Mary-Catherine Boumaiz v. Charter Communications, LLC, et al
| Mary-Catherine Boumaiz |
| Charter Communications, LLC and Does 1 through 10, inclusive |
| Stephen M Benardo |
| 2:2019cv06997 |
| August 12, 2019 |
| US District Court for the Central District of California |
| Charles F Eick |
| Dale S Fischer |
| Autumn D Spaeth |
| Josephine L Staton |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 12, 2021. A more recent docket listing may be available from PACER.
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Filing 49
(IN CHAMBERS) ORDER VACATING ALL DEADLINES IN RESPONSE TO NOTICE OF SETTLEMENT (Doc. #48 ) by Judge Josephine L. Staton: The parties request is GRANTED, and the Court vacates the conference set for 10/15/2021 and all associated deadlines. The parties are directed to file a joint stipulation of dismissal upon finalizing the terms of the settlement, but no later than 30 days from the issuance of this Order. (jp)
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| Filing 48 NOTICE of Settlement filed by Defendant Charter Communications, LLC. (Cruz, Anahi) |
| Filing 47 MEDIATION REPORT Filed by Mediator (ADR Panel) Stephen M Benardo: Mediation held on August 23, 2021 and the case has been completely settled. With the filing of this Report, the parties are advised that they must notify the trial judge's deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case. Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Benardo, Stephen) |
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Filing 46
ORDER GRANTING JOINT STIPULATION TO DISMISS PLAINTIFF MARY-CATHERINE BOUMAIZ'S EIGHTH CAUSE OF ACTION AND CLAIMS FOR INJUNCTIVE RELIEF UNDER CALIFORNIA'S UNFAIR COMPETITION LAW #45 by Judge Josephine L. Staton. IT IS HEREBY ORDERED THAT: 1. Plaintiff's Eighth Cause of Action for Failure to Provide Accurate Itemized Wage Statements is dismissed in its entirety; 2. Plaintiff's claims for injunctive relief pursuant to the UCL are dismissed in their entirety; 3. Plaintiff expressly reserves the right to pursue other, non-injunctive remedies available to her under the UCL, subject to proof; and 4. Defendant does not waive any defenses with respect to Plaintiff's remaining UCL claims. IT IS SO ORDERED. (lom)
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| Filing 45 Joint STIPULATION for Order Dismiss Plaintiff's Eighth Cause of Action and Claims for Injunctive Relief Under California's Unfair Competition Law filed by Defendant Charter Communications, LLC. (Attachments: #1 Proposed Order)(Cruz, Anahi) |
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Filing 44
ORDER by Judge Josephine L. Staton DENYING Plaintiff's MOTION for Class Certification Doc. #30 ). See document for further information. (jp)
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| Filing 43 MINUTES OF Plaintiff's Motion to Certify Class #30 before Judge Josephine L. Staton: Motion hearing held on Zoom. Plaintiff's Motion to Certify Class is DENIED WITH PREJUDICE. Court to issue an order. Court Reporter: Deborah Parker. (jp) |
| Filing 42 NOTICE OF MEDIATION DATE filed. Mediation set for August 23, 2021 at 9:30 a.m.(Benardo, Stephen) |
| Filing 41 SCHEDULING NOTICE by Judge Josephine L. Staton: The Court, on its own motion, hereby continues the hearing on Plaintiff's Motion to Certify Class #30 currently set for April 30, 2021 at 10:30 a.m. to May 14, 2021 at 10:30 a.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY |
| Filing 40 REPLY in support of NOTICE OF MOTION AND MOTION to Certify Class #30 filed by Plaintiff Mary-Catherine Boumaiz. (Kennedy, Cody) |
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Filing 39
ORDER DENYING WITHOUT PREJUDICE Plaintiff's Application to File Under Sal #31 by Judge Josephine L. Staton. (See document for further information). (jp)
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| Filing 38 NOTICE OF MEDIATION DATE filed. Mediation set for March 24, 2021 at 9:30 a.m.(Benardo, Stephen) |
| Filing 37 REQUEST FOR JUDICIAL NOTICE filed by Defendant Charter Communications, LLC. (Attachments: #1 Exhibit Exhibits A and B to RJN, #2 Proposed Order)(Fischer, Max) |
| Filing 36 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class #30 filed by Defendant Charter Communications, LLC. (Attachments: #1 Declaration of Kevin Matthews ISO Opposition, #2 Declaration of Natisha Carn ISO Opposition)(Fischer, Max) |
| Filing 35 NOTICE OF LODGING filed Notice of Lodging Signed Declaration of Class Representative Mary-Catherine Boumaiz re NOTICE OF MOTION AND MOTION to Certify Class #30 (Kennedy, Cody) |
| Filing 34 NOTICE OF MEDIATION DATE filed. Mediation set for January 15, 2021 at 9:30 a.m..(Benardo, Stephen) |
| Filing 33 NOTICE OF MEDIATION DATE filed. Mediation set for January 15, 2021 at 9:30 a.m.(Benardo, Stephen) |
| Filing 32 PROOF OF SERVICE filed by Plaintiff Mary-Catherine Boumaiz, served on December 14, 2020. (Kennedy, Cody) |
| Filing 31 APPLICATION to file document Exhibits 3-7 to Declaration of Cody R. Kennedy ISO Motion for Class Certification under seal filed by Plaintiff Mary-Catherine Boumaiz. (Attachments: #1 Exhibit A to Application to File Under Seal (Exh. 3 to Dec of Cody R. Kennedy ISO Motion for Class Certification-Redacted), #2 Exhibit B to Application to File Under Seal (Exh. 4 to Dec of Cody R. Kennedy ISO Motion for Class Certification-Redacted), #3 Exhibit C to Application to File Under Seal (Exh. 5 to Dec of Cody R. Kennedy ISO Motion for Class Certification-Redacted), #4 Exhibit D to Application to File Under Seal (Exh. 6 to Dec of Cody R. Kennedy ISO Motion for Class Certification-Redacted), #5 Exhibit E to Application to File Under Seal (Exh. 7 to Dec of Cody R. Kennedy ISO Motion for Class Certification-Redacted), #6 Declaration of Cody R. Kennedy ISO Application to File Under Seal, #7 Proposed Order Granting Plaintiff's Application to Seal)(Kennedy, Cody) |
| Filing 30 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Mary-Catherine Boumaiz. Motion set for hearing on 4/30/2021 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Declaration of Cody R. Kennedy ISO Motion for Class Certification, #2 Exhibit 1 to Declaration of Cody R. Kennedy, #3 Exhibit 2 to Declaration of Cody R. Kennedy, #4 Exhibit 3 to Declaration of Cody R. Kennedy (Redacted), #5 Exhibit 4 to Declaration of Cody R. Kennedy (Redacted), #6 Exhibit 5 to Declaration of Cody R. Kennedy (Redacted), #7 Exhibit 6 to Declaration of Cody R. Kennedy (Redacted), #8 Exhibit 7 to Declaration of Cody R. Kennedy (Redacted), #9 Exhibit 8 to Declaration of Cody R. Kennedy, #10 Exhibit 9 to Declaration of Cody R. Kennedy, #11 Declaration of Stanley D. Saltzman ISO Motion for Class Certification, #12 Declaration of Mary-Catherine Boumaiz ISO Motion for Class Certification, #13 Proposed Order Granting Motion for Class Certification) (Kennedy, Cody) |
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Filing 29
PROTECTIVE ORDER by Magistrate Judge Autumn D. Spaeth re Stipulation for Protective Order #28 . (see document for details) (hr)
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| Filing 28 Joint STIPULATION for Protective Order filed by Defendant Charter Communications, LLC. (Attachments: #1 Proposed Order)(Cruz, Anahi) |
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Filing 27
DENIED BY ORDER OF THE COURT by Judge Josephine L. Staton re EX PARTE APPLICATION to Continue #25 . ***Plaintiff has failed to show good cause that would justify ex parte relief. See generally Mission Power Eng'g Co. v. Cont'l Cas. Co., 883 F. Supp. 488 (C.D. Cal. 1995). As Defendant stated in its opposition, "[t]he class certification deadline has been looming for a very long time, and none of the reasons proffered in Plaintiff's ex parte application amounts to excusable neglect." (Doc. 26 at 2.) In short, there is no emergency (other than of Plaintiffs own making) that justifies an ex parte request to continue dates initially set by Judge Fischer a year ago and reaffirmed by this Court's Scheduling Order on February 6, 2020. (Docs. 14, 20.)*** (jp)
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| Filing 26 Defendant Charter Communications, LLC's Opposition to Plaintiff's Ex Parte Application to Continue Class Certification Briefing Schedule and Pretrial Dates Opposition re: EX PARTE APPLICATION to Continue Class Certification Briefing Schedule and Pretrial Dates #25 filed by Defendant Charter Communications, LLC. (Fischer, Max) |
| Filing 25 EX PARTE APPLICATION to Continue Class Certification Briefing Schedule and Pretrial Dates filed by Plaintiff Mary-Catherine Boumaiz. (Attachments: #1 Declaration of Cody R. Kennedy ISO Ex Parte Application, #2 Proposed Order Granting Ex Parte Application) (Kennedy, Cody) |
| Filing 24 NOTICE OF MEDIATION DATE filed. Mediation set for November 10, 2020 at 10:00 a.m.(Benardo, Stephen) |
| Filing 23 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Stephen M Benardo has been assigned to serve as Panel Mediator. (mb) |
| Filing 22 CIVIL TRIAL ORDER for cases assigned to Judge Josephine L. Staton. (tg) |
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Filing 21
MINUTE (In Chambers) ORDER DISCHARGING ORDER TO SHOW CAUSE RE CONSOLIDATION by Judge Josephine L. Staton. (SEE DOCUMENT FOR FURTHER INFORMATION). (jp)
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Filing 20
MINUTES (In Chambers) AMENDED SCHEDULING ORDER by Judge Josephine L. Staton: The Court issues the following Amended Scheduling Order which, together with the Court's concurrently issued Civil Trial Order, supersedes the previous scheduling orders issued by the judge to whom this case was previously assigned. (Docs. #12 and #14 .) The Court will set a trial date and an exhibit conference date at the Final Pretrial Conference. The Final Pretrial Conference set for 10/15/2021 at 10:30 AM. (SEE DOCUMENT FOR FURTHER INFORMATION). (jp)
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| Filing 19 RESPONSE filed by Defendant Charter Communications, LLCto Order to Show Cause, #17 (Fischer, Max) |
| Filing 18 RESPONSE filed by Plaintiff Mary-Catherine Boumaizto Order to Show Cause, #17 (Kennedy, Cody) |
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Filing 17
MINUTES (In Chambers) ORDER TO SHOW CAUSE RE CONSOLIDATION by Judge Josephine L. Staton: The Court ORDERS the parties in the above-captioned cases to show cause why the above captioned cases should not be consolidated for pretrial purposes or all purposes pursuant to Federal Rule of Civil Procedure 42(a). The parties shall file their responses no later than 1/27/2020. (jp)
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| Filing 16 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON (tg) |
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Filing 15
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 8:19-cv-01341 JLS (ADSx). Case transferred from Magistrate Judge Charles F. Eick and Judge Dale S. Fischer to Judge Josephine L. Staton and Magistrate Judge Autumn D. Spaeth for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-06997 JLS (ADSx). Signed by Judge Josephine L. Staton (esa)
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Filing 13
ORDER/REFERRAL to ADR Procedure No 2 by Judge Dale S. Fischer. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 8/24/21. (rfi)
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Filing 12
ORDER RE JURY TRIAL by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Final Pretrial Conference set for 10/18/2021 AT 03:00 PM before Judge Dale S. Fischer. Jury Trial set for 11/16/2021 AT 08:30 AM before Judge Dale S. Fischer. (rfi)
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| Filing 14 SCHEDULING CONFERENCE (Held and Completed) before Judge Dale S. Fischer: All fictitiously named defendants are dismissed. (See Order re Trial for specific dates and times.) Court Reporter: Pat Cuneo. (jp) |
| Filing 11 NOTICE of Related Case(s) filed by Defendant Charter Communications, LLC. Related Case(s): 37-2019-00016478-CU-OE-CTL; 19STCV11536; 19STCV28173; 3:19-cv-01842-BAS-LL; 2:19-cv-09635-FMO (RAOx); 37-2019-00055875-CU-OE-CTL (Fischer, Max) |
| Filing 10 STATUS REPORT Joint Rule 16(b)/26(f) Report filed by Defendant Charter Communications, LLC. (Fischer, Max) |
| Filing 9 NOTICE of Initial Standing Order filed by Defendant Charter Communications, LLC. (Mackay, Aimee) |
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Filing 8
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 11/25/2019 at 11:00 AM before Judge Dale S. Fischer. (pg)
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Filing 7
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (pg)
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| Filing 6 CERTIFICATE OF SERVICE filed by Defendant Charter Communications, LLC, re Notice of Assignment to United States Judges(CV-18) - optional html form #4 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #5 served on August 13, 2019. (Mackay, Aimee) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Charles F. Eick. (esa) |
| CONFORMED COPY OF COMPLAINT against defendants Charter Communications, LLC, Does, Jury Demand, filed by plaintiff Mary-Catherine Boumaiz. (Filed in state court 5/23/19, submitted as document 1, attachment 2) (esa) |
| COPY OF ANSWER to Complaint filed by defendant Charter Communications, LLC. (non-conformed, submitted as document 1, attachment 3)(esa) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Charter Communications, LLC, identifying Charter Communications Operating LLC. (Mackay, Aimee) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Charter Communications, LLC. (Mackay, Aimee) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, San Luis Obispo County, case number 19CV-0310 with filing fee previously paid ($400.00 paid on 08/12/2019, receipt number 0973-24247309), filed by Defendant Charter Communications, LLC. (Attachments: #1 Declaration of Aimee Mackay ISO Defendants Notice of Removal, #2 Exhibit A - (Complaint, etc.), #3 Exhibit B - (Answer to Complaint), #4 Certificate of Service) (Attorney Aimee G Mackay added to party Charter Communications, LLC(pty:dft))(Mackay, Aimee) |
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