Michele Carrese et al v. Yes Online Inc., et al
Plaintiff: Michael Carrese, Luis Espinoza and Michele Carrese
Defendant: Yes Online Inc and Yes Online Inc.
Undetermined: Michael R Diliberto and Jill R. Sperber
Case Number: 2:2016cv05301
Filed: July 18, 2016
Court: US District Court for the Central District of California
Presiding Judge: Alexander F MacKinnon
Referring Judge: S James Otero
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 21, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 21, 2017 Opinion or Order Filing 60 MINUTE ORDER IN CHAMBERS by Judge S. James Otero: The Court is in receipt of the stipulation to dismiss pursuant to FRCP 41(a)(1)(A)(ii). Accordingly, the Court dismisses this action pursuant to stipulation to dismiss. All pending matters are vacated and taken off this Court's calendar. (Made JS-6. Case Terminated.) (bm)
August 18, 2017 Filing 59 Joint STIPULATION to Dismiss Case pursuant to settlement filed by defendant Yes Online Inc.. (Attachments: #1 Proposed Order Granting Stipulation to Dismiss Pursuant to FRCP 41(a)(1)(A)(ii))(Kaminski, David)
July 18, 2017 Opinion or Order Filing 58 ORDER ON NOTICE OF SETTLEMENT #57 by Judge S. James Otero: The parties are ordered to file a stipulation of dismissal within 45 days of the date of this Order. (lc)
July 17, 2017 Filing 57 Joint STIPULATION for Settlement (re Notice of Settlement) filed by defendant Yes Online Inc.. (Attachments: #1 Proposed Order on Norice of Settlement)(Kaminski, David)
July 13, 2017 Opinion or Order Filing 56 ORDER ON STIPULATION TO VACATE AND RESET REMAINING CASE DEADLINES #54 by Judge S. James Otero The remaining deadlines are vacated: July 10, 2017 for motion cutoff, August 28, 2017 for the pretrial conference and September 6, 2017 for trial.Upon a ruling on Plaintiffs Motion to Certify Class, the parties shall prepare and file a stipulation of new proposed deadlines within five days of such ruling. (lc)
July 12, 2017 Filing 55 NOTICE of Settlement filed by defendant Yes Online Inc.. (Kaminski, David)
July 7, 2017 Filing 54 Joint STIPULATION to Vacate deadlines and Reset Remaining Case Deadlines filed by defendant Yes Online Inc.. (Attachments: #1 Proposed Order on Stipulation to Vacate and Reset Remaining Case Deadlines)(Kaminski, David)
June 21, 2017 Filing 53 The Court finds the following motion suitable for disposition without oral argument and vacates the hearing re the MOTION to Certify Class, NOTICE OF MOTION AND MOTION for Appointment of Counsel filed by Plaintiff Michele Carrese. [ECF # 40], set for hearing on June 26, 2017. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
June 12, 2017 Filing 52 REPLY in support of motion NOTICE OF MOTION AND MOTION to Certify Class NOTICE OF MOTION AND MOTION for Appointment of Counsel #40 filed by Plaintiff Michele Carrese. (Attachments: #1 Exhibit Excerpt of Deposition of Terry Taylor)(Davidson, James)
June 8, 2017 Opinion or Order Filing 51 ORDER DENYING STIPULATION FOR PLAINTIFF TO FILE OVER LENGTH REPLY BRIEF IN SUPPORT OF CLASS CERTIFICATION #50 by Judge S. James Otero (lc)
June 8, 2017 Filing 50 Joint STIPULATION to Exceed Page Limitation as to Reply in Support of Class Certification filed by Plaintiff Michele Carrese. (Attachments: #1 Proposed Order)(Davidson, James)
June 5, 2017 Filing 49 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Certify Class NOTICE OF MOTION AND MOTION for Appointment of Counsel #40 filed by Defendant Yes Online Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kaminski, David)
June 5, 2017 Filing 48 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class NOTICE OF MOTION AND MOTION for Appointment of Counsel #40 filed by Defendant Yes Online Inc.. (Attachments: #1 Declaration of Terry Taylor, #2 Declaration of Stephen A. Watkins, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Kaminski, David)
May 22, 2017 Filing 47 MEDIATION REPORT Filed by Mediator (ADR Panel) Michael R Diliberto: Mediation held on May 19, 2017. The parties are unable to reach an agreement at this time. The mediator will follow up on or before July 10, 2017.(Killefer, Gail)
May 17, 2017 Filing 46 Effective May 24, 2017, Judge MacKinnon will be located at the Edward R. Roybal Federal Building, COURTROOM 840 on the 8th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 840 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
April 24, 2017 Filing 45 NOTICE of Appearance filed by attorney David J Kaminski on behalf of Defendant Yes Online Inc. (Attorney David J Kaminski added to party Yes Online Inc.(pty:dft))(Kaminski, David)
April 14, 2017 Opinion or Order Filing 44 ORDER ON STIPULATION TO DISMISS PLAINTIFF LUIS ESPINOZA AS A PARTY TO THIS CASE #43 by Judge S. James Otero (lc)
April 11, 2017 Filing 43 Joint STIPULATION to Dismiss Plaintiff Luis Espinoza filed by Plaintiffs Michele Carrese, Luis Espinoza. (Attachments: #1 Proposed Order)(Davidson, James)
April 7, 2017 Opinion or Order Filing 42 ORDER by Judge S. James Otero: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) #39 , for the following reasons: Dismissals must be filed consistent with FRCP 41. (lc)
April 7, 2017 Filing 41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) #39 by plaintiff Luis Espinosa. The following error(s) was found: pdf is a stipulation to dismiss plaintiff Luis Espinosa as a plaintiff. Incorrect event selected. The correct event is: Stipulation:Dismiss party, to which the missing proposed order should have been submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc)
April 6, 2017 Filing 40 NOTICE OF MOTION AND MOTION to Certify Class , NOTICE OF MOTION AND MOTION for Appointment of Counsel filed by Plaintiff Michele Carrese. Motion set for hearing on 6/26/2017 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum Michele Carrese's Memorandum of Points and Authorities in Support of her Renewed Motion for Class Certification and Appointment of Class Counsel, #2 Exhibit Declaration of Michele Carrese, #3 Exhibit Declaration of James L. Davidson, #4 Exhibit Terry Taylor Depo. Excerpts, #5 Exhibit Declaration of Anya Verkhovskaya, #6 Proposed Order) (Davidson, James)
April 6, 2017 Filing 39 NOTICE OF DISMISSAL filed by Plaintiff Luis Espinoza pursuant to FRCP 41a(1) as to Luis Espinoza. (Davidson, James) Modified on 4/7/2017 (lc). (STRICKEN PER 4/7/17 ORDER)
February 26, 2017 Opinion or Order Filing 38 ORDER ON STIPULATION TO EXTEND CLASS CERTIFICATION DEADLINE TO APRIL 6, 2017 #37 by Judge S. James Otero: The deadline for Plaintiff to file and serve its motion for Class Certification is extended to April 6, 2017. (lc)
February 23, 2017 Filing 37 STIPULATION for Extension of Time to File motion for class certification filed by Plaintiffs Michele Carrese, Luis Espinoza. (Attachments: #1 Proposed Order)(Davidson, James)
February 9, 2017 Filing 36 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Michael R Diliberto has been assigned to serve as Panel Mediator. (mb)
February 7, 2017 Filing 35 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Michael R. Diliberto may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 5/19/2017 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiffs Michele Carrese, Luis Espinoza(Davidson, James)
January 11, 2017 Filing 34 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Jill R. Sperber has been assigned to serve as Panel Mediator. (mb)
December 27, 2016 Filing 33 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Jill R. Sperber may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiffs Michele Carrese, Luis Espinoza(Davidson, James)
December 5, 2016 Filing 32 MINUTES OF Scheduling Conference held before Judge S. James Otero. The Court strikes the pending motion for class certification [ECF #30]. Plaintiff shallrefile said motion by March 6, 2016. The Court sets the following schedule:Jury Trial: Wednesday, September 6, 2017 9:00 a.m. Pretrial Conference: Monday, August 28, 2017 9:00 a.m. Motion Cutoff: Monday, July 10, 2017 10:00 a.m. Discovery Cutoff: Tuesday, June 6, 2017. Settlement is referred to the Alternative Dispute Resolution Program for all further proceedings.All discovery dispute to be brought before the Magistrate Judge assigned to the case; parties reminded of requirements of FRCP 26-1(a); counsel are advised all pretrial documents (as listed) must be filed in compliance with Courts Initial Standing order. Court Reporter: Carol Zurborg. (lc)
December 5, 2016 Opinion or Order Filing 31 ORDER/REFERRAL to ADR Procedure No 2 by Judge S. James Otero. Case ordered to Court Mediation Panel for mediation. (lc)
November 14, 2016 Filing 30 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Michele Carrese, Luis Espinoza. Motion set for hearing on 10/2/2017 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum In Support Of Plaintiffs' Motion for Class Certification, #2 Declaration of Todd M. Friedman in Support of Motion for Class Certification) (Friedman, Todd)
November 14, 2016 Filing 29 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-4 days, filed by Plaintiffs Michele Carrese, Luis Espinoza.. (Davidson, James)
November 1, 2016 Filing 28 ANSWER to Amended Complaint/Petition #26 JURY DEMAND. filed by Defendant Yes Online Inc..(Singer, Anne)
November 1, 2016 Filing 27 NOTICE TO PARTIES by District Judge S. James Otero. Effective November 7, 2016, Judge Otero will be located at the 1st Street Courthouse, COURTROOM 10C on the 10th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 10C 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 20, 2016 Filing 26 First AMENDED COMPLAINT against Defendant Yes Online Inc. amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Michele Carrese, Luis Espinoza(Davidson, James)
October 13, 2016 Opinion or Order Filing 25 MINUTES (in chambers): ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS CLASS ACTION COMPLAINT by Judge S. James Otero. For the foregoing reasons, the Court GRANTS IN PART AND DENIES IN PART DLR's Motion. On the statutory and Article III standing grounds with respect to Espinoza, the Motion is GRANTED with leave to amend. Plaintiffs may file an amended complaint to correct the deficiencies within ten (10) days of the issuance of this Order. Should Plaintiffs file an amended complaint, Defendant shall file an answer or otherwise respond within ten (10) days thereafter. Strict compliance with this Court's Order is required. The remainder of the Motion is DENIED. IT IS SO ORDERED. (lom)
October 13, 2016 Opinion or Order Filing 24 ORDER SETTING SCHEDULING CONFERENCE by Judge S. James Otero. Rule 26 Meeting Report due by 11/21/2016. Scheduling Conference set for 12/5/2016 at 08:30 AM before Judge S. James Otero. (vcr)
September 21, 2016 Opinion or Order Filing 23 ORDER ON STIPULATION TO WAIVE ORAL ARGUMENT, OR ALTERNATIVELY, FOR COUNSELTO APPEAR BY PHONE AT THE HEARING ON DEFENDANTS MOTION TO DISMISS #22 by Judge S. James Otero: The Court GRANTS the parties request to waive oral argument. The hearing date of October 3, 2016 is hereby VACATED #16 . (lc)
September 20, 2016 Filing 22 STIPULATION to Waive Oral Argument on Defendant's Motion to Dismiss, or, in the Alternative, Allow All Counsel to Appear by Phone NOTICE OF MOTION AND MOTION to Dismiss Case #16 filed by Plaintiffs Michele Carrese, Luis Espinoza. (Attachments: #1 Proposed Order)(Davidson, James)
September 19, 2016 Filing 21 REPLY In support of motion NOTICE OF MOTION AND MOTION to Dismiss Case #16 filed by Defendant Yes Online Inc.. (Singer, Anne)
September 12, 2016 Filing 20 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #16 filed by Plaintiffs Michele Carrese, Luis Espinoza. (Davidson, James)
September 2, 2016 Filing 19 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Dismiss Case #16 by Clerk of Court. The document is accepted as filed. (lc)
September 1, 2016 Filing 18 CERTIFICATE of Interested Parties filed by Defendant Yes Online Inc., (Singer, Anne)
September 1, 2016 Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Yes Online NOTICE OF MOTION AND MOTION to Dismiss Case #16 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc)
August 31, 2016 Filing 16 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Yes Online Inc.. Motion set for hearing on 10/3/2016 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Letter) (Attorney Anne Singer added to party Yes Online Inc.(pty:dft)) (Singer, Anne)
August 8, 2016 Opinion or Order Filing 15 ORDER by Judge S. James Otero: granting #14 Non-Resident Attorney James L. Davidson APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Michele Carrese, Luis Espinoza, designating Todd M Friedman as local counsel. (lc)
August 8, 2016 Filing 14 APPLICATION of Non-Resident Attorney James L. Davidson to Appear Pro Hac Vice on behalf of Plaintiffs Michele Carrese, Luis Espinoza (Pro Hac Vice Fee - $325 Previously Paid on 7/27/2016, Receipt No. 0973-18260865) filed by Plaintiffs Michele Carrese, Luis Espinoza. (Attachments: #1 Supplement Certificate of Good Standing, #2 Proposed Order, #3 Proof of Service) (Friedman, Todd)
July 29, 2016 Filing 12 NOTICE OF LODGING filed re APPLICATION of Non-Resident Attorney James L Davidson to Appear Pro Hac Vice on behalf of Plaintiffs Michele Carrese, Luis Espinoza (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18260865) #10 (Attachments: #1 Supplement)(Friedman, Todd)
July 28, 2016 Filing 13 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney James L Davidson to Appear Pro Hac Vice on behalf of Plaintiffs Michele Carrese, Luis Espinoza (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18260865) #10 by Clerk. The document is stricken and counsel is ordered to file an amended or corrected document by August 12, 2016. (lom)
July 28, 2016 Filing 11 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney James L Davidson to Appear Pro Hac Vice on behalf of Plaintiffs Michele Carrese, Luis Espinoza (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18260865) #10 . 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. 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 27, 2016 Filing 10 DOCUMENT IS STRICKEN, see docket entry no. #13 - APPLICATION of Non-Resident Attorney James L Davidson to Appear Pro Hac Vice on behalf of Plaintiffs Michele Carrese, Luis Espinoza (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18260865) filed by Plaintiff Michele Carrese, Luis Espinoza. (Attachments: #1 Proposed Order, #2 Proof of Service) (Friedman, Todd) Modified on 7/29/2016 (lom).
July 20, 2016 Opinion or Order Filing 9 INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr)
July 20, 2016 Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James L. Davidson. 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. (jtil)
July 19, 2016 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Yes Online Inc. (jtil)
July 19, 2016 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
July 19, 2016 Filing 5 NOTICE OF ASSIGNMENT to District Judge S. James Otero and Magistrate Judge Alexander F. MacKinnon. (jtil)
July 18, 2016 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Michele Carrese, Luis Espinoza. (Friedman, Todd)
July 18, 2016 Filing 3 NOTICE of Interested Parties filed by Plaintiff Michele Carrese, Luis Espinoza, (Friedman, Todd)
July 18, 2016 Filing 2 CIVIL COVER SHEET filed by Plaintiffs Michele Carrese, Luis Espinoza. (Friedman, Todd)
July 18, 2016 Filing 1 COMPLAINT Receipt No: 0973-18203116 - Fee: $400, filed by Plaintiff Michele Carrese, Luis Espinoza. (Attorney Todd M Friedman added to party Michele Carrese(pty:pla), Attorney Todd M Friedman added to party Luis Espinoza(pty:pla))(Friedman, Todd)

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Search for this case: Michele Carrese et al v. Yes Online Inc., et al
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Defendant: Yes Online Inc
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Defendant: Yes Online Inc.
Represented By: Anne Singer
Represented By: David J Kaminski
Represented By: Charles R Messer
Represented By: Stephen A Watkins
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Plaintiff: Michael Carrese
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Plaintiff: Luis Espinoza
Represented By: Todd M Friedman
Represented By: James L Davidson
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Plaintiff: Michele Carrese
Represented By: Todd M Friedman
Represented By: James L Davidson
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Undetermined: Michael R Diliberto
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Undetermined: Jill R. Sperber
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