Andrew Dawson v. HITCO Carbon Composites, Inc. et al
| Andrew Dawson |
| HITCO Carbon Composites, Inc, HITCO Carbon Composites, Inc. and Does 1 through 100, inclusive |
| 2:2016cv07337 |
| September 29, 2016 |
| US District Court for the Central District of California |
| Philip S Gutierrez |
| Frederick F Mumm |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 25, 2019. A more recent docket listing may be available from PACER.
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Filing 111
MINUTES (In Chambers): The Court GRANTS Plaintiffs' motions; Judgment by Judge Philip S. Gutierrez: granting #108 MOTION for Attorney Fees; granting #109 MOTION for Settlement: For the reasons stated above, the Court GRANTS Plaintiffs' motion for final approval of class action settlement, and GRANTS Plaintiffs' request for an award of attorneys' fees and costs, incentive awards, and claims administrator fees. Accordingly, it is HEREBY ORDERED AS FOLLOWS: The Court approves settlement of the action between Plaintiffs and Defendant, as set forth in the Settlement Agreement, as fair, just, reasonable, and adequate. The parties are directed to perform their settlement in accordance with the terms set forth in the Settlement Agreement. Class Counsel are awarded $385,000 in attorneys' fees and $18,984.47 in costs. Additionally, Plaintiff Sterling is awarded a $6,000 incentive award, and Plaintiff Dawson is awarded a $8,000 incentive award. The Court finds that these amounts are warranted and reasonable for the reasons stated in this Order. The Court approves PAGA penalties of $10,000, of which $7,500 will be paid to the LWDA and $2,500 will remain part of the settlement amount for distribution to Class Members. The Court approves payment in the amount of $15,000 to Simpluris, Inc. for settlement administration costs. Without affecting the finality of this judgment in any way, this Court hereby retains exclusive jurisdiction over Defendant and the Settlement Class Members for all matters relating to the litigation, including the administration, interpretation, effectuation, or enforcement of the Settlement Agreement and this order. (bm)
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Filing 110
MINUTES OF HEARING ON MOTION FOR ATTORNEY FEES #108 AND MOTION FOR FINAL APPROVAL OF CLASS ACTION #109 held before Judge Philip S. Gutierrez: The case is called and counsel make their appearance. The Court and counsel confer. The pending Motions and the Final Approval of Class Action Settlement are taken under submission. The Court's order will issue shortly. Court Reporter: Marea Woolrich. (bm)
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Filing 109
NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement filed by Plaintiff Andrew Dawson. Motion set for hearing on 11/25/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Plaintiffs' Motion of Final Approval of Class Action Settlement, #2 Declaration of Cassandra Cita, #3 Proposed Order) (Ghosh, Joanna)
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Filing 108
NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiffs Andrew Dawson. Motion set for hearing on 11/25/2019 at 01:30 AM before Judge Philip S. Gutierrez. (Attachments: #1 Plaintiffs' Motion for Attorneys' Fees, Costs and Enhanement Awards; Memorandum of Points and Authorities, #2 Declaration of Darryl Sterling, #3 Declaration of Andrew Dawson, #4 Declaration of Edwin Aiwazian, #5 Declaration of V. Andre Sherman, #6 Proposed Order) (Ghosh, Joanna)
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Filing 107
MINUTES (IN CHAMBERS) The Court GRANTS Plaintiffs' motion for preliminary approval by Judge Philip S. Gutierrez granting #102 MOTION for Settlement: For the foregoing reasons, the Court GRANTS Plaintiffs' motion for preliminary approval of class action settlement. The Court PRELIMINARILY APPROVES the Settlement, APPOINTS Simpluris as the Settlement Administrator, and APPROVES the proposed Class Notice. The final approval hearing is set for November 25, 2019 at 1:30 pm. (see document for further details) (bm)
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Filing 106
JOINT REPORT REQUESTED BY COURT REGARDING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT re NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement #102 filed by Plaintiff Andrew Dawson. (Attachments: #1 Declaration of Joanna Ghosh, #2 [Amended Proposed Order] Granting Preliminary Approval of Class Action Settlement)(Ghosh, Joanna)
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Filing 105
MINUTES OF Plaintiff's Motion for Preliminary Approval of Settlement #102 Motion Hearing held before Judge Philip S. Gutierrez: Plaintiff's motion is held. No later than July 8, 2019, the parties shall file a report addressing the issues discussed on the record. The motion is submitted. The court sets a final approval hearing for November 25, 2019 at 1:30 p.m. Court Reporter: Marea Woolrich. (bm)
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Filing 104
NOTICE of Settlement PROPOSED CLASS ACTION SETTLEMENT PURSUANT TO CLASS ACTION FAIRNESS ACT, 28 U.S.C. 1715 filed by Defendant HITCO Carbon Composites, Inc.. (Kane, Matthew)
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Filing 103
TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez : On the Court's own motion, PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL #102 is reset to 07/01/19 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
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Filing 102
NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement filed by Plaintiff Andrew Dawson. Motion set for hearing on 6/27/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of Edwin Aiwazian, #2 Declaration of Andrew Dawson, #3 Declaration of Andre Sherman, #4 Declaration of Darryl Sterling, #5 Proposed Order) (Attorney Joanna Ghosh added to party Andrew Dawson(pty:pla)) (Ghosh, Joanna)
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Filing 101
Notice of Electronic Filing re Minutes of In Chambers Order/Directive - no proceeding held,, Terminate Deadlines and Hearings,, Set/Reset Deadlines/Hearings, #100 e-mailed to Michelle Page, michelle@lfjpc.com bounced due to No longer at 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
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Filing 100
MINUTE ORDER IN CHAMBERS Order discharging the order to show cause by Judge Philip S. Gutierrez: Accordingly, the order to show cause is DISCHARGED. The parties are ORDERED to file a motion for preliminary approval of the settlement or a joint report on the status of thereof by April 30, 2019. (bm)
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Filing 99
RESPONSE filed by Plaintiff Andrew Dawsonto Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines/Hearings, #98 (Ghosh, Joanna)
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Filing 98
MINUTE ORDER IN CHAMBERS re Order to show cause re: lack of prosecution by Judge Philip S. Gutierrez: Therefore, the Court ORDERS Plaintiff Andrew Dawson to show cause in writing no later than April 3, 2019 why this case should not be dismissed for lack of prosecution. Failure to respond will result in dismissal of the case. (see document for further details) (bm)
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Filing 97
STATUS REPORT filed by Plaintiff Andrew Dawson. (Ghosh, Joanna)
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Filing 96
JOINT NOTICE OF SETTLEMENT AND REQUEST REGARDING SCHEDULED DATES AND DEADLINES; ORDER by Judge Philip S. Gutierrez: Accordingly, the parties hereby respectfully request that the Court enter an Order: 1. Vacating all remaining scheduled pre-trial and trial deadlines and dates; and 2. Setting a date not later than 45 days from the date of entry of its Order by which Plaintiff's motion for preliminary approval of the settlement is to be filed with the Court, or if Plaintiff is unable to do so by that date, for submission of a joint status report to the Court. (bm)
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Filing 95
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Settlement #94 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Proposed Order should have been submitted as a separate, additional attachment to the Notice and Request. 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. (bm)
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Filing 94
NOTICE of Settlement filed by Defendant HITCO Carbon Composites, Inc.. (Beldner, Sabrina)
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Filing 93
ORDER by Judge Philip S. Gutierrez granting #91 EX PARTE APPLICATION for Extension of Time to File: Plaintiff's Ex Parte Application is hereby GRANTED. Plaintiff has shown good cause to continue the date for filing Plaintiff s Motion for Class Certification. IT IS HEREBY ORDERED THAT: 1. The deadline for Plaintiff to file his Motion for Class Certification shall be continued up to and including December 10, 2018. (bm)
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Filing 92
MEMORANDUM in Opposition to EX PARTE APPLICATION for Extension of Time to File Motion for Class Certification #91 filed by Defendant HITCO Carbon Composites, Inc.. (Attachments: #1 Proposed Order)(Beldner, Sabrina)
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Filing 91
EX PARTE APPLICATION for Extension of Time to File Motion for Class Certification filed by Plaintiff Andrew Dawson. (Attachments: #1 Declaration of Elliot Gonzalez, #2 Exhibit A-W to Decl. of Elliot Gonzalez, #3 Declaration of Michelle Page, #4 Exhibit A-D to Decl. of Michelle Page, #5 Proposed Order) (Gonzalez, David)
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Filing 90
ORDER GRANTING PLAINTIFF'S MOTION FOR SANCTIONS #84 by Magistrate Judge Frederick F. Mumm: Defendant is ordered to pay plaintiff sanctions in the amount of $3,593.75. Further, to the extent that defendant continues to fail to comply with the Court's order, it is further sanctioned in the amount of $100 per day from and after October 5, 2018 until the date of production. Plaintiff is ordered to file a statement with the Court confirming receipt (or lack thereof) of the time records required by the Order on October 8, 2018. (see order for further details) (hr)
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Filing 89
SCHEDULING NOTICE TEXT ONLY - IN CHAMBERS by Magistrate Judge Frederick F. Mumm: Motion hearing to enforce 06/22/2108 order and for sanctions scheduled for 09/25/2018 at 10:00 am has been VACATED. Matter taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jm) TEXT ONLY ENTRY
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Filing 88
REPLY In Support of NOTICE OF MOTION AND MOTION to Enforce June 22, 2018 Order and for Sanctions Pursuant to Rule 37(B)(2) #84 filed by Plaintiff Andrew Dawson. (Attachments: #1 Declaration of Michelle L Page In Support of Plaintiff;s Motion to Enforce)(Gonzalez, David)
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Filing 87
MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez: GRANTS the parties' joint request #86 . Accordingly, the Court GRANTS the parties' joint request that its Ex Parte Order likewise sets a 28-day deadline for Defendant to oppose Plaintiff's MCC, with Plaintiff having 21 days thereafter to file any reply in support of the MCC, and that the hearing on the MCC shall take place no earlier than 14 days following the filing of Plaintiff's MCC Reply. (wm)
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Filing 86
Joint REQUEST to CLARIFY Order on Motion for Extension of Time to File,,, #73 filed by Defendant HITCO Carbon Composites, Inc.. (Beldner, Sabrina)
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Filing 85
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Enforce June 22, 2018 Order and for Sanctions Pursuant to Rule 37(B)(2) #84 filed by Defendant HITCO Carbon Composites, Inc.. (Attachments: #1 Evidentiary Objections to Declaration of D. Elliot Gonzalez in Support of Plaintiff's Motion to Enforce June 22, 2018 Order)(Beldner, Sabrina)
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Filing 84
NOTICE OF MOTION AND MOTION to Enforce June 22, 2018 Order and for Sanctions Pursuant to Rule 37(B)(2) filed by Plaintiff Andrew Dawson. Motion set for hearing on 9/25/2018 at 10:00 AM before Magistrate Judge Frederick F. Mumm. (Attachments: #1 Declaration of D. Elliot Gonzalez In Support of Motion to Enforce, #2 Exhibits A through K to Declaration of D. Elliot Gonzalez In Support of Motion to Enforce, #3 [Proposed] Order Granting Plaintiff's Motion to Enforde) (Gonzalez, David)
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Filing 83
REVISED PROTECTIVE ORDER PURSUANT TO STIPULATION [PLEASE NOTE CHANGES MADEBY THE COURT] by Magistrate Judge Frederick F. Mumm re Further Revised Stipulation for Protective Order #82 . (see order for details) (hr)
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Filing 82
AMENDED DOCUMENT filed by Plaintiff Andrew Dawson. Amendment to Stipulation for Protective Order #76 Further Revised [Proposed] Order Granting Stipulated Protective Order (Page, Michelle)
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Filing 81
AMENDED DOCUMENT filed by Plaintiff Andrew Dawson. Amendment to Stipulation for Protective Order #76 Revised [Proposed] Order Granting Stipulated Protective Order (Page, Michelle)
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Filing 80
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Document [Revised Proposed Protective Order] #79 . The following error(s) was/were found: Document linked incorrectly to the wrong document/docket entry. Other error(s) with document(s): 1) Document should be linked to previously filed Joint Stipulation for Protective Order, Docket No. 76; and 2) Document is missing signatures of counsel for both parties. 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. (hr)
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Filing 79
AMENDED DOCUMENT filed by Plaintiff Andrew Dawson. Amendment to Stipulation for Order #65 Revised [Proposed] Order Granting Stipulated Protective Order (Page, Michelle)
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Filing 78
ORDER GRANTING JOINT STIPULATION TO EXTEND PRODUCTION DEADLINE IN JUNE 22, 2018 ORDER ON MOTION TO COMPEL DISCOVERY (Dkt. No. 75) by Magistrate Judge Frederick F. Mumm, re Stipulation for Order #77 . The time for Defendant to comply with the terms of the Court's Discovery Order with respect to collecting employee contact information and providing further responses to Requests For Production Nos. 20, 21 and 45 is extended to and including August 3, 2018. (hr)
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Filing 77
STIPULATION for Order TO EXTEND PRODUCTION DEADLINE IN JUNE 22, 2018 ORDER ON MOTION TO COMPEL DISCOVERY (Dkt. #75) filed by Defendant HITCO Carbon Composites, Inc.. (Attachments: #1 Proposed Order)(Beldner, Sabrina)
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Filing 76
Joint STIPULATION for Protective Order filed by Plaintiff Andrew Dawson. (Attachments: #1 Proposed Order)(Gonzalez, David)
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Filing 75
ORDER GRANTING IN PART PLAINTIFF'S MOTION TO COMPEL DISCOVERY by Magistrate Judge Frederick F. Mumm. The motions are GRANTED in part and DENIED in part. (See document for further details.) (sp)
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Filing 74
MINUTE ORDER IN CHAMBERS by Magistrate Judge Frederick F. Mumm: re: MOTION to Compel Answers #57 , MOTION to Compel #60 : The Court has reviewed plaintiff's motions to compel (Dkt. 57, 60) and the associated documents (Dkt. 55-56, 61-67). The Court takes the matter under submission without oral argument. The noticed hearing date of June 12, 2018, at 10:00 a.m. is hereby VACATED. IT IS SO ORDERED. (jm)
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Filing 73
ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION TO EXTEND HIS DEADLINE TO FILE A MOTION FOR CLASS CERTIFICATION #70 by Judge Philip S. Gutierrez: Plaintiff Andrew Dawsons (Plaintiff) Ex Parte Application to Extend His Deadline to File a Motion for Class Certification was filed in this Court on May 30, 2018. After consideration of all the papers filed in connection therewith, allother matters presented to the Court, and good cause appearing, the Court herebyrules and finds as follows: Plaintiffs Ex Parte Application is hereby GRANTED. Plaintiff has shown good cause to continue the date for filing Plaintiffs Motion for Class Certification. IT IS HEREBY ORDERED THAT: 1. The deadline for Plaintiff to file his Motion for Class Certification shall be continued up to and including October 9, 2018. (ab)
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Filing 72
PROOF OF SERVICE filed by Plaintiff Andrew Dawson, re EX PARTE APPLICATION for Extension of Time to File Motion for Class Certification #70 served on May 30. (Gonzalez, David)
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Filing 71
NOTICE OF ERRATA filed by Plaintiff Andrew Dawson. correcting EX PARTE APPLICATION for Extension of Time to File Motion for Class Certification #70 (Attachments: #1 Exhibits A through C to Plaintiff's Notice of Errata)(Gonzalez, David)
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Filing 70
EX PARTE APPLICATION for Extension of Time to File Motion for Class Certification filed by Plaintiff Andrew Dawson. (Attachments: #1 Declaration of D. Elliot Gonzalez In Support of Plaintiff's Ex Parte Application to Extend His Deadline to File a Motion for Class Certification, #2 Exhibits A through N to Declaration of D. Elliot Gonzalez, #3 [Proposed] Order Granting Plaintiff's Ex Parte Application to Extend His Deadline to File Motion for Class Certification) (Gonzalez, David)
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Filing 69
SCHEDULING NOTICE TEXT ONLY - IN CHAMBERS by Magistrate Judge Frederick F. Mumm re: MOTION to Compel Further Responses to Plaintiff's Requests for Production of Documents (Set One) #60 , MOTION to Compel Answers to Interrogatories of Defendant Hitco Carbon Composites #57 previously scheduled for 5/29/18 at 10:00 am have been rescheduled. The motion to compel hearings are rescheduled for 6/12/2018 at 10:00 AM before Magistrate Judge Frederick F. Mumm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jm) TEXT ONLY ENTRY
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Filing 68
ORDER re Joint Stipulation To Modify Scheduling Order by Judge Philip S. Gutierrez, re Stipulation #65 : DENIED. (bm)
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Filing 67
OPPOSITION to re: NOTICE OF MOTION AND MOTION to Strike Plaintiff's New Evidence [DKT. Nos. 63 & 64] Improperly Submitted Supplement(Motion related), #63 , Supplement(Motion related), #64 #66 filed by Plaintiff Andrew Dawson. (Page, Michelle)
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Filing 66
NOTICE OF MOTION AND MOTION to Strike Plaintiff's New Evidence [DKT. Nos. 63 & 64] Improperly Submitted Supplement(Motion related), #63 , Supplement(Motion related), #64 filed by Defendant HITCO Carbon Composites, Inc.. (Kim, Sylvia)
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Filing 65
Joint STIPULATION for Order Modifying Scheduling Order filed by Plaintiff Andrew Dawson. (Attachments: #1 Declaration of Michelle L. Page, #2 [Proposed] Order)(Page, Michelle)
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Filing 64
SUPPLEMENT to MOTION to Compel Answers to Interrogatories of Defendant Hitco Carbon Composites #57 filed by Plaintiff Andrew Dawson. (Attachments: #1 Declaration of Michelle L. Page, #2 Exhibit A to Declaration of Michell L. Page, #3 Exhibit B to Declartion of Michelle L. Page, #4 Exhibit C to Declaration of Michelle L. Page, #5 [Proposed] Order)(Page, Michelle)
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Filing 63
SUPPLEMENT to MOTION to Compel Further Responses to Plaintiff's Requests for Production of Documents (Set One) #60 filed by Plaintiff Andrew Dawson. (Attachments: #1 Declaration of Michelle L. Page, #2 Exhibit A to Declaration of Michell L. Page, #3 Declaration of Michelle L. Page, #4 Declaration of Michelle L. Page, #5 [Proposed] Order)(Attorney Michelle Lauren Page added to party Andrew Dawson(pty:pla))(Page, Michelle)
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Filing 62
REQUEST to Supplement Defendant's Oppositions to Plaintiff's Motions to Compel Further Responses to (1) Interrogatories and (2) Requests for Production of Documents re Joint Stipulation re Discovery Motion,,, #56 , MOTION to Compel Further Responses to Plaintiff's Requests for Production of Documents (Set One) #60 , Joint Stipulation re Discovery Motion,,, #61 , MOTION to Compel Answers to Interrogatories of Defendant Hitco Carbon Composites, Inc. #55 filed by Defendant HITCO Carbon Composites, Inc.. Request set for hearing on 5/29/2018 at 10:00 AM before Magistrate Judge Frederick F. Mumm. (Kim, Sylvia)
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Filing 61
JOINT STIPULATION to MOTION to Compel Further Responses to Plaintiff's Requests for Production of Documents (Set One) #60 filed by Plaintiff Andrew Dawson. (Attachments: #1 Exhibit 1 to Joint Stipulation, #2 Exhibit 2 to Joint Stipulation, #3 Exhibit 3 to Joint Stipulation, #4 Exhibit A to Exhibit 3 to Joint Stipulation, #5 Exhibit B to Exhibit 3 to Joint Stipulation, #6 Exhibit C to Exhibit 3 to Joint Stipulation, #7 Exhibit D to Exhibit 3 to Joint Stipulation, #8 Exhibit E to Exhibit 3 to Joint Stipulation, #9 Exhibit F to Exhibit 3 to Joint Stipulation, #10 Exhibit G to Exhibit 3 to Joint Stipulation, #11 Exhibit H to Exhibit 3 to Joint Stipulation, #12 Exhibit I to Exhibit 3 to Joint Stipulation, #13 Exhibit J to Exhibit 3 to Joint Stipulation, #14 Exhibit K to Exhibit 3 to Joint Stipulation, #15 Exhibit L to Exhibit 3 to Joint Stipulation, #16 Exhibit 4 to Joint Stipulation)(Gonzalez, David)
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Filing 60
NOTICE OF MOTION AND MOTION to Compel Further Responses to Plaintiff's Requests for Production of Documents (Set One) filed by Plaintiff Andrew Dawson. Motion set for hearing on 5/29/2018 at 10:00 AM before Magistrate Judge Frederick F. Mumm. (Gonzalez, David)
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Filing 59
MINUTE ORDER IN CHAMBERS by Magistrate Judge Frederick F. Mumm re: Deficiency in Electronically Filed Documents (G-112A) #58 : On the Court's own motion, the Notice of Deficiency, No. 58, is stricken from the record. (jm)
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Filing 58
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Stipulation to Motion to Compel #56 . The following error(s) was/were found: Local Rule 11-6: Memorandum/brief exceeds 25 pages. 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. (hr)
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Filing 57
NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories of Defendant Hitco Carbon Composites filed by Plaintiff Andrew Dawson. Motion set for hearing on 5/29/2018 at 10:00 AM before Magistrate Judge Frederick F. Mumm. (Gonzalez, David)
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Filing 56
JOINT STIPULATION to MOTION to Compel Answers to Interrogatories of Defendant Hitco Carbon Composites, Inc. #55 filed by Plaintiff Andrew Dawson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit A to Exhibit 3 to Joint Stipulation, #5 Exhibit B to Exhibit 3 to Joint Stipulation, #6 Exhibit Cto Exhibit 3 to Joint Stipulation, #7 Exhibit D to Exhibit 3 to Joint Stipulation, #8 Exhibit E to Exhibit 3 to Joint Stipulation, #9 Exhibit F to Exhibit 3 to Joint Stipulation, #10 Exhibit G to Exhibit 3 to Joint Stipulation, #11 Exhibit H to Exhibit 3 to Joint Stipulation, #12 Exhibit I to Exhibit 3 to Joint Stipulation, #13 Exhibit J to Exhibit 3 to Joint Stipulation, #14 Exhibit K to Exhibit 3 to Joint Stipulation, #15 Exhibit L to Exhibit 3 to Joint Stipulation, #16 Exhibit 4)(Gonzalez, David)
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Filing 55
NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories of Defendant Hitco Carbon Composites, Inc. filed by Plaintiff Andrew Dawson. Motion set for hearing on 5/29/2018 at 10:00 AM before Judge Philip S. Gutierrez. (Attorney David Elliot Gonzalez added to party Andrew Dawson(pty:pla))(Gonzalez, David)
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Filing 54
ORDER/REFERRAL to ADR Procedure No 3 by Judge Philip S. Gutierrez. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be completed no later than December 17, 2018. (ab)
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Filing 53
CIVIL JURY TRIAL ORDER by Judge Philip S. Gutierrez. Final Pretrial Conference set for 2/11/2019 02:30 PM ; Jury Trial set for 2/26/2019 09:00 AM. (ab)
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Filing 52
MINUTES [In Chambers] ORDER SETTING DATES by Judge Philip S. Gutierrez. Last Day to Add Parties &Amend Pleadings (Doe defendants are dismissed as of thiscut-off date): 01/19/18, Discovery Cut-Off: 11/20/18, Opening Expert Witness Disclosure [See F.R.Civ.P. 26(a)(2)]: 11/27/18, Last Day to file Motions: 12/04/18, Rebuttal Expert Witness Disclosure: 12/21/18, Plaintiffs Motion for Class Certification: 06/11/18, Defendants Opposition to Motion for ClassCertification: 07/09/18. Plaintiffs Reply to Motion for Class Certification: 07/30/18, Motion for Class Certification to be heard (1:30 p.m.): 08/13/18Expert Discovery Cut-Off: 01/15/19, Final Pretrial Conference (2:30 p.m.): 02/11/19, Jury Trial (9:00 a.m.): 02/26/19, Estimated Length: 7 Days. Court Reporter: Not Reported. (ab) (Main Document 52 replaced on 12/14/2017) (ab).
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Filing 51
MINUTES OF SCHEDULING CONFERENCE held before Judge Philip S. Gutierrez. The Court, having read and considered the joint report and the oral argumentpresented today, advises that dates will be set consistent with a trial scheduled in 12 to 18 months. Court Reporter: Marea Woolrich. (ab)
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Filing 50
JOINT RULE 26(f) JOINT REPORT filed by Defendant HITCO Carbon Composites, Inc.. (Kane, Matthew)
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Filing 49
Notice of Appearance or Withdrawal of Counsel: for attorney Edwin Aiwazian counsel for Plaintiff Andrew Dawson. Romina Keshishyan is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Andrew Dawson Edwin Aiwazian. (Aiwazian, Edwin)
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Filing 48
ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 12/11/2017 at 02:00 PM. (wm)
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Filing 47
ANSWER to Amended Complaint/Petition #40 with JURY DEMAND filed by Defendant HITCO Carbon Composites, Inc..(Kane, Matthew)
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Filing 46
MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS by Judge Philip S. Gutierrez re: #41 MOTION to Dismiss Case. After considering the moving, opposing, and reply papers, the Court GRANTS in part and DENIES in part the motion to dismiss, WITHOUT LEAVE TO AMEND. (See document for details) (mrgo)
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Filing 45
Objection in support of re: NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Plaintiffs Second Amended Complaint [DKT. #40] Pursuant to FRCP 12(b)(6) and/or 12(f) #41 filed by Defendant HITCO Carbon Composites, Inc.. (Kane, Matthew)
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Filing 44
REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Plaintiffs Second Amended Complaint [DKT. #40] Pursuant to FRCP 12(b)(6) and/or 12(f) #41 filed by Defendant HITCO Carbon Composites, Inc.. (Kane, Matthew)
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Filing 43
Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Plaintiffs Second Amended Complaint [DKT. #40] Pursuant to FRCP 12(b)(6) and/or 12(f) #41 filed by Plaintiff Andrew Dawson. (Attachments: #1 Declaration of Romina Keshishyan, #2 Exhibit A-C)(Keshishyan, Romina)
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Filing 42
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case #41 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Hearing date is closed. 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. (lom)
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Filing 41
NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Plaintiffs Second Amended Complaint [DKT. #40] Pursuant to FRCP 12(b)(6) and/or 12(f) filed by Defendant HITCO Carbon Composites, Inc.. Motion set for hearing on 8/7/2017 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Proposed Order Granting Defendant HITCO Carbon Composites, Inc.s Motion to Dismiss and/or Strike Plaintiffs Second Amended Complaint [DKT. #40] Pursuant to FRCP 12(b)(6) and/or 12(f)) (Kane, Matthew)
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Filing 40
SECOND AMENDED COMPLAINT Does, HITCO Carbon Composites, Inc. amending Amended Complaint/Petition #30 , filed by Plaintiff Andrew Dawson(Aiwazian, Edwin)
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Filing 39
MINUTES (In Chambers): Order DENYING Defendant's Ex Parte Application #37 by Judge Philip S. Gutierrez. The Court has read and considered Defendant's ex parte application for reconsideration of this Court's order granting in part and denying in part Defendant's motion to dismiss Plaintiff's first amended complaint, see Dkt. #36 , or alternatively, for order shortening time to hear the application as a noticed motion. Dkt. #37 . Defendant's ex parte application is DENIED. (lom)
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Filing 38
Opposition re: EX PARTE APPLICATION for Reconsideration re Order on Motion to Dismiss Case,,,,,,,,, #36 #37 filed by Plaintiff Andrew Dawson. (Keshishyan, Romina)
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Filing 37
EX PARTE APPLICATION for Reconsideration re Order on Motion to Dismiss Case,,,,,,,,, #36 filed by Defendant HITCO Carbon Composites, Inc.. (Attachments: #1 Proposed Order Granting Defendants Ex Parte Application for Reconsideration of Order Granting in Part and Denying in Part Defendants Motion to Dismiss Plaintiffs First Amended Complaint (Dkt #36), or, Alternatively, for Order Shortening Time to Hearing Application as a Noticed Motion) (Kane, Matthew)
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Filing 36
MINUTES (IN CHAMBERS) Order GRANTING in part and DENYING in part Defendant's Motion to Dismiss by Judge Philip S. Gutierrez granting in part and denying in part #31 MOTION to Dismiss Case: For the reasons stated above, Defendants motion to dismiss is GRANTED in part and DENIED in part as follows: Defendant's motion as to Plaintiff's first cause of action under Cal. Lab. Code 226.7 and 512(a) (unpaid meal period premiums) is GRANTED, WITH LEAVE TO AMEND; Defendant's motion as to Plaintiff's second cause of action under Cal. Lab. Code 226.7 (unpaid rest period premiums) is GRANTED, WITH LEAVE TO AMEND; Defendant's motion as to Plaintiff's third cause of action under Cal. Lab. Code 1194, 1197, and 1197.1 (unpaid minimum wages) is DENIED; Defendant's motion as to Plaintiff's fourth cause of action under Cal. Lab. Code 201 and 202 (final wages not timely paid) is GRANTED to the extent it is derivative of the first and second causes of action (unpaid meal and rest period premiums), WITH LEAVE TO AMEND, and DENIED to the extent is it derivative of the third cause of action (unpaid minimum wages); Defendant's motion as to Plaintiffs fifth cause of action under Cal. Lab. Code 226(a) (non-compliant wage statements) is GRANTED, WITH LEAVE TO AMEND; Defendant's motion as to Plaintiff's sixth cause of action under Cal. Lab. Code 2800 and 2802 (unreimbursed business expenses) is DENIED; Defendant's motion as to Plaintiff's seventh cause of action for violation of the UCL is GRANTED to the extent it is premised on Plaintiff's first, second, and fifth causes of action, WITH LEAVE TO AMEND, but DENIED to the extent it is premised on Plaintiff's third, fourth and sixth causes of action; Defendant's motion as to Plaintiff's requests for statutory penalties under 1197.1 and injunctive relief is GRANTED, WITHOUT LEAVE TO AMEND. Plaintiff may file a second amended complaint ("SAC") consistent with this order no later than June 5, 2017. Failure to file a SAC by that date will result in dismissal with prejudice of those causes of action now dismissed with leave to amend. (bm)
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Filing 35
NOTICE Defendant Hitco Carbon Composites, Inc.s New Notice of New Decisional Authorities in Further Support of Defendants Pending Motion to Dismiss and/or Strike Plaintiffs First Amended Complaint Pursuant to FRCP 12(b)(6) and/or 12(f) filed by Defendant HITCO Carbon Composites, Inc.. re #31 (Attachments: #1 Exhibit A)(Kane, Matthew)
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Filing 34
REPLY opposition NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint (Dkt. #30) Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) #31 filed by Defendant HITCO Carbon Composites, Inc.. (Attachments: #1 Exhibit L)(Kane, Matthew)
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Filing 33
OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint (Dkt. #30) Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) #31 filed by Plaintiff Andrew Dawson. (Keshishyan, Romina)
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Filing 32
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachment 1: Proposed Order #31 . The following error(s) was found: Document submitted in the wrong case. Incorrect document is attached to the docket entry. Other error(s) with document(s) are specified below In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
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Filing 31
NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint (Dkt. #30) Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Defendant HITCO Carbon Composites, Inc.. Motion set for hearing on 5/8/2017 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit Exhibits A through K, #2 Proposed Order) (Kane, Matthew)
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Filing 30
First AMENDED COMPLAINT against Defendant Andrew Dawson amending Complaint - (Discovery), filed by Plaintiff Andrew Dawson(Keshishyan, Romina)
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Filing 29
TRANSCRIPT ORDER as to Plaintiff Andrew Dawson for Court Reporter. Court will contact Suzana Solis at ss@lfjpc.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Aiwazian, Edwin)
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Filing 28
MINUTES OF STATUS CONFERENCE held before Judge Philip S. Gutierrez: Matter called. Counsel admonished. Rule 23 and time limits discussed. Court Reporter: Marea Woolrich. (bm)
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Filing 27
MINUTES (IN CHAMBERS) Order GRANTING Defendant's Motion to Dismiss by Judge Philip S. Gutierrez granting #10 MOTION to Dismiss Case: For the reasons stated above, Defendant's motion to dismiss is GRANTED as follows: Plaintiff's first cause of action under Cal. Labor Code 226.7 and 512(a) (unpaid meal period premiums) is DISMISSED, WITH LEAVE TO AMEND; Plaintiff's second cause of action under Cal. Labor Code 226.7 (unpaid rest period premiums) is DISMISSED, WITH LEAVE TO AMEND; Plaintiff's third cause of action under Cal. Labor Code 1194, 1197, and 1197.1 (unpaid minimum wages) is DISMISSED, WITH LEAVE TO AMEND; Plaintiff's fourth cause of action under Cal. Labor Code 201 and 202 (final wages not timely paid) is DISMISSED, WITH LEAVE TO AMEND; Plaintiff's fifth cause of action under Cal. Labor Code 204 (wages not timely paid during employment) is DISMISSED, WITHOUT LEAVE TO AMEND; Plaintiff's sixth cause of action under Cal. Labor Code 226(a) (non-compliant wage statements) is DISMISSED, WITH LEAVE TO AMEND; Plaintiff's seventh cause of action under Cal. Labor Code 1174(d) (failure to keep requisite payroll records) is DISMISSED, WITHOUT LEAVE TO AMEND; Plaintiff's eighth cause of action under Cal. Labor Code 2800 and 2802 (unreimbursed business expenses) is DISMISSED, WITH LEAVE TO AMEND; Plaintiff's ninth cause of action under the UCL is dismissed, with leave to amend; Plaintiff's request for injunctive relief is DISMISSED, WITH LEAVE TO AMEND. Defendant's motion to strike Plaintiff's requests for attorneys' fees and costs in connection with his meal break violation claim and 1021.5, as well as Plaintiff's request for "actual, consequential, and incidental losses and damages" is DENIED. Plaintiff may file a first amended complaint ("FAC") consistent with this order no later than February 21, 2017. Failure to file a SAC by that date may result in dismissal of the case with prejudice. (bm)
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Filing 26
TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: On the Court's own motion, a Status Conference is set for 01/23/17 at 2:30 p.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
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Filing 25
TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: DEFENDANT'S MOTION TO DISMISS AND/OR STRIKE PLAINTIFF'S COMPLAINT PURSUANT TO FRCP 12(b)(6) AND OR 12(f) #10 set for hearing on 01/23/17 is taken under submission and off calendar. Accordingly, no appearance by counsel/parties is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
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Filing 24
REPLY filed by Defendant HITCO Carbon Composites, Inc. to Objection/Opposition (Motion related) #23 (Kane, Matthew)
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Filing 23
Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) #10 filed by Plaintiff Andrew Dawson. (Keshishyan, Romina)
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Filing 22
MINUTES (IN CHAMBERS) Order DENYING Defendant's Ex Parte Application by Judge Philip S. Gutierrez denying #20 EX PARTE APPLICATION for Reconsideration: The Court has read and considered Defendant HITCO Carbon Composites, Inc.'s ex parte application for reconsideration of the Courts order granting Plaintiff's ex parte application to extend the Local Rule 23-3 deadline to file a motion for class certification. See Dkt. no. 20. Defendant's ex parte application is DENIED. (bm)
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Filing 21
Opposition re: EX PARTE APPLICATION for Reconsideration re Order on Motion for Extension of Time to File,,, #18 #20 filed by Plaintiff Andrew Dawson. (Keshishyan, Romina)
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Filing 20
EX PARTE APPLICATION for Reconsideration re Order on Motion for Extension of Time to File,,, #18 filed by Defendant HITCO Carbon Composites, Inc.. (Kane, Matthew)
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Filing 19
Opposition in Opposition re: EX PARTE APPLICATION for Extension of Time to File Plaintiff's Motion For Class Certification #16 filed by Defendant HITCO Carbon Composites, Inc.. (Kane, Matthew)
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Filing 18
MINUTES (IN CHAMBERS) Order GRANTING Plaintiff's Ex Parte Application to Extend the Local Rule 23-3 Filing Deadline for Motions for Class Certification by Judge Philip S. Gutierrez granting #16 EX PARTE APPLICATION for Extension of Time to File: The Court has read and considered Plaintiff Andrew Dawson's ex parte application to extend the Local Rule 23-3 deadline to file a motion for class certification. Dkt. no. 16. Plaintiff's motion is GRANTED. Plaintiff is relieved from compliance with the requirements of Local Rule 23-3, which otherwise required Plaintiff to file a motion for class certification within 90 days after service of a pleading purporting to commence a class action. The Court will set a deadline for the filing of a motion for class certification at the Rule 26(f) conference. (bm)
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Filing 17
REQUEST FOR JUDICIAL NOTICE re EX PARTE APPLICATION for Extension of Time to File Plaintiff's Motion For Class Certification #16 filed by Plaintiff Andrew Dawson. (Attachments: #1 Exhibit A-C)(Keshishyan, Romina)
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Filing 16
EX PARTE APPLICATION for Extension of Time to File Plaintiff's Motion For Class Certification filed by Plaintiff Andrew Dawson. (Attachments: #1 Declaration of Romina Keshishyan in Support of Plaintiff's Ex Parte Application, #2 Exhibit A-I) (Keshishyan, Romina)
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Filing 15
MINUTES (IN CHAMBERS) Order DENYING Plaintiff's Motion to Remand by Judge Philip S. Gutierrez denying #11 MOTION to Remand Case to State Court: Based on the foregoing, Plaintiff's motion to remand is DENIED. (see document for further details) (bm)
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Filing 14
NOTICE TO PARTIES by District Judge Phillip S. Gutierrez. Effective December 19, 2016, Judge Gutierrez will be located at the 1st Street Courthouse, COURTROOM 6A on the 6th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 6A 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
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Filing 13
REPLY in Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #11 filed by Plaintiff Andrew Dawson. (Keshishyan, Romina)
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Filing 12
OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #11 filed by Defendant HITCO Carbon Composites, Inc.. (Attachments: #1 Declaration of Sherry Peterson)(Kane, Matthew)
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Filing 11
NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Andrew Dawson. Motion set for hearing on 12/19/2016 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of Romina Keshishyan In Support of Plaintiff's Motion to Remand, #2 Exhibits A through C to Declaration of Romina Keshishyan, #3 [Proposed] Order Granting Plaintiff Cassandra Carag's Motion to Remand) (Attorney Romina Keshishyan added to party Andrew Dawson(pty:pla)) (Keshishyan, Romina)
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Filing 10
NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Defendant HITCO Carbon Composites, Inc.. Motion set for hearing on 1/23/2017 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit A-G to RJN, #2 Proposed Order) (Kane, Matthew)
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Filing 9
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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Filing 8
Joint STIPULATION Extending Time to Answer the complaint as to HITCO Carbon Composites, Inc. answer now due 10/21/2016, re Complaint - (Discovery) filed by Defendant HITCO Carbon Composites, Inc..(Kane, Matthew)
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Filing 7
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 14-03. Case randomly reassigned from Judge Ronald S.W. Lew to Judge Philip S. Gutierrez for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:16-cv-07337 PSG(FFMx). (rn)
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
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Filing 5
NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Frederick F. Mumm. (esa)
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COMPLAINT against defendants Does 1 through 100, inclusive, HITCO Carbon Composites, Inc., Jury Demand, filed by Plaintiff Andrew Dawson. (esa)
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Filing 4
NOTICE of Related Case(s) filed by Defendant HITCO Carbon Composites, Inc.. (Kane, Matthew)
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Filing 3
Certification and NOTICE of Interested Parties filed by Defendant HITCO Carbon Composites, Inc., identifying SGL Technologies North America Corp.; SGL Carbon, LLC; SGL Carbon Beteiligung GmbH; and SGL Carbon SE. (Kane, Matthew)
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Filing 2
CIVIL COVER SHEET filed by Defendant HITCO Carbon Composites, Inc.. (Kane, Matthew)
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Filing 1
NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC632212 Receipt No: 0973-18639550 - Fee: $400, filed by Defendant HITCO Carbon Composites, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Civil Case Cover Sheet, #4 Exhibit D - Civil Case Cover Sheet Addendum, #5 Exhibit E - Civil Deposit) (Attorney Matthew Charles Kane added to party HITCO Carbon Composites, Inc.(pty:dft))(Kane, Matthew)
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