Joseph Saenz v. Lowes Home Centers, LLC et al
| Joseph Saenz |
| Does 1 through 20, inclusive and Lowes Home Centers, LLC |
| 2:2017cv08758 |
| December 5, 2017 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Otis D Wright |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 31, 2019. A more recent docket listing may be available from PACER.
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| Filing 45 JUDGMENT by Judge Otis D. Wright, II: The Court has entered Final Approval of the parties Settlement #44 . Accordingly, Plaintiffs and the Settlement Class Members claims against Defendant Lowes Home Centers, LLC are hereby DISMISSED WITH PREJUDICE, and this Judgment shall enter consistent with Federal Rule of Civil Procedure 58. (MD JS-6, Case Terminated). (lc) |
Filing 44
ORDER GRANTING MOTION FOR FINAL APPROVAL #41 ; GRANTING IN PART MOTIONFOR ATTORNEYS FEES, COSTS AND INCENTIVE AWARD #40 by Judge Otis D. Wright, II: The gross settlement amount approved is $250,000.00.The Court awards Class Counsel $62,500.00, which is 25% of the Gross Settlement Amount. Class Counsel is awarded $2476.11 in litigation and expenses andILYMs is awarded $23,032.96 in fees and costs.Mr. Saenz is awarded $5000.00 as an incentive award. (lc)
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| Filing 43 MINUTES OF Motion Hearing held before Judge Otis D. Wright, II: RE MOTION for Settlement Approval #41 ; MOTION for Attorney Fees #40 . The Court hears from counsel as stated on the record. An order detailing award amounts will issue. Court Reporter: Terri Hourigan. (lc) |
| Filing 42 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Attorney Fees , Costs, and Class Representative Incentive Award #40 [Proposed] Corrected Order Granting Motion for Award of Attorneys' Fees, Costs, and Class Representative Incentive Award filed by Plaintiff Joseph Saenz. (Smith, Samantha) |
| Filing 41 NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement filed by Plaintiff Joseph Saenz. Motion set for hearing on 7/29/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order, #4 Judgment) (Smith, Samantha) |
| Filing 40 NOTICE OF MOTION AND MOTION for Attorney Fees , Costs, and Class Representative Incentive Award filed by Plaintiff Joseph Saenz. Motion set for hearing on 7/29/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Proposed Order) (Smith, Samantha) |
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Filing 39
ORDER GRANTING PRELIMINARY APPROVAL #37 by Judge Otis D. Wright, II. The Court GRANTS Plaintiff's Motion for Preliminary Approval of Class Action Settlement. The final approval hearing shall be held on July 29, 2019 at 1:30 p.m. (lom)
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| Filing 38 The hearing on the MOTION FOR PRELIM APPROVAL #37 , scheduled for January 7, 2019 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 37 NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement filed by Plaintiff Joseph Saenz. Motion set for hearing on 1/7/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order) (Smith, Samantha) |
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Filing 36
ORDER GRANTING TWO-WEEK CONTINUANCE OF DEADLINE TO FILE MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT FROM NOVEMBER 16, 2018 TO NOVEMBER 29, 2018 #35 by Judge Otis D. Wright, II (lc) Modified on 11/19/2018 (lc).
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| Filing 35 STIPULATION to Continue Deadline to File Motionfor Preliminary Approval of Settlement from November 16, 2018 to November 29, 2018 Re: Order,, Terminate Deadlines and Hearings, #34 filed by Plaintiff Joseph Saenz. (Attachments: #1 Proposed Order)(Smith, Samantha) |
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Filing 34
ORDER VACATING DEADLINES IN LIGHT OF SETTLEMENT AND SETTING DEADLINE TO FILEMOTION FOR PRELIMINARY APPROVAL #33 by Judge Otis D. Wright, II: The dates anddeadlines currently set in the above-captioned matter, including Plaintiffs deadline to move for class certification on October 29, 2018, is hereby vacated in light of the Parties settlement..Plaintiff shall file a motion forpreliminary approval of class action settlement no later than November 16, 2018. (lc)
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| Filing 33 STIPULATION to Vacate Order, #30 , Scheduling Order,,,, Terminate Hearings,,,, Set/Reset Deadlines/Hearings,,, #28 and Set Deadline to File Motion for Preliminary Approval filed by Plaintiff Joseph Saenz. (Attachments: #1 Proposed Order)(Attorney Samantha A Smith added to party Joseph Saenz(pty:pla))(Smith, Samantha) |
| Filing 32 NOTICE of Change of Attorney Business or Contact Information: for attorney Phillip J Eskenazi counsel for Defendant Lowes Home Centers, LLC. Changing firm name to Hunton Andrews Kurth LLP. Changing emails to peskenazi@HuntonAK.com; khornbeck@HuntonAK.com; and mlorenzen@HuntonAK.com. Filed by Defendant Lowe's Home Centers, LLC. (Eskenazi, Phillip) |
| Filing 31 NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS filed by Defendant Lowes Home Centers, LLC. (Hornbeck, Kirk) |
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Filing 30
ORDER SETTING CLASS CERTIFICATION BRIEFING SCHEDULE #26 by Judge Otis D. Wright, II: Deadline for Plaintiff to file Motion for Class Certification: November 26, 2018; Deadline for Plaintiff to Reply in Support of Motion for Class Certification: December 24, 2018; Hearing on Plaintiffs Motion for Class Certification : January 14, 2019. (lc)
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Filing 29
ORDER/REFERRAL to ADR Procedure No 3 by Judge Otis D. Wright, II. Case ordered to Court Mediation Panel for mediation. (lc) Modified on 4/23/2018 (mb).
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Filing 28
SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIALS) by Judge Otis D Wright II: THE SCHEDULING CONFERENCE IS VACATED. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES; Jury Trial: 6/11/19 9:00 AM; File final trial exhibit stipulation: 6/6/18; Hearing on Motions in limine: 6/3/19 1:30 PM; Final Pretrial Conference: 5/20/19 1:30 PM; File Motions in Limine: 5/20/19 ; File oppositions to motions in limine: 5/27/19; File Proposed Pretrial Conference Order, Memoranda and Contentions of Fact and Law, Joint Witness List, Joint Exhibit List and Exhibit Stipulation, Proposed Verdict Form(s), Proposed Jury Instructions / Disputed Jury Instructions, Proposed Voir Dire Questions, Joint Statement of the Case, Joint Status Report re: Settlement: 5/13/19; Deadline for hearing motions: 4/15/19;Deadline to Conduct Settlement Conference: 4/15/19; Expert discovery cutoff: 4/1/19; Percipient/Fact discovery cutoff: 4/1/19; deadline to amend: 3/4/19. (lc)
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| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Lowe's Miscellaneous Document #26 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Stipulation: order. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Missing proposed order which should have been submitted as a separate attachment; re incorrect event: Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word".. 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. (lc) |
| Filing 26 Joint Stipulation Proposing Class Certification Briefing Schedule filed by Defendant Lowes Home Centers, LLC (Hornbeck, Kirk) |
| Filing 25 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-10 days, filed by Defendant Lowes Home Centers, LLC.. (Hornbeck, Kirk) |
| Filing 24 ANSWER to Amended Complaint/Petition #21 filed by Defendant Lowes Home Centers, LLC.(Eskenazi, Phillip) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Kirk A Hornbeck, Jr counsel for Defendant Lowes Home Centers, LLC. Adding Kirk A. Hornbeck as counsel of record for Lowe's Home Centers, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Lowe's Home Centers, LLC. (Attorney Kirk A Hornbeck, Jr added to party Lowes Home Centers, LLC(pty:dft))(Hornbeck, Kirk) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew Huang counsel for Defendant Lowes Home Centers, LLC. Andrew Huang is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Lowe's Home Centers, LLC. (Huang, Andrew) |
| Filing 21 First AMENDED COMPLAINT against Defendant All Defendants amending Complaint - (Discovery), filed by Plaintiff Joseph Saenz(Carlsen, Ali) |
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Filing 20
ORDER GRANTING STIPULATION TO ALLOW PLAINTIFF TO FILE A FIRST AMENDED COMPLAINT #19 by Judge Otis D. Wright, II: Plaintiff may file the First Amended Complaint. Defendants deadline to answer or otherwise respond to the First Amended Complaint shall be 21 days after the First Amended Complaint is served. (lc)
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| Filing 19 STIPULATION to Allow Plaintiff to File a First Amended Complaint filed by Plaintiff Joseph Saenz. (Attachments: #1 Exhibit A - First Amended Complaint, #2 Proposed Order Granting Stipulation to File First Amended Complaint)(Manus, Marta) |
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Filing 18
ORDER GRANTING STIPULATION FOR RELIEF FROM LOCAL RULE 23-3 #17 by Judge Otis D. Wright, II: 1. The deadline for Plaintiff to move for class certification is VACATED. 2. On the same day the Parties submit their Joint Rule 26(f) Report, they shall also submit a separate stipulation (as a separate filing from the Rule 26(f) Report) with a proposed briefing schedule for the class certificationbriefing. (lc)
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| Filing 17 Joint STIPULATION for Relief from Local Rule 23-3 filed by Plaintiff Joseph Saenz. (Attachments: #1 Proposed Order Granting Stipulation for Relief from L.R. 23-3)(Manus, Marta) |
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Filing 16
ORDER that the Scheduling Conference is set for 4/2/2018 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
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| Filing 15 ANSWER to Complaint - (Discovery) filed by Defendant Lowes Home Centers, LLC.(Eskenazi, Phillip) |
| Filing 14 STIPULATION Extending Time to Answer the complaint as to Lowes Home Centers, LLC answer now due 12/27/2017, re Complaint - (Discovery) filed by Defendant Lowes Home Centers, LLC.(Huang, Andrew) |
| Filing 13 CERTIFICATE OF SERVICE filed by Defendant Lowes Home Centers, LLC, re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #8 served on 12/07/2017. (Attachments: #1 Exhibit A - Notice to Parties of Court-Directed ADR Program)(Eskenazi, Phillip) |
| Filing 12 CERTIFICATE OF SERVICE filed by Defendant Lowes Home Centers, LLC, re Notice of Assignment to United States Judges(CV-18) - optional html form #7 served on 12/07/17. (Attachments: #1 Exhibit A - Notice of Assignment to United States Judges)(Eskenazi, Phillip) |
| Filing 11 CERTIFICATE OF SERVICE filed by Defendant Lowes Home Centers, LLC, served on 12/05/2017. (Attachments: #1 Exhibit A - Copy of Defendant Lowe's Home Centers, LLC's Notice to Adverse Party of Removal of Action to the United States District Court, #2 Exhibit B - Copy of Defendant Lowe's Home Centers, LLC's Notice to State Court of Removal of Action to the United States District Court)(Eskenazi, Phillip) |
| Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Marta Manus counsel for Plaintiff Joseph Saenz. Adding Marta Manus as counsel of record for Joseph Saenz for the reason indicated in the G-123 Notice. Filed by Plaintiff Joseph Saenz. (Attorney Marta Manus added to party Joseph Saenz(pty:pla))(Manus, Marta) |
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Paul L. Abrams. (et) |
| Filing 6 CERTIFICATE OF SERVICE filed by Defendant Lowe's Home Centers, LLC, a North Carolina limited liability company, re Notice of Removal (Attorney Civil Case Opening), #1 , Corporate Disclosure Statement #3 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #4 , Notice of Related Case(s) #5 served on 12/05/2017. (Eskenazi, Phillip) |
| Filing 5 NOTICE of Related Case(s) filed by Defendant Lowe's Home Centers, LLC, a North Carolina limited liability company. (Eskenazi, Phillip) |
| Filing 4 NOTICE of Interested Parties filed by Defendant Lowe's Home Centers, LLC, a North Carolina limited liability company, identifying Lowe's Companies, Inc.. (Eskenazi, Phillip) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant Lowe's Home Centers, LLC, a North Carolina limited liability company identifying Lowe's Companies, Inc. as Corporate Parent. (Eskenazi, Phillip) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Lowe's Home Centers, LLC, a North Carolina limited liability company. (Eskenazi, Phillip) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC682111 Receipt No: 0973-20922126 - Fee: $400, filed by Defendant Lowe's Home Centers, LLC, a North Carolina limited liability company. (Attachments: #1 Declaration of Grace Ridley In Support of Notice of Removal) (Attorney Phillip J Eskenazi added to party Lowe's Home Centers, LLC, a North Carolina limited liability company(pty:dft))(Eskenazi, Phillip) |
| NON-CONFORMED COPY OF CLASS ACTION COMPLAINT against Defendants Lowes Home Centers, LLC., Does 1 through 20, inclusive. Jury Demanded., filed by Plaintiff Joseph Saenz. [SUBMITTED ATTACHED TO NOTICE OF REMOVAL] (et) |
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