Sevag Chalian v. CVS Pharmacy, Inc et al
| Sevag Chalian, Tamara Aleksandryan and Patrick Brennan |
| CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC and Does 1 to 10, inclusive |
| Ryan Hyams, Regine Duhon, Trent Andrews, Victoria Cosio, Elizabeth Garcia, Cynthia Cardenas and Parvin Ghassemian |
| Sigfredo Cabrera, Enko Telahun and Christine McNeely |
| 2:2016cv08979 |
| December 5, 2016 |
| US District Court for the Central District of California |
| Andre Birotte |
| Alicia G Rosenberg |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Both |
Docket Report
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This docket was last retrieved on September 27, 2021. A more recent docket listing may be available from PACER.
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Filing 250
TRANSCRIPT ORDER re: Court of Appeals case number 21-55904, as to Objector Parvin Ghassemian for Court Reporter. Court will contact Ashley Cruz at ashley@employmentattorneyla.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Cruz, Ashley)
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Filing 249
TRANSCRIPT ORDER re: Court of Appeals case number 21-55817, as to Objector Ryan Hyams for Court Reporter. Court will contact Jennifer Kramer at jennifer@employmentattorneyla.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Kramer, Jennifer)
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Filing 248
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-55904 assigned to Notice of Appeal to 9th Circuit Court of Appeals #247 as to Objector Parvin Ghassemian. (gk)
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Filing 247
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Objecter Parvin Ghassemian. Appeal of Judgment,,,,,,,, #241 , Order on Motion for Settlement,, #240 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-31815903.) (Hennig, Robert)
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Filing 246
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-55817 assigned to Notice of Appeal to 9th Circuit Court of Appeals #243 as to Movants Trent Andrews, Cynthia Cardenas, Victoria Cosio, Elizabeth Garcia, Ryan Hyams. (gk)
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Filing 245
NOTICE of Change of Attorney Business or Contact Information: for attorney Dawn M. Berry counsel for Plaintiff Sevag Chalian. Changing Firm to Clark Law Group, 3258 Fourth Ave, San Diego, CA. Changing e-mail to dberry@clarklawyers.com. Filed by Plaintiff Sevag Chalian. (Attachments: #1 Declaration Declaration of Service)(Berry, Dawn M.)
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Filing 244
Notice of Appearance or Withdrawal of Counsel: for attorney Dawn M. Berry counsel for Plaintiff Sevag Chalian. Adding Dawn M. Berry as counsel of record for Sevag Chalian for the reason indicated in the G-123 Notice. Filed by Plaintiff Sevag Chalian. (Attachments: #1 Declaration Declaration of Service)(Attorney Dawn M. Berry added to party Sevag Chalian(pty:pla))(Berry, Dawn M.)
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Filing 243
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Objector Trent Andrews, Cynthia Cardenas, Victoria Cosio, Elizabeth Garcia, Ryan Hyams. Appeal of Judgment,,,,,,,, #241 , Order on Motion for Settlement,, #240 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-31704874.) (Kramer, Jennifer)
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Filing 242
MINUTES (IN CHAMBERS) ORDER STRIKING LETTER FROM ATTORNEY HENNIG ON BEHALF OF OBJECTOR GHASSEMIAN by Judge Andre Birotte Jr.: On 7/15/2021, as the Court was finalizing its Order, Objector Ghassemian filed a Letter addressed to the Court #239 . On 7/16/2021, the Court entered its Order granting the Motions for final approval and for fees and costs, and entered a corresponding Judgment #240 , #241 . Objector Ghassemian's Letter is hereby STRICKEN. It purports to offer additional arguments in objection to the settlement, seemingly in response to Plaintiff's March 19 Supplemental Brief. The time to object has long since passed. See document for further details. Court Reporter: N/A. (gk)
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Filing 241
ORDER AND JUDGMENT GRANTING (1) MOTION FOR ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND (2) MOTION FOR AWARD OF ATTORNEYS' FEES, COSTS, AND CLASS REPRESENTATIVE INCENTIVE/SERVICE AWARDS by Judge Andre Birotte Jr.: For the reasons explained at length in the Court's concurrently-issued ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL APPROVAL AND FOR AN AWARD OF ATTORNEYS' FEES, AND OVERRULING OBJECTIONS, the Court GRANTS final approval of the Settlement #240 , and HEREBY ORDERS and MAKES DETERMINATIONS as follows: The Motion for Order Granting Final Approval of Class Action Settlement and Motion for Award of Attorneys' Fees, Costs, and Class Representative Incentive/Service Awards #180 are hereby granted in their entirety. For administering the settlement, Settlement Administrator, Simpluris, Inc., shall be paid $98,750.00 out of the Gross Settlement Amount. The Court hereby confirms the appointment of Michael S. Morrison of Alexander Morrison and Fehr LLP, Michael H. Boyamian and Armand R. Kizirian of Boyamian Law, Inc., Thomas W. Falvey of the Law Offices of Thomas W. Falvey, R. Craig Clark and Alicja A. Urtnowski of Clark Law Group, and Walter Haines of United Employees Law Group as Class Counsel. The Court hereby awards Class Counsel a reasonable attorneys' fee in the amount of $2,592,836.65 (of the $10,371,346.60 common fund), and their litigation costs in the amount of $32,385.77. The Court further approves the Class Representative Incentive/Service awards for the Class Representatives as follows: $10,000.00 U.S.D., each, to Sevag Chalian, Sigfredo Cabrera, Enko Telahun, and Christine McNeely; and $3,000.00 to Patrick Brennan, each ($43,000 in total). The California Labor and Workforce Development Agency ("LWDA") shall be paid $56,250, which is its 75% share of the PAGA penalty. Each party is to bear their own costs, except as expressly provided in this Order and Judgment. See document for further details. (MD JS-6, Case Terminated). (gk)
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Filing 240
ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL APPROVAL AND FOR AN AWARD OF ATTORNEYS' FEES, AND OVERRULING OBJECTIONS by Judge Andre Birotte Jr.: The Court GRANTS the Motion for Final Approval and the Motion for Fees and Costs #180 . Concurrently with this reasoned Order, the Court will enter Plaintiffs' Proposed Order and Judgment as it includes the judgment language necessary to effectuate this Order, the list of opt-outs, and the complete Settlement Agreement as an attachment. See document for further details. (gk)
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Filing 239
[DOCUMENT STRICKEN PER CIVIL MINUTES OF 7/19/2021, SEE DOCKET NO. 242] STATEMENT Statement of Objector Parvin Ghassemian Re: Motion for Final Approval of Class Certification filed by Movant Parvin Ghassemian re: Declaration (Motion related) #238 . (Hennig, Robert) Modified on 7/19/2021 (gk).
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Filing 238
DECLARATION of Michael S. Morrison In Support of NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 filed by Plaintiff Sevag Chalian. (Attachments: #1 Proposed Order)(Morrison, Michael)
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Filing 237
MINUTES (IN CHAMBERS) ORDER RE: FINAL APPROVAL MOTION by Judge Andre Birotte Jr.: In the Court-ordered Supplemental Briefing #232 . the parties state that they agreed to amend the release. However, the parties have not filed anything to effectuate any such amendment. The Court ORDERS the parties to file their stipulated amendment and an appropriate Proposed Order. The parties must also file a Declaration identifying the docket numbers of the Settlement Agreement and amendments thereto, along with those documents attached as exhibits to the declaration. The Court will attach these to its Order to ensure that the record is clear. The Court ORDERS the parties to email to the Court a Word document listing the names of the 102 class members who they have determined to have effectively opted out. The above must be done as soon as possible but no later than 7/15/2021. Court Reporter: N/A. (gk)
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Filing 236
NOTICE OF FILING TRANSCRIPT filed for proceedings 12/4/20; 10:23 A.M re Transcript #235 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Jui, Chia) TEXT ONLY ENTRY
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Filing 235
TRANSCRIPT for proceedings held on 12/4/20; 10:23 A.M. Court Reporter/Electronic Court Recorder: Chia Mei Jui, CSR, cmjui.csr@gmail.com, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through COURT REPORTER: Chia Mei Jui, CSR, cmjui.csr@gmail.com or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/20/2021. Redacted Transcript Deadline set for 4/30/2021. Release of Transcript Restriction set for 6/28/2021. (Jui, Chia)
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Filing 234
TRANSCRIPT ORDER as to Defendant CVS Pharmacy, Inc, CVS RX Services, Inc for Court Reporter. Court will contact Lorraine Bradley at bradleylo@gtlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Signs, Christiana)
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Filing 233
NOTICE OF ERRATA filed by Plaintiff Sevag Chalian. correcting Reply (Motion related), #199 (Errata to Supplemental Declaration of Michael Morrison (#199-1) (Morrison, Michael)
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Filing 232
SUPPLEMENT to MOTION #160 filed by Plaintiff Sevag Chalian. (Attachments: #1 Declaration of Michael Morrison, #2 Declaration of R. Craig Clark, #3 Declaration of Mary Butler, #4 Declaration of Bennett Berger)(Morrison, Michael)
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Filing 231
MINUTES (IN CHAMBERS) ORDER RE: SUPPLEMENTAL BRIEFING by Judge Andre Birotte Jr.: As the Court continues to work on Plaintiffs' Motion for Final Approval of Class Action Settlement #180 and Motion for Attorneys. Fees #160 , the Court has additional questions for Class Counsel. Answers to these questions will help the Court resolve the Motions. The parties are ORDERED to file supplemental briefing due by 3/19/2021. The Supplemental Declaration re: Opt-Outs is also due by 3/19/2021. This Order seeks clarification from Plaintiffs and Defendants on issues already raised in the record. This Order DOES NOT invite briefing from any other persons on these issues or any other issues, as the record is already extensive. See document for further details. Court Reporter: N/A. (gk)
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Filing 230
OBJECTIONS to Notice (Other) #228 Defendants' Response to Objectors' Notice of Settlement filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. (Signs, Christiana)
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Filing 229
OBJECTIONS to Notice (Other) #228 PLAINTIFFS OBJECTION TO HYAMS OBJECTORS NOTICE OF SETTLEMENT OF RELATED CASE filed by Plaintiff Sevag Chalian. (Attachments: #1 Declaration Declaration of Service)(Clark, R)
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Filing 228
NOTICE of Settlement of Related Case filed by Objectors Trent Andrews, Cynthia Cardenas, Victoria Cosio, Elizabeth Garcia, Ryan Hyams. (Attachments: #1 Declaration of Beth Gunn)(Gunn, Beth)
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Filing 227
[PROPOSED] ORDER DENYING MOTION FOR FINAL APPROVAL OF SETTLEMENT UNDER PRIVATE ATTORNEY GENERAL ACT AND CLASS ACTION SETTLEMENT re NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 filed by Movants Trent Andrews, Cynthia Cardenas, Victoria Cosio, Regine Duhon, Elizabeth Garcia, Ryan Hyams. (Kramer, Jennifer)
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Filing 226
OBJECTION TO PLAINTIFFS [PROPOSED] ORDER AND JUDGMENT GRANTING (1) MOTION FOR ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND (2) MOTION FOR AWARD OF ATTORNEYS FEES, COSTS, AND CLASS REPRESENTATIVE INCENTIVE/SERVICE AWARDS Opposition re: NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 and Proposed Order thereon #225 filed by Movants Trent Andrews, Cynthia Cardenas, Victoria Cosio, Regine Duhon, Elizabeth Garcia, Ryan Hyams. (Attorney Jennifer Kramer added to party Trent Andrews(pty:mov), Attorney Jennifer Kramer added to party Cynthia Cardenas(pty:mov), Attorney Jennifer Kramer added to party Victoria Cosio(pty:mov), Attorney Jennifer Kramer added to party Elizabeth Garcia(pty:mov))(Kramer, Jennifer)
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Filing 225
[REVISED PROPOSED] ORDER AND JUDGMENT GRANTING (1) MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT; (2) MOTION FOR AWARD OF ATTORNEYS' FEES, COSTS, AND CLASS REPRESENTATIVE SERVICE AWARDS re MOTION #160 , NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 filed by Plaintiffs Patrick Brennan, Sevag Chalian, Consol Plaintiffs Sigfredo Cabrera, Christine McNeely, Enko Telahun. (Kizirian, Armand)
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Filing 224
DECLARATION of Mary Butler In Support of NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 filed by Plaintiff Sevag Chalian. (Morrison, Michael)
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Filing 223
MINUTES (IN CHAMBERS) ORDER DENYING EX PARTE APPLICATIONS MOTION TO INTERVENE by Judge Andre Birotte Jr.: The Court hereby DENIES the Andrews Objectors' Ex Parte Application to Continue the 12/4/2020, Final Approval Hearing, etc. #208 and DENIES Objector Parvin Ghassemian's Ex Parte Application to Intervene, etc. #215 . Both applicants seek leave to conduct discovery on Plaintiffs' counsel to determine the adequacy of their representation of the class. The discovery requests are DENIED. Insofar as the applicants seek to file a sur-replies or other briefing on the merits of the settlement or on the attorneys' fee request, no such filing is warranted, necessary, or useful here. The Court will grant or deny the motion for final approval, and the fee motion, based on the current record. The request to file additional briefing is DENIED. See document for further details. Court Reporter: N/A. (gk)
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Filing 222
MINUTES OF Motion Hearing (Video Conference-Zoom) held before Judge Andre Birotte Jr. RE: Motion for Award of Attorneys' Fees, Costs, Settlement Administration Expenses, and Class Representative Enhancement Awards #160 ; Plaintiffs' Motion for Order Granting Final Approval of Class Action Settlement #180 . The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions under submission. Court Reporter: Chia Mei Jui. (gk)
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Filing 221
OPPOSITION to EX PARTE APPLICATION to Intervene #215 filed by Plaintiffs Patrick Brennan, Sevag Chalian, Consol Plaintiffs Sigfredo Cabrera, Christine McNeely, Enko Telahun. (Attachments: #1 Declaration of Armand R. Kizirian, #2 Request for Judicial Notice)(Kizirian, Armand)
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Filing 220
OPPOSITION to EX PARTE APPLICATION to Intervene #215 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. (Boudreau, James)
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Filing 219
PLAINTIFFS OPPOSITION TO HYAMS OBJECTORS EX PARTE APPLICATION TO: CONTINUE FINAL APPROVAL HEARING, REQUEST TO FILE REPLY BRIEFS, AND REQUEST TO CONDUCT DISCOVERY NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 re: EX PARTE APPLICATION to Continue Final Approval Hearing from December 4, 2020 to February 26, 2021 Re: Response #202 , NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 , Reply (Motion related), #199 , #208 filed by Plaintiff Sevag Chalian. (Attachments: #1 Declaration Proof of Service)(Clark, R)
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Filing 218
DECLARATION of Christiana L. Signs re Declaration, #203 , Response #201 , Response #202 , Response in Opposition to Motion, #217 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. (Boudreau, James)
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Filing 217
OPPOSITION to EX PARTE APPLICATION to Continue Final Approval Hearing from December 4, 2020 to February 26, 2021 Re: Response #202 , NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 , Reply (Motion related), #199 , #208 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. (Boudreau, James)
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Filing 216
DECLARATION of Mary Butler in Support of NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 filed by Plaintiff Sevag Chalian. (Morrison, Michael)
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Filing 215
EX PARTE APPLICATION to Intervene filed by Intervenor Parvin Ghassemian. (Attachments: #1 Declaration of Rob Hennig, #2 Intervenor-Complaint, #3 Proposed Order) (Attorney Robert Alan Hennig added to party Parvin Ghassemian(pty:intv)) (Hennig, Robert)
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Filing 214
NOTICE OF FILING TRANSCRIPT filed for proceedings 11/13/20, 10:45 A.M re Transcript #213 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Jui, Chia) TEXT ONLY ENTRY
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Filing 213
TRANSCRIPT for proceedings held on 11/13/20, 10:45 A.M. Court Reporter/Electronic Court Recorder: Chia Mei Jui, CSR, cmjui.csr@gmail.com, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through COURT REPORTER: Chia Mei Jui, CSR, cmjui.csr@gmail.com or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/23/2020. Redacted Transcript Deadline set for 1/4/2021. Release of Transcript Restriction set for 3/2/2021. (Jui, Chia)
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Filing 212
OBJECTIONS to Response in Support of Motion, #204 Declaration of Armand Kizirian filed by Movants Trent Andrews, Cynthia Cardenas, Victoria Cosio, Elizabeth Garcia, Movants Regine Duhon, Ryan Hyams. (Gunn, Beth)
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Filing 211
OBJECTIONS to Response in Support of Motion, #204 Declaration of Thomas Falvey filed by Movants Trent Andrews, Cynthia Cardenas, Victoria Cosio, Elizabeth Garcia, Movants Regine Duhon, Ryan Hyams. (Gunn, Beth)
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Filing 210
OBJECTIONS to Reply (Motion related), #199 Declaration of Michael Morrison filed by Movants Trent Andrews, Cynthia Cardenas, Victoria Cosio, Elizabeth Garcia, Movants Regine Duhon, Ryan Hyams. (Gunn, Beth)
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Filing 209
OBJECTIONS to Request for Judicial Notice #205 filed by Movants Trent Andrews, Cynthia Cardenas, Victoria Cosio, Elizabeth Garcia, Movants Regine Duhon, Ryan Hyams. (Gunn, Beth)
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Filing 208
EX PARTE APPLICATION to Continue Final Approval Hearing from December 4, 2020 to February 26, 2021 Re: Response #202 , NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 , Reply (Motion related), #199 , Declaration, #203 , Response #201 , Reply (Motion related) #200 filed by Objectors Trent Andrews, Cynthia Cardenas, Victoria Cosio, Regine Duhon, Elizabeth Garcia, Ryan Hyams. (Attachments: #1 Declaration of Jennifer Kramer in support of Objectors' Ex Parte Application, #2 Declaration of Victoria Cosio in support of Objectors' Ex Parte Application, #3 Declaration of Yousef Trabouly in support of Objectors' Ex Parte Application, #4 Proposed Order granting Objectors' Ex Parte Application) (Gunn, Beth)
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Filing 207
NOTICE OF LODGING filed re Objection/Opposition (Motion related),,,, #185 , Declaration, #188 , Objection/Opposition (Motion related),,, #187 (Coble, Catherine)
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Filing 206
DECLARATION of Mary Butler In Support of NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 filed by Plaintiff Sevag Chalian. (Morrison, Michael)
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Filing 205
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 In Support of Objection filed by Movants Regine Duhon, Ryan Hyams. (Kramer, Jennifer)
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Filing 204
RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 re Response to Objection of Parvin Ghassemian filed by Plaintiffs Patrick Brennan, Sevag Chalian, Consol Plaintiffs Sigfredo Cabrera, Christine McNeely, Enko Telahun. (Attachments: #1 Declaration of Thomas W. Falvey, #2 Declaration of Armand R. Kizirian, #3 Request for Judicial Notice)(Kizirian, Armand)
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Filing 203
DECLARATION of Christiana L. Signs re Response #201 , Response #202 to Rule 23 Class and PAGA Settlement Objections filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. (Attachments: #1 Exhibit Exhibits 1-6)(Boudreau, James)
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Filing 202
RESPONSE filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLCto Objection/Opposition (Motion related),,,, #185 to PAGA Settlement (Boudreau, James)
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Filing 201
RESPONSE filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLCto Objection/Opposition (Motion related),,, #187 Rule 23 Class Objections (Boudreau, James)
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Filing 200
REPLY In Support of NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 filed by Plaintiff Sevag Chalian. (Morrison, Michael)
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Filing 199
REPLY In Support of NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 filed by Plaintiff Sevag Chalian. (Attachments: #1 Declaration of Michael Morrison ISO Motion for Final Approval of Class Action Settlement, #2 Exhibit Exhibits 1-2 to the Declaration of Michael S. Morrison, #3 Exhibit Exhibits 3-4 to the Declaration of Michael S. Morrison)(Morrison, Michael)
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Filing 198
NOTICE OF ERRATA filed by Movants Trent Andrews, Cynthia Cardenas, Victoria Cosio, Elizabeth Garcia. correcting Objection/Opposition (Motion related),,, #187 (Attachments: #1 Exhibit Corrected Objection to Class Action Settlement)(Gunn, Beth)
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Filing 197
ORDER GRANTING STIPULATION TO SET DEADLINE TO RESPOND TO OBJECTIONS TO CLASS ACTION SETTLEMENT by Judge Andre Birotte Jr.: Upon Stipulation #195 , the Court finds that good cause exists to set 11/25/2020 as the deadline by which Plaintiffs and Defendants must respond to any and all objections received and filed by the Settlement Administrator to the pending class action settlement. (gk)
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Filing 196
MINUTES (IN CHAMBERS) ORDER (1) DECLINING TO ENTER PRELIMINARY INJUNCTION AND (2) ORDERING THE ISSUANCE OF CORRECTIVE NOTICE by Judge Andre Birotte Jr.: On 10/30/2020, the Court issued and Temporary Restraining Order ("TRO") #166 and an Order to Show Cause Why a Preliminary Injunction Should Not Issue ("OSC) #167 . The Court declines to issue any further injunctions against Hyams counsel. The Court also ORDERS as follows: (1) The Court invalidates the opt-out forms solicited through the Hyams website. See Opt-Out List (Dkt. No. 172). (2) The Court ORDERS the Settlement Administrator to issue, as soon as possible but no later than Monday November 23, 2020, at 5:00 p.m., the attached corrective notice to class members who attempted to opt via the opt-out form on the Hyams website, and to those who completed the contact form on that website. (3) The Court ORDERS that such class members have an additional period to opt out. Given that the final approval hearing is set for 12/4/2020, any optouts from this set of class members must be postmarked by 12/4/2020 to be valid. Plaintiffs must file, by 12/14/2020, an updated list of all opt-outs that includes any additional opt-outs received based on this extension. (4) The Administrator is ORDERED to post to the class action website the Plaintiffs' Motion for Preliminary Approval (Dkt. No. 89), the Court's Orders (Dkt. Nos. 127 and 164), and the Motion for Attorneys Fees (Dkt. No. 160). Court Reporter: N/A. (gk)
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Filing 195
Joint STIPULATION to Clarify and Set Deadline to Respond to Objections to Class Action Settlement filed by Plaintiffs Patrick Brennan, Sigfredo Cabrera, Sevag Chalian, Christine McNeely, Enko Telahun. (Attachments: #1 Proposed Order)(Kizirian, Armand)
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Filing 194
RESPONSE filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLCto Response, #192 , Notice (Other) #184 Joint Response to Hyams Plaintiffs' Response to Proposed Corrective Notice (Attachments: #1 Exhibit A)(Boudreau, James)
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Filing 193
SEALED DOCUMENT List of Proposed Settlement Class Members who Submitted Contact Forms to Hyams Web Site re Response, #192 , Show Cause Hearing - optional html form,,,,, Terminate Deadlines and Hearings,,,,, Terminate Motion and R&R Deadlines/Hearings,,,, #191 filed by Movants Regine Duhon, Ryan Hyams. (Attachments: #1 Exhibit List of Opt Outs)(Gunn, Beth)
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Filing 192
RESPONSE filed by Movants Regine Duhon, Ryan Hyamsto Show Cause Hearing - optional html form,,,,, Terminate Deadlines and Hearings,,,,, Terminate Motion and R&R Deadlines/Hearings,,,, #191 , Notice (Other) #184 (Attachments: #1 Exhibit Exhibit 1 - Proposed Intervenors' Alternate Proposed Corrective Notice)(Gunn, Beth)
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Filing 190
TRANSCRIPT ORDER Regine Duhon, Ryan Hyams for Court Reporter. Court will contact Ani Haleblian at ani@gunncoble.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Coble, Catherine)
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Filing 189
PROOF OF SERVICE filed by Objectors Trent Andrews, Cynthia Cardenas, Victoria Cosio, Elizabeth Garcia, re Declaration, #188 , Objection/Opposition (Motion related),,, #187 served on November 13, 2020. (Gunn, Beth)
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Filing 188
DECLARATION of Kristina Bailey re Objection/Opposition (Motion related),,, #187 in support of Objection to Motion for Final Approval of Class Settlement filed by Movants Trent Andrews, Cynthia Cardenas, Victoria Cosio, Elizabeth Garcia. (Attachments: #1 Declaration of Lisa Helgerson, #2 Declaration of Michael Schmidt, #3 Declaration of Ryan Hyams, #4 Declaration of Trent Andrews)(Gunn, Beth)
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Filing 191
MINUTES OF Show Cause Hearing Why a Preliminary Injunction Should Not Issue held before Judge Andre Birotte Jr.: As discussed on the record, the Court intends to distribute a Corrective Notice to class members who (1) completed the opt-out form on the Hyams website, and/or (2) completed the contact form on the Hyams website. The Court ORDERS Hyams Counsel to file by 12 noon on 11/18/2020, under seal if necessary, the names of the class members in these two groups. Plaintiffs and Defendants are ORDERED to file a proposed Corrective Notice, as described during the hearing, by close of business 11/13/2020. Hyams Counsel may respond to the proposed Corrective Notice, and/or propose an alternative Corrective Notice, by 11/18/2020, at 12 noon. The Court anticipates finalizing its Corrective Notice so that by early in the week of 11/23/2020 at the latest, the Administrator may distribute it to the sub-sets of class members identified above. For the reasons stated on the record, the Court takes the matter under submission. Court Reporter: Chia Mei Jui. (gk)
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Filing 187
to Final Approval Motion of Class Settlement in opposition to re: MOTION #160 , NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #180 filed by Movants Trent Andrews, Cynthia Cardenas, Victoria Cosio, Elizabeth Garcia. (Attachments: #1 Declaration of Beth Gunn, #2 Declaration of Trent Andrews, #3 Declaration Victoria Cosio, #4 Declaration Cynthia Cardenas, #5 Declaration of Elizabeth Garcia, #6 Declaration of Amir Zand, #7 Declaration Anne Cabrera, #8 Declaration of Beshoy Gerges)(Attorney Beth A Gunn added to party Trent Andrews(pty:bkmov), Attorney Beth A Gunn added to party Cynthia Cardenas(pty:bkmov), Attorney Beth A Gunn added to party Victoria Cosio(pty:bkmov), Attorney Beth A Gunn added to party Elizabeth Garcia(pty:bkmov))(Gunn, Beth)
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Filing 186
REQUEST FOR JUDICIAL NOTICE re MOTION #160 Objection to Settlement Under Private Attorney General Act filed by Movants Trent Andrews, Cynthia Cardenas, Victoria Cosio, Elizabeth Garcia. (Coble, Catherine)
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Filing 185
to Settlement Under Private Attorney General Act by Class Members Trent Andrews, Victoria Cosio, Elizabeth Garcia and Cynthia Garcia and Proposed Intervenors yes re: MOTION #160 filed by Movants Trent Andrews, Victoria Cosio, Elizabeth Garcia, Cynthia Cardenas. (Attachments: #1 Declaration of Jennifer Kramer in Support of Objection to PAGA Settlement, #2 Declaration of Trent Andrews in Support of Objection, #3 Declaration of Victoria Cosio in Support of Objection, #4 Declaration of Elizabeth Garcia in Support of Objection, #5 Declaration of Cynthia Cardenas in Support of Objection, #6 Declaration of Amir Zand in Support of Objection, #7 Declaration of Ann Cabrera in support of objection, #8 Declaration of Beshoy Gerges in support of objection, #9 Declaration of Kristina Bailey, #10 Declaration of Lisa Helgerson, #11 Declaration of Michael Schmidt, #12 Declaration of Ryan Hyams)(Attorney Catherine Jean Coble added to party Trent Andrews(pty:bkmov), Attorney Catherine Jean Coble added to party Victoria Cosio(pty:bkmov), Attorney Catherine Jean Coble added to party Elizabeth Garcia(pty:bkmov), Attorney Catherine Jean Coble added to party Cynthia Cardenas(pty:bkmov))(Coble, Catherine)
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Filing 184
NOTICE Joint Notice Regarding Proposed Corrective Notice filed by Plaintiff Sevag Chalian. (Attachments: #1 Declaration of Service)(Clark, R)
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Filing 183
MINUTES (IN CHAMBERS) ORDER DENYING HYAMS PLAINTIFFS' MOTION TO STAY #140 by Judge Andre Birotte Jr. See document for details. Court Reporter: N/A. (gk)
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Filing 182
RESPONSE filed by Plaintiff Sevag Chalian to Order to Show Cause Why a Preliminary Injunction Should Not Issue (Boyamian, Michael)
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Filing 181
RESPONSE filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLCto Order on Motion for Temporary Restraining Order,, #167 , Response in Support of Motion, #177 to Hyams Plaintiffs' Response to Order to Show Cause (Boudreau, James)
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Filing 180
NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiffs Sevag Chalian. Motion set for hearing on 12/4/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Michael Morrison ISO Motion for Final Approval, #2 Declaration of Mary Butler ISO Motion for Final Approval, #3 Proposed Order Proposed Order) (Morrison, Michael)
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Filing 179
ORDER GRANTING IN PART AND DENYING IN PART PROPOSED INTERVENORS' EX PARTE APPLICATION FOR CLARIFICATION AS TO EFFECT OF TEMPORARY RESTRAINING ORDER ON INDIVIDUALS REPRESENTED BY THEIR COUNSEL by Judge Andre Birotte Jr.: The Court hereby GRANTS Proposed Intervenors Ryan Hyams and Regine Duhon's Ex Parte Application for Clarification as to Effect of Temporary Restraining Order #173 as follows: The Temporary Restraining Order ("TRO") issued in this matter (Dkt. No. #166 ) is hereby clarified as to lift restrictions on, and enable Counsel to engage in, attorney-client communications with parties they represent, including: The Proposed Intervenors and the 4 Individuals with whom Counsel has signed retainer agreements; and The 83 Individuals whom Counsel interviewed during the process of obtaining declarations as part of the Hyams class action. It is further ordered that the deadline for individuals falling into one of the categories listed above to file objections and/or opt-outs to the proposed settlement in this action is extended until 11/13/2020. See document for further details. (gk)
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Filing 178
ORDER TO EXTEND PAGE LIMIT FOR PLAINTIFFS' MOTION FOR AWARD OF ATTORNEYS' FEES, COSTS, SETTLEMENT ADMINISTRATION EXPENSES, AND CLASS REPRESENTATIVE ENHANCEMENT AWARDS by Judge Andre Birotte Jr.: The Court GRANTS the Joint Stipulation to Extend the Page Limit for Plaintiffs' Motion for Award of Attorneys' Fees, Costs, Settlement, Administrator Expenses, and Class Representative Enhancement Awards #174 . Plaintiffs may file a Motion for Award of Attorneys' Fees up to 50 pages in length. (gk)
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Filing 177
RESPONSE IN SUPPORT to Order to Show Cause Why a Preliminary Injunction Should Not Issue filed by Movants Regine Duhon, Ryan Hyams, Movants Regine Duhon, Ryan Hyams. (Attachments: #1 Declaration of Beth Gunn in support of Proposed Intervenors' Response to OSC)(Gunn, Beth)
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Filing 176
Plaintiffs' OPPOSITION to Hyam Plaintiffs' Ex Parte Application for Clarification as to Effect of TRO Opposition re: EX PARTE APPLICATION for Review of Clarification of Temporary Restraining Order re Order on Motion for Temporary Restraining Order,,,, #166 #173 filed by Plaintiffs Patrick Brennan, Sevag Chalian, Consol Plaintiffs Sigfredo Cabrera, Christine McNeely, Enko Telahun. (Attachments: #1 Declaration of Armand R. Kizirian)(Kizirian, Armand)
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Filing 175
OPPOSITION to EX PARTE APPLICATION for Review of Clarification of Temporary Restraining Order re Order on Motion for Temporary Restraining Order,,,, #166 #173 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. (Boudreau, James)
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Filing 174
Joint STIPULATION to Exceed Page Limitation as to MOTION FOR ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT filed by Plaintiff Sevag Chalian. (Attachments: #1 Proposed Order [PROPOSED] ORDER EXTENDING PAGE LIMIT OF PLAINTIFFS MOTION FOR ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT, #2 Declaration Declaration of Service)(Clark, R)
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Filing 173
EX PARTE APPLICATION for Review of Clarification of Temporary Restraining Order re Order on Motion for Temporary Restraining Order,,,, #166 filed by Proposed Intervenors Regine Duhon, Ryan Hyams. (Attachments: #1 Declaration of Beth Gunn in support of Ex Parte Application, #2 Proposed Order Granting Ex Parte Application) (Gunn, Beth)
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Filing 172
RESPONSE OF PROPOSED INTERVENORS TO ORDER GRANTING TEMPORARY RESTRAINING ORDER TO FILE LIST OF CLASS MEMBERS WHO COMPLETED ONLINE OPT-OUT FORM re APPLICATION for Joinder in APPLICATION for Temporary Restraining Order as to Settlement Class Communications #149 #151 , APPLICATION for Temporary Restraining Order as to Settlement Class Communications #149 , EX PARTE APPLICATION for Temporary Restraining Order as to Hyams Plaintiffs Unauthorized Settlement Class Communications and for Order to Show Cause Why a Preliminary Injunction Should Not Issue #156 and Order thereon #166 filed by Movants Regine Duhon, Ryan Hyams. (Kramer, Jennifer)
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Filing 167
ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE by Judge Andre Birotte Jr. granting #149 APPLICATION: The Court ORDERS Ryan Hyams, Regine Duhon, their counsel Gunn Coble LLP and Jennifer Kramer Legal APC, and anyone acting on their behalf (collectively the "Hyams Plaintiffs") to show cause why the Court should not issue a preliminary injunction. The Hyams Plaintiffs may file a brief in response to this OSC by Wednesday, November 4, 2020. The Parties may file Responses to Plaintiffs' brief by Monday, November 9, 2020. A hearing on this Order to Show Cause shall be held Friday, November 13, 2020 at 10:30 a.m. (see document for further details) (bm)
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Filing 166
ORDER GRANTING APPLICATIONS FOR TEMPORARY RESTRAINING ORDER by Judge Andre Birotte Jr.granting #156 EX PARTE APPLICATION: For the reasons stated above, the Court ORDERS the Hyams Plaintiffs to immediately cease communicating, directly or indirectly, with settlement class members about the Chalian action and to cease maintaining information about the Chalian action on their web site. The Court further ORDERS the Hyams Plaintiffs to immediately remove the opt-out form from their website, and to otherwise stop collecting and/or soliciting opt-outs, until this Court is able to issue a ruling on Plaintiffs' request for preliminary injunction. This measure is warranted given that such opt-outs are in jeopardy of being invalidated, and the Court-approved Notice already informed class members how to opt out. Within 72 hours of the issuance of this Order, the Hyams Plaintiffs must file a list of the Class Members who completed the Hyams Plaintiffs' online opt-out form. (bm)
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Filing 164
MINUTE ORDER [In Chambers] ORDER AMENDING ORDER GRANTING PRELIMINARY APPROVAL by Judge Andre Birotte Jr.: It has come to the Court's attention that its ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, SETTING OF A FINAL APPROVAL HEARING, AND APPROVAL OF NOTICE TO THE CLASS ("Order," Dkt. No. 127) omitted an express discussion of whether the Court also conditionally certified the proposed Classes, appointed class representatives, and appointed Class Counsel and the Settlement Administrator. Nevertheless, out of an abundance of caution and to make the record perfectly clear, the Court hereby SUA SPONTE AMENDS its Order Granting Preliminary Approval (Dkt No. 127) to include the following: (see document for further details) (bm)
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Filing 171
Mail Returned addressed to Jessica Sun Choi re Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #124 . (mrgo)
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Filing 170
Mail Returned addressed to Jessica Sun Choi re Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #117 . (mrgo)
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Filing 169
Mail Returned addressed to Jessica Sun Choi re Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #118 . (mrgo)
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Filing 168
Mail Returned addressed to Jessica Sun Choi re Text Only Scheduling Notice,, 119 . (mrgo)
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Filing 165
ORDER TO EXTEND PAGE LIMIT FOR PLAINTIFFS' MOTION FOR AWARD OF ATTORNEYS' FEES, COSTS, SETTLEMENT ADMINISTRATION EXPENSES,AND CLASS REPRESENTATIVEENHANCEMENT AWARDS by Judge Andre Birotte Jr, re Stipulation to Exceed Page Limitation, #159 : The Court has considered the Joint Stipulation to Extend the Page Limit for Plaintiffs' Motion for Award of Attorneys' Fees, Costs, Settlement, Administrator Expenses, and Class Representative Enhancement A wards, and finds that good cause exists to permit Plaintiffs to file their Motion for Award of Attorneys' Fees in excess of 25 pages but not to exceed 50 pages in length. (bm)
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Filing 163
NOTICE of Change of address by Catherine Jean Coble attorney for Movants Regine Duhon, Ryan Hyams. Changing attorneys address to 303 N. Glenoaks Blvd., Suite 200, Burbank, CA 91502. Filed by Movants Regine Duhon, Ryan Hyams. (Coble, Catherine)
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Filing 162
REQUEST for Joinder in Reply (Motion related), #158 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. (Signs, Christiana)
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Filing 161
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Attorney Fees #160 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests-Attorney Fees. 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 160
NOTICE OF MOTION re NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AND DIRECTION OF NOTICE UNDER RULE 23(E) OF THE FEDERAL RULES OF CIVIL PROCEDURE #89 NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, COSTS, SETTLEMENT ADMINISTRATION EXPENSES, AND CLASS REPRESENTATIVE ENHANCEMENT AWARDS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Plaintiff Sevag Chalian. Motion set for hearing on 12/4/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR AWARD OF ATTORNEYS FEES, COSTS, SETTLEMENT ADMINISTRATION EXPENSES, AND CLASS REPRESENTATIVE ENHANCEMENT AWARDS, #2 Declaration Declaration of R. Craig Clark ISO Motion, #3 Declaration Declaration of M. Morrison ISO Motion, #4 Declaration Declaration of Boyamian ISO Motion, #5 Declaration Declaration of Kizirian ISO Motion, #6 Declaration Declaration of Falvey ISO Motion, #7 Declaration Declaration of Haines ISO Motion, #8 Declaration Declaration of Chalian ISO Motion, #9 Declaration Declaration of Cabrera ISO Motion, #10 Declaration Declaration of Telahun ISO Motion, #11 Declaration Declaration of Brennan ISO Motion, #12 Declaration Declaration of McNeely ISO Motion, #13 Declaration Declaration of Mary Butler Admin at Simpluris ISO Motion, #14 Declaration of Service)(Clark, R) Modified on 10/28/2020 (bm).
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Filing 159
Joint STIPULATION to Exceed Page Limitation as to Plaintiffs' Motion for Award of Attorneys' Fees, Costs, Settlement, Administration Expenses, and Class Representative Enhancement Awards filed by Plaintiff Sevag Chalian. (Attachments: #1 Proposed Order, #2 Declaration of Service)(Clark, R)
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Filing 158
REPLY In Support of EX PARTE APPLICATION for Temporary Restraining Order as to Hyams Plaintiffs Unauthorized Settlement Class Communications and for Order to Show Cause Why a Preliminary Injunction Should Not Issue #156 filed by Plaintiff Sevag Chalian. (Morrison, Michael)
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Filing 157
OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order as to Hyams Plaintiffs Unauthorized Settlement Class Communications and for Order to Show Cause Why a Preliminary Injunction Should Not Issue #156 Response in Opposition filed by Movants Regine Duhon, Ryan Hyams. (Attachments: #1 Declaration of Beth Gunn)(Kramer, Jennifer)
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Filing 156
EX PARTE APPLICATION for Temporary Restraining Order as to Hyams Plaintiffs Unauthorized Settlement Class Communications and for Order to Show Cause Why a Preliminary Injunction Should Not Issue filed by Plaintiffs Patrick Brennan, Sigfredo Cabrera, Sevag Chalian, Christine McNeely, Enko Telahun. (Attachments: #1 Declaration of Michael Morrison, #2 Declaration of Sigfredo Cabrera, #3 Declaration of Enko Telahun, #4 Declaration of Joy Hwang, #5 Proposed Order re Temporary Restraining Order, #6 Proposed Order re Order to Show Cause) (Kizirian, Armand)
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Filing 155
Opposition in opposition to re: APPLICATION for Joinder in APPLICATION for Temporary Restraining Order as to Settlement Class Communications #149 #151 , APPLICATION for Temporary Restraining Order as to Settlement Class Communications #149 filed by Movants Regine Duhon, Ryan Hyams, Movants Regine Duhon, Ryan Hyams. (Attachments: #1 Declaration of Beth Gunn in support of Opposition to Application for Temporary Restraining Order, #2 Declaration of William Balin in support of Opposition to Application for Temporary Restraining Order, #3 Declaration of Trent Andrews in support of Opposition to Application for Temporary Restraining Order)(Attorney Beth A Gunn added to party Regine Duhon(pty:bkmov), Attorney Beth A Gunn added to party Ryan Hyams(pty:bkmov))(Gunn, Beth)
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Filing 154
MINUTES OF PROPOSED INTERVENORS' MOTION TO STAY ENTIRE ACTION #140 (Telephonic) Hearing held before Judge Andre Birotte Jr.: The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion under submission. Court Reporter: Chia Mei Jui. (bm)
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Filing 153
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for Temporary Restraining Order #149 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): Docket entry text incorrectly indicates that Temporary Restraining Order is noticed for court hearing. 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 152
TEXT ONLY ENTRY (IN CHAMBERS) by Judge Andre Birotte Jr.: Defendants filed a Application for Temporary Restraining Order [Dkt. No. 149] on October 22, 2020. The Court hereby clarifies that no hearing will be held unless and until the Court sets one. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 151
APPLICATION for Joinder in APPLICATION for Temporary Restraining Order as to Settlement Class Communications #149 filed by Plaintiff Sevag Chalian. (Attachments: #1 Declaration, #2 Declaration) (Clark, R)
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Filing 150
DECLARATION of Christiana L. Signs in Support of APPLICATION for Temporary Restraining Order as to Settlement Class Communications #149 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Signs, Christiana)
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Filing 149
APPLICATION for Temporary Restraining Order as to Settlement Class Communications filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. Application set for hearing on 10/26/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order Proposed Temporary Restraining Order, #2 Proposed Order Proposed Order to Show Cause Why Preliminary Injunction Should Not Issue) (Boudreau, James)
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Filing 148
(IN CHAMBERS) ORDER ADVANCING HEARING TIME RE PROPOSED INTERVENORS' MOTION TO STAY ENTIRE ACTION #140 by Judge Andre Birotte Jr. The hearing time regarding this motion is ADVANCED from 10:00 a.m. to 9:00 a.m. on October 23, 2020, before Judge Andre Birotte Jr. The hearing will be telephonic. The Courtroom Deputy Clerk will email counsel the call-in information. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 147
ORDER APPROVING REVISED BRIEFING SCHEDULE OF PLAINTIFFS' MOTION FOR FINAL APPROVAL AND MOTION FOR ATTORNEYS' FEES, COSTS, & CLASS REPRESENTATIVE SERVICE AWARDS by Judge Andre Birotte Jr.: The Court approves the parties' Joint Stipulation Regarding Revised Briefing Schedule of Plaintiffs' Motion for Final Approval and Motion for Attorneys' Fees, Costs and Class Representative Service Awards #145 and sets the following briefing schedule: Plaintiffs' Motion for Final Approval is now due on or before 11/6/2020. Plaintiff's Motion for Attorneys' Fees, Costs and Class Representative Service Awards is now due on 10/27/2020. (gk)
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Filing 146
REPLY In Support of NOTICE OF MOTION AND MOTION to Stay Case pending Appeal #140 filed by Movants Regine Duhon, Ryan Hyams. (Attachments: #1 Declaration of Jennifer Kramer in Support of Proposed Intervenors' Reply Brief and Exhibits A and B)(DuVan-Clarke, Barbara)
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Filing 145
STIPULATION for Extension of Time to File Motion for Attorneys' Fees, Costs, Class Representative Enhancements & Motion for Final Approval filed by PLAINTIFF Sevag Chalian. (Attachments: #1 Proposed Order)(Boyamian, Michael)
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Filing 144
Plaintiffs' OPPOSITION to Hyams Plaintiffs' Second Motion to Stay re: NOTICE OF MOTION AND MOTION to Stay Case pending Appeal #140 filed by Plaintiffs Patrick Brennan, Sevag Chalian, Consol Plaintiffs Sigfredo Cabrera, Christine McNeely, Enko Telahun. (Attachments: #1 Declaration of Armand R. Kizirian)(Kizirian, Armand)
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Filing 143
OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending Appeal #140 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. (Boudreau, James)
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Filing 142
TRANSCRIPT ORDER re: Court of Appeals case number 20-55916, as to Proposed Intervenors Regine Duhon, Ryan Hyams for Court Reporter. Court will contact Allison L. Ehlert at aehlert@ehlerthicks.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Kramer, Jennifer)
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Filing 141
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Stay Case pending Appeal #140 . The following error(s) was/were found: 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)
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Filing 140
NOTICE OF MOTION AND MOTION to Stay Case pending Appeal filed by Proposed Intervenors Regine Duhon, Ryan Hyams. Motion set for hearing on 10/23/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Jennifer Kramer) (DuVan-Clarke, Barbara)
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Filing 139
NOTICE of Appearance filed by attorney Jennifer Kramer on behalf of Movants Regine Duhon, Ryan Hyams (Attorney Jennifer Kramer added to party Regine Duhon(pty:bkmov), Attorney Jennifer Kramer added to party Ryan Hyams(pty:bkmov))(Kramer, Jennifer)
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Filing 138
NOTICE of Appearance filed by attorney Barbara DuVan-Clarke on behalf of Movants Regine Duhon, Ryan Hyams (Attorney Barbara DuVan-Clarke added to party Regine Duhon(pty:bkmov), Attorney Barbara DuVan-Clarke added to party Ryan Hyams(pty:bkmov))(DuVan-Clarke, Barbara)
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Filing 137
NOTICE of Appearance filed by attorney Ashley Haber Cruz on behalf of Movants Regine Duhon, Ryan Hyams (Attorney Ashley Haber Cruz added to party Regine Duhon(pty:bkmov), Attorney Ashley Haber Cruz added to party Ryan Hyams(pty:bkmov))(Cruz, Ashley)
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Filing 136
ORDER APPROVING REVISED CLASS NOTICE by Judge Andre Birotte Jr.: Upon the parties' Joint Stipulation Regarding Revised Class Notice and the Notice of Class Action Settlement and Release of Claims #133 , the Court finds that the Notice of Class Action Settlement and Release of Claims fully advises Class Members of the proposed Settlement, exclusion timing and procedures, dispute resolution, and of the Final Approval Hearing. The Court hereby approves the proposed notice of proposed class action settlement. See document for further details. (gk)
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Filing 134
TRANSCRIPT ORDER re: Court of Appeals case number 20-55916, Regine Duhon, Ryan Hyams for Court Reporter. Court will contact Maggie at maggie@gunncoble.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Coble, Catherine)
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Filing 135
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55916 assigned to Notice of Appeal to 9th Circuit Court of Appeals #129 as to Movants Regine Duhon, Ryan Hyams. (gk)
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Filing 133
STIPULATION to AMEND filed by Plaintiff Sevag Chalian. (Attachments: #1 Proposed Order Proposed Order Approving of Revised Class Notice, #2 Declaration of Service)(Clark, R)
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Filing 132
Mail Returned addressed to Jessica Sun Choi, Alexander Krakow and Glick LLP, re Minute Order on Motion to Intervene and Motion for Preliminary Approval of Settlement #123 . (gk)
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Filing 131
NOTICE OF FILING TRANSCRIPT filed for proceedings 7/24/20, 10:10 A.M re Transcript #130 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Jui, Chia) TEXT ONLY ENTRY
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Filing 130
TRANSCRIPT for proceedings held on 7/24/20, 10:10 A.M. Court Reporter/Electronic Court Recorder: Chia Mei Jui, CSR, cmjui.csr@gmail.com, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through COURT REPORTER: Chia Mei Jui, CSR, cmjui.csr@gmail.com or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/21/2020. Redacted Transcript Deadline set for 9/29/2020. Release of Transcript Restriction set for 11/27/2020. (Jui, Chia)
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Filing 129
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Proposed Intervenors Regine Duhon, Ryan Hyams. Appeal of Order on Motion to Intervene, #125 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-27841760.) (Attachments: #1 Supplement Representation Statement)(Gunn, Beth)
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Filing 128
NOTICE of Change of Attorney Business or Contact Information: for attorney J Bernard Alexander, III counsel for Plaintiff Sevag Chalian. Changing FIRM NAME to ALEXANDER MORRISON + FEHR LLP. Changing EMAIL to mmorrison@amfllp.com. Filed by Plaintiff Sevag Chalian. (Attorney J Bernard Alexander, III added to party Sevag Chalian(pty:pla))(Alexander, J)
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Filing 127
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, SETTING OF A FINAL APPROVAL HEARING, AND APPROVAL OF NOTICE TO THE CLASS by Judge Andre Birotte Jr.: The parties' Joint Motion for Preliminary Approval of Class Action Settlement #89 is hereby GRANTED. The Court finds, on a preliminary basis, that the Final Settlement Agreement appears to be within the range of reasonableness of a settlement which could ultimately be given final approval by this Court; the Court notes that Defendants CVS Pharmacy, Inc., CVS Rx Services, Inc., and Garfield Beach CVS, LLC, have agreed to pay $9,750,000 in full satisfaction of the claims as more specifically described in the Settlement Agreement. Within 14 days, Defendants shall forward to the appointed Claims Administrator, Simpluris, a database (in an electronic spreadsheet format) of all Class Members. Within 28 days, the Claims Administrator, Simpluris, shall mail to each member of the Settlement Class the Notice of Class Action Settlement and Release of Claims. The Final Approval Hearing shall be held on 12/4/2020 at 10:00 AM. IT IS FURTHER ORDERED that all briefs in support of final approval of the Settlement and for Award of Attorneys' Fees, Costs, Class Representative Service Awards shall be served and filed with the Court by 10/16/2020. All proceedings in this matter except those contemplated in this order and in the Settlement Agreement are stayed. See document for further details. (gk)
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Filing 126
TRANSCRIPT ORDER as to Proposed Intervenors Regine Duhon, Ryan Hyams for Court Reporter. Court will contact Cathy Coble at cathy@gunncoble.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Coble, Catherine)
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Filing 125
MINUTES (IN CHAMBERS) DENYING MOTION TO INTERVENE by Judge Andre Birotte Jr.: Neither intervention as of right, nor permissive intervention, is justified here. Proposed Intervenors Ryan Hyams and Regine Duhon's Motion to Intervene #75 is DENIED. Court Reporter: N/A. (gk)
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Filing 124
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Supplement #122 . The following error(s) was/were found: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to the Request for Judicial Notice, document number 121, or a Notice of Lodging, Local Rule 5-4.4.1. 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)
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Filing 123
MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Proposed Intervenors' Motion to Intervene #75 ; Plaintiff's Motion for Preliminary Approval of Settlement #89 . The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions under submission. Court Reporter: Chia Mei Jui. (gk)
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Filing 122
SUPPLEMENT to Request for Judicial Notice, #121 filed by Movants Regine Duhon, Ryan Hyams. (Gunn, Beth)
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Filing 121
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AND DIRECTION OF NOTICE UNDER RULE 23(E) OF THE FEDERAL RULES OF CIVIL PROCEDURE #89 , NOTICE OF MOTION AND MOTION to Intervene #75 filed by Movants Regine Duhon, Ryan Hyams. (Attachments: #1 Exhibit 1 to Request for Judicial Notice)(Gunn, Beth)
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Filing 120
PLAINTIFFS' RESPONSE TO PROPOSED INTERVENORS' EVIDENTIARY OBJECTIONS TO SUPPLEMENTAL EVIDENCE SUBMITTED IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT re NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AND DIRECTION OF NOTICE UNDER RULE 23(E) OF THE FEDERAL RULES OF CIVIL PROCEDURE #89 filed by Plaintiffs Patrick Brennan, Sevag Chalian, Consol Plaintiffs Sigfredo Cabrera, Christine McNeely, Enko Telahun. (Kizirian, Armand)
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Filing 119
(IN CHAMBERS) ORDER RE 1) PROPOSED INTERVENORS' MOTION TO INTERVENE #75 ; and 2) PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT #89 by Judge Andre Birotte Jr. The hearing regarding these motions will remain on calendar for July 24, 2020, at 10:00 a.m. The Court informs counsel that the hearing will be telephonic. The Courtroom Deputy Clerk will email counsel the call-in information. The Requests for Telephonic Appearance (Dkt. Nos. 112, 113, 114, 115) are denied as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 118
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion Related Document,, #115 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Appear. The filer used the event, Responses/Replies/Other Motion Related Documents > Motion Related Document, for docketing this filing. 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)
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Filing 117
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, #114 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Appear. The filer used the event, Miscellaneous Document, for docketing this filing. 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)
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Filing 116
NOTICE OF ERRATA filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. correcting Reply (Motion related), #105 (Attachments: #1 Exhibit 1 - Dunkerton Deposition Transcript with Court Reporter's Certification)(Boudreau, James)
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Filing 115
REQUEST TO APPEAR TELEPHONICALLY re NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AND DIRECTION OF NOTICE UNDER RULE 23(E) OF THE FEDERAL RULES OF CIVIL PROCEDURE #89 , NOTICE OF MOTION AND MOTION to Intervene #75 at July 24, 2020 Hearing filed by Movants Regine Duhon, Ryan Hyams. (Attachments: #1 Declaration of Beth Gunn in support of Request to Appear Telephonically, #2 Proposed Order Granting Request to Appear Telephonically)(Gunn, Beth)
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Filing 114
Request to Appear Telephonically at Juy 24, 2020 Hearing filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC (Attachments: #1 Declaration of Christiana L. Signs, #2 Declaration of James N. Boudreau, #3 Proposed Order)(Boudreau, James)
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Filing 113
DECLARATION of R. Craig Clark Re Request to Appear Telephonically + Amended Declaration of Service filed by Plaintiff Sevag Chalian. (Attachments: #1 Proposed Order)(Clark, R)
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Filing 112
DECLARATION of R. Craig Clark Re Request to Appear Telephonically filed by Plaintiff Sevag Chalian. (Attachments: #1 Proposed Order)(Clark, R)
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Filing 111
DECLARATION of Michael S. Morrison re NOTICE OF MOTION AND MOTION to Intervene #75 filed by Plaintiff Sevag Chalian. (Attachments: #1 Proposed Order)(Morrison, Michael)
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Filing 110
Objection in opposition to re: NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AND DIRECTION OF NOTICE UNDER RULE 23(E) OF THE FEDERAL RULES OF CIVIL PROCEDURE #89 Objections to Supplemental Evidence filed by Movants Regine Duhon, Ryan Hyams. (Attachments: #1 Proposed Order Granting Objections to Supplemental Evidence)(Gunn, Beth)
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Filing 109
(IN CHAMBERS) ORDER VACATING JURY TRIAL by Judge Andre Birotte Jr. In light of the parties' proposed settlement, the Jury Trial scheduled for July 14, 2020, is VACATED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 108
Notice of Appearance or Withdrawal of Counsel: for attorney R Craig Clark counsel for Plaintiff Sevag Chalian. Adding Alicja A. Urtnowski as counsel of record for Plaintiffs Sevag Chalian, Sigfredo Cabrera, Enko Telahun, Christine for the reason indicated in the G-123 Notice. Filed by Plaintiff Sevag Chalian, Sigfredo Cabrera; Enko Telahun; Christine McNeely. (Attachments: #1 Declaration of Service)(Clark, R)
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Filing 107
Notice of Electronic Filing re Reply (Motion related), #106 e-mailed to Jessica Sun Choi bounced due to unknown address. 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. (cbr) TEXT ONLY ENTRY
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Filing 106
REPLY in Support of NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AND DIRECTION OF NOTICE UNDER RULE 23(E) OF THE FEDERAL RULES OF CIVIL PROCEDURE #89 filed by Consol Plaintiffs Sigfredo Cabrera, Christine McNeely, Enko Telahun, Plaintiff Sevag Chalian. (Attachments: #1 Declaration of Michael Morrison, #2 Response to Evidentiary Objections)(Kizirian, Armand)
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Filing 105
REPLY in support of NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AND DIRECTION OF NOTICE UNDER RULE 23(E) OF THE FEDERAL RULES OF CIVIL PROCEDURE #89 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. (Attachments: #1 Exhibit)(Boudreau, James)
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Filing 104
CONSOLIDATED COMPLAINT (SECOND AMENDED); Consolidating Claims with Cabrera, et al. v. CVS Rx Services, Inc, et al., CACD Case No. 2:20-cv-02401 related to: #44 Amended Complaint/Petition, filed by Plaintiffs Sigfredo Cabrera, Sevag Chalian, Christine McNeely, Enko Telahun(Kizirian, Armand)
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Filing 103
REPLY in support of NOTICE OF MOTION AND MOTION to Intervene #75 filed by Movants Regine Duhon, Ryan Hyams. (Attachments: #1 Declaration Supplemental Declaration of Beth Gunn in support of Motion to Intervene)(Gunn, Beth)
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Filing 102
ORDER GRANTING AMENDED STIPULATION TO CONSOLIDATE THE RELATED ACTIONS OF CHALIAN V. CVS AND CABRERA V. CVS by Judge Andre Birotte Jr.: Upon the Amended Joint Stipulation #93 , the Court finds good cause to consolidate Sevag Chalian v. CVS Pharmacy, Inc., et al., Case No. 2:16-cv-08979-AB-AG and Sigfredo Cabrera, et al. v. CVS Pharmacy, Inc., et al., Case No. 2:20-cv-02401-AB-AGR. Chalian, 16-cv-08979-AB-AGR, shall be designated as the lead action. The Court ORDERS that all further documents and proceedings must occur under Chalian, Case No. 2:16-cv-08979-AB-AGR, and that Cabrera, Case No. 2:20-cv-02401-AB-AGR is administratively CLOSED. Plaintiffs are ORDERED to file their Proposed Second Amended Consolidated Complaint within three days of the issuance of this order. (gk)
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Filing 101
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion Related Document, #99 . The following error(s) was/were found: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to a Notice of Lodging, Local Rule 5-4.4.1. 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)
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Filing 100
NOTICE OF ERRATA filed by Movants Regine Duhon, Ryan Hyams. correcting Objection/Opposition (Motion related), #95 to Motion for Preliminary Approval of Settlement (Coble, Catherine)
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Filing 99
Proposed Order Denying Plaintiff's Motion for Preliminary Approval re NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AND DIRECTION OF NOTICE UNDER RULE 23(E) OF THE FEDERAL RULES OF CIVIL PROCEDURE #89 filed by Movants Regine Duhon, Ryan Hyams. (Coble, Catherine)
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Filing 98
to Declaration of Michael Morrison in opposition to re: NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AND DIRECTION OF NOTICE UNDER RULE 23(E) OF THE FEDERAL RULES OF CIVIL PROCEDURE #89 filed by Movants Regine Duhon, Ryan Hyams. (Attachments: #1 Proposed Order Granting Objections to Declaration)(Gunn, Beth)
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Filing 97
DECLARATION of Richard Drogin In Support of Opposition to Motion for Preliminary Approval NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AND DIRECTION OF NOTICE UNDER RULE 23(E) OF THE FEDERAL RULES OF CIVIL PROCEDURE #89 filed by Movants Regine Duhon, Ryan Hyams. (Coble, Catherine)
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Filing 96
DECLARATION of Beth Gunn In Support of Opposition to Motion for Preliminary Approval NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AND DIRECTION OF NOTICE UNDER RULE 23(E) OF THE FEDERAL RULES OF CIVIL PROCEDURE #89 filed by Movants Regine Duhon, Ryan Hyams. (Attachments: #1 Declaration to Declaration of Beth Gunn)(Coble, Catherine)
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Filing 95
OPPOSITION opposition re: NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AND DIRECTION OF NOTICE UNDER RULE 23(E) OF THE FEDERAL RULES OF CIVIL PROCEDURE #89 filed by Movants Regine Duhon, Ryan Hyams. (Coble, Catherine)
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Filing 94
OPPOSITION to NOTICE OF MOTION AND MOTION to Intervene #75 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1 - Notice of Removal Cabrera, #3 Exhibit 2 - Motion to Compel Cabrera, #4 Exhibit 3 - Motion to Compel Arbitration Telahun, #5 Exhibit 4 - Order Granting Motion for Leave to Amend Cabrera, #6 Exhibit 5 - Errata Second Amended Complaint, #7 Exhibit 6 - Order re Motion for Summary Judgment, #8 Exhibit 7 - Notice of Appeal Cabrera, #9 Exhibit 8 - Notice of Appeal Cabrera, #10 Exhibit 9 - Notice of Removal Hyams, #11 Exhibit 10 - Second Amended Complaint Hyams, #12 Exhibit 11 - Updated Joint Case Management Statement Hyams, #13 Exhibit 12 - Notice of Motion to Intervene Perez, #14 Exhibit 13 - Opposition to Motion to Intervene, #15 Exhibit 14 - Joint Stipulation to Transfer Venue, #16 Exhibit 15 - Appellant's Opening Brief in Diaz)(Boudreau, James)
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Filing 93
Amended STIPULATION to Consolidate Cases as to 2:16-cv-08979-AB-AGR / 2:20-cv-02401-ABAGR filed by Plaintiff Sevag Chalian. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING AMENDED STIPULATION TO CONSOLIDATE THE RELATED ACTIONS OF CHALIAN V. CVS AND CABRERA V. CVS, #2 Proof of Service)(Clark, R)
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Filing 92
ORDER EXTENDING PAGE LIMIT OF PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL by Judge Andre Birotte Jr.: Upon Stipulation #90 , the Court finds that good cause exists to permit Plaintiffs to file their Motion for Preliminary Approval #89 in excess of 25 pages but not to exceed 50 pages in length. (gk)
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Filing 91
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AND DIRECTION OF NOTICE UNDER RULE 23(E) OF THE FEDERAL RULES OF CIVIL PROCEDURE #89 . The following error(s) was/were found: Local Rule 11-6 Memorandum/brief exceeds 25 pages. This document tendered for the judge's approval should have been submitted as a separate PDF attachment to the Stipulation to Extend Page Limit, document number 90, or a Notice of Lodging, Local Rule 5-4.4.1. 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)
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Filing 90
STIPULATION to Exceed Page Limitation as to Motion for Preliminary Approval of Class Action Settlement filed by Plaintiffs Tamara Aleksandryan, Sevag Chalian. (Attachments: #1 Proposed Order)(Morrison, Michael)
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Filing 89
NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AND DIRECTION OF NOTICE UNDER RULE 23(E) OF THE FEDERAL RULES OF CIVIL PROCEDURE filed by Plaintiffs Tamara Aleksandryan, Sevag Chalian. Motion set for hearing on 7/24/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Michael Morrison, #2 Proposed Order) (Morrison, Michael)
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Filing 88
Opposition in Opposition re: NOTICE OF MOTION AND MOTION to Intervene #75 filed by Plaintiffs Tamara Aleksandryan, Sevag Chalian. (Attachments: #1 Declaration of Michael Morrison, #2 Declaration of Michael Boyamian, #3 Declaration of R. Craig Clark, #4 Supplement Request for Judicial Notice, #5 Proposed Order Re Request for Judicial Notice)(Morrison, Michael)
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Filing 87
ORDER GRANTING JOINT STIPULATION TO VACATE STAY AND SET NEW CASE DEADLINES by Judge Andre Birotte Jr.: Upon Stipulation #83 , the Court sets the following case schedule: Opposition Filing Deadline re Motion to Intervene #75 due 6/26/2020; Reply Filing Deadline 7/3/2020; Hearing date on 7/24/2020 at 10:00 AM before Judge Andre Birotte Jr. Motion Filing Deadline re Motion for Preliminary Approval 6/19/2020; Opposition Filing Deadline 6/26/2020; Reply Filing Deadline 7/3/2020; Hearing Date set for 7/24/2020 at 10:00 AM. The stay is lifted. The parties may re-file their Stipulation to Consolidate promptly, but no later than 6/24/2020. (gk)
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Filing 86
RESPONSE filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLCto Objection #84 (Boudreau, James)
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Filing 85
RESPONSE filed by Plaintiff Sevag Chalianto Objection #84 re Stipulation to Lift Stay and Set New Case Deadlines (Attachments: #1 Declaration of Armand R. Kizirian)(Kizirian, Armand)
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Filing 84
OBJECTIONS to Stipulation to Lift Stay on Case #83 filed by Movants Regine Duhon, Ryan Hyams. (Gunn, Beth)
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Filing 83
Joint STIPULATION to Lift Stay and Set New Case Deadlines filed by Plaintiff Sevag Chalian. (Attachments: #1 Proposed Order)(Kizirian, Armand)
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Filing 82
JOINT STATUS REPORT filed by Plaintiff Sevag Chalian. (Kizirian, Armand)
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Filing 81
Notice of Appearance or Withdrawal of Counsel: for attorney R Craig Clark counsel for Plaintiff Sevag Chalian. Adding R. Craig Clark as counsel of record for Sevag Chalian for the reason indicated in the G-123 Notice. Filed by Plaintiff Sevag Chalian. (Attorney R Craig Clark added to party Sevag Chalian(pty:pla))(Clark, R)
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Filing 80
ORDER DENYING STIPULATION TO CONSOLIDATE THE RELATED ACTIONS OF CHALIAN V. CVS AND CABRERA V. CVS by Judge Andre Birotte Jr.: The Court DENIES the Joint Stipulation to Consolidate the Related Actions of Sevag Chalian v. CVS Pharmacy, Inc., et al., Case No. 2:16-cv-08979-AB-AGR and Sigfredo Cabrera, et al. v. CVS Pharmacy, Inc., et al., Case No. 2:20-cv-02401-AB-AGR #74 , but WITHOUT PREJUDICE to its being refiled after the Motion to Intervene is resolved. The Court VACATES the 6/12/2020 Pretrial Conference and ORDERS the parties to file a Joint Status Report no later than 6/15/2020. Depending on the status of the case, the parties must also file an appropriate Stipulation and Proposed Order vacating the stay and setting dates necessary to move this case forward. (gk)
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Filing 79
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Intervene #75 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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)
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Filing 78
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Stay pending Ruling on Motion to Intervene #77 filed by Intervenor Plaintiffs Regine Duhon, Ryan Hyams. (Attachments: #1 Exhibit Part 1 in Support of Motion to Stay, #2 Exhibit Part 2 in Support of Motion to Stay, #3 Exhibit Part 3 in Support of Motion to Stay, #4 Exhibit Part 4 in Support of Motion to Stay)(Coble, Catherine)
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Filing 77
NOTICE OF MOTION AND MOTION to Stay pending Ruling on Motion to Intervene filed by Plaintiffs-Intervenors Regine Duhon, Ryan Hyams. Motion set for hearing on 7/10/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Beth Gunn In Support of Motion to Stay, #2 Proposed Order in Support of Motion to Stay) (Coble, Catherine)
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Filing 76
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Intervene #75 filed by Intervenor Plaintiffs Regine Duhon, Ryan Hyams. (Attachments: #1 Exhibit Part 1 in Support of Request for Judicial Notice, #2 Exhibit Part 2 in Support of Request for Judicial Notice, #3 Exhibit Part 3 in Support of Request for Judicial Notice, #4 Exhibit Part 4 in Support of Request for Judicial Notice)(Coble, Catherine)
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Filing 75
NOTICE OF MOTION AND MOTION to Intervene filed by Plaintiffs-Intervenors Ryan Hyams, Regine Duhon. Motion set for hearing on 7/10/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Beth Gunn in Support of Motion to Intervene, #2 Proposed Order Granting Motion to Intervene) (Attorney Catherine Jean Coble added to party Ryan Hyams(pty:intvp), Attorney Catherine Jean Coble added to party Regine Duhon(pty:intvp)) (Coble, Catherine)
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Filing 74
Joint STIPULATION to Consolidate Cases as to 2:16-cv-08979-AB-AGR and 2:20-cv-02401-AB-AGR filed by Plaintiff Sevag Chalian. (Attachments: #1 Proposed Order)(Kizirian, Armand)
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Filing 73
NOTICE of Related Case(s) filed by Plaintiff Sevag Chalian. Related Case(s): Cabrera v. CVS, CACD Case No. 2:20-cv-02401-CBM-PJW (Kizirian, Armand)
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Filing 72
ORDER STAYING LITIGATIONPENDING MEDIATION by Judge Andre Birotte Jr, re Stipulation to Stay Case #71 . The case is STAYED pending mediation of this matter currently set for November 11, 2019. The Court DECLINES to vacate all existing dates. If mediation fails, the parties shall file a Stipulation and Proposed Order extending the dates for the same amount of time that the case was stated. (See order for further details) (yl)
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Filing 71
STIPULATION to Stay Case pending Completion of Mediation filed by Plaintiff Sevag Chalian. (Attachments: #1 Proposed Order)(Morrison, Michael)
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Filing 70
ORDER GRANTING JOINT STIPULATION TO CONTINUE DEADLINE FOR PLAINTIFF TO FILE MOTION FOR CLASS CERTIFICATION AND RESETTING TRIAL AND PRE-TRIAL DATES by Judge Andre Birotte Jr.: Upon Stipulation #69 , the Court set the following case schedule: Last day to conduct ADR proceedings 7/1/2019. Non-Expert Discovery cut-off 10/1/2019. Deadline to file motion for class certification 12/9/2019. Deadline to file motions for summary judgment 2/28/2020. Last Day to Hear Motion for Class Certification 2/28/2020. Last Day to Hear Motions for Summary Judgment 4/10/2020. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine due by 5/13/2020. Lodged Proposed Pretrial Conference Order due by 5/27/2020. Final Pretrial Conference and Hearing on Motions in Limine is continued to 6/12/2020 11:00 AM before Judge Andre Birotte Jr. Jury Trial is continued to 7/14/2020 08:30 AM before Judge Andre Birotte Jr. See document for further details. (gk)
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Filing 69
Joint STIPULATION to Reset filed by Plaintiff Sevag Chalian. (Attachments: #1 Proposed Order)(Kizirian, Armand)
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Filing 68
JOINT STIPULATION AND ORDER MODIFYING SCHEDULING ORDER AND EXTENDING CASE DEADLINES by Judge Andre Birotte Jr.: Upon Stipulation #67 , in anticipation of the additional time needed for discovery on the class certification issue, and to align the class certification deadline with the other case deadlines previously set by this Court, the following deadlines shall be extended: Last day to conduct ADR proceedings is 1/27/2019. Non-Expert Discovery cut-off 2/15/2019. Deadline to file motion for class certification 4/9/2019. Last Day to Hear Motion for Class Certification 6/7/2019. Last Day to Hear Motions for Summary Judgment 8/2/2019. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine by 10/18/2019. Lodge Pretrial Conference Order, file agreed set of Jury Instructions and Verdict forms, file statement regarding Disputed Instructions and Verdict Forms, and file oppositions to Motions in Limine by 10/25/2019. Final Pretrial Conference and Hearing on Motions in Limine set for 11/8/2019 11:00 AM before Judge Andre Birotte Jr. Jury Trial set for 12/3/2019 08:30 AM before Judge Andre Birotte Jr. (gk)
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Filing 67
Joint STIPULATION to Extend Discovery Cut-Off Date to 2/15/2019 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC.(Boudreau, James)
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Filing 66
STIPULATED ORDER REGARDING CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER by Judge Andre Birotte Jr.: Upon Stipulation #64 , the Court hereby holds, that the protections afforded under the terms of the Stipulated Confidentiality Agreement and Protective Order #30 are sufficient to protect the privacy interests of any current or former employees whose names, addresses, and telephone numbers are produced during the course of discovery. See document for further details. (gk)
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Filing 65
(IN CHAMBERS) ORDER STRIKING JOINT STIPULATION MODIFYING SCHEDULING ORDER AND EXTENDING CASE DEADLINES (Dkt. No. 63) by Judge Andre Birotte Jr. The Court hereby STRIKES the parties' stipulation. The Court is inclined to grant the schedule modifications requested, but the request is incomplete because it does not include hearing dates for the motions for class certification and summary judgment, and omits the remaining trial-related dates. The parties may file a new stipulation complete with all of the relevant dates. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 64
Joint STIPULATION for Order Regarding Confidentiality Agreement and Protective Order [ECF No. 30] filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC.(Boudreau, James)
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Filing 63
[STRICKEN] Joint STIPULATION to Extend Discovery Cut-Off Date to 2/15/2019 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC.(Boudreau, James) Modified on 7/18/2018 (cb).
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Filing 62
NOTICE of Change of Attorney Business or Contact Information: for attorney Michael Hagop Boyamian counsel for Plaintiff Sevag Chalian. Changing firm name to Boyamian Law, Inc. Changing e-mail to michael@boyamianlaw.com. Filed by Plaintiff Sevag Chalian. (Boyamian, Michael)
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Filing 61
NOTICE of Change of Attorney Business or Contact Information: for attorney Armand Raffi Kizirian counsel for Plaintiff Sevag Chalian. Changing firm name to Boyamian Law, Inc. Changing e-mail to armand@boyamianlaw.com. Filed by Plaintiff Sevag Chalian. (Kizirian, Armand)
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Filing 60
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
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Filing 59
MINUTES (IN CHAMBERS) ORDER DENYING MOTION FOR JUDGMENT ON THE PLEADINGS by Judge Andre Birotte Jr. Before the Court is Defendants CVS Pharmacy Inc.,et al.'s Motionfor Judgment on the Pleadings #55 . The Court will resolve the Motion without oral argument so therefore VACATES the hearing set for March 23, 2018. The Court hereby DENIES the Motion. (iv)
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Filing 58
REPLY In Support of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to on the Pleadings #55 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. (Boudreau, James)
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Filing 57
Opposition In Opposition re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to on the Pleadings #55 filed by Plaintiff Sevag Chalian. (Attachments: #1 Supplement Plaintiff's Request for Judicial Notice)(Morrison, Michael)
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Filing 56
ORDER RE: JOINT STIPULATION SETTING BRIEFING SCHEDULE FOR DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS AND EXTENDING TIME FOR PLAINTIFF TO MOVE FOR CLASS CERTIFICATION by Judge Andre Birotte Jr.: Upon Stipulation #54 , the Court hereby RULES AS FOLLOWS: CVS shall file its motion for judgment on the pleadings #55 no later than 2/9/2018. Mr. Chalian shall respond to CVS's motion for judgment on the pleadings no later than 2/28/2018. CVS shall file a reply to Mr. Chalian's response to CVS's motion for judgment on the pleadings no later than 3/9/2018. The motion hearing on CVS's motion for judgment on the pleadings shall take place on 3/23/2018. The deadline for Mr. Chalian to file any motion for class certification shall be extended to 11/2/2018. CVS's opposition to Mr. Chalian's motion for class certification shall be due on 1/4/2019. Mr. Chalian's reply in support of any motion for class certifications hall be due on 2/1/2019. The class certification hearing shall take place on 2/15/2019. (gk)
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Filing 55
NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to on the Pleadings filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. Motion set for hearing on 3/23/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1 - Stark Docket, #3 Exhibit 2 - Stark Complaint, #4 Exhibit 3 - Stark First Amended Complaint, #5 Exhibit 4 - Stark Final Judgment, #6 Exhibit 5 - Ibrahim Docket, #7 Exhibit 6 - Ibrahim Complaint, #8 Exhibit 7 - Notice of Order re Stipulation, #9 Exhibit 8 - Meneses Docket, #10 Exhibit 9 - Meneses Complaint, #11 Exhibit 10 - Meneses First Amended Complaint, #12 Exhibit 11 - Meneses Final Judgment, #13 Exhibit 12 - Connell Docket, #14 Exhibit 13 - Connell Complaint, #15 Exhibit 14 - Connell First Amended Complaint, #16 Exhibit 15 - Connell Final Judgment) (Signs, Christiana)
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Filing 54
Joint STIPULATION to Reschedule Briefing Schedule for Defendants' Motion for Judgment on the Pleadings and Extending Time for Plaintiff to Move for Class Certification filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. (Attachments: #1 Proposed Order)(Signs, Christiana)
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Filing 53
Notice of Appearance or Withdrawal of Counsel: for attorney Tyler R Andrews counsel for Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. Roger L. Scott is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants CVS Pharmacy, Inc., CVS Rx Services, Inc., Garfield Beach CVS, Inc.. (Andrews, Tyler)
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Filing 52
MINUTES [In Chambers] Order GRANTING Motion to Compel Arbitration #47 by Judge Andre Birotte Jr. For the foregoing reasons, the Court GRANTS Defendants' Motion to Compel Arbitration. The Court hereby ORDERS Aleksandryan to proceed to arbitration and DISMISSES her from this action. IT IS SO ORDERED. (lom)
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Filing 51
ORDER RE: JOINT STIPULATION TO EXTEND THE DEADLINE FOR PLAINTIFFS TO FILE THEIR MOTION FOR CLASS CERTIFICATION #49 by Judge Andre Birotte Jr. Having reviewed the Joint Stipulation to Extend the Deadline for Plaintiffs' to File Their Motion for Class Certification, and good cause appearing, the Court hereby RULES AS FOLLOWS: The stipulation is GRANTED. The deadline for Plaintiffs to file their motion for class certification shall be extended from October 13, 2017 to April 17, 2018. Defendants' Opposition shall be due on June 15, 2018; Plaintiffs' Reply Brief shall be due on July 13, 2018. The class certification hearing shall take place on July 27, 2018. (clee)
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Filing 50
REPLY in support of MOTION to Compel Arbitration of Plaintiff Tamara Aleksandryan's Claims #47 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Does, Garfield Beach CVS, LLC. (Attachments: #1 Declaration of Susan McClure, #2 Exhibit 1, #3 Exhibit 2)(Scott, Roger)
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Filing 49
Joint STIPULATION for Extension of Time to File Plaintiffs' Motion for Class Certification filed by Plaintiff Sevag Chalian. (Attachments: #1 Proposed Order)(Morrison, Michael)
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Filing 48
PLAINTIFFS' OPPOSITION re: MOTION to Compel Arbitration of Plaintiff Tamara Aleksandryan's Claims #47 filed by Plaintiff Sevag Chalian. (Attachments: #1 Declaration of Michael Morrison, #2 Declaration of Tamara Aleksandryan)(Kizirian, Armand)
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Filing 47
NOTICE OF MOTION AND MOTION to Compel Arbitration of Plaintiff Tamara Aleksandryan's Claims filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Does, Garfield Beach CVS, LLC. Motion set for hearing on 10/20/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration Robert Bailey in Support of Defendants' Motion to Compel Arbitration of Plaintiff Tamara Aleksandryan's Claims, #2 Index to Exhibits to Declaration of Robert Bailey, #3 Exhibit 1 - CVS Health Arbitration of Workplace Legal Disputes, #4 Exhibit 2 - CVS Health Colleague Guide to Arbitration, #5 Exhibit 3 - Ms. Aleksandryan's Training Transcript, #6 Declaration Susan McClure in Support of Defendants' Motion to Compel Arbitration of Plaintiff Tamara Aleksandryan's Claims, #7 Index to Exhibits to Declaration of Susan McClure, #8 Exhibit 4 - Tamara Aleksandryan's CVS Health Arbitration Agreement)(Scott, Roger)
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Filing 46
ANSWER to Amended Complaint/Petition #44 with JURY DEMAND filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Does, Garfield Beach CVS, LLC. (Attachments: #1 Index to Exhibits to Defendants' Answer to Plaintiffs' First Amended Complaint, #2 Exhibit 1 - Chalian's Claim Forms and Checks, #3 Exhibit 2 - Aleksandryan's Claims Forms and Checks)(Attorney Roger L Scott added to party Does(pty:dft))(Scott, Roger)
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Filing 45
Notice of Appearance or Withdrawal of Counsel: for attorney Michael S Morrison counsel for Plaintiff Sevag Chalian. Adding Jessica S. Choi as counsel of record for Plaintiff Sevag Chalian for the reason indicated in the G-123 Notice. Filed by Plaintiff Sevag Chalian. (Morrison, Michael)
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Filing 44
First AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery),, filed by Plaintiff Sevag Chalian(Morrison, Michael)
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Filing 43
MINUTES (IN CHAMBERS) ORDER GRANTING MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT and DENYING MOTION FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT by Judge Andre Birotte Jr.: The Motion for Leave to File First Amended Complaint #37 is GRANTED. Plaintiff is ORDERED to file the First Amended Complaint within 7 days of the issuance of this Order. The Motion for Leave to File a Motion for Summary Judgment #31 is DENIED. Court Reporter: N/A. (gk)
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Filing 42
MINUTES OF 1) PLAINTIFF'S MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT #37 ; and 2) DEFENDANTS' MOTION FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT #31 Motion Hearing held before Judge Andre Birotte Jr: The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions under submission. Court Reporter: Chia Mei Jui. (clee)
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Filing 41
REPLY in Support of Plaintiff's Motion for Leave to File First Amended Complaint NOTICE OF MOTION AND MOTION to File First Amended Complaint NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint #37 filed by Plaintiff Sevag Chalian. (Attachments: #1 Declaration of Jessica S. Choi)(Morrison, Michael)
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Filing 40
(IN CHAMBERS) ORDER CONTINUING DEFENDANTS' MOTION FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT #31 by Judge Andre Birotte Jr. This Court, on its own motion, hereby CONTINUES the motion hearing date from August 11, 2017 to Friday, August 25, 2017 at 10:00 am before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 39
Opposition Opposition re: NOTICE OF MOTION AND MOTION to File First Amended Complaint NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint #37 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc. (Attachments: #1 Exhibit Index to Exhibits, #2 Exhibit 1 - July 31, 2017 Letter between counsel re Aleksandryan, #3 Exhibit 2 - June 27, 2016 - Ms. Aleksandrayn executed CVS Health Arbitration Agreement, #4 Exhibit 3 - Settlement claims)(Scott, Roger)
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Filing 38
REPLY in Support NOTICE OF MOTION AND MOTION to File Motion for Summary Judgment #31 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. (Signs, Christiana)
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Filing 37
NOTICE OF MOTION AND MOTION to File First Amended Complaint , NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint filed by Plaintiff Sevag Chalian. Motion set for hearing on 8/25/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order) (Morrison, Michael)
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Filing 36
(IN CHAMBERS) ORDER CONTINUING HEARING DATE by Judge Andre Birotte Jr.: Because Judge Birotte now hears civil matters on Fridays at 10:00 a.m., the hearing in this matter, previously scheduled for August 7, 2017, has been continued to Friday, August 11, 2017, at 10:00 a.m. before Judge Andre Birotte Jr. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
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Filing 35
NOTICE TO PARTIES by District Judge Andre Birotte Jr.: Effective Monday, July 31, 2017, Judge Birotte will hear all civil matters on Fridays at 10:00 a.m. Any hearing currently on calendar for Monday, July 31st or later will be heard Friday of the same week. Hearing deadlines in scheduling orders shall be read to reflect the same. Motions filed in the month of July will adhere to the current briefing schedule, with opposition and reply briefs due on Mondays. For any motion filed July 31, 2017, or later (noticed for hearing on Friday, September 1, 2017, or later) the briefing schedule shall adhere to Local Rules 7-9 and 7-10, these deadlines each falling on a Friday in accordance with the new Friday calendar dates: 21 days prior for opposition papers and 14 days prior for reply papers. All Jury Trials will still commence on Tuesdays. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
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Filing 34
OPPOSITION to Defendants' motion re: NOTICE OF MOTION AND MOTION to File Motion for Summary Judgment #31 filed by Plaintiff Sevag Chalian. (Kizirian, Armand)
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Filing 33
ORDER RE: JOINT STIPULATION TO EXTEND THE DEADLINE TO AMEND THE PLEADINGS #32 by Judge Andre Birotte Jr. Having reviewed the Joint Stipulation to Extend the Deadline to Amend the Pleadings, and good cause appearing, the Court hereby RULES AS FOLLOWS: The deadline to amend the pleadings in this case shall be extended from July 10, 2017 to July 24, 2017. (clee)
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Filing 32
Joint STIPULATION for Extension of Time to Amend filed by Plaintiff Sevag Chalian. (Attachments: #1 Proposed Order)(Morrison, Michael)
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Filing 31
NOTICE OF MOTION AND MOTION to File Motion for Summary Judgment filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. Motion set for hearing on 8/7/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order) (Signs, Christiana)
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Filing 30
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Notice (Other) #29 . **** NOTE CHANGES MADE BY THE COURT. **** SEE ORDER FOR DETAILS. ***** (mp)
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Filing 29
NOTICE and Request to Enter [Proposed] Stipulated Protective Order filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. (Attachments: #1 Proposed Stipulated Protective Order)(Signs, Christiana)
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Filing 28
ORDER by Judge Andre Birotte Jr: Granting Application of Non-Resident Attorney Christiana L. Signs to Appear Pro Hac Vice on behalf of Defendant CVS Pharmacy, Inc.; CVS RX Services, Inc.; Garfield Beach CVS, LLC, designating Roger L Scott as local counsel #27 . (iv)
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Filing 27
APPLICATION of Non-Resident Attorney Christiana L. Signs to Appear Pro Hac Vice on behalf of Defendants CVS Pharmacy, Inc, CVS RX Services, Inc (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19851686) filed by Defendants CVS Pharmacy, Inc, C VS RX Services, Inc. (Attachments: #1 Index to Attachments/Exhibits, #2 PA Certificate of Good Standing, #3 NJ Certificate of Good Standing, #4 MI Certificate of Good Standing, #5 Exhibit A Parties Represented, #6 Exhibit B Court Admissions, #7 Proposed Order) (Scott, Roger)
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Filing 26
ORDER/REFERRAL to ADR Procedure No 3 by Judge Andre Birotte Jr. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 11/27/2018. For ADR Procedure Nos. 1 and 3, counsel are responsible for contacting the judge or private mediator at the appropriate time to arrange for further proceedings. (clee)
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Filing 25
REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Plaintiff Sevag Chalian(Kizirian, Armand)
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Filing 24
MINUTES (IN CHAMBERS) ORDER DENYING PLAINTIFF'S MOTION FOR REMAND by Judge Andre Birotte Jr. Before this Court is Sevag Chalian's Motion for Remand #10 . Having considered the parties' submissions, the Court hereby DENIES Plaintiff's motion. (iv)
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Filing 23
ORDER/REFERRAL to ADR Procedure No 2 by Judge Andre Birotte Jr. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 11/27/2018. (iv)
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Filing 22
ORDER RE JURY TRIAL by Judge Andre Birotte Jr. Final Pretrial Conference set for 1/28/2019 at 11:00 AM before Judge Andre Birotte Jr. Jury Trial set for 2/26/2019 at 8:30 AM before Judge Andre Birotte Jr.SEE ORDER FOR DETAILS. (iv)
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Filing 21
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the March 27, 2017 Scheduling Conference. Order re Jury Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iv) TEXT ONLY ENTRY
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Filing 20
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Plaintiff Sevag Chalian.. (Alexander, J)
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Filing 19
ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney James N. Boudreau to Appear Pro Hac Vice on behalf of Defendants CVS Pharmacy, Inc., CVS RX Services, and Garfield Beach CVS, LLC, designating Roger L. Scott as local counsel #15 , #17 . (gk)
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Filing 18
(IN CHAMBERS) ORDER TAKING PLAINTIFFS MOTION TO REMAND CASE #10 UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on February 27, 2017, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iv) TEXT ONLY ENTRY
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Filing 17
APPLICATION of Non-Resident Attorney James N. Boudreau to Appear Pro Hac Vice on behalf of Defendants CVS Pharmacy, Inc, CVS RX Services, Inc (Pro Hac Vice Fee - $325.00 Previously Paid on 2/21/2017, Receipt No. 0973-19394198) filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc. (Attachments: #1 Index to Attachments/Exhibits, #2 Attachment PA Certificate of Good Standing, pages 5-7, #3 Attachment MA Certificate of Good Standing, page 8, #4 Exhibit A, Parties Represented, page 9, #5 Exhibit B, Admissions, pages 10-11, #6 Proposed Order) (Scott, Roger)
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Filing 16
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney James N. Boudreau to Appear Pro Hac Vice on behalf of Defendants CVS Pharmacy, Inc, CVS RX Services, Inc (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19394198) #15 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. (lt)
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Filing 15
APPLICATION of Non-Resident Attorney James N. Boudreau to Appear Pro Hac Vice on behalf of Defendants CVS Pharmacy, Inc, CVS RX Services, Inc (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19394198) filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc. (Attachments: #1 Table of Attachments/Exhibits, #2 Attachment, pages 5-7, #3 Attachment, page 8, #4 Exhibit A, page 9, #5 Exhibit B, pages 10-11, #6 Proposed Order) (Scott, Roger)
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Filing 14
REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #10 filed by Plaintiff Sevag Chalian. (Kizirian, Armand)
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Filing 13
REPLY Opposition NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #10 filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc. (Attachments: #1 Request for Judicial Notice, #2 Exhibit Index to Opposition Exhibits, #3 Exhibit 1 - Meneses Complaint, #4 Exhibit 2 - Connell Complaint, #5 Exhibit 3 - Paksy Complaint, #6 Exhibit 4 - Bystrom Complaint, #7 Exhibit 5 - Sharobiem Complaint, #8 Exhibit 6 - Uppal Complaint, #9 Exhibit 7 - Stark Complaint, #10 Exhibit 8 - Ibrahim Complaint, #11 Exhibit 9 - Heiati Complaint, #12 Exhibit 10 - Schwartz Complaint, #13 Exhibit 11 - Woods Complaint, #14 Exhibit 12 - Costello Complaint, #15 Exhibit 13 - St. Pierre v. CVS Pharmacy, Inc., et al., #16 Exhibit 14 - Marshen v. CVS Pharmacy, Inc., et al., #17 Declaration Declaration of Howard Kobey in Support of Defendants' Opposition to Plaintiff's Motion to Remand, #18 Index to Declaration Exhibits, #19 Exhibit A - Employee Profile, #20 Exhibit B - W-2 Wage and Tax Statements, #21 Exhibit C - Training Transcript, #22 Exhibit D - Meneses Settlement Check, #23 Exhibit E - Meneses Notice, #24 Exhibit F - Connell Claim Form, #25 Exhibit G - Connell Settlement Check, #26 Exhibit H - Stark Settlement Check, #27 Exhibit I - Letter from Mr. Chalian)(Scott, Roger)
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Filing 12
ORDER GRANTING STIPULATION TO CONTINUE MOTION TO REMAND HEARING DATE AND SET ALTERNATIVE BRIEFING SCHEDULE FOR MOTION FOR CLASS CERTIFICATION by Judge Andre Birotte Jr.: Upon Stipulation #11 , Plaintiff's Motion to Remand #10 is continued to 2/27/2017 at 10:00 AM before Judge Andre Birotte Jr. All opposition and reply papers must be filed based upon the new hearing date of 2/27/2017. In addition, the Court finds that good cause exists to set the following briefing schedule and hearing date for Plaintiff's Motion for Class Certification: Class Certification Motion Filing Deadline 10/13/2017; Class Certification Opposition due 12/15/2017; Class Certification Reply due 1/19/2018; Class Certification Hearing set for 2/5/2018 at 10:00 AM. (gk)
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Filing 11
Joint STIPULATION to Continue Remand Motion Hearing, (and Separately Set Class Certification Briefing), from 2/6/2017 at 10:00 a.m. to 2/20/2017 at 10:00 a.m. Re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #10 filed by Plaintiff Sevag Chalian. (Attachments: #1 Proposed Order)(Kizirian, Armand)
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Filing 10
NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Sevag Chalian. Motion set for hearing on 2/6/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Michael H. Boyamian, #2 Request for Judicial Notice, #3 Proposed Order) (Kizirian, Armand)
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Filing 9
NOTICE of Interested Parties filed by Plaintiff Sevag Chalian, (Kizirian, Armand)
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Filing 8
NOTICE of Association of Counsel associating attorney Michael S. Morrison of Alexander Krakow + Glick LLP on behalf of Plaintiff Sevag Chalian. Filed by Plaintiff Sevag Chalian (Kizirian, Armand)
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Filing 7
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 3/27/2017 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
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Filing 5
NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Alicia G. Rosenberg. (et)
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Filing 4
CORPORATE DISCLOSURE STATEMENT Fed. R. Civ. P. 7.1 filed by Defendants CVS Pharmacy, Inc., a Rhode Island corporation, CVS RX Services, Inc., a New York Corporation (Attachments: #1 Proof of Service)(Scott, Roger)
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Filing 3
CERTIFICATE of Interested Parties filed by Defendants All Defendants, identifying Sevag Chalian, Plaintiff; CVS Pharmacy, Inc., CVS, RX Services, Inc., Garfield Beach CVS, LLC, Defendants; Law Offices of Thomas W. Falvey, Attorneys for Plaintiff; Greenberg Traurig, LLP, Attorneys for Defendants. (Attachments: #1 Proof of Service)(Attorney Roger L Scott added to party Garfield Beach CVS, LLC(pty:dft))(Scott, Roger)
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Filing 2
CIVIL COVER SHEET filed by Defendants CVS Pharmacy, Inc., a Rhode Island corporation, CVS RX Services, Inc., a New York Corporation. (Attachments: #1 Proof of Service)(Scott, Roger)
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Filing 1
NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC 627757 Receipt No: 0973-18995505 - Fee: $400, filed by Defendants CVS RX Services, Inc., a New York Corporation, CVS Pharmacy, Inc., a Rhode Island corporation. (Attachments: #1 Exhibit A Class Action Complaint, #2 Exhibit B Superior Court Case File, #3 Proof of Service) (Attorney Roger L Scott added to party CVS Pharmacy, Inc., a Rhode Island corporation(pty:dft), Attorney Roger L Scott added to party CVS RX Services, Inc., a New York Corporation(pty:dft))(Scott, Roger)
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CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery), filed by Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Garfield Beach CVS, LLC. [FILED IN STATE COURT ON 9/7/2016 SUBMITTED ATTACHED TO EXHIBIT B TO NOTICE OF REMOVAL AS ATTACHMENT #2](et)
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CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants CVS Pharmacy, Inc, CVS RX Services, Inc, Does 1 thru 100, inclusive, Garfield Beach CVS, LLC. Jury Demanded., filed by Plaintiff Sevag Chalian. [FILED IN STATE COURT ON 7/20/2016 SUBMITTED ATTACHED TO EXHIBIT A TO NOTICE OF REMOVAL AS ATTACHMENT #1] (et)
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