James S. Evans v. Wal Mart Stores, Inc.
| James S. Evans and Keineisha Smith |
| Wal-Mart Stores, Inc. and DOES 1 through 50, inclusive |
| Ana Anguiano-Tamayo |
| 2:2017cv07641 |
| October 18, 2017 |
| US District Court for the Central District of California |
| Andre Birotte |
| Kenly Kiya Kato |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on December 6, 2022. A more recent docket listing may be available from PACER.
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Filing 272
ORDER GRANTING PLAINTIFF JAMES S. EVANS' MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND ENTRY OF FINAL JUDGMENT by Judge Andre Birotte Jr.: The Court GRANTS final approval of the Settlement #263 , and HEREBY ORDERS, ADJUDGES and DECREES as follows: The class is finally certified for settlement purposes only. The parties are hereby ordered to comply with the terms of the Settlement. The parties will bear their own costs and attorneys' fees except as provided in the Settlement. The Court finds that Plaintiffs request for $11,666,666.66 in fees (one-third of the Settlement Amount) and $158,765.80 in costs is reasonable. Therefore, the Court orders this amount be paid to Settlement Class Counsel from the Class Settlement Amount. The Settlement Administrator is awarded $535,475.00 to be paid from the Class Settlement Amount (which Walmart has already paid to the Settlement Administrator). The Court finds that the requested Settlement Class Representative Award of $20,000.00 is reasonable and orders that it be paid from the Class Settlement Amount. See document for further details. (gk)
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| Filing 271 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Plaintiff's Motion for Final Approval of Class Action Settlement #263 . 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) |
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Filing 270
ORDER #262 by Judge Andre Birotte Jr. Having considered the parties stipulation, and good cause appearing therefor, IT IS SO ORDERED that: 1. Plaintiff is granted leave to file his Motion for Final Approval of Class Action Settlement that exceeds the page limits set forth in Local Rule 11-6 of up to 35 pages. (rolm)
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| Filing 268 [PROPOSED] ORDER GRANTING PLAINTIFF JAMES S. EVANS' MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND ENTRY OF FINAL JUDGMENT re NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement #263 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 267 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement #263 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. The filer set this motion for hearing on 12/2/2022 at 11:00 AM. The Order of 6/30/2022 set the Final Approval Hearing for 12/2/2022 at 10:00 AM. A Joint Stipulation to File Papers Exceeding Page Limits is concurrently filed. 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) |
| Filing 269 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement #263 by Judge Andre Birotte Jr. The hearing date has been rescheduled. Motion set for hearing on 12/2/2022 at 10:00 AM before Judge Andre Birotte Jr. (rolm) |
| Filing 266 DECLARATION of Kevin Lee in support of NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement #263 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 265 DECLARATION of Stanley D. Saltzman in support of NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement #263 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 264 DECLARATION of Shaun Setareh in support of NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement #263 filed by Plaintiff James S. Evans. (Attachments: #1 Exhibit 1 - Amended Settlement Agreement (executed), #2 Exhibit 2 - Amended Settlement Agreement (redlined), #3 Exhibit 3 - Costs, #4 Exhibit 4 - Billing Chart by Attorney, #5 Exhibit 5 - Billing Chart by Task)(Setareh, Chaim) |
| Filing 263 NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement filed by plaintiff James S. Evans. Motion set for hearing on 12/2/2022 at 11:00 AM before Judge Andre Birotte Jr. (Setareh, Chaim) |
| Filing 262 Joint STIPULATION to Exceed Page Limitation as to Motion for Final Approval of Class Action Settlement filed by Plaintiff James S. Evans. (Attachments: #1 Proposed Order Proposed Order)(Pao, William) |
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Filing 261
ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION AND DENYING AS MOOT MOTION FOR RECONSIDERATION by Judge Andre Birotte Jr.: The Court hereby ORDERS that Plaintiff's Unopposed Renewed Motion for Preliminary Approval of Class Settlement #258 is GRANTED. The Court APPROVES the establishment of the Qualified Settlement Fund in accordance with the terms of the Amended Settlement Agreement. Final Approval Hearing will be held on 12/2/2022 at 10:00 AM. Defendant's Motion for Reconsideration of the Court's Order Denying Preliminary Approval of Class Action Settlement #255 is DENIED as moot. See document for further details. (gk)
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| Filing 260 DECLARATION of William M. Pao Re Compliance with Labor Code Section 2699.3(b)(4) filed by Plaintiff James S. Evans. (Pao, William) |
| Filing 259 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Renewed NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #258 . The following error(s) was/were found: Local Rule 11-6 Memorandum/brief exceeds 25 pages. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 258 Renewed NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiff James S. Evans. Motion set for hearing on 7/1/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Shaun Setareh, #2 Declaration of Stanley D. Saltzman, #3 Declaration Plaintiff James S. Evans, #4 Proposed Order Granting Motion for Preliminary Approval of Class Action Settlement) (Setareh, Chaim) |
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Filing 257
MINUTES (IN CHAMBERS) ORDER REGARDING RENEWED MOTION FOR PRELIMINARY APPROVAL by Judge Andre Birotte Jr.: Before the Court is Defendant Walmart Inc.'s Motion for Reconsideration of the Court's 3/21/2022 Order Denying Preliminary Approval of the Class Action Settlement #255 . Plaintiff James S. Evans does not oppose the Motion for Reconsideration. On 5/6/2022, the Court heard oral argument regarding the Motion for Reconsideration. On 5/18/2022, the parties emailed the Court a revised Settlement Agreement addressing the overbreadth issue raised at the 5/6/2022 hearing. Accordingly, the parties are ORDERED to file a Renewed Motion for Preliminary Approval no later than 6/3/2022. After the Court reviews and considers the parties' Renewed Motion for Preliminary Approval, the Court will issue an order regarding the Renewed Motion for Preliminary Approval and Motion for Reconsideration. Court Reporter: N/A. (gk)
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| Filing 256 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Walmart's Unopposed Motion for Reconsideration of Court's 3/21/2022 Order Denying Preliminary Approval of Class Action Settlement #255 . 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: Gaye Limon. (gk) |
| Filing 255 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Settlement, #254 Walmart's Unopposed Motion for Reconsideration of Court's March 21, 2022 Order Denying Preliminary Approval of Settlement filed by Defendant Wal-Mart Stores, Inc.. Motion set for hearing on 5/6/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration Declaration of Naomi Beer in support of Unopposed Motion for Reconsideration of Court's March 21, 2022 Order Denying Preliminary Approval of Settlement, #2 Exhibit 1 to Beer Declaration ISO Unopposed Motion for Reconsideration of Court's March 21, 2022 Order Denying Preliminary Approval of Settlement) (Herrington, Robert) |
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Filing 254
ORDER DENYING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION by Judge Andre Birotte Jr.: The Court DENIES without prejudice Plaintiff's Motion for Preliminary Approval of the Class Settlement #239 . The Court ORDERS Plaintiff to re-file an Amended Motion for Preliminary Approval of the Class Settlement to conform with the deficiencies noted in this order within 90 days from the issuance of this Order. (gk)
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Filing 253
ORDER DENYING MOTION TO INTERVENE by Judge Andre Birotte Jr.: The Court DENIES Proposed Intervenor Ana Anguiano-Tamayo's Motion to Intervene and Object to the Motion for Preliminary Approval of Class Action Settlement filed by Plaintiff #241 . See document for further details. (gk)
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| Filing 252 MINUTES OF 1) MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #239 ; 2) PROPOSED INTERVENOR'S MOTION TO INTERVENE AND TO OBJECT TO APPROVAL OF SETTLEMENT #241 (Video Conference-Zoom) held before Judge Andre Birotte Jr. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions under submission. Court Reporter: Chia Mei Jui. (lom) |
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Filing 251
(IN CHAMBERS) ORDER CONTINUING 1) MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #239 ; 2) PROPOSED INTERVENOR'S MOTION TO INTERVENE AND TO OBJECT TO APPROVAL OF SETTLEMENT #241 by Judge Andre Birotte Jr. The hearing date regarding these motions is CONTINUED from November 12, 2021 to December 3, 2021 at 10:00 AM before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 250 REPLY Reply in Support of NOTICE OF MOTION AND MOTION to Intervene and to Object to Approval of Settlement #241 filed by Movant Ana Anguiano-Tamayo. (Attachments: #1 Declaration of Larry W. Lee)(Lee, Larry) |
| Filing 249 DECLARATION of Shaun Setareh In Support Of NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #239 filed by Plaintiff James S. Evans. (Attachments: #1 Exhibit 1)(Setareh, Chaim) |
| Filing 248 NOTICE OF ERRATA filed by Plaintiff James S. Evans. correcting Objection/Opposition (Motion related), #245 (Attachments: #1 Exhibit A)(Setareh, Chaim) |
| Filing 247 OPPOSITION re: NOTICE OF MOTION AND MOTION to Intervene and to Object to Approval of Settlement #241 filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration of Naomi Beer, #2 Declaration of Kevin Lee, #3 Declaration of Michael Bui, #4 Request for Judicial Notice)(Herrington, Robert) |
| Filing 246 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Intervene and to Object to Approval of Settlement #241 filed by Plaintiff James S. Evans. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Setareh, Chaim) |
| Filing 245 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Intervene and to Object to Approval of Settlement #241 filed by Plaintiff James S. Evans. (Attachments: #1 Declaration of Shaun Setareh, #2 Declaration of Kevin Lee, #3 Declaration of Michael Bui)(Setareh, Chaim) |
| Filing 244 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #243 , Notice of Appearance #242 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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) |
| Filing 243 NOTICE of Appearance filed by attorney Dennis S Hyun on behalf of Movant Ana Anguiano-Tamayo (Hyun, Dennis) |
| Filing 242 NOTICE of Appearance filed by attorney Kwanporn Tulyathan on behalf of Intervenor Plaintiff Ana Anguiano-Tamayo (Attorney Kwanporn Tulyathan added to party Ana Anguiano-Tamayo(pty:intvp))(Tulyathan, Kwanporn) |
| Filing 241 NOTICE OF MOTION AND MOTION to Intervene and to Object to Approval of Settlement filed by Proposed Intervenor Ana Anguiano-Tamayo. Motion set for hearing on 11/12/2021 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Larry W. Lee, #2 Request for Judicial Notice, #3 Proposed Order) (Attorney Larry W Lee added to party Ana Anguiano-Tamayo(pty:intvp)) (Lee, Larry) |
| Filing 240 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #239 . The following error(s) was/were found: Local Rule 11-6 Memorandum/brief exceeds 25 pages. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 239 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiff James S. Evans. Motion set for hearing on 11/12/2021 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Shaun Setareh in Support of Motion for Preliminary Approval of Class Action Settlement, #2 Declaration of Stanley D. Saltzman in Support of Plaintiff's Motion for Preliminary Approval of Class Action Settlement, #3 Declaration of Plaintiff James S. Evans in Support of Motion for Preliminary Approval of Class Action Settlement, #4 Proposed Order Granting Motion for Preliminary Approval of Class Action Settlement) (Setareh, Chaim) |
| Filing 238 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Association of Counsel #236 . The following error(s) was/were found: Notice of Association not signed by Marlin and Saltzman LLP. 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) |
| Filing 237 Notice of Appearance or Withdrawal of Counsel: for attorney Stanley D Saltzman counsel for Plaintiff James S. Evans. Adding Stanley D. Saltzman as counsel of record for Plaintiff James S. Evans for the reason indicated in the G-123 Notice. Filed by Plaintiff James S. Evans. (Attorney Stanley D Saltzman added to party James S. Evans(pty:pla))(Saltzman, Stanley) |
| Filing 236 NOTICE of Association of Counsel associating attorney Stanley D. Saltzman on behalf of Plaintiff James S. Evans. Filed by Plaintiff James S. Evans (Setareh, Chaim) |
| Filing 235 NOTICE OF FILING TRANSCRIPT filed for proceedings 4/30/21, 11:19 A.M re Transcript #234 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Jui, Chia) TEXT ONLY ENTRY |
| Filing 234 TRANSCRIPT for proceedings held on 4/30/21, 11:19 A.M. Court Reporter/Electronic Court Recorder: Chia Mei Jui, CSR, cmjui.csr@gmail.com, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through COURT REPORTER: Chia Mei Jui, CSR, cmjui.csr@gmail.com or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/15/2021. Redacted Transcript Deadline set for 9/27/2021. Release of Transcript Restriction set for 11/23/2021. (Jui, Chia) |
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Filing 233
ORDER GRANTING JOINT STIPULATION EXTENDING DEADLINE TO FILE MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT by Judge Andre Birotte Jr.: Upon Stipulation #232 , the Court hereby orders that the deadline to file a Motion for Preliminary Approval of Class Action Settlement is extended until 9/3/2021. (gk)
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| Filing 232 Joint STIPULATION for Extension of Time to File Motion for Preliminary Approval of Class Action Settlement filed by Plaintiff James S. Evans. (Attachments: #1 Declaration of Shaun Setareh in Support of Joint Stipulation Extending Deadline to File Motion for Preliminary Approval of Class Action Settlement, #2 Proposed Order Granting Joint Stipulation Extending Deadline to File Motion for Preliminary Approval of Class Action Settlement)(Setareh, Chaim) |
| Filing 231 TRANSCRIPT ORDER as to Plaintiffs James S. Evans, Keineisha Smith for Court Reporter. Court will contact Eric Sams at eric@setarehlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Setareh, Chaim) |
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Filing 230
ORDER GRANTING JOINT STIPULATION EXTENDING DEADLINE TO FILE MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #229 by Judge Andre Birotte Jr. The deadline to file a Motion for Preliminary Approval of Class Action Settlement is extended until August 13, 2021. (iv)
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| Filing 229 Joint STIPULATION for Extension of Time to File Motion for Preliminary Approval of Class Action Settlement filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration of Naomi Beer in Support of Joint Stipulation Extending Deadline to File Motion for Preliminary Approval of Class Action Settlement, #2 Proposed Order Granting Joint Stipulation Extending Deadline to File Motion for Preliminary Approval of Class Action Settlement)(Herrington, Robert) |
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Filing 228
MINUTES (IN CHAMBERS) ORDER RE: MOTIONS IN LIMINE by Judge Andre Birotte Jr.: In light of the parties' Notice of Settlement #226 , the Court DENIES AS MOOT all Motions in Limine #190 , #191 , #192 , #196 , #197 , #198 , #204 without prejudice to their renewal should a finalized settlement not occur. Court Reporter: N/A. (gk)
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| Filing 227 MINUTES OF Status Conference and Motion Hearing held before Judge Andre Birotte Jr. RE: Plaintiff's Motions in Limine Nos. 1-4 #191 , #192 , #190 , #204 ; Defendant's Motions in Limine Nos. 2-4 #196 , #197 , #198 . Court and counsel confer. Counsel inform the Court that the case has settled. In light of the recently filed Notice of Settlement #226 , all dates are vacated. The parties are ORDERED to file the Motion for Preliminary Approval of Class Action Settlement by 7/16/2021. Court Reporter: Chia Mei Jui. (gk) |
| Filing 226 NOTICE of Settlement filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 225 Notice of Appearance or Withdrawal of Counsel: for attorney Scott A Edelman counsel for Defendant Wal-Mart Stores, Inc.. Adding Scott A. Edelman as counsel of record for Wal-Mart Stores, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Wal-Mart Stores, Inc.. (Attorney Scott A Edelman added to party Wal-Mart Stores, Inc.(pty:dft))(Edelman, Scott) |
| Filing 224 NOTICE OF LODGING Proposed Pretrial Conference Order Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Joint Proposed Final Pre-Trial Conference Order)(Herrington, Robert) |
| Filing 223 Proposed Voir Dire Questions filed by Defendant Wal-Mart Stores, Inc... (Herrington, Robert) |
| Filing 222 PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Defendant Wal-Mart Stores, Inc... (Herrington, Robert) |
| Filing 221 PROPOSED JURY INSTRUCTIONS (Unannotated set) filed by Defendant Wal-Mart Stores, Inc... (Herrington, Robert) |
| Filing 220 STATEMENT of the Case filed by Defendant Wal-Mart Stores, Inc. (Attachments: #1 Attachment A - Walmarts Proposed Statement of the Case, #2 Attachment B - Plaintiffs Proposed Statement of the Case)(Herrington, Robert) |
| Filing 219 PROPOSED SPECIAL JURY VERDICT filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Attachment A - Walmart's Proposed Verdict Form, #2 Attachment B - Plaintiff's Position re Walmart's Proposed Verdict Form, #3 Attachment C - Plaintiff's Proposed Verdict Form, #4 Attachment D - Walmart's Position re Plaintiff's Proposed Verdict Form)(Herrington, Robert) |
| Filing 218 DECLARATION of Naomi G. Beer in Opposition to MOTION IN LIMINE (#1) to Exclude Expert Report of Dr. Elizabeth Newlon and/or Bar her Trial Testimony #191 , MOTION IN LIMINE (#3) to Exclude Evidence Not Disclosed in Discovery #190 , MOTION IN LIMINE (#2) to Exclude Witnesses Not Appropriately Disclosed in Discovery #192 , MOTION IN LIMINE (#4) to Exclude Evidence of Prior Convictions #204 filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 217 OPPOSITION to MOTION IN LIMINE (#4) to Exclude Evidence of Prior Convictions #204 filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 216 OPPOSITION to MOTION IN LIMINE (#3) to Exclude Evidence Not Disclosed in Discovery #190 filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 215 OPPOSITION to MOTION IN LIMINE (#2) to Exclude Witnesses Not Appropriately Disclosed in Discovery #192 filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 214 OPPOSITION to MOTION IN LIMINE (#1) to Exclude Expert Report of Dr. Elizabeth Newlon and/or Bar her Trial Testimony #191 filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 213 OPPOSITION re: MOTION IN LIMINE [#4] to Exclude Testimony, Evidence, Comment, or Argument regarding the Wage Statement Practices and/or Policies of Other Employers #198 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 212 OPPOSITION Opposition re: MOTION IN LIMINE [#2] to Bar and Strike Expert Reports and Bar Trial Testimony of Plaintiffs Expert James Toney #196 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 211 Opposition re: MOTION IN LIMINE [#3] to Exclude Testimony, Evidence, Comment, or Argument regarding the July 6, 2006 Opinion Letter Issued by the Division of Labor Standards Enforcement #197 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 210 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum of Contentions of Fact and Law #194 . The following error(s) was/were found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. 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) |
| Filing 209 NOTICE of Errata filed by Plaintiff James S. Evans. (Pao, William) |
| Filing 208 NOTICE OF ERRATA filed by Plaintiff James S. Evans. correcting MOTION IN LIMINE (#1) to Exclude Expert Report of Dr. Elizabeth Newlon and/or Bar her Trial Testimony #191 Plaintiff's Notice of Errata to Motion in Limine No. 1 to Strike Defendant Wal-Mart Stores, Inc.'s Expert Reports and Bar Trial Testimony of Defendant's Expert Elizabeth Hart Newlon; Memorandum of Points and Authorities; [Proposed] Order (Attachments: #1 Declaration of Shaun Setareh in Support of Plaintiff's Notice of Errata to Motion in Limine No. 1 to Exclude the Expert Report of Dr. Elizabeth Hart Newlon And/Or Bar Her Trial Testimony, #2 Proposed Order Regarding Plaintiff's Motion in Limine No. 1)(Setareh, Chaim) |
| Filing 207 NOTICE of Appearance filed by attorney Chaim Shaun Setareh on behalf of Plaintiff James S. Evans (Setareh, Chaim) |
| Filing 206 NOTICE of Appearance filed by attorney Chaim Shaun Setareh on behalf of Plaintiff James S. Evans (Setareh, Chaim) |
| Filing 205 Notice of Appearance or Withdrawal of Counsel: for attorney Timothy J Long counsel for Defendant Wal-Mart Stores, Inc.. Adding Timothy J. Long as counsel of record for Wal-Mart Stores, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Wal-Mart Stores, Inc.. (Attorney Timothy J Long added to party Wal-Mart Stores, Inc.(pty:dft))(Long, Timothy) |
| Filing 204 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Evidence of Prior Convictions filed by Plaintiff James S. Evans. Motion set for hearing on 4/30/2021 at 11:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of William M. Pao in Support of Motion in Limine No. 4, #2 Proposed Order Granting Plaintiff's Motion In Limine No. 4)(Pao, William) |
| Filing 203 Witness List filed by Defendant Wal-Mart Stores, Inc... (Herrington, Robert) |
| Filing 202 Witness List filed by Defendant Wal-Mart Stores, Inc... (Herrington, Robert) |
| Filing 201 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 200 Joint Exhibit List filed by Defendant Wal-Mart Stores, Inc... (Herrington, Robert) |
| Filing 199 STATUS REPORT re Settlement (Joint) filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 198 NOTICE OF MOTION AND MOTION IN LIMINE [#4] to Exclude Testimony, Evidence, Comment, or Argument regarding the Wage Statement Practices and/or Policies of Other Employers filed by Defendant Wal-Mart Stores, Inc.. Motion set for hearing on 4/30/2021 at 11:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Timothy J. Long, #2 Proposed Order)(Herrington, Robert) |
| Filing 197 NOTICE OF MOTION AND MOTION IN LIMINE [#3] to Exclude Testimony, Evidence, Comment, or Argument regarding the July 6, 2006 Opinion Letter Issued by the Division of Labor Standards Enforcement filed by Defendant Wal-Mart Stores, Inc.. Motion set for hearing on 4/30/2021 at 11:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Timothy J. Long, #2 Proposed Order)(Herrington, Robert) |
| Filing 196 NOTICE OF MOTION AND MOTION IN LIMINE [#2] to Bar and Strike Expert Reports and Bar Trial Testimony of Plaintiffs Expert James Toney filed by Defendant Wal-Mart Stores, Inc.. Motion set for hearing on 4/30/2021 at 11:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration, #2 Proposed Order)(Herrington, Robert) |
| Filing 195 Notice of Withdrawal of Motion in Limine to Exclude,, #169 filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 194 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff James S. Evans. (Pao, William) |
| Filing 193 Notice of Appearance or Withdrawal of Counsel: for attorney Ryan Christopher Bykerk counsel for Defendant Wal-Mart Stores, Inc.. Adding Ryan C. Bykerk as counsel of record for Wal-Mart Stores, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Wal-Mart Stores, Inc.. (Attorney Ryan Christopher Bykerk added to party Wal-Mart Stores, Inc.(pty:dft))(Bykerk, Ryan) |
| Filing 192 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Witnesses Not Appropriately Disclosed in Discovery filed by Plaintiff James S. Evans. Motion set for hearing on 4/30/2021 at 11:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Shaun Setareh, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Pao, William) |
| Filing 191 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Expert Report of Dr. Elizabeth Newlon and/or Bar her Trial Testimony filed by Plaintiff James S. Evans. Motion set for hearing on 4/30/2021 at 11:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9)(Pao, William) |
| Filing 190 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Evidence Not Disclosed in Discovery filed by Plaintiff James S. Evans. Motion set for hearing on 4/30/2021 at 11:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order)(Pao, William) |
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Filing 189
ORDER GRANTING SIXTH JOINT STIPULATION TO EXTEND THE MEDIATION DEADLINE by Judge Andre Birotte Jr, re Stipulation to Continue, #188 : The Court, having considered the Parties' Sixth Joint Stipulation to Extend the Mediation Deadline, and finding the Stipulation is supported by good cause, hereby orders that: The mediation deadline is extended to December 31, 2020. (bm)
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| Filing 188 Sixth STIPULATION to Continue Mediation Deadline from October 30, 2020 to December 31, 2020 Re: Order, Set/Reset Deadlines/Hearings #180 filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration of Robert J. Herrington, #2 Proposed Order)(Herrington, Robert) |
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Filing 187
ORDER GRANTING JOINT STIPULATION REGARDING PROPOSED PRE-TRIAL AND TRIAL DATES by Judge Andre Birotte Jr.: Upon Stipulation #185 , the Court hereby orders that the Final Pretrial Conference is continued to 4/30/2021 11:00 AM before Judge Andre Birotte Jr. The hearing regarding Defendant Wal-Mart Stores, Inc.'s Motion in Limine No. 1 #169 is also continued to 4/30/2021 at 11:00 AM before Judge Andre Birotte Jr. The first round of trial filings is due by 4/9/2021. Second round of trial filings is due by 4/16/2021. Jury Trial is set for 6/15/2021 8:30 AM before Judge Andre Birotte Jr. (gk)
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| Filing 186 Notice of Appearance or Withdrawal of Counsel: for attorney Chaim Shaun Setareh counsel for Plaintiff James S. Evans. Thomas Alistair Segal is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 185 Joint STIPULATION to Reschedule Pre-trial and Trial Dates filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration of Robert J. Herrington, #2 Proposed Order)(Herrington, Robert) |
| Filing 184 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/4/20, 11:25 A.M re Transcript #183 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Jui, Chia) TEXT ONLY ENTRY |
| Filing 183 TRANSCRIPT for proceedings held on 8/4/20, 11:25 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 10/14/2020. Redacted Transcript Deadline set for 10/26/2020. Release of Transcript Restriction set for 12/22/2020. (Jui, Chia) |
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Filing 182
ORDER DENYING DEFENDANT'S MOTION FOR CLASS DECERTIFICATION by Judge Andre Birotte Jr.: The Court DENIES Defendant's Motion for Class Decertification #118 as follows: DENIES decertification of the Regular Rate Class as MOOT; and DENIES decertification of the Wage Statement Class. (gk)
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Filing 181
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT by Judge Andre Birotte Jr.: The Court GRANTS in part and DENIES in part Defendant's Motion for Partial Summary Judgment #109 as follows: GRANTS summary judgment on Plaintiffs' third cause of action for failure to pay hourly and overtime wages on a classwide basis; GRANTS summary judgment on Evans's fourth cause of action for failure to pay vacation and/or holiday pay; GRANTS summary judgment on Plaintiffs' derivative UCL and PAGA causes of action (seventh and eighth) to the extent they are premised on Plaintiffs' regular rate and vacation/holiday pay claims; DENIES summary judgment on Plaintiffs' fifth cause of action for failure to provide adequate wage statements; and DENIES summary judgment on Plaintiffs' eighth cause of action for civil penalties under PAGA. The parties are further ORDERED to meet and confer and file a Joint Report with new proposed pre-trial dates and trial dates no later than 14 days from the date of this Order. The new trial date shall be no earlier than May 2021. (gk)
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Filing 180
ORDER GRANTING IN PART FIFTH JOINT STIPULATION TO VACATE OR IN THE ALTERNATIVE EXTEND MEDIATION DEADLINE by Judge Andre Birotte Jr.: Upon Stipulation #179 , the Court hereby orders that the parties complete mediation no later than 10/30/2020. (gk)
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| Filing 179 Fifth STIPULATION to Vacate Mediation Deadline Order,, Set/Reset Deadlines, #174 , Order,,,,, Set/Reset Deadlines/Hearings,,,,, Set/Reset Motion Hearing and R&R Deadlines,,,, #178 or in the Alternative Extend the Mediation Deadline filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration of Robert J. Herrington, #2 Proposed Order)(Herrington, Robert) |
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Filing 178
ORDER GRANTING JOINT STIPULATION TO CONTINUE FINAL PRE-TRIAL CONFERENCE, TRIAL, AND RELATED PRE-TRIAL DATES UNTIL AFTER THIS COURT RULES ON PENDING MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND TO DECERTIFY by Judge Andre Birotte Jr.: The Court, having considered the parties' Joint Stipulation to Continue Final Pre-Trial Conference, Trial, and Related Pre-Trial Dates Until After this Court Rules on Pending Motions for Partial Summary Judgment and to Decertify #109 , #118 , and finding the Stipulation #177 is supported by good cause, hereby orders that: The Final Pretrial Conference ("FPTC") is set for 11/6/2020 11:00 AM before Judge Andre Birotte Jr. The hearing regarding Defendant Wal-Mart Stores, Inc.'s Motion in Limine No. 1 #169 is also continued to 11/6/2020 at 11:00 AM before Judge Andre Birotte Jr. The Court VACATES the jury trial in this action until further order of the Court. The first round of trial filings will be due three weeks before the FPTC and the second round of trial filings will be due two weeks before the FPTC. The Court and the parties will discuss the availability of jury trials and the likely time for trial at the FPTC. (gk)
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| Filing 177 Joint STIPULATION to Continue Final Pre-Trial Conference and Trial from 08/28/2020 and 09/15/2020 to 60 Days After the Court Rules on the Pending Motions Re: Minutes of In Chambers Order/Directive - no proceeding held,,,,, Terminate Hearings,,,,, Set/Reset Motion Hearing and R&R Deadlines,,,,, Set/Reset Deadlines/Hearings,,,, #166 filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Herrington, Robert) |
| Filing 176 TRANSCRIPT ORDER as to Plaintiff James S. Evans, Keineisha Smith for Court Reporter. Court will contact Lauren at lauren@setarehlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Setareh, Chaim) |
| Filing 175 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Defendant Wal-Mart Stores, Inc.'s Motion for Partial Summary Judgment #109 ; Defendant Wal-Mart Stores, Inc.'s Motion to Decertify the Wage Statement and Regular Rate Classes #118 . The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions under submission. Court Reporter: Chia Mei Jui. (gk) |
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Filing 174
ORDER GRANTING JOINT STIPULATION TO VACATE OR IN THE ALTERNATIVE EXTEND MEDIATION DEADLINE by Judge Andre Birotte Jr.: Upon the parties' Fourth Joint Stipulation #173 , the Court hereby orders that the mediation deadline is continued to 8/31/2020. (gk)
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| Filing 173 Fourth STIPULATION to Vacate Mediation Deadline or in the Alternative Extend to August 31, 2020 filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration of Robert Herrington, #2 Proposed Order)(Herrington, Robert) |
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Filing 172
(IN CHAMBERS) ORDER CONTINUING HEARING DATE REGARDING 1) DEFENDANT WAL-MART STORES, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT #109 ; and 2) DEFENDANT WAL-MART STORES, INC.'S MOTION TO DECERTIFY THE WAGE STATEMENT AND REGULAR RATE CLASSES #118 by Judge Andre Birotte Jr. This Court, on its own motion, hereby continues the hearing date regarding this motion from July 31, 2020 to August 4, 2020, at 11:00 a.m. before Judge Andre Birotte Jr. The hearing will be telephonic. The Courtroom Deputy Clerk will email counsel the call-in information. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 171 NOTICE - Corrected Notice of Motion In Limine No. 1 (Filed at ECF Dkt. No. 169) to Strike Expert Reports and Bar Trial Testimony of Plaintiffs Expert James Toney filed by Defendant Wal-Mart Stores, Inc.. Correcting Date of Hearing to August 28, 2020, at 11:00 a.m. (Herrington, Robert) |
| Filing 170 Amendment to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts 3, 4, 5, 7 and 8 #109 Amended Declaration of William M. Pao in Support of Plaintiff's Opposition to Defendant Wal-Mart Stores, Inc.'s Motion for Partial Summary Judgment filed by Plaintiffs James S. Evans, Keineisha Smith. (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)(Pao, William) |
| Filing 169 [WITHDRAWN] NOTICE OF MOTION AND MOTION IN LIMINE [#1] to Exclude James Toney Expert Reports and Bar Trial Testimony of Plaintiff Expert James Toney filed by Defendant Wal-Mart Stores, Inc.. Motion set for hearing on 8/23/2020 at 11:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration Herrington Declaration ISO Walmart's Motion in Limine to Exclude James Toney Expert Report and Testimony; including Exhibits 1-6, #2 Proposed Order Granting Walmart's Moiton in Limine #1 to Exclude James Toney Expert Report and Testimony)(Herrington, Robert) Modified on 4/12/2021 (cb). |
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Filing 168
MINUTES (IN CHAMBERS) ORDER REQUESTING CORRECTED EXIDBITS AND CONTINUING HEARING DATE by Judge Andre Birotte Jr.: Plaintiff James S. Evans filed the Declaration of William M. Pao in opposition to Defendant Wal-Mart Stores, Inc.'s motion for partial summary judgment citing Exhibits 1-8; however, Plaintiff has failed to file Exhibits 1-6 #127 . Plaintiffs counsel shall immediately file an amended or corrected document with the missing exhibits no later than 7/17/2020, in compliance with Local Rule 11-5.2. The Court, on its own motion, continues the hearing date on Defendant's motion for partial summary judgment #109 , and motion to decertify the wage statement and regular rate classes #118 to 7/31/2020 at 10:00 AM before Judge Andre Birotte Jr. The Court intends to conduct this hearing telephonically, and the Court Clerk will e-mail counsel prior to the hearing date with call-in information. The Court respectfully requests that the parties be prepared to discuss the remaining pretrial deadlines and the trial date at the 7/31/2020 telephonic hearing. Court Reporter: N/A. (gk)
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| Filing 165 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Withdrawal #163 . The following error(s) was/were found: The Civil Minutes of 5/5/2020 reset Defendant's Motion for hearing on 6/19/2020 at 10:00 AM. Pursuant to Local Rule 7-16, any moving party who intends to withdraw a motion before the hearing date shall file and serve a withdrawal of the motion, not later than seven days before the hearing date. Proposed order not submitted herewith. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
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Filing 167
ORDER GRANTING JOINT STIPULATION TO CLARIFY PRIOR ORDER GRANTING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME UNDER FRCP 6(b)(1)(B) FOR EXPERT DESIGNATIONS by Judge Andre Birotte Jr.: The Court, having considered the parties' Joint Stipulation to Clarify Prior Order Granting Plaintiff's Motion for an Extension of Time Under FRCP 6(b)(1)(B) for Expert Designations #162 , the Court hereby orders that: The Order on Plaintiff's Motion #122 , be clarified nunc pro tunc to read: "The deadline for expert disclosures is extended to 30 days after Defendant provides Plaintiff with the class-wide timekeeping and payroll data." Defendant withdraws its Motion to Strike Expert Report and Bar Testimony of Plaintiff's Proffered Expert James Toney #119 without prejudice, and reserves its right to file a further Motion to Strike and/or Daubert challenge as to Plaintiff's expert disclosures and reports as appropriate. See document for further details. (gk)
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Filing 166
MINUTES (IN CHAMBERS) ORDER CONTINUING HEARING DATE, FINAL PRE-TRIAL CONFERENCE DATE, TRIAL DATE by Judge Andre Birotte Jr.: The Court, on its own motion, hereby continues the hearing date on Defendant Wal-Mart Stores, Inc.'s motion for partial summary judgment #109 , and motion to decertify the wage statement and regular rate classes #118 to 7/17/2020 at 10:00 AM before Judge Andre Birotte Jr. The Court intends to conduct this hearing telephonically, and the Court Clerk will e-mail counsel prior to the hearing date with call-in information. The Final Pre-Trial Conference is continued to 8/28/2020 11:00 AM before Judge Andre Birotte Jr. The deadline for first round trial filings is continued to 8/7/2020. The deadline for second round trial filings is continued to 8/14/2020. The jury trial date is continued to 9/15/2020 08:30 AM before Judge Andre Birotte Jr. The Court respectfully requests that the parties be prepared to discuss the schedule for both the final pre-trial conference and the jury trial at the 7/17/2020 telephonic hearing. Court Reporter: N/A. (gk)
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| Filing 164 Notice of Appearance or Withdrawal of Counsel: for attorney Chaim Shaun Setareh counsel for Plaintiff James S. Evans. Alexandra R. McIntosh is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 163 Notice of Withdrawal of Motion to Strike, #119 filed by Defendants Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 162 Joint STIPULATION to Clarify Prior Order Granting Plaintiff's Motion for Extension of Time, Re: Order, Set/Reset Deadlines #161 , filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Herrington, Robert) |
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Filing 161
ORDER GRANTING THIRD JOINT STIPULATION TO VACATE OR IN THE ALTERNATIVE EXTEND MEDIATION DEADLINE by Judge Andre Birotte Jr.: Upon Stipulation #160 , the Court hereby orders that the mediation deadline is continued to 7/20/2020. (gk)
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| Filing 160 Third STIPULATION to Vacate Order, Set/Reset Deadlines #121 , Stipulation for Order, #117 Third Joint Stipulation to Vacate or in the Alternative Extend The Mediation Deadline filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration Herrington Declaration ISO Third Joint Stipulation to Vacate or in the Alternative Extend the Mediation Deadline, #2 Proposed Order Granting Third Joint Stipulation to Vacate or in the Alternative Extend the Mediation Deadline)(Herrington, Robert) |
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Filing 159
MINUTES (IN CHAMBERS) ORDER CONTINUING HEARING DATE, FINAL PRE-TRIAL CONFERENCE DATE, TRIAL FILING DEADLINES AND TRIAL DATE by Judge Andre Birotte Jr.: The Court, on its own motion, hereby continues the hearing date on Defendant Wal-Mart Stores, Inc.'s motion for partial summary judgment #109 , motion to decertify the wage statement and regular rate classes #118 , and motion to strike expert report and bar testimony of Plaintiffs proffered expert James Toney #119 to 6/19/2020 at 10:00 AM before Judge Andre Birotte Jr. The Final Pretrial Conference is continued to 7/17/2020 11:00 AM before Judge Andre Birotte Jr. The deadline for first round trial filings is continued to 7/3/2020. The deadline for second round trial filings is continued to 7/10/2020. The Jury Trial is continued to 8/4/2020 08:30 AM before Judge Andre Birotte Jr. Court Reporter: N/A. (gk)
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Filing 158
MINUTE ORDER [In Chambers] ORDER CONTINUING HEARING DATE, FINAL PRETRIAL CONFERENCE DATE, TRIAL FILING DEADLINES AND TRIAL DATE by Judge Andre Birotte Jr. The Court, on its own motion, continues the hearing date on Defendant WalMart Stores, Inc. 's motion for partial summary judgment (Dkt. No. #109 ), motion todecertify the wage statement and regular rate classes (Dkt. No. #118 ), and motion to strike expert report and bar testimony of Plaintiffs proffered expert James Toney (Dkt. No. #119 ) to Friday, May 8, 2020, at 10:00 a.m. The parties' final pre-trial conference is continued to Friday, June 5, 2020, at 11 :00 a.m. The deadline for first round trial filings is continued to Friday, May 15, 2020. The deadline for second round trial filings is continued to Friday, May 22, 2020. The trial date is continued to Tuesday, July 21, 2020, at 8:30 a.m. (lom)
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| Filing 157 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts 3, 4, 5, 7 and 8 #109 Plaintiff's Supplemental Request for Judicial Notice in Support of Plaintiff's Opposition to Defendant Wal-Mart Stores, Inc.'s Motion for Partial Summary Judgment filed by Plaintiff James S. Evans. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Setareh, Chaim) |
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Filing 156
ORDER GRANTING JOINT STIPULATION TO EXTEND THE FACT DISCOVERY DEADLINE by Judge Andre Birotte Jr.: Upon Stipulation #154 , the Court hereby orders that the fact discovery deadline is extended solely to permit Walmart to complete production of the data required by Magistrate Kato's Order granting in part Plaintiff's Motion to Compel (Dkt. 136). (gk)
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Filing 155
(IN CHAMBERS) ORDER CONTINUING HEARING REGARDING 1) DEFENDANT WAL-MART STORES, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT #109 ; 2) DEFENDANT WAL-MART STORES, INC.'S MOTION TO DECERTIFY THE WAGE STATEMENT AND REGULAR RATE CLASSES #118 ; and 3) DEFENDANT WAL-MART STORES, INC.'S MOTION TO STRIKE EXPERT REPORT AND BAR TESTIMONY OF PLAINTIFF'S PROFFERED EXPERT JAMES TONEY #119 by Judge Andre Birotte Jr. This Court, on its own motion, hereby continues the hearing date regarding these motions from March 13, 2020 to March 27, 2020, at 10:00 a.m. before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 154 Joint STIPULATION to Extend Discovery Cut-Off Date filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration of Robert J. Herrington, #2 Proposed Order)(Herrington, Robert) |
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Filing 153
ORDER GRANTING PLAINTIFF'S APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL by Judge Andre Birotte Jr.: Upon Plaintiff's Application for Leave to File Under Seal #150 , IT IS HEREBY ORDERED that the following documents are hereby ordered sealed: (1) Exhibit 1 attached to the Declaration of William M. Pao in support of Plaintiff's Sur-reply in Opposition to Defendant Wal-mart Stores, Inc.'s Motion for Partial Summary; (2) This order may be subject to reconsideration, in whole or in part, at any time, if on the application of any party or other interested person it is shown that the interest of the public in access to the above information outweighs the need to seal the above documents; Nomadix is ORDERED to file the documents under seal. (gk)
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| Filing 152 NOTICE OF ERRATA filed by Plaintiff James S. Evans. correcting Reply (Motion related), #148 (Attachments: #1 Exhibit 1)(Setareh, Chaim) |
| Filing 151 SEALED DECLARATION IN SUPPORT OF First APPLICATION to file document Exhibit 1 to Declaration of William M. Pao in support of Plaintiff's Sur-reply to Defendant's Motion for Partial Summary Judgment under seal #150 filed by Plaintiff James S. Evans. (Attachments: #1 Declaration Supplemental Declaration of William M. Pao in Support of Plaintiff's Opposition to Defendant Wal-Mart Stores, Inc.'s Motion for Partial Summary Judgment, #2 Exhibit 1, #3 Exhibit 1a, #4 Exhibit 1b, #5 Exhibit 1c, #6 Exhibit 1d, #7 Exhibit 1e, #8 Exhibit 1f, #9 Exhibit 1g, #10 Exhibit 1h, #11 Exhibit 1i, #12 Exhibit 1j, #13 Exhibit 1k, #14 Exhibit 1l, #15 Exhibit 1m, #16 Exhibit 1n, #17 Exhibit 1o, #18 Exhibit 1p, #19 Exhibit 1q, #20 Exhibit 1r, #21 Exhibit 1s, #22 Exhibit 1t, #23 Exhibit 1u, #24 Exhibit 1v, #25 Exhibit 1w, #26 Exhibit 1x, #27 Exhibit 1y, #28 Exhibit 1z, #29 Exhibit 1aa, #30 Exhibit 1ab, #31 Exhibit 1ac, #32 Exhibit 1ad, #33 Exhibit 1ae, #34 Exhibit 1af, #35 Exhibit 1ag, #36 Exhibit 1ah, #37 Exhibit 1ai, #38 Exhibit 1aj, #39 Exhibit 1ak, #40 Exhibit 1al, #41 Declaration 1am, #42 Exhibit 1an, #43 Exhibit 1ao, #44 Exhibit 1ap, #45 Exhibit 1aq, #46 Exhibit 1ar)(Setareh, Chaim) |
| Filing 150 First APPLICATION to file document Exhibit 1 to Declaration of William M. Pao in support of Plaintiff's Sur-reply to Defendant's Motion for Partial Summary Judgment under seal filed by Plaintiff James S. Evans. (Attachments: #1 Proposed Order Proposed Order)(Setareh, Chaim) |
| Filing 149 NOTICE OF ERRATA filed by Plaintiff James S. Evans. correcting Reply (Motion related), #148 (Attachments: #1 Exhibit 1)(Setareh, Chaim) |
| Filing 148 REPLY Opposition NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts 3, 4, 5, 7 and 8 #109 filed by Plaintiff James S. Evans. (Attachments: #1 Declaration Supplemental Declaration of William M. Pao in Support of Plaintiff's Opposition to Defendant Wal-Mart Stores, Inc.'s Motion for Partial Summary Judgment)(Setareh, Chaim) |
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Filing 147
ORDER GRANTING JOINT STIPULATION REGARDING PLAINTIFF'S ABILITY TO FILE SUR-REPLY TO MOTION FOR PARTIAL SUMMARY JUDGMENT AND TO CONTINUE HEARING DATE FOR MOTION FOR PARTIAL SUMMARY JUDGMENT, MOTION TO DECERTIFY AND MOTION TO STRIKE PLAINTIFF'S EXPERT JAMES TONEY by Judge Andre Birotte Jr.: Upon Stipulation #146 , the Court hereby ORDERS that Plaintiff is permitted to file a Sur-Reply to Defendant's Motion for Partial Summary Judgment, which Sur-Reply must be filed by 2/21/2020. The hearing date on the Motion for Partial Summary Judgment #109 , Motion to Decertify #118 , and Motion to Strike Plaintiff's Expert James Toney #119 is continued to 3/13/2020 at 10:00 AM before Judge Andre Birotte Jr. (gk)
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| Filing 146 STIPULATION for Hearing re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts 3, 4, 5, 7 and 8 #109 filed by Plaintiff James S. Evans. (Attachments: #1 Proposed Order Granting Joint Stipulation Regarding Plaintiff's Ability to File Sur-Reply to motion for Partial Summary Judgment and to Continue Hearing Date for Motion for Partial Summary Judgment, Motion to Decertify and Motion to Strike Plaintiff's Expert James Toney)(Setareh, Chaim) |
| Filing 145 NOTICE OF ERRATA filed by Plaintiff James S. Evans. correcting Response By Court to Notice of Deficiencies (G-112B) - optional html form, #138 (Attachments: #1 Declaration of James Evans in Support of Plaintiff's Opposition to Defendant Wal-Mart Stores, Inc.'s Motion for partial Summary Judgment)(Setareh, Chaim) |
| Filing 144 NOTICE OF ERRATA filed by Defendant Wal-Mart Stores, Inc.. correcting NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts 3, 4, 5, 7 and 8 #109 Notice of Errata for Declaration of Diana McChristian [DKT 109-2] (Attachments: #1 Exhibit 1 to Notice of Errata for Declaration of Diana McChristian [DKT. 109-2], #2 Exhibit 2 to Notice of Errata for Declaration of Diana McChristian [DKT. 109-2])(Herrington, Robert) |
| Filing 143 REPLY In Support NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts 3, 4, 5, 7 and 8 #109 filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration Robert Herrington Declaration in Support of Defendant Walmart Inc.'s Reply ISO Its Motion for Partial Summary Judgment, #2 Appendix of Evidence ISO Defendant Walmart Inc.'s Reply Re Motion for Partial Summary Judgment, #3 Exhibit K-P to Appendix of Evidence ISO Defendant Walmart Inc.'s Reply Re Motion for Partial Summary Judgment, #4 Walmart's Opposition to Plaintiff's Request for Judicial Notice)(Herrington, Robert) |
| Filing 142 Notice of Withdrawal of Declaration (Motion related), #127 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 141 DECLARATION of Naomi Beer In Support NOTICE OF MOTION AND MOTION for Order for Granting Defendant Wal-Mart Stores, Inc.'s Motion to Decertify the Wage Statement and Regular Rate Classes #118 , NOTICE OF MOTION AND MOTION to Strike Expert Report and Bar Testimony of Plaintiff's Proffered Expert James Toney #119 filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1 to Beer Declaration in Support of Wal-Mart Inc.'s Replies to Motions to Strike Expert Report and Bar Testimony of Plaintiff's Proffered Expert James Toney and to Decertify the Wage Statement and Regular Rate Classes)(Herrington, Robert) |
| Filing 140 DECLARATION of Hannah Shanks-Parkin In Support NOTICE OF MOTION AND MOTION for Order for Granting Defendant Wal-Mart Stores, Inc.'s Motion to Decertify the Wage Statement and Regular Rate Classes #118 , NOTICE OF MOTION AND MOTION to Strike Expert Report and Bar Testimony of Plaintiff's Proffered Expert James Toney #119 filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 139 REPLY In Support NOTICE OF MOTION AND MOTION to Strike Expert Report and Bar Testimony of Plaintiff's Proffered Expert James Toney #119 Defendant Wal-Mart Stores, Inc.'s Reply in Support of Motion to Strike Expert Report and Bar Testimony of Plaintiff's Proffered Expert James Toney filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 138 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Declaration of James Evans filed 2/7/2020 #129 . Counsel shall immediately file an amended or corrected document with a title page, in compliance with Local Rule 11-3.8. (gk) |
| Filing 137 REPLY In Support NOTICE OF MOTION AND MOTION for Order for Granting Defendant Wal-Mart Stores, Inc.'s Motion to Decertify the Wage Statement and Regular Rate Classes #118 Defendant Wal-Mart Stores, Inc.'s Reply in Support of Motion to Decertify the Wage Statement and Regular Rate Classes filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
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Filing 136
MINUTES (IN CHAMBERS) Order Conditionally Granting in Part and Denying in Part Plaintiff's Motion to Compel Further Responses to Discovery [Dkt. 103] by Magistrate Judge Kenly Kiya Kato. (dts)
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| Filing 135 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration (Motion related) #129 . 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) |
| Filing 134 NOTICE OF ERRATA filed by Plaintiff James S. Evans. correcting MEMORANDUM in Opposition to Motion #125 , Errata #133 , Declaration (Motion related), #127 (Attachments: #1 Declaration Declaration of William M. Pao in Support of Plaintiff's Opposition to Defendant Wal-Mart Stores, Inc.'s Motion for Partial Summary Judgment, #2 Exhibit 7, #3 Exhibit 8)(Setareh, Chaim) |
| Filing 133 NOTICE OF ERRATA filed by Plaintiff James S. Evans. correcting Declaration (Motion related), #127 (Attachments: #1 Declaration Declaration of William M. Pao, #2 Exhibit 7, #3 Exhibit 8)(Setareh, Chaim) |
| Filing 132 NOTICE OF ERRATA filed by Plaintiff James S. Evans. correcting MEMORANDUM in Opposition to Motion, #130 (Attachments: #1 Exhibit A)(Setareh, Chaim) |
| Filing 131 NOTICE of Errata filed by Plaintiff James S. Evans. (Attachments: #1 Exhibit A)(Setareh, Chaim) |
| Filing 130 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Order for Granting Defendant Wal-Mart Stores, Inc.'s Motion to Decertify the Wage Statement and Regular Rate Classes #118 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 129 DECLARATION of JAMES S. EVANS IN OPPOSITION TO NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts 3, 4, 5, 7 and 8 #109 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 128 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts 3, 4, 5, 7 and 8 #109 filed by Plaintiff James S. Evans. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Setareh, Chaim) |
| Filing 127 DECLARATION of WILLIAM M. PAO IN OPPOSITION TO NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts 3, 4, 5, 7 and 8 #109 filed by Plaintiff James S. Evans. (Attachments: #1 Declaration Denzel Watson, #2 Declaration Joaquin Sedillo, #3 Declaration Kole Scully-Mims)(Setareh, Chaim) |
| Filing 126 STATEMENT of SEPARATE STATEMENT IN OPPOSITION TO NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts 3, 4, 5, 7 and 8 #109 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 125 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts 3, 4, 5, 7 and 8 #109 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 124 DECLARATION of SHAUN SETAREH IN OPPOSITION TO NOTICE OF MOTION AND MOTION to Strike Expert Report and Bar Testimony of Plaintiff's Proffered Expert James Toney #119 filed by Plaintiff James S. Evans. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Setareh, Chaim) |
| Filing 123 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Expert Report and Bar Testimony of Plaintiff's Proffered Expert James Toney #119 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
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Filing 122
ORDER GRANTING PLAINTIFF'S MOTION TO EXTEND TIME PURSUANT TO FRCP 6(b)(l)(B) TO PROVIDE EXPERT DISCLOSURES by Judge Andre Birotte Jr.: Upon Plaintiff's Motion #99 , the Court hereby ORDERS that the Expert Discovery Cut-Off be extended to 30-days after Defendant provides Plaintiff with the class-wide timekeeping and payroll data. The hearing on this motion, scheduled for 2/7/2020, is VACATED. (gk)
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Filing 121
ORDER GRANTING JOINT STIPULATION TO VACATE OR IN THE ALTERNATIVE EXTEND MEDIATION DEADLINE by Judge Andre Birotte Jr.: Upon Stipulation #117 , the Court hereby orders that the mediation deadline is continued to 5/15/2020. (gk)
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| Filing 120 NOTICE OF LODGING filed Defendant Walmart Inc.'s Notice of Lodging Sealed Exhibits E and F In Support of Defendant's Motion for Partial Summary Judgment re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts 3, 4, 5, 7 and 8 #109 , Order on Motion for Leave to File Document Under Seal, #116 (Herrington, Robert) |
| Filing 119 NOTICE OF MOTION AND MOTION to Strike Expert Report and Bar Testimony of Plaintiff's Proffered Expert James Toney filed by Defendant Wal-Mart Stores, Inc.. Motion set for hearing on 2/28/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order Granting Wal-Mart Stores, Inc.'s Motion to Strike Expert Report and Bar Testimony of Plaintiff's Proffered Expert James Toney) (Herrington, Robert) |
| Filing 118 NOTICE OF MOTION AND MOTION for Order for Granting Defendant Wal-Mart Stores, Inc.'s Motion to Decertify the Wage Statement and Regular Rate Classes filed by Defendant Wal-Mart Stores, Inc.. Motion set for hearing on 2/28/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order Granting Wal-Mart Stores, Inc.'s Motion to Decertify the Wage Statement and Regular Rate Classes) (Herrington, Robert) |
| Filing 117 Joint STIPULATION for Order Granting Joint Stipulation to Vacate or in the Alternative Extend Mediation Deadline filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration Robert Herrington Declaration in support of Joint Stipulation to Vacate or in the Alternative Extend the Mediation Deadline, #2 Proposed Order Granting Joint Stipulation to Vacate or in the Alternative Extend the Mediation Deadline)(Herrington, Robert) |
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Filing 116
ORDER GRANTING DEFENDANT WALMART INC.'S APPLICATION TO FILE CERTAIN EXHIBITS UNDER SEAL PURSUANT TO LOCAL RULE 79-5 by Judge Andre Birotte Jr.: Upon Defendant Walmart Inc., f/k/a Wal-Mart Stores, Inc.'s Application to seal certain documents in connection with its Motion for Partial Summary Judgment #110 , IT IS ORDERED that Exhibits E and F to the Declaration of Naomi Beer may be filed under seal. (gk)
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Filing 115
MINUTES (IN CHAMBERS) ORDER VACATING February 6, 2020 hearing by Magistrate Judge Kenly Kiya Kato, re MOTION for Hearing Motion to Compel Further Responses to Discovery Against Defendant Wal-Mart Stores, Inc. #103 (dts)
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| Filing 114 PROOF OF SERVICE filed by Defendant Wal-Mart Stores, Inc., re Sealed Declaration in SupportDeclaration, #111 served on Jan. 24, 2020. (Herrington, Robert) |
| Filing 113 REPLY IN SUPPORT OF First REQUEST to Extend Time to Expert Disclosures #99 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 112 NOTICE OF LODGING filed Pursuant to L.R. 5-1, L.R. 5-4.2(b), and L.R. 11-5.1 re Sealed Declaration in SupportDeclaration, #111 , NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts 3, 4, 5, 7 and 8 #109 , APPLICATION to file document (Exhibits E and F in Support of Walmart's Motion for Partial Summary Judgment at ECF Dkt. No. 109) under seal #110 (Herrington, Robert) |
| Filing 111 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Exhibits E and F in Support of Walmart's Motion for Partial Summary Judgment at ECF Dkt. No. 109) under seal #110 filed by Defendant Wal-Mart Stores, Inc..(Herrington, Robert) |
| Filing 110 APPLICATION to file document (Exhibits E and F in Support of Walmart's Motion for Partial Summary Judgment at ECF Dkt. No. 109) under seal filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Herrington, Robert) |
| Filing 109 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts 3, 4, 5, 7 and 8 filed by Defendant Wal-Mart Stores, Inc.. Motion set for hearing on 2/28/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Statement of Uncontroverted Facts, #2 Declaration of Diana McChristian, #3 Declaration of Robert Herrington, #4 Appendix of Evidence: Exhibits A - J, #5 Proposed Order) (Herrington, Robert) |
| Filing 108 NOTICE OF ERRATA filed by Plaintiffs James S. Evans, Keineisha Smith. correcting Supplement(Motion related), #107 (Attachments: #1 Exhibit 1)(Setareh, Chaim) |
| Filing 107 SUPPLEMENT to MOTION for Hearing Motion to Compel Further Responses to Discovery Against Defendant Wal-Mart Stores, Inc. #103 Plaintiff's Supplemental Memorandum to the Joint Stipulation Pursuant to Local Rule 37-2 Regarding Plaintiff's Motion to Compel Further Responses to Discovery Against Defendant Wal-Mart Stores, Inc. filed by Plaintiffs James S. Evans, Keineisha Smith. (Setareh, Chaim) |
| Filing 106 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MEMORANDUM in Opposition to Motion #105 . The following error(s) was/were found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. 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) |
| Filing 105 MEMORANDUM in Opposition to First REQUEST to Extend Time to Expert Disclosures #99 filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration of Naomi Beer and Exhibits 1 - 5)(Herrington, Robert) |
| Filing 104 JOINT STIPULATION to MOTION for Hearing Motion to Compel Further Responses to Discovery Against Defendant Wal-Mart Stores, Inc. #103 filed by Plaintiff James S. Evans. (Attachments: #1 Declaration of William M. Pao in Support of Joint Stipulation Regarding Plaintiff's Motion to Compel Further Responses to Discovery Against Defendant Wal-Mart Stores, Inc., #2 Declaration Naomi Beer in Support of Joint Stipulation Regarding Plaintiff's Motion to Compel Further Responses to Discovery Against Defendant Wal-Mart Stores, Inc.)(Setareh, Chaim) |
| Filing 103 NOTICE OF MOTION AND MOTION for Hearing Motion to Compel Further Responses to Discovery Against Defendant Wal-Mart Stores, Inc. filed by Plaintiff James S. Evans. Motion set for hearing on 2/6/2020 at 10:00 AM before Magistrate Judge Kenly Kiya Kato. (Setareh, Chaim) |
| Filing 102 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First REQUEST to Extend Time to Expert Disclosures #99 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Order. The filer used the event, DISCOVERY Requests > Extend re Discovery Matter, for docketing this filing. The DISCOVERY events should not be used for motions for hearing before the District Judge. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
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Filing 101
ORDER GRANTING STIPULATION TO DISSEMINATE CLASS NOTICE by Judge Andre Birotte Jr.: The Court HEREBY ORDERS that the Notice plan described in the Stipulation #98 is approved. Walmart is to provide class data to the Notice Administrator within seven calendar days of this Order. The Notice Administrator is to send out notice within seven calendar days after receipt of the data from Walmart, or this Order, whichever is later. The deadline for class members to opt out is 45 days after the sending of Notice by the Notice Administrator. (gk)
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| Filing 100 DECLARATION of Shaun Setareh in Support First REQUEST to Extend Time to Expert Disclosures #99 filed by Plaintiff James S. Evans. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Setareh, Chaim) |
| Filing 99 First REQUEST to Extend Time to Expert Disclosures filed by Plaintiff James S. Evans. Request set for hearing on 2/7/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order Proposed Order)(Setareh, Chaim) |
| Filing 98 STIPULATION for Order Granting Dissemiate Class Notice filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit Exhibit A to Stipulation to Disseminate Class Notice, #2 Exhibit Exhibit B to Stipulation to Disseminate Class Notice, #3 Proposed Order Proposed Order Granting Stipulation to Disseminate Class Notice)(Herrington, Robert) |
| Filing 97 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/15/19, 10:10 A.M re Transcript #96 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Jui, Chia) TEXT ONLY ENTRY |
| Filing 96 TRANSCRIPT for proceedings held on 11/15/19, 10:10 A.M. Court Reporter/Electronic Court Recorder: Chia Mei Jui, CSR, cmjui.csr@gmail.com, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through COURT REPORTER: Chia Mei Jui, CSR, cmjui.csr@gmail or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/10/2020. Redacted Transcript Deadline set for 1/21/2020. Release of Transcript Restriction set for 3/19/2020. (Jui, Chia) |
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Filing 95
ORDER GRANTING MOTION TO STAY PROCEEDINGS WITH RESPECT TO COUNT VI AND GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by Judge Andre Birotte Jr.: The Court GRANTS Defendant's Motion to Stay All Proceedings Related to Count VI of Plaintiffs' First Amended Complaint #71 , GRANTS Plaintiffs' Motion to Certify the Wage Statement Class #50 . See document for further details. (gk)
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| Filing 94 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Plaintiffs' Motion for Class Certification #50 . The Courtroom Deputy Clerk distributes the Court's tentative rulings prior to the case being called. Plaintiffs inform the Court that they submit on the tentative. 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) |
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Filing 93
ORDER by Judge Andre Birotte Jr. Granting Non-Resident Attorney Naomi Beer to Appear Pro Hac Vice on behalf of Defendant Wal-Mart Stores, Inc., designating Robert J. Herrington as local counsel #90 . (gk)
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| Filing 92 Joint STIPULATION to Dismiss Plaintiff Keineisha Smith filed by Defendant Wal-Mart Stores, Inc..(Herrington, Robert) |
| Filing 91 NOTICE Notice of Errata and Corrected Application for Pro Hac Vice Admission for Naomi Beer filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order Proposed Order Granting Application for Pro Hac Vice Admission of Naomi Beer)(Herrington, Robert) |
| Filing 90 APPLICATION of Non-Resident Attorney Naomi Beer to Appear Pro Hac Vice on behalf of Defendant Wal-Mart Stores, Inc. (Pro Hac Vice Fee - $400.00 Previously Paid on 10/10/2019, Receipt No. 0973-24591161) filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order) (Herrington, Robert) |
| Filing 89 NOTICE of Denial of Rule 23(f) Petition in Garcia v. Wal-Mart Stores, Inc. filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
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Filing 88
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO STAY FURTHER PROCEEDINGS RELATED TO COUNT VI PENDING THE RESOLUTION OF GARCIA V. WALMART STORES, INC #71 by Judge Andre Birotte Jr. The Court hereby STAYS all proceedings related to Count VI of the First Amended Complaint pending resolution of Defendants' 23(f) Petition regarding Garcia v. Wal-Mart Stores, Inc. If the Ninth Circuit denies Defendants 23(f) Petition, the Court ORDERS the parties to file a notice of that denial within fourteen days of its issuance. Upon receipt of this notice, the Court will determine whether the stay should continue, and whether supplemental briefing is necessary. If the 23(f) Petition is granted, the stay will continue, and the parties are ORDERED to file a notice of the Ninth Circuit's Mandate with the Court within fourteen days of its issuance. (lom)
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| Filing 87 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Andre Birotte Jr. The document is stricken #84 . (yl) . |
| Filing 86 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Naomi Beer to Appear Pro Hac Vice on behalf of Defendant Wal-Mart Stores, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24591161) #84 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. (lom) |
| Filing 85 REPLY In Support NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings Defendant Walmart's Notice of Motion and Motion to Stay Further Proceedings Related to County VI Pending the Resolution of Garcia v. Wal-Mart Stores, Inc.; Memorandum of Points and #71 filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 84 **STRICKEN** APPLICATION of Non-Resident Attorney Naomi Beer to Appear Pro Hac Vice on behalf of Defendant Wal-Mart Stores, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24591161) filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Colorado COGS, #2 District of Columbia COGS, #3 New York COGS, #4 Proposed Order) (Herrington, Robert) Modified on 10/17/2019 (yl). |
| Filing 83 NOTICE OF ERRATA filed by Plaintiff James S. Evans. correcting Declaration (Motion related), #81 , Response in Opposition to Motion, #80 (Attachments: #1 Exhibit A, #2 Exhibit B)(Setareh, Chaim) |
| Filing 82 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings Defendant Walmart's Notice of Motion and Motion to Stay Further Proceedings Related to County VI Pending the Resolution of Garcia v. Wal-Mart Stores, Inc.; Memorandum of Points and #71 filed by Plaintiffs James S. Evans, Keineisha Smith. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Setareh, Chaim) |
| Filing 81 DECLARATION of WILLIAM M. PAO IN OPPOSITION TO NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings Defendant Walmart's Notice of Motion and Motion to Stay Further Proceedings Related to County VI Pending the Resolution of Garcia v. Wal-Mart Stores, Inc.; Memorandum of Points and #71 filed by Plaintiffs James S. Evans, Keineisha Smith. (Attachments: #1 Exhibit A)(Setareh, Chaim) |
| Filing 80 OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings Defendant Walmart's Notice of Motion and Motion to Stay Further Proceedings Related to County VI Pending the Resolution of Garcia v. Wal-Mart Stores, Inc.; Memorandum of Points and #71 filed by Plaintiffs James S. Evans, Keineisha Smith. (Setareh, Chaim) |
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Filing 79
ORDER GRANTING PLAINTIFFS' APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL by Judge Andre Birotte Jr.: Upon Plaintiffs' Application for Leave to File UnderSeal #73 , Plaintiffs are hereby ORDERED to file Exhibits 3-8 attached to the Declaration of William M. Pao in support of Plaintiffs' Reply in Support of Motion for Class Certification; and Exhibits B-C attached to the Declaration of James Toney in support of Plaintiffs' Reply in Support of Motion for Class Certification; under seal. (gk)
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| Filing 78 DECLARATION of James Toney IN SUPPORT OF NOTICE OF MOTION AND MOTION to Certify Class #50 filed by Plaintiffs James S. Evans, Keineisha Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Setareh, Chaim) |
| Filing 77 DECLARATION of William M. Pao IN SUPPORT OF NOTICE OF MOTION AND MOTION to Certify Class #50 filed by Plaintiffs James S. Evans, Keineisha Smith. (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)(Setareh, Chaim) |
| Filing 76 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Certify Class #50 filed by Plaintiffs James S. Evans, Keineisha Smith. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Setareh, Chaim) |
| Filing 75 REPLY in support of NOTICE OF MOTION AND MOTION to Certify Class #50 filed by Plaintiffs James S. Evans, Keineisha Smith. (Setareh, Chaim) |
| Filing 74 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 3-8 of Declaration of William M. Pao and Exhibits B-C of Declaration of James Toney under seal #73 filed by Plaintiffs James S. Evans, Keineisha Smith. (Attachments: #1 Unredacted Document Exhibit 3, #2 Unredacted Document Exhibit 4, #3 Unredacted Document Exhibit 5, #4 Unredacted Document Exhibit 6, #5 Unredacted Document Exhibit 7, #6 Unredacted Document Exhibit 8, #7 Unredacted Document Exhibit B, #8 Unredacted Document Exhibit C)(Setareh, Chaim) |
| Filing 73 APPLICATION to file document Exhibits 3-8 of Declaration of William M. Pao and Exhibits B-C of Declaration of James Toney under seal filed by Plaintiffs James S. Evans, Keineisha Smith. (Attachments: #1 Proposed Order, #2 Redacted Document Exhibit 3, #3 Redacted Document Exhibit 4, #4 Redacted Document Exhibit 5, #5 Redacted Document Exhibit 6, #6 Redacted Document Exhibit 7, #7 Redacted Document Exhibit 8, #8 Redacted Document Exhibit B, #9 Redacted Document Exhibit C)(Setareh, Chaim) |
| Filing 72 NOTICE Notice of Errata filed by Defendant Wal-Mart Stores, Inc.. Notice of Errata Regarding Defendant Walmart's Brief in Opposition to Plaintiffs' Motion for Class Certification (Herrington, Robert) |
| Filing 71 NOTICE OF MOTION AND MOTION to Stay Case pending Proceedings Defendant Walmart's Notice of Motion and Motion to Stay Further Proceedings Related to County VI Pending the Resolution of Garcia v. Wal-Mart Stores, Inc.; Memorandum of Points and Authorities filed by Defendant Wal-Mart Stores, Inc.. Motion set for hearing on 10/25/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration Naomi Beer Decl ISO Walmart's Motion to Stay Further Proceedings Related to Count VI Pending Resolution of Garcia v. Walmart, #2 Exhibit Exhibits 1-6 to Naomi Beer Decl ISO Walmart's Motion to Stay Further Proceedings Related to Count VI Pending Resolution of Garcia v. Walmart, #3 Proposed Order Proposed Order Granting Walmart's Motion to Stay Further Proceedings Related to Count VI Pending Resolution of Garcia v. Walmart) (Herrington, Robert) |
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Filing 70
ORDER GRANTING JOINT STIPULATION TO EXTEND THE MEDIATION DEADLINE by Judge Andre Birotte Jr.: Upon Stipulation #69 , the Court hereby orders that the deadline for Defendant and Plaintiffs to mediate is continued to 1/31/2020. (gk)
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| Filing 69 STIPULATION for Hearing re Order/Referral to ADR (No 3) (Private Mediator) (ADR-12) #25 re Mediation, STIPULATION to Continue Mediation Deadline from September 13, 2019 to January 31, 2020 Re: Order/Referral to ADR (No 3) (Private Mediator) (ADR-12) #25 filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration Herrington Declaration ISO Joint Stipulation to Extend the Mediation Deadline, #2 Proposed Order Proposed Order Granting Joint Stipulation to Extend The Mediation Deadline)(Herrington, Robert) |
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Filing 68
ORDER GRANTING WALMART'S APPLICATION TO FILE CERTAIN EXHIBITS UNDER SEAL by Judge Andre Birotte Jr.: Upon Walmart's Application to seal certain documents in connection with its Opposition to Plaintiffs' Motion for Class Certification #65 , IT IS ORDERED that Exhibits 3, 4, 13, 14, 15 and 16 to the Declaration of Naomi Beer may be filed under seal. (gk)
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Filing 67
ORDER GRANTING PLAINTIFFS' APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL by Judge Andre Birotte Jr.: Upon Plaintiffs' Application #48 , IT IS HEREBY ORDERED that Plaintiff's Notice of Motion and Motion for Class Certification and Exhibits 16-25 attached to the Declaration of William M. Pao in support of Plaintiff's Motion for Class Certification shall be filed under seal. See document for further details. (gk)
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| Filing 66 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Certain Exhibits in Support of Defendant's Opposition (at ECF Dkt. No. 64) to Class Certification under seal #65 filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 3, 4, 13, 14, 15, and 16 in Support of Opposition to Motion for Class Certification)(Herrington, Robert) |
| Filing 65 APPLICATION to file document Certain Exhibits in Support of Defendant's Opposition (at ECF Dkt. No. 64) to Class Certification under seal filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Herrington, Robert) |
| Filing 64 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class #50 as Corrected at ECF Dkt. No. 57-1 filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration of Diana McChristian, #2 Declaration of Robert Herrington, #3 Appendix of Exhibits)(Herrington, Robert) |
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Filing 63
ORDER by Judge Andre Birotte Jr.: Plaintiffs' Ex Parte Application for an order modifying the class certification briefing schedule #40 is DENIED. (gk)
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| Filing 62 PROOF OF SERVICE filed by Plaintiff James S. Evans, Keineisha Smith, re Errata #57 served on 7/29/2019. (Setareh, Chaim) |
| Filing 61 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #54 . The following error(s) was/were found: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to a Notice of Lodging, Local Rule 5-4.4.1. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 60 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration (Motion related) #52 . 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) |
| Filing 59 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Certify Class #50 . The following error(s) was/were found: Local Rule 11-6 Memorandum/brief exceeds 25 pages. Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. 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) |
| Filing 58 Notice of Appearance or Withdrawal of Counsel: for attorney Chaim Shaun Setareh counsel for Plaintiffs James S. Evans, Keineisha Smith. Adding Alexandra R. McIntosh as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff James Evans. (Setareh, Chaim) |
| Filing 57 NOTICE OF ERRATA filed by Plaintiffs James S. Evans, Keineisha Smith. correcting NOTICE OF MOTION AND MOTION to Certify Class #50 [REDACTED] FILED CONDITIONALLY UNDER SEAL (Attachments: #1 Exhibit A)(Setareh, Chaim) |
| Filing 56 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First EX PARTE APPLICATION for Order for Modifying the Class Certification Briefing Schedule #39 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Responses/Replies/Other Motion Related Documents > Declaration (Motion related). The filer used a motion-type event for docketing this filing, thus clerk shall remove this Declaration from the pending motion report. 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) |
| Filing 55 Amendment to NOTICE OF MOTION AND MOTION to Certify Class #50 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 54 Proposed Order re: APPLICATION to file document under seal #48 (Setareh, Chaim) |
| Filing 53 DECLARATION of William M. Pao in support of NOTICE OF MOTION AND MOTION to Certify Class #50 filed by Plaintiff James S. Evans. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26)(Setareh, Chaim) |
| Filing 52 DECLARATION of James S. Evans in support of NOTICE OF MOTION AND MOTION to Certify Class #50 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 51 DECLARATION of Shaun Setareh in support of NOTICE OF MOTION AND MOTION to Certify Class #50 filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 50 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs James S. Evans. Motion set for hearing on 8/30/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order [Proposed] Order) (Setareh, Chaim) |
| Filing 49 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #48 filed by Plaintiff James S. Evans. (Attachments: #1 Unredacted Document Plaintiff's Motion for Class Certification, #2 Unredacted Document Exhibit 16, #3 Unredacted Document Exhibit 17, #4 Unredacted Document Exhibit 18, #5 Unredacted Document Exhibit 19.1, #6 Unredacted Document Exhibit 19.2, #7 Unredacted Document Exhibit 20.1, #8 Unredacted Document Exhibit 20.2, #9 Unredacted Document Exhibit 20.3, #10 Unredacted Document Exhibit 21, #11 Unredacted Document Exhibit 22.1, #12 Unredacted Document Exhibit 22.2, #13 Unredacted Document Exhibit 22.3, #14 Unredacted Document Exhibit 24, #15 Unredacted Document Exhibit 25)(Setareh, Chaim) |
| Filing 48 APPLICATION to file document under seal filed by Plaintiff James S. Evans. (Attachments: #1 Redacted Document Plaintiff's Motion for Class Certification, #2 Redacted Document Exhibit 16, #3 Redacted Document Exhibit 17, #4 Redacted Document Exhibit 18, #5 Redacted Document Exhibit 19, #6 Redacted Document Exhibit 20, #7 Redacted Document Exhibit 21, #8 Redacted Document Exhibit 22, #9 Redacted Document Exhibit 23, #10 Redacted Document Exhibit 24, #11 Redacted Document Exhibit 25)(Setareh, Chaim) |
| Filing 47 Notice of Appearance or Withdrawal of Counsel: for attorney Chaim Shaun Setareh counsel for Plaintiffs James S. Evans, Keineisha Smith. Lilit Ter-Astvatsatryan is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff James Evans. (Setareh, Chaim) |
| Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Chaim Shaun Setareh counsel for Plaintiffs James S. Evans, Keineisha Smith. Ashley Batiste is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff James Evans. (Setareh, Chaim) |
| Filing 45 NOTICE OF ELECTRONIC FILING re Declaration #42 , Declaration #41 , First EX PARTE APPLICATION for Order for Modifying the Class Certification Briefing Schedule #39 , MEMORANDUM in Opposition to Motion #44 , First EX PARTE APPLICATION for Order for Modifying the Class Certification Briefing Schedule #40 , Errata #43 e-mailed to ashley@setarehlaw.com bounced due to 550 5.1.10 RESOLVER.ADR.RecipientNotFound. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nhac) TEXT ONLY ENTRY |
| Filing 44 MEMORANDUM in Opposition to First EX PARTE APPLICATION for Order for Modifying the Class Certification Briefing Schedule #40 filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1 - 3)(Herrington, Robert) |
| Filing 43 NOTICE OF ERRATA filed by Plaintiffs James S. Evans, Keineisha Smith. correcting Declaration (Motion related), #41 of William Pao in Support of First Ex Parte Application for an Order Modifying the Class Certification Briefing Schedule (Attachments: #1 Exhibit A)(Setareh, Chaim) |
| Filing 42 DECLARATION of William Pao in Support of Plaintiff's Ex Parte Application for an Order Modifying the Class Certification Briefing Schedule First EX PARTE APPLICATION for Order for Modifying the Class Certification Briefing Schedule #40 filed by Plaintiffs James S. Evans, Keineisha Smith. (Attachments: #1 Exhibit 1)(Setareh, Chaim) |
| Filing 41 DECLARATION of William Pao In Support of Plaintiff's Ex Parte Application for an Order Modifying the Class Certification Briefing Schedule First EX PARTE APPLICATION for Order for Modifying the Class Certification Briefing Schedule #39 , First EX PARTE APPLICATION for Order for Modifying the Class Certification Briefing Schedule #40 filed by Plaintiffs James S. Evans, Keineisha Smith. (Attachments: #1 Exhibit 1)(Setareh, Chaim) |
| Filing 40 First EX PARTE APPLICATION for Order for Modifying the Class Certification Briefing Schedule filed by Plaintiff James S. Evans, Keineisha Smith. (Attachments: #1 Proposed Order Proposed Order) (Setareh, Chaim) |
| Filing 39 First EX PARTE APPLICATION for Order for Modifying the Class Certification Briefing Schedule filed by Plaintiff James S. Evans, Keineisha Smith. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16) (Setareh, Chaim) |
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Filing 38
ORDER RE STIPULATED REQUEST TO EXTEND TIME TO FILE CLASS CERTIFICATION MOTION AND CONTINUE CLASS CERTIFICATION HEARING DATE by Judge Andre Birotte Jr.: This Court hereby grants the Stipulation to extend deadlines #29 . This Court hereby ORDERS: Motion for Class Certification shall be filed by 7/22/2019. Opposition to Motion for Class Certification shall be filed by 9/3/2019. Reply to Opposition to Motion for Class Certification shall be filed by 10/1/2019. Hearing for Motion for Class Certification is hereby set for 11/15/2019. (gk)
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Filing 37
ORDER RE STIPULATION REGARDING PUTATIVE CLASS MEMBER CONTACT INFORMATION by Judge Andre Birotte Jr.: Upon Stipulation #28 , the Court hereby approves the stipulated opt-out notice, attached as Exhibit A. (gk)
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Filing 36
ORDER APPROVING STIPULATED PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order #35 (dts)
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| Filing 35 Joint STIPULATION for Protective Order filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Herrington, Robert) |
| Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Chaim Shaun Setareh counsel for Plaintiff James S. Evans. Adding Ashley N. Batiste as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Chaim Shaun Setareh counsel for Plaintiff James S. Evans. Adding Lilit Ter- Astvatsatryan as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Chaim Shaun Setareh counsel for Plaintiff James S. Evans. Adding Thomas Segal as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Chaim Shaun Setareh counsel for Plaintiff James S. Evans. Adding William Pao as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff James S. Evans. (Setareh, Chaim) |
| Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Chaim Shaun Setareh counsel for Plaintiff James S. Evans. Howard Scott Leviant is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Plaintiff. (Setareh, Chaim) |
| Filing 29 STIPULATION to Continue Motion for Class Certification, Opposition, Reply, and Hearing from Motion for Class Certification: April 22, 2019; Opposition: June 3, 2019; Reply: July 1, 2019; Hearing: August 30, 2019 to Motion for Class Certification: July 22, 2019; Opposition: September 3, 2019; Reply: October 1, 2019; Hearing: November 15, 2019 or a date thereafter most convenient for the Court Re: Scheduling Order,,,, Set/Reset Deadlines/Hearings,,, #26 filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Herrington, Robert) |
| Filing 28 STIPULATION for Order Governing the Procedures for Production of Putative Class Member Contact Information filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Herrington, Robert) |
| Filing 27 NOTICE of Change of address by Howard Scott Leviant attorney for Plaintiffs James S. Evans, Keineisha Smith. Changing attorneys address to Setareh Law Group, 315 S. Beverly Blvd., Suite 315, Beverly Hills, CA 90212. Filed by Plaintiffs James S. Evans, Keineisha Smith. (Leviant, Howard) |
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Filing 26
ORDER RE JURY TRIAL I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 6/16/2020 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference set for 6/16/2020 08:30 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 1/18/2019. Non-Expert Discovery cut-off 2/14/2020. Last Date to Hear Motions 2/28/2020. Deadline to Complete Settlement Conference 9/13/2019. 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 4/10/2020. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 4/17/2020. See document for further details. (gk)
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Filing 25
ORDER/REFERRAL to ADR Procedure No 3 by Judge Andre Birotte Jr. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 9/13/2019. (cb)
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Filing 24
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the May 4, 2018, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 23 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 17 to 20 Days, filed by Defendant Wal-Mart Stores, Inc... (Attachments: #1 Schedule of Pretrial and Trial Dates Worksheet)(Herrington, Robert) |
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Filing 22
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 5/4/2018 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 21 ANSWER to Amended Complaint/Petition #12 filed by Defendant Wal-Mart Stores, Inc..(Herrington, Robert) |
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Filing 20
ORDER GRANTING Stipulation Extending Time to Answer the First Amended Complaint (30 days or less) #15 , by Judge Andre Birotte Jr. (shb)
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| Filing 19 CERTIFICATION and NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, identifying James S. Evans, Keineisha Smith. (Setareh, Chaim) |
| Filing 18 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Wal-Mart Stores, Inc., identifying Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #12 . The following error(s) was/were 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: (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) |
| Filing 16 DECLARATION of Robert J. Herrington re Stipulation Extending Time to Answer (30 days or less) #15 or Otherwise Respond to First Amended Complaint filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 15 Joint STIPULATION Extending Time to Answer the complaint as to Wal-Mart Stores, Inc. answer now due 1/8/2018, re Amended Complaint/Petition #12 filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Proposed Order)(Herrington, Robert) |
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Filing 14
ORDER GRANTING JOINT STIPULATION TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO FIRST AMENDED COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation #13 , the Court hereby orders that the deadline for Defendant to answer or otherwise respond to Plaintiffs' First Amended Complaint #12 is 12/18/2017. (gk)
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| Filing 13 Joint STIPULATION for Extension of Time to File Answer to December 18, 2017 re Amended Complaint/Petition #12 filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration Robert J. Herrington, #2 Proposed Order)(Herrington, Robert) |
| Filing 12 First AMENDED COMPLAINT against Defendant Wal-Mart Stores, Inc. amending Complaint - (Discovery), filed by Plaintiff James S. Evans(Setareh, Chaim) |
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Filing 11
ORDER granting Stipulation Extending Time to Answer Complaint (30 days or less), #8 by Judge Andre Birotte Jr. The deadline for Defendant to respond to Plaintiffs Complaint is November 24, 2017. (shb)
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Filing 10
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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Filing 9
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 5:17-cv-01415 AB(KKx). Case transferred from Judge R. Gary Klausner and Magistrate Judge Gail J. Standish to Judge Andre Birotte Jr and Magistrate Judge Kenly Kiya Kato for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:17-cv-07641 AB(KKx). Signed by Judge Andre Birotte Jr (rn)
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| Filing 8 Joint STIPULATION Extending Time to Answer the complaint as to Wal-Mart Stores, Inc. answer now due 11/24/2017, re Complaint - (Discovery) filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Declaration of Robert J. Herrington, #2 Proposed Order)(Herrington, Robert) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Gail J. Standish. (jtil) |
| Filing 5 NOTICE of Related Case(s) filed by Defendant Wal-Mart Stores, Inc.. Related Case(s): 5:17-cv-1415 AB (KKx); 5:17-cv-01485 AB (KKx); 5:17-cv-05630-AB-KK (Herrington, Robert) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff James S. Evans in Los Angeles Superior Court on 9/13/2017; attached to Notice of Removal as Exhibit A. (jtil) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT pursuant to F.R.C.P. 7.1 filed by Defendant Wal-Mart Stores, Inc. (Herrington, Robert) |
| Filing 3 Certification and NOTICE of Interested Parties filed by Defendant Wal-Mart Stores, Inc., (Herrington, Robert) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Wal-Mart Stores, Inc.. (Herrington, Robert) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC675587 with filing fee previously paid ($400.00 paid on 10/18/2017, receipt number 0973-20686329), filed by Defendant Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A: Summons & Complaint, #2 Exhibit B: Remainder of State Court File) (Attorney Robert J Herrington added to party Wal-Mart Stores, Inc.(pty:dft))(Herrington, Robert) |
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