, Inc.. (Attachments: #1 Proposed Order)(Ramsey, Jay)
September 13, 2019 Filing 212 DECLARATION of Anya Verkhovskaya In Support of Plaintiffs' Supplemental Brief in Opposition to Defendants' Motion to Decertify the Class APPLICATION to file document under seal #209 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Certificate of service)(Tabb, James)
September 13, 2019 Filing 211 SUPPLEMENT to APPLICATION to file document under seal #209 Plaintiffs' Supplemental Brief In Opposition to Defendants' Motion to Decertify the Class filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Declaration of James A. Tabb, #2 Certificate of Service)(Tabb, James)
September 13, 2019 Filing 210 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #209 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Unredacted Document Supplemental Brief, #2 Unredacted Document Declaration)(Tabb, James)
September 13, 2019 Filing 209 APPLICATION to file document under seal filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Proposed Order, #2 Redacted Document Supplemental Brief, #3 Redacted Document Declaration, #4 Certificate of Service)(Tabb, James)
September 9, 2019 Filing 208 NOTICE OF MOTION AND MOTION of Allison H. Goddard and Jacquelyn E. Quinn to Withdraw as Attorney filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. Motion set for hearing on 11/1/2019 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Proposed Order, #2 Declaration of James R. Patterson, #3 Certificate of Service) (Patterson, James)
August 28, 2019 Filing 207 Notice of Appearance or Withdrawal of Counsel: for attorney Jennifer M. French counsel for Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. Adding Jennifer M. French as counsel of record for Plaintiffs for the reason indicated in the G-123 Notice. Filed by Plaintiff Jennifer M. French. (Attorney Jennifer M. French added to party Francis Breidenbach(pty:pla), Attorney Jennifer M. French added to party Caitlyn Farrell(pty:pla), Attorney Jennifer M. French added to party Noelle Simms(pty:pla), Attorney Jennifer M. French added to party Brian Trenz(pty:pla))(French, Jennifer)
July 19, 2019 Filing 206 NOTICE OF FILING TRANSCRIPT filed for proceedings 6/25/2019, 7/05/2019, and 7/08/2019 re Transcript #203 , #204 , #205 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ls) TEXT ONLY ENTRY
July 19, 2019 Filing 205 TRANSCRIPT for proceedings held on 7/08/2019. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC., phone number (361) 949-2988. 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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/9/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/17/2019. (ls)
July 19, 2019 Filing 204 TRANSCRIPT for proceedings held on 7/05/2019. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC., phone number (361) 949-2988. 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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/9/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/17/2019. (ls)
July 19, 2019 Filing 203 TRANSCRIPT for proceedings held on 6/25/2019. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC., phone number (361) 949-2988. 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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/9/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/17/2019. (ls)
July 16, 2019 Filing 202 TRANSCRIPT ORDER as to Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz for Court Smart (CS). Court will contact Tupu O'Neill at tupu@pattersonlawgroup.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Patterson, James)
July 16, 2019 Filing 201 TRANSCRIPT ORDER as to Defendant Volkswagen Group America, Inc. for Court Smart (CS). Court will contact Deborah Gonday at dgonday@bakerlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Pearson, Matthew)
July 8, 2019 Filing 200 MINUTES OF CONTINUED TELEPHONIC CONFERENCE RE: DISCOVERY DISPUTES REGARDING SUPPLEMENTAL BRIEFING ON DEFENDANTS' MOTION FOR DECERTIFICATION settling #199 Motion re Informal Discovery Dispute held before Magistrate Judge Karen L. Stevenson. The Court holds a further telephonic conference with counsel for Plaintiffs and counsel for non-party Volkswagen Credit, Inc. ("VCI") and Defendant Volkswagen Group of America, Inc. ("VWGoA") regarding discovery disputes concerning supplemental briefing ordered by presiding District Judge, the Honorable Josephine L. Staton in connection with a pending motion for decertification of the class. (See Dkt. No. 186.) After further in-depth discussions with Class Counsel and counsel for Defendant VWGoA and non-party VCI, the Court issues its rulings on the remaining discovery issues. (see document for details) Court Recorder: XTR 07/08//2019. (hr)
July 5, 2019 Filing 199 MOTION RE: INFORMAL DISCOVERY DISPUTE. Telephonic Conference set for hearing on Monday, July 8, 2019 at 2:00 p.m. before Magistrate Judge Karen L. Stevenson. (hr)
July 5, 2019 Filing 198 MINUTES OF TELEPHONIC CONFERENCE RE: DISCOVERY DISPUTES RELATED TO SUPPLEMENTAL BRIEFING ON DEFENDANTS' MOTION FOR DECERTIFICATION settling #197 Motion Re Informal Discovery Dispute held before Magistrate Judge Karen L. Stevenson. The Court holds a telephonic conference with counsel for Plaintiffs, and counsel for non-party Volkswagen Credit, Inc. ("VCI") and Defendant Volkswagen Group of America, Inc. ("VWGoA") regarding discovery disputes related to supplemental briefing ordered by presiding District Judge, the Honorable Josephine L. Staton in connection with a pending motion for decertification of the class. (See Dkt. No. #186 .) The Court finds that the deposition subpoena served upon non-party VCI is appropriate and the deposition can move forward. With respect to the document requests served with the VCI Subpoena, the Court finds that Requests for Production Nos. 2-6 are overbroad as drafted and should be narrowed. (See document for further details.) A further telephonic conference is scheduled for Monday, July 8, 2019 at 2:00 p.m.. The parties and non-party VCI must submit a joint email outlining the results of their meet and confer discussions, no later than 12:00 p.m., Monday, July 8, 2019. Court Recorder: XTR 07/05//2019. (hr)
July 5, 2019 Filing 197 MOTION RE: INFORMAL DISCOVERY DISPUTE. Telephonic Conference set for hearing on 7/5/2019 at 11:00 AM before Magistrate Judge Karen L. Stevenson. (hr)
July 3, 2019 Opinion or Order Filing 196 SUPPLEMENTAL STIPULATED PROTECTIVE ORDER FOR PERSONAL IDENTIFYING INFORMATION by Magistrate Judge Karen L. Stevenson re Stipulation for Protective Order #195 . (see document for details) (hr)
July 2, 2019 Filing 195 STIPULATION for Protective Order filed by Defendant On-Line Administrators, Inc..(Ramsey, Jay)
June 25, 2019 Filing 194 MINUTES RE: TELEPHONIC DISCOVERY CONFERENCE held before Magistrate Judge Karen L. Stevenson. Accordingly, the parties shall prepare a supplemental protective order, specifically addressing the individual contact information Class Counsel seeks and submit the proposed supplemental protective order for the Courts review on or before July 2, 2019. If the parties cannot resolve the dispute, a follow-up telephonic conference will be scheduled for Friday, July 5, 2019 at 11:00 a.m. (See Minute Order for further details) Court Recorder: XTR 6/25/2019. (vm)
June 24, 2019 Filing 193 MOTION RE: INFORMAL DISCOVERY DISPUTE (hr)
June 10, 2019 Opinion or Order Filing 192 ORDER GRANTING Stipulation to Amend Scheduling Order #191 by Judge Josephine L. Staton that: Deadline for Plaintiffs to file Motion to Compel, if any: 7/12/2019. Deadline for Plaintiffs to file Opening Brief: 9/13/2019. Deadline for Defendants to file Responsive Brief: 10/14/2019. (jp)
June 7, 2019 Filing 191 STIPULATION for Order to Amend Scheduling Order Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Proposed Order)(Zaveri, Deval)
February 28, 2019 Opinion or Order Filing 190 MINUTE (IN CHAMBERS) ORDER: (1) VACATING All Pending Dates; (2) SETTING Supplemental Briefing Schedule by Judge Josephine L. Staton: The Court VACATES all pending dates and sets forth the following supplemental briefing schedule: (1) Deadline for Defendants to Produce Discovery 3/302019; (2) Deadline for Plaintiffs to file Opening Brief 6/30/2019; (3) Deadline for Defendants to file Responsive Brief 7/26/2019. (SEE DOCUMENT FOR FURTHER INFORMATION). (jp)
February 25, 2019 Filing 189 STATUS REPORT filed by Defendant On-Line Administrators, Inc.. (Ramsey, Jay)
February 11, 2019 Filing 188 NOTICE OF FILING TRANSCRIPT filed for proceedings 1/18/19, 8:30 AM re Transcript #187 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Joko, Alexander) TEXT ONLY ENTRY
February 11, 2019 Filing 187 TRANSCRIPT for proceedings held on 1/18/19, 8:30 AM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.com. 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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/4/2019. Redacted Transcript Deadline set for 3/14/2019. Release of Transcript Restriction set for 5/13/2019. (Joko, Alexander)
February 4, 2019 Opinion or Order Filing 186 (IN CHAMBERS) ORDERING PARTIES TO MEET AND CONFER RE: SUPPLEMENTAL BRIEFING by Judge Josephine L. Staton; the Court ORDERS the parties to meet and confer on a supplemental briefing schedule and file a Joint Status Report no later than twenty-one (21) days from the date of this Order. To the extent that either party thinks that further discovery would be productive before supplemental briefing takes place, such position may be communicated in the Joint Status Report. (See document for further information) (mrgo)
February 1, 2019 Filing 185 TRANSCRIPT ORDER as to Defendant Volkswagen Group America, Inc. for Court Reporter. Court will contact Deborah Gonday at dgonday@bakerlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Pearson, Matthew)
January 24, 2019 Filing 184 TRANSCRIPT ORDER as to Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz for Court Reporter. Court will contact Tupu O'Neill at tupu@pattersonlawgroup.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Patterson, James)
January 18, 2019 Filing 183 MINUTES OF Hearing Re Defendant's Motion to Decertify the Class #172 before Judge Josephine L. Staton: Hearing held. Matter taken under submission by the Court. Court Reporter: Alex Joko. (jp)
January 4, 2019 Filing 182 REPLY in Support of Defendants' Motion to Decertify the Class filed by Defendant On-Line Administrators, Inc.. (Ramsey, Jay)
December 14, 2018 Filing 181 MINUTES OF Settlement Conference held before Magistrate Judge Karen L. Stevenson: Hearing held. The court conferred with counsel and the parties. Settlement was not achieved. Court Recorder: N/A. (et)
December 10, 2018 Filing 180 OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Decertify the Class #172 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Declaration Deval R. Zaveri, #2 Certificate of Service)(Zaveri, Deval)
November 26, 2018 Opinion or Order Filing 179 ORDER GRANTING STIPULATION TO AMEND SCHEDULING ORDER #178 by Judge Josephine L. Staton. The Stipulation to Amend Scheduling Order is GRANTED as follows: NOTE: CHANGES MADE BY THE COURT (See order for further details) (es)
November 16, 2018 Filing 178 STIPULATION to Amend filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Proposed Order Proposed Order Granting Stipulation to Amend Scheduling Order)(Zaveri, Deval)
November 16, 2018 Opinion or Order Filing 177 MINUTE (IN CHAMBERS) ORDER Setting Settlement Conference by Magistrate Judge Edward A. Infante. This matter having been referred to Magistrate Judge Edward Infante for a settlement conference, IT IS ORDERED that a settlement conference be held on December 14, 2018, at 9:30 a.m., in the Ronald Reagan Federal Bldg., 411 West Fourth Street, Courtroom 9B, Ninth Floor, Santa, CA 92701. Each side shall submit a settlement conference statement directly to Judge Infante's chambers at eai_chambers@cacd.uscourts.gov not later than five (5) court days before the conference. (see order for further details) (hr)
November 13, 2018 Opinion or Order Filing 176 ORDER GRANTING STIPULATION TO REFER CASE TO MAGISTRATE JUDGE EDWARD INFANTE FOR A SETTLEMENT CONFERENCE ON DECEMBER 14, 2018 #175 by Judge Josephine L. Staton (es)
November 5, 2018 Filing 175 Joint STIPULATION for Order to Refer Case to Magistrate Judge Edward Infante for a Settlement Conference on December 14, 2018 Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Zaveri, Deval)
November 1, 2018 Opinion or Order Filing 174 MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANT'S MOTION FOR LEAVE TO FILE AN ADDITIONAL MOTION FOR SUMMARY JUDGMENT (Doc. #166 ) by Judge Josephine L. Staton (es)
October 19, 2018 Filing 173 APPENDIX filed by Defendants On-Line Administrators, Inc., Volkswagen Group America, Inc.. Re: NOTICE OF MOTION AND MOTION for Order for Decertify the Class #172 Appendix B (Attachments: #1 Appendix B, Part 1 of 20, #2 Appendix B,Part 2 of 20, #3 Appendix B, Part 3 of 20, #4 Appendix B, Part 4 of 20, #5 Appendix B, Part 5 of 20, #6 Appendix B, Part 6 of 20, #7 Appendix B, Part 7 of 20, #8 Appendix B, Part 8 of 20, #9 Appendix B, Part 9 of 20, #10 Appendix B, Part 10 of 20, #11 Appendix B, Part 11 of 20, #12 Appendix B, Part 12 of 20, #13 Appendix B, Part 13 of 20, #14 Appendix B, Part 14 of 20, #15 Appendix B, Part 15 of 20, #16 Appendix B, Part 16 of 20, #17 Appendix B, Part 17 of 20, #18 Appendix B, Part 18 of 20, #19 Appendix B, Part 19 of 20, #20 Appendix B, Part 20 of 20)(Ramsey, Jay)
October 19, 2018 Filing 172 NOTICE OF MOTION AND MOTION for Order for Decertify the Class filed by Defendants On-Line Administrators, Inc., Volkswagen Group America, Inc.. Motion set for hearing on 1/18/2019 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Memorandum Points and Authorities, #2 Declaration Ramsey, #3 Declaration Dolliver, #4 Declaration Pearson, #5 Declaration Karlsgodt, #6 Declaration Megerdichian, #7 Appendix A, Part 1 of 2, #8 Appendix A, Part 2 of 2, #9 Proposed Order) (Ramsey, Jay)
October 19, 2018 Filing 171 REPLY in support NOTICE OF MOTION AND MOTION to Leave to File an Additional Motion for Summary Judgment #166 filed by Defendant Volkswagen Group America, Inc.. (Pearson, Matthew)
October 12, 2018 Filing 170 OPPOSITION to NOTICE OF MOTION AND MOTION to Leave to File an Additional Motion for Summary Judgment #166 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Declaration Deval R. Zaveri, #2 Certificate of Service)(Zaveri, Deval)
October 11, 2018 Filing 169 SCHEDULING NOTICE by Judge Josephine L. Staton: The hearing on Defendant's Motion for Leave to File an Additional Motion for Summary Judgment #166 is now set for 11/2/2018 at 10:30 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tg) TEXT ONLY ENTRY
September 10, 2018 Opinion or Order Filing 168 MINUTES (IN CHAMBERS) ORDER SETTING BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DECERTIFY by Judge Josephine L. Staton: [See order for details] Thus, the filing deadlines are as follows: Defendants motion by October 19, 2018; Plaintiffs' Opposition by November 30, 2018; Defendants' Reply by December 21, 2018. The parties are ordered to meet and confer and notice the motion for a hearing date that is both available on the Court's hearing calendar and acceptable to all parties. If Defendants' motion fails, the Court will decide how to proceed with notifying the class. After the notice process is completed, the Court will hear Plaintiffs' motion for summary judgment. (es)
August 27, 2018 Filing 167 STATEMENT Parties' Positions on Order to Set Briefing Schedule filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz re: Minutes of In Chambers Order/Directive - no proceeding held,, Terminate Hearings, #163 . (Zaveri, Deval)
August 27, 2018 Filing 166 NOTICE OF MOTION AND MOTION to Leave to File an Additional Motion for Summary Judgment filed by Defendant Volkswagen Group America, Inc.. Motion set for hearing on 11/2/2018 at 02:30 PM before Judge Josephine L. Staton. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Pearson, Matthew)
August 27, 2018 Opinion or Order Filing 165 ORDER GRANTING STIPULATION TO EXTEND DEADLINE TO RESPOND TO THE COURT'S ORDER TAKING PLAINTIFFS MOTION FOR APPROVAL OF PROPOSED NOTICE PLAN (DOC. 160) OFF CALENDAR #164 by Judge Josephine L. Staton. See order for details. (es)
August 21, 2018 Filing 164 STIPULATION for Extension of Time to File Respond to the Court's Order Taking Plainitff's Motion off Calendar filed by Defendant On-Line Administrators, Inc.. (Attachments: #1 Proposed Order)(Ramsey, Jay)
August 13, 2018 Opinion or Order Filing 163 MINUTES (IN CHAMBERS) ORDER TAKING PLAINTIFFS MOTION FOR APPROVAL OF PROPOSED NOTICE PLAN (Doc. 160) OFF CALENDAR by Judge Josephine L. Staton: The parties are ORDERED to file a proposed briefing schedule within seven (7) days of this Order. See order for further details. (es)
August 3, 2018 Filing 162 REPLY NOTICE OF MOTION AND MOTION for Order for Approval of Proposed Notice Plan Plaintiffs' Notice of Unopposed Motion and Motion for Approval of Proposed Notice Plan #160 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Declaration James R. Patterson, #2 Certificate of Service)(Patterson, James)
July 27, 2018 Filing 161 OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Approval of Proposed Notice Plan Plaintiffs' Notice of Unopposed Motion and Motion for Approval of Proposed Notice Plan #160 filed by Defendant On-Line Administrators, Inc.. (Ramsey, Jay)
July 10, 2018 Filing 160 NOTICE OF MOTION AND MOTION for Order for Approval of Proposed Notice Plan Plaintiffs' Notice of Unopposed Motion and Motion for Approval of Proposed Notice Plan Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. Motion set for hearing on 8/17/2018 at 02:30 PM before Judge Josephine L. Staton. (Attachments: #1 Proposed Order, #2 Memorandum, #3 Declaration James R. Patterson (Ex. A), #4 Certificate of service) (Patterson, James)
June 20, 2018 Filing 159 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON (tg)
June 19, 2018 Opinion or Order Filing 158 ORDER OF THE CHIEF JUDGE (#18-021) approved by Judge Virginia A. Phillips. IT IS ORDERED, with the concurrence of the Case Management and Assignment Committee, that the following case be reassigned from the calendar of Judge Andre Birotte to the calendar of Judge Josephine L. Staton for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:15-cv-08356 JLS(KSx). (rn)
March 20, 2018 Opinion or Order Filing 157 ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Billy M. Donley to Appear Pro Hac Vice on behalf of Defendant Volkswagen Group of America, Inc., designating Teresa C. Chow as local counsel #156 . (gk)
March 14, 2018 Filing 156 APPLICATION of Non-Resident Attorney Billy M. Donley to Appear Pro Hac Vice on behalf of Defendant Volkswagen Group America, Inc. (Pro Hac Vice Fee - $325 Previously Paid on 3/14/2018, Receipt No. 0973-21411933) filed by Defendant Volkswagen Group America, Inc.. (Attachments: #1 Proposed Order) (Attorney Teresa C Chow added to party Volkswagen Group America, Inc.(pty:dft)) (Chow, Teresa)
March 2, 2018 Opinion or Order Filing 155 ORDER RE JURY/COURT TRIAL by Judge Andre Birotte Jr. Final Pretrial Conference set for 7/12/2019 at 11:00 AM before Judge Andre Birotte Jr. Jury Trial set for 8/6/2019 at 08:30 AM before Judge Andre Birotte Jr. SEE ORDER FOR DETAILS. (cb) Modified on 3/2/2018 (cb).
February 9, 2018 Filing 154 Schedule of Proposed Pretrial and Trial Dates Worksheet filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz re: Text Only Scheduling Notice, 153 (Quinn, Jacquelyn)
February 8, 2018 Opinion or Order Filing 153 (IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The parties are ORDERED to IMMEDIATELY file the REQUIRED Schedule of Pretrial and Trial Dates Worksheet reflecting their proposed case schedules. The Worksheet is available on Judge Birotte's webpage. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
February 6, 2018 Filing 152 STATEMENT Joint Statement on Scheduling Order filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz (Attachments: #1 Proposed Order, #2 Certificate of Service)(Zaveri, Deval)
January 5, 2018 Opinion or Order Filing 151 (IN CHAMBERS) ORDER VACATING PRETRIAL CONFERENCE AND JURY TRIAL DATES by Judge Andre Birotte Jr.: In light of the Order Granting Stipulation to Extend Deadline to Submit Stipulated Amended Scheduling Order (Dkt. No. 150) the previously scheduled Pretrial Conference and Jury Trial dates are vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
December 19, 2017 Opinion or Order Filing 150 ORDER GRANTING STIPULATION TO EXTEND DEADLINE TO SUBMIT STIPULATED AMENDEDSCHEDULING ORDER by Judge Andre Birotte Jr. re Stipulation for Extension of Time to File #149 : The Court, having read and considered the Parties Stipulation to Extend Deadline to Submit Stipulated Amended Scheduling Order, and finding good cause therefor, HEREBY ORDERS that: The deadline to file a stipulated amended scheduling order is continued from December 15, 2017 to February 2, 2018. IT IS SO ORDERED. (yl)
December 15, 2017 Filing 149 STIPULATION for Extension of Time to File Stipulated Amended Scheduling Order filed by Defendant Volkswagen Group America, Inc.. (Attachments: #1 Proposed Order)(Pearson, Matthew)
November 27, 2017 Opinion or Order Filing 148 MINUTES (IN CHAMBERS) ORDER by Judge Andre Birotte Jr: DENYING MOTION TO CERTIFYORDER FOR IMMEDIATE APPEAL #140 The Motion is DENIED. IT IS SO ORDERED. (rfi)
November 16, 2017 Opinion or Order Filing 147 (IN CHAMBERS) ORDER TAKING MOTION TO CERTIFY FOR IMMEDIATE APPEAL ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DKT. #140 ) UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on November 17, 2017, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
November 3, 2017 Filing 146 REPLY support of NOTICE OF MOTION AND MOTION to Certify Immediate Appeal Order Denying Defendants MSJ #140 filed by Defendants On-Line Administrators, Inc., Volkswagen Group America, Inc.. (Ramsey, Jay)
October 27, 2017 Filing 145 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Immediate Appeal Order Denying Defendants MSJ #140 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Certificate of Service)(Patterson, James)
October 18, 2017 Opinion or Order Filing 144 ORDER GRANTING JOINT MOTION TO EXTEND DEADLINE TO SUBMIT STIPULATED AMENDED SCHEDULING ORDER #143 by Judge Andre Birotte Jr. The Court HEREBY ORDERS that: 1. The deadline to file a stipulated amended scheduling order is continued from October 16, 2017 to December 15, 2017. (lom)
October 16, 2017 Filing 143 Joint NOTICE OF MOTION AND MOTION for Extension of Time to File Stipulated Amended Scheduling Order filed by Plaintiff Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Quinn, Jacquelyn)
October 13, 2017 Filing 142 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/25/17, 10:28 A.M. re Transcript #141 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Jui, Chia) TEXT ONLY ENTRY
October 13, 2017 Filing 141 TRANSCRIPT for proceedings held on 8/25/17, 10:28 A.M.. Court Reporter/Electronic Court Recorder: Chia Mei Jui, CSR, cmjui.csr@gmail.com, 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 cmjui.csr@gmail.com or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/3/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/11/2018. (Jui, Chia)
October 13, 2017 Filing 140 NOTICE OF MOTION AND MOTION to Certify Immediate Appeal Order Denying Defendants MSJ filed by Defendant On-Line Administrators, Inc.. Motion set for hearing on 11/17/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order) (Ramsey, Jay)
October 5, 2017 Opinion or Order Filing 139 ORDER GRANTING JOINT MOTION TO EXTEND DEADLINE TO SUBMIT STIPULATED AMENDED SCHEDULING ORDER by Judge Andre Birotte Jr.: Upon the Joint Motion #138 , the Court HEREBY ORDERS that the deadline to file a stipulated amended scheduling order is continued to 10/16/2017. (gk)
October 2, 2017 Filing 138 Joint NOTICE OF MOTION AND MOTION for Extension of Time to File Submit Stipulated Amended Scheduling Order filed by Defendant Volkswagen Group America, Inc.. (Attachments: #1 Proposed Order) (Pearson, Matthew)
September 25, 2017 Opinion or Order Filing 137 ORDER GRANTING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by Judge Andre Birotte Jr.: The Court finds that class certification is appropriate because Plaintiffs have established the requisite commonality, typicality, and adequacy of representation. Plaintiffs' Second Amended Motion for Class Certification #100 is therefore GRANTED. (gk)
September 25, 2017 Opinion or Order Filing 136 ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by Judge Andre Birotte Jr.: The Court DENIES Defendants' Motion for Summary Judgment #106 with respect to the claims of Brian Trenz and GRANTS Defendants' Motion for Summary Judgment with respect to the claims of Francis Breidenbach. See document for further details. (gk)
September 19, 2017 Filing 135 TRANSCRIPT ORDER as to Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz for Court Reporter. Court will contact Tupu O'Neill at tupu@pattersonlawgroup.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Patterson, James)
September 19, 2017 Filing 134 NOTICE of Change of address by James Richard Patterson attorney for Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. Changing attorneys address to 1350 Columbia Street Suite 603, San Diego CA 92101. Filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Certificate of service)(Attorney James Richard Patterson added to party Noelle Simms(pty:pla))(Patterson, James)
September 19, 2017 Filing 133 TRANSCRIPT ORDER as to Defendant On-Line Administrators, Inc. for Court Reporter. Court will contact Xavier Maurice at xmaurice@sheppardmullin.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Ramsey, Jay)
September 1, 2017 Filing 132 Notice of Appearance or Withdrawal of Counsel: for attorney Jacquelyn E Quinn counsel for Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. Adding Jacquelyn E. Quinn as counsel of record for Brian Trenz, Francis Breidenbach, Caitlyn Farrell, and Noelle Simms for the reason indicated in the G-123 Notice. Filed by Plaintiff Brian Trenz, Francis Breidenbach, Caitlyn Farrell, and Noelle Simms. (Attorney Jacquelyn E Quinn added to party Francis Breidenbach(pty:pla), Attorney Jacquelyn E Quinn added to party Caitlyn Farrell(pty:pla), Attorney Jacquelyn E Quinn added to party Noelle Simms(pty:pla), Attorney Jacquelyn E Quinn added to party Brian Trenz(pty:pla))(Quinn, Jacquelyn)
August 28, 2017 Filing 131 SEALED DOCUMENT Plaintiffs' Unredacted Reply Memorandum of Points and Authorities in Support of Second Amended Motion for Class Certification re Reply (Motion related), #126 , Order on Motion for Leave to File Document Under Seal, #129 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz.(Tabb, James)
August 25, 2017 Filing 130 MINUTES OF 1) SECOND AMENDED MOTION FOR CLASS CERTIFICATION #100 ; and 2) VOLKSWAGON GROUP OF AMERICA, INC.'S MOTION FOR SUMMARY JUDGMENT AS TO THE CLAIMS ASSERTED BY PLAINTIFFS BRIAN TRENZ AND FRANCIS BREIDENBACH #106 Motion Hearing held before Judge Andre Birotte Jr: The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions under submission. Court Reporter: Chia Mei Jui. (clee)
August 15, 2017 Opinion or Order Filing 129 ORDER GRANTING PLAINTIFFS' APPLICATION TO FILE UNDER SEAL PURSUANT TO C.D. CAL. CIV. LOCAL RULE 79-5.2.2. #127 by Judge Andre Birotte Jr. The Court hereby orders that the Application is GRANTED. Plaintiffs' unredacted document titled Plaintiffs' Reply Memorandum of Points and Authorities in Support of Second Amended Motion for Class Certification shall be filed under seal by counsel, immediately. IT IS SO ORDERED. (lom)
August 7, 2017 Filing 128 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #127 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Unredacted Document Reply Memorandum)(Tabb, James)
August 7, 2017 Filing 127 APPLICATION to file document under seal filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Proposed Order, #2 Redacted Document Reply Memorandum, #3 Certificate of service)(Tabb, James)
August 7, 2017 Filing 126 REPLY NOTICE OF MOTION AND MOTION to Certify Class (Second Amended Motion for Class Certification #100 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Declaration James A. Tabb and Exhibits A-D, #2 Declaration Simms, #3 Certificate of service)(Tabb, James)
July 31, 2017 Filing 125 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Claims Asserted by Plaintiffs #106 filed by Defendants On-Line Administrators, Inc., Volkswagen Group America, Inc.. (Attachments: #1 Supplement Reply Separate Statement)(Attorney Jay T Ramsey added to party Volkswagen Group America, Inc.(pty:dft))(Ramsey, Jay)
July 28, 2017 Filing 124 SEALED DOCUMENT (1. Unredacted Document Plaintiffs' Opposition to Defendants' Motion for Summary Judgment and 2. Unredacted Document Declaration of Zaveri and Exhibits 1-8) re Sealed Declaration in SupportDeclaration, #116 , Order on Motion for Leave to File Document Under Seal, #121 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Declaration)(Zaveri, Deval)
July 28, 2017 Filing 123 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Declaration of Charles Havener under seal #119 filed by Defendant Volkswagen Group America, Inc..(Pearson, Matthew)
July 27, 2017 Opinion or Order Filing 122 ORDER GRANTING DEFENDANTS' APPLICATION TO FILE UNDER SEAL PURSUANT TO C.D. CAL. CIV. LOCAL RULE 79-5.2.2 by Judge Andre Birotte Jr. Upon consideration of the Application to File Under Seal the unredacted documents #119 , the Court hereby orders that the Application is GRANTED. SEE ORDER FOR DETAILS. (iv)
July 27, 2017 Opinion or Order Filing 121 ORDER GRANTING PLAINTIFFS' APPLICATION TO FILE UNDER SEAL PURSUANT TO C.D. CAL. CIV. LOCAL RULE 79-5.2.2. by Judge Andre Birotte Jr. Upon consideration of the Application to File Under Seal the unredacted documents #115 , the Court hereby orders that the Application is GRANTED. SEE ORDER FOR DETAILS. (iv)
July 25, 2017 Filing 120 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Declaration of Charles Havener under seal #119 filed by Defendant Volkswagen Group America, Inc..(Pearson, Matthew)
July 25, 2017 Filing 119 APPLICATION to file document Declaration of Charles Havener under seal filed by Defendant Volkswagen Group America, Inc.. (Attachments: #1 Declaration of Matthew D. Pearson, #2 Redacted Document, #3 Proposed Order)(Pearson, Matthew)
July 25, 2017 Filing 118 OPPOSITION re: NOTICE OF MOTION AND MOTION to Certify Class (Second Amended Motion for Class Certification #100 filed by Defendant Volkswagen Group America, Inc.. (Attachments: #1 Declaration of Jay T. Ramsey, #2 Declaration of Stan Megerdichian (with Exhibits A-J), #3 Declaration of Guy Scarpelli, #4 Declaration of Paul G. Karlsgodt, #5 Exhibit K to Declaration of Karlsgodt, #6 Exhibit L to Declaration of Karlsgodt, #7 Exhibit M to Declaration of Karlsgodt, #8 Declaration of Matthew D. Pearson (with Exhibits N, S-W), #9 Declaration of Scott O'Donell (with Exhibits O-P), #10 Declaration of Bill Schmitz (with Exhibit Q), #11 Declaration of Jim Bucolt (with Exhibit R), #12 Declaration /Redacted Declaration of Charles Havener (with Exhibits X-HH))(Pearson, Matthew)
July 25, 2017 Filing 117 NOTICE of Manual Filing filed by Defendant On-Line Administrators, Inc. of CD. (Ramsey, Jay)
July 21, 2017 Filing 116 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #115 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Unredacted Document Opposition, #2 Unredacted Document Declaration of Zaveri)(Zaveri, Deval)
July 21, 2017 Filing 115 APPLICATION to file document under seal filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Proposed Order, #2 Redacted Document Opposition, #3 Redacted Document Declaration, #4 Certificate of service)(Zaveri, Deval)
July 21, 2017 Filing 114 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Claims Asserted by Plaintiffs #106 Redacted Document Plaintiffs' Opposition to Defendants' Motion for Summary Judgment filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Redacted Document Declaration of Zaveri and Exhibits 1-8, #2 Separate Statement, #3 Certificate of service)(Zaveri, Deval)
July 19, 2017 Opinion or Order Filing 113 (IN CHAMBERS) ORDER CONTINUING HEARING DATE by Judge Andre Birotte Jr.: Because Judge Birotte now hears civil matters on Fridays at 10:00 a.m., the hearing in this matter, previously scheduled for August 21, 2017, has been continued to Friday, August 25, 2017, at 10:00 a.m. before Judge Andre Birotte Jr. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
July 18, 2017 Filing 112 NOTICE TO PARTIES by District Judge Andre Birotte Jr.: Effective Monday, July 31, 2017, Judge Birotte will hear all civil matters on Fridays at 10:00 a.m. Any hearing currently on calendar for Monday, July 31st or later will be heard Friday of the same week. Hearing deadlines in scheduling orders shall be read to reflect the same. Motions filed in the month of July will adhere to the current briefing schedule, with opposition and reply briefs due on Mondays. For any motion filed July 31, 2017, or later (noticed for hearing on Friday, September 1, 2017, or later) the briefing schedule shall adhere to Local Rules 7-9 and 7-10, these deadlines each falling on a Friday in accordance with the new Friday calendar dates: 21 days prior for opposition papers and 14 days prior for reply papers. All Jury Trials will still commence on Tuesdays. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
July 14, 2017 Filing 111 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Statement of Uncontroverted Facts #107 . The following error(s) was found: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to the Motion, document number 106, or a Notice of Lodging, Local Rule 5-4.4.1. 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. (iv)
June 30, 2017 Opinion or Order Filing 110 ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION TO CONTINUE HEARING DATE AND EXTEND BRIEFING SCHEDULE by Judge Andre Birotte Jr.: The Court GRANTS Plaintiffs' Ex Parte Application to Continue Hearing Date and Extend Briefing Schedule #108 . IT IS HEREBY ORDERED that the briefing schedule for Defendants' Motion for Summary Judgement as to the Claims Asserted by Plaintiffs Brian Trenz and Francis Breidenbach #106 is modified as follows: Plaintiffs' opposition shall be filed on or before 7/21/2017. Defendants' reply shall be filed on or before 7/31/2017. The hearing on this matter is continued to 8/21/2017 at 10:00 AM. (gk)
June 28, 2017 Filing 109 Partial Opposition opposition re: First EX PARTE APPLICATION for Extension of Time to File Opposition to Defendants' Motion for Summary Judgement #108 filed by Defendant On-Line Administrators, Inc.. (Ramsey, Jay)
June 27, 2017 Filing 108 First EX PARTE APPLICATION for Extension of Time to File Opposition to Defendants' Motion for Summary Judgement filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Declaration, #2 Proposed Order, #3 Certificate of Service) (Zaveri, Deval)
June 26, 2017 Filing 107 STATEMENT of Uncontroverted Facts and Conclusions of Law in Suport of re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Claims Asserted by Plaintiffs #106 . (Ramsey, Jay)
June 26, 2017 Filing 106 NOTICE OF MOTION AND MOTION for Summary Judgment as to Claims Asserted by Plaintiffs filed by Defendant On-Line Administrators, Inc., Volkswagen Group America, Inc.. Motion set for hearing on 7/24/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration, #2 Exhibit A-H to Megerdichian Dec, #3 Declaration, #4 Exhibit I-J to Ramsey Dec, #5 Proposed Order) (Ramsey, Jay)
June 19, 2017 Filing 105 SEALED DOCUMENT 1) Redacted Document Memorandum of Points and Authorities ISO Second Amended Motion for Class Certification and 2) Redacted Document Declaration of James A. Tabb and Exhibits 1-12 re Sealed Declaration in SupportDeclaration, #102 , Order on Motion for Leave to File Document Under Seal, #103 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Declaration)(Tabb, James)
June 19, 2017 Filing 104 Notice Update: Judge Stevenson will conduct all Court appearances in Courtroom 580, 5th floor located at the Roybal Federal Building, 255 E. Temple Street, Los Angeles, California 90012. Please update your records to reflect this change. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
June 16, 2017 Opinion or Order Filing 103 ORDER GRANTING PLAINTIFFS' APPLICATION TO FILE UNDER SEAL PURSUANT TO C.D. CAL. CIV. LOCAL RULE 79-5.2.2. by Judge Andre Birotte Jr. Upon consideration of the Application to File Under Seal the unredacted documents #101 ; the Court hereby orders that the Application is GRANTED. SEE ORDER FOR DETAILS. (iv)
June 14, 2017 Filing 102 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #101 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Unredacted Document Memorandum, #2 Unredacted Document Declaration of James A. Tabb and Exhibits 1-12)(Tabb, James)
June 14, 2017 Filing 101 APPLICATION to file document under seal filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. Application set for hearing on 8/21/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order, #2 Redacted Document Memorandum, #3 Redacted Document Declaration of James A. Tabb and Exhibits 1-12, #4 Certificate of service)(Tabb, James)
June 14, 2017 Filing 100 NOTICE OF MOTION AND MOTION to Certify Class (Second Amended Motion for Class Certification Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. Motion set for hearing on 8/21/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Redacted Document Memorandum, #2 Redacted Document Declaration of James A. Tabb and Exhibits 1-12, #3 Declaration James R. Patterson and Exhibit 13, #4 Declaration Trenz, #5 Declaration Breidenbach, #6 Declaration Farrell, #7 Declaration Simms, #8 Declaration Jeffrey Hansen and Exhibits A-E, #9 Proposed Order, #10 Certificate of service) (Tabb, James)
June 6, 2017 Opinion or Order Filing 99 ORDER GRANTING JOINT STIPULATION TO VACATE TRIAL DATE AND RELATED DATES by Judge Andre Birotte Jr.: The Joint Stipulation to Vacate Trial Date and Related Dates and to Schedule Case Management Conference #96 is GRANTED. The following dates are VACATED: Initial Expert Disclosures 6/13/2017. Last Day to Complete Mediation 7/10/2017. Rebuttal Expert Disclosures 7/17/2017. Non-expert Discovery Cut-off 8/29/2017. Expert Discovery Cut-off 9/25/2017. Last Day to Hear Motions 9/25/2017. Memorandum of Contentions due date of 11/21/2017. Pretrial Conference Order due date of 12/12/2017. Final Pretrial Conference date of 1/8/2018. Trial date of 1/23/2018. The parties must meet and confer on new dates for an amended Scheduling Order, and file a Joint Stipulation to Amend Scheduling Order and an appropriate Proposed Order no later than 10/2/2017. (gk)
June 6, 2017 Filing 98 ANSWER to Amended Complaint/Petition, #94 Second Amended Complaint filed by Defendant Volkswagen Group America, Inc..(Pearson, Matthew)
June 6, 2017 Filing 97 ANSWER to Amended Complaint/Petition, #94 Second Amended Complaint filed by Defendant On-Line Administrators, Inc..(Ramsey, Jay)
June 5, 2017 Filing 96 Joint STIPULATION to Vacate Trial Date and Related Dates and to Schedule Case Management Conference Francis Breidenbach, Caitlyn Farrell, Noelle Simms, Brian Trenz. (Attachments: #1 Proposed Order, #2 certificate of service)(Attorney James A Tabb added to party Noelle Simms(pty:pla))(Tabb, James)
June 5, 2017 Filing 95 Effective June 8, 2017, Judge Stevenson will be located at the Edward R. Roybal Federal Building, Suite 8100, on the 8th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 570 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
May 30, 2017 Filing 94 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition, #56 , filed by plaintiff Brian Trenz, Caitlyn Farrell, Francis Breidenbach, Noelle Simms (Attachments: #1 Exhibit 1-4, #2 certificate of service)(Attorney Deval R Zaveri added to party Noelle Simms(pty:pla))(Zaveri, Deval)
May 26, 2017 Opinion or Order Filing 93 ORDER GRANTING STIPULATION FOR PLAINTIFF TO FILE SECOND AMENDED COMPLAINT ADDING A NEW PLAINTIFF, AND TO SET BRIEFING SCHEDULE ON THE SECOND AMENDED MOTION FOR CLASS CERTIFICATION by Judge Andre Birotte Jr, re Stipulation for Order #90 . The Second Amended Complaint shall be filed immediately. Defendants shall answer the SAC within seven (7) days from the date of filing. See document for details. (smo)
May 25, 2017 Opinion or Order Filing 92 STIPULATED PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson. Discovery in this action is likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. #90 #91 (SEE ORDER FOR FURTHER DETAILS) (gr)
May 24, 2017 Filing 91 STIPULATION for Protective Order filed by Defendant Volkswagen Group America, Inc..(Pearson, Matthew)
May 24, 2017 Filing 90 Joint STIPULATION for Order Plaintiff to File Second Amended Complaint Adding A New Plaintiff, And to Set Briefing Schedule on Second Amended Motion for Class Certification Francis Breidenbach, Caitlyn Farrell, Brian Trenz. (Attachments: #1 Exhibit 1, #2 Proposed Order, #3 Certificate of service)(Tabb, James)
May 16, 2017 Opinion or Order Filing 89 MINUTES (IN CHAMBERS) Order Re: Plaintiffs' Request for Clarification and/or Motion for Partial Reconsideration of the Court's 4/26/2017 Order by Judge Andre Birotte Jr.: Before the Court is Plaintiffs' request for clarification regarding the Court's 4/26/2017 order #88 . Plaintiffs request that the Court clarify its 4/26/2017 order and the order's impact on Plaintiffs ability to propose Caitlyn Farrell as a class representative in their amended motion for class certification. To the extent that the Court's 4/26/2017 order precludes Plaintiffs from proposing Ms. Farrell as a class member, Plaintiffs have filed a Motion for Partial Reconsideration. The Court's 4/26/2017 Order Denying Plaintiffs Motion for Class Certification was without prejudice. Plaintiffs may propose Ms. Farrell as a class representative in their amended motion for class certification. Plaintiffs amended motion for class certification should address the Court's concerns with respect to Ms. Farrell's typicality, as outlined in the Court's 4/26/2017 order. Court Reporter: N/A. (gk)
May 8, 2017 Filing 88 REQUEST for Reconsideration re Order on Motion to Certify,, #87 Plaintiffs' Notice of Request for Clarification and/or Motion for Partial Reconsideration of the Court's April 26, 2017 Order Francis Breidenbach, Caitlyn Farrell, Brian Trenz. Request set for hearing on 6/19/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum, #2 Exhibit 1, #3 Declaration James R. Patterson, #4 Proposed Order, #5 Certificate of service) (Patterson, James)
April 26, 2017 Opinion or Order Filing 87 ORDER DENYING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION #57 by Judge Andre Birotte Jr: The Court finds that class certification is inappropriate because Plaintiffs have not established the degree of commonality required by Rule 23(a). Plaintiffs Motion for Class Certification (Dkt. 57) is therefore DENIED without prejudice. Plaintiffs may file an amended Motion for Class Certification within thirty (30) days from the date of this Order. IT IS SO ORDERED. SEE ATTACHED ORDER FOR FURTHER DETAILS. (clee)
April 24, 2017 Filing 86 MINUTES OF PLAINTIFFS' AMENDED MOTION FOR CLASS CERTIFICATION held before Judge Andre Birotte Jr. The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion #57 under submission. Court Reporter: Chia Mei Jui. (iv)
April 3, 2017 Filing 85 REPLY In Support of NOTICE OF MOTION AND MOTION to Certify Class #57 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Brian Trenz. (Attachments: #1 Declaration James A. Tabb and Exhibits 1-3, #2 Declaration Noelle H. Simms, #3 Certificate of service)(Tabb, James)
March 15, 2017 Filing 84 NOTICE of Manual Filing filed by Defendant On-Line Administrators, Inc. of CDROM Disc. (Ramsey, Jay)
March 13, 2017 Filing 83 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class #57 filed by Defendants On-Line Administrators, Inc., Volkswagen Group America, Inc.. (Attachments: #1 Declaration Megerdichian, #2 Exhibit A-F, #3 Declaration Scarpelli, #4 Declaration Ramsey, #5 Declaration Karlsgodt, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I)(Ramsey, Jay)
March 13, 2017 Filing 82 NOTICE of Manual Filing filed by Defendants On-Line Administrators, Inc., Volkswagen Group America, Inc. of Defendants. (Ramsey, Jay)
February 2, 2017 Opinion or Order Filing 81 ORDER GRANTING JOINT STIPULATION TO CONTINUE MOTION FOR CLASS CERTIFICATION FLING DEADLINES AND HEARING DATE by Judge Andre Birotte Jr.: Upon Stipulation #80 , the Court hereby ORDERS that the 1/5/2017 Order (ECF Dkt. No. #79 ) shall be amended as follows, and that the following dates shall be the new briefing schedule and hearing date on Plaintiffs' Motion for Class Certification #57 : Opposition filed by 3/13/2017; Reply filed by 4/3/2017; Opposition filed by 3/13/2017; Reply filed by 4/3/2017; Hearing set on 4/24/2017 at 10:00 AM before Judge Andre Birotte Jr. (gk)
January 31, 2017 Filing 80 Joint STIPULATION to Continue Motion for Class Certification Filing Deadlines and Hearing Date from March 13, 2017 to April 17, 2017 filed by Defendant Volkswagen Group America, Inc.. (Attachments: #1 Proposed Order)(Pearson, Matthew)
January 5, 2017 Opinion or Order Filing 79 ORDER GRANTING JOINT STIPULATION TO MODIFY BRIEFING SCHEDULE ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by Judge Andre Birotte Jr.: Upon Stipulation #78 , hereby ORDERS that the 10/20/2016 Order (ECF Dkt. No. #55 ) shall be amended insofar as the following dates and that the following dates shall be the new briefing schedule on the Motion for Class Certification #57 : Opposition filed by 2/8/2017; Reply filed by 2/27/2017; Hearing Date 3/13/2017. (gk)
January 3, 2017 Filing 78 Joint Stipulation filed by Defendant On-Line Administrators, Inc. to Modify Briefing Schedule on Plaintiff's Motion for Class Certification (Attachments: #1 Proposed Order)(Ramsey, Jay)
January 3, 2017 Filing 77 ANSWER to Amended Complaint/Petition, #56 Answer to the First Amended Complaint filed by Defendant On-Line Administrators, Inc..(Ramsey, Jay)
December 30, 2016 Filing 76 ANSWER to Amended Complaint/Petition, #56 filed by Defendant Volkswagen Group America, Inc..(Pearson, Matthew)
December 16, 2016 Opinion or Order Filing 75 MINUTES (IN CHAMBERS) ORDER DENYING Motion to Dismiss First Amended Complaint or Compel Arbitration by Judge Andre Birotte Jr. Before the Court is Defendant On-Line Administrators, Inc., dba Peak Performance Marketing Solutions' ("Peak") Motion to Dismiss First Amended Complaint or Compel Arbitation #62 . Defendant Volkswagen Group of America, Inc. filed a joinderin the motion #63 . The Court finds the motion appropriate for resolution without oral argument and therefore VACATES the hearing set for December 19, 2016. For the following reasons, the Court DENIES the Motion. (iv)
December 7, 2016 Filing 74 SEALED DOCUMENT (1. Undredacted Opposition and 2. Unredacted Declaration of James A. Tabb) re Objection/Opposition (Motion related),, #68 , APPLICATION to file document under seal #69 , Sealed Declaration in SupportDeclaration, #70 , Order on Motion for Leave to File Document Under Seal, #72 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Brian Trenz. (Attachments: #1 Unredacted Document Declaration of James A. Tabb)(Tabb, James)
December 5, 2016 Filing 73 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint (Redacted #62 filed by Defendant On-Line Administrators, Inc.. (Attachments: #1 Declaration of Jay T. Ramsey)(Ramsey, Jay)
December 5, 2016 Opinion or Order Filing 72 ORDER GRANTING PLAINTIFF'S APPLICATION TO FILE UNDER SEAL PURSUANT TO C.D. CAL. CIV. LOCAL RULE 79-5.2.2. by Judge Andre Birotte Jr. Upon consideration of the Application to File Under Seal the unredacted documents #69 the Court hereby orders that the Application is GRANTED. SEE ORDER FOR DETAILS. (iv)
December 5, 2016 Filing 71 NOTICE TO PARTIES by District Judge Andre Birotte Jr. Effective December 12, 2016, Judge Birotte will be located at the 1st Street Courthouse, COURTROOM 7B on the 7th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 7B of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
December 1, 2016 Filing 70 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #69 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Brian Trenz. (Attachments: #1 Unredacted Document Opposition, #2 Unredacted Document Declaration of James A. Tabb)(Tabb, James)
December 1, 2016 Filing 69 APPLICATION to file document under seal filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Brian Trenz. (Attachments: #1 Proposed Order, #2 Redacted Document Opposition, #3 Redacted Document Declaration of James A. Tabb, #4 Certificate of Service)(Tabb, James)
December 1, 2016 Filing 68 Opposition re: NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint (Redacted #62 , NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint (Redacted #62 #63 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Brian Trenz. (Attachments: #1 Redacted Document Declaration of James A. Tabb, #2 Declaration Trenz, #3 Declaration Farrell, #4 Declaration Breidenbach, #5 Certificate of Service)(Tabb, James)
November 22, 2016 Opinion or Order Filing 67 ORDER GRANTING JOINT STIPULATION TO CONTINUE HEARING DATE AND BRIEFING DEADLINES ON MOTION TO DISMISS by Judge Andre Birotte Jr.: The Joint Stipulation to Continue the Hearing Date and Briefing Deadlines on the pending Motion to Dismiss the First Amended Complaint #66 is GRANTED. The new dates are as follows: Opposition filed by 12/1/2016 (by 12:00 pm); Reply filed by 12/5/2016; Hearing on the Motion to Dismiss First Amended Complaint #62 , and Joinder #63 set for 12/19/2016 at 10:00 AM before Judge Andre Birotte Jr. (gk)
November 18, 2016 Filing 66 Joint STIPULATION to Continue Hearing on Motion to Dismiss the First Amended Complaint from December 12, 2016 to December 19, 2016 Francis Breidenbach, Caitlyn Farrell, Brian Trenz. (Attachments: #1 Proposed Order, #2 certificate of service)(Attorney James Richard Patterson added to party Francis Breidenbach(pty:pla), Attorney James Richard Patterson added to party Caitlyn Farrell(pty:pla))(Patterson, James)
November 15, 2016 Opinion or Order Filing 65 ORDER GRANTING JOINT STIPULATION TO CONTINUE HEARING DATE AND BRIEFING DEADLINES ON MOTION TO DISMISS #64 by Judge Andre Birotte Jr. The Joint Stipulation #64 to Continue the Hearing Date and Briefing Deadlines on the pending Motion to Dismiss the First Amended Complaint #62 #63 is GRANTED. The new dates are as follows: Opposition filed by: November 21, 2016; Reply filed by: November 28, 2016; Hearing on: December 12, 2016 at 10:00 a.m. (lom)
November 10, 2016 Filing 64 Joint STIPULATION to Continue Hearing on Motion to Dismiss the First Amended Complaint from December 5, 2016 to December 12, 2016 Francis Breidenbach, Caitlyn Farrell, Brian Trenz. (Attachments: #1 Proposed Order, #2 certificate of service)(Tabb, James)
November 4, 2016 Filing 63 NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint (Redacted #62 filed by Defendant Volkswagen Group America, Inc.. Motion set for hearing on 12/5/2016 at 10:00 AM before Judge Andre Birotte Jr. (Pearson, Matthew)
November 4, 2016 Filing 62 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint (Redacted filed by Defendant On-Line Administrators, Inc.. Motion set for hearing on 12/5/2016 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration Puglisi, #2 Redacted Document Ex A to Puglisi Dec, #3 Redacted Document Megerdichian Dec, #4 Redacted Document Ex B, #5 Redacted Document Ex C, #6 Redacted Document Ex D, #7 Redacted Document Ex E, #8 Redacted Document Scarpelli Dec, #9 Proposed Order) (Puglisi, Fred)
October 26, 2016 Filing 61 SEALED DOCUMENT (1. Unredacted Memorandum of Points and Authorities in Support of Amended Motion for Class Certification and 2. Unredacted Declaration of James A. Tabb and Exhibits 1-10) re Order on Motion for Leave to File Document Under Seal #60 , Sealed Declaration in SupportDeclaration, #59 , APPLICATION to file document under seal #58 , NOTICE OF MOTION AND MOTION to Certify Class #57 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Brian Trenz. (Attachments: #1 Declaration)(Tabb, James)
October 25, 2016 Opinion or Order Filing 60 ORDER GRANTING PLAINTIFFS' APPLICATION TO FILE UNDER SEAL PURSUANT TO C.D. CAL. CIV. LOCAL RULE 79-5.2.2. by Judge Andre Birotte Jr re: #58 APPLICATION to Seal Document. (mrgo)
October 21, 2016 Filing 59 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #58 filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Brian Trenz. (Attachments: #1 Unredacted Document Memorandum, #2 Unredacted Document Declaration of James A. Tabb and Exhibits 1-10)(Tabb, James)
October 21, 2016 Filing 58 APPLICATION to file document under seal filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Brian Trenz. (Attachments: #1 Proposed Order, #2 Redacted Document Memorandum, #3 Redacted Document Declaration of James A. Tabb and Exhibits 1-10, #4 Certificate of Service)(Tabb, James)
October 21, 2016 Filing 57 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Francis Breidenbach, Caitlyn Farrell, Brian Trenz. Motion set for hearing on 3/13/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Redacted Document Memorandum, #2 Redacted Document Declaration of James A. Tabb and Exhibits 1-10, #3 Declaration James R. Patterson and Exhibit 11, #4 Declaration Jeffrey Hansen and Exhibits A-E, #5 Declaration Brian Trenz, #6 Declaration Francis Breidenbach, #7 Declaration Caitlyn Farrell, #8 Proposed Order, #9 Certificate of Service) (Attorney James A Tabb added to party Francis Breidenbach(pty:pla), Attorney James A Tabb added to party Caitlyn Farrell(pty:pla)) (Tabb, James)
October 21, 2016 Filing 56 FIRST AMENDED COMPLAINT All Defendants amending Complaint (Attorney Civil Case Opening) #1 (Attachments: #1 certificate of service)(Attorney Deval R Zaveri added to party Francis Breidenbach(pty:pla), Attorney Deval R Zaveri added to party Caitlyn Farrell(pty:pla))(Zaveri, Deval)
October 20, 2016 Opinion or Order Filing 55 ORDER GRANTING Stipulation for Plaintiff to File First Amended Complaint Adding New Plaintiffs and Request for Modified Scheduling Order #54 by Judge Andre Birotte Jr. Plaintiff pending Motion for Class Certificaiton (Dkt. No. 44) is hereby STRICKEN. The Court also sets the following new dates: Amended Mot for Class Cert: 10/21/2016. Opposition filed by: 1/13/2017. Reply filed by: 2/17/2017. Hearing Date: 3/13/2017. Initial Expert Disclosures: 6/13/2017. Rebuttal Expert Disclosures: 7/17/2017. Non-expert Discovery Cut-off: 8/29/2017. Expert Discovery Cut-off: 9/25/2017. Last Day to Hear Motions: 9/25/2017. Memorandum of Contentions: 11/21/2017. Pretrial Conference Order: 12/12/2017. Final Pretrial Conference: 1/8/2018, at 11:00 AM. Trial: 1/23/2018, at 8:30 AM. (jp)
October 7, 2016 Filing 54 Joint STIPULATION for Order Plaintiff to File First Amended Complaint Adding New Plaintiffs and Request for Modified Scheduling Order Brian Trenz. (Attachments: #1 Exhibit 1, #2 Proposed Order, #3 certificate of service)(Patterson, James)
September 12, 2016 Filing 53 SEALED DOCUMENT (1. Unredacted Memorandum of Points and Authorities in Support of Motion for Class Certification and 2. Unredacted Declaration of James A. Tabb in Support of Motion for Class Certification) re NOTICE OF MOTION AND MOTION to Certify Class #44 , Order on Motion for Leave to File Document Under Seal, #47 filed by Plaintiff Brian Trenz. (Attachments: #1 Declaration)(Tabb, James)
September 9, 2016 Filing 52 DECLARATION NOTICE OF MOTION AND MOTION to Certify Class #44 Declaration of James A. Tabb regarding Compliance with Local Rule 7-3 for Motion for Class Certification filed by Plaintiff Brian Trenz. (Attachments: #1 certificate of service)(Tabb, James)
August 26, 2016 Opinion or Order Filing 51 (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (Dkt. No. 44) by Judge Andre Birotte Jr. It appears that Plaintiff's Motion to Certify Class does not include a statement of compliance with Local Rule 7-3. If Plaintiff has complied with Local Rule 7-3, he is ordered to file a declaration with the required attestation forthwith, but no later than August 31, 2016. If Plaintiff's counsel has not met and conferred with defense counsel, counsel is ordered to do so promptly and file an appropriate declaration no later than September 9, 2016. If no declaration of compliance is received by that deadline, the Court may strike the Motion for failure to comply with Local Rule 7-3. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
August 25, 2016 Filing 50 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew D Pearson counsel for Defendant Volkswagen Group America, Inc.. Adding Matthew D. Pearson as counsel of record for Defendant Volkswagen Group of America, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Volkswagen Group of America, Inc.. (Attorney Matthew D Pearson added to party Volkswagen Group America, Inc.(pty:dft))(Pearson, Matthew)
August 24, 2016 Filing 49 Notice of Appearance or Withdrawal of Counsel: for attorney Tanya L Forsheit counsel for Defendant Volkswagen Group America, Inc.. Tanya L. Forsheit 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 Volkswagen Group America, Inc.. (Forsheit, Tanya)
August 24, 2016 Filing 48 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel Marc Goldberg counsel for Defendant Volkswagen Group America, Inc.. Daniel Marc Goldberg 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 Volkswagen Group America, Inc.. (Goldberg, Daniel)
August 23, 2016 Opinion or Order Filing 47 ORDER GRANTING PLAINTIFF'S APPLICATION TO FILE UNDER SEAL PURSUANT TO C.D. CAL. CIV. LOCAL RULE 79-5.2.2. by Judge Andre Birotte Jr. Upon consideration of the Application to File Under Seal #45 ; the Court hereby orders that the Application is GRANTED. Counsel is ORDERED to electronically file the under seal documents. SEE ORDER FOR DETAILS. (iv)
August 15, 2016 Filing 46 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #45 filed by Plaintiff Brian Trenz. (Attachments: #1 Unredacted Document Memorandum, #2 Unredacted Document Declaration of James A. Tabb and Exhibits 1-10)(Tabb, James)
August 15, 2016 Filing 45 APPLICATION to file document under seal filed by Plaintiff Brian Trenz. (Attachments: #1 Proposed Order, #2 Redacted Document Memorandum, #3 Redacted Document Declaration of James A. Tabb and Exhibits 1-10, #4 Certificate of Service)(Tabb, James)
August 15, 2016 Filing 44 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Brian Trenz. Motion set for hearing on 12/5/2016 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Redacted Document Memorandum, #2 Redacted Document Declaration of James A. Tabb and Exhibits 1-10, #3 Declaration of James R. Patterson and Exhibit 11, #4 Declaration of Brian Trenz, #5 Declaration Jeffrey Hansen and Exhibits A-E, #6 Proposed Order, #7 Certificate of Service) (Tabb, James)
July 27, 2016 Filing 43 NOTICE of Change of Attorney Business or Contact Information: for attorney Deval R Zaveri counsel for Plaintiff Brian Trenz. Changing Address to 402 West Broadway, Suite 1950 San Diego CA 92101. Changing fax number to 619-239-7800. Filed by Plaintiff Brian Trenz. (Attachments: #1 Certificate of Service)(Zaveri, Deval)
July 25, 2016 Opinion or Order Filing 42 ORDER GRANTING STIPULATION TO CONTINUE CERTAIN MOTION FOR CLASS CERTIFICATION FILING DEADLINES by Judge Andre Birotte Jr.: The Stipulation to Continue Certain Motion for Class Certification Filing Deadlines #41 is GRANTED. The new dates are as follows: Motion filed by 8/15/2016; Opposition filed by 10/10/2016; Reply filed by 11/112016; Hearing on 12/5/2016 at 10:00 AM. (gk)
July 21, 2016 Filing 41 Joint STIPULATION to Continue Certain Motion for Class Certification Filing Deadlines Brian Trenz. (Attachments: #1 Proposed Order, #2 certificate of service)(Tabb, James)
July 20, 2016 Opinion or Order Filing 40 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Andre Birotte Jr: granting #39 Non-Resident Attorney Paul G Karlsgodt APPLICATION to Appear Pro Hac Vice on behalf of Volkswagen Group America, Inc., designating Daniel Marc Goldberg as local counsel. (lom)
July 14, 2016 Filing 39 APPLICATION of Non-Resident Attorney Paul G. Karlsgodt to Appear Pro Hac Vice on behalf of Defendant Volkswagen Group America, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18187684) filed by Defendant Volkswagen Group America, Inc.. ( Attachments: #1 Proposed Order) (Goldberg, Daniel)
June 14, 2016 Opinion or Order Filing 38 ORDER GRANTING STIPULATION TO CONTINUE MOTION FOR CLASS CERTIFICATION FILING DEADLINES AND HEARING DATE #37 by Judge Andre Birotte Jr. The Stipulation to Continue Motion for Class Certification Filing Deadlines And Hearing Date (Doc. 37) is GRANTED. The new dates are as follows: Motion filed by: July 26, 2016; Opposition filed by: September 27, 2016; Reply filed by: November 11, 2016; Hearing on: December 5, 2016 at 10:00 am. FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. (clee)
June 9, 2016 Filing 37 STIPULATION to Continue Motion Class Certification Filing Deadlines and Hearing Date from November 14, 2016 to December 5, 2016 Brian Trenz. (Attachments: #1 Proposed Order, #2 certificate of service)(Tabb, James)
April 1, 2016 Opinion or Order Filing 36 ORDER RE JURY TRIAL: I. DEADLINES; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Last Day to Add Parties/Amend Pleadings 6/6/2016. Class Certification Briefing Schedule: Motion filed by 7/5/2016; Opposition due 9/6/2016; Reply due10/21/2016; Hearing on 11/14/2016. Non-expert Discovery cut-off 5/29/2017. Expert Disclosure (Initial) 3/13/2017. Expert Disclosure (Rebuttal) 4/17/2017. Expert Discovery Cut-off 6/26/2017. Last Day to Hear Motions 6/26/2017. Last Day to Conduct ADR Proceeding is 7/10/2017. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine by 8/21/2017. Lodge Pretrial Conference Order, file agreed set of Jury Instructions and Verdict forms, file statement regarding Disputed Instructions and Verdict Forms, and file oppositions to Motions in Limine by 8/28/2017. Final Pretrial Conference and Hearing on Motions in Limine set for 9/11/2017 11:00 AM before Judge Andre Birotte Jr. Jury Trial set for 10/3/2017 08:30 AM before Judge Andre Birotte Jr. See document for further details. (gk)
April 1, 2016 Opinion or Order Filing 35 ORDER/REFERRAL to ADR Procedure No 3 by Judge Andre Birotte Jr. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 7/10/2017. (cb)
April 1, 2016 Opinion or Order Filing 34 (IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the April 4, 2016 Scheduling Conference. Order re Jury Trial to issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
March 22, 2016 Filing 33 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Brian Trenz.. (Attachments: #1 Exhibit A)(Goddard, Allison)
March 21, 2016 Filing 32 DECLARATION of Tanya L. Forsheit Regarding Joint Rule 26(f) Report filed by Defendant Volkswagen Group America, Inc.. (Forsheit, Tanya)
March 18, 2016 Filing 31 ANSWER filed by Defendant On-Line Administrators, Inc..(Ramsey, Jay)
March 18, 2016 Filing 30 ANSWERJURY DEMAND. filed by Defendant Volkswagen Group America, Inc..(Forsheit, Tanya)
March 4, 2016 Opinion or Order Filing 29 MINUTES (IN CHAMBERS): Order DENYING Motions to Dismiss #15 , #18 by Judge Andre Birotte Jr. For the foregoing reasons, the motions to dismiss are DENIED in their entirety. IT IS SO ORDERED. (lom)
February 18, 2016 Filing 28 OBJECTION re: NOTICE OF MOTION AND MOTION to Dismiss Case #15 and Reply #26 by Defendant On-Line Administrators, Inc. filed by Plaintiff Brian Trenz. (Attachments: #1 Certificate of Service)(Tabb, James)
February 18, 2016 Opinion or Order Filing 27 (IN CHAMBERS) ORDER TAKING DEFENDANT ON-LINE ADMINISTRATORS, INC.'S MOTION TO DISMISS CASE #15 AND DEFENDANT VOLKSWAGEN GROUP AMERICA, INC.'S MOTION TO DISMISS CASE #18 UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion(s) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on February 29, 2016, have been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iv) TEXT ONLY ENTRY
February 12, 2016 Filing 26 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Case #15 filed by Defendant On-Line Administrators, Inc.. (Puglisi, Fred)
February 12, 2016 Filing 25 REPLY NOTICE OF MOTION AND MOTION to Dismiss Case #18 VOLKSWAGEN GROUP OF AMERICA, INC.'S MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO PLAINTIFF'S OPPOSITION TO ITS MOTION TO DISMISS PLAINTIFF'S COMPLAINT filed by Defendant Volkswagen Group America, Inc.. (Forsheit, Tanya)
February 8, 2016 Filing 24 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #18 Opposition to Volkswagen Group of America, Inc.'s Motion to Dismiss Plaintiff's Complaint filed by Plaintiff Brian Trenz. (Attachments: #1 Certificate of Service)(Tabb, James)
February 8, 2016 Filing 23 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #15 Opposition to Peak Performance, Inc.'s Motion to Dismiss Plaintiff's Complaint filed by Plaintiff Brian Trenz. (Attachments: #1 Certificate of Service)(Tabb, James)
January 11, 2016 Filing 22 NOTICE of Interested Parties filed by Defendant On-Line Administrators, Inc., (Ramsey, Jay)
January 11, 2016 Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss Case #15 . The following error(s) was found: Local Rule 7.1-1 No Notice 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. (iv)
January 6, 2016 Filing 20 CERTIFICATION and NOTICE of Interested Parties filed by defendant Volkswagen Group America, Inc., identifying Brian Trenz (Plaintiff), Volkswagen Group of America, Inc. ("VWGoA"), On-Line Administrators, Inc. (Defendant), Cavender Audi (Dealer), Volkswagen AG (Parent company of Defendant Volkswagen Group of America, Inc., a German corporation). (Forsheit, Tanya)
January 4, 2016 Filing 19 CERTIFICATE OF SERVICE filed by defendant Volkswagen Group America, Inc., re NOTICE OF MOTION AND MOTION to Dismiss Case #18 , Memoranudm of Points and Authorities, Declaration of Tanya L. Forsheit and [Proposed] Order served on 01/04/2016. (Forsheit, Tanya)
January 4, 2016 Filing 18 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Volkswagen Group America, Inc.. Motion set for hearing on 2/29/2016 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Tanya L. Forsheit, #3 Proposed Order) (Forsheit, Tanya)
January 4, 2016 Filing 17 NOTICE OF ERRATA filed by Defendant On-Line Administrators, Inc.. correcting NOTICE OF MOTION AND MOTION to Dismiss Case #15 Correcting Hearing to February 29, 2016 (Ramsey, Jay)
January 4, 2016 Opinion or Order Filing 16 ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 4/4/2016 at 10:00 AM before Judge Andre Birotte Jr. (cb)
January 4, 2016 Filing 15 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant On-Line Administrators, Inc.. Motion set for hearing on 2/1/2016 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration, #2 Proposed Order) (Puglisi, Fred)
November 24, 2015 Opinion or Order Filing 14 ORDER ADOPTING STIPULATION OF ALL PARTIES RE DEADLINE TO RESPOND TO COMPLAINT, DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION by Judge Andre Birotte Jr: Upon Stipulation #13 , the Courrt orders that the Defendants' time to respond to the initial complaint shall be extended to 1/4/2016. The deadline for Plaintiff to file a Motion for Class Certification shall be extended until 5/2/2016. Should any Defendant file a motion to dismiss Plaintiff's complaint, the deadline for Plaintiff to file a motion for class certification will be extended to 120 days after the Court rules on the motion. Should any Defendant file a motion to dismiss Plaintiff's complaint, the parties shall set a hearing date sufficiently in advance and to modify the briefing schedule set forth in L.R. 7-9 so that Plaintiff shall have at least 21 days after the filing of the motion to file an opposition brief and supporting evidence, and Defendant shall have 14 days to file a reply after the filing of the opposition brief. (gk)
November 21, 2015 Filing 13 First STIPULATION for Extension of Time to File Motion for Class Certification, Second STIPULATION for Extension of Time to File Answer to January 4, 2016 re Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Brian Trenz. (Attachments: #1 Proposed Order)(Goddard, Allison)
November 19, 2015 Filing 12 STIPULATION Extending Time to Answer the complaint as to On-Line Administrators, Inc. answer now due 11/25/2015, filed by Defendant On-Line Administrators, Inc..(Attorney Fred R Puglisi added to party On-Line Administrators, Inc. (pty:dft))(Puglisi, Fred)
November 19, 2015 Filing 11 STIPULATION Extending Time to Answer the complaint as to Volkswagen Group America, Inc. answer now due 11/25/2015, re Complaint (Attorney Civil Case Opening) #1 filed by defendant Volkswagen Group America, Inc..(Attorney Tanya L Forsheit added to party Volkswagen Group America, Inc.(pty:dft))(Forsheit, Tanya)
November 12, 2015 Opinion or Order Filing 10 MINUTE ORDER IN CHAMBERS CHANGE IN MAGISTRATE JUDGE INITIALS by Magistrate Judge Karen L. Stevenson. Please be advised that the initials used to identify the Honorable Karen L. Stevenson, United States Magistrate Judge have been changed from (KLSx) to (KSx). (rrp)
October 28, 2015 Filing 9 TEXT ONLY ENTRY: Judge Andre Birotte Jr. is participating in a pilot project regarding the submission of SEALED DOCUMENTS. All proposed sealed documents must be submitted, via e-mail, to the Judge's Chambers email at AB_chambers@cacd.uscourts.gov. Please refer to the Judge's procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
October 27, 2015 Filing 8 NOTICE of Interested Parties filed by Plaintiff Brian Trenz, (Tabb, James)
October 27, 2015 Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (esa)
October 27, 2015 Filing 6 21 DAY Summons issued re Complaint #1 as to defendants On-Line Administrators, Inc., Volkswagen Group America, Inc. (esa)
October 27, 2015 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
October 27, 2015 Filing 4 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Karen L. Stevenson. (esa)
October 26, 2015 Filing 3 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Brian Trenz. (Tabb, James)
October 26, 2015 Filing 2 CIVIL COVER SHEET filed by Plaintiff Brian Trenz. (Attachments: #1 attachment to civil cover sheet)(Tabb, James)
October 26, 2015 Filing 1 COMPLAINT Receipt No: 0973-16678895 - Fee: $400. (Attorney James A Tabb added to party Brian Trenz(pty:pla))(Tabb, James)

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Search for this case: Brian Trenz v. On-Line Administrators, Inc. et al
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Plaintiff: Caitlyn Farrell
Represented By: Jennifer M French
Represented By: Jacquelyn E Quinn
Represented By: James A Tabb
Represented By: Deval R Zaveri
Represented By: James Richard Patterson
Represented By: Lily Eibhlin Hough
Represented By: Benjamin H. Richman
Represented By: Rafey S Balabanian
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Plaintiff: Francis Breidenbach
Represented By: Jennifer M French
Represented By: Jacquelyn E Quinn
Represented By: James A Tabb
Represented By: Deval R Zaveri
Represented By: James Richard Patterson
Represented By: Lily Eibhlin Hough
Represented By: Benjamin H. Richman
Represented By: Rafey S Balabanian
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Plaintiff: Brian Trenz
Represented By: Allison Hughes Goddard
Represented By: Jennifer M French
Represented By: Jacquelyn E Quinn
Represented By: James A Tabb
Represented By: Deval R Zaveri
Represented By: James Richard Patterson
Represented By: Lily Eibhlin Hough
Represented By: Benjamin H. Richman
Represented By: Rafey S Balabanian
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Plaintiff: Noelle Simms
Represented By: James A Tabb
Represented By: Jennifer M French
Represented By: Jacquelyn E Quinn
Represented By: Deval R Zaveri
Represented By: James Richard Patterson
Represented By: Lily Eibhlin Hough
Represented By: Benjamin H. Richman
Represented By: Rafey S Balabanian
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Defendant: Does 1-5
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Defendant: On-Line Administrators, Inc.
Represented By: Valerie Elizabeth Alter
Represented By: Jay T Ramsey
Represented By: Fred R Puglisi
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Defendant: Volkswagen Group America, Inc.
Represented By: Daniel Marc Goldberg
Represented By: Jay T Ramsey
Represented By: Teresa C Chow
Represented By: Billy M Donley
Represented By: Tanya L Forsheit
Represented By: Paul G Karlsgodt
Represented By: Matthew D Pearson
Represented By: Teresa C. Chow
Represented By: Matthew D. Pearson
Represented By: Paul G. Karlsgodt
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Defendant: On-Line Administrators, Inc. a California Corporation doing business as Peak Performance Marketing Solutions
Represented By: Valerie Elizabeth Alter
Represented By: Jay T Ramsey
Represented By: Fred R Puglisi
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