Maria Duran v. Maxim Healthcare Services, Inc.
Plaintiff: Duran, Maria Duran, Elizabeth Fuentes and Myrna Johnston
Defendant: Maxim Healthcare Services, Inc. and DOES 1 through 50 inclusive
Case Number: 2:2017cv01072
Filed: February 9, 2017
Court: US District Court for the Central District of California
Presiding Judge: Andre Birotte
Referring Judge: Charles F Eick
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2022 Opinion or Order Filing 172 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #163 filed by Myrna Johnston, Elizabeth Fuentes. CCA # 20-55497. Pursuant to the stipulation of the parties, this appeal is voluntarily dismissed. The parties shall bear their own costs on appeal. A copy of this order shall serve as and for the mandate of this court. (iv)
September 14, 2020 Opinion or Order Filing 171 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #163 filed by Myrna Johnston, Elizabeth Fuentes. CCA # 20-55497. The (9th CCA) Clerk is directed to temporarily close this courts docket for administrative purposes only until April 20, 2021. This administrative closure is not a decision on the merits and no mandate will issue in connection with this order. [See document for more complete details.] (mat)
June 27, 2020 Filing 170 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/1/19, 10:08 A.M re Transcript #169 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Jui, Chia) TEXT ONLY ENTRY
June 27, 2020 Filing 169 TRANSCRIPT for proceedings held on 2/1/19, 10:08 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 7/20/2020. Redacted Transcript Deadline set for 7/28/2020. Release of Transcript Restriction set for 9/25/2020. (Jui, Chia)
June 15, 2020 Opinion or Order Filing 168 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #163 filed by Plaintiffs Myrna Johnston, Elizabeth Fuentes. CCA # 20-55497. The time schedule previously set by the court is amended. See document for further details. (gk)
June 3, 2020 Filing 167 STATUS REPORT of and Response to Court's Order filed by Defendant Maxim Healthcare Services, Inc.. (Grodan, Alexander)
May 6, 2020 Filing 166 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55497 assigned to Notice of Appeal to 9th Circuit Court of Appeals #163 as to Plaintiffs Elizabeth Fuentes, Myrna Johnston. (gk)
May 6, 2020 Filing 165 Notice of Appearance or Withdrawal of Counsel: for attorney Brian D Fahy counsel for Defendant Maxim Healthcare Services, Inc.. Filed by Defendant Maxim Healtcare Services, Inc.. (Fahy, Brian)
May 3, 2020 Filing 164 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #163 . (Rutledge, Thomas)
May 3, 2020 Filing 163 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. Appeal of Order on Motion for Sanctions,,,,,, #132 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-26314081.) (Rutledge, Thomas)
April 6, 2020 Opinion or Order Filing 162 ORDER DISMISSING CIVIL ACTION by Judge Andre Birotte Jr.: THE COURT having been advised by counsel that the action has been settled #161 ; IT IS THEREFORE ORDERED that this action is hereby dismissed without costs and without prejudice to the right, upon good cause shown within 60 days, to reopen the action if settlement is not consummated. ( Case Terminated. Made JS-6. ) (gk)
April 3, 2020 Filing 161 NOTICE OF SETTLEMENT filed by Defendant Maxim Healthcare Services, Inc.. (Battenfeld, John)
February 24, 2020 Opinion or Order Filing 160 ORDER GRANTING STIPULATION TO MODIFY THE SCHEDULING ORDER by Judge Andre Birotte Jr.: Upon Stipulation #159 , IT IS HEREBY ORDERED that the hearing on Defendant Maxim Healthcare Services, Inc.'s request for attorneys' fees #153 is rescheduled to 7/17/2020 at 10:00 AM before Judge Andre Birotte Jr. (gk)
February 19, 2020 Filing 159 Third STIPULATION to Continue Hearing on Defendant's Fee Request from 02/28/2020 to 07/20/2020 filed by Plaintiff Elizabeth Fuentes, Myrna Johnston. (Attachments: #1 Proposed Order)(Rutledge, Thomas)
February 10, 2020 Filing 158 Notice of Appearance or Withdrawal of Counsel: for attorney Diana M Khoury counsel for Plaintiffs Elizabeth Fuentes, Myrna Johnston. Adding Diana M. Khoury as counsel of record for Elizabeth Fuentes and Myrna Johnston for the reason indicated in the G-123 Notice. Filed by Plaintiff Elizabeth Fuentes and Myrna Johnston. (Attachments: #1 Declaration of Service)(Attorney Diana M Khoury added to party Elizabeth Fuentes(pty:pla), Attorney Diana M Khoury added to party Myrna Johnston(pty:pla))(Khoury, Diana)
December 16, 2019 Opinion or Order Filing 157 ORDER GRANTING STIPULATION TO MODIFY THE SCHEDULING ORDER by Judge Andre Birotte Jr.: Upon Stipulation #155 , IT IS HEREBY ORDERED that the Jury Trial is rescheduled to 11/2/2020 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference is rescheduled to 10/9/2020 11:00 AM before Judge Andre Birotte Jr. Non-Expert Discovery cut-off 6/9/2020. The last date to hear motions is rescheduled to 7/17/2020. The Deadline to Complete Settlement Conference is rescheduled to 7/31/2020. The First Round of Trial Filings is rescheduled to 9/18/2020. The Second Round of Trial Filings is rescheduled to 9/25/2020. The Deadline to File Class Certification is rescheduled to 3/13/2020. The Hearing on Motion for Class Certification is rescheduled to 5/8/2020. The hearing on Defendant's request for attorneys' fees is rescheduled to 2/28/2020. See document for further details. (gk)
December 13, 2019 Filing 156 REPLY filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston to MEMORANDUM in Opposition to Motion, #154 (Rutledge, Thomas)
December 13, 2019 Filing 155 Joint STIPULATION to Reschedule Dates Set Forth in Scheduling Order filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. (Attachments: #1 Proposed Order, #2 Declaration of Service)(Singer, Michael)
December 6, 2019 Filing 154 MEMORANDUM in Opposition to Plaintiffs' Motion re Defendant's Request for Attorneys' Fees Pursuant to Court's Order of February 8, 2019 (Dkt. No. 153) filed by Defendant Maxim Healthcare Services, Inc.. (Grodan, Alexander)
November 18, 2019 Filing 153 OBJECTIONS to Declaration, #144 Notice RE: Plaintiffs' Evidentiary Objections to the Supplemental Declaration of Alexander Groban filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. (Attachments: #1 Evidentiary Objections to the Supplemental Declaration)(Rutledge, Thomas) Modified on 2/25/2020 (gk).
November 7, 2019 Filing 152 Notice of Appearance or Withdrawal of Counsel: for attorney Karen Y Cho counsel for Defendant Maxim Healthcare Services, Inc.. Adding Karen Y. Cho as counsel of record for Maxim Healthcare Services, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant MAXIM HEALTHCARE SERVICES, INC.. (Attorney Karen Y Cho added to party Maxim Healthcare Services, Inc.(pty:dft))(Cho, Karen)
September 24, 2019 Opinion or Order Filing 151 ORDER GRANTING STIPULATION TO MODIFY THE SCHEDULING ORDER by Judge Andre Birotte Jr.: Upon Stipulation #150 , IT IS HEREBY ORDERED that the Jury Trial is rescheduled to 9/1/2020 08:30 AM before Judge Andre Birotte Jr. Plaintiffs' deadline to file objections to Defendant's fee request and to otherwise comply with all other aspects of the Court's Order of 3/6/2019 is rescheduled to 11/18/2019. Final Pretrial Conference set for 8/7/2020 11:00 AM before Judge Andre Birotte Jr. Non-Expert Discovery cut-off 4/10/2020. The last date to hear motions is rescheduled to 5/15/2020. The Deadline to Complete Settlement Conference is rescheduled to 5/29/2020. The First Round of Trial Filings is rescheduled to 7/17/2020. The Second Round of Trial Filings is rescheduled to 7/24/2020. The Deadline to File Class Certification is rescheduled to 1/10/2020. The Hearing on Motion for Class Certification is rescheduled to 3/6/2020. See document for further details. (gk)
September 23, 2019 Filing 150 STIPULATION to Continue Dates on Scheduling Order Re: Order,,,, Set/Reset Deadlines/Hearings,,, #148 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Grodan, Alexander)
May 29, 2019 Opinion or Order Filing 149 ORDER DENYING PLAINTIFFS' MOTION TO STRIKE MAXIM'S AFFIRMATIVE DEFENSES #120 AND MOTION FOR LEAVE TO FILE EIGHTH AMENDED COMPLAINT #118 by Judge Andre Birotte Jr. See document for further details. (gk)
May 1, 2019 Opinion or Order Filing 148 ORDER GRANTING STIPULATION TO MODIFY THE SCHEDULING ORDER by Judge Andre Birotte Jr.: Upon Stipulation #147 , IT IS HEREBY ORDERED that the Jury Trial is rescheduled to 7/21/2020 08:30 AM before Judge Andre Birotte Jr. Plaintiffs' deadline to file objections to Defendant's fee request and to otherwise comply with all other aspects of the Courts Order of 3/6/2019 is rescheduled to 10/18/2019. Final Pretrial Conference is rescheduled to 6/26/2020 11:00 AM before Judge Andre Birotte Jr. Non-Expert Discovery cut-off 2/28/2020. The last date to hear motions is rescheduled to 4/3/2020. The Deadline to Complete Settlement Conference is rescheduled to 4/17/2020. The First Round of Trial Filings is rescheduled to 6/5/2020. The Second Round of Trial Filings is rescheduled to 6/5/2020. The Deadline to File Class Certification is rescheduled to 11/15/2019. The Hearing on Motion for Class Certification is rescheduled to 1/10/2020. See document for further details. (gk)
April 25, 2019 Filing 147 Joint STIPULATION to Reschedule filed by Plaintiff Elizabeth Fuentes, Myrna Johnston. (Attachments: #1 Proposed Order)(Rutledge, Thomas)
April 16, 2019 Opinion or Order Filing 146 ORDER GRANTING STIPULATION TO CONTINUE PLAINTIFFS' DEADLINE TO FILE OBJECTIONS TO DEFENDANT'S FEE REQUEST by Judge Andre Birotte Jr.: Upon Stipulation #145 , IT IS HEREBY ORDERED that Plaintiffs' deadline to file objections to Defendant's fee request and to otherwise comply with all other aspects of the Court's 3/6/2019 Order is continued 14 days to 4/25/2019. (gk)
April 11, 2019 Filing 145 Joint STIPULATION for Attorney Fees in the amount of $$54197.50, Re: Declaration, #144 , Minutes of In Chambers Order/Directive - no proceeding held,, #140 , filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. (Attachments: #1 Proposed Order)(Rutledge, Thomas)
March 27, 2019 Filing 144 DECLARATION of Alexander L. Grodan re Declaration,, #134 in Support of Defendants Request for Attorneys Fees Pursuant to the Courts Order Granting Defendants Motion For Sanctions and Contempt Order filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Exhibit A)(Grodan, Alexander)
March 18, 2019 Opinion or Order Filing 143 ORDER GRANTING STIPULATION TO MODIFY THE SCHEDULING ORDER by Judge Andre Birotte Jr.: Upon Stipulation #141 , IT IS HEREBY ORDERED that the Jury Trial is rescheduled to 3/24/2020 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference is rescheduled to 2/28/2020 11:00 AM before Judge Andre Birotte Jr. The Last Day to Hear Motion to Amend Pleadings is rescheduled to 4/5/2019. Plaintiffs' Motion to Strike Defendant's Answer to the Eighth Amended Complaint #120 has been taken under submission and off the Court's motion calendar. Non-Expert Discovery cut-off 11/1/2019. The Last date to hear motions is rescheduled to 12/6/2019. The Deadline to Complete Settlement Conference is rescheduled to 12/20/2019. The First Round of Trial Filings is rescheduled to 2/7/2020. The Second Round of Trial Filings is rescheduled to 2/14/2020. The Deadline to File Motion for Class Certification is rescheduled to 7/12/2019. The Deadline to File Motion for Class Certification is rescheduled 9/6/2019. See document for further details. (gk)
March 12, 2019 Opinion or Order Filing 142 (IN CHAMBERS) ORDER TAKING 1) PLAINTIFFS' MOTION TO STRIKE AFFIRMATIVE DEFENSES FROM DEFENDANT MAXIM HEALTHCARE SERVICES, INC.'S ANSWER #120 ; and 2) PLAINTIFFS' MOTION FOR LEAVE TO FILE AN EIGHTH AMENDED COMPLAINT #118 UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motions and has concluded that pursuant to Local Rule 7.15, the matters can be decided without oral argument. The Court advises counsel that the Motions, noticed for hearing on March 22, 2019, have been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
March 12, 2019 Filing 141 STIPULATION to Reschedule filed by Plaintiff Elizabeth Fuentes, Myrna Johnston. (Attachments: #1 Proposed Order)(Rutledge, Thomas)
March 6, 2019 Opinion or Order Filing 140 MINUTE [In Chambers] ORDER COMPELLING DEFENDANT TO FILE BILLING RECORDS by Judge Andre Birotte Jr: The Court orders Defendant's counsel to file billing records that support Defendant's fee request. Defendant's counsel must do so within 21 days of the issuance of this order. Appropriate redactions may be made to the billing records, but the submission will neither be in camera nor under seal. Plaintiff then will have 14 days to file objections to Defendant's fee request. When Plaintiff does so, he shall notice a hearing date at least 28 days from the date he files his objections. Defendant may respond to the objections, and Plaintiff may file a reply. (jp)
February 26, 2019 Filing 139 DECLARATION of Thomas D. Rutledge In Response to Court Order of February 8, 2019 NOTICE OF MOTION AND MOTION for Sanctions and Contempt Order #116 filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. (Rutledge, Thomas)
February 25, 2019 Filing 138 OBJECTIONS to Declaration,, #134 filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order for Request for Judicial Notice)(Rutledge, Thomas)
February 22, 2019 Filing 137 Amendment to NOTICE OF MOTION AND MOTION to File an Eighth Amended Complaint #118 filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. (Attachments: #1 Memorandum, #2 Declaration of Thomas D. Rutledge, #3 Proposed Order)(Rutledge, Thomas)
February 22, 2019 Filing 136 Notice of Appearance or Withdrawal of Counsel: for attorney Michael D Singer counsel for Plaintiffs Elizabeth Fuentes, Myrna Johnston. Adding Michael D. Singer as counsel of record for Elizabeth Fuentes and Myrna Johnston for the reason indicated in the G-123 Notice. Filed by Plaintiff Elizabeth Fuentes and Myrna Johnston. (Attachments: #1 Proof of Service)(Attorney Michael D Singer added to party Elizabeth Fuentes(pty:pla), Attorney Michael D Singer added to party Myrna Johnston(pty:pla))(Singer, Michael)
February 22, 2019 Filing 135 Notice of Appearance or Withdrawal of Counsel: for attorney Isam C Khoury counsel for Plaintiffs Elizabeth Fuentes, Myrna Johnston. Adding Isam C. Khoury as counsel of record for Elizabeth Fuentes and Myrna Johnston for the reason indicated in the G-123 Notice. Filed by Plaintiff Elizabeth Fuentes and Myrna Johnston. (Attachments: #1 Proof of Service)(Attorney Isam C Khoury added to party Elizabeth Fuentes(pty:pla), Attorney Isam C Khoury added to party Myrna Johnston(pty:pla))(Khoury, Isam)
February 20, 2019 Filing 134 DECLARATION of Alexander L. Grodan re NOTICE OF MOTION AND MOTION for Sanctions and Contempt Order #116 , Order on Motion for Sanctions,,,,,, #132 - Declaration of Alexander L. Grodan in Support of Defendant's Request for Attorney's Fees Pursuant to the Court's Order Granting Defendant's Motion for Sanctions and Contempt Order - filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Proposed Order Granting Defendant Maxim Healthcare Services, Inc.'s Request for Attorneys' Fees Re: Motion for Sanctions and Contempt Order)(Grodan, Alexander)
February 19, 2019 Filing 133 MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick. The Court has read and considered all papers filed in support of and in opposition to "Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Interrogatory (Set One) No. 4, etc.", filed 2/1/19. The previously noticed 2/22/19 hearing date is vacated. The Court has taken the Motion under submission without oral argument. Within 21 days of the date of this Order, Defendant shall: (1) provide all of the discovery Defendant previously agreed to provide. (See document for further details.) (sp)
February 8, 2019 Opinion or Order Filing 132 ORDER GRANTING DEFENDANT'S MOTION FOR SANCTIONS by Judge Andre Birotte Jr.: Plaintiffs' Renewed Motion for Sanctions #116 is GRANTED. The Court imposes the following sanctions on Plaintiffs' Counsel for his wanton violation of the Courts Protective Order: First, the Court awards to Defendant all reasonable attorneys' fees and costs incurred in bringing this Motion for Sanctions. Defendant's Counsel shall submit a declaration and proposed order within ten days detailing its total amount of attorneys' fees and costs, supported by a lodestar showing. Second, Plaintiffs' Counsel is hereby disqualified from representing any individuals whose representation is, or could be, based on the solicitations and release forms distributed by Plaintiffs' Counsel. Plaintiff must immediately dismiss any new claims or actions already filed on behalf of any such individual. The sanction of disqualification is appropriate because Plaintiffs' Counsel has shown a disregard for the Court's Protective Order limiting discovery. The Court must preserve public trust in the integrity of the bar. Finally, within 30 days, Plaintiffs' Counsel shall send another letter to every person who received a solicitation letter after 9/11/2018, stating that: (1) Plaintiffs' Counsel cannot represent them in the instant litigation, (2) they do not have to communicate with Plaintiffs' Counsel, and (3) they are free to seek alternate counsel. This letter shall be filed with the Court and provided to counsel for Defendant no less than ten days before being sent to the former putative class members. (gk)
February 8, 2019 Filing 131 NOTICE OF MOTION AND MOTION to Supplement Memordandum of Law Pursuant to L.R. 37-2.3 filed by Defendant Maxim Healthcare Services, Inc.. Motion set for hearing on 2/22/2019 at 09:30 AM before Magistrate Judge Charles F. Eick. (Grodan, Alexander)
February 8, 2019 Filing 130 NOTICE OF MOTION AND MOTION to Supplement Joint Discovery Stipulation re MOTION to Compel Further Responses to Plaintiffs' Interrogatory (Set One) No. 4, Request for Production of Document (Set One) Nos. 43-44, Interrogatory (Set Two) Nos. 5-14, and Request for Production of Document (Set Two) Nos. 3, 4, 11-19, 21-23 #126 filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. Motion set for hearing on 2/22/2019 at 09:30 AM before Magistrate Judge Charles F. Eick. (Rutledge, Thomas)
February 6, 2019 Opinion or Order Filing 129 ORDER GRANTING STIPULATION TO CONTINUE HEARING DATES FOR PLAINTIFFS' MOTIONS TO STRIKE ANSWER TO SEVENTH AMENDED COMPLAINT AND EXTENSION OF TIME TO AMEND THE PLEADINGS by Judge Andre Birotte Jr.: Upon Stipulation #128 , IT IS HEREBY ORDERED that Plaintiffs' Motion for Permission to File an Eighth Amended Complaint #118 and Plaintiffs' Motion to Strike the Affirmative Defenses in Defendant's Answer to the Seventh Amended Complaint #120 are continued to 3/22/2019 at 10:00 AM before Judge Andre Birotte Jr. (gk)
February 5, 2019 Filing 128 Joint STIPULATION to Continue Motion to Amend Pleadings and Motion to Strike Defendant's Answer to the 7AC from 02/08/19; 02/15/19 to 03/22/2019 Re: NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses from Defendant Maxim Healthcare Services, Inc.'s Answer Answer to Complaint #110 #120 , NOTICE OF MOTION AND MOTION to File an Eighth Amended Complaint #118 filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. (Attachments: #1 Proposed Order)(Rutledge, Thomas)
February 1, 2019 Filing 127 REPLY In Support Of NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses from Defendant Maxim Healthcare Services, Inc.'s Answer Answer to Complaint #110 #120 filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. (Rutledge, Thomas)
February 1, 2019 Filing 126 NOTICE OF MOTION AND MOTION to Compel Further Responses to Plaintiffs' Interrogatory (Set One) No. 4, Request for Production of Document (Set One) Nos. 43-44, Interrogatory (Set Two) Nos. 5-14, and Request for Production of Document (Set Two) Nos. 3, 4, 11-19, 21-23, 26-34, 36, 38, and 41-45; and Request for Monetary Sanctions Against Defendant in the Sum of $8,915 filed by Plaintiff Elizabeth Fuentes, Myrna Johnston. Motion set for hearing on 2/22/2019 at 09:30 AM before Magistrate Judge Charles F. Eick. (Attachments: #1 Declaration of Thomas D. Rutledge, #2 Exhibit 1 of Rutledge Declaration, #3 Exhibit 2 of Rutledge Declaration, #4 Exhibit 3 of Rutledge Declaration, #5 Exhibit 4 of Rutledge Declaration, #6 Exhibit 5 of Rutledge Declaration, #7 Exhibit 6 of Rutledge Declaration, #8 Exhibit 7 of Rutledge Declaration, #9 Exhibit 8 of Rutledge Declaration, #10 Exhibit 9 of Rutledge Declaration, #11 Exhibit 10 of Rutledge Declaration, #12 Exhibit 11 of Rutledge Declaration, #13 Exhibit 12 of Rutledge Declaration, #14 Exhibit 13 of Rutledge Declaration, #15 Exhibit 14 of Rutledge Declaration, #16 Exhibit 15 of Rutledge Declaration, #17 Exhibit 16 of Rutledge Declaration, #18 Exhibit 17 of Rutledge Declaration, #19 Exhibit 18 of Rutledge Declaration, #20 Exhibit 19 of Rutledge Declaration, #21 Exhibit 20 of Rutledge Declaration, #22 Exhibit 21 of Rutledge Declaration, #23 Exhibit 22 of Rutledge Declaration, #24 Exhibit 23 of Rutledge Declaration, #25 Exhibit 24 of Rutledge Declaration, #26 Exhibit 25 of Rutledge Declaration, #27 Exhibit 26 of Rutledge Declaration, #28 Exhibit 27 of Rutledge Declaration, #29 Declaration of Isaac Dawoodjee, #30 Exhibit 1 of Dawoodjee Declaration, #31 Declaration of Alexander L. Grodan, #32 Exhibit A of Grodan Declaration, #33 Exhibit B of Grodan Declaration, #34 Exhibit C of Grodan Declaration, #35 Exhibit D of Grodan Declaration, #36 Exhibit E of Grodan Declaration, #37 Exhibit F of Grodan Declaration, #38 Exhibit G of Grodan Declaration, #39 Exhibit H of Grodan Declaration, #40 Exhibit I of Grodan Declaration, #41 Declaration of Chuck Schevitz, #42 Exhibit A of Schevitz Declaration)(Rutledge, Thomas)
February 1, 2019 Filing 125 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Defendant Maxim Healthcare's Motion for Sanctions and Contempt Order #116 . 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. (gk)
January 25, 2019 Filing 124 OPPOSITION to NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses from Defendant Maxim Healthcare Services, Inc.'s Answer Answer to Complaint #110 #120 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Declaration of Alexander Grodan in Opposition to Plaintiffs' Motion to Strike Affirmative Defenses from Defendant's Answer to Seventh Amended Complaint)(Shen, Linda)
January 25, 2019 Filing 123 REPLY In Support NOTICE OF MOTION AND MOTION to File an Eighth Amended Complaint #118 filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. (Rutledge, Thomas)
January 18, 2019 Filing 122 OPPOSITION to NOTICE OF MOTION AND MOTION to File an Eighth Amended Complaint #118 filed by Defendant Maxim Healthcare Services, Inc.. (Battenfeld, John)
January 18, 2019 Filing 121 REPLY In Support of NOTICE OF MOTION AND MOTION for Sanctions and Contempt Order #116 filed by Defendant Maxim Healthcare Services, Inc.. (Battenfeld, John)
January 14, 2019 Filing 120 NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses from Defendant Maxim Healthcare Services, Inc.'s Answer Answer to Complaint #110 filed by Plaintiff Elizabeth Fuentes, Myrna Johnston. Motion set for hearing on 2/15/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Rutledge, Thomas)
January 11, 2019 Filing 119 OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION for Sanctions and Contempt Order #116 filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. (Attachments: #1 Declaration of Heather Rosing, #2 Proposed Order of Declaration of Heather Rosing)(Rutledge, Thomas)
January 10, 2019 Filing 118 NOTICE OF MOTION AND MOTION to File an Eighth Amended Complaint filed by Plaintiff Elizabeth Fuentes, Myrna Johnston. Motion set for hearing on 2/8/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Thomas D. Rutledge) (Rutledge, Thomas)
January 2, 2019 Opinion or Order Filing 117 ORDER RE: STIPULATION TO CONTINUE DEADLINE FOR PLAINTIFFS TO FILE MOTION TO STRIKE ANSWER TO SEVENTH AMENDED COMPLAINT AND EXTENSION OF TIME TO AMEND THE PLEADINGS by Judge Andre Birotte Jr.: Upon Stipulation #114 , the Court continues the deadline for Plaintiffs to file a motion to strike affirmative defenses to the Seventh Amended Complaint and to bring a motion for leave to file an Eighth Amended Complaint to 1/14/2019. (gk)
December 28, 2018 Filing 116 NOTICE OF MOTION AND MOTION for Sanctions and Contempt Order filed by Defendant Maxim Healthcare Services, Inc.. Motion set for hearing on 2/1/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Alexander Grodan, #3 Proposed Order) (Grodan, Alexander)
December 27, 2018 Opinion or Order Filing 115 ORDER RE: STIPULATION TO MODIFY THE SCHEDULING ORDER by Judge Andre Birotte Jr.: Upon Stipulation #113 , the Court continues the deadline for Plaintiffs to bring a motion for class certification to 4/15/2019. (gk)
December 26, 2018 Filing 114 STIPULATION to Continue Deadline for Plaintiffs to File Motion to Strike Answer to Seventh Amended Complaint and Extension of Time to Amend the Pleadings filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Grodan, Alexander)
December 13, 2018 Filing 113 STIPULATION to Continue Deadline for Plaintiff's Motion for Class Certification filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Grodan, Alexander)
December 12, 2018 Filing 112 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration #107 . 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. (gk)
December 3, 2018 Opinion or Order Filing 111 (IN CHAMBERS) ORDER DENYING AS MOOT PLAINTIFFS' MOTION FOR A CONTINUANCE OF THE COURT'S DEADLINE TO FILE AND HAVE HEARD MOTIONS TO AMEND THE PLEADINGS #105 by Judge Andre Birotte Jr.: In light of this Court's recent Order Granting Plaintiffs' Ex Parte Application for a Continuance of the Court's Deadline to File and Have Heard Motions to Amend the Pleadings (Dkt. No. 109), Plaintiffs' Motion is DENIED as MOOT. (cb)
November 29, 2018 Filing 110 ANSWER to Amended Complaint/Petition #104 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Battenfeld, John)
November 28, 2018 Opinion or Order Filing 109 ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR A CONTINUANCE OF THE COURT'S DEADLINE TO FILE AND HAVE HEARD MOTIONS TO AMEND THE PLEADINGS by Judge Andre Birotte Jr.: IT IS HEREBY ORDERED that the Court GRANTS Plaintiffs' Ex Parte Application #101 . The Court hereby extends the parties' deadline to file amended pleadings to 1/18/2019. (gk)
November 24, 2018 Filing 108 NOTICE OF ERRATA filed by Defendant Maxim Healthcare Services, Inc.. correcting MEMORANDUM in Opposition to Motion, #106 (Attachments: #1 Exhibit A to Notice of Errata)(Shen, Linda)
November 23, 2018 Filing 107 DECLARATION of Alexander L. Grodan re MEMORANDUM in Opposition to Motion, #106 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Exhibit Exhibits to Grodan Declaration)(Battenfeld, John)
November 23, 2018 Filing 106 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Continue The Court's Deadline to File and Have Heard Motions to Amend the Pleadings from November 16, 2018 to January 18, 2019 #105 filed by Defendant Maxim Healthcare Services, Inc.. (Battenfeld, John)
November 15, 2018 Filing 105 NOTICE OF MOTION AND MOTION to Continue The Court's Deadline to File and Have Heard Motions to Amend the Pleadings from November 16, 2018 to January 18, 2019 filed by Plaintiff Elizabeth Fuentes, Myrna Johnston. Motion set for hearing on 12/14/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order) (Rutledge, Thomas)
November 15, 2018 Filing 104 SEVENTH AMENDED COMPLAINT against DEFENDANT DOES, Maxim Healthcare Services, Inc. amending Amended Complaint/Petition #83 , filed by Plaintiff Myrna Johnston, Elizabeth Fuentes(Rutledge, Thomas)
November 15, 2018 Filing 103 REPLY In Support Of EX PARTE APPLICATION to Continue The Court's Deadline to File and Have Heard Motions to Amend the Pleadings from November 16, 2018 to January 18, 2019 #101 filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. (Rutledge, Thomas)
November 14, 2018 Filing 102 OPPOSITION TO PLAINTIFFS EX PATE APPLICATION TO CONTINUE DEADLINE TO AMEND PLEADINGS filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Declaration and Supporting Exhibits of Alex Grodan)(Battenfeld, John)
November 13, 2018 Filing 101 EX PARTE APPLICATION to Continue The Court's Deadline to File and Have Heard Motions to Amend the Pleadings from November 16, 2018 to January 18, 2019 filed by Plaintiff Elizabeth Fuentes, Myrna Johnston. (Attachments: #1 Proposed Order) (Rutledge, Thomas)
November 13, 2018 Opinion or Order Filing 100 ORDER RE: JOINT STIPULATION PERMITTING PLAINTIFFS TO FILE A SEVENTH AMENDED COMPLAINT by Judge Andre Birotte Jr.: Upon Joint Stipulation #98 , Plaintiffs may file a Seventh Amended Complaint in the format attached and marked as Exhibit 1 to the above-referenced Joint Stipulation on or before 11/16/2018. (gk)
November 2, 2018 Filing 99 Notice of Withdrawal of Motion to Strike, #95 filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. (Rutledge, Thomas)
November 2, 2018 Filing 98 Joint STIPULATION to Amend Amended Complaint/Petition #83 filed by Plaintiffs/Defendant Elizabeth Fuentes, Myrna Johnston. (Attachments: #1 Proposed Order)(Rutledge, Thomas)
October 23, 2018 Filing 97 MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick. The Court has read and considered all papers filed in support of and in opposition to "Plaintiffs' Ex Parte Application Notice of Defendant's Violation, etc.", filed 10/19/18. The Court has taken the Application under submission without oral argument. Forthwith, Defendant belatedly shall serve the supplemental answers to Requests for Production Nos. 27, 31 and 33. Except as expressly stated herein, the Application is denied. Defendant's document production complied substantially (if no literally) with the 9/11/18 Order. (sp)
October 22, 2018 Filing 96 DEFENDANTS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION RE: ORDER ON DISCOVERY OPPOSITION re: First EX PARTE APPLICATION for Sanctions for Failure to Comply with Court Order of Sept. 11, 2018 #94 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Declaration of Alexander L. Grodan in Support of Defendants Opposition to Plaintiffs Ex Parte Application Re: Order on Discovery, #2 Exhibit A - B to Declaration of of Alexander L. Grodan in Support of Defendants Opposition to Plaintiffs Ex Parte Application Re: Order on Discovery)(Grodan, Alexander)
October 22, 2018 Filing 95 [WITHDRAWN] NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses from Defendant Maxim Healthcare Services, Inc.'s Answer Answer to Complaint (Discovery) #90 filed by Plaintiff Elizabeth Fuentes, Myrna Johnston. Motion set for hearing on 11/30/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Proposed Order Proposed Order) (Rutledge, Thomas) Modified on 11/5/2018 (cb).
October 19, 2018 Filing 94 First EX PARTE APPLICATION for Sanctions for Failure to Comply with Court Order of Sept. 11, 2018 filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. (Rutledge, Thomas)
October 15, 2018 Filing 93 Notice of Appearance or Withdrawal of Counsel: for attorney Mariko Mae Ashley counsel for Defendant Maxim Healthcare Services, Inc.. Mariko Mae Ashley is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Maxim Healthcare Services, Inc.. (Ashley, Mariko)
October 2, 2018 Opinion or Order Filing 92 STIPULATED PROTECTIVE ORDER by Magistrate Judge Charles F. Eick: granting #91 Application for Protective Order. (sp)
October 2, 2018 Filing 91 APPLICATION for Protective Order filed by Defendant Maxim Healthcare Services, Inc.. (Battenfeld, John)
October 1, 2018 Filing 90 ANSWER to Amended Complaint/Petition #83 filed by Defendant Maxim Healthcare Services, Inc..(Battenfeld, John)
September 11, 2018 Filing 89 MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick. The Court has read and considered all papers filed in support of and in opposition to "Plaintiff's Motion to Compel Further Responses to Plaintiffs' Request for Production of Documents and Interrogatories (Set One) and Request for Monetary Sanctions, etc.", filed 8/20/18. The previously noticed 9/14/18 hearing date is vacated. The Court has taken the Motion under submission without oral argument. Within 21 days of the date of this Order, Defendant shall serve a supplemental answer to Interrogatory No. 1, limited to nonexempt external homecare workers who were assigned to the same branch office(s) as Plaintiffs plus a 10 percent random sample of nonexempt external homecare workers assigned to each of Defendant's other branch offices in California. At the same time, Defendant shall serve supplemental answers and produce documents responsive to Requests for Production Nos. 27, 31 and 33, all of which may be limited to the available electronic records for nonexempt external homecare workers assigned to the same branch office(s) as Plaintiffs. (See document for details.) (sp)
September 5, 2018 Opinion or Order Filing 88 ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR A CONTINUANCE OF THE COURT'S DEADLINE TO FILE AND HAVE HEARD MOTIONS TO AMEND THE PLEADINGS by Judge Andre Birotte Jr.: IT IS HEREBY ORDERED that the Court GRANTS Plaintiffs' Ex Parte Application Seeking a Continuance of Plaintiffs' deadline to file amended pleadings #84 . The Court hereby extends the parties' deadline to file amended pleadings to 11/16/2018. (gk)
August 31, 2018 Filing 87 SUPPLEMENT to MOTION to Compel Further Responses to Plaintiffs' Request for Production of Documents and Interrogatories (Set One) and Request for Monetary Sanctions Against Defendant and its Counsel, Linda Shen, Alexander Grodan, Lincoln Bisbee, and John #82 filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. (Rutledge, Thomas)
August 31, 2018 Filing 86 SUPPLEMENT to MOTION to Compel Further Responses to Plaintiffs' Request for Production of Documents and Interrogatories (Set One) and Request for Monetary Sanctions Against Defendant and its Counsel, Linda Shen, Alexander Grodan, Lincoln Bisbee, and John #82 filed by Defendant Maxim Healthcare Services, Inc.. (Grodan, Alexander)
August 31, 2018 Filing 85 First NOTICE OF MOTION AND MOTION to Continue deadline to file motion to amend pleadings from 9/3/2018 to 11/16/2018 Re: First EX PARTE APPLICATION to Continue Deadline to file motion seeking leave to amend the pleadings from 9/3/2018 to 11/16/2018 #84 filed by Fuentes/Johnston Elizabeth Fuentes, Myrna Johnston. Motion set for hearing on 9/28/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order) (Rutledge, Thomas)
August 30, 2018 Filing 84 First EX PARTE APPLICATION to Continue Deadline to file motion seeking leave to amend the pleadings from 9/3/2018 to 11/16/2018 filed by Fuentes/Johnston Elizabeth Fuentes, Myrna Johnston. (Attachments: #1 Proposed Order) (Rutledge, Thomas)
August 30, 2018 Filing 83 Sixth AMENDED COMPLAINT against Defendant Myrna Johnston, Elizabeth Fuentes amending Amended Complaint/Petition #70 , filed by Fuentes/Johnston Myrna Johnston, Elizabeth Fuentes(Rutledge, Thomas)
August 20, 2018 Filing 82 NOTICE OF MOTION AND MOTION to Compel Further Responses to Plaintiffs' Request for Production of Documents and Interrogatories (Set One) and Request for Monetary Sanctions Against Defendant and its Counsel, Linda Shen, Alexander Grodan, Lincoln Bisbee, and John Battenfeld, Jointly and Severally in the Sum of $13,125 filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. Motion set for hearing on 9/14/2018 at 09:30 AM before Magistrate Judge Charles F. Eick. (Attachments: #1 Declaration Declaration of Thomas D. Rutledge, #2 Exhibit Exhibit 1 to Declaration of Thomas D. Rutledge, #3 Exhibit Exhibit 2 to Declaration of Thomas D. Rutledge, #4 Exhibit Exhibit 3 to Declaration of Thomas D. Rutledge, #5 Exhibit Exhibit 4 to Declaration of Thomas D. Rutledge, #6 Declaration Declaration of Alexander L. Grodan, #7 Exhibit Exhibit A to Declaration of Alexander L. Grodan)(Rutledge, Thomas)
August 14, 2018 Opinion or Order Filing 81 ORDER RE JURY TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 11/5/2019 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference set for 10/11/2019 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 9/3/2018. Non-Expert Discovery cut-off 5/15/2019. Last Date to Hear Motions 7/26/2019. Deadline to Complete Settlement Conference 8/9/2019. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 9/13/2019. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 9/27/2019. (gk)
August 10, 2018 Filing 80 REPORT of Joint Discovery R. 26 filed by Plaintiffs Elizabeth Fuentes, Myrna Johnston. (Rutledge, Thomas)
August 9, 2018 Opinion or Order Filing 79 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS OR STRIKE IN PART AND DENYING IT IN PART by Judge Andre Birotte Jr.: the Court GRANTS Defendant's motion to dismiss or strike #72 in part and DENIES it in part. Plaintiffs will have an opportunity to amend the claims that the Court has dismissed. If Plaintiffs decide to file an amended complaint, they must do so within 21 days of the issuance of this order. (gk)
July 24, 2018 Opinion or Order Filing 78 (IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: On June 8, 2018, the Court ordered the parties to meet and confer and submit a new Rule 26(f) report. (Dkt. No. 69.) The parties have yet to submit such a report. The Court ORDERS the parties to file a new Rule 26(f) report by August 10, 2018. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
July 20, 2018 Filing 77 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Fifth Amended Complaint #72 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Declaration of Alexander Grodan)(Grodan, Alexander)
July 17, 2018 Opinion or Order Filing 76 ORDER GRANTING STIPULATION TO ALLOW FILING OF CORRECTED OPPOSITION AND TO MODIFY BRIEFING SCHEDULE AND CONTINUE HEARING DATE ON DEFENDANT'S MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS' FIFTH AMENDED COMPLAINT by Judge Andre Birotte Jr.: The Court GRANTS the Stipulation #75 , and hereby (1) Strikes the Opposition filed on 7/6/2018 #74 ; (2) Permits the corrected Opposition attached as Exhibit A to the Stipulation to be deemed filed on 7/13/2018; (3) Sets the deadline for filing of Defendant's Reply to the corrected Opposition for 7/20/2018; and (4) Continues the hearing on Defendant's Motion to Dismiss and/or Strike Plaintiffs' Fifth Amended Complaint #72 to 8/10/2018 at 10:00 AM before Judge Andre Birotte Jr. (gk)
July 13, 2018 Filing 75 Joint STIPULATION to Correct Response #74 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order [Proposed] Order)(Battenfeld, John)
July 6, 2018 Filing 74 * STRICKEN * RESPONSE filed by Plaintiffs Elizabeth Fuentes, Myrna Johnstonto Request for Judicial Notice, #73 , NOTICE OF MOTION AND MOTION to Dismiss Fifth Amended Complaint #72 Fuentes Plaintiffs (Rutledge, Thomas) * DOCUMENT STRICKEN PURSUANT TO THE ORDER OF 7/17/2018 #76 ** Modified on 7/18/2018 (gk).
June 25, 2018 Filing 73 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Fifth Amended Complaint #72 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Battenfeld, John)
June 25, 2018 Filing 72 NOTICE OF MOTION AND MOTION to Dismiss Fifth Amended Complaint filed by Defendant Maxim Healthcare Services, Inc.. Motion set for hearing on 7/27/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss and/or Strike Plaintiffs Fuentes and Johnson's Fifth Amended Complaint, #2 Exhibit 1, #3 Proposed Order Granting Defendant's Motion to Dismiss and/or Strike Plaintiffs Fuentes and Johnson's Fifth Amended Complaint) (Battenfeld, John)
June 19, 2018 Filing 71 NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDINGS filed by Defendant Maxim Healthcare Services, Inc.. (Grodan, Alexander)
June 11, 2018 Filing 70 Fifth AMENDED COMPLAINT against Defendants Elizabeth Fuentes amending Amended Complaint/Petition, #64 , filed by Plaintiffs Fuentes and Johnston Elizabeth Fuentes (Attachments: #1 Unredacted Document)(Rutledge, Thomas)
June 8, 2018 Filing 69 MINUTES OF SCHEDULING CONFERENCE held before Judge Andre Birotte Jr. For the reasons stated on the record, plaintiffs shall file a Fifth Amended Complaint by no later than the close of business, Monday. The Court orders counsel to meet and confer and submit a new Rule 26(f) report. The Scheduling Conference is taken under submission. Court Reporter: Terri Hourigan. (rfi)
June 7, 2018 Filing 68 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Second Amended Complaint filed 5/23/2018 #64 . The document is stricken. (gk)
June 6, 2018 Filing 67 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #64 . The following error(s) was/were found: Leave of court required for 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)
June 1, 2018 Filing 66 JOINT REPORT Rule 26(f) Discovery Plan filed by Defendant Maxim Healthcare Services, Inc... (Attachments: #1 Exhibit 1 - Schedule of Pretrial and Trial Dates Worksheet)(Battenfeld, John)
June 1, 2018 Filing 65 NOTICE of Appearance filed by attorney Alexander L Grodan on behalf of Defendant Maxim Healthcare Services, Inc. (Attorney Alexander L Grodan added to party Maxim Healthcare Services, Inc.(pty:dft))(Grodan, Alexander)
May 23, 2018 Filing 64 * STRICKEN * Second Amended Complaint AMENDED COMPLAINT against Defendant Maxim Healthcare Inc. Elizabeth Fuentes amending Amended Complaint/Petition, #56 , filed by Plaintiffs Elizabeth Fuentes(Rutledge, Thomas) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 6/7/2018 #68 ** Modified on 6/7/2018 (gk).
May 10, 2018 Opinion or Order Filing 63 ORDER RE STIPULATION TO CONTINUE DEADLINES FOR EXCHANGE OF INITIAL DISCLOSURES AND FILING OF AMENDED RULE 26(F) REPORT, AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE by Judge Andre Birotte Jr, re Stipulation to Continue #62 . The Court GRANTS the Stipulation and hereby 1. continues the Parties' deadline to exchange initial disclosures to June 1, 2018; 2. continues the Parties' deadline to file an amended Rule 26(f) report (along with a chambers copy) to June 1, 2018; and 3. continues the Scheduling Conference, previously scheduled for May 25, 2018, to June 8, 2018, at 10:00 am. before Judge Andre Birotte Jr. (smo)
May 4, 2018 Filing 62 STIPULATION to Continue Parties deadline to exchange Initial Disclosures; deadline to file an amended Rule 26(f) Report; and continue Scheduling Conference from April 27, 2018, May 4, 2018 and May 25, 2018 to June 1, 2018; June 1, 2018, and June 8, 2018 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Proposed Order Re Stipulation To Continue Deadlines For Exchange Of Initial Disclosures And Filing Of Amended Rule 26(F) Report, And To Continue Initial Case Management Conference)(Battenfeld, John)
May 2, 2018 Opinion or Order Filing 61 (IN CHAMBERS) ORDER CONTINUING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. In light of this Court's recent Order Denying Plaintiffs' Intent to Sever Consolidated Complaint and File Separate Amended Complaints (Dkt. No. 60), the previously set Scheduling Conference is hereby continued from May 4, 2018, to Friday, May 25, 2018, at 10:00 am before Judge Andre Birotte Jr. The parties are directed to file aN Amended Joint Rule 16(b) Report no later than May 18, 2018. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
May 1, 2018 Opinion or Order Filing 60 ORDER DENYING PLAINTIFFS' INTENT TO SEVER CONSOLIDATED COMPLAINT AND FILE SEPARATE AMENDED COMPLAINTS by Judge Andre Birotte Jr.: The Court, having considered Plaintiffs Maria Duran and Elizabeth Fuentes' Notice re: Plaintiffs' Intent to Sever Consolidated Complaint and File Separate Amended Complaints #56 -1, hereby orders as follows: IT IS HEREBY ORDERED THAT Plaintiffs' request to sever or unconsolidate Plaintiffs' consolidated complaint and file separate amended complaint is DENIED. (gk)
April 27, 2018 Filing 59 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10-15 Days, filed by Defendant Maxim Healthcare Services, Inc... (Attachments: #1 Exhibit 1 - Schedule of Pretrial and Trial Dates Worksheet)(Bisbee, Lincoln)
April 27, 2018 Filing 58 Discovery REPORT of Rule 26f filed by Plaintiffs Maria Duran, Elizabeth Fuentes. (Rutledge, Thomas)
April 27, 2018 Filing 57 NOTICE of Appearance filed by attorney Linda Z Shen on behalf of Defendant Maxim Healthcare Services, Inc. (Attorney Linda Z Shen added to party Maxim Healthcare Services, Inc.(pty:dft))(Shen, Linda)
April 20, 2018 Filing 56 2nd/Fifth AMENDED COMPLAINT against Defendant All Plaintiffs amending Amended Complaint/Petition #17 , Complaint - (Discovery), Amended Complaint/Petition #8 , Amended Complaint/Petition #36 , Amended Complaint, filed by Plaintiffs Maria Duran, Elizabeth Fuentes (Attachments: #1 Proposed Order)(Rutledge, Thomas)
April 16, 2018 Opinion or Order Filing 55 ORDER RE STIPULATION TO CONTINUE DEADLINES FOR FILING OF AMENDED COMPLAINT, EXCHANGE OF INITIAL DISCLOSURES, FILING OF RULE 26(F) REPORT, AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE by Judge Andre Birotte Jr.: Upon Stipulation #53 , the Court continues Plaintiff's deadline to file a fifth amended complaint to 4/20/2018. The Court continues the Parties' deadline to file the Rule 26(f) report to 4/27/2018. The Court continues the Parties' deadline to exchange initial disclosures to 5/4/2018. The Court continues the Scheduling Conference to 5/4/2018 at 10:00 AM before Judge Andre Birotte Jr. (gk)
April 13, 2018 Filing 54 Notice of Appearance or Withdrawal of Counsel: for attorney Shannon Bettis Nakabayashi counsel for Defendant Maxim Healthcare Services, Inc.. Shannon B. Nakabayashi is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Maxim Healthcare Services, Inc.. (Nakabayashi, Shannon)
April 5, 2018 Filing 53 STIPULATION to Continue Deadline to file Fifth Amended Complaint, Parties deadline to file the Rule 26(f) report, Parties deadline to exchange Initial Disclosures and continue Scheduling Conference from April 6, 2018, April 6, 2018, March 30, 2018, and May 4, 2018 to April 20, 2018, April 27, 2018, May 4, 2018, and May 4, 2018 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Proposed Order Stipulation To Continue Deadlines For Filing Of Amended Complaint, Exchange Of Initial Disclosures, And Filing Of Rule 26(F) Report, And To Continue Initial Case Management Conference)(Battenfeld, John)
March 26, 2018 Opinion or Order Filing 52 ORDER by Judge Andre Birotte Jr: GRANTING #51 Non-Resident Attorney Lincoln O. Bisbee APPLICATION to Appear Pro Hac Vice on behalf of Defendant, Maxim Healthcare Services, Inc., designating John S. Battenfeld as local counsel. (shb)
March 19, 2018 Filing 51 APPLICATION of Non-Resident Attorney Lincoln O. Bisbee to Appear Pro Hac Vice on behalf of Defendant Maxim Healthcare Services, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21437454) filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Proposed Order) (Battenfeld, John)
March 9, 2018 Opinion or Order Filing 50 ORDER RE DEFENDANT MAXIM HEALTHCARE SERVICES INC'S MOTION TO DISMISS by Judge Andre Birotte Jr.: The Court GRANTS Defendant's Motion to Dismiss #38 in part and DENIES it in part, with leave to amend as to Plaintiffs' claims that the Court did not dismiss with prejudice. The Court grants Plaintiffs leave to amend as to certain claims because despite the fact that Plaintiffs are on their 4AC, this is the first time that the Court has examined Plaintiffs' claims, and is not entirely clear to the Court that amendment would be futile. The Court cautions Plaintiffs, however, that failure to allege sufficient factual details in an amended pleading, may result in dismissal of those amended claims with prejudice. If Plaintiffs elect to file an amended complaint, they must do so no later than 4/6/2018. (gk)
March 8, 2018 Opinion or Order Filing 49 (IN CHAMBERS) ORDER TAKING DEFENDANT MAXIM HEALTHCARE SERVICES,INC.'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO STRIKE PLAINTIFFS' FOURTH AMENDED COMPLAINT (DKT. #38 ) 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 March 9, 2018, 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. (cb) TEXT ONLY ENTRY
March 2, 2018 Opinion or Order Filing 48 ORDER by Judge Andre Birotte Jr.: Plaintiffs Fuentes and Duran's Ex Parte Application pursuant to Local Rule 7-10 for leave to file a Sur-Reply in response to Defendant Maxim Healthcare Services, Inc.'s Reply it filed in support of its Motion to Dismiss and/or Strike ("MTD") Plaintiffs' Fourth Amended Complaint #45 is GRANTED. The Sur-Reply attached to the Declaration of Thomas D. Rutledge filed in support of the foregoing Application is deemed filed. (gk)
March 1, 2018 Filing 47 OPPOSITION to First EX PARTE APPLICATION for Leave to file Sur-Reply #45 filed by Defendant Maxim Healthcare Services, Inc.. (Nakabayashi, Shannon)
February 28, 2018 Filing 46 CERTIFICATE OF SERVICE filed by Plaintiffs Maria Duran, Elizabeth Fuentes, re First EX PARTE APPLICATION for Leave to file Sur-Reply #45 served on 2/28/2018. (Rutledge, Thomas)
February 28, 2018 Filing 45 First EX PARTE APPLICATION for Leave to file Sur-Reply filed by Plaintiffs Maria Duran, Elizabeth Fuentes. (Rutledge, Thomas)
February 23, 2018 Filing 44 DECLARATION of Shannon Nakabayashi In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case or, in the Alternative, to Strike Plaintiffs' Fourth Amended Complaint #38 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Nakabayashi, Shannon)
February 23, 2018 Filing 43 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss Case or, in the Alternative, to Strike Plaintiffs' Fourth Amended Complaint #38 filed by Defendant Maxim Healthcare Services, Inc.. (Nakabayashi, Shannon)
February 16, 2018 Filing 42 NOTICE OF SERVICE filed by Plaintiff Maria Duran, re MEMORANDUM in Opposition to Motion #41 electronically served on Feb 16, 2018. (Moss, Ari)
February 16, 2018 Filing 41 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case or, in the Alternative, to Strike Plaintiffs' Fourth Amended Complaint #38 filed by Plaintiff Maria Duran. (Moss, Ari)
February 7, 2018 Opinion or Order Filing 40 ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 4/20/2018 at 10:00 AM before Judge Andre Birotte Jr. (cb)
February 6, 2018 Filing 39 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case or, in the Alternative, to Strike Plaintiffs' Fourth Amended Complaint #38 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Battenfeld, John)
February 5, 2018 Filing 38 NOTICE OF MOTION AND MOTION to Dismiss Case or, in the Alternative, to Strike Plaintiffs' Fourth Amended Complaint filed by Defendant Maxim Healthcare Services, Inc.. Motion set for hearing on 3/9/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss and/or to Strike Plaintiff's Fourth Amended Complaint, #2 Proposed Order Granting Defendant's Motion to Dismiss or, in the Alternative, to Strike Plaintiffs' Fourth Amended Complaint) (Battenfeld, John)
January 12, 2018 Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #36 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk)
January 5, 2018 Filing 36 Fourth AMENDED COMPLAINT against Defendants All Plaintiffs amending Amended Complaint/Petition #17 , Complaint - (Discovery), Amended Complaint/Petition #8 , Amended Complaint, filed by Plaintiffs Maria Duran(Rutledge, Thomas)
December 28, 2017 Opinion or Order Filing 35 ORDER GRANTING JOINT MOTION TO CONSOLIDATE by Judge Andre Birotte Jr.: The Joint Motion to Consolidate #34 is hereby granted. IT IS HEREBY ORDERED that Plaintiff Fuentes' putative class action against the named Defendant in the Central District of California, Case No. 2:17-cv-08932-PA-AS is hereby consolidated to this Court under the case entitled Duran v. Maxim Healthcare Services, Inc., et al., Case No. 2:17-cv-01072-AB-E. (gk)
December 20, 2017 Filing 34 Joint STIPULATION to Consolidate Cases as to 2:17-cv-08932 filed by Plaintiff Duran, et al. Maria Duran. (Attachments: #1 Proposed Order)(Rutledge, Thomas)
December 18, 2017 Filing 33 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Association of Counsel #31 by Clerk. The document is stricken and counsel is ordered to file an amended or corrected document. (lom)
December 15, 2017 Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Association of Counsel #31 . The following error(s) was/were found: Signature missing from Notice of Association re: Thomas Rutledge 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. (ak)
December 14, 2017 Filing 31 Document is stricken, see docket entry no. #33 - NOTICE of Association of Counsel associating attorney Thomas D. Rutledge on behalf of Plaintiff Maria Duran. Filed by Plaintiff Maria Duran (Moss, Ari) Modified on 12/18/2017 (lom).
December 13, 2017 Opinion or Order Filing 30 ORDER GRANTING STIPULATION RE DEADLINE TO RESPOND TO THIRD AMENDED COMPLAINT PENDING POSSIBLE CONSOLIDATION AND FILING OF FOURTH AMENDED COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation #29 , IT IS HEREBY ORDERED that Defendant shall not be required to respond to the Third Amended Complaint #17 pending filing of the Fourth Amended Complaint and Defendant's response to the amended and consolidated complaint shall be filed within 30 days after service of the amended complaint. (gk)
December 11, 2017 Filing 29 STIPULATION Extending Time to Answer the complaint as to re Stipulation to Continue, #27 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Proposed Order Granting Stipulation Re Deadline to Respond to Third Amended Complaint Pending Possible Consolidation and Filing of Fourth Amended Complaint)(Fahy, Brian)
November 27, 2017 Opinion or Order Filing 28 ORDER GRANTING STIPULATION TO CONTINUE DEADLINE TO RESPOND TO THIRD AMENDED COMPLAINT PENDING POSSIBLE CONSOLIDATION AND FILING OF FOURTH AMENDED COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation #27 , Defendant Maxim Healthcare Services, Inc.'s deadline to respond to the Third Amended Complaint #17 shall be and hereby is continued to 12/1/2017. (gk)
November 17, 2017 Filing 27 Second STIPULATION to Continue Deadline to Respond to Third Amended Complaint from November 17, 2017 to December 1, 2017 Re: Amended Complaint/Petition #17 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Proposed Order Granting Stipulation to Continue Deadline to Respond to Third Amended Complaint Pending Possible Consolidation and Filing of Fourth Amended Complaint)(Nakabayashi, Shannon)
November 3, 2017 Opinion or Order Filing 26 ORDER GRANTING STIPULATION TO CONTINUE DEADLINE TO RESPOND TO THIRD AMENDED COMPLAINT PENDING POSSIBLE CONSOLIDATION AND FILING OF FOURTH AMENDED COMPLAINT by Judge Andre Birotte Jr. Based on the Parties' Joint Stipulation to Continue the Deadline for Defendant to Respond to the Third Amended Complaint #25 , and good cause shown: IT IS HEREBY ORDERED: Defendant's deadline to respond to the TAC shall be and hereby is continued from November 3, 2017 to November 17, 2017. (iv)
October 31, 2017 Filing 25 Joint STIPULATION to Continue Deadline to Respond to Third Amended Complaint Pending Possible Consolidation and Filing of Fourth Amended Complaint from November 3, 2017 to November 17, 2017 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Nakabayashi, Shannon)
October 31, 2017 Filing 24 NOTICE of Appearance filed by attorney Brian D Fahy on behalf of Defendant Maxim Healthcare Services, Inc. (Attorney Brian D Fahy added to party Maxim Healthcare Services, Inc.(pty:dft))(Fahy, Brian)
October 27, 2017 Filing 23 NOTICE of Related Case(s) filed by Plaintiff Maria Duran. Related Case(s): 3:17-cv- 02178-CAB-NLS (Attachments: #1 Exhibit Complaint)(Moss, Ari)
October 24, 2017 Opinion or Order Filing 22 ORDER GRANTING EXTENSION DEADLINES by Judge Andre Birotte Jr. The Court, having considered the stipulation submitted by the parties #21 hereby finds: The parties will further meet and confer as required by the local rules by October 27, 2017; Defendant will have an extension of time until November 3, 2017 to respond to the complaint. If Defendant files a Motion to Dismiss on November 3, 2017, it will set it to be heard by the Court on December 1, 2017; Plaintiff will file her Opposition by November 10, 2017; and Defendant will file its Reply by November 17, 2017. (iv)
October 19, 2017 Filing 21 STIPULATION for Extension of Time to File Response to Complaint filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Proposed Order Granting Extension Deadlines)(Attorney Mariko Mae Ashley added to party Maxim Healthcare Services, Inc.(pty:dft))(Ashley, Mariko)
September 14, 2017 Opinion or Order Filing 20 ORDER GRANTING EXTENSION DEADLINES by Judge Andre Birotte Jr.: Upon Stipulation #19 , the Court finds: The parties will further meet and confer as required by the local rules by 9/30/2017. Defendant Maxim Healthcare Services, Inc. may have an extension of time until 10/20/2017 to respond to the Third Amended Complaint #17 . If Defendant files a Motion to Dismiss on 10/20/2017, it will set it to be heard by the Court on 11/17/2017; Plaintiff will file her Opposition by 10/27/2017; and Defendant will file its Reply by 11/3/2017. (gk)
September 13, 2017 Filing 19 STIPULATION for Extension of Time to File Response to Third Amended Complaint filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Proposed Order Granting Extension of Deadlines)(Battenfeld, John)
September 12, 2017 Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Third Amended Complaint #17 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. The Order of 7/21/2017 directed plaintiff to file a Third Amended Complaint within 14 days of the Order.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv)
August 23, 2017 Filing 17 THIRD AMENDED COMPLAINT against Defendant Maria Duran amending Amended Complaint/Petition #8 , filed by Plaintiff Maria Duran(Moss, Dennis)
July 21, 2017 Opinion or Order Filing 16 ORDER ALLOWING PLAINTIFF TO FILE THIRD AMENDED COMPLAINT by Judge Andre Birotte Jr., re Stipulation for Leave #15 . The Court hereby finds: 1. Based on the parties' stipulation, Plaintiff shall file a Third Amended Complaint within 14 days of this Order; 2. The parties will meet and confer as required by the Local Rule 7-3 with regard to Defendant's objections to SAC and Plaintiff will file a TAC based on those discussions; 3. Defendant will respond to the TAC according to the deadlines set forth in FCRP 12(a); and 4. Defendant will not be required to respond to the SAC. Its failure to do so will not be deemed a waiver of any legal argument or affirmative defense. (smo)
July 19, 2017 Filing 15 Joint STIPULATION for Leave to File Third Amended Complaint filed by Plaintiff Maria Duran. (Attachments: #1 Proposed Order)(Moss, Dennis)
July 18, 2017 Filing 14 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
June 20, 2017 Opinion or Order Filing 13 ORDER GRANTING EXTENSION DEADLINES by Judge Andre Birotte Jr. The Court, having considered the stipulation #11 submitted by the parties hereby finds: 1. The parties will further meet and confer as required by the local rules; 2. Defendant may have an extension of time until July 19, 2017 to respond to the complaint. (smo)
June 15, 2017 Filing 12 CERTIFICATE of Interested Parties filed by Plaintiff Maria Duran, (Moss, Dennis)
June 14, 2017 Filing 11 STIPULATION Extending Time to Answer the complaint as to Maxim Healthcare Services, Inc. answer now due 7/19/2017, re Amended Complaint/Petition #8 filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Nakabayashi, Shannon)
June 14, 2017 Filing 10 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Amended Complaint/Petition #8 by Clerk of Court. Per Local Rule 7.1-1, counsel shall immediately file the Certificate of Interested Parties.. (shb)
June 13, 2017 Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Second Amended Complaint #8 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (iv)
May 31, 2017 Filing 8 SECOND AMENDED COMPLAINT against Defendant Maxim Healthcare Services, Inc. amending Complaint - (Discovery), filed by Plaintiff Maria Duran(Attorney Dennis Frank Moss added to party Maria Duran(pty:pla))(Moss, Dennis)
March 6, 2017 Opinion or Order Filing 7 ORDER GRANTING RELIEF FROM LOCAL RULE 23-3 AND GRANTING EXTENSION DEADLINES by Judge Andre Birotte Jr.: Based on the parties' Stipulation #6 , Plaintiff is not required to meet the timing requirements of Local Rule 23-3. Instead, a customized schedule for class certification in this case, as well as other appropriate matters, shall be addressed by the Parties at the early meeting of counsel in advance of the first status conference and be set as part of the initial scheduling order under Rule 16(b) of the Federal Rules of Civil Procedure. The parties will further meet and confer as required by the Local Rule 7-3 with regard to Defendant's objections to FAC and Plaintiff will file a SAC based on those discussions. See document for further details. (gk)
February 16, 2017 Filing 6 STIPULATION for Relief from Local Rule 23-3; Stipulation to Extend Deadlines filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Nakabayashi, Shannon)
February 13, 2017 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
February 13, 2017 Filing 4 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Charles F. Eick. (jtil)
February 9, 2017 CONFORMED COPY OF COMPLAINT filed by Plaintiff Maria Duran in Los Angeles Superior Court on 4/8/2016, and attached to Notice of Removal #1 as Exhibit A. (jtil)
February 9, 2017 FIRST AMENDED COMPLAINT filed by Plaintiff Maria Duran in Los Angeles Superior Court on 12/15/2016, and attached to Notice of Removal #1 as Exhibit D. (jtil)
February 9, 2017 Filing 3 NOTICE of Interested Parties filed by Defendant Maxim Healthcare Services, Inc., (Nakabayashi, Shannon)
February 9, 2017 Filing 2 CIVIL COVER SHEET filed by Defendant Maxim Healthcare Services, Inc.. (Nakabayashi, Shannon)
February 9, 2017 Filing 1 NOTICE OF REMOVAL from Los Angeles Superior, case number BC607342 Receipt No: 0973-19341497 - Fee: $400, filed by Defendant Maxim Healthcare Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Declaration of Eleanor Arruda-Hackney, #7 Exhibit A) (Attorney Shannon Bettis Nakabayashi added to party Maxim Healthcare Services, Inc.(pty:dft))(Nakabayashi, Shannon)

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Search for this case: Maria Duran v. Maxim Healthcare Services, Inc.
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Defendant: Maxim Healthcare Services, Inc.
Represented By: Alexander L Grodan
Represented By: John S Battenfeld
Represented By: Lincoln O Bisbee
Represented By: Linda Z. Shen
Represented By: Brian D. Fahy
Represented By: Karen Y Cho
Represented By: Mariko Mae Ashley
Represented By: Shannon Bettis Nakabayashi
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Defendant: DOES 1 through 50 inclusive
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Plaintiff: Duran
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Plaintiff: Maria Duran
Represented By: Ari Emanuel Moss
Represented By: Dennis Frank Moss
Represented By: Jeremy F Bollinger
Represented By: Sahag Majarian, II
Represented By: Thomas Drew Rutledge
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Plaintiff: Elizabeth Fuentes
Represented By: Dennis Frank Moss
Represented By: Jeremy F Bollinger
Represented By: Diana M Khoury
Represented By: Isam C Khoury
Represented By: Michael D Singer
Represented By: Sahag Majarian, II
Represented By: Thomas Drew Rutledge
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Plaintiff: Myrna Johnston
Represented By: Diana M Khoury
Represented By: Isam C Khoury
Represented By: Michael D Singer
Represented By: Thomas Drew Rutledge
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