Jorge Perez v. Performance Food Group, Inc. et al
| Jorge Perez |
| Performance Food Group, Inc and DOES 1-10 |
| Jorge Perez, - |
| Performance Food Group Inc, Vistar Transportation, LLC and Roma Food Enterprises, Inc. |
| Performance Food Group, Inc. |
| 2:2017cv00357 |
| January 17, 2017 |
| US District Court for the Central District of California |
| Steve Kim |
| John A Kronstadt |
| Labor: Fair Standards |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 1, 2021. A more recent docket listing may be available from PACER.
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| Filing 206 JOINT REPORT of DISBURSEMENT filed by Petitioner Jorge Perez. (Setareh, Chaim) |
| Filing 205 JUDGMENT by Judge John A. Kronstadt. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: The Settlement Agreement entered by the parties is approved. (SEE JUDGMENT FOR FURTHER SPECIFICS). (7) The proposed service award of $5,000 is fair reasonable and adequate,and shall be paid to Jorge Perez from the Settlement Fund. (8) Class Counsel is awarded attorney's fees of $258,333.33, which shall be paid out of the Settlement Fund. (10) Class Counsel shall be reimbursed for their litigation costs of $30,390.57, which shall be paid from the Settlement Fund. (11) The Settlement Administrator, Simpluris, Inc., is awarded settlement administration expenses in the amount of $9,000, which shall be paid from the Settlement Fund. (12) This action is dismissed with prejudice. (jp) |
| Filing 204 NOTICE OF LODGING filed [Proposed] Order and Judgment Granting Final Approval of Class Action Settlement and Award of Attorney Fees and Expenses, Settlement Administrator Expenses, and Class Representative Service Award re Order on Motion for Attorney Fees,,,,, Order on Motion for Settlement,,,, #203 (Attachments: #1 Exhibit A)(Setareh, Chaim) |
Filing 203
(IN CHAMBERS) ORDER RE MOTION FOR AN AWARD OF (1) ATTORNEY'S FEES TO CLASS COUNSEL, AND (2) ENHANCEMENT TO PLAINTIFF (DKT. #198 ); MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT (DKT. #200 ); JS-6: CASE TERMINATED by Judge John A. Kronstadt: The Final Approval Motion is GRANTED, and the Attorney's Fees Motion is GRANTED, under the terms stated in this Order. Judgment shall be entered dismissing the action with prejudice; provided, however, that the Court shall retain jurisdiction with respect to any issues that arise as to the disbursement of unclaimed settlement funds and related matters. Counsel shall lodge a proposed final judgment in Word format on or before 10 days after the issuance of this Order. On or before 10/1/2021, the parties shall submit a joint report setting forth their collective and/or respective views as to whether any issues relating to the disbursement of settlement funds remain, and, if so, a proposed method and schedule for their resolution. (MD JS-6. Case Terminated.) (See Civil Minutes for further specifics). (jp)
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| Filing 202 NOTICE filed by Plaintiff Jorge Perez. Request for Decision on Final Approval Motion (Setareh, Chaim) |
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Filing 201
(IN CHAMBERS) ORDER PURSUANT TO CONTINUITY OF OPERATIONS PLAN by Judge John A. Kronstadt. Pursuant to the Continuity of Operations ("COOP") Plan for the Central District of California, effective March 23, 2020 through and including May 1, 2020, no hearings in civil cases will go forward except for time-sensitive emergency matters, in which hearings will be conducted telephonically. See Order of the Chief Judge 20-042, available at www.cacd.uscourts.gov. Accordingly, all motions, status conferences and Rule 16(b)/26(f) Scheduling Conferences presently calendared between March 23, 2020 and May 1, 2020 are, or upon the completion of the briefing will be, taken under submission with all scheduled hearings taken off calendar. Pursuant to Local Rule 7.15, all motions will be decided without oral argument; provided, however the Court may order supplemental briefing. All current deadlines for the briefing of motions and the filing of status reports and Rule 16(b)/26(f) Scheduling Conference reports remain in place. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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| Filing 200 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiff Jorge Perez. Motion set for hearing on 4/20/2020 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Norman Alcantara Regarding Notice and Settlement Administration, #2 Proposed Order and Judgment Granting Final Approval of Class Action Settlement; Award of Attorney Fees and Expenses, Settlement Administrator Expenses, and Class Representative Service Award) (Setareh, Chaim) |
| Filing 199 DECLARATION of Shaun Setareh in support of NOTICE OF MOTION AND MOTION for Attorney Fees to Class Counsel, And (2) Enhancement to Plaintiff; Memorandum of Points and Authorities in Support Thereof #198 filed by Petitioner Jorge Perez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Setareh, Chaim) |
| Filing 198 NOTICE OF MOTION AND MOTION for Attorney Fees to Class Counsel, And (2) Enhancement to Plaintiff; Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Jorge Perez. Motion set for hearing on 4/20/2020 at 08:30 AM before Judge John A. Kronstadt. (Setareh, Chaim) |
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Filing 197
ORDER Re Joint Stipulation to Continue Settlement Implementation Schedule (Dkt. #195 ) by Judge John A. Kronstadt, the Stipulation is GRANTED and the implementation schedule for final approval of the preliminarily approved class action is amended as follows: Deadline for the Settlement Administrator to mail Notice to Class Members: 1/10/2020. Filing of motion for fee award: 2/10/2020. Class Members' deadline to opt-out of or object to the Settlement: 2/24/2020. Filing of motion for final approval: 3/23/2020. Hearing on motion for final approval: 4/20/2020 at 8:30 AM. (jp)
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| Filing 196 DECLARATION of Shaun Setareh re Text Only Scheduling Notice,,, 194 filed by Petitioner Jorge Perez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Setareh, Chaim) |
| Filing 195 Joint STIPULATION to Continue SETTLEMENT IMPLEMENTATION SCHEDULE filed by Plaintiff Jorge Perez. (Attachments: #1 Proposed Order Proposed Order Granting Joint Stipulation to Continue Settlement Implementation Schedule)(Setareh, Chaim) |
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Filing 194
(IN CHAMBERS) ORDER DIRECTING COUNSEL TO ADHERE TO COURT'S ORDER AND FILE MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT (DKT. #185 ) by Judge John A. Kronstadt: On September 4, 2019, the Court set the hearing on the final approval of the class action settlement for February 3, 2020. The parties were ordered to file the motion no later than December 30, 2019. The motion has not been filed. Counsel shall file the motion no later than January 6, 2020 consistent with the Court's Order. The hearing will remain scheduled for February 3, 2020 at 8:30 am. Counsel are reminded to adhere to the deadlines set by the Court. A failure to file the motion will result in the imposition of sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 193
PROTECTIVE ORDER by Magistrate Judge Steve Kim re Stipulation for Protective Order #192 . (see document for details) (hr)
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| Filing 192 STIPULATION for Protective Order filed by Plaintiff Jorge Perez.(Setareh, Chaim) |
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Filing 191
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Magistrate Judge Steve Kim. The following document is STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Stipulation for Protective Order #190 , for the following reasons: Judge Kronstadt refers all discovery matters to the assigned Magistrate Judge. The parties are to re-file the stipulation for protective order in compliance with Judge Kim's procedures. Please refer to: http://www.cacd.uscourts.gov/honorable-steve-kim (hr)
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| Filing 190 **STRICKEN PER ORDER, DOCKET NO. #191 ** STIPULATION for Protective Order filed by Plaintiff Jorge Perez.(Setareh, Chaim) Modified on 10/30/2019 (hr). |
| Filing 189 NOTICE filed by Defendans/Counterclaimants Performance Food Group, Inc.. Notice of proposed Class Action Settlement Pursuant to Class Action Fairness Act, 28 U.S.C. 1715 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Kane, Matthew) |
| Filing 188 FOURTH AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition, #73 , filed by Plaintiff Jorge Perez(Setareh, Chaim) [For settlement purposes per Dkt. #185 ] Modified on 9/16/2019 (ake). |
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Filing 187
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge John A. Kronstadt: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Amended Complaint/Petition #186 , for the following reasons: The Fourth Amended Complaint lists Roma Food Enterprises, Inc. ("Roma") as a party. Counsel shall file an Amended Fourth Amended Complaint with Roma removed from the document no later than September 16, 2019. (lom)
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| Filing 186 STRICKEN, see docket entry no. 187 - FOURTH AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition, #73 , filed by Plaintiff Jorge Perez(Setareh, Chaim) Modified on 9/13/2019 (lom). |
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Filing 185
(IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT (DKT. 176) by Judge John A. Kronstadt. For the reasons stated in this Order, the Motion is GRANTED, subject to the changes that were made following the hearing to the Settlement Agreement and the Notice, which include an increase in the PAGA allocation from $10,000 to $25,000. Accordingly, it is hereby ordered that: (i) The Settlement Class is certified for settlement purposes only; (ii) The terms of the Settlement Agreement are preliminarily approved; (iii) Perez is appointed as the Class Representative for the Settlement Class, and an incentive award of $5,000 to him is preliminarily approved; (iv) Shaun Setareh and Thomas Segal of Setareh Law Group are appointed as Class Counsel for the Settlement Class. Their request for a fee award of 33.33% of the Gross Settlement Fund, plus reimbursement of actual litigation costs up to a maximum of $150,000, will be reviewed de novo in connection with final approval based on a consideration of all information provided at that time; (v) The form and content of the proposed Class Notice are approved; (vi) The notice procedures set forth in the Settlement Agreement are approved, and notice shall be given to Class members in the manner set forth in the Settlement Agreement; (vii) Simpluris Inc. is appointed as the Claims Administrator; (viii) On or before seven days from the issuance of this Order, Plaintiff shall file as the 4AC for settlement purposes only the document submitted as the proposed 4AC; provided, however, Plaintiff shall correct the headings for the second and fourth causes of action in the 4AC, which are currently mis-labeled as "First" and "Second" respectively; (ix) On or before 10 days from the issuance of this Order, notice of the settlement shall be served on the appropriate federal and state government officials as required under CAFA, 28 U.S.C. 1715; and (x) The hearing on the final approval of the class action settlement is set for February 3, 2020 at 8:30 a.m., with the motion(s) seeking final approval of the settlement and the fee award to be filed no later than December 30, 2019. In support of the final approval motion, Plaintiffs shall file an updated summary of the fees and costs incurred and shall also provide a courtesy copy to the Court's Chambers email address. (lom)
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Filing 184
(IN CHAMBERS) ORDER RE NOTICE OF AMENDED STANDING ORDER by Judge John A. Kronstadt: Counsel are advised that on March 25, 2019, the Court amended its Consolidated Standing Order. Counsel shall refer to this Court's Procedures and Schedules found on the website for the United States District Court (http://www.cacd.uscourts.gov/honorable-john-kronstadt) to obtain a copy of the Order. The March 25, 2019 version of the Consolidated Standing Order is effective in this action immediately. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY
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| Filing 183 SUPPLEMENT to for Order #176 Brief iso Motion for Preliminary Approval of Class Action Settlement filed by Petitioner Jorge Perez. (Attachments: #1 Declaration (Second Supplemental) iso Mtn. for Preliminary Approval of Class Action Settlement, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Setareh, Chaim) |
| Filing 182 MINUTES OF Motion Hearing held before Judge John A. Kronstadt: PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT (DKT. #176 ). Upon receipt of the supplemental brief, the Motion will be taken UNDER SUBMISSION and a ruling will be issued. Counsel return the tentative ruling to the Clerk. Court Reporter: Alex Joko. (twdb) |
| Filing 181 SUPPLEMENT Declaration of Shaun Setareh in Support of Motion for Preliminary Approval of Class Action Settlement filed by Petitioner Jorge Perez. (Attachments: #1 Exhibit 1)(Setareh, Chaim) |
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Filing 180
(IN CHAMBERS) ORDER DIRECTING COUNSEL TO FILE EVIDENCE OF LITIGATION COSTS IN SUPPORT OF PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT (DKT. #176 ) by Judge John A. Kronstadt: The Motion requests preliminary approval to allocate up to $50,000 of the class action settlement toward litigation costs. On or before January 23, 2019, Plaintiff shall submit a declaration and accompanying evidence regarding the costs incurred in this litigation that support this request. The submission shall include a table that lists the costs by category with subtotals and a grand total. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc4, ) TEXT ONLY ENTRY
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Filing 179
(IN CHAMBERS) ORDER DIRECTING COUNSEL TO COMPLY WITH COURT'S STANDING ORDER BY SUBMITTING EXCEL SPREADSHEET RE PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT (DKT. #176 ) by Judge John A. Kronstadt: The Court has not received Plaintiff's courtesy copy with respect to the Motion pursuant to 10(e) and Ex. G of the Court's Standing Orders. On or before January 15, 2019, counsel shall email to the Court's chambers email (jak_chambers@cacd.uscourts.gov) an editable, electronic copy of the table included in the Motion, which shall be formatted for use with Microsoft Excel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc4, ) TEXT ONLY ENTRY
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| Filing 178 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other), #176 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is Motions & Related Filings: Applications/Ex Parte Applications/Motions/Petitions.. 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. (bp) |
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Filing 177
ORDER RE JOINT STIPULATION TO CONTINUE NOVEMBER 30, 2018 DEADLINE TO FILE MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT TO DECEMBER 3, 2018 (DKT. #175 ) by Judge John A. Kronstadt: The Stipulation is GRANTED. Plaintiff's motion for preliminary approval of the parties proposed class action settlement shall be filed no later than December 3, 2018. Any request for attorneys' fees and/or costs shall be prepared in accordance with this Court's Standing Order. The hearing remains scheduled for January 28, 2019. (ake)
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| Filing 176 NOTICE of Motion & Motion for Prelim Approval of Class Action Settlement filed by Plaintiff Jorge Perez. (Attachments: #1 Declaration of Shaun Setareh, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Proposed Order Proposed Order for Approving Class Action Settlement)(Setareh, Chaim) Modified on 1/14/2019 (bp). |
| Filing 175 Joint STIPULATION to Continue Deadline to File Motion for Preliminary Approval from November 30, 2018 to December 3, 2018 filed by Defendant Performance Food Group Inc, Performance Food Group, Inc., Vistar Transportation, LLC, Vistar Transportation, LLC. (Attachments: #1 Proposed Order)(Kim, Sylvia) |
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Filing 174
ORDER RE JOINT STIPULATION TO CONTINUE SCHEDULED DATES AND DEADLINES (DKT. #173 ) by Judge John A. Kronstadt: Plaintiff's motion for preliminary approval of the parties proposed class action settlement shall be filed no later than November 30, 2018, which shall still be set for hearing on January 28, 2019. Any request for attorneys' fees and/or costs shall be prepared in accordance with this Court's Standing Order. (ake)
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| Filing 173 STIPULATION to Continue Scheduled Dates and Deadlines filed by Plaintiff Jorge Perez, Jorge Perez. (Attachments: #1 Proposed Order Granting Joint Stipulation to Continue Scheduled Dates and Deadlines)(Setareh, Chaim) |
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Filing 172
ORDER RE JOINT STIPULATION TO CONTINUE SCHEDULED DATES AND DEADLINES by Judge John A. Kronstadt, re Stipulation to Continue #171 . The Stipulation is GRANTED. Plaintiff's motion for preliminary approval of the parties' proposed class action settlement shall be filed no later than November 15, 2018, and shall be set for hearing on January 28, 2018 at 8:30 a.m. (bp)
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| Filing 171 Joint STIPULATION to Continue Scheduled Dates and Deadlines filed by Defendant Performance Food Group Inc. (Attachments: #1 Proposed Warrant)(Kim, Sylvia) |
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Filing 170
ORDER RE: JOINT NOTICE OF SETTLEMENT AND REQUEST REGARDING SCHEDULED DATES AND DEADLINES by Judge John A. Kronstadt, re Notice of Settlement #169 . The August 13, 2018 Post Mediation Status Conference, Plaintiff's Motion for Class Certification (DKT. 157), April 8, 2019 Final Pretrial Conference, April 23, 2019 Jury Trial, and all remaining deadlines in this action are VACATED. Plaintiff's motion for preliminary approval of the parties' proposed class action settlement shall be filed no later than October 1, 2018. (bp)
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| Filing 169 NOTICE of Settlement and Request Regarding Scheduled Dates and Deadlines filed by Defendant Performance Food Group Inc, Vistar Transportation, LLC. (Attachments: #1 Proposed Order)(Kim, Sylvia) |
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Filing 168
(IN CHAMBERS) ORDER RE STAY by Judge John A. Kronstadt: All proceedings in this action were stayed on March 1, 2018, and the parties were ordered to file a joint report on or before August 1, 2018 regarding the stay (Dkt. #166 ). No such report has been filed. On or before August 6, 2018, the parties shall file a joint report setting forth their collective and/or respective positions as to further proceedings in this matter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc3, ) TEXT ONLY ENTRY
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| Filing 167 NOTICE TO PARTIES by U.S. Magistrate Judge Steve Kim. Effective, April 12, 2018, Judge Kim will be located at the Roybal Federal Building and U.S. Courthouse, COURTROOM 540 on the 5th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 540 of the Roybal Federal Building and U.S. Courthouse, and all mandatory chambers copies shall be delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building and U.S. Courthouse. Magistrate Judge Kim's Courtroom Deputy Clerk, Connie Lee, may be reached at (213) 894-4436. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
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Filing 166
ORDER RE JOINT STIPULATION TO STAY ACTION PENDING GLOBAL MEDIATION WITH RELATED CASE AND CONTINUE SCHEDULED DATES AND DEADLINES TO FACILITATE MEDIATION by Judge John A. Kronstadt, #165 . The Stipulation is GRANTED IN PART. All proceedings in this action are STAYED pending the completion of the global mediation of this action and the Perez II action, which is scheduled for July 26, 2018, and this matter is placed on the inactive calendar of the Court, except as to the deadlines set forth in this Order. This stay will remain in place up through and including August 1, 2018 or until further order from this Court. Defendants shall, consistent with the deadlines set forth in this Order, file its Forthcoming Motions only after the stay is lifted. Notwithstanding the stay, the parties shall file a joint report on or before August 1, 2018 stating their collective and/or respective positions as to further proceedings in this matter. The scheduled dates and deadlines in this action shall be and hereby are CONTINUED as follows in order to facilitate the global mediation: Discovery cut-off 10/15/2018., Motions due by 12/3/2018. Motion set for Class Certification hearing on 10/15/2018 at 08:30 AM. Final Pretrial Conference set for 4/8/2019 at 03:00 PM and Jury Trial set for 4/23/2019 at 09:00 AM. Refer to the Court's order for details. (pso)
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| Filing 165 STIPULATION to Stay Case pending Global Mediation With Related Case And Continue Scheduled Dates And Deadlines To Facilitate Mediation filed by Defendant Performance Food Group Inc, Vistar Transportation, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew) |
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Filing 164
ORDER RE DEFENDANT PERFORMANCE FOOD GROUP, INC.'S AND VISTAR TRANSPORTATION, LLC'S EX PARTE APPLICATION TO (A) CONTINUE BRIEFING AND HEARING SCHEDULE ON PLAINTIFFS MOTION FOR CLASS CERTIFICATION AND (B) REQUIRE PLAINTIFF TO APPEAR FOR DEPOSITION by Judge John A. Kronstadt #158 . IT IS HEREBY ORDERED that the Application is GRANTED. The briefing and hearing schedule on Plaintiff's MCC shall be continued and Plaintiff shall appear for his deposition, as follows: Hearing on Motion for Class Certification and Post Mediation Status Conference continued to April 9, 2018 at 8:30 a.m. REFER TO THE COURT'S ORDER FOR DETAILS. (pso)
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| Filing 163 EVIDENTIARY OBJECTIONS TO DECLARATION OF THOMAS SEGAL in Opposition to re: NOTICE OF MOTION AND MOTION to Certify Class #157 filed by Respondents Performance Food Group Inc, Vistar Transportation, LLC, Counter Claimants Performance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) |
| Filing 162 EVIDENTIARY OBJECTIONS TO DECLARATION OF SHAUN SETAREH in Opposition to re: NOTICE OF MOTION AND MOTION to Certify Class #157 filed by Respondents Performance Food Group Inc, Vistar Transportation, LLC, Counter Claimants Performance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) |
| Filing 161 EVIDENTIARY OBJECTIONS TO DECLARATION OF JORGE PEREZ in opposition to re: NOTICE OF MOTION AND MOTION to Certify Class #157 filed by Respondents Performance Food Group Inc, Vistar Transportation, LLC, Counter Claimants Performance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) |
| Filing 160 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class #157 filed by Respondents Performance Food Group Inc, Vistar Transportation, LLC, Counter Claimants Performance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) |
| Filing 159 Objection Opposition re: EX PARTE APPLICATION to Continue (A) CONTINUE BRIEFING AND HEARING SCHEDULE ON PLAINTIFFS MOTION FOR CLASS CERTIFICATION AND (B) REQUIRE PLAINTIFF TO APPEAR FOR DEPOSITION Re: NOTICE OF MOTION AND MOTION to Certify Class #157 #158 filed by Petitioner Jorge Perez. (Attachments: #1 Declaration Declaration of T Segal, #2 Exhibit one, #3 Exhibit Two, #4 Exhibit Three, #5 Exhibit Four, #6 Exhibit Five, #7 Exhibit Six, #8 Exhibit Seven, #9 Exhibit Eight)(Setareh, Chaim) |
| Filing 158 EX PARTE APPLICATION to Continue (A) CONTINUE BRIEFING AND HEARING SCHEDULE ON PLAINTIFFS MOTION FOR CLASS CERTIFICATION AND (B) REQUIRE PLAINTIFF TO APPEAR FOR DEPOSITION Re: NOTICE OF MOTION AND MOTION to Certify Class #157 filed by Defendants Performance Food Group Inc, Performance Food Group, Inc., Vistar Transportation, LLC, Vistar Transportation, LLC. (Attachments: #1 Proposed Order) (Kim, Sylvia) |
| Filing 157 NOTICE OF MOTION AND MOTION to Certify Class filed by PLAINTIFF Jorge Perez. Motion set for hearing on 2/26/2018 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration Of Jorge Perez, #2 Exhibit ot Declaration of J. Perez, #3 Declaration of Shaun Setareh, #4 Declaration of Thomas Segal, #5 Exhibit Request for Judicial Notice, #6 Exhibit to Request for Judicial Notice, #7 Proposed Order Proposed Order, #8 Proposed Order Proposed order RJN) (Setareh, Chaim) |
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Filing 156
(IN CHAMBERS) ORDER CONTINUING POST MEDIATION STATUS CONFERENCE by Judge John A. Kronstadt: The Court has reviewed the parties' Joint Report Regarding Settlement. Dkt. #155 . The Court continues the Post Mediation Status Conference from January 5, 2018 to February 26, 2018 at 8:30 a.m. Counsel shall file an updated report no later than February 16, 2018. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 155 JOINT REPORT REGARDING STATUS OF SETTLEMENT REPORT filed by Petitioner Jorge Perez. (Setareh, Chaim) |
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Filing 154
(IN CHAMBERS) ORDER RE DEFENDANTS PERFORMANCE FOOD GROUP, INC.'S AND VISTAR TRANSPORTATION, LLC'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT by Judge John A. Kronstadt #99 . The Motion is GRANTED IN PART and DENIED IN PART as to the seventh cause of action. It is GRANTED to the extent that it is derivative of Plaintiff's second meal break claims and Plaintiff's vacation pay claims based on the California Holiday Policy. It is DENIED as to all other bases for the seventh cause of action. Refer to the Court's order for details. (pso)
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Filing 153
ORDER RULING ON PLAINTIFF'S EVIDENTIARY OBJECTIONS TO THE DECLARATION OF KIRK KOENIG [DKT. 99-1] by Judge John A. Kronstadt #99 . Refer to the Court's order for details. (pso)
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Filing 152
ORDER RULING ON DEFENDANTS PERFORMANCE FOOD GROUP, INC.'S AND VISTAR TRANSPORTATION, LLC'S EVIDENTIARY OBJECTIONS TO DECLARATION OF JAMES TONEY IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT [DKT. 127-10] by Judge John A. Kronstadt, #127 . Refer to the Court's order for details. (pso)
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Filing 151
ORDER RULING ON PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF MO AMANI by Judge John A. Kronstadt, #99 . Refer to the Court's order for details. (pso)
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Filing 150
ORDER RULING ON DEFENDANTS PERFORMANCE FOOD GROUP, INC.'S AND VISTAR TRANSPORTATION, LLCS EVIDENTIARY OBJECTIONS TO DECLARATION OF THOMAS SEGAL IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT [DKT. 127-2] by Judge John A. Kronstadt, #127 . Refer to the Court's order for details. (pso)
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Filing 149
ORDER RULING ON DEFENDANTS PERFORMANCE FOOD GROUP, INC.'S AND VISTAR TRANSPORTATION, LLCS EVIDENTIARY OBJECTIONS TO DECLARATION OF JORGE PEREZ IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT [DKT. 127-5] by Judge John A. Kronstadt, #127 . Refer to the Court's order for details. (pso)
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| Filing 148 MINUTES OF DEFENDANTS PERFORMANCE FOOD GROUP, INC.'S AND VISTAR TRANSPORTATION, LLC'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT (DKT. #99 ) held before Judge John A. Kronstadt: The Court takes the motion UNDER SUBMISSION and a ruling will be issued. Court Reporter: Alex Joko. (ah) |
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Filing 147
ORDER RE JOINT STIPULATION TO CONTINUE: (1) POST MEDIATION STATUS CONFERENCE AND RELATED DEADLINES (2) BRIEFING AND HEARING SCHEDULE ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION by Judge John A. Kronstadt, #145 . 1. The Stipulation is GRANTED. 2. The Post Mediation Status Conference is continued from November 20, 2017 to January 8, 2018 at 1:30 p.m. If a settlement is reached, counsel shall file a notice of settlement by December 29, 2017. 3. Plaintiff shall file any Motion for Class Certification on or before January 8, 2018. The hearing on the motion will be held on February 26, 2018 at 8:30 a.m. REFER TO THE DOCUMENT FOR DETAILS. NOTE: CHANGES MADE BY THE COURT. (pso)
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Filing 146
MINUTE ORDER (IN CHAMBERS) DENYING PLAINTIFF'S MOTION TO COMPEL AND STIPULATION TO CONTINUE BRIEFING AND HEARING ON MOTION TO COMPEL by Magistrate Judge Steve Kim. Plaintiff's motion to compel supplemental discovery responses and production of documents (ECF Nos. #93 , #94 ) is no longer ripe for adjudication. THEREFORE, the motion to compel is DENIED WITHOUT PREJUDICE. The motion may be renewed and a joint stipulation refiled in compliance with the Local rules and consistent with the District Court's Scheduling Order if and when a ripe discovery dispute arises. The parties' stipulation to continue briefing and hearing on the motion to compel (ECF No. #144 ) is DENIED AS MOOT. The hearing on the motion to compel set for October 11, 2017 at 10:00 AM is VACATED. (mkr)
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| Filing 145 Joint STIPULATION to Continue (1) Post Mediation Settlement Conference and Related Deadlines; and (2) Briefing and Hearing Schedule on Plaintiff's Motion for Class Certification Re: Scheduling Conference, #68 filed by Defendants/Counterclaimants Performance Food Group Inc, Performance Food Group, Inc., Vistar Transportation, LLC, Vistar Transportation, LLC. (Attachments: #1 Proposed Order)(Kim, Sylvia) |
| Filing 144 Joint REQUEST to Extend Time to Further Continue Briefing and Hearing on Plaintiff's Motion to Compel Supplemental Discovery Responses and Production of Documents [Dkt. #93, Dkt. #94] filed by Defendants/Counterclaimants Performance Food Group Inc, Performance Food Group, Inc., Vistar Transportation, LLC, Vistar Transportation, LLC. (Attachments: #1 Proposed Order)(Kim, Sylvia) |
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Filing 143
(IN CHAMBERS) ORDER RE DEFENDANTS' MOTION TO DISMISS AND/OR STRIKE PLAINTIFF'S THIRD AMENDED COMPLAINT (DKT. #86 ) DEFENDANTS' MOTION FOR DETERMINATION OF NO CERTIFIABLE RULE 23 CLASSES AND/OR FLSA COLLECTIVES OR, ALTERNATIVELY, FOR JUDGMENT ON THE PLEADINGS AS TO CLASS AND COLLECTIVE ACTION ALLEGATIONS AND/OR ORDER REQUIRING AMENDMENT OF PROPOSED CLASS AND COLLECTIVE DEFINITIONS TO ELIMINATE OR MODIFY SAME (DKT. #95 ) by Judge John A. Kronstadt. For the reasons stated in this Order, the Motion to Dismiss is DENIED and the Motion to Deny Certification is GRANTED IN PART and DENIED IN PART. The Motion to Deny Certification is GRANTED as to as to the Second Meal Break Class and the Regular Rate Class Wage, as well as the corresponding Wage Statement Penalties Class, Waiting Time Penalties Class and UCL Class. The Motion to Deny Certification is DENIED as to the Vacation Pay Class as well as the corresponding Wage Statement Penalties Class, Waiting Time Penalties Class and UCL Class. The proposed "FLSA Overtime Class" is STRICKEN. REFER TO THE COURT'S ORDER FOR DETAILS. (pso)
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| Filing 142 EVIDENTIARY OBJECTIONS TO DECLARATION OF THOMAS SEGAL in Support of re: NOTICE OF MOTION AND MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment #99 filed by Respondents Performance Food Group Inc, Vistar Transportation, LLC, Counter Claimants Performance Food Group, Inc., Vistar Transportation, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew) |
| Filing 141 EVIDENTIARY OBJECTIONS TO DECLARATION OF JAMES TONEY in Support of re: NOTICE OF MOTION AND MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment #99 filed by Respondents Performance Food Group Inc, Vistar Transportation, LLC, Counter Claimants Performance Food Group, Inc., Vistar Transportation, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew) |
| Filing 140 EVIDENTIARY OBJECTIONS TO DECLARATION OF JORGE PEREZ in Support of re: NOTICE OF MOTION AND MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment #99 filed by Respondents Performance Food Group Inc, Vistar Transportation, LLC, Counter Claimants Performance Food Group, Inc., Vistar Transportation, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew) |
| Filing 139 REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment #99 filed by Respondents Performance Food Group Inc, Vistar Transportation, LLC, Counter Claimants Performance Food Group, Inc., Vistar Transportation, LLC. (Attachments: #1 Supplemental Declaration of Kirk Koenig, #2 Supplemental Declaration of Mo Amani, #3 Declaration of Matthew C. Kane, #4 Response to Plaintiff's Evidentiary Objections to Declaration of Kirk Koenig, #5 Response to Plaintiff's Evidentiary Objections to Declaration of Mo Amani, #6 Reply to Plaintiff's Response to Statement of Uncontroverted Facts)(Kane, Matthew) |
| Filing 138 MINUTES OF DEFENDANTS' MOTION TO DISMISS AND/OR STRIKE PLAINTIFF'S THIRD AMENDED COMPLAINT (DKT. #86 ); DEFENDANTS' MOTION FOR DETERMINATION OF NO CERTIFIABLE RULE 23 CLASSES AND/OR FLSA COLLECTIVES OR, ALTERNATIVELY, FOR JUDGMENT ON THE PLEADINGS AS TO CLASS AND COLLECTIVE ACTION ALLEGATIONS AND/OR ORDER REQUIRING AMENDMENT OF PROPOSED CLASS AND COLLECTIVE DEFINITIONS TO ELIMINATE OR MODIFY SAME (DKT. #95 ) held before Judge John A. Kronstadt: The Court takes the Motion and Class Motion UNDER SUBMISSION and aruling will be issued. The Court continues the Post Mediation Status Conference from November 13, 2017 to November 20, 2017 at 8:30 a.m., to be heard at the hearing on Defendants' Motion for Summary Judgment. Court Reporter: Alex Joko. (ah) |
| Filing 137 EXHIBIT Filed filed by Petitioner Jorge Perez. Exhibit 3 as to Request for Judicial Notice, #128 . (Setareh, Chaim) |
| Filing 136 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form, #134 by Judge John A. Kronstadt. The Exhibit is STRICKEN. Petitioner shall refile the Exhibit with a title/caption page pursuant to L.R. 11-3.8 no later than September 8, 2017. (ah) |
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Filing 135
ORDER RE PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE DEADLINES RELATED TO SUMMARY JUDGMENT MOTION AND CLASS CERTIFICATION MOTION #121 by Judge John A. Kronstadt: (SEE ORDER FOR SPECIFICS). (bp)
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| Filing 134 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit (non-trial) #130 . The following error(s) was/were found: Title page is missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bp) |
| Filing 133 NOTICE OF LODGING filed re Request for Judicial Notice, #128 (Attachments: #1 Proposed Order Regarding Plaintiff's Request for Judicial Notice)(Setareh, Chaim) |
| Filing 132 NOTICE OF LODGING filed re Objection/Opposition (Motion related), #125 (Attachments: #1 Proposed Order Regarding Plaintiff's Evidentiary objections to the declaration of Kirk Koenig)(Setareh, Chaim) |
| Filing 131 NOTICE OF LODGING filed re Objection/Opposition (Motion related), #126 (Attachments: #1 Proposed Order Regarding Plaintiff's Evidentiary objections to the declaration of Mo Amani)(Setareh, Chaim) |
| Filing 130 (STRICKEN PURSUANT TO DKT. #136 )EXHIBIT Filed filed by Petitioner Jorge Perez. Exhibit 3 as to Request for Judicial Notice, #128 . (Setareh, Chaim) Modified on 9/7/2017 (ah). |
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Filing 129
(IN CHAMBERS) ORDER RE PLAINTIFF'S FAILURE TO ADHERE TO COURT'S STANDING ORDER RE THE PREPARATION OF EVIDENTIARY OBJECTIONS (DKT. #125 , #126 ) by Judge John A. Kronstadt: The Court has received Plaintiff's Evidentiary Objections to the Declarations of Kirk Koenig and Mo Amani. However, the proposed orders that were lodged do not comply with the Court's Standing Orders. S.O., p. 16 (iii)(d). Plaintiffs shall re-lodge proposed orders that conform to the Standing Orders by September 1, 2017. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc3, ) TEXT ONLY ENTRY
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| Filing 128 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment #99 Request for Judicial Notice in Support of Opposition filed by Petitioner Jorge Perez. (Attachments: #1 Exhibit, #2 Exhibit)(Setareh, Chaim) |
| Filing 127 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment #99 filed by Petitioner Jorge Perez. (Attachments: #1 Appendix Statement of Genuine Disputes, #2 Affidavit Segal Declaration, #3 Exhibit Segal Declaration Exh. 1, #4 Exhibit Segal Declaration Exh. 2, #5 Affidavit Perez Declaration, #6 Exhibit Perez Declaration Exh. 1, #7 Exhibit Perez Declaration Exh. 2, #8 Exhibit Perez Declaration Exh. 3, #9 Exhibit Perez Declaration Exh. 4, #10 Affidavit Toney Declaration, #11 Exhibit Toney Declaration Exh. 1, #12 Exhibit Toney Declaration Exh. 2, #13 Exhibit Toney Declaration Exh. 3, #14 Exhibit Toney Declaration Exh. 4, #15 Exhibit Toney Declaration Exh. 5, #16 Exhibit Toney Declaration Exh. 6)(Setareh, Chaim) |
| Filing 126 EVIDENTIARY OBJECTIONS TO THE DECLARATION OF MO AMANI re: NOTICE OF MOTION AND MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment #99 filed by Petitioner Jorge Perez. (Attachments: #1 Proposed Order)(Setareh, Chaim) |
| Filing 125 EVIDENTIARY OBJECTIONS TO THE DECLARATION OF KIRK KOENIG re: NOTICE OF MOTION AND MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment #99 filed by Petitioner Jorge Perez. (Attachments: #1 Proposed Order)(Setareh, Chaim) |
| Filing 124 OPPOSITION to EX PARTE APPLICATION to Continue Of Summary Judgement Motion and Class Certification Dealine #121 filed by Respondents Performance Food Group Inc, Vistar Transportation, LLC, Counter Claimants Performance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) |
| Filing 123 NOTICE of Intent to Oppose Plaintiff's Ex Parte Application for Continuance of Summary Judgment Motion and Class Certification Deadline [Dkt. #121] filed by Defendants/Counterclaimants Performance Food Group Inc, Performance Food Group, Inc., Vistar Transportation, LLC, Vistar Transportation, LLC. (Kane, Matthew) |
| Filing 122 NOTICE OF LODGING filed re EX PARTE APPLICATION to Continue Of Summary Judgement Motion and Class Certification Dealine #121 (Attachments: #1 Exhibit A)(Setareh, Chaim) |
| Filing 121 EX PARTE APPLICATION to Continue Of Summary Judgement Motion and Class Certification Dealine filed by Plaintiff Jorge Perez. (Attachments: #1 Declaration of Thomas Segal, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Setareh, Chaim) |
| Filing 120 REPLY in support NOTICE OF MOTION AND MOTION for Order for Determination of No Certifiable Rule 23 Classes and/or FLSA Collectives or, Alternatively, for Judgment on the Pleadings as to Class and Collective Action Allegations and/or Order Requiring Amendment of Propos #95 filed by Counter Claimants Performance Food Group, Inc., Vistar Transportation, LLC. (Kim, Sylvia) |
| Filing 119 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Plaintiffs Third Amended Complaint Pursuant to FRCP 12(b)(6) and/or 12(f) #86 filed by Counter Claimants Performance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) |
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Filing 118
(IN CHAMBERS) ORDER RE DEFENDANTS' REPLY BRIEFS by Judge John A. Kronstadt.In light of the Court's Orders accepting Plaintiff's Opposition to Defendants' Motion to Dismiss and/or Strike Plaintiff's Third Amended Complaint (Dkt. #117 ) and Plaintiff's Opposition to Defendants' Motion for Determination of No Certifiable Rule 23 Classes (Dkt. #116 ), any Reply briefs shall be filed by Defendants on or before August 24, 2017.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc3, ) TEXT ONLY ENTRY
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Filing 117
ORDER RE PLAINTIFF'S REQUEST TO FILE OPPOSITION TO DEFENDANTS' MOTION TO DISMISS by Judge John A. Kronstadt. Plaintiff's Opposition to the Motion to Dismiss filed as ECF No. #106 is accepted as filed. Refer to the Court's order for details. (pso)
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Filing 116
ORDER RE PLAINTIFF'S EX PARTE APPLICATION FOR RELIEF UNDER RULE 60 by Judge John A. Kronstadt #108 . Plaintiff's Opposition to the Order for Determination attached as Exhibit A to the Declaration of Thomas Segal in ECF No. 108 is accepted as filed. Refer to the Court's order for details. (pso)
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| Filing 115 RESPONSE filed by Respondent Performance Food Group Inc, Counter Claimant Performance Food Group, Inc.to Notice (Other) #114 Response to Plaintiff's Unauthorized Notice Improperly Filed on August 18, 2017 (Kim, Sylvia) |
| Filing 114 NOTICE re Defendant's Refusal To Meet and Confer as Required by Court Order filed by Plaintiff Jorge Perez. (Setareh, Chaim) |
| Filing 113 NOTICE OF LODGING filed re EX PARTE APPLICATION for Relief from UNDER RULE 60; DECLARATION OF THOMAS SEGAL IN SUPPORT THEREOF #108 (Attachments: #1 Proposed Order Approving Plaintiff's Ex Parte Application For Relief Under Rule 60)(Setareh, Chaim) |
| Filing 112 NOTICE OF LODGING filed re Objection/Opposition (Motion related), #105 (Attachments: #1 Proposed Order Granting Plaintiff's Request to File Opposition to Defendant's Motion to Dismiss)(Setareh, Chaim) |
| Filing 111 REQUEST FOR JUDICIAL NOTICE in support of Defendants' Opposition to Plaintiff's Ex Parte Application for Relief Under Rule 60 filed by Respondents Performance Food Group Inc, Vistar Transportation, LLC, Counter Claimants Performance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) |
| Filing 110 ANSWER to Amended Counterclaim #92 filed by Counterdefendant/Plaintiff Jorge Perez.(Setareh, Chaim) |
| Filing 109 OPPOSITION to EX PARTE APPLICATION for Relief from UNDER RULE 60; DECLARATION OF THOMAS SEGAL IN SUPPORT THEREOF #108 filed by Counter Claimants Performance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) |
| Filing 108 EX PARTE APPLICATION for Relief from UNDER RULE 60; DECLARATION OF THOMAS SEGAL IN SUPPORT THEREOF filed by Plaintiff Jorge Perez. (Attachments: #1 Declaration Thomas Segal, #2 Exhibit A, #3 Exhibit B, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4 part 1 of 3, #8 Exhibit 4 part 2 of 3, #9 Exhibit 4 part 3 of 3, #10 Exhibit 5) (Setareh, Chaim) |
| Filing 107 NOTICE intent to file ex-parte application for relief under rule 60 and opposition to defendant's order for determination of no certifiable rule 23 classes; declaration of thomas segal in support thereof filed by Plaintiff Jorge Perez. (Setareh, Chaim) |
| Filing 106 Plaintiff's opposition to Defendant's motion to dismiss and or strike plaintiff's third amended complaint re: NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Plaintiffs Third Amended Complaint Pursuant to FRCP 12(b)(6) and/or 12(f) #86 filed by Petitioner Jorge Perez. (Setareh, Chaim) Modified on 8/17/2017 (bp). |
| Filing 105 Request to file opposition to defendant's Motion to strike plaintiffs third amended complaint request to file re: NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Plaintiffs Third Amended Complaint Pursuant to FRCP 12(b)(6) and/or 12(f) #86 filed by Petitioner Jorge Perez. (Attachments: #1 Declaration Shaun Setareh, #2 Exhibit A)(Setareh, Chaim) |
| Filing 104 NOTICE OF NON-RECEIPT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR DETERMINATION OF NO CERTIFIABLE RULE 23 CLASSES AND/OR FLSA COLLECTIVES OR, ALTERNATIVELY, FOR JUDGMENT ON THE PLEADINGS AS TO CLASS AND COLLECTIVE ACTION ALLEGATIONS AND/OR ORDER REQUIRING AMENDMENT OF PROPOSED CLASS AND COLLECTIVE DEFINITIONS TO ELIMINATE OR MODIFY SAME re NOTICE OF MOTION AND MOTION for Order for Determination of No Certifiable Rule 23 Classes and/or FLSA Collectives or, Alternatively, for Judgment on the Pleadings as to Class and Collective Action Allegations and/or Order Requiring Amendment of Propos #95 and Dkt 97 filed by Counter Claimants Performance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) |
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Filing 103
ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION TO REQUIRE FURTHER MEET AND CONFER AND CONTINUE BRIEFING AND HEARING SCHEDULE ON PLAINTIFF'S MOTION TO COMPEL by Magistrate Judge Steve Kim. IT IS HEREBY ORDERED AS FOLLOWS: The hearing on Plaintiff's Motion to Compel (ECF Nos. #93 , #94 ) is continued to October 11, 2017 at 10:00 AM. In the meantime, the Parties shall further meet and confer in person regarding outstanding discovery disputes raised in the Motion to Compel for the suppose of narrowing the disputed issues presented to the Court. The parties shall submit a joint report to the Court by no later than October 4, 2017, as to the status of any outstanding disputed issues raised in the Motion to Compel. IT IS SO ORDERED. (SEE ORDER FOR DETAILS). In re: Ex Parte Application #100 . (mkr)
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| Filing 102 TO DEFENDANTS EX PARTE APPLICATION PLAINTIFFS OPPOSITION TO DEFENDANTS EX PARTE APPLICATION re: EX PARTE APPLICATION to Strike MOTION to Compel Supplemental Discovery Responses and Production of Documents #94 , MOTION to Compel Supplemental Discovery Responses and Production of Documents #93 or, Alternatively, to #100 filed by Petitioner Jorge Perez. (Attachments: #1 Exhibit A, #2 Declaration of Thomas Segal, #3 Exhibit A, #4 Exhibit B, #5 Declaration of Shaun Setareh)(Setareh, Chaim) |
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Filing 101
(IN CHAMBERS) ORDER CONTINUING DEFENDANTS PERFORMANCE FOOD GROUP, INC.'S AND VISTAR TRANSPORTATION, LLC'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT (DKT. #99 ) by Judge John A Kronstadt: The Court, on its own motion, continues the Motion from November 6, 2017 to November 20, 2017 at 8:30 a.m. Counsel shall refer to the Court's Standing Order with respect to the briefing schedule for motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 100 EX PARTE APPLICATION to Strike MOTION to Compel Supplemental Discovery Responses and Production of Documents #94 , MOTION to Compel Supplemental Discovery Responses and Production of Documents #93 or, Alternatively, to Require Further Meet and Confer and/or Continue Briefing and Hearing Schedule Thereon filed by Defendant/Counterclaimant Performance Food Group Inc, Performance Food Group, Inc.. (Attachments: #1 Proposed Order) (Kim, Sylvia) |
| Filing 99 NOTICE OF MOTION AND MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment filed by Defendants/Counterclaimants Performance Food Group Inc, Performance Food Group, Inc., Vistar Transportation, LLC, Vistar Transportation, LLC. Motion set for hearing on 11/6/2017 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Kirk Koenig, #2 Declaration of Mo Amani, #3 Statement of Uncontroverted Facts and Conclusions of Law, #4 Proposed Order, #5 Proposed Judgment) (Kane, Matthew) |
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Filing 98
(IN CHAMBERS) ORDER RE OPPOSITION TO DEFENDANTS' MOTION TO DISMISS AND/OR STRIKE PLAINTIFF'S THIRD AMENDED COMPLAINT (Dkt. 86) by Judge John A. Kronstadt: Pursuant to this Court's Standing Order, Plaintiff's opposition to Defendants' Motion to Dismiss and/or Strike Plaintiff's Third Amended Complaint ([Dkt. 86]) was due by July 5, 2017. The Court directs Plaintiff to file any opposition to Defendants' Motion by August 15, 2017. Additionally, counsel shall file a separate request by August 15, 2017 to file the opposition, which shall explain the reason why the opposition was not filed timely and why the Court should accept the late-filed opposition. The Court will determine whether the request will be granted at the hearing or in its ruling should it determine that a hearing is not necessary. If the opposition is not filed by August 15, 2017, the Court will deem the Motion unopposed and the Court will make its determination upon the papers that have been submitted. If the opposition is filed by August 15, 2017, the reply shall be filed no later than August 22, 2017.
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Filing 97
(IN CHAMBERS) ORDER ADVANCING DEFENDANTS' MOTION FOR DETERMINATION OF NO CERTIFIABLE RULE 23 CLASSES AND/OR FLSA COLLECTIVES OR, ALTERNATIVELY, FOR JUDGMENT ON THE PLEADINGS AS TO CLASS AND COLLECTIVE ACTION ALLEGATIONS AND/OR ORDER REQUIRING AMENDMENT OF PROPOSED CLASS AND COLLECTIVE DEFINITIONS TO ELIMINATE OR MODIFY SAME (DKT. #95 ) by Judge John A. Kronstadt: The Court, on its own motion, advances the Motion from October 30, 2017 to September 11, 2017 at 8:30 a.m. Any opposition shall be filed by August 14, 2017, with the reply to be filed no later than August 21, 2017.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 96
(IN CHAMBERS) ORDER DEEMING PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM AS MOOT (DKT. #90 ) by Judge John A. Kronstadt: In light of the First Amended Counterclaim (Dkt. #92 ), the Motion is MOOT and taken off the Court's calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 95 NOTICE OF MOTION AND MOTION for Order for Determination of No Certifiable Rule 23 Classes and/or FLSA Collectives or, Alternatively, for Judgment on the Pleadings as to Class and Collective Action Allegations and/or Order Requiring Amendment of Proposed Class and Collective Definitions to Eliminate or Modify Same filed by Defendants Performance Food Group Inc, Vistar Transportation, LLC. Motion set for hearing on 10/30/2017 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Brenda Rodenburgh, #2 Declaration of Michelle Benton, #3 Declaration of Stephen Gomez, #4 Declaration of Matthew C. Kane, #5 Proposed Order) (Kane, Matthew) |
| Filing 94 NOTICE OF MOTION AND MOTION to Compel Supplemental Discovery Responses and Production of Documents filed by Plaintiff Jorge Perez. Motion set for hearing on 8/30/2017 at 10:00 AM before Magistrate Judge Steve Kim. (Setareh, Chaim) |
| Filing 93 NOTICE OF MOTION AND MOTION to Compel Supplemental Discovery Responses and Production of Documents filed by Plaintiff Jorge Perez. Motion set for hearing on 8/30/2017 at 10:00 AM before Magistrate Judge Steve Kim. (Attachments: #1 Declaration of Shaun Setareh in Support of Joint Stipulation, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Setareh, Chaim) |
| Filing 92 First AMENDED COUNTERCLAIM against Plaintiff/Counterdefendant Jorge Perez amending Counterclaim #82 , filed by Defendants/Counterclaimants Vistar Transportation, LLC, Performance Food Group, Inc. (Attachments: #1 Appendix)(Kane, Matthew) |
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Filing 91
(IN CHAMBERS) ORDER ADVANCING PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM (DKT. #90 ) by Judge John A. Kronstadt: The Court, on its own motion, advances the Motion from October 23, 2017 to September 11, 2017 at 8:30 a.m. Counsel shall refer to the Court's Standing Order with respect to the briefing of motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 90 NOTICE OF MOTION AND MOTION to Dismiss Counterclaim filed by Plaintiff Jorge Perez. Motion set for hearing on 10/23/2017 at 08:30 AM before Judge John A. Kronstadt. (Setareh, Chaim) |
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Filing 89
ORDER GRANTING IN PART JOINT STIPULATION TO CONTINUE PLAINTIFF'S DEADLINE TO RESPOND TO DEFENDANTS' COUNTERCLAIM (DKT. #87 ) by Judge John A. Kronstadt: The deadline for Plaintiff to file his response to Defendants; Counterclaim by answer or motion shall be andhereby is extended to July 14, 2017. (ah)
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Filing 88
(IN CHAMBERS) ORDER CONTINUING DEFENDANT'S MOTION TO DISMISS AND/OR STRIKE PLAINTIFF'S THIRD AMENDED COMPLAINT (DKT. #86 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the Motion from July 24, 2017 to September 11, 2017 at 8:30 a.m. Counsel shall refer to the Court's Standing Order with respect to the briefing schedule for motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 87 Joint STIPULATION to Continue Deadline to Respond to Defendants' Counterclaim from June 15, 2017 to 14 days after the court enters an order on Defendants' forthcoming motion to strike Plaintiff's Third Amended Complaint filed by Plaintiff Jorge Perez. (Attachments: #1 Proposed Order)(Setareh, Chaim) |
| Filing 86 NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike Plaintiffs Third Amended Complaint Pursuant to FRCP 12(b)(6) and/or 12(f) filed by Defendants/Counterclaimants Performance Food Group, Inc., Vistar Transportation, LLC. Motion set for hearing on 7/24/2017 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Proposed Order Granting Defendants Performance Food Group Inc.s and Vistar Transportation, LLCs Motion to Dismiss and/or Strike Plaintiffs Third Amended Complaint Pursuant to FRCP 12(b)(6) and/or 12(f)) (Kane, Matthew) |
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Filing 85
(IN CHAMBERS) ORDER RE PLAINTIFF'S THIRD AMENDED COMPLAINT (DKT. #73 ) by Judge John A. Kronstadt: The Third Amended Complaint (Dkt. #73 ) is accepted as filed. Defendants shall file a response/answer to the Third Amended Complaint by June 13, 2017. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc4, ) TEXT ONLY ENTRY
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| Filing 84 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Appendix #79 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bp) |
| Filing 83 RESPONSE filed by Petitioner Jorge Perezto Objection, #80 to Third Amended Complaint (Setareh, Chaim) |
| Filing 82 COUNTERCLAIM against Counter Defendants Jorge Perez, Jorge Perez; Yes, filed by Defendants/Counterclaimants Vistar Transportation, LLC, Performance Food Group, Inc..(Kane, Matthew) |
| Filing 81 Defendants/Counterclaimants Performance Food Group, Inc.s and Vistar Transportation, LLCs ANSWER to Amended Complaint, #29 Plaintiffs Second Amended Complaint filed by Defendants/Counterclaimants Performance Food Group, Inc., Vistar Transportation, LLC.(Kane, Matthew) |
| Filing 80 OBJECTIONS to Amended Complaint/Petition, #73 Defendants Performance Food Group, Inc.s and Vistar Transportation, LLCs Objection to and Request that the Court Strike Plaintiffs Unauthorized Third Amended Complaint filed by Counter Claimants Performance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) |
| Filing 79 APPENDIX filed by Petitioner Jorge Perez. Re: Amended Complaint/Petition, #73 (Setareh, Chaim) |
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Filing 78
(IN CHAMBERS) ORDER RE THIRD AMENDED COMPLAINT (DKT. #73 ) by Judge John A. Kronstadt: Pursuant to this Court's Standing Orders, Plaintiff was to have attached as an appendix to the third amended complaint a redline version showing all additions and deletions of material as compared to the prior complaint. S.O. 10(a). Plaintiff shall file this redline version by 5:00 p.m. on May 30, 2017. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc4, ) TEXT ONLY ENTRY
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Filing 77
ORDER by Judge John A. Kronstadt: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Answer to Amended Complaint and Counterclaims #74 , for the following reasons: Counsel shall refer to the Court's Standing Order with respect to e-filing initiating documents. Dkt. 63 at 20. The document shall be re-filed with the answer and the counterclaims as two separate documents no later than May 25, 2017. (ah)
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| Filing 76 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Amended Complaint/Petition, #73 by Judge John A. Kronstadt. Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 50. (pso) |
| Filing 75 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition, #73 . The following error(s) was found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bp) |
| Filing 74 (STRICKEN PURSUANT TO DKT. #77 )ANSWER to Amended Complaint, #29 JURY DEMAND and Counterclaims filed by Defendants/Counterclaimants Performance Food Group Inc, Vistar Transportation, LLC.(Kane, Matthew) Modified on 5/25/2017 (ah). |
| Filing 73 Third AMENDED COMPLAINT against Defendant Performance Food Group Inc, Roma Food Enterprises, Inc., Vistar Transportation, LLC amending Amended Complaint, #29 , filed by Plaintiff Jorge Perez (Attachments: #1 Exhibit A, #2 Exhibit B)(Setareh, Chaim) |
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Filing 72
(IN CHAMBERS) ORDER RE DEFENDANTS PERFORMANCE FOOD GROUP, INC. AND VISTAR TRANSPORTATION, LLC'S MOTION TO DISMISS AND/OR STRIKE PLAINTIFF'S SECOND AMENDED COMPLAINT (DKT. #36 ); SPECIALLY APPEARING DEFENDANT ROMA FOOD ENTERPRISES, INC.'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT OR, ALTERNATIVELY, TO QUASH SERVICE OF SUMMONS (DKT. #45 ) by Judge John A. Kronstadt: The PFG Motion is GRANTED IN PART without prejudice to the extent that the PAGA claim seeks statutory penalties for Defendants' alleged violations of vacation wage claim in the seventh cause of action. It is DENIED as to all other claims. The Roma Motion is GRANTED with prejudice. (ah)
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| Filing 71 MINUTES OF DEFENDANTS PERFORMANCE FOOD GROUP, INC. AND VISTAR TRANSPORTATION, LLC'S MOTION TO DISMISS AND/OR STRIKE PLAINTIFF'S SECOND AMENDED COMPLAINT (DKT. #36 ); SPECIALLY APPEARING DEFENDANT ROMA FOOD ENTERPRISES, INC.'S MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT OR, ALTERNATIVELY, TO QUASH SERVICE OF SUMMONS (DKT. #45 ) Hearing held before Judge John A. Kronstadt: The Court takes the Roma Motion and Performance Motion UNDER SUBMISSION and will issue a written ruling. Court Reporter: Alex Joko. (ah) |
| Filing 70 NOTICE Defendant Performance Food Group, Inc.s and Vistar Transportation, LLCs Second Notice of New Decisional Authorities in Further Support of Defendants Pending Motion to Dismiss and/or Strike Plaintiffs Second Amended Complaint Pursuant to FRCP 12(b)(6) and/or 12(f) filed by Defendants Performance Food Group Inc, Vistar Transportation, LLC. re #36 (Attachments: #1 Exhibit A, #2 Exhibit B)(Kane, Matthew) |
| Filing 69 DEFENDANTS PERFORMANCE FOOD GROUP, INC.S AND VISTAR TRANSPORTATION, LLCS NOTICE OF NEW DECISIONAL AUTHORITIES IN FURTHER SUPPORT OF DEFENDANTS PENDING MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS SECOND AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f) re #36 filed by Respondents Performance Food Group Inc, Vistar Transportation, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kane, Matthew) |
| Filing 68 MINUTES OF Scheduling Conference held before Judge John A. Kronstadt. The scheduling conference is held. The Court confers with counsel regarding the status of the case and the parties' March 6, 2017 Joint Report and sets the following deadlines: Final Pretrial Conference set for 9/24/2018 at 03:00 PM and Jury Trial set for 10/9/2018 at 09:00 AM. Refer to the Court minutes for other trial related dates and deadlines. Court Reporter: Alex Joko. (pso) |
| Filing 67 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 14, filed by Petitioner Jorge Perez.. (Attachments: #1 Exhibit A)(Setareh, Chaim) |
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Filing 66
(IN CHAMBERS) ORDER SETTING HEARING ON DEFENDANTS' MOTIONS TO DISMISS (DKT. #36 , #45 ) by Judge John A Kronstadt: The Court sets the hearing on Defendants' Motions to Dismiss for May 8, 2017 at 8:30 a.m. Counsel shall submit a courtesy copy of their respective motion papers, which shall bear the ECF heading, no later than March 7, 2017. If an earlier date becomes available, the Court will advance the hearing date. The March 13, 2017 Scheduling Conference remains. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 65 NOTICE TO PARTIES by U.S. Magistrate Judge Steve Kim. Effective, March 1, 2017, Judge Kim's courtroom will be COURTROOM 23 on the 3rd floor, located at 312 N. Spring Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 23 of the Spring Street U.S. Courthouse. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
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Filing 64
ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Judge John A. Kronstadt.Report due by 3/3/2017., Scheduling Conference set for 3/13/2017 at 01:30 PM. (SEE ORDER FOR SPECIFICS) (bp)
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| Filing 63 STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT. (SEE ORDER FOR SPECIFICS) (bp) |
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Filing 62
(IN CHAMBERS) ORDER REGARDING TRANSFER OF CASE TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt: This action has been reassigned to the Honorable John A. Kronstadt, United States District Judge. The case number will now read: LA CV17-00357 JAK (SKx). Because all pleadings are routed using the judge's initials, please be sure to use the initials JAK on all future filings. Judge Kronstadt's Courtroom Deputy Clerk, Andrea Keifer, can be reached at 213.894.2156. #59 #60 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 61 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 60 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Steve Kim. (esa) |
| Filing 59 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:15-cv-02390 HSG, from Northern District of California - San Francisco. The above-referenced case has been transferred to this district and assigned the above civil case number 2:17-cv-00357 JAK (SKx). (esa) |
| Filing 58 ORIGINAL file, certified copy of transfer order and docket sheet received from California Northern |
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Filing 57
ORDER GRANTING #49 MOTION TO TRANSFER.***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 1/6/2017. (ndrS, COURT STAFF) (Filed on 1/6/2017) [Transferred from California Northern on 1/17/2017.]
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| Filing 56 CLERK'S NOTICE. Notice is hereby given that the Court takes the pending the two ( #36 , #45 ) motions to dismiss and the #49 motion to transfer filings under submission. The hearings previously scheduled for January 5, 2017 at 2:00 p.m. is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 1/3/2017) [Transferred from California Northern on 1/17/2017.] |
| Filing 55 CLERK'S NOTICE. Notice is hereby given that the hearing on the #45 motion to dismiss, previously set for December 22, 2016, is continued to January 5, 2017,before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 10, 19th Floor, 450 Golden Gate Avenue, San Francisco, CA. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 12/14/2016) [Transferred from California Northern on 1/17/2017.] |
| Reset Hearing as to #45 MOTION to Dismiss Plaintiff's Second Amended Complaint Pursunat to docket no. 55 : Motion Hearing set for 1/5/2017 02:00 PM before Hon. Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 12/14/2016) [Transferred from California Northern on 1/17/2017.] |
| Filing 54 REPLY (re #49 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404 ) filed byPerformance Food Group, Inc., Roma Food Enterprises, Inc., Vistar Transportation, LLC. (Kane, Matthew) (Filed on 11/9/2016) [Transferred from California Northern on 1/17/2017.] |
| Filing 53 OPPOSITION/RESPONSE (re #49 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404 ) filed byJorge Perez. (Attachments: #1 Declaration of Shaun Setareh, #2 Declaration of Jorge Perez)(Setareh, Chaim) (Filed on 11/2/2016) Modified on 11/3/2016 (ecgS, COURT STAFF). [Transferred from California Northern on 1/17/2017.] |
| Filing 52 REPLY (re #45 MOTION to Dismiss Plaintiff's Second Amended Complaint ) filed byRoma Food Enterprises, Inc. (Kane, Matthew) (Filed on 10/31/2016) Modified on 11/1/2016 (ecgS, COURT STAFF). [Transferred from California Northern on 1/17/2017.] |
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Filing 51
ORDER CONTINUING HEARING. Signed by Judge Haywood S. Gilliam, Jr. The hearing on #36 Defendants' motion to dismiss and/or strike Plaintiff's second amended complaint, previously scheduled for 11/3/2016, is hereby CONTINUED to 1/5/2017. The Court DIRECTS the Parties to be prepared to argue both Defendants' motion to dismiss and/or strike Plaintiff's second amended complaint and #49 Defendants' motion to transfer. (This is a text-only entry; there is no document associated with this entry.)(hsglc3S, COURT STAFF) (Filed on 10/28/2016) [Transferred from California Northern on 1/17/2017.]
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| Reset Hearing as to #36 MOTION to Dismiss and/or Strike Plaintiff's Second Amended Complaint Pursuant to F.R.C.P. 12(b)(6) and/or 12(f) Pursuant to Docket No. 51 : Motion Hearing set for 1/5/2017 02:00 PM before Hon. Haywood S Gilliam Jr.. (ndrS, COURT STAFF) (Filed on 10/28/2016) [Transferred from California Northern on 1/17/2017.] |
| Filing 50 OPPOSITION (re #45 MOTION to Dismiss Plaintiff's Second Amended Complaint ) filed byJorge Perez. (Setareh, Chaim) (Filed on 10/25/2016) Modified on 10/25/2016 (ecgS, COURT STAFF). [Transferred from California Northern on 1/17/2017.] |
| Filing 49 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404 filed by Performance Food Group, Inc., Roma Food Enterprises, Inc., Vistar Transportation, LLC. Motion Hearing set for 1/5/2017 02:00 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 11/2/2016. Replies due by 11/9/2016. (Attachments: #1 Declaration of Ferguson, #2 Proposed Order)(Kane, Matthew) (Filed on 10/19/2016) [Transferred from California Northern on 1/17/2017.] |
| Filing 48 NOTICE by Jorge Perez (Setareh, Chaim) (Filed on 10/17/2016) [Transferred from California Northern on 1/17/2017.] |
| Filing 47 REPLY (re #36 MOTION to Dismiss and/or Strike Plaintiff's Second Amended Complaint Pursuant to F.R.C.P. 12(b)(6) and/or 12(f) ) filed byPerformance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) (Filed on 10/17/2016) [Transferred from California Northern on 1/17/2017.] |
| Electronic filing REMINDER Re: #46 Opposition/Response to Motion, filed by Jorge Perez. No further action is necessary. Suffix to Judge Gilliam's Jr. is missing on cover page. Cases assigned to Judge Haywood S. Gilliam, Jr. should include suffix in future filings if reference is included on cover page. This is a text only docket entry. There is no document associated with this entry. [Err400] (ecgS, COURT STAFF) (Filed on 10/12/2016) [Transferred from California Northern on 1/17/2017.] |
| Filing 46 OPPOSITION (re #36 MOTION to Dismiss and/or Strike Plaintiff's Second Amended Complaint Pursuant to F.R.C.P. 12(b)(6) and/or 12(f) ) filed byJorge Perez. (Setareh, Chaim) (Filed on 10/11/2016) Modified on 10/12/2016 (ecgS, COURT STAFF). [Transferred from California Northern on 1/17/2017.] |
| Filing 45 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Performance Food Group, Inc., Roma Food Enterprises, Inc., Vistar Transportation, LLC. Motion Hearing set for 12/22/2016 02:00 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 10/24/2016. Replies due by 10/31/2016. (Attachments: #1 Declaration of Benton, #2 Declaration of Hickman, #3 Declaration of Kelly, #4 Proposed Order)(Kane, Matthew) (Filed on 10/10/2016) [Transferred from California Northern on 1/17/2017.] |
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Filing 44
Order by Hon. Haywood S. Gilliam, Jr. denying #43 Stipulated Protective Order and directing parties to submit a protective order that tracks the Northern District of California's Model Stipulated Protective Order for Standard Litigation, or to explain the basis for any requested deviation from the Model Order. (This is a text-only entry; there is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 9/20/2016) [Transferred from California Northern on 1/17/2017.]
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| Filing 43 STIPULATED PROTECTIVE ORDER filed by Performance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) (Filed on 9/14/2016) Modified on 9/15/2016 (pdy, COURT STAFF). [Transferred from California Northern on 1/17/2017.] |
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Filing 42
ORDER by Judge Haywood S. Gilliam, Jr. Granting #41 Stipulation to Extend Mediation Completion; Modify Briefing and Hearing Schedule; Extend Time to Respond to Complaint re #36 MOTION to Dismiss. (ndrS, COURT STAFF) (Filed on 6/22/2016) [Transferred from California Northern on 1/17/2017.]
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| Reset Deadlines/Hearing as to #36 MOTION to Dismiss and/or Strike Plaintiff's Second Amended Complaint Pursuant to F.R.C.P. 12(b)(6) and/or 12(f) : Responses due by 10/10/2016; Replies due by 10/17/2016; Motion Hearing set for 11/3/2016 02:00 PM before Hon. Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 6/22/2016) [Transferred from California Northern on 1/17/2017.] |
| Filing 41 STIPULATION WITH PROPOSED ORDER to Extend Mediation Completion; Modify Briefing and Hearing Schedule; Extend Time to Respond to Complaint re #36 MOTION to Dismiss filed by Jorge Perez. (Attachments: #1 Certificate/Proof of Service)(Setareh, Chaim) (Filed on 6/20/2016) Modified on 6/22/2016 (dtmS, COURT STAFF). [Transferred from California Northern on 1/17/2017.] |
| Filing 40 STIPULATION to Extend Time for Specially Appearing Defendant Roma Foods Enterprises, Inc. to Respond to Second Amended Complaint by 21 Days filed by Performance Food Group, Inc., Roma Food Enterprises, Inc., Vistar Transportation, LLC. (Kane, Matthew) (Filed on 5/31/2016) [Transferred from California Northern on 1/17/2017.] |
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Filing 39
ORDER by Judge Haywood S. Gilliam, Jr. Granting #38 Stipulation to Amend Briefing Schedule re #36 MOTION to Dismiss. (ndrS, COURT STAFF) (Filed on 5/25/2016) [Transferred from California Northern on 1/17/2017.]
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| Reset Deadlines Pursuant to Docket No. #39 as to #36 MOTION to Dismiss and/or Strike Plaintiff's Second Amended Complaint Pursuant to F.R.C.P. 12(b)(6) and/or 12(f) : Responses due by 6/22/2016; Replies due by 7/13/2016. (ndrS, COURT STAFF) (Filed on 5/25/2016) [Transferred from California Northern on 1/17/2017.] |
| Filing 38 STIPULATION WITH PROPOSED ORDER to Amend Briefing Schedule re #36 MOTION to Dismiss filed by Jorge Perez. (Attachments: #1 Proposed Order)(Setareh, Chaim) (Filed on 5/24/2016) Modified on 5/24/2016 (dtmS, COURT STAFF). [Transferred from California Northern on 1/17/2017.] |
| Filing 37 AFFIDAVIT of Service for Summons, complaint, amended doe complaint , etc... served on Roma Food Enterprises, Inc. on 05-10-2016, filed by Jorge Perez. (Setareh, Chaim) (Filed on 5/18/2016) [Transferred from California Northern on 1/17/2017.] |
| Filing 36 MOTION to Dismiss and/or Strike Plaintiff's Second Amended Complaint Pursuant to F.R.C.P. 12(b)(6) and/or 12(f) filed by Performance Food Group, Inc., Vistar Transportation, LLC. Motion Hearing set for 8/25/2016 02:00 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 5/25/2016. Replies due by 6/1/2016. (Attachments: #1 Proposed Order)(Kane, Matthew) (Filed on 5/11/2016) [Transferred from California Northern on 1/17/2017.] |
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Filing 35
ORDER by Judge Haywood S. Gilliam, Jr. Granting #33 Stipulation Re #29 Amended Complaint to Extend Time to Respond to Second Amended Complaint By 14 Days. (ndrS, COURT STAFF) (Filed on 4/26/2016) [Transferred from California Northern on 1/17/2017.]
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Filing 34
ORDER by Judge Haywood S. Gilliam, Jr. Granting #32 Stipulation selecting Private ADR. (ndrS, COURT STAFF) (Filed on 4/26/2016) [Transferred from California Northern on 1/17/2017.]
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| Filing 33 STIPULATION WITH PROPOSED ORDER re #29 Amended Complaint to Extend Time to Respond to Second Amended Complaint By 14 Days filed by Performance Food Group, Inc., Vistar Transportation, LLC. (Attachments: #1 Declaration of Matthew C. Kane)(Kane, Matthew) (Filed on 4/26/2016) [Transferred from California Northern on 1/17/2017.] |
| Filing 32 STIPULATION and Proposed Order selecting Private ADR. filed by Performance Food Group, Inc., Vistar Transportation, LLC. (Kim, Sylvia) (Filed on 4/26/2016) Modified on 4/26/2016 (dtmS, COURT STAFF). [Transferred from California Northern on 1/17/2017.] |
| Electronic filing error. Incorrect event used. Correct event is Stip/Order Selecting Private ADR. Corrected by Clerk's Office. No further action is necessary. Re: #32 STIPULATION and Proposed Order selecting Mediation filed by Vistar Transportation, LLC (dtmS, COURT STAFF) (Filed on 4/26/2016) [Transferred from California Northern on 1/17/2017.] |
| Filing 31 NOTICE of Change In Counsel by Thomas Alistair Segal (Attachments: #1 Certificate/Proof of Service)(Segal, Thomas) (Filed on 4/15/2016) [Transferred from California Northern on 1/17/2017.] |
| Filing 30 NOTICE of Appearance by Thomas Alistair Segal (Attachments: #1 Certificate/Proof of Service)(Segal, Thomas) (Filed on 4/15/2016) [Transferred from California Northern on 1/17/2017.] |
| REMINDER: Judge's Initials HSG Required after the Case Number on all Documents #12 Reassignment Order. (dtmS, COURT STAFF) (Filed on 4/14/2016) [Transferred from California Northern on 1/17/2017.] |
| Filing 29 Second AMENDED COMPLAINT against All Defendants. Filed byJorge Perez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate/Proof of Service)(Setareh, Chaim) (Filed on 4/13/2016) Modified on 4/14/2016 (dtmS, COURT STAFF). [Transferred from California Northern on 1/17/2017.] |
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Filing 28
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING IN PART AND DENYING IN PART #16 MOTION TO DISMISS WITHOUT PREJUDICE.(ndrS, COURT STAFF) (Filed on 3/23/2016) [Transferred from California Northern on 1/17/2017.]
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| Set Deadline Pursuant to Docket No. #28 : Amended Pleadings due by 4/13/2016. (ndrS, COURT STAFF) (Filed on 3/23/2016) [Transferred from California Northern on 1/17/2017.] |
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Filing 27
ORDER by Judge Haywood S. Gilliam, Jr. vacating the hearing scheduled for October 1, 2015, at 2:00 p.m. The Court takes the pending #16 motion to dismiss and/or strike under submission pursuant to Local Rule 7-1(b) and will issue a written order. (This is a text only docket entry, there is no document associated with this order.)(hsglc3, COURT STAFF) (Filed on 9/29/2015) [Transferred from California Northern on 1/17/2017.]
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| Filing 26 CLERK'S NOTICE. Notice is hereby given that #16 Defendant's Motion to Dismiss, previously set for September 24, 2015, is continued to October 1, 2015, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 15, 18th Floor, 450 Golden Gate Avenue, San Francisco, CA. (This is a text only docket entry, there is no document associated with this notice.)(ndrS, COURT STAFF) (Filed on 9/17/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 25 JOINT CASE MANAGEMENT STATEMENT filed by Jorge Perez. (Setareh, Chaim) (Filed on 9/1/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 24 CLERK'S NOTICE. Notice is hereby given that the Case Management Conference previously scheduled for September 8, 2015 is vacated. (This is a text only docket entry, there is no document associated with this notice.) (ndrS, COURT STAFF) (Filed on 8/31/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 23 REPLY (re #16 MOTION to Dismiss ) filed byPerformance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) (Filed on 8/27/2015) Modified on 8/28/2015 (dtmS, COURT STAFF). [Transferred from California Northern on 1/17/2017.] |
| Filing 22 Certificate of Interested Entities by Jorge Perez (Setareh, Chaim) (Filed on 8/27/2015) [Transferred from California Northern on 1/17/2017.] |
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Filing 21
ORDER by Judge Haywood S. Gilliam, Jr. Granting #17 Stipulation Re 15 Clerk's Notice, #16 MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f). (ndrS, COURT STAFF) (Filed on 8/6/2015) [Transferred from California Northern on 1/17/2017.]
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| Reset Deadlines/Hearings pursuant to docket no. #21 Re docket no. #16 MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f): Responses due by 7/27/2015; Replies due by 8/27/2015; Case Management Conference set for 9/8/2015 02:00 PM; Motion Hearing set for 9/24/2015 02:00 PM before Hon. Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 8/6/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 20 RESPONSE (re #16 MOTION to Dismiss ) filed byJorge Perez. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A)(Setareh, Chaim) (Filed on 7/27/2015) Modified on 7/28/2015 (dtmS, COURT STAFF). [Transferred from California Northern on 1/17/2017.] |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Setareh, Chaim) (Filed on 7/27/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 18 ERRATA re #17 STIPULATION WITH PROPOSED ORDER re 15 Clerk's Notice, #16 MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) , Electronic Filing Error by Jorge Perez. (Attachments: #1 Exhibit A, #2 Exhibit B)(Setareh, Chaim) (Filed on 7/20/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 17 STIPULATION WITH PROPOSED ORDER re 15 Clerk's Notice, #16 MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Jorge Perez. (Attachments: #1 Proposed Order)(Setareh, Chaim) (Filed on 7/20/2015) [Transferred from California Northern on 1/17/2017.] |
| Electronic filing error. E-filer's Attestation Required. http://cand.uscourts.gov/ecf/signatures Re: #17 STIPULATION WITH PROPOSED ORDER filed by Jorge Perez (dtmS, COURT STAFF) (Filed on 7/20/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 16 MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and/or 12(f) filed by Performance Food Group, Inc., Vistar Transportation, LLC. Motion Hearing set for 8/27/2015 02:00 PM in Courtroom 15, 18th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 7/20/2015. Replies due by 7/27/2015. (Attachments: #1 Proposed Order)(Kane, Matthew) (Filed on 7/6/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 15 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for September 1, 2015, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 15, 18th Floor, 450 Golden Gate Avenue, San Francisco, CA. Case Management Statement due by August 25, 2015. (This is a text only docket entry, there is no document associated with this notice.)(ndr, COURT STAFF) (Filed on 6/25/2015)[Transferred from California Northern on 1/17/2017.] |
| Filing 14 NOTICE of Appearance by Sylvia Jihae Kim (Kim, Sylvia) (Filed on 6/24/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 13 NOTICE of Appearance by Sabrina Alexis Beldner As Counsel Of Record For Defendants Performance Food Group, Inc. And Vistar Transportation, LLC (Beldner, Sabrina) (Filed on 6/24/2015) [Transferred from California Northern on 1/17/2017.] |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Maria-Elena James no longer assigned to the case.. Signed by Executive Committee on 6/24/15. (as, COURT STAFF) (Filed on 6/24/2015) [Transferred from California Northern on 1/17/2017.]
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| Filing 11 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (rmm2S, COURT STAFF) (Filed on 6/23/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Performance Food Group, Inc., Vistar Transportation, LLC.. (Kane, Matthew) (Filed on 6/22/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 9 NOTICE by Jorge Perez Plaintiff Jorge Perez's Notice of Consent to Join FSLA Action (Attachments: #1 Exhibit Exhibit A- Consent Form to Join FLSA Action)(Setareh, Chaim) (Filed on 6/19/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 8 AMENDED COMPLAINT First Amended Complaint against All Defendants. Filed byJorge Perez. (Setareh, Chaim) (Filed on 6/11/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jorge Perez.. (Setareh, Chaim) (Filed on 6/4/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 5 STIPULATION to Extend Time to Respond to Initial Complaint by Not More Than 30 Days filed by Performance Food Group, Inc., Vistar Transportation, LLC. (Kane, Matthew) (Filed on 6/2/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 4 Case assigned to Magistrate Judge Maria-Elena James. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (as, COURT STAFF) (Filed on 6/1/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/20/2015. Case Management Conference set for 8/27/2015 10:00 AM. (hdjS, COURT STAFF) (Filed on 5/29/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 3 NOTICE by Performance Food Group, Inc., Vistar Transportation, LLC of No Related Cases (Kane, Matthew) (Filed on 5/29/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 2 Certificate of Interested Entities by Performance Food Group, Inc., Vistar Transportation, LLC identifying Corporate Parent PFGC, Inc., Corporate Parent Performance Food Group Company for Performance Food Group, Inc.. (Kane, Matthew) (Filed on 5/29/2015) [Transferred from California Northern on 1/17/2017.] |
| Filing 1 NOTICE OF REMOVAL by Defendants Performance Food Group, Inc. and Vistar Transportation, LLC from Alameda County Superior Court. Their case number is RG15767109. (Filing fee $400 receipt number 0971-9557224). Filed byVistar Transportation, LLC, Performance Food Group, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Civil Case Cover Sheet, #4 Exhibit D - Plt's Ntc of Complex Determination Hearing and CMC Redacted, #5 Exhibit E - Clerk's Ntc of Complex Designation Hearing and CMC, #6 Exhibit F - Proof of Service, #7 Exhibit G - Amendment to Complaint Redacted, #8 Exhibit H - Rejection Letter Issued on Summons, #9 Exhibit I - Minutes of Hearing Re Complex Designation and CMC, #10 Exhibit J - Order on Complex Designation and CMC, #11 Civil Cover Sheet)(Kane, Matthew) (Filed on 5/29/2015) [Transferred from California Northern on 1/17/2017.] |
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