Bryant Patton v. Midwest Construction Services, Inc. et al
| Bryant Patton |
| Does 1 through 100, inclusive, Midwest Construction Services, Inc., Does 1 through 10, inclusive and Midwest Construction Services, Inc. California corporation doing business as Trillium Construction Drivers |
| 2:2019cv08580 |
| October 4, 2019 |
| US District Court for the Central District of California |
| Maria A Audero |
| John F Walter |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on December 7, 2021. A more recent docket listing may be available from PACER.
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Filing 92
JOINT FINAL JUDGMENT by Judge John F. Walter. The Court finds that a Class Representative enhancement award in the amount of $5,000 to Plaintiff Bryant Patton is appropriate for the risks undertaken and service to the Settlement Class. The Court finds that attorneys' fees in the amount of $212,500.00 and actual litigation costs of $49,576.71 for Class Counsel. The Court finds that the Settlement Administrators costs in the amount of $12,000.00. The Court allocates $25,000.00 of the Gross Settlement Amount to penalties under the Private Attorneys General Act, with 75% of the PAGA penalties, which is $18,750.00, to be paid to the California Labor and Workforce Development Agency and 25% of the PAGA penalties, which is $6,250.00, to remain part of the Net Settlement Fund. (MD JS-6, Case Terminated). (iv)
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Filing 91
NOTICE OF LODGING filed Notice of Lodging of Joint Proposed Final Judgment re Order on Motion for Settlement,,,, Order on Motion for Attorney Fees,,, #88 (Attachments: #1 Attachment to Notice of Lodging: Joint Proposed Final Judgment)(Avakian, Tatiana)
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Filing 90
STATEMENT OF DECISION GRANTING UNOPPOSED MOTION FOR ATTORNEYS' FEES, COSTS, AND ENHANCEMENT AWARD by Judge John F. Walter. Class Counsel's request for attorneys' fees in the amount of $212,500.00 and costs in the amount of $49,576.71 are approved; The enhancement award to Plaintiff in the amount of $5,000.00 is approved; The LWDA payment in the amount of $25,000.00 is approved; and Settlement Administration costs in the amount of $12,000.00 are approved. (iv)
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Filing 89
STATEMENT OF DECISION GRANTING UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT by Judge John F. Walter. IT IS HEREBY ORDERED that Plaintiff's Motion for Final Approval of Class Action and PAGA Settlement is GRANTED, as follows: This Court grants final approval of the $850,000.00 Settlement, pursuant to the terms set forth in the Parties Stipulation and Addendum to the Stipulation, which are attached as Exhibits 1 and 2 to the Saltzman Declaration, Dkt. 71-2, respectively. (iv)
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Filing 88
MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFF'S MOTION FOR FINAL APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT [filed 11/8/2021; Docket No. #82 ]; ORDER GRANTING PLAINTIFF'S MOTION FOR ATTORNEYS' FEES, COSTS, AND ENHANCEMENT AWARD [filed 11/8/2021; Docket No. #83 ] by Judge John F. Walter. For the reasons stated in Plaintiff's moving papers, and because the Court finds that the settlement is fair, adequate, and reasonable, Plaintiffs Motion for Final Approval of Class Action and PAGA Settlement is GRANTED. For the reasons stated in Plaintiff's moving papers, and because the Court concludes that the requested attorneys' fees, litigation expenses, and enhancement award are reasonable, Plaintiff's Motion for Attorneys' Fees, Costs, and Enhancement Award is GRANTED. The parties shall file a Joint Proposed Final Judgment on or before December 6, 2021. (iv)
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Filing 87
NOTICE OF LODGING filed of Joint Proposed Statement of Decision Granting Unopposed Motion for Attorneys' Fees, Costs, and Enhancement Award re NOTICE OF MOTION AND MOTION for Attorney Fees , Costs, and Enhancement Award #83 (Attachments: #1 Joint Proposed Statement of Decision Granting Unopposed Motion for Attorneys' Fees, Costs, and Enhancement Award)(Avakian, Tatiana)
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Filing 86
NOTICE OF LODGING filed of Joint Proposed Statement of Decision Granting Unopposed Motion for Final Approval of Class Action and PAGA Settlement re NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action and PAGA Settlement #82 (Attachments: #1 Joint Proposed Statement of Decision Granting Unopposed Motion for Final Approval of Class Action and PAGA Settlement)(Avakian, Tatiana)
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Filing 85
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Attorney Fees , Costs, and Enhancement Award #83 filed by Defendant Midwest Construction Services, Inc.. (Nelson, Timothy)
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Filing 84
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action and PAGA Settlement #82 filed by Defendant Midwest Construction Services, Inc.. (Nelson, Timothy)
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Filing 83
NOTICE OF MOTION AND MOTION for Attorney Fees , Costs, and Enhancement Award filed by Plaintiff Bryant Patton. Motion set for hearing on 12/6/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Stanley D. Saltzman ISO (1) Motion for Final Approval of Class Action and PAGA Settlement; and (2) Motion for Attorneys' Fees, Costs, and Enhancement Award, #2 Exhibit 1 to the Saltzman Declaration: Joint Stipulation of Class Action and PAGA Settlement, #3 Exhibit 2 to the Saltzman Declaration: Confirmation of Notice of Settlement to the LWDA, #4 Exhibit 3 to the Saltzman Declaration: Billing Entries for Marlin & Saltzman, LLP, #5 Exhibit 4 to the Saltzman Declaration: Costs for Marlin & Saltzman, LLP, #6 Declaration of Tatiana G. Avakian ISO (1) Motion for Final Approval of Class Action and PAGA Settlement; and (2) Motion for Attorneys' Fees, Costs, and Enhancement Award, #7 Declaration of Joseph Tojarieh ISO (1) Motion for Final Approval of Class Action and PAGA Settlement; and (2) Motion for Attorneys' Fees, Costs, and Enhancement Award, #8 Exhibit 1 to the Tojarieh Declaration: Billing Entries for the Tojarieh Law Firm, #9 Exhibit 2 to the Tojarieh Declaration: Costs Incurred by the Tojarieh Law Firm, #10 Declaration of Mary Butler Regarding Settlement Notice Administration, #11 Exhibit 1 to the Butler Declaration: exemplar Class Notice, #12 Exhibit 2 to the Butler Declaration: exemplar Workweek Dispute Form, #13 Exhibit 3 to the Butler Declaration: Simpluris, Inc. Invoice, #14 Declaration of Bryant Patton ISO (1) Motion for Final Approval of Class Action and PAGA Settlement; and (2) Motion for Attorneys' Fees, Costs, and Enhancement Award, #15 Proposed Order Granting Motion for Final Approval of Class Action and PAGA Settlement, #16 Proposed Order Granting Motion for Attorneys' Fees, Costs, and Enhancement Award, #17 Proposed Judgment) (Saltzman, Stanley)
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Filing 82
NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action and PAGA Settlement filed by Plaintiff Bryant Patton. Motion set for hearing on 12/6/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Stanley D. Saltzman ISO (1) Motion for Final Approval of Class Action and PAGA Settlement; and (2) Motion for Attorneys' Fees, Costs, and Enhancement Award, #2 Exhibit 1 to the Saltzman Declaration: Joint Stipulation of Class Action and PAGA Settlement, #3 Exhibit 2 to the Saltzman Declaration: Confirmation of Notice of Settlement to the LWDA, #4 Exhibit 3 to the Saltzman Declaration: Billing Entries for Marlin & Saltzman, LLP, #5 Exhibit 4 to the Saltzman Declaration: Costs for Marlin & Saltzman, LLP, #6 Declaration of Tatiana G. Avakian ISO (1) Motion for Final Approval of Class Action and PAGA Settlement; and (2) Motion for Attorneys' Fees, Costs, and Enhancement Award, #7 Declaration of Joseph Tojarieh ISO (1) Motion for Final Approval of Class Action and PAGA Settlement; and (2) Motion for Attorneys' Fees, Costs, and Enhancement Award, #8 Exhibit 1 to the Tojarieh Declaration: Billing Entries for the Tojarieh Law Firm, #9 Exhibit 2 to the Tojarieh Declaration: Costs Incurred by the Tojarieh Law Firm, #10 Declaration of Mary Butler Regarding Settlement Notice Administration, #11 Exhibit 1 to the Butler Declaration: exemplar Class Notice, #12 Exhibit 2 to the Butler Declaration: exemplar Workweek Dispute Form, #13 Exhibit 3 to the Butler Declaration: Simpluris, Inc. Invoice, #14 Declaration of Bryant Patton ISO (1) Motion for Final Approval of Class Action and PAGA Settlement; and (2) Motion for Attorneys' Fees, Costs, and Enhancement Award, #15 Proposed Order Granting Motion for Final Approval, #16 Proposed Judgment) (Saltzman, Stanley)
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Filing 81
STATEMENT Re: Local Rule 7-3 Conference filed by Plaintiff Bryant Patton (Saltzman, Stanley)
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Filing 80
ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT by Judge John F. Walter. SEE ORDER FOR DETAILS. (iv)
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Filing 79
STATEMENT OF DECISION GRANTING UNOPPOSED MOTION FOR CONDITIONAL CERTIFICATION FOR SETTLEMENT PURPOSES ONLY by Judge John F. Walter. IT IS HEREBY ORDERED that Plaintiff's Motion for Class Certification for Settlement Purposes Only is GRANTED. (iv)
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Filing 78
STATEMENT OF DECISION GRANTING UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT by Judge John F. Walter. IT IS HEREBY ORDERED that Plaintiff's Motion for Preliminary Approval of Class Action and PAGA Settlement is GRANTED, as follows: This Court grants preliminary approval of the $850,000.00 Settlement. Class Counsel's request for attorneys' fees in the amount of $212,500.00 and costs in the amount of $49,576.71 are preliminarily approved. SEE ORDER FOR DETAILS. (iv)
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Filing 77
MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT [filed 7/19/2021; Docket No. #71 ]; ORDER GRANTING PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION [filed 7/19/2021; Docket No. 71-1] by Judge John F. Walter. For the reasons stated in the moving papers, Plaintiff's Motion for Preliminary Approval of Class Action and PAGA Settlement and Motion for Conditional Certification are GRANTED. (iv)
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Filing 76
NOTICE OF LODGING filed Notice of Lodging of Joint Proposed Statement of Decision Granting Unopposed Motion for Conditional Certification for Settlement Purposes Only re NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action and PAGA Settlement #71 (Attachments: #1 Joint Proposed Statement of Decision Granting Unopposed Motion for Conditional Certification for Settlement Purposes Only)(Avakian, Tatiana)
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Filing 75
NOTICE OF LODGING filed Notice of Lodging of Joint Proposed Statement of Decision Granting Unopposed Motion for Preliminary Approval of Class Action and PAGA Settlement re NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action and PAGA Settlement #71 (Attachments: #1 Joint Proposed Statement of Decision Granting Unopposed Motion for Preliminary Approval of Class Action and PAGA Settlement)(Avakian, Tatiana)
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Filing 74
NOTICE of Errata re Declaration of Stanley D. Saltzman ISO Motion for Conditional Certification for Settlement Purposes, and Motion for Preliminary Approval of Class Action and PAGA Settlement (Dkt. 71-2) filed by Plaintiff Bryant Patton. (Attachments: #1 Exhibit 1 to Declaration of Stanley D. Saltzman: Joint Stipulation of Class Action and PAGA Settlement, #2 Exhibit 2 to Declaration of Stanley D. Saltzman: Addendum Joint Stipulation of Class Action and PAGA Settlement)(Avakian, Tatiana)
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Filing 73
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action and PAGA Settlement #71 ; Notice of Non-Opposition to Plaintiff's Motion for Conditional Certification [71-1] filed by Defendant Midwest Construction Services, Inc.. (Nelson, Timothy)
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Filing 72
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action and PAGA Settlement #71 filed by Defendant Midwest Construction Services, Inc.. (Nelson, Timothy)
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Filing 71
NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action and PAGA Settlement filed by Plaintiff Bryant Patton. Motion set for hearing on 8/16/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Plaintiff's Notice of Motion and Motion for Conditional Certification with Memo of Points and Authorities, #2 Declaration of Stanley D. Saltzman ISO Motion for Conditional Certification for Settlement Purposes, and Motion for Preliminary Approval of Class Action and PAGA Settlement, #3 Exhibit 1 to Declaration of Stanley D. Saltzman: Joint Stipulation of Class Action and PAGA Settlement, which attachments A (Notice of Proposed Class Action Settlement), and B (Class Workweek Dispute Form), #4 Exhibit 2 to Declaration of Stanley D. Saltzman: Addendum to Joint Stipulation of Class Action and PAGA Settlement, #5 Declaration of Tatiana G. Avakian ISO Plaintiff's Motion for Conditional Certification for Settlement Purposes and Motion for Preliminary Approval of Class Action and PAGA Settlement, #6 Declaration of Joseph Tojarieh ISO Plaintiff's Motion for Conditional Certification for Settlement Purposes and Motion for Preliminary Approval of Class Action and PAGA Settlement, #7 Proposed Order Granting Motion for Preliminary Approval of Class Action and PAGA Settlement, #8 Proposed Order Granting Motion for Conditional Certification for Settlement Purposes Only) (Avakian, Tatiana)
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Filing 70
STATEMENT Re: Local Rule 7-3 Conference filed by Plaintiff Bryant Patton Joint Statement Re: Local Rule 7-3 Conference (Avakian, Tatiana)
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Filing 69
ORDER APPROVING STIPULATION TO STAY ALL FUTURE DEADLINES PENDING SETTLEMENT APPROVAL #68 by Judge John F. Walter. All proceedings in this action are stayed pending finalization of the parties' settlement in principle and forthcoming motion for Court approval of the class and PAGA action settlement; All dates in the First Amended Scheduling Order #51 are hereby vacated; and All dates in the Court's Order granting Plaintiff's ex parte application, in part, and continuing the filing deadline for Plaintiffs' motion for class certification 60 are hereby vacated. Counsel shall file the Motion for Approval of the Class and PAGA Action Settlement on or before July 19, 2021. (iv)
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Filing 68
STIPULATION to Stay Case pending Settlement Agreement filed by Defendant Midwest Construction Services, Inc.. (Attachments: #1 Proposed Order)(Owen, Kyle)
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Filing 67
MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT MIDWEST CONSTRUCTION SERVICES, INC. dba TRILLIUM CONSTRUCTION/DRIVERS' MOTION FOR PARTIAL SUMMARY JUDGMENT [filed 5/12/2021; Docket No. #53 ] by Judge John F. Walter. Midwest's Motion for Partial Summary Judgment is GRANTED. Plaintiff's individual meal and rest break claims (and any derivative claims) are dismissed with prejudice. The meal and rest break claims (and any derivative claims) raised on behalf of the putative class are dismissed without prejudice. (iv)
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Filing 66
MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION DEFENDANT MIDWEST CONSTRUCTION SERVICES, INC. dba TRILLIUM CONSTRUCTION/DRIVERS MOTION FOR PARTIAL SUMMARY JUDGMENT [filed 5/12/2021; Docket No. #53 ] by Judge John F. Walter. The Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for June 14, 2021 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv)
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Filing 65
NOTICE OF LODGING filed Defendant's Notice of Lodging Proposed Statement of Decision Regarding Its Motion for Partial Summary Judgment re NOTICE OF MOTION AND MOTION for Partial Summary Judgment #53 (Attachments: #1 Exhibit A - Defendant's [Proposed] Statement of Decision Granting Defendant's Motion for Partial Summary Judgment)(Owen, Kyle)
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Filing 64
NOTICE OF LODGING filed Plaintiff's Notice of Lodging Proposed Statement of Decision Denying Defendant's Motion for Partial Summary Judgment re NOTICE OF MOTION AND MOTION for Partial Summary Judgment #53 (Attachments: #1 Attachment 1: Proposed Statement of Decision Denying Motion for Partial Summary Judgment)(Avakian, Tatiana)
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Filing 63
REPLY in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment #53 filed by Defendant Midwest Construction Services, Inc.. (Nelson, Timothy)
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Filing 62
REQUEST FOR JUDICIAL NOTICE Plaintiff's Request for Judicial Notice ISO Plaintiff's Opposition to Defendant's Motion for Partial Summary Judgment filed by Plaintiff Bryant Patton. (Attachments: #1 Exhibit A to Request for Judicial Notice - Petition for Preemption, 73 Fed. Reg. 79204 (Dec. 24, 2008), #2 Exhibit B to Request for Judicial Notice - Legal Opinion from FMCSA, March 22, 2019, #3 Exhibit C to Request for Judicial Notice - Plaintiff's Mediation Questionnaire in Valiente v. Swift Transportation Co., #4 Exhibit D to Request for Judicial Notice - Court Order in Ryan v. JBS Carriers, Inc., Case No. BC624401, July 18, 2019)(Avakian, Tatiana)
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Filing 61
OPPOSITION to NOTICE OF MOTION AND MOTION for Partial Summary Judgment #53 filed by Plaintiff Bryant Patton. (Attachments: #1 Plaintiff's Evidentiary Objections to Evidence Offered in Support of Defendant's Motion for Partial Summary Judgment)(Avakian, Tatiana)
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Filing 60
Text Entry Order: The Court has reviewed Plaintiff's Ex Parte Application to Stay Action Pending Ninth Circuit Decision and Vacate First Amended Scheduling Order (Docket No. #58 ), and concludes that an extension of the class certification deadline is appropriate. Accordingly, the Court extends the deadline to file a motion for class certification to August 23, 2021. The balance of Plaintiffs Ex Parte Application to Stay Action Pending Ninth Circuit Decision and Vacate First Amended Scheduling Order is DENIED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (droj) TEXT ONLY ENTRY
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Filing 59
REQUEST FOR JUDICIAL NOTICE re EX PARTE APPLICATION to Stay Case pending Ninth Circuit Decision and Vacate First Amended Scheduling Order #58 filed by Plaintiff Bryant Patton. (Attachments: #1 Exhibit A to Request for Judicial Notice - Plaintiffs' Mediation Questionnaire in Valiente, #2 Exhibit B to Request for Judicial Notice - Time Order in Valiente)(Avakian, Tatiana)
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Filing 58
EX PARTE APPLICATION to Stay Case pending Ninth Circuit Decision and Vacate First Amended Scheduling Order filed by Plaintiff Bryant Patton. (Attachments: #1 Declaration of Tatiana G. Avakian ISO Ex Parte Application, #2 Exhibit A to Avakian Declaration - Plaintiff's counsel's May 14, 2021, meet and confer emails, #3 Exhibit B to Avakian Declaration - Defense counsel's May 17, 2021, email re part opposition and part non-opposition to ex parte application, #4 Exhibit C to Avakian Declaration - Plaintiff's counsel's May 17, 2021, email providing ex parte notice, #5 Proposed Order Granting Plaintiff's Ex Parte Application to Stay Action) (Avakian, Tatiana)
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Filing 56
NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Partial Summary Judgment #53 (Attachments: #1 Proposed Order)(Nelson, Timothy)
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Filing 55
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Partial Summary Judgment #53 . The following error(s) was/were found: Pursuant to L.R 56-1- A party seeking summary judgment shall lodge a proposed Judgment; a party seeking partial summary judgment shall lodge a proposed Order. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment 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. (iv)
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Filing 57
ORDER DENYING STIPULATION TO STAY ACTION PENDING RESOLUTION OF DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT, VACATE DATES IN AMENDED SCHEDULING ORDER, AND SET CLASS CERTIFICATION BRIEFING SCHEDULE #54 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
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Filing 54
Joint STIPULATION to Stay Case pending Decision on Defendant's Motion for Partial Summary Judgment filed by PLAINTIFF Bryant Patton. (Attachments: #1 Proposed Order Approving Stipulation to Stay Action Pending Resolution of Defendant's Motion for Partial Summary Judgment, Vacate Dates in Amended Scheduling Order, and Set Class Certification Briefing Schedule)(Avakian, Tatiana)
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Filing 53
NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Defendant Midwest Construction Services, Inc.. Motion set for hearing on 6/14/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration Paul White, #3 Request for Judicial Notice, #4 Exhibit 1 FMCSA Preemption Determination, #5 Exhibit 2 Ninth Circuits Teamsters Decision, #6 Exhibit 3 TWIC General Information, #7 Exhibit 4 - Pattons Class A Drivers License, #8 Exhibit 5 - Pattons Midwest Employment Application, #9 Exhibit 6 Pattons TWIC Card, #10 Exhibit 7 - Pattons Hour and Amount Report, #11 Exhibit 8 Pattons Grid Assignment Report, #12 Exhibit 9 Pattons Pay Statements Listing Company Assignments, #13 of Uncontroverted Material Facts and Conclusions of Law) (Nelson, Timothy)
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Filing 52
STATEMENT RE: LOCAL RULE 7-3 CONFERENCE filed by Defendant Midwest Construction Services, Inc. (Nelson, Timothy)
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Filing 51
1st AMENDED SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 5/6/2022 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 5/13/2022 at 8:00 AM. Jury Trial set for 5/24/2022 at 8:30 AM. (iv)
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Filing 50
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on May 3, 2021 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time.The Court, having considered the parties' Request: ADR Procedure Selection, the Notice toParties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed.R. Civ. P. 26(f) and Civil L.R. 26-1, hereby:ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: February 4, 2022. The Joint Report re: Results of Settlement Conference due on: February 21, 2022. (iv)
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Filing 49
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15-20 days, filed by Plaintiff Bryant Patton.. (Avakian, Tatiana)
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Filing 48
NOTICE filed by Plaintiff Bryant Patton. Notice of Court's Minute Order re Scheduling Conference (Attachments: #1 Exhibit Ex. 1 - Court's 4/9/21 Minute Order setting Scheduling Conference)(Avakian, Tatiana)
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Filing 47
MINUTE ORDER (IN CHAMBERS): COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for May 3, 2021 at 1:15 p.m. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before April 19, 2021. The title page of the Joint Report must state the date and time of the Scheduling Conference. See minute order for details. (lom)
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Filing 46
MINUTES (IN CHAMBERS): ORDER DENYING PLAINTIFF'S MOTION TO REMAND (filed 3/12/2021; Docket No. #34 ) by Judge John F. Walter. (lom)
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Filing 45
NOTICE OF LODGING filed Notice of Lodging of Defendant's Proposed Statement of Decision Regarding Plaintiff's Motion to Remand re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #34 (Attachments: #1 Exhibit A - Defendant's Proposed Statement of Decision Regarding Plaintiff's Motion to Remand)(Owen, Kyle)
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Filing 44
NOTICE OF LODGING filed Notice of Lodging of Proposed Statement of Decision Granting Motion to Remand re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #34 (Attachments: #1 Exhibit Ex. A - Proposed Statement of Decision Granting Motion to Remand)(Avakian, Tatiana)
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Filing 43
REPLY In Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #34 filed by Plaintiff Bryant Patton. (Avakian, Tatiana)
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Filing 42
DECLARATION of Timm Sturgeon in opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #34 filed by Defendant Midwest Construction Services, Inc.. (Attachments: #1 Exhibit A - Crystal Report Writer report of all non-exempt hourly workers in California who worked from August 14, 2015 until September 6, 2019, #2 Exhibit B - Crystal Report Writer report of all hours worked by non-exempt hourly workers in California from August 14, 2015 until September 6, 2019, #3 Exhibit C - sample of 100 timesheets, #4 Exhibit D - Crystal Report Writer report of all hours worked with rates of pay for non-exempt hourly workers in California from August 14, 2015 until September 6, 2019, #5 Exhibit E - Crystal Report Writer report with list of non-exempt hourly workers in California whose assignments ended between August 14, 2016 and August 14, 2019, #6 Exhibit F - Crystal Report Writer report with total number of wage statements received by each non-exempt hourly worker in California between August 14, 2018 and September 6, 2019)(Owen, Kyle)
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Filing 41
DECLARATION of Tatiana G. Avakian ISO Motion to Remand NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #34 filed by Plaintiff Bryant Patton. (Attachments: #1 Exhibit Ex. 1 - Meet and Confer Letter to Defendant re deficiencies in Notice of Removal and Plaintiff's intent to file a Motion to Remand, dated 10/11/19, #2 Exhibit Ex. 2 - Supplemental Declaration of Timm Sturgeon, provided by Defendant during meet and confer, dated 2/1/21, #3 Exhibit Ex. 3 - Meet and Confer Letter to Defendant re Plaintiff's intent to file a Motion to Remand, dated 2/17/21, #4 Exhibit Ex. 4 - Declaration of Candice L. Rosevear, dated 3/11/21)(Avakian, Tatiana)
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Filing 40
MINUTES (IN CHAMBERS) ORDER RE: EXHIBITS by Judge John F. Walter. Counsel shall re-file the Declaration of Tatiana G. Akavian and the Supplemental Declaration of Timm Sturgeon and shall separately docket each exhibit with a meaningful description of each exhibit by March 26, 2021. (iv)
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Filing 39
AMENDED STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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Filing 38
OPPOSITION re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #34 filed by Defendant Midwest Construction Services, Inc.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Attorney Kyle Walter Owen added to party Midwest Construction Services, Inc.(pty:dft))(Owen, Kyle)
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Filing 37
PROPOSED ORDER GRANTING PLAINTIFF'S MOTION TO REMAND re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #34 filed by Plaintiff Bryant Patton. (Avakian, Tatiana)
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Filing 36
DECLARATION of Candice Rosevear ISO Motion to Remand NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #34 filed by Plaintiff Bryant Patton. (Avakian, Tatiana)
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Filing 35
DECLARATION of Tatiana G. Avakian ISO Motion to Remand NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #34 filed by Plaintiff Bryant Patton. (Attachments: #1 Exhibit 1 to Declaration of Tatiana G. Avakian, #2 Exhibit 2 to Declaration of Tatiana G. Avakian, #3 Exhibit 3 to Declaration of Tatiana G. Avakian, #4 Exhibit 4 to Declaration of Tatiana G. Avakian)(Avakian, Tatiana)
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Filing 34
NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Bryant Patton. Motion set for hearing on 4/12/2021 at 01:30 PM before Judge John F. Walter. (Avakian, Tatiana)
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Filing 33
STATEMENT Re: Local Rule 7-3 Conferences filed by Plaintiff Bryant Patton (Avakian, Tatiana)
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Filing 32
MEDIATION REPORT Filed by Plaintiff Bryant Patton: Mediation held on May 27, 2020. The parties are unable to reach an agreement at this time.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(Avakian, Tatiana)
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Filing 31
ANSWER to Amended Complaint/Petition #27 filed by Defendant Midwest Construction Services, Inc..(Nelson, Timothy)
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Filing 30
ORDER APPROVING JOINT STIPULATION TO STAY ACTION PENDING MEDIATION AND DECISION REGARDING FMCSA PREEMPTION #29 by Judge John F. Walter. All of the dates in the previous scheduling order (Docket Number 22) are hereby vacated, with the exception of the deadline for the parties to amend private mediation, which remains in force. (iv)
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Filing 29
Joint STIPULATION to Stay Case pending Mediation and Decision Regarding FMCSA Preemption filed by Defendant Midwest Construction Services, Inc.. (Attachments: #1 Proposed Order)(Nelson, Timothy)
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Filing 28
EXHIBIT Filed filed by Plaintiff Bryant Patton. Exhibits 1 and 2 as to Amended Complaint/Petition #27 . (Avakian, Tatiana)
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Filing 27
FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery),, filed by Plaintiff Bryant Patton(Avakian, Tatiana)
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Filing 26
ORDER APPROVING STIPULATION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT #25 by Judge John F. Walter. Plaintiff is allowed leave to file the proposed FAC in this action, which shall be filed by counsel as a separate document on December 11, 2019. (iv)
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Filing 25
STIPULATION for Leave to File First Amended Complaint filed by Plaintiff Bryant Patton. (Attachments: #1 Exhibits A and B to Stipulation, #2 Proposed Order Approving Stipulation for Leave to File First Amended Complaint)(Avakian, Tatiana)
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Filing 24
ORDER DENYING STIPULATION FOR RELIEF FROM LOCAL RULE 23-3 #17 by Judge John F. Walter. DENIED. (iv)
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Filing 23
Text Entry Order: The Court has reviewed the parties Stipulation for Relief From Local Rule 23-3 (Docket No. #17 ), and disagrees with the parties characterization of the Ninth Circuits opinion in ABS Entmt, Inc v. CBS Corp., 908 F.3d 405, 427 (9th Cir. 2019). The Court declines to approve the Stipulation for Relief From Local Rule 23-3, which requests an open-ended extension of the deadline in Local Rule 23-3. However, the Court grants an extension of Plaintiffs deadline to file a motion for class certification from January 2, 2020 to May 4, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
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Filing 22
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 10/16/2020 at 10:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 10/23/2020 at 10:00 AM. Jury Trial set for 11/3/2020 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 21
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on November 4, 2019 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: June 1, 2020. The Joint Report re: Results of Settlement Conference due on: June 5, 2020. (iv)
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Filing 20
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 20 days, filed by Plaintiff Bryant Patton.. (Avakian, Tatiana)
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Filing 19
ORDER DENYING STIPULATION TO CONTINUE SCHEDULING CONFERENCE #16 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
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Filing 18
TEXT ONLY ENTRY ORDER DISMISSING DOES: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 100, inclusive. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
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Filing 17
STIPULATION for Relief from Local Rule 23-3 filed by Plaintiff Bryant Patton. (Attachments: #1 Proposed Order Approving Stipulation for Relief from Local Rule 23-3)(Avakian, Tatiana)
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Filing 16
STIPULATION to Continue Scheduling Conference from November 4, 2019 to November 18, 2019 filed by Plaintiff Bryant Patton. (Attachments: #1 Declaration of Stanley D. Saltzman ISO Stipulation to Continue Scheduling Conference, #2 Proposed Order Approving Stipulation to Continue Scheduling Conference)(Avakian, Tatiana)
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Filing 15
Plaintiff's Certification and NOTICE of Interested Parties filed by Plaintiff Bryant Patton, (Avakian, Tatiana)
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Filing 14
ANSWER to Complaint - (Discovery), filed by Defendant Midwest Construction Services, Inc..(Nelson, Timothy)
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Filing 13
DECLARATION of Brandon R. McKelvey re Compliance with Local Rules Governing Electronic Filing filed by Defendant Midwest Construction Services, Inc.. (McKelvey, Brandon)
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Filing 12
DECLARATION of Stanley D. Saltzman Re Compliance with Local Rules Governing Electronic Filing filed by Plaintiff Bryant Patton. (Saltzman, Stanley)
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Filing 11
NOTICE of Court's Minute Order Re Scheduling Conference filed by PLAINTIFF Bryant Patton. (Attachments: #1 Exhibit 1)(Avakian, Tatiana)
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Filing 10
NOTICE of Court's Standing Order filed by PLAINTIFF Bryant Patton. (Attachments: #1 Exhibit 1)(Avakian, Tatiana)
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge John F. Walter: Counsel are hereby notified that a Scheduling Conference has been set for November 4, 2019 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before October 21, 2019. (iv)
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Filing 8
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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Filing 7
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
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Filing 6
NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Maria A. Audero. (lh)
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Filing 5
PROOF OF SERVICE filed by Defendant Midwest Construction Services, Inc. dba Trillium Construction/Drivers, re Civil Cover Sheet (CV-71) #2 , Corporate Disclosure Statement #3 , Certificate/Notice of Interested Parties #4 , Notice of Removal (Attorney Civil Case Opening),,, #1 served on 10/4/19. (McKelvey, Brandon)
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Filing 4
NOTICE of Interested Parties filed by Defendant Midwest Construction Services, Inc. dba Trillium Construction/Drivers, (McKelvey, Brandon)
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Filing 3
CORPORATE DISCLOSURE STATEMENT filed by Defendant Midwest Construction Services, Inc. dba Trillium Construction/Drivers (McKelvey, Brandon)
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Filing 2
CIVIL COVER SHEET filed by Defendant Midwest Construction Services, Inc. dba Trillium Construction/Drivers. (McKelvey, Brandon)
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Filing 1
NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 19STCV28353 with filing fee previously paid ($400.00 paid on 10/04/19, receipt number 0973-24556551), filed by Defendant Midwest Construction Services, Inc. dba Trillium Construction/Drivers. (Attachments: #1 Exhibit Complaint, #2 Exhibit Civil Cover Sheet (Superior Court), #3 Exhibit Summons, #4 Exhibit Notice of Assignment, #5 Exhibit Minute Order, #6 Exhibit Initial Status Conference Order, #7 Exhibit Proof of Service of Summons, #8 Exhibit Proof of Service, #9 Declaration in Support of Removal) (Attorney Brandon R McKelvey added to party Midwest Construction Services, Inc. dba Trillium Construction/Drivers(pty:dft))(McKelvey, Brandon)
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CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants Does 1 through 100, Midwest Construction Services, Inc. Jury Demanded, filed by Plaintiff Bryant Patton. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 8/14/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh)
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