Marc Cohen v. The Coca-Cola Company et al
| Marc Cohen |
| Does Does 1 through 20, inclusive, Reyes Coca-Cola Bottling, L.L.C., The Coca-Cola Company, BCI Coca-Cola Bottling Co of Los Angeles and Coca-Cola Refreshments USA, Inc. |
| 2:2019cv04083 |
| May 10, 2019 |
| US District Court for the Central District of California |
| Paul L Abrams |
| John A Kronstadt |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 18, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 36
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT (DKT. #31 ); AND PLAINTIFF'S MOTION FOR ATTORNEYS' FEES AND COSTS (DKT. #32 ) by Judge John A. Kronstadt: For the reasons stated in this Order, the Final Approval Motion is GRANTED IN PART, i.e., as modified by the terms of this Order. The Attorney's Fees Motion is also GRANTED IN PART, i.e., as modified by the terms of this Order. The final settlement amounts are summarized in the following table: Gross Settlement Amount: $700,000 100 percent; Incentive Award to Class Representative: $75,000.00 1.07 percent; Attorney's Fees Award to Class Counsel: $195,000 27.86 percent; Litigation Costs and Expenses: $10,000, 1.43 percent; PAGA Payment (75 percent of PAGA penalties): $30,000, 4.29 percent; Settlement Administration Costs: $20,000, 2.91 percent; Net Distribution Fund (including 25 percent of PAGA penalties): $43,100, 62.44 percent. The effect of this Order is stayed until the later of 5/30/2022, or the date on which any objections by government officials are resolved in this proceeding. If no such objections are made by 5/30/2022, Class Counsel shall file a corresponding notice, which will result in lifting the stay of this Order. If any objection(s) are made by 5/30/2022, the stay will remain in place, and by that date, counsel for the parties shall file a joint statement as to a proposed process for considering and ruling on any such objection(s). (See attached Civil Minutes for further specifics). (jp)
|
|
Filing 35
(IN CHAMBERS) TEXT-ONLY ORDER ADVISING PARTIES OF FORTHCOMING DECISION by Judge John A. Kronstadt: In response to the joint request by the parties for decision (Dkt. #34 ) on Plaintiff's Motions for Final Approval of Class Action Settlement (Dkt. #31 ) and for Attorney's Fees and Costs (Dkt. #32 ), they are advised that the Court plans to issue that decision within 30 days of this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mere) TEXT ONLY ENTRY
|
| Filing 34 Joint Notice and Request Pursuant to Local Rule 83-9.2 filed by Plaintiff Marc Cohen re: Text Only Scheduling Notice,, 33 (Freiman, Lawrence) |
|
Filing 33
(IN CHAMBERS) ORDER TAKING PLAINTIFF'S MOTION FOR FINAL APPROVAL (DKT. #31 ) AND MOTION FOR ATTORNEYS' FEES (DKT. #32 ) UNDER SUBMISSION by Judge John A. Kronstadt: The Court has considered the matters raised with respect to Plaintiff's Motion for Final Approval of Class Action Settlement (Dkt. #31 ) and Motion for Attorneys' Fees and Costs (Dkt. #32 ) and has concluded that pursuant to Local Rule 7.15, the matters can be decided without oral argument. The Court advises counsel that the Motions, noticed for hearing on September 27, 2021, have been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mr) TEXT ONLY ENTRY
|
| Filing 32 NOTICE OF MOTION AND MOTION for Attorney Fees and Costs and Incentive Award filed by Plaintiff Marc Cohen. Motion set for hearing on 9/27/2021 at 08:30 AM before Judge John A. Kronstadt. (Bacon, Adrian) |
| Filing 31 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiff Marc Cohen. Motion set for hearing on 9/27/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Adrian Bacon, #2 Declaration of Mary Butler, #3 Declaration of Marc Cohen, #4 Declaration of Lawrence Freiman) (Bacon, Adrian) |
|
Filing 30
(IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION FOR PRELIMINARYAPPROVAL OF CLASS ACTION SETTLEMENT (DKT. #22 ) by Judge John A. Kronstadt. For the reasons stated in this Order, the Motion is GRANTED. The Final Approval Hearing is set for September 27, 2021 at 8:30 a.m. The parties shall file their anticipated motion for final approval on or before August 21, 2021. (lom)
|
|
Filing 29
(IN CHAMBERS) TEXT-ONLY ORDER ADVISING PARTIES OF FORTHCOMING DECISION by Judge John A. Kronstadt: In response to the joint requests by the parties for decision (Dkt. #25 , #28 ) on Plaintiff's Motion for Preliminary Approval of Class Action Settlement (Dkt. #22 ), they are advised that the Court plans to issue that decision within 30 days of this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mr) TEXT ONLY ENTRY.
|
| Filing 28 NOTICE Joint Notice and Request Pursuant to L-R 83.94 filed by Plaintiff Marc Cohen. (Freiman, Lawrence) |
| Filing 27 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #22 filed by Plaintiff Marc Cohen. (Bacon, Adrian) |
|
Filing 26
(IN CHAMBERS) ORDER RE JOINT NOTICE AND REQUEST PURSUANT TO LOCAL RULE 83-9.2 (DKT. #25 ) by Judge John A. Kronstadt: Due to the Court's caseload and congestion in the Court's calendar, the parties are advised that the Court intends to issue its decision relating to Plaintiff s Motion for Preliminary Approval of Class Action Settlement (Dkt. #22 ) no later than 12/14/2020. (jp)
|
| Filing 25 JOINT NOTICE AND REQUEST PURSUANT TO LOCAL RULE 83-9.2 re NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #22 filed by Plaintiff Marc Cohen. (Bacon, Adrian) |
|
Filing 24
(IN CHAMBERS) ORDER PURSUANT TO CONTINUITY OF OPERATIONS PLAN by Judge John A. Kronstadt. Pursuant to the Chief Judge's Order 20-05, available at www.cacd.uscourts.gov, the Continuity of Operations ("COOP") Plan for the Central District of California has been extended through and including June 1, 2020. No hearings in civil cases will go forward except for time-sensitive emergency matters or other similar ones, in which hearings will be conducted telephonically if requested by one or more parties through an ex parte application that is approved by the Court. Accordingly, all motions, status conferences and Rule 16(b)/26(f) Scheduling Conferences presently calendared between May 1, 2020 and June 1, 2020 are, or upon the completion of the briefing will be, taken under submission with all scheduled hearings taken off calendar. Pursuant to Local Rule 7.15, all motions will be decided without oral argument; provided, however the Court may order supplemental briefing. All current deadlines for the briefing of motions and the filing of status reports and Rule 16(b)/26(f) Scheduling Conference reports remain in place. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
|
| Filing 23 NOTICE filed by Plaintiff Marc Cohen. Notice of Errata to Declaration of Lawrence Freiman (Attachments: #1 Exhibit Exhibit C)(Friedman, Todd) |
| Filing 22 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiff Marc Cohen. Motion set for hearing on 5/4/2020 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Adrian Bacon, #2 Declaration of Lawrence Freiman, #3 Declaration of Marc Cohen, #4 Proposed Order) (Bacon, Adrian) |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Sophia Behnia counsel for Defendants Coca-Cola Refreshments USA, Inc., The Coca-Cola Company. Gal Gressel is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants The Coca-Cola Company; Coca-Cola Refreshments USA, Inc.. (Behnia, Sophia) |
|
Filing 20
ORDER RE STIPULATION TO CONTINUE PRELIMINARY APPROVAL MOTION DEADLINE (DKT. #19 ) by Judge John A. Kronstadt, the requested relief is GRANTED IN PART as follows: (1) Plaintiff shall file a Motion for Preliminary Approval of Class Settlement on or before 2/28/2020. The Motion shall include any request for fees and costs, presented in the manner required by the Courts Standing Order; (2) The Motion for Preliminary Approval hearing, set for 3/2/2020, is continued to 5/4/2020 at 8:30 AM.; (3) In the event the parties are unable to finalize the settlement agreement by 2/28/2020, Plaintiff shall file any motion to remand on or before 3/6/2020, which shall be set for hearing on 5/4/2020 at 8:30 am. The schedule for the opposition and reply briefs shall be in accordance with Standing Order 9(b); and 4. The Court sets a Scheduling Conference on 5/4/2020 at 8:30 am in the event the motion to remand is filed and denied. No later than 4/24/2020, the parties shall file a joint Rule 16(b)/26(f) report, which conforms to the Court's Standing Order, with their proposed schedule for this matter. (jp)
|
| Filing 19 STIPULATION to Continue Preliminary Approval from March 2, 2020 to May 4, 2020 filed by Defendants Coca-Cola Refreshments USA, Inc., The Coca-Cola Company. (Attachments: #1 Proposed Order)(Gressel, Gal) |
|
Filing 18
ORDER Re Stipulation to Stay the Action Pending Motion for Preliminary Approval of Class Settlement (DKT. #17 ) by Judge John A. Kronstadt, the requested relief is GRANTED in PART as follows: (1) Plaintiff shall file a Motion for Preliminary Approval of Class Settlement on or before 12/30/2019, which shall be for hearing on 3/2/2020, at 8:30 AM. (2) All other dates and deadlines in this action are VACATED. (3) In the event the parties are unable to finalize their settlement agreement by 12/30/2019. (4) Plaintiff shall file any motion to remand on or before 1/20/2020. (SEE ORDER FOR FURTHER SPECIFICS). (jp)
|
| Filing 17 STIPULATION to Stay Case pending Motion for Preliminary Approval of Class Settlement filed by Defendants Coca-Cola Refreshments USA, Inc., The Coca-Cola Company. (Attachments: #1 Proposed Order)(Gressel, Gal) |
| Filing 16 FIRST AMENDED COMPLAINT against Defendants Coca-Cola Refreshments USA, Inc., Does, The Coca-Cola Company amending Complaint - (Discovery),, filed by Plaintiff Marc Cohen(Friedman, Todd) |
|
Filing 15
ORDER RE STIPULATION TO DISMISS CERTAIN DEFENDANTS, AMEND THE COMPLAINT, EXTENDDEFENDANTS RESPONSIVE PLEADING DEADLINE, AND STAY DISCOVERY (DKT. 14) by Judge John A. Kronstadt. The Stipulation is GRANTED as follows: 1. Defendants BCI Coca-Cola Bottling Company of Los Angeles and Reyes Coca-Cola Bottling, L.L.C. are dismissed from this action, without prejudice; 2. Plaintiff shall file any First Amended Complaint no later than July 10, 2019; 3. The statute of limitations for all claims asserted in this action, which were also asserted in Marc Cohen v. BCI Coca-Cola Bottling Company of Los Angeles, Los Angeles Superior Court Case No. BC709274 (Cohen I), shall relate back to the filingof Cohen I; 4. Defendants responsive pleading deadline is extended to October 4, 2019; 5. Plaintiffs deadline to challenge Defendants removal of the action is extended to September 20, 2019, which is 30 days following the August 20, 2019, scheduled with this action and Cohen I; 6. Discovery shall be stayed until October 4, 2019; and 7. The deadline for filing a Joint Rule 16(b)26(f) Report, currently set for July 12, 2019 (Dkt. 12), is continued until October 4, 2019.BCI Coca-Cola Bottling Co of Los Angeles and Reyes Coca-Cola Bottling, L.L.C. terminated. (shb)
|
| Filing 14 Joint STIPULATION for Relief filed by Defendants Coca-Cola Refreshments USA, Inc., The Coca-Cola Company. (Attachments: #1 Proposed Order)(Behnia, Sophia) |
| Filing 13 CERTIFICATE OF SERVICE filed by Defendants Coca-Cola Refreshments USA, Inc., The Coca-Cola Company, re Notice of Assignment to United States Judges(CV-18) - optional html form #5 served on May 13, 2019. (Gressel, Gal) |
|
Filing 12
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Hearing: No Hearing/Under Submission; Joint Report Due: July 12, 2019. See document for details. (lom) Modified on 5/13/2019 (lom).
|
| Filing 11 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT. See order for details. (shb) |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to Coca-Cola Refreshments USA, Inc. answer now due 6/12/2019; The Coca-Cola Company answer now due 6/12/2019, filed by Defendants Coca-Cola Refreshments USA, Inc.; The Coca-Cola Company.(Gressel, Gal) |
| Filing 9 CERTIFICATE OF SERVICE filed by Defendants Coca-Cola Refreshments USA, Inc., The Coca-Cola Company, re Certificate/Notice of Interested Parties #8 served on May 10, 2019. (Gressel, Gal) |
| Filing 8 CERTIFICATE of Interested Parties filed by Defendant Coca-Cola Refreshments USA, Inc., The Coca-Cola Company, (Gressel, Gal) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Paul L. Abrams. (lh) |
| Filing 4 CERTIFICATE OF SERVICE filed by Defendants Coca-Cola Refreshments USA, Inc., The Coca-Cola Company, re Civil Cover Sheet (CV-71) #2 , Request for Judicial Notice #3 , Notice of Removal (Attorney Civil Case Opening),,, #1 served on May 10, 2019. (Gressel, Gal) |
| Filing 3 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF NOTICE OF REMOVAL filed by Defendants Coca-Cola Refreshments USA, Inc., The Coca-Cola Company. (Gressel, Gal) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Coca-Cola Refreshments USA, Inc., The Coca-Cola Company. (Gressel, Gal) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 19STCV08785 Receipt No: 0973-23713970 - Fee: $400, filed by Defendants Coca-Cola Refreshments USA, Inc., The Coca-Cola Company. (Attachments: #1 Declaration Decl. of Dawn Kopra ISO Removal, #2 Declaration Decl. of Gal Gressel ISO Removal, #3 Exhibit Exhibit A to Decl. of Gal Gressel ISO Removal, #4 Exhibit Exhibit B to Decl. of Gal Gressel ISO Removal, #5 Exhibit Exhibit C to Decl. of Gal Gressel ISO Removal, #6 Exhibit Exhibit D to Decl. of Gal Gressel ISO Removal, #7 Exhibit Exhibit E to Decl. of Gal Gressel ISO Removal, #8 Exhibit Exhibit F to Decl. of Gal Gressel ISO Removal, #9 Exhibit Exhibit G to Decl. of Gal Gressel ISO Removal) (Attorney Gal Gressel added to party Coca-Cola Refreshments USA, Inc.(pty:dft), Attorney Gal Gressel added to party The Coca-Cola Company(pty:dft))(Gressel, Gal) |
| CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants BCI Coca-Cola Bottling Co of Los Angeles, Coca-Cola Refreshments USA, Inc., Does 1 through 20, Reyes Coca-Cola Bottling, L.L.C., The Coca-Cola Company. Jury Demanded, filed by Plaintiff Marc Cohen. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 3/14/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-3 #1 ) (lh) |
| CONFORMED FILED COPY OF NOTICE AND ACKNOWLEDGMENT OF RECEIPT of Summons and Complaint returned Executed filed by Plaintiff Marc Cohen, upon Defendant Coca-Cola Refreshments USA, Inc. acknowledgment sent by Plaintiff on 3/22/2019, answer due 4/12/2019. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 4/12/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-8) (lh) |
| CONFORMED FILED COPY OF NOTICE AND ACKNOWLEDGMENT OF RECEIPT of Summons and Complaint returned Executed filed by Plaintiff Marc Cohen, upon Defendant The Coca-Cola Company acknowledgment sent by Plaintiff on 3/22/2019, answer due 4/12/2019. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 4/12/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-9) (lh) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
