Veronica Smith v. Budget Rent A Car System, Inc. et al
| Veronica Smith |
| Budget Rent A Car System, Inc., AVIS Budget Group, Inc., Does 1 to 10 and Avis Budget Car Rental, LLC |
| 2:2019cv04720 |
| May 30, 2019 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Stephen V Wilson |
| Labor: Other |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2020. A more recent docket listing may be available from PACER.
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Filing 61
ORDER GRANTING MOTION FOR FINAL APPROVAL by Judge Stephen V. Wilson. Based on the moving papers and the oral arguments, the court grants the motion for final approval and orders the following: 1. The motion for final approval of the class action settlement is granted. (See document for details) (mrgo)
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| Filing 60 JUDGMENT by Judge Stephen V. Wilson. Pursuant to the terms of the Final Approval Order judgment is entered for plaintiff Veronica Smith and the Class in the amount of $413,884.03 pursuant to the terms of the approved settlement. Said settlement amount shall be distributed as follows: $40,000 in PAGA penalties, of which 75% will be paid the California Labor and Workforce Development Agency and the rest distributed in a pro-rata share to the Aggrieved Employees. (See document for details) (MD JS-6, Case Terminated). (mrgo) |
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Filing 59
ORDER GRANTING MOTION FOR ATTORNEY FEES, COSTS, SETTLEMENT ADMINISTRATION EXPENSES, AND CLASS REPRESENTATIVE SERVICE AWARD by Judge Stephen V. Wilson. 1. Plaintiff is awarded attorney fees of $103,471. 2. Plaintiff may recover costs of $14,262.53. 3. The settlement administrator will be paid $9,500. 4. Veronica Smith will receive an enhancement award of $5,000. (mrgo)
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| Filing 58 MINUTES OF #56 FAIRNESS HEARING; #57 MOTION for Attorney Fees, Costs, and Class Action Representative Service Award Hearing held before Judge Stephen V. Wilson. The Court and counsel confer. The Court grants plaintiff's motion for final approval #56 ; and grants plaintiff's motion for attorney fees, costs, and class representative service award #57 . Orders to follow. Court Reporter: Deborah Parker - VTC. (mrgo) |
| Filing 57 NOTICE OF MOTION AND MOTION for Attorney Fees filed by plaintiff Veronica Smith. Motion set for hearing on 11/16/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Adam Rose in support of brief, #2 Exhibit A - Frontier hours and costs, #3 Declaration B - Donabedian hours, #4 Declaration of Veronica Smith in support of motion, #5 Proposed Order granting motion) (Rose, Adam) |
| Filing 56 NOTICE OF MOTION AND MOTION for Settlement Approval of of class action settlement final approval filed by plaintiff Veronica Smith. Motion set for hearing on 11/16/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Elizabeth Kruckenberg, settlement administrator, #2 Proposed Order granting motion, #3 Supplement judgment) (Rose, Adam) |
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Filing 55
ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT by Judge Stephen V. Wilson re: #50 MOTION for Settlement. THE COURT HEREBY ORDERS THE FOLLOWING: ORDERS 1. The Court hereby grants preliminary approval of the proposed Settlement upon the terms and conditions set forth in the Agreement. The Court preliminarily finds that the terms of the proposed Settlement are fair, adequate and reasonable, and that they comply with Rule 23(e) of the Federal Rules of Civil Procedure ("FRCP"). The Court hereby adopts and incorporates by this reference the recitals, terms and conditions of the Settlement. (See document for details). The deadline for filing objections to the Settlement shall be September 25, 2020. Any Certified Settlement Class Member who desires to object to the Settlement must file with the Court, not later than October 30, 2020. The Court will hold a final approval hearing on November 16, 2020, at 1:30 p.m. (mrgo)
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Filing 54
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: #50 MOTION for Settlement Approval of class action settlement preliminary filed by plaintiff - The motion is submitted. Order to issue. The hearing previously scheduled for 07/27/2020 at 1:30 p.m. is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 53 Joint STIPULATION for Hearing re Renewed NOTICE OF MOTION AND MOTION for Settlement Approval of class action settlement preliminary #50 filed by Defendant Budget Rent A Car System, Inc.. (Attachments: #1 Proposed Order)(Landry, Jody) |
| Filing 52 STATEMENT of regarding sending the CAFA notice Renewed NOTICE OF MOTION AND MOTION for Settlement Approval of class action settlement preliminary #50 filed by Plaintiff Veronica Smith. (Rose, Adam) |
| Filing 51 NOTICE OF LODGING filed with a revised notice to class members re Renewed NOTICE OF MOTION AND MOTION for Settlement Approval of class action settlement preliminary #50 (Attachments: #1 Exhibit revised notice to class members)(Rose, Adam) |
| Filing 50 Renewed NOTICE OF MOTION AND MOTION for Settlement Approval of class action settlement preliminary filed by plaintiff Veronica Smith. Motion set for hearing on 7/27/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Adam Rose in support of motion, #2 Exhibit signed settlement agreement, #3 Exhibit form of CAFA notice, #4 Proposed Order granting motion) (Rose, Adam) |
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Filing 49
MINUTES (IN CHAMBERS) ORDER DENYING PRELIMINARY APPROVAL OF SETTLEMENT #45 by Judge Stephen V. Wilson. Accordingly, the Court DENIES the settlement as presented. This denial is without prejudice. Class Counsel is given leave to file an amended settlement agreement and an amended motion for preliminary approval. See minute order for details. (lom)
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Filing 48
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: #45 MOTION for Settlement Approval of class action settlement - preliminary approval filed by plaintiff - The motion is submitted. Order to issue. The hearing previously scheduled for 06/08/2020 at 1:30 p.m. is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 47 Joint STIPULATION for Hearing re NOTICE OF MOTION AND MOTION for Settlement Approval of class action settlement - preliminary approval #45 filed by Defendants Budget Rent A Car System, Inc.. (Attachments: #1 Proposed Order)(Landry, Jody) |
| Filing 46 NOTICE of Serving CAFA Settlement Notice filed by Defendant Budget Rent A Car System, Inc.. (Landry, Jody) |
| Filing 45 NOTICE OF MOTION AND MOTION for Settlement Approval of class action settlement - preliminary approval filed by plaintiff Veronica Smith. Motion set for hearing on 6/8/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Adam Rose in support, #2 Exhibit settlement agreement, #3 Exhibit proposed notice to class members, #4 Exhibit CAFA notice, #5 Proposed Order granting motion for preliminary approval) (Rose, Adam) |
| Filing 44 THIRD AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition #19 , filed by plaintiff Veronica Smith(Rose, Adam) |
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Filing 43
ORDER ALLOWING PLAINTIFF TO REOPEN THE CASE, FILE A THIRD AMENDED COMPLAINT, AND FILE A MOTION FOR PRELIMINARY APPROVAL #42 by Judge Stephen V. Wilson. Plaintiff the case is reopened. Plaintiff mayfile a third amended complaint, no later than 5/12/2020, and a motion for preliminary approval of settlement. (Case reopened. MD JS-5.) (et)
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| Filing 42 STIPULATION for Order to reopen case filed by plaintiff Veronica Smith. (Attachments: #1 Proposed Order to reopen case)(Rose, Adam) |
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Filing 41
ORDER RE STIPULATED PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams. #40 (ch)
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| Filing 40 Joint STIPULATION for Protective Order filed by Defendant Budget Rent A Car System, Inc.. (Attachments: #1 Proposed Order)(Landry, Jody) |
| Filing 39 MINUTES OF NEW CASE STATUS CONFERENCE held before Judge Stephen V. Wilson. The case is put on the inactive calendar pending mediation. The parties shall notify the Court, in writing, when the matter should be restored to the active calendar. (Made JS-6. Case Terminated.) Court Reporter: Terri Hourigan. (mrgo) |
| Filing 38 NOTICE OF DISMISSAL filed by plaintiff Veronica Smith pursuant to FRCP 41a(1) as to Avis Budget Car Rental, LLC. (Rose, Adam) |
| Filing 37 Joint STIPULATION to Dismiss Defendant Avis Budget Car Rental, LLC filed by Defendants Avis Budget Car Rental, LLC, AVIS Budget Group, Inc., Budget Rent A Car System, Inc.. (Attachments: #1 Proposed Order RE Joint Stipulation to Dismiss Defendant Avis Budget Car Rental, LLC and to Stay Action for 120 Days Pending Mediation)(Attorney Noah Jacob Woods added to party Avis Budget Car Rental, LLC(pty:dft))(Woods, Noah) |
| Filing 36 PROOF OF SERVICE Executed by Defendant Veronica Smith, upon Defendant Avis Budget Car Rental, LLC served on 9/24/2019, answer due 10/15/2019. Service of the Summons and Complaint were executed upon Becky DeGeorge, agent for service of process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Rose, Adam) |
| Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #32 . The following error(s) was/were found: Incomplete document with no title page 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. (mrgo) |
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Filing 34
ORDER SETTING INITIAL STATUS CONFERENCE for 10/28/2019 at 3:00 PM before Judge Stephen V. Wilson. (pc)
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| Filing 33 ANSWER to Amended Complaint/Petition #19 and Affirmative Defenses filed by Defendants AVIS Budget Group, Inc., Budget Rent A Car System, Inc..(Woods, Noah) |
| Filing 32 ANSWER to Amended Complaint/Petition #19 and Affirmative Defenses filed by Defendants AVIS Budget Group, Inc., Budget Rent A Car System, Inc..(Woods, Noah) |
| Filing 31 21 DAY Summons Issued re Second Amended Complaint/Petition #19 as to defendant Avis Budget Car Rental, LLC. (mrgo) |
| Filing 30 Request for Clerk to Issue Summons on Amended Complaint/Petition #19 filed by plaintiff Veronica Smith. (Rose, Adam) |
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Filing 29
ORDER GRANTING PARTIES' STIPULATION TO WAIVE CLASS ACTION CERTIFICATION DEADLINE by Judge Stephen V. Wilson, re Stipulation to Waive #21 . (mrgo)
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| Filing 28 21 DAY Summons Issued re Amended Complaint/Petition #19 as to Defendant Budget Rent A Car System, Inc.. (sbou) |
| Filing 27 Request for Clerk to Issue Summons on Amended Complaint/Petition #19 filed by plaintiff Veronica Smith. (Rose, Adam) |
| Filing 26 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #24 . The following error(s) was found: Information on the form is illegible, including the attorney name and address. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (mrgo) |
| Filing 25 Joint STIPULATION Extending Time to Answer the complaint as to AVIS Budget Group, Inc. answer now due 10/3/2019; Budget Rent A Car System, Inc. answer now due 10/3/2019, re Amended Complaint/Petition #19 filed by Defendants AVIS Budget Group, Inc.; Budget Rent A Car System, Inc.. (Attachments: #1 Proposed Order RE: Joint Stipulation to Extend Defendants' Deadline to Respond to Plaintiff's Second Amended Complaint)(Woods, Noah) |
| Filing 24 Request for Clerk to Issue Summons on Amended Complaint/Petition #19 filed by plaintiff Veronica Smith. (Rose, Adam) |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Waive #21 . The following error(s) was/were found: The judge's name is misspelled. 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. (mrgo) |
| Filing 22 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #20 . The following error(s) was found: The form is blank. Filer is to fill out the form except for the date and signature line. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (mrgo) |
| Filing 21 STIPULATION to Waive the 90-day deadline to file the motion for class certification filed by plaintiff Veronica Smith. (Attachments: #1 Proposed Order)(Rose, Adam) |
| Filing 20 Request for Clerk to Issue Summons on Amended Complaint/Petition #19 filed by plaintiff Veronica Smith. (Rose, Adam) |
| Filing 19 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition #11 , filed by plaintiff Veronica Smith(Rose, Adam) |
| Filing 18 MINUTES OF New Case Status Conference held before Judge Stephen V. Wilson: Plaintiff granted ten days for filing of Second Amended Complaint, up to and including September 5, 2019. SEE DOCUMENT FOR FURTHER INFORMATION. Court Reporter: Maria Bustillos. (twdb) Modified on 8/28/2019 (twdb). |
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Filing 17
ORDER RE: JOINT STIPULATION RE: INITIAL STATUS CONFERENCE by Judge Stephen V. Wilson, re Stipulation to Substitute Attorney #15 . Pursuant to the joint stipulation of the parties, and good cause appearing, the Court hereby ORDERS as follows: 1. Attorney Jody A. Landry is excused from attendance as lead trial counsel at the Initial Status Conference scheduled for August 26, 2019 at 3 p.m. In her place, attorney Noah J. Woods, who is also counsel of record for Defendants may appear in her place. (mrgo)
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| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Substitute Attorney #15 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: The stipulation is a request to be excused from appearing at Initial Status Conference. The correct event is Stipulations > Order. The text can be altered to describe the stipulation. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): The proposed order shall be a separate attachment to the Stipulation or to a Notice of Lodging. 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. (mrgo) |
| Filing 15 Joint STIPULATION to Substitute attorney Noah J. Woods in place of attorney Jody A. Landry filed by Defendants AVIS Budget Group, Inc., Budget Rent A Car System, Inc.. (Attachments: #1 Declaration Declaration of Jody Landry)(Landry, Jody) |
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Filing 14
ORDER SETTING INITIAL STATUS CONFERENCE for 8/26/2019 at 3:00 PM before Judge Stephen V. Wilson. (pc)
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| Filing 13 Defendants' Notice of Interested Parties and Corporate Disclosure Statement NOTICE of Interested Parties filed by Defendants Budget Rent A Car System, Inc., identifying Avis Budget Group, Inc.. (Landry, Jody) |
| Filing 12 ANSWER to Amended Complaint/Petition #11 Defendants' Answer and Affirmative Defenses to First Amended Class and Collective Action Complaint filed by Defendants Budget Rent A Car System, Inc..(Attorney Jody Ann Landry added to party Budget Rent A Car System, Inc.(pty:dft))(Landry, Jody) |
| Filing 11 FIRST AMENDED COMPLAINT against Defendants AVIS Budget Group, Inc., Budget Rent A Car System, Inc., Does amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Veronica Smith(Rose, Adam) |
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Filing 10
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendants AVIS Budget Group, Inc., Budget Rent A Car System, Inc.. (mrgo) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Veronica Smith. (Rose, Adam) |
| Filing 7 AMENDED CIVIL COVER SHEET filed by Plaintiff Veronica Smith. (Rose, Adam) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Civil Cover Sheet (CV-71) #2 . The following error(s) was found: The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Paul L. Abrams. (lh) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Veronica Smith, (Rose, Adam) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Veronica Smith. (Rose, Adam) |
| Filing 1 COMPLAINT Receipt No: 0973-23830183 - Fee: $400, filed by plaintiff Veronica Smith. (Attorney Adam Morris Rose added to party Veronica Smith(pty:pla))(Rose, Adam) |
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