Diana Soukhaphonh v. Hot Topic, Inc.
Plaintiff: Diana Soukhaphonh
Defendant: Hot Topic, Inc.
Special Master: William J McCurine, Jr
Case Number: 2:2016cv05124
Filed: July 12, 2016
Court: US District Court for the Central District of California
Presiding Judge: Dolly M Gee
Referring Judge: Alicia G Rosenberg
Nature of Suit: Other Statutory Actions
Cause of Action: 47 U.S.C. § 0227 Violation of Telephone Consumer Protection Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 7, 2020 Opinion or Order Filing 265 FINAL JUDGMENT AND ORDER GRANTING MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT, SERVICE AWARD, FEES, AND EXPENSES by Judge Dolly M. Gee: Upon the parties Class Action Settlement Agreement, Plaintiff's Motion for Final Approval of the Settlement Agreement #260 , and Plaintiff's Motion for Attorneys' Fees, Costs, Expenses, And Incentive Award #259 , IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: The Settlement is hereby finally approved in all respects. The Court hereby dismisses the Action, as identified in the Settlement Agreement, on the merits and with prejudice. The Court hereby awards to Class Counsel the amount of $835,800 in attorneys fees and $100,000 as reimbursement for costs. The Court also approves the payment of an incentive award in the amount of $15,000 to Diana Soukhaphonh to compensate her for her efforts and commitment on behalf of the Settlement Class. See document for further details. (MD JS-6, Case Terminated). (gk)
February 7, 2020 Filing 264 MINUTES OF Motion Hearing held before Judge Dolly M. Gee RE: Plaintiff's Motion for Class Representative Service Awards and for Attorneys' Fees and Expenses #259 ; Plaintiff's Motion for Final Approval of Cass Action Settlement #260 . The Court and counsel confer. The Court GRANTS the above-entitled motions for the reasons stated on the record. Written orders will issue. Court Reporter: Katie Thibodeaux. (gk)
February 5, 2020 Filing 263 NOTICE OF LODGING filed Proposed Final Judgment and Order Granting Final Approval of Class Action Settlement re Response By Court to Notice of Deficiencies (G-112B) - optional html form #262 (Attachments: #1 Proposed Order Final Judgment)(Milian, David)
February 4, 2020 Filing 262 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Plaintiff's Motion for Final Approval filed 1/3/2020 #260 . Plaintiff shall lodge a proposed order forthwith. (gk)
January 8, 2020 Filing 261 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #260 . The following error(s) was/were found: Lacking statement re conference of counsel, pursuant to Local Rule 7-3. Proposed order not submitted pursuant to Local Rule 52-4.1. 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. (gk)
January 3, 2020 Filing 260 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by plaintiff Diana Soukhaphonh. Motion set for hearing on 2/7/2020 at 10:00 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Orlando Castillejos Re: Notice Procedures) (Milian, David)
November 22, 2019 Filing 259 NOTICE OF MOTION AND MOTION for Attorney Fees Plaintiff's Motion for Class Representative Service Award and for Attorneys' Fees and Expenses filed by Plaintiff Diana Soukhaphonh. Motion set for hearing on 2/7/2020 at 10:00 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of David P. Milian, #2 Declaration of Robert Ahdoot, #3 Declaration of Diana Soukhaphonh) (Ahdoot, Robert)
October 22, 2019 Filing 258 STATUS REPORT OF CLASS NOTICE AND INTERIM CLAIMS RATE filed by Plaintiff Diana Soukhaphonh. (Milian, David)
August 20, 2019 Opinion or Order Filing 257 ORDER GRANTING EX PARTE APPLICATION FOR LEAVE TO UTILIZE A SINGLE-SIDED POST CARD by Judge Dolly M. Gee: Plaintiff's Ex Parte Application for Leave to Utilize Single Sided Post Card Mail Notice #256 is HEREBY GRANTED. (gk)
August 19, 2019 Filing 256 EX PARTE APPLICATION to TO UTILIZE A SINGLE-SIDED POST CARD filed by plaintiff Diana Soukhaphonh. (Attachments: #1 Proposed Order) (Milian, David)
July 29, 2019 Opinion or Order Filing 255 ORDER GRANTING UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #237 by Judge Dolly M. Gee. (See order for details.) (kti)
July 29, 2019 Filing 254 TRANSCRIPT ORDER as to (Non-party requester) for Court Reporter. Court will contact Frank S. Hedin at fhedin@hedinhall.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (ls)
July 26, 2019 Filing 253 MINUTES OF Motion Hearing held before Judge Dolly M. Gee RE: Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement #237 . Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement is GRANTED for the reasons stated on the record and subject to the changes requested by the Court. A written order will issue. The hearing on Plaintiff's motion for final approval of class action settlement will be held on 2/7/2020 at 10:00 AM. All other scheduled deadlines and hearings are STAYED. Court Reporter: Anne Kielwasser. (gk)
July 22, 2019 Filing 252 NOTICE OF FILING THE "TOLL FREE CALL SCRIPT" AND "FAQ FOR WEBSITE AND CALL CENTER" IN ACCORDANCE WITH THE COURT'S ORDER DATED JULY 15, 2019 [ECF 251] filed by Plaintiff Diana Soukhaphonh. (Milian, David)
July 15, 2019 Opinion or Order Filing 251 MINUTE (IN CHAMBERS) ORDER RE PLAINTIFF'S NOTICE OF FILING OF REVISED DOCUMENTS #247 by Judge Dolly M. Gee: On July 8, 2019, Plaintiff's counsel filed a Notice of Filing of Revised Documents, which represents (inter alia) that the Settlement Administrator "is currently working on" (1) the script it intends to utilize for the toll-free telephone number for the proposed settlement, (2) the frequently asked questions that the Settlement Administrator intends to use on the Settlement Website #247 . Plaintiff's counsel represents they "will submit these materials upon receipt in advance of the hearing scheduled for July 26, 2019 at 10:00 a.m." See id. at 2.1 The Court ORDERS Plaintiff's counsel to file copies of the script and frequently asked questions on or before July 22, 2019. Plaintiff's counsel shall also submit Word versions of these documents to the chambers email by that date. IT IS SO ORDERED. (kti)
July 12, 2019 Filing 250 NOTICE OF FILING TRANSCRIPT filed for proceedings 6/21/19 re Transcript #249 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kielwasser, Anne) TEXT ONLY ENTRY
July 12, 2019 Filing 249 TRANSCRIPT for proceedings held on 6/21/19 - 10:00 a.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number 213-894-2969. 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 8/2/2019. Redacted Transcript Deadline set for 8/12/2019. Release of Transcript Restriction set for 10/10/2019. (Kielwasser, Anne)
July 8, 2019 Filing 248 SUPPLEMENT to APPLICATION for Order for Preliminary Approval of Class Action Settlement Agreement #237 Hot Topic's Brief re Plaintiff's Motion for Preliminary Approval of Class Action Settlement Agreement per Court Order #244 filed by Defendant Hot Topic, Inc.. (Lopez, E)
July 8, 2019 Filing 247 NOTICE of Filing Revised Versions of the Email Notice, the Mail Notice, the Settlement Website Notice and Claim Form in Accordance With the Court's Order Dated June 21, 2019 filed by Plaintiff Diana Soukhaphonh. (Milian, David)
July 8, 2019 Filing 246 APPLICATION to Supplement Motion for Preliminary Approval of Class Action Settlement Agreement Per Order Dated June 21, 2019 re APPLICATION for Order for Preliminary Approval of Class Action Settlement Agreement #237 filed by Plaintiff Diana Soukhaphonh. Application set for hearing on 7/26/2019 at 10:00 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration Tricia Solorzano) (Milian, David)
June 24, 2019 Filing 245 TRANSCRIPT ORDER for Court Reporter. Court will contact Frank S. Hedin at fhedin@hedinhall.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (ha)
June 21, 2019 Opinion or Order Filing 244 MINUTES OF IN CHAMBERS - ORDER REQUIRING SUPPLEMENTAL BRIEFING RE PLAINTIFF'S UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT by Judge Dolly M. Gee: At a hearing on Plaintiff's Unopposed Motion for Preliminary Approval of a Class Action Settlement #237 . The Court expressed serious concerns regarding the fairness of the parties' proposed settlement, and observed that the written materials the parties intended to disseminate to the putative class were riddled with errors. No later than 7/8/2019, Plaintiff shall file a supplemental brief that addresses the issues in this order. The Court sua sponte sets a new hearing on Plaintiff's Unopposed Motion for Preliminary Approval for 7/26/2019 at 10:00 AM before Judge Dolly M. Gee. See document for further details. Court Reporter: Not Reported. (gk)
June 21, 2019 Filing 243 MINUTES OF Motion Hearing held before Judge Dolly M. Gee RE: Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement #237 . The Court and counsel confer. The Court orders Plaintiff to file supplement briefs. See separate order. Court Reporter: Anne Kielwasser. (gk)
June 18, 2019 Filing 242 NOTICE OF FILING DECLARATIONS IN RESPONSE TO ORDER #239 RE PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT filed by PLAINTIFF Diana Soukhaphonh. (Attachments: #1 Declaration David P. Milian, #2 Declaration Tricia Solorzano)(Milian, David)
June 12, 2019 Filing 240 Notice of Electronic Filing re Minutes of In Chambers Order/Directive - no proceeding held #239 e-mailed to David M. Levine bounced due to No longer with firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY
June 11, 2019 Opinion or Order Filing 241 MINUTE (IN CHAMBERS) AMENDED ORDER RE PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #237 by Judge Dolly M. Gee: On May 17, 2019, Plaintiff Diana Soukhaphonh filed a Motion for Preliminary Approval of a Class Action Settlement #237 , which is scheduled for a hearing on June 21, 2019 at 10:00 a.m. 238 . (See order for details.) (kti)
June 11, 2019 Opinion or Order Filing 239 MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT by Judge Dolly M. Gee: On 5/17/2019, Plaintiff Diana Soukhaphonh filed a Motion for Preliminary Approval of a Class Action Settlement, which is scheduled for a hearing on 6/21/2019 at 9:30 AM #237 . The Court requires additional information that is not included in Plaintiff's Motion or its attachments. Specifically, Plaintiff's counsel should provide evidence regarding the following matters: (1) the circumstances under which KCC, LLC provided the notice required by 28 U.S.C. section 1715 (e.g., who received the notice and when it was transmitted); (2) the number of Settlement Class Members; (3) the amount of KCC, LLC's estimated costs; (4) the maximum monetary recovery that Plaintiff estimates could have been obtained on the Telephone Consumer Protection Act ("TCPA") claims if not for the proposed settlement; and (5) the estimated net recovery for the Settlement Class Members if (a) there are fewer than 100,000 Approved Claims, (b) there are 100,000 Approved Claims, (c) there are more than 100,000 Approved Claims but fewer than 199,000 Approved Claims, and (d) there are more than 199,000 Approved Claims. By 6/18/2019, Plaintiff;s counsel shall file one or more supplemental declarations supplying this information. Court Reporter: Not Reported. (gk)
May 20, 2019 Opinion or Order Filing 238 (IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court hereby sets Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement #237 for hearing on June 21, 2019 at 10:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
May 17, 2019 Filing 237 APPLICATION for Order for Preliminary Approval of Class Action Settlement Agreement filed by plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order) (Milian, David)
May 13, 2019 Opinion or Order Filing 236 ORDER ON JOINT MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR PRELIMINARY APPROVAL #235 by Judge Dolly M. Gee: IT IS HEREBY ORDERED that: The deadline for the filing of the motion for preliminary approval of classaction settlement is continued, nunc pro tunc, from May 10, 2019 to May 17, 2019(SEE ORDER FOR FURTHER DETAILS) (yl)
May 10, 2019 Filing 235 Joint APPLICATION for Enlargement of Time to File Motion for Preliminary Approval filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Proposed Order) (Milian, David)
April 23, 2019 Opinion or Order Filing 234 ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Ruben Conitzer to Appear Pro Hac Vice on behalf of Plaintiff Diana Soukhaphonh, designating Robert Ahdoot as local counsel #233 . (gk)
April 22, 2019 Filing 233 Amended APPLICATION of Non-Resident Attorney Ruben Conitzer to Appear Pro Hac Vice on behalf of Plaintiff Diana Soukhaphonh (Pro Hac Vice Fee - $400.00 Previously Paid on 4/16/2019, Receipt No. 26GR4B9N) filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Proposed Order) (Ahdoot, Robert)
April 18, 2019 Filing 232 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Application to Appear Pro Hac Vice filed 4/16/2019 #229 . Plaintiff shall file an amended Application within 14 days of this order. Failure to comply will result in the application being denied, the fees returned by the Clerk, and the Order (Doc. 230) VACATED by the Court. (gk)
April 17, 2019 Filing 231 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Ruben Conitzer to Appear Pro Hac Vice on behalf of Plaintiff Diana Soukhaphonh (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23558672) #229 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Form incomplete. Local counsel's email address is not listed on application. (lt)
April 16, 2019 Opinion or Order Filing 230 ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Ruben Conitzer to Appear Pro Hac Vice on behalf of Plaintiff Diana Soukhaphonh, designating Robert Ahdoot as local counsel #229 . (gk)
April 16, 2019 Filing 229 APPLICATION of Non-Resident Attorney Ruben Conitzer to Appear Pro Hac Vice on behalf of Plaintiff Diana Soukhaphonh (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23558672) filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Proposed Order) (Ahdoot, Robert)
April 9, 2019 Opinion or Order Filing 228 MINUTES OF IN CHAMBERS - ORDER RE NOTICE OF SETTLEMENT by Judge Dolly M. Gee: On 4/9/2019, the parties filed a Notice of Settlement, which states that the parties "have reached agreement on all material terms of a class action settlement" and that Plaintiff intends to move for preliminary approval of that settlement within 30 days #227 . Accordingly, the Court DENIES without prejudice Plaintiff's Motion for Class Certification #213 and Appointment of Class Counsel #224 and VACATES all unexpired dates and deadlines. By no later than 5/10/2019, Plaintiff shall move for preliminary approval of the class action settlement. Court Reporter: Not Reported. (gk)
April 9, 2019 Filing 227 NOTICE of Settlement filed by Plaintiff Diana Soukhaphonh. (Milian, David)
April 5, 2019 Filing 226 NOTICE of Entry of Ruling re Discoverability of Plaintiff's Fee Agreement filed by Defendant Hot Topic, Inc.. (Lopez, E)
March 26, 2019 Filing 225 DECLARATION of David P. Milian in support of NOTICE OF MOTION AND MOTION to Certify Class AND TO APPOINT CLASS COUNSEL #224 filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Milian, David)
March 26, 2019 Filing 224 NOTICE OF MOTION AND MOTION to Certify Class AND TO APPOINT CLASS COUNSEL filed by Plaintiff Diana Soukhaphonh. Motion set for hearing on 5/17/2019 at 10:00 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Milian, David)
March 26, 2019 Filing 223 Notice of Withdrawal of Motion for Leave to File Document, #216 filed by Plaintiff Diana Soukhaphonh. (Milian, David)
March 20, 2019 Filing 222 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Application to File Under Seal filed 3/18/2019 #216 . Plaintiff shall comply with Local Rule 79-5.2.2 and properly re-file their application pursuant to said rule FORTHWITH. (gk)
March 20, 2019 Filing 221 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for Leave to file Plaintiff's Motion for Class Certification Under Seal filed 3/18/2019 #216 . The following error(s) was/were found: Local Rule 79-5.2.2. 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. (gk)
March 19, 2019 Opinion or Order Filing 220 MINUTE ORDER IN CHAMBERS by Judge Dolly M. Gee: ORDER RE PLAINTIFFS APPLICATION TO FILE MOTION FOR CLASS CERTIFICATION UNDER SEAL #216 . Meet and confer no later than 3/22/19. Plaintiff shall file the declaration required by LR 79-5.2.2(b). 4/1/19, Defendant shall fie under seal the declaration required by LR 79-5.2.2(b)(i). SEE DOCUMENT FOR FURTHER INFORMATION. Furthermore, the Court VACATES the May 17, 2019 hearing that Plaintiff erroneously set for the Application. (twdb)
March 19, 2019 Opinion or Order Filing 219 ORDER RE ENLARGEMENT OF BRIEFS ON MOTION FOR CLASS CERTIFICATION by Judge Dolly M. Gee: IT IS ORDERED AND ADJUDGED that the Court approves the parties' Stipulation to enlarge the page limitation with respect to briefing on Plaintiff's Motion for Class Certification and Appointment of Class Counsel #211 as follows: (1) The Page limitation for Plaintiff's Memorandum in Support of Motion for Class Certification is enlarged up to 35 pages. (2) The Page limitation for Defendant's Memorandum in Opposition to Motion for Class Certification is enlarged to 35 pages. (gk)
March 19, 2019 Filing 218 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Certify Class #213 (Attachments: #1 Proposed Order)(Milian, David)
March 19, 2019 Filing 217 NOTICE OF ERRATA filed by Plaintiff Diana Soukhaphonh. correcting APPLICATION for Leave to file Plaintiff's Motion for Class Certification Under Seal #216 , NOTICE OF MOTION AND MOTION to Certify Class #213 , Memorandum in Support of Motion #212 (Milian, David)
March 18, 2019 Filing 216 APPLICATION for Leave to file Plaintiff's Motion for Class Certification Under Seal filed by Plaintiff Diana Soukhaphonh. Application set for hearing on 5/17/2019 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Redacted Document, #2 Proposed Order) (Milian, David)
March 18, 2019 Filing 215 DECLARATION of Robert Ahdoot NOTICE OF MOTION AND MOTION to Certify Class #213 filed by Plaintiff Diana Soukhaphonh. (Milian, David)
March 18, 2019 Filing 214 DECLARATION of David P. Milian NOTICE OF MOTION AND MOTION to Certify Class #213 filed by Plaintiff Diana Soukhaphonh. (Milian, David)
March 18, 2019 Filing 213 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Diana Soukhaphonh. Motion set for hearing on 5/17/2019 at 10:00 AM before Judge Dolly M. Gee. (Milian, David)
March 18, 2019 Filing 212 MEMORANDUM in Support OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION filed by Plaintiff Diana Soukhaphonh. (Milian, David)
March 15, 2019 Filing 211 Joint STIPULATION to Exceed Page Limitation as to Briefs on Motion for Class Certification filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Proposed Order)(Milian, David)
February 22, 2019 Opinion or Order Filing 210 ORDER MODIFYING CLASS CERTIFICATION BRIEFING SCHEDULE AND EXTENDING TRIAL AND OTHER PRE-TRIAL DEADLINES by Judge Dolly M. Gee: Upon Stipulation #209 , IT IS HEREBY ORDERED that the briefing schedule for the class certification motion is modified as follows: Motion for Class Certification due 3/18/2019, Opposition to Motion due 4/12/2019. Reply in Support of Motion due 5/3/2019. Hearing on Class Certification Motion set for 5/17/2019 at 10:00 AM. Jury Trial set for 11/19/2019 08:30 AM before Judge Dolly M. Gee. Final Pretrial Conference set for 10/22/2019 02:00 PM before Judge Dolly M. Gee. See document for further details. (gk)
February 21, 2019 Filing 209 STIPULATION to Reschedule Class Certification Briefing Schedule and Extending Trial and Other Pre-Trial Deadlines filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Proposed Order)(Wolfson, Tina)
January 8, 2019 Opinion or Order Filing 208 ORDER EXTENDING NON-EXPERT DISCOVERY DEADLNE AND CLASS CERTIFICATION BRIEFING SCHEDULE by Judge Dolly M. Gee: IT IS ORDERED that the Court approves the parties' Stipulation #207 and modifies the pre-trial deadlines as follows: (1) Plaintiff's Motion for Class Certification is due on 2/27/2019; (2) Defendant's Opposition to Motion for Class Certification is due on 3/27/2019; (3) Plaintiff's Reply in Support of its Motion for Class Certification is due on 4/5/2019; (4) Non-Expert Discovery Deadline 3/15/2019. The hearing on Plaintiff's Motion for Class Certification is reset for 4/19/2019 at 10:00 AM. (gk)
January 7, 2019 Filing 207 STIPULATION for Extension of Time to File Class Certification Motion, Opposition to Motion for Class Certification, and Reply in Support of Motion for Class Certification filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Proposed Order Extending Non Expert Discovery Deadline and Class Certification Briefing Schedule)(Wolfson, Tina)
December 27, 2018 Filing 206 NOTICE of Change of Attorney Business or Contact Information: for attorney Kathryn Ann Lafferty Ignash counsel for Defendant Hot Topic, Inc.. Changing e-mail to KLIgnash@mintz.com. Filed by Defendant Hot Topic, Inc.. (Lafferty Ignash, Kathryn)
December 18, 2018 Filing 205 NOTICE of Order on Plaintiff's Motion to Compel Production of Documents Pursuant to Second Request for Production filed by Defendant Hot Topic, Inc.. (Lopez, E)
November 21, 2018 Opinion or Order Filing 204 ORDER EXTENDING CLASS CERTIFICATION BRIEFING SCHEDULE by Judge Dolly M. Gee: Upon the parties' Joint Stipulation #203 , IT IS HEREBY ORDERED that the Court modifies the pre-trial deadlines as follows: (1) Plaintiff's Motion for Class Certification is due on 1/25/2019; (2) Defendant's Opposition to Motion for Class Certification is due on 2/8/2019; and (3) Plaintiff's Reply in Support of its Motion for Class Certification is due on 2/15/2019. The hearing on Plaintiff's Motion for Class Certification is set for 3/1/2019 at 10:00 AM. (gk)
November 21, 2018 Filing 203 STIPULATION for Extension of Time to File Plaintiff's Motion for Class Certification, Defendant's Opposition to Motion for Class Certification, and Plaintiff's Reply in Support of Motion for Class Certification filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Proposed Order)(Wolfson, Tina)
October 30, 2018 Opinion or Order Filing 202 MINUTE ORDER (IN CHAMBERS) ORDER LIFTING STAY by Judge Dolly M. Gee: The Court has reviewed and considered the parties Joint Status Report, filed on October 5, 2018 [Doc. # 201]. For good cause shown, the STAY is hereby LIFTED. The Court issues the attached Amended Schedule of Pretrial Dates and Deadlines. The parties shall comply with the Scheduling and Case Management Order [Doc. # 177], except to the extent it has been modified herein. IT IS SO ORDERED. (yl)
October 5, 2018 Filing 201 STATUS REPORT Joint Status Report filed by Defendant Hot Topic, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Lopez, E)
May 31, 2018 Opinion or Order Filing 200 MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT'S MOTION TO STAY ACTION #184 by Judge Dolly M. Gee: In light of the foregoing, the Court GRANTS Defendant's motion to stay the action pending the outcome in Marks, and VACATES the June 1, 2018 hearing. The Court ORDERS the parties to file a joint status report within 15 days after the Ninth Circuit issues its ruling in Marks. IT IS SO ORDERED. (See order for details.) (kti)
May 23, 2018 Opinion or Order Filing 199 ORDER MODIFYING DISCOVERY AND RELATED PRE-TRIAL DEADLINES by Judge Dolly M. Gee: Upon Stipulation #198 , IT IS HEREBY ORDERED that the Court's Scheduling and Case Management Order is modified as follows: (1) Non-Expert Discovery Cut off 7/16/2018. (2) Initial Expert Disclosure & Report due 7/16/2018. (3) Class Certification Filing Deadline 8/21/2018. (4) Opposition to Class Certification filing deadline 9/5/2018. (5) Reply Deadline in Support of Class Certification due 9/14/2018. (6) Rebuttal Expert Disclosure and Report Deadline 8/13/2018. (7) Expert Discovery Cut off (includes hearing on discovery motions) 8/28/2018. The hearing on Plaintiff's Motion for Class Certification is set for 9/28/2018 10:00 AM. (gk)
May 17, 2018 Filing 198 Joint STIPULATION to Reschedule Discovery and Pre-Trial Dates filed by Defendant Hot Topic, Inc.. (Attachments: #1 Proposed Order Proposed Order Granting Stipulation to Modify Discovery and Pre-Trial Dates)(Lopez, E)
May 17, 2018 Opinion or Order Filing 197 ORDER by Judge Dolly M. Gee: granting #194 Non-Resident Attorney David M. Levine APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Diana Soukhaphonh, designating Robert Ahdoot as local counsel. (et)
May 17, 2018 Opinion or Order Filing 196 ORDER by Judge Dolly M. Gee: granting #195 Non-Resident Attorney Patrick E. Gonya APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Diana Soukhaphonh, designating Robert Ahdoot as local counsel. (et)
May 16, 2018 Filing 195 APPLICATION of Non-Resident Attorney Patrick E. Gonya to Appear Pro Hac Vice on behalf of Plaintiff Diana Soukhaphonh (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21760967) filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Propose d Order) (Ahdoot, Robert)
May 16, 2018 Filing 194 APPLICATION of Non-Resident Attorney David M. Levine to Appear Pro Hac Vice on behalf of Plaintiff Diana Soukhaphonh (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21760931) filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Proposed Order) (Ahdoot, Robert)
May 15, 2018 Filing 193 REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case pending Ruling by the Ninth Circuit #184 filed by Defendant Hot Topic, Inc.. (Attachments: #1 Supplemental Declaration of Kathryn A. Lafferty in Support of Reply to Motion to Stay Pending Ruling by the Ninth Circuit, #2 Exhibit A to Supplemental Declaration of Kathryn A. Lafferty)(Lafferty, Kathryn)
May 1, 2018 Filing 192 MEMORANDUM in Opposition to Defendant's Motion to Stay Pending Ruling by the Ninth Circuit filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A)(Ahdoot, Robert)
April 24, 2018 Opinion or Order Filing 191 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Dolly M. Gee: The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Motion for Leave to Withdraw as Counsel #189 , for the following reasons: Proposed Document was not submitted as separate attachment. (gk)
April 23, 2018 Opinion or Order Filing 190 ORDER RE STIPULATION TO MODIFY BRIEFING SCHEDULE FOR DEFENDANT'S MOTION TO STAY by Judge Dolly M. Gee: IT IS HEREBY ORDERED, nunc pro tunc to 4/20/2018, that the Court adopts the Parties' Stipulation and Modified Briefing Schedule #187 as follows: (1) Plaintiff's Response in Opposition is due 5/1/2018; (2) Defendant's Reply in Support is due 5/15/2018, and; (3) Defendant's Motion to Stay #184 is set for hearing on 6/1/2018 at 09:30 AM before Judge Dolly M. Gee. (gk)
April 20, 2018 Filing 189 * STRICKEN * APPLICATION of Frank S. Hedin to Withdraw as Attorney filed by Plaintiff Diana Soukhaphonh. (Hedin, Frank) ** DOCUMENT STRICKEN PURSUANT TO THE ORDER OF 4/24/2018 #191 ** Modified on 4/25/2018 (gk).
April 20, 2018 Filing 188 Notice of Appearance or Withdrawal of Counsel: for attorney David P Milian counsel for Plaintiff Diana Soukhaphonh. Frank S. Hedin is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Diana Soukhaphonh. (Milian, David)
April 19, 2018 Filing 187 First STIPULATION to Reset filed by Defendant Hot Topic, Inc.. (Attachments: #1 Proposed Order Adopting Parties' Stipulation re Briefing Schedule)(O'Boyle, Arameh)
April 10, 2018 Filing 186 Effective April 19, 2018, Judge Rosenberg will be located at the Edward R. Roybal Federal Building, COURTROOM 550 on the 5th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 550 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 and criminal documents in paper format exempted from electronic filing and for viewing case files and other records services is located at the Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 180 (Terrace Level), Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
April 2, 2018 Filing 185 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Stay Case pending Ruling by the Ninth Circuit #184 filed by Defendant Hot Topic, Inc.. (Attachments: #1 Declaration of Kathryn Lafferty in Support of Request for Judicial Notice, #2 Exhibit A to Lafferty Declaration, #3 Exhibit B to Lafferty Declaration, #4 Exhibit C to Lafferty Declaration, #5 Exhibit D to Lafferty Declaration, #6 Proposed Order)(Lafferty, Kathryn)
April 2, 2018 Filing 184 NOTICE OF MOTION AND MOTION to Stay Case pending Ruling by the Ninth Circuit filed by Defendant Hot Topic, Inc.. Motion set for hearing on 5/11/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Lafferty, Kathryn)
March 30, 2018 Filing 183 NOTICE of Appearance filed by attorney Kathryn A Lafferty on behalf of Defendant Hot Topic, Inc. (Attorney Kathryn A Lafferty added to party Hot Topic, Inc.(pty:dft))(Lafferty, Kathryn)
March 26, 2018 Opinion or Order Filing 182 ORDER APPOINTING HON. WILLIAM MCCURINE, JR. (RET.) AS SPECIAL MASTER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 53 by Judge Dolly M. Gee: The Court hereby appoints the Honorable William J. McCurine, Jr. (Ret.) of Judicate West to serve as Special Master to assist the Court in the resolution of discovery disputes in this action. The Special Master is hereby appointed pursuant to Rule 53(a)(1)(A) to address discovery matters and disputes, and to perform other duties that are agreed upon by the parties and approved by the Court. See document for further details. (gk)
March 22, 2018 Filing 181 NOTICE OF LODGING filed Appointing Hon. William McCurine, Jr. As Special Master re Affidavit #180 (Attachments: #1 Proposed Order)(O'Boyle, Arameh)
March 21, 2018 Filing 180 AFFIDAVIT by affiant: Hon. William McCurine, Ret. (Special Master) filed by Defendant Hot Topic, Inc. (O'Boyle, Arameh)
March 8, 2018 Opinion or Order Filing 179 MINUTE (IN CHAMBERS) ORDER RE JOINT STATUS REPORT #176 by Judge Dolly M. Gee: On February 28, 2018, the parties filed a joint status report in which they agreed to the appointment of the Honorable William McCurine, Jr. (retired United States Magistrate Judge) as a special master #176 . By March 22, 2018, the parties shall file: (1) an affidavit from Judge McCurine that discloses whether there is any ground for disqualification under 28 U.S.C. section 455; (2) if a ground for disqualification is disclosed, a joint statement addressing whether the parties waive the disqualification; and (3) a proposed order for the appointment of Judge McCurine that conforms to the requirements imposed by Federal Rule of Civil Procedure 53(b)(2). IT IS SO ORDERED. (kti)
March 8, 2018 Opinion or Order Filing 178 ORDER/REFERRAL to ADR Procedure No 3 by Judge Dolly M. Gee. 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 10/2/2018. Joint status report re settlement due by 10/9/2018; no appearance necessary. (gk)
March 8, 2018 Opinion or Order Filing 177 SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee. Jury Trial set for 11/27/2018 08:30 AM before Judge Dolly M. Gee. Final Pretrial Conference set for 11/6/2018 02:00 PM before Judge Dolly M. Gee. Amended Pleadings and Addition of Parties Cut-Off 5/11/2018. Non-Expert Discovery cut-off 6/1/2018. Class Certification Motion filing deadline 7/6/2018; Opposition to Class Certification filing deadline 7/20/2018; Reply filing deadline 7/27/2018; Hearing Date on 8/10/2018 at 10:00 AM. Motions due by 8/31/2018. Settlement Conference Completion Date 10/2/2018. Joint Status Report re Settlement due by 10/9/2018. Motions in Limine to be filed by 10/16/2018. Proposed Pretrial Conference Order due by 10/16/2018. Joint Exhibit List due by 10/16/2018. Witness List due by 10/16/2018. See document for further details. (Attachments: #1 Schedule of Pretrial and Trial Dates) (gk)
February 28, 2018 Filing 176 STATUS REPORT filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A)(Hedin, Frank)
February 8, 2018 Opinion or Order Filing 175 ORDER RE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT by Judge Dolly M. Gee: The Court DENIES Hot Topic's motion for summary judgment #53 and DENIES Plaintiff's Application for Leave to File Under Seal #172 as moot. By 2/28/2018, the parties shall file a Joint Status Report. See document for further details. (gk)
January 4, 2018 Filing 174 NOTICE of Change of Attorney Business or Contact Information: for attorney Anne-Marie D Dao counsel for Defendant Hot Topic, Inc.. Changing Address to 2029 Century Park East, Suite 3100, Los Angeles, CA 90067. Filed by Defendant Hot Topic, Inc.. (Dao, Anne-Marie)
December 6, 2017 Filing 173 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document containing source code information (previously filed at docket entry 149-2) under seal #172 filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Unredacted Document Exhibit 1 - Unredacted Version of Document Proposed to be Filed Under Seal, #2 Exhibit Exhibit 2 - E-Mail Correspondence Between Counsel for the Parties)(Hedin, Frank)
December 6, 2017 Filing 172 APPLICATION to file document containing source code information (previously filed at docket entry 149-2) under seal filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Redacted Document Exhibit 1 - Redacted Version of Document Proposed to be Filed Under Seal, #2 Proposed Order Granting Application to File Under Seal)(Hedin, Frank)
December 5, 2017 Filing 171 NOTICE of Change of address by Joshua M Briones attorney for Defendant Hot Topic, Inc.. Changing attorneys address to 2029 Century Park East, Suite 3100, Los Angeles, CA 90067. Filed by Defendant Hot Topic, Inc.. (Briones, Joshua)
December 5, 2017 Filing 170 NOTICE of Change of address by E Crystal Lopez attorney for Defendant Hot Topic, Inc.. Changing attorneys address to 2029 Century Park East, Suite 3100, Los Angeles, CA 90067. Filed by Defendant Hot Topic, Inc.. (Lopez, E)
December 5, 2017 Filing 169 NOTICE of Change of address by Arameh Zargham O'Boyle attorney for Defendant Hot Topic, Inc.. Changing attorneys address to 2029 Century Park East, Suite 3100, Los Angeles, CA 90067. Filed by Defendant Hot Topic, Inc.. (O'Boyle, Arameh)
November 30, 2017 Opinion or Order Filing 168 (IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendant's Motion for Summary Judgment, or, in the Alternative Summary Adjudication #53 presently scheduled for hearing on December 1, 2017, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
November 19, 2017 Filing 167 NOTICE OF ERRATA filed by Plaintiff Diana Soukhaphonh. correcting Declaration,,,, #149 (Hedin, Frank)
November 9, 2017 Filing 166 CERTIFICATE OF SERVICE filed by Defendant Hot Topic, Inc., re Declaration (Motion related), #165 , Response, #163 , Declaration (Motion related),, #159 , Response, #164 , Reply (Motion related), #158 , Declaration (Motion related), #160 , Statement, #162 , Declaration (Motion related), #161 served on 11/09/17. (O'Boyle, Arameh)
November 9, 2017 Filing 165 DECLARATION of Andrew Snyder In Support Of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for Violation of the TCPA , or in the Alternative, Summary Adjudication #53 (Supplemental Declaration Of Andrew Snyder In Support Of Defendant's Reply In Support Of Motion For Summary Judgment, Or, In The Alternative Summary Adjudication) filed by Defendant Hot Topic, Inc.. (O'Boyle, Arameh)
November 9, 2017 Filing 164 RESPONSE filed by Defendant Hot Topic, Inc.to Statement #145 (Defendant's Responses To Plaintiff's Statement Of Genuine Disputes Of Material Fact And Additional Uncontroverted Facts In Support Of Plaintiff's Opposition To Defendant's Motion For Summary Judgment, Or, In The Alternative Summary Adjudication) (O'Boyle, Arameh)
November 9, 2017 Filing 163 RESPONSE filed by Defendant Hot Topic, Inc.to Statement, #150 (Defendant's Responses To Plaintiff's Statement Of Evidentiary Objections In Support Of Plaintiff's Opposition To Defendant's Motion For Summary Judgment, Or, In The Alternative Summary Adjudication) (O'Boyle, Arameh)
November 9, 2017 Filing 162 STATEMENT of Defendant's Evidentiary Objections To Plaintiff's Evidence Submitted In Opposition To Defendant's Motion For Summary Judgment, Or, In The Alternative Summary Adjudication re: Declaration #148 , Declaration #146 , Declaration #147 , Declaration,,,, #149 . (O'Boyle, Arameh)
November 9, 2017 Filing 161 DECLARATION of Omid Yazdi In Support Of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for Violation of the TCPA , or in the Alternative, Summary Adjudication #53 (Declaration Of Omid Yazdi In Support Of Defendant's Reply In Support Of Motion For Summary Judgment, Or, In The Alternative Summary Adjudication) filed by Defendant Hot Topic, Inc.. (O'Boyle, Arameh)
November 9, 2017 Filing 160 DECLARATION of Gabriel Zauss In Support Of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for Violation of the TCPA , or in the Alternative, Summary Adjudication #53 (Declaration Of Gabriel Zauss In Support Of Defendant Hot Topic's Reply In Support Of Motion For Summary Judgment, Or, In The Alternative Summary Adjudication) filed by Defendant Hot Topic, Inc.. (O'Boyle, Arameh)
November 9, 2017 Filing 159 DECLARATION of Anne-Marie Dao In Support Of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for Violation of the TCPA , or in the Alternative, Summary Adjudication #53 (Declaration Of Anne-Marie Dao In Support Of Defendant's Reply In Support Of Motion For Summary Judgment, Or, In The Alternative Summary Adjudication) filed by Defendant Hot Topic, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(O'Boyle, Arameh)
November 9, 2017 Filing 158 REPLY In Support Of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for Violation of the TCPA , or in the Alternative, Summary Adjudication #53 (Defendant's Reply In Support Of Motion For Summary Judgment, Or, In The Alternative Summary Adjudication) filed by Defendant Hot Topic, Inc.. (O'Boyle, Arameh)
October 31, 2017 Filing 157 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/18/2017; 2:13 p.m re Transcript #156 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY
October 31, 2017 Filing 156 TRANSCRIPT for proceedings held on 10/18/2017; 2:13 p.m. 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 11/21/2017. Redacted Transcript Deadline set for 12/1/2017. Release of Transcript Restriction set for 1/29/2018. (at)
October 27, 2017 Filing 155 NOTICE of Change of address by Robert Ahdoot attorney for Plaintiff Diana Soukhaphonh. Changing attorneys address to 10728 Lindbrook Drive, Los Angeles, California 90024. Filed by Plaintiff Diana Soukhaphonh. (Ahdoot, Robert)
October 20, 2017 Filing 154 TRANSCRIPT ORDER as to Plaintiff Diana Soukhaphonh for Court Smart (CS). Court will contact Elisa Jimenez at ejimenez@careyrodriguez.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Hedin, Frank)
October 19, 2017 Opinion or Order Filing 153 MINUTES IN CHAMBERS - ORDER DENYING DEFENDANT'S MOTION FOR LEAVE TO FILE THIRD AMENDED ANSWER #115 by Judge Dolly M. Gee. For the foregoing reasons, this Court issues the following rulings: 1. Hot Topics Motion for Leave to File a Third Amended Answer is DENIED; and 2. The October 20, 2017 hearing on Hot Topics Motion for Leave to File a Third Amended Answer is VACATED. IT IS SO ORDERED. (lom)
October 18, 2017 Filing 152 MINUTES OF TELEPHONIC DISCOVERY CONFERENCE held before Magistrate Judge Alicia G. Rosenberg. Case is called. Counsel state their appearances.The hearing is held. The Court and counsel confer as reflected on the record. Court Recorder: CS 10/18/2017. (kl)
October 16, 2017 Filing 151 TEXT ONLY SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. Upon the parties' request, the Court schedules a telephonic hearing for 10/18/2017 at 2:30 PM before Magistrate Judge Alicia G. Rosenberg. The call-in information is as follows: Call-in Number: (213) 894-0800; Meeting ID: 1112#; User Password: 6475#. If counsel have any problems connecting to this call, please contact the IT Help Desk at (213) 894-6133. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (kl).
October 11, 2017 Filing 150 STATEMENT of Evidentiary Objections filed by Plaintiff Diana Soukhaphonh re: Declaration (Motion related), #56 , Response in Opposition to Motion #144 , Declaration (Motion related), #57 , Declaration (Motion related), #54 . (Hedin, Frank)
October 11, 2017 Filing 149 DECLARATION of Frank S. Hedin re Response in Opposition to Motion #144 , Statement #145 filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A - Deposition Excerpts of Deposition of Andrew Snyder and Relevant Exhibits, #2 Exhibit B - Deposition Excerpts of Deposition of Mohan Indraganti and Relevant Exhibits, #3 Exhibit C - Deposition Excerpts of Deposition of Jessica Chien and Relevant Exhibits, #4 Exhibit D - Deposition Excerpts of Deposition of Diana Soukhaphonh and Relevant Exhibits, #5 Exhibit E - Deposition Excerpts of Deposition of Parvinder Singh and Relevant Exhibits, #6 Exhibit F - Deposition Excerpts of Deposition of Jon Kosoff and Relevant Exhibits, #7 Exhibit G - Deposition Excerpts of Deposition of Eugenia Wu and Relevant Exhibits, #8 Exhibit H - Deposition Excerpts of Deposition of Sean Mulyanto-Mong and Relevant Exhibits, #9 Exhibit I - June 5, 2017 Hearing Excerpts, #10 Exhibit J - June 26, 2017 Hearing Excerpts)(Hedin, Frank)
October 11, 2017 Filing 148 DECLARATION of Samuel (Sandy) Goldstein re Response in Opposition to Motion #144 , Statement #145 filed by Plaintiff Diana Soukhaphonh. (Hedin, Frank)
October 11, 2017 Filing 147 DECLARATION of Diana Soukhaphonh re Response in Opposition to Motion #144 , Statement #145 filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A - May 26, 2015 Order Confirmation Email)(Hedin, Frank)
October 11, 2017 Filing 146 DECLARATION of Mathew Federer re Response in Opposition to Motion #144 , Statement #145 filed by Plaintiff Diana Soukhaphonh. (Hedin, Frank)
October 11, 2017 Filing 145 STATEMENT of Genuine Disputes of Material Fact and Statement of Additional Uncontroverted Facts filed by Plaintiff Diana Soukhaphonh re: Response in Opposition to Motion #144 . (Hedin, Frank)
October 11, 2017 Filing 144 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for Violation of the TCPA , or in the Alternative, Summary Adjudication #53 filed by Plaintiff Diana Soukhaphonh. (Hedin, Frank)
October 10, 2017 Filing 143 REPLY Support NOTICE OF MOTION AND MOTION to File Third Amended Answer to Plaintiff's Complaint #115 filed by Defendant Hot Topic, Inc.. (Attachments: #1 Declaration of Anne-Marie Dao in Support of Defendant Hot Topic, Inc.'s Reply in Support of Its Motion for Leave to File Third Amended Answer to Plaintiff's Complaint)(Dao, Anne-Marie)
October 3, 2017 Opinion or Order Filing 142 ORDER RE SECOND JOINT STIPULATION TO EXTEND BRIEFING SCHEDULE FOR DEFENDANTS MOTION FOR LEAVE TO FILE THIRD AMENDED ANSWER [141 by Judge Dolly M. Gee, re Stipulation #141 : IT IS HEREBY ORDERED that the Second Joint Stipulation to Extend Briefing Schedule for Defendants Motion for Leave to File Third Amended Answer [Doc. no. 141] is APPROVED. Accordingly, the deadline for Defendant Hot Topic, Inc. to file a reply brief for its Motion for Leave to File Third Amended Answer shall be extended through and including October 10, 2017, with hearing date on said Motion [Doc. no. 115] to remain as scheduled on October 20, 2017 at 9:30 a.m. (bm)
October 2, 2017 Filing 141 Joint STIPULATION for Hearing re Order,, Set/Reset Motion Hearing and R&R Deadlines,, Set/Reset Deadlines/Hearings, #131 filed by Defendant Hot Topic, Inc..(Dao, Anne-Marie)
October 1, 2017 Filing 140 OPPOSITION to NOTICE OF MOTION AND MOTION to File Third Amended Answer to Plaintiff's Complaint #115 filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Declaration Declaration of Frank S. Hedin)(Hedin, Frank)
September 27, 2017 Filing 139 MINUTES OF Discovery Hearing held before Magistrate Judge Alicia G. Rosenberg. TELEPHONIC DISCOVERY CONFERENCE. The hearing is held. The Court and counsel confer as reflected on the record. Court Recorder: CS 9/27/2017. (mp)
September 27, 2017 Filing 138 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/23/2017; 6/5/2017; 6/26/2017; 9/8/2017; 9/12/2017 re Transcript #136 , #137 , #134 , #135 , #133 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY
September 27, 2017 Filing 137 TRANSCRIPT for proceedings held on 9/12/2017; 1:50 p.m. 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 10/18/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/26/2017. (at)
September 27, 2017 Filing 136 TRANSCRIPT for proceedings held on 9/8/2017; 9:48 a.m. 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 10/18/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/26/2017. (at)
September 27, 2017 Filing 135 TRANSCRIPT for proceedings held on 6/26/2017; 10:48 a.m. 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 10/18/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/26/2017. (at)
September 27, 2017 Filing 134 TRANSCRIPT for proceedings held on 6/5/2017; 1:20 p.m. 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 10/18/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/26/2017. (at)
September 27, 2017 Filing 133 TRANSCRIPT for proceedings held on 5/23/2017; 10:47 a.m. 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 10/18/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/26/2017. (at)
September 27, 2017 Filing 132 STATEMENT Agreed Joint Agenda re: Text Only Scheduling Notice,, 129 . (Dao, Anne-Marie)
September 26, 2017 Opinion or Order Filing 131 ORDER RE JOINT STIPULATION TO EXTEND BRIEFING SCHEDULE FOR DEFENDANTS MOTION FOR LEAVE TO FILE THIRD AMENDED ANSWER AND TO RESET HEARING DATE #126 by Judge Dolly M. Gee: IT IS HEREBY ORDERED that the Joint Stipulation to Extend Briefing Schedule for Defendants Motion for Leave to File Third Amended Answer and to Reset Hearing Date is APPROVED. The following dates are to be extended as follows: (See order for further details) (yl)
September 26, 2017 Filing 130 TRANSCRIPT ORDER as to Defendant Hot Topic, Inc. for Court Smart (CS). Court will contact kwinterson@mintz.com at addao@mintz.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Dao, Anne-Marie)
September 26, 2017 Filing 129 TEXT ONLY SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. Upon the parties' request, the Court schedules a telephonic hearing for 9/27/2017 at 02:30 PM before Magistrate Judge Alicia G. Rosenberg. The call-in information is as follows: Call-in Number: (213) 894-0800; Meeting ID: 1116#; User Password: 1515#. If counsel have any problems connecting to this call, please contact the IT Help Desk at (213) 894-6133.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mp) TEXT ONLY ENTRY
September 25, 2017 Opinion or Order Filing 128 MINUTE ORDER IN CHAMBERS by Magistrate Judge Alicia G. Rosenberg: re: REQUEST for Review of In Camera Documents #121 , Order on Motion to Compel Deposition #114 . ORDER AMENDING ORDER DATED SEPTEMBER 14, 2017. On September 21, 2017, Hot Topic filed a request for in camera review of the withheld documents. The court has reviewed the documents and concludes that they are protected by the attorney client privilege and work product doctrine. IT IS ORDERED that Hot Topic is not required to produce Document Nos. 366 and 383 in native format. IT IS FURTHER ORDERED that the Order dated September 14, 2017, is AMENDED as follows. The last paragraph on page 9 is amended to read as follows: IT IS FURTHER ORDERED that, within 7 days after the entry of this order, Hot Topic shall produce communications between Ms. Madaan and Mr. Singh (or other Hot Topic employee(s) as applicable) regarding (a) the request for the guest checkout page at issue from Ms. Madaan and (b) the red box added to that page. In addition, within the same time period, Hot Topic shall produce in native format, Bates Stamp Nos. 367-382 and 384-385 as stated on the record. (mp)
September 25, 2017 Opinion or Order Filing 127 ORDER GRANTING REQUEST FOR IN CAMERA REVIEW by Magistrate Judge Alicia G. Rosenberg: granting #121 MOTION for Review. Having duly considered the matter,IT IS HEREBY ORDERED that Defendant Hot Topic, Inc. submit the documents bearing Bates numbers 366 and 383, and all attachments thereto, for the Court's in camera review. (mp)
September 25, 2017 Filing 126 Joint STIPULATION for Hearing re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Motion Hearing and R&R Deadlines,, #117 filed by Defendant Hot Topic, Inc..(Dao, Anne-Marie)
September 25, 2017 Filing 125 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Joint Stipulation #120 by Judge Dolly M. Gee. The document is stricken. (iv)
September 25, 2017 Filing 124 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Stipulation #120 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. All proposed signature items shall be e-mailed to the chambers' e-mail address at DMG_chambers@cacd.uscourts.gov in Word format. ONLY proposed order signature items should be emailed to the chambers' e-mail address. 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. (iv)
September 22, 2017 Opinion or Order Filing 123 MINUTES OF IN CHAMBERS - ORDER RE MODIFIED BRIEFING SCHEDULE by Judge Dolly M. Gee: In the parties' joint status report filed 9/20/2017 #119 , the parties recommend continuing the briefing deadlines and hearing date on Defendant's pending motion for summary judgment #53 . the Court modifies the schedule for Defendant's motion for summary judgment as follows: Plaintiff's deadline for filing her opposition brief is 10/10/2017. Defendant's deadline for filing its reply brief is 11/10/2017. The hearing on Defendant's motion for summary judgment will be held on 12/1/2017 at 02:00 PM before Judge Dolly M. Gee. Court Reporter: Not Reported. (gk)
September 21, 2017 Filing 122 NOTICE of Submission for In Camera Review filed by Defendant Hot Topic, Inc.. (O'Boyle, Arameh)
September 21, 2017 Filing 121 REQUEST for Review of In Camera Documents filed by Defendant Hot Topic, Inc.. (Attachments: #1 Proposed Order Granting Request for In Camera Review) (Attorney Arameh Zargham O'Boyle added to party Hot Topic, Inc.(pty:dft)) (O'Boyle, Arameh)
September 21, 2017 Filing 120 ***STRICKEN*** Joint STIPULATION to Continue Hearing on Defendant's Motion to File Amended Answer from October 13, 2017 to October 20, 2017 Re: Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Motion Hearing and R&R Deadlines,, #117 filed by Defendant Hot Topic, Inc..(Dao, Anne-Marie) Modified on 9/25/2017 #125 (iv).
September 20, 2017 Filing 119 Joint Stipulation re: Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #116 (Dao, Anne-Marie)
September 20, 2017 Filing 118 TRANSCRIPT ORDER as to Plaintiff Diana Soukhaphonh for Court Smart (CS). Court will contact Elisa Jimenez at ejimenez@careyrodriguez.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Hedin, Frank)
September 18, 2017 Opinion or Order Filing 117 MINUTES OF IN CHAMBERS - ORDER RE DEFENDANT'S MOTION FOR LEAVE TO FILE THIRD AMENDED ANSWER by Judge Dolly M. Gee: The hearing on Defendant Hot Topic, Inc.'s Motion for Leave to File a Third Amended Answer to Plaintiff's Complaint #115 is continued to 10/13/2017 at 09:30 AM before Judge Dolly M. Gee. Plaintiff's opposition brief or statement of non-opposition shall be filed by 9/22/2017, and Defendant's reply brief (if any) shall be filed by 9/29/2017. Court Reporter: Not Reported. (gk)
September 18, 2017 Opinion or Order Filing 116 MINUTES OF IN CHAMBERS - ORDER RE STIPULATION TO EXTEND BRIEFING SCHEDULE FOR DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND TO RESET HEARING DATE by Judge Dolly M. Gee: On 9/13/2017, the parties filed a stipulation to extend the briefing schedule for Defendant's motion for summary judgment and to reset the hearing date #112 . The Court ORDERS the parties to file a joint status report no later than 9/20/2017, explaining whether the discovery disputes underlying their stipulation have been "fully resolved[,]" and, if so, which briefing deadlines and hearing date they recommend for Defendant's pending motion for summary judgment #53 . Court Reporter: Not Reported. (gk)
September 15, 2017 Filing 115 NOTICE OF MOTION AND MOTION to File Third Amended Answer to Plaintiff's Complaint filed by Defendant Hot Topic, Inc.. Motion set for hearing on 10/6/2017 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendant's Motion for Leave to File Third Amended Answer to Plaintiff's Complaint, #2 Declaration of Anne-Marie D. Dao in Support of Defendant's Motion for Leave to File Third Amended Answer to Plaintiff's Complaint) (Dao, Anne-Marie)
September 14, 2017 Filing 114 MINUTES (IN CHAMBERS) by Magistrate Judge Alicia G. Rosenberg: denying #88 Motion to Compel Deposition; granting in part and denying in part #88 Motion to Compel. PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND DEPOSITION TESTIMONY. IT IS ORDERED that Plaintiff's motion to compel the production of documents is GRANTED IN PART. Within 7 days after the entry of this order, Hot Topic shall produce the following documents: 1. The second, third and fourth paragraphs of Log Entry No. 51, along with the "signature block" and the From, Sent, To and Subject lines. The remainder of the document may be redacted. 2. The attachments to Log Entry No. 90. IT IS FURTHER ORDERED that Plaintiff's motion to compel the deposition of Mr. Medlin, Hot Topic's Associate Counsel is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that, within 7 days after the entry of this order, Hot Topic shall produce communications between Ms. Madaan and Mr. Singh (or other Hot Topic employee(s) as applicable) regarding (a) the request for the guest checkout page at issue from Ms. Madaan and (b) the red box added to that page. In addition, within the same time period, Hot Topic shall produce, in native format, Bates Stamp Nos. 366-385 as stated on the record. (See Order for details.) (mp)
September 13, 2017 Filing 112 STIPULATION for Extension of Time to File Response and Reply as to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for Violation of the TCPA , or in the Alternative, Summary Adjudication #53 filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Proposed Order)(Hedin, Frank)
September 13, 2017 Filing 111 NOTICE of Submission for In Camera Review filed by Defendant Hot Topic, Inc.. (O'Boyle, Arameh)
September 12, 2017 Filing 113 MINUTES OF Discovery Hearing held before Magistrate Judge Alicia G. Rosenberg. (1) PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS (DKT. NO. 88) ; AND (2) PLAINTIFF'S MOTION TO COMPEL DEPOSITION TESTIMONY OF PHILLIP ANDREW MEDLIN (DKT. NO. 88). The Court questions counsel and hears oral arguments as reflected on the record. A separate minute order will issue. Court Recorder: CS 9/12/2017. (mp)
September 12, 2017 Filing 110 MINUTES (IN CHAMBERS) by Magistrate Judge Alicia G. Rosenberg: denying #94 Motion to Compel Deposition. PLAINTIFF'S MOTION TO COMPEL (CHIEN) (Dkt. No. 94). On August 15, 2017, Plaintiff filed a motion to compel pursuant to Fed. R. Civ. P. 37. (Dkt. No. 94.) On August 22, 2017, Hot Topic and Chien filed an opposition. (Dkt. No. 96.) On August 28, 2017, Plaintiff filed a reply. (Dkt. Nos. 98, 104.) At the court's request, Plaintiff submitted Chien's entire deposition transcript. IT IS ORDERED that Plaintiff's motion to compel is DENIED. (See Order for details.) (mp)
September 8, 2017 Filing 109 MINUTES OF Discovery Hearing held before Magistrate Judge Alicia G. Rosenberg. (1) PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS #88 ; (2) PLAINTIFF'S MOTION TO COMPEL DEPOSITION TESTIMONY OF PHILLIP ANDREW MEDLIN #88 ; AND (3) PLAINTIFF'S MOTION TO COMPEL DEPOSITION TESTIMONY OF JESSICA CHIEN #94 . The Court questions counsel and hears oral arguments. IT IS HEREBY ORDERED as follows: 1. Plaintiff's motions to compel production of documents and deposition testimony of Mr. Medlin is continued to Tuesday, September 12, 2017 at 2:00 p.m. The call-in information is as follows: Call-in Number: (213) 894-0800; Meeting ID: 1112#; and User Password: 0773#. If counsel have any problems connecting to this call, please contact the IT Help Desk at (213) 894-6133. 2. Defendants are ordered to submit to the Court hard copies of redacted and unredacted documents listed in the Privilege Log for in camera review by the court on or before September 13, 2017 by 10:00 a.m. The documents shall be sequentially numbered beginning with number 1 and correspond with the log entry. Documents pertaining to KPMG, if consented by KPMG counsel, shall be submitted on or before September 14, 2017 by 10:00 a.m. A Notice of Submission for In Camera Review that identifies the number of documents submitted to the court pursuant to this order shall be filed on the day of submission. 3. The Court takes Plaintiff's motion to compel deposition testimony of Jessica Chen under submission. Court Recorder: CS 9/8/2017. (mp)
September 6, 2017 Opinion or Order Filing 108 MINUTE (IN CHAMBERS) ORDER RE FURTHER PROCEEDINGS by Magistrate Judge Alicia G. Rosenberg. On August 15, 2017, Plaintiff filed a motion to compel the second deposition of Ms. Chien. (Dkt. No. #94 .) On August 22, 2017, Hot Topic filed an opposition. (Dkt. No. #96 .) On August 28, 2017, Plaintiff filed a reply. (Dkt. Nos. #98 , #104 .) IT IS ORDERED that Plaintiff submit to chambers a complete copy of Ms. Chien's deposition transcript on or before September 7, 2017, by 4:00 p.m. (kl)
September 1, 2017 Filing 107 NOTICE OF ERRATA filed by Plaintiff Diana Soukhaphonh. correcting Exhibit (non-trial) #101 (Attachments: #1 Exhibit 1)(Hedin, Frank)
September 1, 2017 Filing 106 EXHIBIT to MOTION to Compel Deposition of Phillip Andrew Medlin MOTION to Compel Production of Documents #88 filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A - Excerpts of Transcript of Deposition of Sean Mulyanto-Mong)(Hedin, Frank)
September 1, 2017 Filing 105 EXHIBIT to MOTION to Compel Deposition of Phillip Andrew Medlin MOTION to Compel Production of Documents #88 filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A - Excerpts of Transcript of Deposition of Sean Mulyanto-Mong)(Hedin, Frank)
September 1, 2017 Filing 104 EXHIBIT to MOTION to Compel Deposition of Jessica Chien #94 filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A - Transcript of Deposition of Jessica Chien)(Hedin, Frank)
September 1, 2017 Filing 103 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Exhibit (non-trial) #101 , Exhibit to Motion #99 by Magistrate Judge Alicia G. Rosenberg. The document is stricken and counsel is ordered to file an amended or corrected document by as soon as possible. (kl)
September 1, 2017 Filing 102 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit (non-trial) #101 , Exhibit to Motion #99 . The following error(s) was/were found: Title page is missing. 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. (kl)
August 31, 2017 Filing 101 ***STRICKEN PER ORDER #103 ***EXHIBIT Filed filed by Plaintiff Diana Soukhaphonh. Excerpts of Transcript of Sean Mulyanto-Mong as to Reply (Motion related) #100 . (Hedin, Frank) Modified on 9/1/2017 (kl).
August 30, 2017 Filing 100 REPLY MOTION to Compel Deposition of Phillip Andrew Medlin MOTION to Compel Production of Documents #88 filed by Plaintiff Diana Soukhaphonh. (Hedin, Frank)
August 29, 2017 Filing 99 ***STRICKEN PER ORDER #103 ***EXHIBIT to MOTION to Compel Deposition of Jessica Chien #94 COMPLETE TRANSCRIPT OF DEPOSITION OF J. CHIEN filed by Plaintiff Diana Soukhaphonh. (Hedin, Frank) Modified on 9/1/2017 (kl).
August 28, 2017 Filing 98 REPLY in support MOTION to Compel Deposition of Jessica Chien #94 filed by Plaintiff Diana Soukhaphonh. (Hedin, Frank)
August 25, 2017 Filing 97 MEMORANDUM in Opposition to MOTION to Compel Deposition of Phillip Andrew Medlin MOTION to Compel Production of Documents #88 filed by Defendant Hot Topic, Inc.. (Dao, Anne-Marie)
August 22, 2017 Filing 96 MEMORANDUM in Opposition to MOTION to Compel Deposition of Jessica Chien #94 filed by Defendant Hot Topic, Inc.. (Attachments: #1 Declaration of E. Crystal Lopez in Support of Opposition, #2 Declaration of Jessica Chien in Support of Opposition)(Dao, Anne-Marie)
August 16, 2017 Opinion or Order Filing 95 ORDER APPROVING STIPULATION TO SET BRIEFING SCHEDULE AND HEARING DATE CONCERNING DISCOVERY DISPUTE by Magistrate Judge Alicia G. Rosenberg, re Stipulation for Hearing, Stipulation for Issuance #93 , MOTION to Compel Deposition of Jessica Chien #94 . IT IS HEREBY ORDERED that the Parties' Stipulation to Set Briefing Schedule and Hearing Date Concerning Discovery Dispute is APPROVED. Plaintiff shall file her initial brief no later than August 14, 2017. Defendant shall file its opposition brief no later than August 22, 2017. Plaintiff shall file her reply brief no later than August 28, 2017. The Motion shall be heard by the Court on September 8, 2017 at 10:00 a.m. The call-in information is as follows: Call-in Number: (213) 894-0800; Meeting ID: 7002#; and User Password: 6424#. If counsel have any problems to connecting to this call, please contact the IT Help Desk at (213) 894-6133. (mp)
August 15, 2017 Filing 94 NOTICE OF MOTION AND MOTION to Compel Deposition of Jessica Chien filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A - Excerpts of Deposition of J. Chien, #2 Exhibit B - Subpoena to J. Chien dated May 15, 2017, #3 Exhibit C - Excerpts of Deposition of M. Indraganti)(Hedin, Frank)
August 11, 2017 Filing 93 STIPULATION for Hearing re Discovery Dispute, STIPULATION for Issuance of Briefing Schedule Concerning Discovery Dispute filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Proposed Order)(Hedin, Frank)
August 11, 2017 Filing 92 STATUS REPORT Concerning Mediation filed by Plaintiff Diana Soukhaphonh. (Hedin, Frank)
July 3, 2017 Opinion or Order Filing 91 ORDER APPROVING STIPULATION TO EXTEND ALL DEADLINES PENDING MEDIATION by Judge Dolly M. Gee: IT IS HEREBY ORDERED that the Parties' Stipulation to Extend All Deadlines Pending Mediation #90 is APPROVED. The Parties shall file a joint status report with the Court within five days after the completion of mediation on 8/7/2017. Deadline for Defendant to file opposition to Plaintiff's discovery motions 8/25/2017. Deadline for Plaintiff to file reply to Defendant's opposition to discovery motions 8/30/2017 (if no evidence submitted in opposition) or 9/4/2017 (if evidence submitted in opposition). Deadline for Plaintiff to file opposition to Defendant's Motion for Summary Judgment 9/14/2017. Deadline for Defendant to file reply to Plaintiff's opposition to the Motion for Summary Judgment 10/13/2017. Hearing on Defendant's Motion for Summary Judgment #53 set for 10/27/2017 at 02:00 PM before Judge Dolly M. Gee. Date by which remaining witnesses shall be made available for deposition by Plaintiff 8/21/2017. Any other current or future trial or pretrial deadline unaccounted for herein are VACATED and shall be reset by the Court after the hearing on the motion for summary judgment. (gk)
June 30, 2017 Filing 90 Stipulation to Extend Deadlines Pending Mediation filed by Plaintiff Diana Soukhaphonh (Attachments: #1 Proposed Order Approving Stipulation)(Hedin, Frank)
June 30, 2017 Filing 89 DECLARATION of Frank S. Hedin in support of MOTION to Compel Deposition of Phillip Andrew Medlin MOTION to Compel Production of Documents #88 filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A - Engagement Letter, #2 Exhibit B - E-Mail Correspondence, #3 Exhibit C - Privilege Log, #4 Exhibit D - Mulyanto-Mong Deposition Excerpts, #5 Exhibit E - Snyder Deposition Excerpts, #6 Exhibit F - Singh Deposition Excerpts, #7 Exhibit G - Kosoff Deposition Excerpts)(Hedin, Frank)
June 30, 2017 Filing 88 NOTICE OF MOTION AND MOTION to Compel Deposition of Phillip Andrew Medlin , MOTION to Compel Production of Documents filed by Plaintiff Diana Soukhaphonh. (Hedin, Frank)
June 27, 2017 Filing 87 COMPACT DISC Order for date of proceedings 6/26/2017 to 6/26/2017 filed by defendant Hot Topic, Inc.. Court will contact Shona Brockway at sbrockway@mintz.com with any questions regarding this order. Transcript portion requested: Other: 6/26/2017. FEE PAID. (Lopez, E)
June 26, 2017 Filing 86 COMPACT DISC Order for date of proceedings June 26, 2017 to June 26, 2017 re: Order on Motion to Compel,,, Discovery Hearing,, #83 , filed by Plaintiff Diana Soukhaphonh. Court will contact Maria Martucci at mmartucci@careyrodriguez.com with any questions regarding this order. Transcript portion requested: Other: June 26, 2017. FEE PAID. (Hedin, Frank)
June 26, 2017 Filing 85 COMPACT DISC Order for date of proceedings June 5, 2017 to June 5, 2017 re: Discovery Hearing,,, #77 , filed by Plaintiff Diana Soukhaphonh. Court will contact Maria Martucci at mmartucci@careyrodriguez.com with any questions regarding this order. Transcript portion requested: Other: June 5, 2017. FEE PAID. (Hedin, Frank)
June 26, 2017 Filing 84 COMPACT DISC Order for date of proceedings May 23, 2017 to May 23, 2017 re: Order on Motion for Order,,,,,, Discovery Hearing,,,,, #69 , filed by Plaintiff Diana Soukhaphonh. Court will contact Maria Martucci at mmartucci@careyrodriguez.com with any questions regarding this order. Transcript portion requested: Other: May 23, 2017. FEE PAID. (Hedin, Frank)
June 26, 2017 Filing 83 MINUTES OF granting #81 Motion to Compel; Discovery Hearing held before Magistrate Judge Alicia G. Rosenberg. PLAINTIFF'S MOTION TO COMPEL DISCOVERY. IT IS ORDERED that Plaintiff's motion to compel production of the materials in Item No. 2 is GRANTED based on Plaintiff's stipulation and agreement that such production shall not constitute a waiver of any attorney client privilege or any work product protection. Hot Topic shall produce the requested material on or before June 30, 2017, or such other date mutually agreed by counsel. (See Order for details.) Court Recorder: CS 6/26/2017. (mp)
June 23, 2017 Opinion or Order Filing 82 ORDER RE STIPULATION TO EXTEND TIME TO FILE BRIEFS AND PAGE LIMITATIONS FOR OPPOSITION AND REPLY TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT by Judge Dolly M. Gee: IT IS HEREBY ORDERED that the Parties' Stipulation to Extend Time to File and the Page Limitations for the Opposition and Reply to Defendant's Motion for Summary Judgment Pursuant to L.R. 7-1 #79 is APPROVED. Plaintiff shall file its opposition to Defendant's Motion for Summary Judgment #53 by no later than 7/31/2017. Defendant shall file its reply to Plaintiff's opposition to the Motion by no later than 8/30/2017. The Motion shall be heard by the Court on 9/15/2017 at 02:00 PM before Judge Dolly M. Gee. The opposition and reply briefs to the Motion shall not exceed 40 pages each. (gk)
June 23, 2017 Filing 81 NOTICE Joint Agenda for Discovery Hearing filed by Plaintiff Diana Soukhaphonh. (Milian, David) Modified on 6/26/2017 (mp).
June 23, 2017 Filing 80 TEXT ONLY NOTICE by Magistrate Judge Alicia G. Rosenberg. Upon the parties' request the Court schedules a telephonic discovery hearing for 6/26/2017 at 11:00 AM before Magistrate Judge Alicia G. Rosenberg. A Joint Agenda that lists the disputes and parties requests shall be filed by 4:00 p.m. on June 23, 2017. The call-in information is as follows: Call-in Number: (213) 894-0800; Meeting ID: 7002#; and User Password: 0477#. If counsel have any problems connecting to this call, please contact the IT Help Desk at (213) 894-6133. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mp) TEXT ONLY ENTRY
June 22, 2017 Filing 79 STIPULATION for Extension of Time to File Response and Reply as to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for Violation of the TCPA , or in the Alternative, Summary Adjudication #53 , STIPULATION to Exceed Page Limitation as to Response and Reply to Motion for Summary Judgment filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Proposed Order)(Hedin, Frank)
June 7, 2017 Filing 78 COMPACT DISC Order for date of proceedings 06-05-2017 to 06-05-2017 filed by defendant Hot Topic, Inc.. Court will contact Shona Brockway at sbrockway@mintz.com with any questions regarding this order. Transcript portion requested: Other: 06-05-2017. FEE PAID. (Lopez, E)
June 5, 2017 Filing 77 MINUTES OF Discovery Hearing held before Magistrate Judge Alicia G. Rosenberg. PLAINTIFFS' REQUEST TO DEPOSE IN-HOUSE COUNSEL. IT IS ORDERED that the deposition of Mr. Medlin on June 7, 2017 is VACATED without prejudice to Plaintiff's ability to make the requisite showing under Fed. R. Civ. P. 26(b)(4)(C)(ii)-(iii) or other legal standards. Because it is currently unknown when supporting deposition transcripts will be available, counsel for Plaintiff shall contact the Court Clerk, Marine Pogosyan, and request a telephonic discovery conference to set a short briefing schedule when counsel is ready to proceed. Nothing in this order prevents counsel for both sides from conferring on a proposed briefing schedule to present to the court. Court Recorder: CS 6/5/2017. (mp)
June 2, 2017 Filing 76 TEXT ONLY SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. Upon the parties' request, the Court schedules a Telephonic Discovery Conference for 6/5/2017 at 01:30 PM before Magistrate Judge Alicia G. Rosenberg. The call-in information is as follows: Call-in Number: (213) 894-0800; Meeting ID: 7002#; and User Password: 0403#. If counsel have any problems connecting to this call, please contact the IT Help Desk at (213) 894-6133. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mp) TEXT ONLY ENTRY
May 25, 2017 Opinion or Order Filing 75 ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANTS MOTION FOR SUMMARY JUDGMENT #70 by Judge Dolly M. Gee. The briefing schedule and hearing date of Defendant's Motion for Summary Judgment are hereby set as follows: 1. Plaintiff shall oppose the Motion no later than June 30, 2017; 2. Defendant shall reply to Plaintiff's opposition no later than July 14, 2017; and 3. The Motion #53 shall be heard on July 28, 2017 at 3:30 p.m. before Judge Dolly M. Gee. (smo)
May 25, 2017 Filing 74 AMENDED ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Hot Topic, Inc.. (Lopez, E)
May 25, 2017 Opinion or Order Filing 73 MINUTES OF IN CHAMBERS - ORDER RE DEFENDANT'S MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER by Judge Dolly M. Gee: The Court hereby GRANTS Defendant Hot Topic, Inc.'s Motion for Leave to File a Second Amended Answer #51 . The Second Amended Answer, attached as Exhibit D to the Declaration of E. Crystal Lopez, shall be filed on the docket within three days of this Order. The 6/2/2017 hearing on the motion is VACATED. Court Reporter: Not Reported. (gk)
May 24, 2017 Filing 72 NOTICE filed by Defendant Hot Topic, Inc.. Notice Of Proposed Briefing Schedule And Hearing Date For Defendants Motion For Summary Judgment (Attachments: #1 Proposed Order Setting Briefing Schedule and Hearing Date for Defendant's Motion for Summary Judgment)(Lopez, E)
May 24, 2017 Filing 71 COMPACT DISC Order for date of proceedings 05/23/2017 to 05/23/2017 filed by defendant Hot Topic, Inc.. Court will contact Shona Brockway at sbrockway@mintz.com with any questions regarding this order. Transcript portion requested: Other: 05/23/2017. FEE PAID. (Lopez, E)
May 24, 2017 Filing 70 NOTICE of Proposed Briefing Schedule and Hearing Date for Defendant's Motion for Summary Judgment filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Proposed Order)(Wolfson, Tina)
May 23, 2017 Filing 69 MINUTES OF granting in part and denying in part #65 EX PARTE APPLICATION for Order; Discovery Hearing held before Magistrate Judge Alicia G. Rosenberg. PLAINTIFF'S EX PARTE APPLICATION FOR ORDER COMPELLING PRODUCTION OF DOCUMENT AND ELECTRONICALLY STORED INFORMATION (ESI). IT IS ORDERED that Plaintiff's ex parte application is GRANTED IN PART AND DENIED IN PART as follows: 1. On or before May 26, 2017, at 2:00 p.m., Plaintiff's counsel will electronically transmit the proposed procedures for the inspection by Plaintiff's expert on June 2, 2017 to defense counsel (see paragraph 3 below). 2. On or before May 31, 2017 by noon, Hot Topic is ordered to produce nonprivileged documents to the extent set forth above under Category Nos. 5, 6 and 7. 3. On June 2, 2017, there will be an inspection by Plaintiff's digital forensics expert of the files to the extent set forth above in Category Nos. 1, 2, 3 and 6. 4. On or before June 2, 2017, Hot Topic shall produce a privilege log of items withheld in response to Category No. 7. Plaintiff's request for other privilege logs are denied without prejudice. 5.On or before June 2, 2017, counsel are ordered to meet and confer regarding whether a second deposition of Mr. Singh or Mr. Kosoff is necessary. 6. In all other respects, Plaintiff's ex parte application is denied. (See Order for further details.) Court Recorder: CS 5/23/2017. (mp)
May 23, 2017 Opinion or Order Filing 68 (IN CHAMBERS) ORDER by Judge Dolly M. Gee. On May 10, 2017, Plaintiff filed an ex parte application for enlargement of time and lodged a vague proposed order ("Application") #59 . On May 12, 2017, the Court granted the Application #63 , and on May 15, 2017, ordered the parties to meet and confer and submit a stipulation regarding a new briefing schedule and hearing date for Defendant's motion for summary judgment. One week has passed, and no stipulation has been filed. The parties shall comply with the Court's May 15, 2017 and submit a stipulation clarifying the new briefing schedule and hearing date for Defendant's motion for summary judgment by May 25, 2017. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
May 22, 2017 Filing 67 MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for Compelling Production of Documents and ESI #65 filed by Defendant Hot Topic, Inc.. (Attachments: #1 Declaration of E. Crystal Lopez, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Proposed Order)(Lopez, E)
May 19, 2017 Filing 66 TEXT ONLY SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg re: EX PARTE APPLICATION for Order for Compelling Production of Documents and ESI #65 . Motion set for hearing on 5/23/2017 at 11:00 AM before Magistrate Judge Alicia G. Rosenberg. Call-in information is as follows: Call-in Number: (213) 894-0800; Meeting ID: 1112#; and User Password: 7667#. If counsel have any problems connecting to this call, please contact IT Help Desk at (213) 894-6133. Defendants opposition is due no later than Monday, May 22, 2017 by noon.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mp) TEXT ONLY ENTRY
May 17, 2017 Filing 65 EX PARTE APPLICATION for Order for Compelling Production of Documents and ESI filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Declaration of Frank S. Hedin, #2 Exhibit A to Hedin Decl., #3 Exhibit B to Hedin Decl., #4 Exhibit C to Hedin Decl., #5 Exhibit D to Hedin Decl., #6 Exhibit E to Hedin Decl., #7 Exhibit F to Hedin Decl., #8 Exhibit G to Hedin Decl., #9 Exhibit H to Hedin Decl., #10 Exhibit I to Hedin Decl., #11 Exhibit J to Hedin Decl., #12 Exhibit K to Hedin Decl., #13 Exhibit L to Hedin Decl., #14 Exhibit M to Hedin Decl., #15 Exhibit N to Hedin Decl., #16 Exhibit O to Hedin Decl., #17 Exhibit P to Hedin Decl., #18 Exhibit Q to Hedin Decl., #19 Exhibit R to Hedin Decl., #20 Exhibit S to Hedin Decl., #21 Exhibit T to Hedin Decl., #22 Exhibit U to Hedin Decl., #23 Exhibit V to Hedin Decl., #24 Exhibit W to Hedin Decl., #25 Exhibit X to Hedin Decl., #26 Exhibit Y to Hedin Decl., #27 Proposed Order Granting Ex Parte Application) (Hedin, Frank)
May 15, 2017 Filing 64 (IN CHAMBERS) by Judge Dolly M. Gee. The Court, having granted Plaintiff's ex parte application #63 , hereby orders the parties to meet and confer and submit a stipulation regarding a new briefing schedule and hearing date for Defendant's motion for summary judgment #53 . The June 2, 2017 hearing is VACATED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
May 12, 2017 Opinion or Order Filing 63 ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR ENLARGEMENT OF TIME TO FILE RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF CONSENT by Judge Dolly M. Gee: Plaintiff's ex parte application for enlargement of time to file response in opposition to Defendant's motion for summary judgment on the issue of consent #59 is GRANTED. The Court urges the parties to complete all discovery necessary to a full and developed evidentiary record on the issue of consent and to obviate the need for any further requests for relief under Fed. R. Civ. P. 56(d). (gk)
May 12, 2017 Filing 62 REPLY in support EX PARTE APPLICATION for Enlargement of Time to File Response in Opposition to Defendant's Motion for Summary Judgment on the Issue of Consent #59 filed by Plaintiff Diana Soukhaphonh. (Hedin, Frank)
May 11, 2017 Filing 61 NOTICE of Intent to Reply ISO Ex Parte Diana Soukhaphonh. (Wolfson, Tina)
May 11, 2017 Filing 60 MEMORANDUM in Opposition to EX PARTE APPLICATION for Enlargement of Time to File Response in Opposition to Defendant's Motion for Summary Judgment on the Issue of Consent #59 filed by Defendant Hot Topic, Inc.. (Attachments: #1 Declaration Of E. Crystal Lopez In Support Of Defendant Hot Topic, Inc.s Opposition To Plaintiffs Ex Parte Application For Enlargement Of Time To File Response In Opposition To Defendants Motion For Summary Judgment On The Issue Of Consent, #2 Proposed Order Denying Plaintiffs Ex Parte Application For Enlargement Of Time To File Response In Opposition To Defendants Motion For Summary Judgment On The Issue Of Consent)(Lopez, E)
May 10, 2017 Filing 59 EX PARTE APPLICATION for Enlargement of Time to File Response in Opposition to Defendant's Motion for Summary Judgment on the Issue of Consent filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Proposed Order) (Wolfson, Tina)
May 5, 2017 Filing 58 CERTIFICATE OF SERVICE filed by Defendant Hot Topic, Inc., re Declaration (Motion related), #55 , Declaration (Motion related), #56 , Declaration (Motion related), #57 , Declaration (Motion related), #54 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for Violation of the TCPA , or in the Alternative, Summary Adjudication #53 served on 5/5/17. (Lopez, E)
May 5, 2017 Filing 57 DECLARATION of Sean Mulyanto-Mong in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for Violation of the TCPA , or in the Alternative, Summary Adjudication #53 filed by Defendant Hot Topic, Inc.. (Attachments: #1 Exhibit 1 to Mulyanto-Mong Dec.)(Lopez, E)
May 5, 2017 Filing 56 DECLARATION of Mohan Indraganti in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for Violation of the TCPA , or in the Alternative, Summary Adjudication #53 filed by Defendant Hot Topic, Inc.. (Attachments: #1 Exhibit 1 to Indraganti Dec., #2 Exhibit 2 to Indraganti Dec., #3 Exhibit 3 to Indraganti Dec.)(Lopez, E)
May 5, 2017 Filing 55 DECLARATION of Crystal Lopez in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for Violation of the TCPA , or in the Alternative, Summary Adjudication #53 filed by Defendant Hot Topic, Inc.. (Attachments: #1 Exhibit 1 to Lopez Dec., #2 Exhibit 2 to Lopez Dec.)(Lopez, E)
May 5, 2017 Filing 54 DECLARATION of Andrew Snyder in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for Violation of the TCPA , or in the Alternative, Summary Adjudication #53 filed by Defendant Hot Topic, Inc.. (Attachments: #1 Exhibit 1 to Snyder Dec., #2 Exhibit 2 to Snyder Dec.)(Lopez, E)
May 5, 2017 Filing 53 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for Violation of the TCPA , or in the Alternative, Summary Adjudication filed by Defendant Hot Topic, Inc.. Motion set for hearing on 6/2/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Memorandum, #2 Separate Statement of Undisputed Facts and Conclusions of Law, #3 Proposed Judgment) (Lopez, E)
May 5, 2017 Filing 52 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to File Second Amended Answer #51 filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Declaration of F. Hedin, #2 Exhibit 1 to Hedin Decl., #3 Exhibit 2 to Hedin Decl., #4 Exhibit 3 to Hedin Decl., #5 Exhibit 4 to Hedin Decl., #6 Exhibit 5 to Hedin Decl.)(Hedin, Frank)
May 3, 2017 Filing 51 NOTICE OF MOTION AND MOTION to File Second Amended Answer filed by Defendant Hot Topic, Inc.. Motion set for hearing on 6/2/2017 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum, #2 Declaration of E. C. Lopez, #3 Proposed Order, #4 Certificate of Service) (Lopez, E)
April 12, 2017 Filing 50 NOTICE of Change of Attorney Business or Contact Information: for attorney Meredith Shane Lierz counsel for Plaintiff Diana Soukhaphonh. Filed by Plaintiff Diana Soukhaphonh. (Lierz, Meredith)
April 12, 2017 Filing 49 Notice of Appearance or Withdrawal of Counsel: for attorney Meredith Shane Lierz counsel for Plaintiff Diana Soukhaphonh. Meredith Shane Lierz is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Diana Soukhaphonh. (Lierz, Meredith)
March 31, 2017 Opinion or Order Filing 48 STIPULATED PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg. re Stipulation for Protective Order #47 . NOTE CHANGES MADE BY THE COURT. (See Order for Further Details) (kl)
March 28, 2017 Filing 47 Joint STIPULATION for Protective Order filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Proposed Stipulated Protective Order)(Wolfson, Tina)
March 24, 2017 Filing 46 MINUTES OF SCHEDULING CONFERENCE held before Judge Dolly M. Gee. The cause is called and counsel state their appearance. Court and counsel confer. Based upon the parties' Joint Rule 26(f) Report, the Court hereby sets the following preliminary schedule: Deadline for Defendant to respond to Plaintiff's request for production (merits discovery only) April 28, 2017; Filing of Motion for Summary Judgment ("Motion") Re Consent May 5, 2017; Opposition to Motion May 12, 2017; Reply to Motion May 19, 2017; Hearing on Motion June 2, 2017 at 2:00 p.m. The Court will set further pretrial and trial dates and deadlines at the hearing on the motion for summary judgment, if necessary. Court Reporter: Anne Kielwasser. (clee)
March 10, 2017 Filing 45 JOINT REPORT Rule 26(f) Discovery Plan and Exhibit A (Schedule of Trial and Pretrial Dates Worksheet) ; estimated length of trial 5 days, filed by Plaintiff Diana Soukhaphonh.. (Hedin, Frank)
February 17, 2017 Filing 44 AMENDED ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by defendant Hot Topic, Inc.. (Lopez, E)
February 7, 2017 Filing 43 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Scheduling Conference set for 3/24/2017 at 09:30 AM before Judge Dolly M. Gee. (clee)
February 3, 2017 Filing 42 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Hot Topic, Inc..(Lopez, E)
January 13, 2017 Opinion or Order Filing 41 MINUTES (IN CHAMBERS) ORDER RE DEFENDANTS MOTION TO DISMISS #21 by Judge Dolly M. Gee: In light of the foregoing, Hot Topics motion to dismiss Soukhaphonhs Complaint is DENIED. The Court DENIES as moot Hot Topics request for judicial notice, as the Court did not rely on any of the requested documents in reaching its conclusion. See Doc. # 21-3. Hot Topic shall file its Answer to Soukhaphonhs Complaint within 21 days of this Order. IT IS SO ORDERED. (See order for details.) (kti)
December 13, 2016 Filing 40 NOTICE of Supplemental Authority in Support of Plaintiff's Response to Defendant's Motion to Dismiss filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A - Mbazomo v Etourandtravel, Inc.)(Hedin, Frank)
December 13, 2016 Filing 39 NOTICE of Supplemental Authority in Support of Plaintiff's Response to Defendant's Motion to Dismiss filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A - Wilkes v. CareSource Mgmt. Grp. Co.)(Hedin, Frank)
December 7, 2016 Filing 38 NOTICE of Supplemental Authority filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A - Klein v. Hyundai Capital America (C.D. Cal.))(Hedin, Frank)
December 2, 2016 Filing 37 NOTICE of Supplemental Authority filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A - Nghiem v. Dick's Sporting Goods, Inc. (C.D. Cal.))(Hedin, Frank)
November 21, 2016 Filing 36 NOTICE of Supplemental Authority in Support of Plaintiff's Response to Defendant's Motion to Dismiss filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A - Etzel v. Hooters of America, LLC)(Hedin, Frank)
November 4, 2016 Filing 35 NOTICE of Supplemental Authority Submitted in Support of Hot Topic Inc.'s Motion to Dismiss filed by defendant Hot Topic, Inc.. (Attachments: #1 Exhibit Supplemental Authority)(Lopez, E)
October 27, 2016 Filing 34 NOTICE OF SUPPLEMENTAL AUTHORITY RE: DEFENDANT'S MOTION TO DISMISS (ECF NO. 21) AND PLAINTIFF'S RESPONSE IN OPPOSITION (ECF NO. 23) filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Supplement Holderread v. Ford Motor Credit Co. LLC, No. 4:16-cv-00222, 2016 U.S. Dist. LEXIS 147933 (E.D. Tex. Oct. 26, 2016))(Wolfson, Tina)
October 26, 2016 Filing 33 NOTICE of Withdrawal of Declaration of Parvinder Singh [Doc. 21-4] and Striking References in Hot Topic Inc.'s Motion to Dismiss Pursuant to Fed.R.Civ.P 12(B)(1) and 12(H)(3) [Doc. 21] filed by defendant Hot Topic, Inc.. filed by defendant Hot Topic, Inc.. (Lopez, E)
October 25, 2016 Filing 32 NOTICE TO PARTIES by District Judge Dolly M Gee. Effective October 31, 2016, Judge Gee will be located at the 1st Street Courthouse, COURTROOM 8C on the 8th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 8C 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
October 25, 2016 Filing 31 NOTICE of Withdrawal of Declaration of Jon Kosff [Doc. 21] and Striking references in Hot Topic Inc.'s Motion to Dismiss Pursuant to Fed.R.Civ.P 12(B)(1) and 12(H)(3) [Doc. 21] filed by defendant Hot Topic, Inc.. filed by defendant Hot Topic, Inc.. (Lopez, E)
October 21, 2016 Filing 30 NOTICE OF SUPPLEMENTAL AUTHORITY RE: DEFENDANT'S MOTION TO DISMISS (ECF NO. 21) AND PLAINTIFF'S RESPONSE IN OPPOSITION (ECF NO. 23) filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Supplement Griffith v. ContextMedia, Inc., 16 C 2900, 2016 WL 6092634 (N.D. Ill. Oct. 19, 2016))(Wolfson, Tina)
October 20, 2016 Filing 29 NOTICE OF SUPPLEMENTAL AUTHORITY RE: DEFENDANT'S MOTION TO DISMISS (ECF NO. 21) AND PLAINTIFF'S RESPONSE IN OPPOSITION (ECF NO. 23) filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Supplement LaVigne v. First Community Bancshares, Inc. and First National Bank Texas, No. 1:15-cv-00934-WJ-LF (D. N.M. Oct. 19, 2016))(Wolfson, Tina)
October 20, 2016 Opinion or Order Filing 28 (IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendant's Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(B)(1) and 12(H)(3) #21 presently scheduled for hearing on October 21, 2016, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
October 18, 2016 Filing 27 NOTICE OF SUPPLEMENTAL AUTHORITY RE: DEFENDANT'S MOTION TO DISMISS (ECF NO. 21) AND PLAINTIFF'S RESPONSE IN OPPOSITION (ECF NO. 23) filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Supplement Espejo v. Santander Consumer USA, Inc., 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016))(Wolfson, Tina)
October 13, 2016 Filing 26 NOTICE filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Supplement NOTICE OF SUPPLEMENTAL AUTHORITY RE: DEFENDANT'S MOTION TO DISMISS (ECF NO. 21) AND PLAINTIFF'S RESPONSE IN OPPOSITION (ECF NO. 23))(Wolfson, Tina)
October 10, 2016 Filing 25 NOTICE filed by Plaintiff Diana Soukhaphonh. NOTICE OF SUPPLEMENTAL AUTHORITY RE: DEFENDANT'S MOTION TO DISMISS (ECF NO. 21) AND PLAINTIFF'S RESPONSE IN OPPOSITION (ECF NO. 23) (Attachments: #1 Supplement Dolemba v. Illinois Farmers Insurance Company, No. 15 C 463, 2016 WL 5720377 (N.D. Ill Sept. 30, 2016))(Wolfson, Tina)
October 7, 2016 Filing 24 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #21 filed by Defendant Hot Topic, Inc.. (Lopez, E)
September 30, 2016 Filing 23 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #21 filed by Plaintiff Diana Soukhaphonh. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wolfson, Tina)
September 9, 2016 Opinion or Order Filing 22 (IN CHAMBERS) ORDER by Judge Dolly M. Gee. Pursuant to Judge Gee's Procedures and Schedules on the Court's website, October 14, 2016 is a closed motion hearing date. Accordingly, Defendant's Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(B)(1) and 12(H)(3) #21 noticed for hearing on October 14, 2016 is hereby continued to the next available hearing date of October 21, 2016 at 9:30 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
September 9, 2016 Filing 21 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by defendant Hot Topic, Inc.. Motion set for hearing on 10/14/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of E. Crystal Lopez, #3 Request for Judicial Notice, #4 Declaration of Parvinder Singh, #5 Declaration of Jon Kosoff, #6 Proposed Order) (Lopez, E)
September 1, 2016 Opinion or Order Filing 20 ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT by Judge Dolly M. Gee. For good cause shown pursuant to Federal Rule of Civil Procedure 6(b), the Stipulation to Extend Defendant's Time to Respond to Plaintiffs Complaint is GRANTED #19 . Defendant Hot Topic, Inc. shall file a response to the complaint no later than September 9, 2016. (iv)
August 31, 2016 Filing 19 STIPULATION for Extension of Time to File Answer to September 9, 2016 re Complaint (Attorney Civil Case Opening) #1 filed by defendant Hot Topic, Inc.. (Attachments: #1 Proposed Order)(Lopez, E)
July 29, 2016 Filing 18 CERTIFICATE of Interested Parties filed by Defendant Hot Topic, Inc., identifying Hot Topic, Inc., Defendant; Sycamore Partners, Investor in Hot Topic; Diana Soukhaphonh, Plaintiff. (Lopez, E)
July 29, 2016 Filing 17 STIPULATION Extending Time to Answer the complaint as to Hot Topic, Inc. answer now due 9/2/2016, re Complaint (Attorney Civil Case Opening) #1 filed by defendant Hot Topic, Inc..(Attorney E Crystal Lopez added to party Hot Topic, Inc.(pty:dft))(Lopez, E)
July 27, 2016 Opinion or Order Filing 16 ORDER by Judge Dolly M. Gee granting Application of Non-Resident Attorney David P. Milian to Appear Pro Hac Vice on behalf of Plaintiff Diana Soukhaphonh, designating Robert Ahdoot as local counsel #12 . (iv)
July 26, 2016 Filing 15 NOTICE OF LODGING filed re Certificate of Good Standing for Application of Non-Resident Attorney David P. Milian to Appear Pro Hac Vice re Response By Court to Notice of Deficiencies (G-112B), #14 (Attachments: #1 Certificate of Good Standing of David P. Milian)(Ahdoot, Robert)
July 20, 2016 Filing 14 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney David P. Milian to Appear Pro Hac Vice on behalf of Plaintiff Diana Soukhaphonh #12 by Clerk. Plaintiff shall lodge a certificate of good standing within 14 days of this order. Failure to comply will result in the application being denied and the fees returned by the Clerk. (lom)
July 19, 2016 Filing 13 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney David P. Milian to Appear Pro Hac Vice on behalf of Plaintiff Diana Soukhaphonh (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18204556) #12 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. See Instructions for Applicants (1) (G-64). (lt)
July 18, 2016 Filing 12 APPLICATION of Non-Resident Attorney David P. Milian to Appear Pro Hac Vice on behalf of Plaintiff Diana Soukhaphonh (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18204556) filed by Plaintiff Diana Soukhaphonh. (Ahdoot, Robert)
July 15, 2016 Filing 11 PROOF OF SERVICE Executed by Plaintiff Diana Soukhaphonh, upon Defendant Hot Topic, Inc. served on 7/14/2016, answer due 8/4/2016. Service of the Summons and Complaint were executed upon Becky De George, Agent of Corporation Service Company, Registered Agent for Hot Topic, Inc. in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Ahdoot, Robert)
July 14, 2016 Opinion or Order Filing 10 INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (clee)
July 13, 2016 Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David P Milian. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap)
July 13, 2016 Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Hot Topic, Inc. (ghap)
July 13, 2016 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
July 13, 2016 Filing 6 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Alicia G. Rosenberg. (ghap)
July 13, 2016 Filing 5 NOTICE of Appearance filed by attorney Frank S Hedin on behalf of Plaintiff Diana Soukhaphonh (Attorney Frank S Hedin added to party Diana Soukhaphonh(pty:pla))(Hedin, Frank)
July 12, 2016 Filing 4 NOTICE of Interested Parties filed by Plaintiff Diana Soukhaphonh, (Ahdoot, Robert)
July 12, 2016 Filing 3 CIVIL COVER SHEET filed by Plaintiff Diana Soukhaphonh. (Ahdoot, Robert)
July 12, 2016 Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Diana Soukhaphonh. (Ahdoot, Robert)
July 12, 2016 Filing 1 COMPLAINT Receipt No: 0973-18173872 - Fee: $400, filed by Plaintiff Diana Soukhaphonh. (Attorney Robert Ahdoot added to party Diana Soukhaphonh(pty:pla))(Ahdoot, Robert)

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Search for this case: Diana Soukhaphonh v. Hot Topic, Inc.
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Defendant: Hot Topic, Inc.
Represented By: Anne-Marie D Dao
Represented By: Arameh Zargham O'Boyle
Represented By: Joshua M Briones
Represented By: Kathryn L. Ignash
Represented By: E. Crystal Lopez
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Plaintiff: Diana Soukhaphonh
Represented By: Meredith Shane Lierz
Represented By: Patrick E Gonya
Represented By: Ruben Conitzer
Represented By: Robert Ahdoot
Represented By: Tina Wolfson
Represented By: David M Levine
Represented By: David P Milian
Represented By: Frank S Hedin
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Special master: William J McCurine, Jr
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