Edward Bouissey et al v. Swift Transportation Co., Inc. et al
| Edward Bouissey and Richard Hodges |
| Swift Transportation Co of Arizona LLC and Swift Transportation Co Inc |
| 2:2019cv03203 |
| April 23, 2019 |
| US District Court for the Central District of California |
| Philip S Gutierrez |
| Kenly Kiya Kato |
| Virginia A Phillips |
| Jean P Rosenbluth |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Conversion |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
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Filing 138
ORDER RE DEPOSITIONS AND DEFENDANT'S MOTION FOR LEAVE TO TAKE ADDITIONAL CLASS MEMBER DEPOSITIONS #137 by Magistrate Judge Kenly Kiya Kato. SEE ORDER FOR FURTHER DETAILS. (dc)
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| Filing 137 Joint STIPULATION for Discovery as to Depositions filed by Defendant Swift Transportation Co of Arizona LLC. (Attachments: #1 Proposed Order)(Ellis, John) |
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Filing 136
MINUTE (IN CHAMBERS) ORDER by Magistrate Judge Kenly Kiya Kato, re: MOTION to Take Deposition of Class Members #130 . Defendant states it "expects the parties will submit a stipulation shortly that will moot the pending [M]otion." Accordingly, the September 14, 2023 hearing is hereby VACATED. In addition, no later than September 14, 2023, if the parties have not yet filed a stipulation resolving the pending Motion, Defendant shall file a Joint Statement setting forth each parties' position regarding what issues remain to be decided. (hr)
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Filing 135
ORDER RE JOINT STIPULATION TO PRODUCE EXPERT BACK-UP DATA AND DOCUMENTS #131 by Judge Virginia A. Phillips: 1. Plaintiffs shall produce all back-up (including programs, output, anddatasets) that David Breshears relied on or created in the course of forming theopinions set forth in his August 7, 2023 report no later than August 31, 2023.2. Defendant will produce any of its disclosed rebuttal experts back-up(including programs, output, and datasets) that the expert(s) relied on or created inthe course of forming the opinions set forth in any rebuttal report no later than sevendays after service of the rebuttal report (lc)
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| Filing 134 SUPPLEMENT to MOTION to Take Deposition of Class Members. #130 filed by Defendant Swift Transportation Co of Arizona LLC. (Ellis, John) |
| Filing 133 MEMORANDUM in Opposition to MOTION to Take Deposition of Class Members. #130 Plaintiffs Supplemental Memorandum of Law Re Joint Statement on Discovery Dispute Pursuant Local Rule 37-2.1 filed by Plaintiffs Edward Bouissey, Richard Hodges. (Attachments: #1 Declaration Supplemental Declaration of Nathan Piller Re Joint Stipulation on Discovery Dispute Pursuant to Local Rule 37-2.1)(Piller, Nathan) |
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Filing 132
ORDER RE JOINT STIPULATION TO PRODUCE EXPERT BACK-UP DATA AND DOCUMENTS by Magistrate Judge Kenly Kiya Kato, re Stipulation to Produce #131 . The Court hereby approves the parties' stipulation (see document for further details). (hr)
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| Filing 131 Joint STIPULATION to Produce Expert Back-Up Data and Documents filed by Defendant Swift Transportation Co of Arizona LLC. (Attachments: #1 Proposed Order)(Ellis, John) |
| Filing 130 NOTICE OF MOTION AND MOTION to Take Deposition of Class Members. filed by Defendant Swift Transportation Co of Arizona LLC. Motion set for hearing on 9/14/2023 at 10:00 AM before Magistrate Judge Kenly Kiya Kato. (Attachments: #1 Joint Stipulation, #2 Declaration of John Ellis, #3 Exhibit 1 to Ellis Dec., #4 Exhibit 2 to Ellis Dec., #5 Exhibit 3 to Ellis Dec., #6 Exhibit 4 to Ellis Dec., #7 Exhibit 5 to Ellis Dec., #8 Exhibit 6 to Ellis Dec., #9 Exhibit 7 to Ellis Dec., #10 Exhibit 8 to Ellis Dec., #11 Declaration of Nathan Piller, #12 Exhibit 1 to Piller Dec., #13 Exhibit 2 to Piller Dec.)(Ellis, John) |
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Filing 129
ORDER DENYING Plaintiffs' Motion to Compel by Magistrate Judge Kenly Kiya Kato: denying #124 Motion to Compel. (see document for details) (hr)
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| Filing 128 SUPPLEMENT to MOTION to Compel Responses to Discovery Requests #124 filed by Defendant Swift Transportation Co of Arizona LLC. (Ellis, John) |
| Filing 127 MEMORANDUM of Points and Authorities in Support filed by Plaintiff Edward Bouissey, Richard Hodges. Plaintiffs Supplemental Memorandum of Law Re Joint Statement on Discovery Dispute Pursuant Local Rule 37-2.1 Re: Joint Stipulation re Discovery Motion,, #125 (Attachments: #1 Declaration Supplemental Declaration of Nathan Piller Re Joint Stipulation on Discovery Dispute Pursuant to Local Rule 37-2.1)(Piller, Nathan) |
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Filing 126
ORDER RE JOINT STIPULATION TO EXTEND INITIAL EXPERT DISCLOSURE AND REBUTTAL EXPERT REPORT #123 DEADLINES by Judge Virginia A. Phillips: Initial Expert Disclosure Deadline: August 7, 2023; Rebuttal Expert Reports Deadline: September 22, 2023; Completion of Expert Discovery Deadline: October 27, 2023. (lc)
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| Filing 125 JOINT STIPULATION to MOTION to Compel Responses to Discovery Requests #124 filed by Plaintiffs Edward Bouissey, Richard Hodges. (Attachments: #1 Declaration of Nathan Piller re Joint Stipulation on Discovery Dispute Pursuant to Local Rule 37-2.1, #2 Declaration of John D. Ellis in Support of Defendant Swift Transportation Co. of Arizona, LLC's Position re Discovery Dispute, #3 Declaration of Michael Ruchensky in Support of Defendant Swift Transportation Co. of Arizona, LLC's Position re Discovery Dispute, #4 Proposed Order Granting Plaintiff's Motion to Compel Responses To Discovery Requests)(Piller, Nathan) |
| Filing 124 NOTICE OF MOTION AND MOTION to Compel Responses to Discovery Requests filed by Plaintiffs Edward Bouissey, Richard Hodges. Motion set for hearing on 7/27/2023 at 10:00 AM before Magistrate Judge Kenly Kiya Kato. (Piller, Nathan) |
| Filing 123 Joint STIPULATION to Extend Discovery Cut-Off Date to October 27, 2023 filed by Defendants Swift Transportation Co Inc, Swift Transportation Co of Arizona LLC. (Attachments: #1 [Proposed] Order)(Ellis, John) |
| Filing 122 NOTICE OF FILING TRANSCRIPT filed for proceedings 09/19/2022 at 1:27 p.m. re Transcript #121 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Ponce, Myra) TEXT ONLY ENTRY |
| Filing 121 TRANSCRIPT for proceedings held on 09/19/2022 at 1:27 p.m. Court Reporter/Electronic Court Recorder: Myra L. Ponce, CSR, RDR, CRR, e-mail address myraponce@sbcglobal.net. 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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/12/2023. Redacted Transcript Deadline set for 7/24/2023. Release of Transcript Restriction set for 9/19/2023. (Ponce, Myra) |
| Filing 120 TRANSCRIPT ORDER as to Plaintiffs Edward Bouissey, Richard Hodges for Court Reporter. Court will contact Lourdes Castro at lcastro@schneiderwallace.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Konecky, Joshua) |
| Filing 119 TRANSCRIPT ORDER as to Defendant Swift Transportation Co Inc, Swift Transportation Co of Arizona LLC for Court Reporter. Court will contact Robert Mussig at rmussig@sheppardmullin.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Mussig, Robert) |
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Filing 118
ORDER RE CLASS NOTICE by Judge Virginia A. Phillips: The Court hereby APPROVES the notice plan described in the Parties' Stipulation #114 and ORDERS that the class notice be provided and that the certified class be modified in accordance with the terms set in the Parties Stipulation. (lc)
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Filing 117
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT #106 by Judge Virginia A. Phillips: The Court DENIES the Motion with respect to Plaintiffs claims to the extent that the claims are based on Defendant's high value load and high theft area policies. The Court GRANTS the Motion with respect to Plaintiffs' claims to the extent that they are based on Defendants other policies. (lc)
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| Filing 116 MINUTES OF Motion Hearing held before Judge Virginia A. Phillips: RE: DEFENDANT SWIFT TRANSPORTATION CO. OF ARIZONA, LLC'S MOTION FOR SUMMARY JUDGMENT #106 . The Court, having read and considered all documents filed as to the motion referenced above and the oral argument presented today, takes the motion under submission. Court Reporter: Terri Hourigan. (lc) |
| Filing 115 SCHEDULING NOTICE by Judge Virginia A. Phillips: The Court, on its own motion, advances the time of the MOTION for Summary Judgment as to Plaintiffs Class Claims (ECF No. #106 ), currently set for April 3, 2023, from 2:00 PM to 10:00 AM before Judge Virginia A. Phillips. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY |
| Filing 114 Joint STIPULATION for Order to approve parties' stipulated procedure for class notice filed by Plaintiffs Edward Bouissey, Richard Hodges. (Attachments: #1 Proposed Order Re Class Notice)(Piller, Nathan) |
| Filing 113 REPLY support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs Class Claims #106 filed by Defendant Swift Transportation Co of Arizona LLC. (Attachments: #1 Response to Plaintiffs' Statement of Undisputed Facts, #2 Response to Plaintiffs' Evidentiary Objections, #3 Objections to Plaintiffs' Evidence)(Ellis, John) |
| Filing 112 Plaintiffs Objections to Defendants' Evidence Filed In Support of Motion for Summary of Judgement Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs Class Claims #106 filed by Plaintiffs Edward Bouissey, Richard Hodges. (Piller, Nathan) |
| Filing 111 STATEMENT of Plaintiffs Statement Of Genuine Issues Of Material Fact In Support Of Opposition To Defendants Motion For Summary Judgment; & Plaintiffs Statement Of Undisputed Material Facts NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs Class Claims #106 filed by Plaintiffs Edward Bouissey, Richard Hodges. (Piller, Nathan) |
| Filing 110 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs Class Claims #106 filed by Plaintiffs Edward Bouissey, Richard Hodges. (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, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15, #17 Exhibit Exhibit 16, #18 Exhibit Exhibit 17, #19 Exhibit Exhibit 18, #20 Exhibit Exhibit 19, #21 Exhibit Exhibit 20, #22 Exhibit Exhibit 21, #23 Exhibit Exhibit 22, #24 Exhibit Exhibit 23, #25 Exhibit Exhibit 24, #26 Exhibit Exhibit 25, #27 Exhibit Exhibit 26, #28 Exhibit Exhibit 27, #29 Exhibit Exhibit 28, #30 Exhibit Exhibit 29, #31 Exhibit Exhibit 30, #32 Exhibit Exhibit 31, #33 Exhibit Exhibit 32, #34 Exhibit Exhibit 33, #35 Exhibit Exhibit 34)(Piller, Nathan) |
| Filing 109 Notice of Appearance or Withdrawal of Counsel: for attorney Paul S Cowie counsel for Defendant Swift Transportation Co of Arizona LLC. Corinne Hays 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 SWIFT TRANSPORTATION CO. OF ARIZONA, LLC. (Cowie, Paul) |
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Filing 108
ORDER RE JOINT STIPULATION RE BRIEFING SCHEDULE FOR DEFENDANTS' MOTION FOR SUMMARY JUDGMENT #107 by Judge Virginia A. Phillips: The Court CONTINUES the deadline for Plaintiffs to file their Opposition to Defendants' Motion for Summary Judgment to March 6, 2023. The Court hereby ORDERS Defendants to file their Reply to Plaintiffs' Opposition no later than March 20, 2023. The Court hereby CONTINUES the hearing on Defendants' Motion for Summary Judgment #106 to April 3, 2023 at 2:00 PM. (lc)
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| Filing 107 STIPULATION for Extension of Time to File Response as to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs Class Claims #106 , STIPULATION for Hearing re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs Class Claims #106 re Defendant's Motion for Summary Judgment filed by Plaintiffs Edward Bouissey, Richard Hodges. (Attachments: #1 Proposed Order)(Konecky, Joshua) |
| Filing 106 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs Class Claims filed by Defendant Swift Transportation Co of Arizona LLC. Motion set for hearing on 2/27/2023 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Statement of Undisputed Material Facts in Support, #3 Declaration of D. Tillman in Support, #4 Declaration of J. Ellis in Support, #5 [Proposed] Order, #6 [Proposed] Judgment) (Ellis, John) |
| Filing 105 JOINT REPORT of Mediation filed by Defendant Swift Transportation Co of Arizona LLC. (Mussig, Robert) |
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Filing 104
ORDER/REFERRAL to ADR Procedure No 3 by Judge Virginia A. Phillips. 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 8/1/23. (lc)
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Filing 103
CIVIL TRIAL SCHEDULING ORDER (SEE DOCUMENT FOR COMPLIANCE REQUIREMENTS AND DEADLINES AS ENUMERATED HEREIN) by Judge Virginia A. Phillips. (lc)
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Filing 101
MINUTE ORDER IN CHAMBERS by Judge Virginia A. Phillips: ORDER SETTING TRIAL DATES. The Court has reviewed the parties Joint Status Report #99 . The Court adopts the following schedule (note changes from the parties' requested dates): Final Pretrial Conference set for 2/5/2024 02:30 PM ; Jury Trial set for 2/27/2024 08:30 AM; Motion in Limine set for hearing on 2/5/2024 at 02:30 PM. The parties shall meet and confer no later than January 30, 2023 to select a mediator. As soon as the parties have selected a mediator, the parties shall inform the Court of the name of the mediator. The parties shall file a joint report no later than 10 days after the mediation regarding the progress of mediation (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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| Filing 102 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Virginia A. Phillips: The Court, having read and considered the Joint Status Conference #99 and having heard from counsel today, sets dates. Separate order with dates to follow. Court Reporter: Myra Ponce. (lc) |
| Filing 100 TEXT ONLY ENTRY (In Chambers) by Judge Virginia A. Phillips: Please be advised that the Status Conference #98 presently set for 01/17/23 shall be conducted by telephone. The call-in information will be provided via email. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 99 STATUS REPORT JOINT filed by Plaintiffs Edward Bouissey, Richard Hodges. (Konecky, Joshua) |
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Filing 98
MINUTE ORDER IN CHAMBERS by Judge Virginia A. Phillips. ORDER SETTING STATUS CONFERENCE. This matter is set for a status conference on January 17, 2023 at 11:00 a.m. The hearing will be held in person in Courtroom 6A of the First Street Courthouse, 350 W. 1st Street, Los Angeles, CA 90012. The parties shall file a joint status report on or before January 9, 2023. The status report shall include proposed pretrial dates. A scheduling form is attached as Exhibit A to this Minute Order. Counsel shall complete the form and submit it with the status report. (lc)
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| Filing 97 Notice of Appearance or Withdrawal of Counsel: for attorney Nina Montazeri counsel for Defendant Swift Transportation Co of Arizona LLC. Adding Nina Montazeri as counsel of record for Swift Transportation Co. of Arizona, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Swift Transportation Co. of Arizona, LLC. (Attorney Nina Montazeri added to party Swift Transportation Co of Arizona LLC(pty:dft))(Montazeri, Nina) |
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Filing 96
ORDER GRANTING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION #79 by Judge Virginia A. Phillips: Court GRANTS Plaintiffs' Motion for Class Certification but modifies the Proposed Class as follows (SEE DOCUMENT COURT'S DEFINITION AS ENUMERATED HEREIN). The Court additionally names Edward Bouissey and Richard Hodges as class representatives, and Schneider Wallace Cottrell Konecky LLP asclass counsel. (lc)
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| Filing 94 DECLARATION of Kevin Quast in Opposition to NOTICE OF MOTION AND MOTION to Certify Class #79 filed by Defendant Swift Transportation Co of Arizona LLC. (Ellis, John) |
| Filing 93 DECLARATION of Joshua Konecky In Support of NOTICE OF MOTION AND MOTION to Certify Class #79 Supplemental Declaration of Joshua Konecky Attaching Reporter's Certifications of Deposition Transcripts Submitted In Support of Plaintiffs' Reply Brief In Support of Plaintiffs' Motion for Class Certification filed by Plaintiffs Edward Bouissey, Richard Hodges. (Konecky, Joshua) |
| Filing 95 MINUTES OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION #79 Hearing held before Judge Virginia A. Phillips: Court issues tentative ruling and invites oral argument of Counsel. The Court having heard from counsel, takes the matter under submission. Court will issue final ruling. Court Reporter: Myra Ponce. (lc) |
| Filing 92 TEXT ONLY ENTRY by Judge Virginia A. Phillips : Please be advised that the hearing TIME for Plaintiff's Motion for Class Certification #79 is reset from 2pm to 1pm. The in-person hearing date of 09/19/22 shall remain as previously scheduled. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 91 OPPOSITION to NOTICE OF MOTION AND MOTION to Certify Class #79 Additional Evidence Responsive to Plaintiffs' New Reply Evidence filed by Defendant Swift Transportation Co of Arizona LLC. (Attachments: #1 Supplemental Declaration of J. Ellis)(Ellis, John) |
| Filing 90 Objection in Opposition re: NOTICE OF MOTION AND MOTION to Certify Class #79 to Plaintiffs' Reply Evidence filed by Defendant Swift Transportation Co of Arizona LLC. (Ellis, John) |
| Filing 89 REPLY in support NOTICE OF MOTION AND MOTION to Certify Class #79 Reply Memorandum of Points and Authorities In Support of Plaintiffs' Motion for Class Certification filed by Plaintiffs Edward Bouissey, Richard Hodges. (Attachments: #1 Declaration)(Konecky, Joshua) |
| Filing 88 OPPOSITION to NOTICE OF MOTION AND MOTION to Certify Class #79 filed by Defendant Swift Transportation Co of Arizona LLC. (Attachments: #1 Declaration of K. Quast in Support of Opposition, #2 Declaration of J. Ellis in Support of Opposition, #3 Appendix of Putative Class Member Declarations in Support of Opposition, #4 Compendium in Support of Opposition, #5 Objections to Plaintiffs' Evidence)(Ellis, John) |
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Filing 87
MINUTES Order GRANTING IN PART and DENYING IN PART DefendantsMotion to Compel [Dkt. 80] by Magistrate Judge Kenly Kiya Kato: granting in part and denying in part #80 Motion to Compel. It is therefore ORDERED: For the reasons set forth above, Defendants Motions to Compel are GRANTED IN PART and DENIED IN PART as set forth above. Within fourteen (14) days of the date of this Order, Plaintiffs shall serve. [See document for further details] (et)
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Filing 86
ORDER RE SECOND JOINT STIPULATION RE CLASS CERTIFICATION BRIEFING SCHEDULE by Judge Virginia A. Phillips: The Court hereby approves the parties stipulation and hereby ORDERS: 1. The Court hereby modifies the briefing schedule on Plaintiffs class certification motion as follows: Opposition Filed: July 11, 2022. Reply Filed: August 15, 2022. Hearing: September 19, 2022 at 2:00 p.m. IT IS SO ORDERED. (shb)
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Filing 85
MINUTE (IN CHAMBERS) ORDER by Magistrate Judge Kenly Kiya Kato, re: MOTION to Compel Further Discovery Responses #80 . The Court finds the Motion to Compel appropriate for decision without oral argument. Accordingly, the June 16, 2022 hearing is hereby VACATED. (hr)
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| Filing 84 DECLARATION of John D. Ellis in Support of Defendant's Motion to Compel Discovery MOTION to Compel Compel Further Discovery Responses To Its (1) Interrogatories, Set 1, (2) Request for Production, Set 1, and (3) Request for Admissions, Set 1, and For Monetary Sanctions #80 filed by Defendant Swift Transportation Co of Arizona LLC. (Attachments: #1 Exhibit 1)(Ellis, John) |
| Filing 83 SUPPLEMENT to MOTION to Compel Compel Further Discovery Responses To Its (1) Interrogatories, Set 1, (2) Request for Production, Set 1, and (3) Request for Admissions, Set 1, and For Monetary Sanctions #80 filed by Defendant Swift Transportation Co of Arizona LLC. (Ellis, John) |
| Filing 82 SUPPLEMENT to MOTION to Compel Compel Further Discovery Responses To Its (1) Interrogatories, Set 1, (2) Request for Production, Set 1, and (3) Request for Admissions, Set 1, and For Monetary Sanctions #80 Plaintiffs' Supplemental Memorandum of Law Re Joint Statement on Discovery Dispute Pursuant Local Rule 37-2.1 filed by Plaintiffs Edward Bouissey, Richard Hodges. (Piller, Nathan) |
| Filing 81 Joint STIPULATION to Reset Class Certification Briefing Schedule and Hearing filed by Defendants Swift Transportation Co Inc, Swift Transportation Co of Arizona LLC. (Attachments: #1 [Proposed] Order)(Ellis, John) |
| Filing 80 NOTICE OF MOTION AND MOTION to Compel Compel Further Discovery Responses To Its (1) Interrogatories, Set 1, (2) Request for Production, Set 1, and (3) Request for Admissions, Set 1, and For Monetary Sanctions filed by Defendant Swift Transportation Co of Arizona LLC. Motion set for hearing on 6/16/2022 at 10:00 AM before Magistrate Judge Kenly Kiya Kato. (Attachments: #1 Exhibit Joint Stipulation ISO Swifts MTC Further Discovery Responses, #2 Declaration John Ellis Declaration, #3 Exhibit Exhibit 1 to Ellis Declaration, #4 Exhibit Exhibit 2 to Ellis Declaration, #5 Exhibit Exhibit 3 to Ellis Declaration, #6 Exhibit Exhibit 4 to Ellis Declaration, #7 Exhibit Exhibit 5 to Ellis Declaration, #8 Exhibit Exhibit 6 to Ellis Declaration, #9 Exhibit Exhibit 7 to Ellis Declaration, #10 Exhibit Exhibit 8 to Ellis Declaration, #11 Exhibit Exhibit 9 to Ellis Declaration, #12 Exhibit Exhibit 10 to Ellis Declaration, #13 Exhibit Exhibit 11 to Ellis Declaration, #14 Exhibit Exhibit 12 to Ellis Declaration, #15 Exhibit Exhibit 13 to Ellis Declaration, #16 Exhibit Exhibit 14 to Ellis Declaration, #17 Declaration Plaintiffs Declaration, #18 Proposed Order Proposed Order)(Ellis, John) |
| Filing 79 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Edward Bouissey, Richard Hodges. Motion set for hearing on 9/6/2022 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Class Certification, #2 Declaration Compendium of Class Member Declarations in Support of Plaintiffs' Motion for Class Certification, #3 Declaration Declaration of Attorney Joshua Konecky in Support of Plaintiffs' Motion for Class Certification and Exhibits Vol. 1, #4 Declaration Declaration of Attorney Joshua Konecky in Support of Plaintiffs' Motion for Class Certification and Exhibits Vol. 2, #5 Declaration Declaration of Attorney Joshua Konecky in Support of Plaintiffs' Motion for Class Certification and Exhibits Vol. 3, #6 Proposed Order Granting Plaintiffs' Motion for Class Certification) (Piller, Nathan) |
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Filing 78
ORDER RE JOINT STIPULATION RE BRIEFING SCHEDULE FOR CLASS CERTIFICATION MOTION AND DISMISSAL OF MEAL AND REST PERIOD CLAIMS WITHOUT PREJUDICE by Judge Virginia A. Phillips #77 GOOD CAUSE APPEARING, the Court hereby approves the parties' stipulation and hereby ORDERS: Plaintiffs' third cause of action for failure to provide meal periods shall be dismissed without prejudice. Plaintiffs' fourth cause of action for failure to provide rest periods shall be dismissed without prejudice; The Court hereby sets the following briefing schedule for class certification: Motion Filed: April 29, 2022; Opposition Filed: July 1, 2022; Reply Filed: August 5, 2022; Hearing: September 6, 2022. IT IS SO ORDERED. (yl)
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| Filing 77 Joint STIPULATION for Hearing re Briefing Schedule for Class Certification Motion and Dismissal of Meal and Rest Period Claims Without Prejudice filed by Defendants Swift Transportation Co Inc, Swift Transportation Co of Arizona LLC. (Attachments: #1 Proposed Order Re Joint Stipulation Re Briefing Schedule for Class Certification Motion and Dismissal of Meal and Rest Period Claims Without Prejudice)(Young, Brett) |
| Filing 76 Notice of Appearance or Withdrawal of Counsel: for attorney Brett David Young counsel for Defendants Swift Transportation Co Inc, Swift Transportation Co of Arizona LLC. Adding Brett D Young as counsel of record for Swift Transportation Co. of Arizona, LLC and Swift Transportation Co., Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Swift Transportation Co. of Arizona, LLC and Swift Transportation Co., Inc.. (Attorney Brett David Young added to party Swift Transportation Co Inc(pty:dft), Attorney Brett David Young added to party Swift Transportation Co of Arizona LLC(pty:dft))(Young, Brett) |
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Filing 75
ORDER GRANTING Plaintiffs' Motion to Compel #70 by Magistrate Judge Kenly Kiya Kato. IT IS THEREFORE ORDERED that Plaintiffs' Motion to Compel is GRANTED and that Defendants must produce the names and contact information, including the last known home addresses, phone numbers, and email addresses, of putative class members subject to the parties' stipulated protective order and the additional protective order set forth above within ten (10) days of the date of this order. (see document for further details) (hr)
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Filing 74
MINUTE (IN CHAMBERS) ORDER by Magistrate Judge Kenly Kiya Kato, re: MOTION to Compel Production of Putative Class Member Contact Information #70 . The Court finds the Motion to Compel appropriate for decision without oral argument. Hence, the July 15, 2020 hearing is hereby VACATED and the matter is taken under submission. (see document for further details) (hr)
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| Filing 73 NOTICE OF MOTION AND MOTION to Supplement re Joint Stipulation re Discovery Motion, #71 , MOTION to Compel Production of Putative Class Member Contact Information #70 Plaintiffs' Supplemental Memorandum Pursuant to Local Rule 37-2.3 Re Joint Stipulation on Discovery Dispute [ECF 71] filed by Plaintiffs Edward Bouissey, Richard Hodges. (Piller, Nathan) |
| Filing 72 MEMORANDUM in Opposition to MOTION to Compel Production of Putative Class Member Contact Information #70 (Supplemental) filed by Defendant Swift Transportation Co of Arizona LLC. (Ellis, John) |
| Filing 71 JOINT STIPULATION to MOTION to Compel Production of Putative Class Member Contact Information #70 filed by Plaintiffs Edward Bouissey, Richard Hodges. (Attachments: #1 Declaration of Nathan Piller, #2 Declaration of John D. Ellis)(Piller, Nathan) |
| Filing 70 NOTICE OF MOTION AND MOTION to Compel Production of Putative Class Member Contact Information filed by Plaintiff Edward Bouissey, Richard Hodges. Motion set for hearing on 7/15/2021 at 10:00 AM before Magistrate Judge Kenly Kiya Kato. (Piller, Nathan) |
| Filing 69 Notice of Appearance or Withdrawal of Counsel: for attorney Leslie Joyner counsel for Plaintiffs Edward Bouissey, Richard Hodges. Leslie H. Joyner is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Edward Bouissey and Richard Hodges. (Joyner, Leslie) |
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Filing 68
ORDER APPROVING STIPULATED PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order #67 (dts)
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| Filing 67 STIPULATION for Protective Order filed by Plaintiff Edward Bouissey, Richard Hodges.(Konecky, Joshua) |
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Filing 66
ORDER APPROVING STIPULATION FOR RELIEF FROM ORDER GRANTING DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS [ECF 62] AS TO PLAINTIFF RICHARD HODGES CLAIMS #64 by Judge Virginia A. Phillips. FINDING GOOD CAUSE, IT IS HEREBY ORDERED that the stipulation for Relief from Order Granting Defendants Motion for Judgment on the Pleadings [ECF 62] as to Plaintiff Richard Hodges Claims is approved. The Courts Order of May 28, 2020 [ECF 62] be modified to provide that the settlement and judgment in Burnell v. Swift Transportation Company of Arizona, LLC et. al., CDCA No. 5:10-cv-00809-VAP no longer prevents or limits Mr. Hodges from proceeding with his claims in this case, subject to the all the terms and conditions set forth in the parties Stipulation re Defendants Motion for Judgment on the Pleadings at Dkt. # 58, which were approved by the Court at Dkt. # 62. IT IS SO ORDERED. (yl)
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| Filing 65 TEXT ONLY NOTICE RE: Stipulation for Relief from Order Granting Defendants' Motion for Judgment on the Pleadings #64 . In compliance with Central District of California's Local Rule 5-4.4, counsel shall email the Stipulation in PDF format, and the proposed order in Microsoft Word to the Judge's generic chambers email, no later than 12:00 pm of July 20, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY |
| Filing 64 STIPULATION for Relief from Order Granting Defendants' Motion for Judgment on the Pleadings [ECF 62] As to Plaintiff Richard Hodges' Claims re Order on Motion for Judgment on the Pleadings, #62 filed by Plaintiff Edward Bouissey, Richard Hodges. (Attachments: #1 Proposed Order)(Joyner, Leslie) |
| Filing 63 Notice of Electronic Filing re Order on Motion for Judgment on the Pleadings, #62 e-mailed to Corinne K Hays at chays@sheppardmullin.com bounced due to Email address does not exist. 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. (ir) TEXT ONLY ENTRY |
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Filing 62
ORDER GRANTING IN PART Defendants' Motion for Judgment on the Pleadings (Dkt. 56) by Judge Virginia A. Phillips: The Court therefore GRANTS Defendants' Motion as to Hodges's individual claims and Plaintiffs' Fifth Cause of Action. The Court further STAYS Plaintiffs' meal and rest break claims accruing after January 31, 2019 pending the Ninth Circuit's ruling on the effect of the FMSCA's Preemption Determination. (see document for further details) (bm)
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| Filing 61 NOTICE of Change of firm name by Joshua G Konecky attorney for Plaintiff Edward Bouissey. Changing firm name to Schneider Wallace Cottrell Konecky LLP. Filed by Plaintiff Edward Bouissey. (Konecky, Joshua) |
| Filing 60 REPLY in support NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Plaintiff's Complaint #56 filed by Defendants Swift Transportation Co Inc, Swift Transportation Co of Arizona LLC. (Ellis, John) |
| Filing 59 Opposition TO DEFENDANTS MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS, OR, ALTERNATIVELY, TO STRIKE CLASS ALLEGATIONS re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Plaintiff's Complaint #56 filed by Plaintiff Edward Bouissey. (Attachments: #1 Declaration Leslie Joyner, #2 Declaration Richard Hodges, #3 Proposed Order Proposed Order)(Joyner, Leslie) |
| Filing 58 Joint STIPULATION for Order STIPULATION RE DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS filed by Plaintiff Edward Bouissey. (Attachments: #1 Proposed Order)(Joyner, Leslie) |
| Filing 57 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachment 3: Request for Judicial Notice #56 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Responses, Replies and Other Motion Related Documents-For Judicial Notice. Other error(s) with document(s): A Request for Judicial Notice should be submitted as a separate, stand-alone document from the Motion. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) |
| Filing 56 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Plaintiff's Complaint filed by Defendant Swift Transportation Co Inc, Swift Transportation Co of Arizona LLC. Motion set for hearing on 6/1/2020 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 [Proposed] Order, #2 Memorandum of Points and Authorities, #3 Request for Judicial Notice) (Attorney John D Ellis added to party Swift Transportation Co Inc(pty:dft)) (Ellis, John) |
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Filing 55
ORDER APPROVING THE PARTIES' JOINT STIPULATION RE BRIEFING ON DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS by Judge Virginia A. Phillips, re Stipulation #54 : FINDING GOOD CAUSE, IT IS HEREBY ORDERED that the stipulation of the parties to continuing the briefing and hearing schedule for Defendants' motion for judgment on the pleadings is approved. The motion shall be briefed and heard in accordance with the following schedule. Motion Filed: April 13, 2020; Opposition Filed: April 27, 2020; Reply Filed: May 4, 2020; Hearing: June 1, 2020. (bm)
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| Filing 54 Joint STIPULATION for Hearing re Scheduling Conference - optional html form,,, Set/Reset Motion Hearing and R&R Deadlines,, #52 filed by Defendant Swift Transportation Co of Arizona LLC. (Attachments: #1 Proposed Order)(Mussig, Robert) |
| Filing 53 Notice of Appearance or Withdrawal of Counsel: for attorney Robert E Mussig, Jr counsel for Defendant Swift Transportation Co Inc. Filed by Defendants Swift Transportation Co., Inc. and Swift Transportation Co. of Arizona, LLC. (Attorney Robert E Mussig, Jr added to party Swift Transportation Co Inc(pty:dft))(Mussig, Robert) |
| Filing 52 MINUTES OF SCHEDULING CONFERENCE held before Judge Virginia A. Phillips: Matter called. Counsel for the respective parties are present as referenced above. Court and counsel confer regarding the status of the case, and for the reasons set forth on the record, Court does not set any scheduling dates at this time. Defendant shall file their motion for judgment on the pleadings no later than March 30, 2020. Opposition shall be filed no later than April 13, 2020. Reply shall be filed no later than April 20, 2020 and hearing set for May 11, 2020. Court Reporter: Myra Ponce. (bm) |
| Filing 51 STATUS REPORT Joint Status Report filed by Plaintiff Edward Bouissey. (Konecky, Joshua) |
| Filing 50 MINUTES OF SCHEDULING CONFERENCE held before Judge Virginia A. Phillips: Matter called. Counsel of record are present as referenced above. Court and counsel confer regarding the above matter and the related case of Burnell and Valiente. Having heard from counsel, Court orders this case stayed and the scheduling conference continued to February 24, 2020 at 1:30 p.m. Court Reporter: Myra Ponce. (bm) |
| Filing 49 STATUS REPORT With Updated Proposed Schedule (Exhibit A) filed by Plaintiff Edward Bouissey. (Konecky, Joshua) |
| Filing 48 MINUTES OF SCHEDULING CONFERENCE held before Judge Virginia A. Phillips: Matter called. Counsel are present as referenced above. Court and counsel confer regarding status of the above case and settlement. Having heard from counsel, Court continues the above scheduling conference December 2, 2019 at 1:30 p.m. Counsel responsible for the conduct and trial of the above matter shall appear on date and time specified herein. Court Reporter: Myra Ponce. (bm) |
| Filing 47 MINUTES OF SCHEDULING CONFERENCE held before Judge Virginia A. Phillips: Matter called. Counsel for the respective parties are present as referenced above. Court and counsel confer regarding the above matter. For the reasons stated on the record the above action is hereby STAYED. The Scheduling conference is continued to August 12, 2019 at 1:30 p.m. Court Reporter: Myra Ponce. (bm) |
| Filing 46 STATUS REPORT filed by Plaintiff Edward Bouissey. (Konecky, Joshua) |
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Filing 45
ORDER SETTING SCHEDULING CONFERENCE by Judge Virginia A. Phillips. Scheduling Conference set for 7/15/2019 at 01:30 PM before Judge Virginia A. Phillips. (bh)
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Filing 44
(IN CHAMBERS) SCHEDULING NOTICE : COUNSEL OF RECORD ARE HEREBY NOTIFIED, that the above matter has been transferred to the Court for all further proceedings. The Scheduling Conference date is VACATED. The Court will issue such further order as deemed appropriate by Chief Judge Virginia A. Phillips THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY
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Filing 43
STANDING ORDER by Judge Virginia A. Phillips. (bh)
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| Filing 42 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #40 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or 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 40 NOTICE of Appearance filed by attorney Corinne L Hays on behalf of Defendant Swift Transportation Co of Arizona LLC (Attorney Corinne L Hays added to party Swift Transportation Co of Arizona LLC(pty:dft))(Hays, Corinne) |
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Filing 41
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 5:10-cv-00809 VAP(OPx). Case transferred from Judge Philip S. Gutierrez and Magistrate Judge Jean P. Rosenbluth to Judge Virginia A. Phillips and Magistrate Judge Kenly Kiya Kato for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-03203 VAP(KKx). Signed by Judge Virginia A. Phillips (rn)
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| Filing 39 NOTICE of Related Case(s) filed by Defendant Swift Transportation Co of Arizona LLC. Related Case(s): 5:10-cv-00809-VAP-OP; 5:12-cv-00692-VAP-OP; 5:14-cv-02206-VAP-KK (Hays, Corinne) |
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Filing 38
ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 12/16/2019 at 02:00 PM. (wm)
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Filing 37
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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| Filing 36 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Corinne L Hays. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) |
| Filing 35 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 34 NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Jean P. Rosenbluth. (ghap) |
| Filing 33 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:18-cv-7150, from California Northern District (San Francisco). The above-referenced case has been transferred to this district and assigned the above civil case number 2:19-cv-3203-PSG(JPRx). (ghap) |
| Filing 32 ORIGINAL file, certified copy of transfer order and docket sheet received from California Northern |
| Filing 31 Minute Entry for proceedings held before Judge James Donato: Motion Hearing held on 4/18/2019. (jdlc3S, COURT STAFF) (Date Filed: 4/18/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 30 REPLY (re #26 MOTION to Stay and/or Transfer ) filed bySwift Transportation Co. of Arizona, LLC. (Cowie, Paul) (Filed on 4/4/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 29 OPPOSITION/RESPONSE (re #26 MOTION to Stay and/or Transfer ) filed byEdward Bouissey, Richard Hodges. (Attachments: #1 Declaration of Nathan Piller with exhibits, #2 Exhibit 1-5, #3 Exhibit 6-9, #4 Exhibit 10-13, #5 Exhibit 14-20, #6 Exhibit 21-27, #7 Exhibit 28-31)(Piller, Nathan) (Filed on 3/28/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 28 NOTICE of Appearance by Leslie H. Joyner (Joyner, Leslie) (Filed on 3/15/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 27 Minute Entry for proceedings held before Judge James Donato: Initial Case Management Conference held on 3/14/2019. (jdlc3S, COURT STAFF) (Date Filed: 3/14/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 26 MOTION to Stay and/or Transfer filed by Swift Transportation Co. of Arizona, LLC. Motion Hearing set for 4/18/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 3/28/2019. Replies due by 4/4/2019. (Attachments: #1 Declaration of C. Hays iso Swift's Motion to Transfer or Stay, #2 [Proposed] Order)(Ellis, John) (Filed on 3/14/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 25 CASE MANAGEMENT STATEMENT filed by Edward Bouissey, Richard Hodges. (Konecky, Joshua) (Filed on 3/7/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 24 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Hays, Corinne) (Filed on 3/7/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 23 Certificate of Interested Entities by Swift Transportation Co. of Arizona, LLC identifying Corporate Parent Swift Transportation Co., LLC, Corporate Parent Knight-Swift Transportation Holdings, Inc., Other Affiliate Swift Transportation Co. of Arizona, LLC, Other Affiliate Edward Bouissey, Other Affiliate Richard Hodges for Swift Transportation Co. of Arizona, LLC. (Hays, Corinne) (Filed on 3/7/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Piller, Nathan) (Filed on 3/4/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 21 Certificate of Interested Entities by Edward Bouissey (Piller, Nathan) (Filed on 2/21/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 20 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Piller, Nathan) (Filed on 2/13/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 19 NOTICE by Swift Transportation Co. of Arizona, LLC re #18 Notice (Other) Notice of Pendency of Other Actions or Proceedings, and Opposition to Plaintiffs Notice Regarding the Same (Cowie, Paul) (Filed on 2/7/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 18 NOTICE by Edward Bouissey, Richard Hodges Plaintiffs' Notice of Pendency of Other Action or Proceeding Pursuant to Civil Local Rule 3-13 (Piller, Nathan) (Filed on 1/24/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 17 Corporate Disclosure Statement by Swift Transportation Co. of Arizona, LLC identifying Corporate Parent Swift Transportation Co. of Arizona, LLC, Other Affiliate Swift Transportation Co., LLC, Other Affiliate Knight-Swift Transportation Holdings, Inc. for Swift Transportation Co. of Arizona, LLC. (Hays, Corinne) (Filed on 1/23/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 16 ANSWER to Complaint bySwift Transportation Co. of Arizona, LLC. (Hays, Corinne) (Filed on 1/23/2019) [Transferred from California Northern on 4/25/2019.] |
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Filing 15
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 3/14/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 3/7/2019. Signed by Judge James Donato on 1/10/19. (lrcS, COURT STAFF) (Filed on 1/10/2019) [Transferred from California Northern on 4/25/2019.]
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Filing 14
ORDER, Case reassigned to Judge James Donato. Magistrate Judge Robert M. Illman no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 1/9/19. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 1/9/2019) [Transferred from California Northern on 4/25/2019.]
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| Filing 13 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (glmS, COURT STAFF) (Filed on 1/8/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Swift Transportation Co. of Arizona, LLC.. (Cowie, Paul) (Filed on 1/8/2019) [Transferred from California Northern on 4/25/2019.] |
| #Electronic filing error. Document filed in wrong case. [err401]This filing will not be processed by the clerks office.Please re-file in its entirety. Re: #11 Consent/Declination to Proceed Before a US Magistrate Judge filed by Swift Transportation Co. of Arizona, LLC (msrS, COURT STAFF) (Filed on 1/8/2019) [Transferred from California Northern on 4/25/2019.] |
| Filing 11 Erroneous Entry--Please Ignore CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Swift Transportation Co. of Arizona, LLC.. (Keating, Corinne) (Filed on 1/7/2019) Modified on 1/8/2019 (msrS, COURT STAFF). [Transferred from California Northern on 4/25/2019.] |
| Filing 10 STIPULATION to Extend Time to Respond to Complaint filed by Swift Transportation Co. of Arizona, LLC. (Keating, Corinne) (Filed on 12/24/2018) [Transferred from California Northern on 4/25/2019.] |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Edward Bouissey, Richard Hodges.. (Piller, Nathan) (Filed on 12/20/2018) [Transferred from California Northern on 4/25/2019.] |
| Filing 8 SUMMONS Returned Executed by Edward Bouissey, Richard Hodges. Swift Transportation Co. of Arizona, LLC served on 12/3/2018, answer due 12/24/2018; Swift Transportation Co., Inc. served on 12/3/2018, answer due 12/24/2018. (Attachments: #1 Certificate/Proof of Service)(Piller, Nathan) (Filed on 12/17/2018) [Transferred from California Northern on 4/25/2019.] |
| Filing 7 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 12/24/2018. (glm, COURT STAFF) (Filed on 12/10/2018) [Transferred from California Northern on 4/25/2019.] |
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Filing 6
ORDER, Case reassigned to Magistrate Judge Robert M. Illman. Magistrate Judge Donna M. Ryu no longer assigned to the case.. Signed by Executive Committee on 11/29/18. (haS, COURT STAFF) (Filed on 11/29/2018) [Transferred from California Northern on 4/25/2019.]
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| Filing 5 Summons Issued as to Swift Transportation Co. of Arizona, LLC, Swift Transportation Co., Inc. (jjbS, COURT STAFF) (Filed on 11/27/2018) [Transferred from California Northern on 4/25/2019.] |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Pilot Program for Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 2/ 27/2019. Initial Case Management Conference set for 3/6/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jjbS, COURT STAFF) (Filed on 11/26/2018) [Transferred from California Northern on 4/25/2019.] |
| Filing 3 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/10/2018. (as, COURT STAFF) (Filed on 11/26/2018) [Transferred from California Northern on 4/25/2019.] |
| Filing 2 Proposed Summons. (Piller, Nathan) (Filed on 11/26/2018) [Transferred from California Northern on 4/25/2019.] |
| Filing 1 COMPLAINT against Swift Transportation Co. of Arizona, LLC, Swift Transportation Co., Inc. ( Filing fee $ 400, receipt number 0971-12872993.). Filed byEdward Bouissey, Richard Hodges. (Attachments: #1 Civil Cover Sheet)(Piller, Nathan) (Filed on 11/26/2018) [Transferred from California Northern on 4/25/2019.] |
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