Sara DeRosa v. ViacomCBS, Inc. et al
| Sara DeRosa |
| Board of Trustees of the SAG-AFTRA Health Plan, Board of Trustees of the AFTRA Retirement Fund, CBS Television Studios, a Division of CBS Studios, Inc., Gregg Levine, Snapshot Productions, Inc., Board of Trustees of the SAG Producers Pension Plan, Firsthand Productions, inc., Sessions Payroll Management Inc, East End Productions, Inc., ViacomCBS, Inc., Gail Levine, CBS Television Studios, Does 1-50 and CBS Broadcasting Inc. |
| 2:2020cv02965 |
| March 30, 2020 |
| US District Court for the Central District of California |
| Wesley L Hsu |
| John A Kronstadt |
| Gail J Standish |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.
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| Filing 278 Joint STIPULATION to Vacate Trial Date and Stay Certain Pending Motions filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Proposed Order)(Pierce, Seth) |
Filing 277
SCHEDULING NOTICE AND (IN CHAMBERS) ORDER REGARDING TRANSFER OF CASE TO JUDGE WESLEY L. HSU by Judge Wesley L. Hsu: Please take notice that this action has been reassigned to the Honorable Wesley L. Hsu, United States District Judge, pursuant to the Order Re Transfer Pursuant to General Order 23-50 filed on May 19, 2023. Judge Hsu hears civil motions on Friday at 1:30 p.m. Therefore, the Court hereby resets the hearing on MOTION for Settlement Approval of Class Action Settlement and Conditional Certification #276 from July 21, 2023 at 9:00 a.m. to July 21, 2023 at 1:30 p.m. The hearing will proceed in-person at the First Street Courthouse, Courtroom 9B. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY
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| Filing 276 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement and Conditional Certification filed by Plaintiff Sara DeRosa. Motion set for hearing on 7/21/2023 at 09:00 AM before Judge Wesley L. Hsu. (Attachments: #1 Declaration of Maria L. Weitz in Support of Unopposed Motion for Preliminary Approval of Class Action Settlement and Conditional Certification, #2 Proposed Order) (Weitz, Maria) |
| Filing 275 JOINT REPORT of Filing of Motion for Preliminary Approval of Class Action Settlement filed by Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc. (McCready, Nolan) |
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Filing 274
ORDER OF THE CHIEF JUDGE (#23-50) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the Creation of Calendar of Judge Wesley L. Hsu, this case is transferred from Judge Mark C. Scarsi to the calendar of Judge Wesley L. Hsu for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-02965-WLH-GJSx. (sn)
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Filing 273
ORDER GRANTING JOINT STIPULATION RE: REQUEST TO VACATE TRIAL DATE AND ALL ASSOCIATED PRE-TRIAL DEADLINES AND STAY CERTAIN PENDING MOTIONS OR, IN THE ALTERNATIVE, CONTINUE MOTION DEADLINES #271 by Judge Mark C. Scarsi: NOTE CHANGES MADE BY THE COURT: 1. Defendants' pending Motions for Summary Judgment and Motion for Decertification #255 , #256 , #259 , and #270 , all of which are noticed for hearing on May 8, 2023, are continued to June 26, 2023 at 9:00 a.m.; and 2. All associated opposition and reply brief deadlines in connection with Defendants' pending Motions for Summary Judgment and Motion for Decertification are continued to May 29, 2023, and June 5, 2023, respectively. 3. Any motion for preliminary approval of the settlement shall be filed by May 22, 2023. (lc) Modified on 4/13/2023 (lc).
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| Filing 272 JOINDER in NOTICE OF MOTION AND MOTION for Order for Decertification of the New York Wage and Hour Class #270 filed by Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc. (McCready, Nolan) |
| Filing 271 Joint STIPULATION to Vacate Trial Date and All Associated Pre-Trial Deadlines and Stay Certain Pending Motions or, in the Alternative, Continue Motion Deadlines and Notice of Settlement filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Declaration of Seth E. Pierce, #2 Proposed Order)(Pierce, Seth) |
| Filing 270 NOTICE OF MOTION AND MOTION for Order for Decertification of the New York Wage and Hour Class filed by Defendants CBS Television Studios, ViacomCBS, Inc.. Motion set for hearing on 5/8/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Alicia Leahy (Part 1 of 2), #2 Declaration of Alicia Leahy (Part 2 of 2), #3 Declaration of Seth E. Pierce, #4 Notice of Lodging of Exhibit M to Declaration of Alicia Leahy, #5 Proposed Order) (Pierce, Seth) |
| Filing 269 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative, Partial Summary Judgment of Plaintiff Sara Derosas Individual Claims #259 (Attachments: #1 Statement of Uncontroverted Facts and Conclusions of Law in Support of the Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment of Plaintiff Sara DeRosas Individual Claims)(Pierce, Seth) |
| Filing 268 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Statement of Uncontroverted Facts and Conclusions of Law (Motion related) #260 by Judge Mark C. Scarsi. The document is stricken. Refile the proposed document as an attachment to an efiled notice of lodging. (smo) |
| Filing 267 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: CBS Television Studios, ViacomCBS, Inc's Statement (Motion related), #257 Statement (Motion related), #260 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: SEE BELOW UNDER OTHER. Proposed document was not submitted or was not submitted as a separate attachment. Pdf documents are proposed statement of uncontroverted facts to their respective Summary Judgment motions, dockets no. 256 and 259, should not be efiled, but submitted as a separate attachment to a main document. In alternative, prepare a formal document: A Notice of lodging as the main pdf document, to which the proposed statement of uncontroverted facts will be submitted as the 2nd pdf attachment thereto. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 266 JOINDER in NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative, Partial Summary Judgment of Class Claims #256 filed by Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc. (McCready, Nolan) |
| Filing 265 JOINDER in NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative, Partial Summary Judgment of Plaintiff Sara Derosas Individual Claims #259 filed by Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc. (McCready, Nolan) |
| Filing 264 PROOF OF SERVICE filed by Defendants CBS Television Studios, ViacomCBS, Inc., re Sealed Declaration in SupportDeclaration,, #263 served on April 1, 2023. (Pierce, Seth) |
| Filing 263 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Certain Exhibits to Declarations in Support of Defendants Motions for Summary Judgment, or in the Alternative, Partial Summary Judgment of Class Claims and Plaintiff Sara Derosas Individual Claims under seal #262 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Unredacted Document Exhs A, C and E to Joseph Harris Declaration, #2 Unredacted Document Exhs E and F to Declaration of Nairi Kiuregihan, #3 Unredacted Document Exhs A, C and Q to Declaration of Seth Pierce, #4 Unredacted Document Exhs A to C to Hilary Wagner Declaration)(Pierce, Seth) |
| Filing 262 APPLICATION to file document Certain Exhibits to Declarations in Support of Defendants Motions for Summary Judgment, or in the Alternative, Partial Summary Judgment of Class Claims and Plaintiff Sara Derosas Individual Claims under seal filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Redacted Document Exhibits A, C and E to Declaration of Joseph Harris, #2 Redacted Document Exhibits E and F to Declaration of Nairi Kiureghian, #3 Redacted Document Exhs A, C and Q to Declaration of Seth E. Pierce, #4 Redacted Document Exhibits A, B and C to Declaration of Hilary Wagner, #5 Proposed Order)(Pierce, Seth) |
| Filing 261 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative, Partial Summary Judgment of Plaintiff Sara Derosas Individual Claims #259 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Pierce, Seth) |
| Filing 260 STATEMENT of Uncontroverted Facts and Conclusions of Law in Support of Their Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment of Plaintiff Sara Derosas Individual Claims NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative, Partial Summary Judgment of Plaintiff Sara Derosas Individual Claims #259 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Pierce, Seth) |
| Filing 259 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative, Partial Summary Judgment of Plaintiff Sara Derosas Individual Claims filed by Defendants CBS Television Studios, ViacomCBS, Inc.. Motion set for hearing on 5/8/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Becky Garland, #2 Declaration of Daniel Shepherd, #3 Declaration of Hilary Wagner [REDACTED], #4 Declaration of Joseph Harris [REDACTED], #5 Declaration of Mallery Lucchesi, #6 Declaration of Nairi Kiuregihan [REDACTED], #7 Declaration of Seth E. Pierce [REDACTED], #8 Declaration Stephanie Lane-Kerman, #9 Proposed Judgment) (Pierce, Seth) |
| Filing 258 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative, Partial Summary Judgment of Class Claims #256 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Pierce, Seth) |
| Filing 257 STATEMENT of Uncontroverted Facts and Conclusions of Law in Support of Their Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment of Class Claims NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative, Partial Summary Judgment of Class Claims #256 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Pierce, Seth) |
| Filing 256 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative, Partial Summary Judgment of Class Claims filed by Defendants CBS Television Studios, ViacomCBS, Inc.. Motion set for hearing on 5/8/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Becky Garland, #2 Declaration of Daniel Shepherd, #3 Declaration of Hilary Wagner [REDACTED], #4 Declaration of Joseph Harris [REDACTED], #5 Declaration of Mallery Lucchesi, #6 Declaration of Nairi Kiuregihan [REDACTED], #7 Declaration of Seth E. Pierce [REDACTED], #8 Declaration Stephanie Lane-Kerman, #9 Proposed Judgment) (Pierce, Seth) |
| Filing 255 NOTICE OF MOTION AND MOTION for Summary Judgment as to Sixth Cause of Action of Plaintiffs First Amended Complaint filed by Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc. Motion set for hearing on 5/8/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration Dec of DCA ISO MSJ, #2 Memorandum Memo of P&A ISO MSJ, #3 Separate Statement of Uncontroverted Facts, #4 Proposed Order Proposed Order Granting MSJ) (Anderton, D) |
| Filing 254 AMENDED ANSWER to Amended Complaint/Petition, #76 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Pierce, Seth) |
| Filing 253 Joint STIPULATION to Amend Answer to Complaint (Attorney Civil Case Opening) #120 filed by Defendants CBS Television Studios, ViacomCBS, Inc..(Pierce, Seth) |
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Filing 252
ORDER from Ninth Circuit Court of Appeals filed. CCA # 22-80121. Petitioners' motion for leave to file a reply in support of the permission to appeal is granted. The reply has been filed. The court, in its discretion, denies the petition for permission to appeal the district court's October 11, 2022 order granting class action certification. (mat)
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| Filing 251 Notice of Appearance or Withdrawal of Counsel: for attorney Nolan Shields McCready counsel for Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc. Adding Nolan McCready as counsel of record for Sessions Payroll Management, Inc., Gail Levine and Gregg Levine for the reason indicated in the G-123 Notice. Filed by Defendants Sessions Payroll Management, Inc., Gail Levine and Gregg Levine. (Attorney Nolan Shields McCready added to party Gail Levine(pty:dft), Attorney Nolan Shields McCready added to party Gregg Levine (pty:dft), Attorney Nolan Shields McCready added to party Sessions Payroll Management Inc(pty:dft))(McCready, Nolan) |
| Filing 250 NOTICE OF FILING TRANSCRIPT filed for proceedings 12/19/2022 10:02 a.m. re Transcript #249 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Moore, Judy) TEXT ONLY ENTRY |
| Filing 249 TRANSCRIPT for proceedings held on 12/19/2022 10:02 a.m.. Court Reporter/Electronic Court Recorder: Judy Moore, phone number judy_moore@cacd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/12/2023. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 3/22/2023. (Moore, Judy) |
| Filing 248 TRANSCRIPT ORDER as to Defendants CBS Television Studios, ViacomCBS, Inc. for Court Reporter. Court will contact Seth Pierce at sep@msk.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Pierce, Seth) |
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Filing 247
REDACTED ORDER RE: MOTION TO CERTIFY CLASS (ECF NO. 196), MOTIONS TO STRIKE (ECF NOS. 208, 218), AND SEALING APPLICATIONS (ECF NOS. 197, 201, 207) by Judge Mark C. Scarsi: The Court grants in part Plaintiffs motion to certify the class. The Court certifies two classes. First, a New York Wage and Hour Class under NYLL 191(1)(d), 195(1), and 195(3), consisting of all persons who were paid through Sessions Payroll for work as a background or stand-in actor or CBS television shows in New York, at any time from March 30, 2014 to the date of this order, against Sessions and the Viacom Defendants. Second, a Fraudulent Information Returns Class, under 26 U.S.C. 7434(a), of all persons who were paid through Sessions Payroll for work as a background or stand-in actor on CBS television shows in New York or California, at any time from March 30, 2014 through present, against Sessions. The Court denies the motion as to the Accounting Class. The Court appoints Plaintiff Sara DeRosa to serve as the class representative of the New York Wage and Hour Class and the Fraudulent Information Returns Class. The Court appoints Boucher LLP to serve as class counsel for both certified classes. The Court denies the motion to strike the declaration of Howard Grobstein. The Court denies as moot the motion to strike the supplemental declaration of Howard Grobstein. The Court grants the sealing applications. The parties shall submit the proposed plan and proposed schedule within 14 days of the date of this Order. The Court provisionally seals this Order.The Court provisionally seals this Order. Within seven days of the issuance of this Order, the parties shall file a joint statement as to whether any matter stated in this Order is information that should remain under seal. Thereafter, the Court will determine whether any portions of this Order should be redacted in the version filed on the public docket. (lc)
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Filing 246
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER RE: PARTIES' PROPOSED CLASS NOTICE (ECF NOS. 24344) AND UNSEALING CLASS CERTIFICATION ORDER (ECF NOS. 23132). Having considered the parties' written briefs and oral argument, the Court concludes Defendants' proposed notice properly characterizes the scope of the Court's prior order. Accordingly, the Court orders the parties to adopt the language of Section III of Defendants' proposed Class Notice. The Court concludes Defendant Sessions has not met its burden of demonstrating good cause why lines page 11, lines 5 through 19 of the Court's Order should remain under seal. Sessions argues "[t]he language contained within this portion of the Order constitutes a description of Sessions' internal processes." (Joint Statement 2.) The disputed lines, however, relate almost entirely to CBS's payroll actions, and thus do not constitute "Sessions' internal processes." (Id. (emphasis added).) Because the parties do not oppose keeping page 11, lines 20 through 23, under seal, the Court concludes these lines should remain redacted from the public record and remain under seal. Aside from page 11, lines 20 through 23, no part of the Court's Order granting class certification shall remain under seal. (lc)
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| Filing 245 MINUTES OF Status Conference re: Class Action Notice Plan held before Judge Mark C. Scarsi. The status conference is held. The Court confers with counsel regarding the status of the case and the unresolved outstanding disputes pertaining to the proposed notice plan. The Court takes the matter under submission and an order will issue. Court Reporter: Judy Moore. (lom) |
| Filing 244 STATEMENT re: Class Action Notice filed by Defendants CBS Television Studios, ViacomCBS, Inc. (Pierce, Seth) |
| Filing 243 SUPPLEMENT to Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Hearing,, #242 filed by Plaintiff Sara DeRosa. (Whitelaw, Mallory) |
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Filing 242
MINUTE ORDER (IN CHAMBERS) ORDER SETTING FURTHER STATUS CONFERENCERE: CLASS NOTICE by Judge Mark C. Scarsi. The Court will hold another status conference regarding the disputed class notice on December 19, 2022 at 10:00 a.m. Remote appearances will not be permitted. Parties are directed to meet and confer on any outstanding issues no later than December 8, 2022. Parties may submit supplemental briefing of no more than five pages insupport of their proposed class notice. See minute order for details. (lom)
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| Filing 241 MINUTES OF Status Conference re: Class Action Notice Plan held before Judge Mark C. Scarsi: The status conference is held. The Court confers with counsel regarding the status of the case and the unresolved outstanding disputes pertaining to the proposed notice plan. The Court takes the matter under submission and an order will be issued. Court Reporter: Judy Moore. (es) |
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Filing 240
ORDER DENYING STIPULATION TO CONTINUE STATUS CONFERENCE RE: CLASS ACTION NOTICE PLAN (ECF No. 239) by Judge Mark C. Scarsi, re Stipulation to Continue, #239 Request for continuance is DENIED. If lead counsel is unable to attend the November 28, 2022, hearing, another counsel of record may attend in their place. (es)
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| Filing 239 Joint STIPULATION to Continue Status Conference re: Class Action Notice Plan from November 28, 2022 to December 12, 2022 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Declaration of Seth E. Pierce, #2 Proposed Order)(Pierce, Seth) |
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Filing 238
TEXT ONLY ENTRY (IN CHAMBERS) ORDER SETTING STATUS CONFERENCE RE CLASS ACTION NOTICE PLAN by Judge Mark C. Scarsi: The Court, on its own motion, sets a Status Conference regarding the parties' Joint Statement Re: Class Action Notice Plan (ECF No. 237) for November 28, 2022, at 9:00 a.m. before Judge Mark C. Scarsi. Parties shall come prepared to discuss steps taken to resolve their dispute, and provide status of potential resolution. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 237 STATEMENT re: Class Action Notice Plan (Joint) filed by Defendants CBS Television Studios, ViacomCBS, Inc. (Pierce, Seth) |
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Filing 236
ORDER/REFERRAL to ADR Procedure No 1 by Judge Mark C. Scarsi. Case ordered to Magistrate Judge Gail J. Standish for Settlement Conference. ADR Proceeding to be held no later than May 22, 2023. (smo)
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Filing 235
ORDER RE: JURY TRIAL by Judge Mark C. Scarsi. Final Pretrial Conference set for 7/31/2023 at 2:00 PM and Jury Trial set for 8/15/2023 at 8:30 AM before Judge Mark C. Scarsi. See document for additional pretrial dates and deadlines. (smo)
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| Filing 234 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. The Court has revised its procedures regarding mandatory chambers copies in civil cases newly assigned to Judge Scarsi. The Court authorizes the parties to this case to follow the new procedures in lieu of the procedures stated in Initial Standing Order 9(e). More information about the new procedures is available at https://www.cacd.uscourts.gov/honorable-mark-c-scarsi THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
| Filing 233 STATEMENT Re: Class Notice and Proposed Class Schedule filed by Defendants CBS Television Studios, ViacomCBS, Inc. (Pierce, Seth) |
| Filing 232 STATEMENT (Joint) re: Order on Motion to Certify Class Action, Order on Motion for Leave to File Document Under Seal,,, Order on Motion to Strike, #231 . (Whitelaw, Mallory) |
| Filing 231 SEALED - ORDER RE: MOTION TO CERTIFY CLASS (ECF NO. 196), MOTIONS TO STRIKE (ECF NOS. 208, 218), AND SEALING APPLICATIONS (ECF NOS. 197, 201, 207) (bm) |
| Filing 230 NOTICE OF FILING TRANSCRIPT filed for proceedings 08-08-2022 re Transcript #229 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jmo) TEXT ONLY ENTRY |
| Filing 229 TRANSCRIPT for proceedings held on 08-08-2022. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/23/2022. Redacted Transcript Deadline set for 10/3/2022. Release of Transcript Restriction set for 12/1/2022. (jmo) |
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Filing 228
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION (ECF No. #218 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion to Strike Supplemental Declaration of Howard B. Grobstein Reply (ECF No. #218 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on August 29, 2022, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 227 TRANSCRIPT ORDER as to Defendants CBS Television Studios, ViacomCBS, Inc. for Court Smart (CS). Court will contact Seth E. Pierce at sep@msk.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Pierce, Seth) |
| Filing 226 TRANSCRIPT ORDER as to Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc for Court Smart (CS). Court will contact Evangeline Granados at egranados@littler.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Anderton, D) |
| Filing 225 TRANSCRIPT ORDER as to Plaintiff Sara DeRosa for Court Smart (CS). Court will contact Tricia Yue at yue@boucher.la with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Weitz, Maria) |
| Filing 224 REPLY in Support of NOTICE OF MOTION AND MOTION to Strike Supplemental Declaration of Howard B. Grobstein Reply (Motion related), #212 #218 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Second Supplemental Declaration of Corey G. Singer)(Pierce, Seth) |
| Filing 223 MINUTES OF Motion Hearing held before Judge Mark C. Scarsi: RE: Motion to Certify Class #196 and Motion to Strike Declaration of Howard B. Grobstein #209 . The Court questions counsel. The Court takes the Motion UNDER SUBMISSION and a ruling will be issued. Court Recorder: CourtSmart. (lc) |
| Filing 222 Opposition In Opposition to re: NOTICE OF MOTION AND MOTION to Strike Supplemental Declaration of Howard B. Grobstein Reply (Motion related), #212 #218 filed by Plaintiff Sara DeRosa. (Attachments: #1 Declaration Of Mallory Whtielaw in Support of Plaintiff's Opposition to Defendants' Motion to Strike Supplemental Declaration of Howard Grobstein)(Whitelaw, Mallory) |
| Filing 221 RESPONSE filed by Plaintiff Sara DeRosato Objection #216 (Whitelaw, Mallory) |
| Filing 220 Notice of Appearance or Withdrawal of Counsel: for attorney Charles Michael Cannizzaro counsel for Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc. Charles Cannizzaro 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 Sessions Payroll Management, Inc., Gail Levine, and Gregg Levine. (Cannizzaro, Charles) |
| Filing 219 JOINDER in NOTICE OF MOTION AND MOTION to Strike Supplemental Declaration of Howard B. Grobstein Reply (Motion related), #212 #218 filed by Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc. (Anderton, D) |
| Filing 218 NOTICE OF MOTION AND MOTION to Strike Supplemental Declaration of Howard B. Grobstein Reply (Motion related), #212 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. Motion set for hearing on 8/29/2022 at 09:00 AM before Judge Mark C. Scarsi. (Pierce, Seth) |
| Filing 217 RESPONSE filed by Defendants CBS Television Studios, ViacomCBS, Inc.to Objection/Opposition (Motion related),, #214 (Pierce, Seth) |
| Filing 216 OBJECTIONS to Reply (Motion related), #212 Objection to Supplemental Declaration of Howard B. Grobstein filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Pierce, Seth) |
| Filing 215 REPLY in Support of NOTICE OF MOTION AND MOTION to Strike Declaration of Howard B. Grobstein #209 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Supplemental Declaration of Corey G. Singer)(Pierce, Seth) |
| Filing 214 Objection In Opposition to re: APPLICATION to file document Declarations in Support of Opposition to Class Certification Motion under seal #207 filed by Plaintiff Sara DeRosa. (Attachments: #1 Plaintiff Sara Derosa's Objections to Declaration of John Zabel, #2 Plaintiff Sara Derosa's Objection to Declaration of Nairi Kiureghian, #3 Plaintiff Sara Derosa's Objection to Declaration of Joseph Harris, #4 Plaintiff Sara Derosa's Objection to Declaration of Mallery Lucchesi)(Weitz, Maria) |
| Filing 213 Opposition In Opposition to re: NOTICE OF MOTION AND MOTION to Strike Declaration of Howard B. Grobstein #209 filed by Plaintiff Sara DeRosa. (Weitz, Maria) |
| Filing 212 REPLY in support NOTICE OF MOTION AND MOTION to Certify Class #196 filed by Plaintiff Sara DeRosa. (Attachments: #1 Declaration of Maria L. Weitz in Support of Plaintiff's Reply in Support of Motion for Class Certification, #2 Declaration of Howard B. Grobstein in Support of Plaintiff's Reply in Support of Motion for Class Certification)(Weitz, Maria) |
| Filing 211 JOINDER in NOTICE OF MOTION AND MOTION to Strike Declaration of Howard B. Grobstein #209 filed by Defendant Sessions Payroll Management Inc. (Anderton, D) |
| Filing 210 PROOF OF SERVICE filed by Defendants CBS Television Studios, ViacomCBS, Inc., re Sealed Declaration in SupportDeclaration,,, #208 served on June 27, 2022. (Pierce, Seth) |
| Filing 209 NOTICE OF MOTION AND MOTION to Strike Declaration of Howard B. Grobstein filed by Defendants CBS Television Studios, ViacomCBS, Inc.. Motion set for hearing on 8/8/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Proposed Order) (Pierce, Seth) |
| Filing 208 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Declarations in Support of Opposition to Class Certification Motion under seal #207 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Unredacted Document Declaration of Joseph Harris, #2 Unredacted Document Declaration of Mallery Lucchesi, #3 Unredacted Document Declaration of Hilary Wagner, #4 Unredacted Document Declaration of Stephanie Lane-Kerman, #5 Unredacted Document Declaration of Thomas Jennings, #6 Unredacted Document Declaration of Anthony Feliciano, #7 Unredacted Document Declaration of Nairi Kiureghian, #8 Unredacted Document Declaration of Corey G. Singer, #9 Unredacted Document Declaration of Seth E. Pierce)(Ragen, Brian) |
| Filing 207 APPLICATION to file document Declarations in Support of Opposition to Class Certification Motion under seal filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Proposed Order, #2 Redacted Document Declaration of Joseph Harris, #3 Redacted Document Declaration of Mallery Lucchesi, #4 Redacted Document Declaration of Hilary Wagner, #5 Redacted Document Declaration of Stephanie Lane-Kerman, #6 Redacted Document Declaration of Thomas Jennings, #7 Redacted Document Declaration of Anthony Feliciano, #8 Redacted Document Declaration of Nairi Kiureghian, #9 Redacted Document Declaration of Corey G. Singer, #10 Redacted Document Declaration of Seth E. Pierce)(Ragen, Brian) |
| Filing 206 Opposition re: NOTICE OF MOTION AND MOTION to Certify Class #196 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Redacted Declaration of Joseph Harris, #2 Redacted Declaration of Mallery Lucchesi, #3 Redacted Declaration of Hilary Wagner, #4 Redacted Declaration of Stephanie Lane-Kerman, #5 Redacted Declaration of Thomas Jennings, #6 Redacted Declaration of Anthony Feliciano, #7 Redacted Declaration of Nairi Kiureghian, #8 Redacted Declaration of Corey G. Singer, #9 Redacted Declaration of Seth E. Pierce)(Pierce, Seth) |
| Filing 205 PROOF OF SERVICE filed by Defendants Sessions Payroll Management Inc, re Sealed Document, #202 served on June 27, 2022. (Anderton, D) |
| Filing 204 Objection In Support of Opposition re: NOTICE OF MOTION AND MOTION to Certify Class #196 , APPLICATION to file document under seal #201 filed by Defendant Sessions Payroll Management Inc. (Anderton, D) |
| Filing 203 Opposition In Support of Opposition re: APPLICATION to file document under seal #201 , NOTICE OF MOTION AND MOTION to Certify Class #196 filed by Defendant Sessions Payroll Management Inc. (Attachments: #1 Declaration Dec of D Anderton ISO Opp, #2 Exhibit Ex 5 to Dec of Anderton ISO Opp, #3 Declaration Dec of Kiurghian, #4 Declaration Dec of John Zabel)(Anderton, D) |
| Filing 202 SEALED DOCUMENT Opp to Mtn for Class Cert and Ex 5 to Dec of Anderton re NOTICE OF MOTION AND MOTION to Certify Class #196 , Order, Set/Reset Motion Hearing and R&R Deadlines #191 filed by Defendant Sessions Payroll Management Inc. (Attachments: #1 Unredacted Document Ex 5 to Dec of DCA)(Anderton, D) |
| Filing 201 APPLICATION to file document under seal filed by Defendant Sessions Payroll Management Inc. (Attachments: #1 Proposed Order, #2 Redacted Document Opp to Mtn for Class Cert, #3 Redacted Document Ex 5 to Dec of DCA)(Anderton, D) |
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Filing 200
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: (PROPOSED) ORDER TO THE NOTICE OF MOTION AND MOTION to Certify Class #196 by Judge Mark C. Scarsi. The document is accepted as filed. (smo)
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| Filing 199 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiff's roposed Order ONLY to the NOTICE OF MOTION AND MOTION to Certify Class [196-17]. The following error(s) was/were found: L.R. 58-10 at least 2 lines of text must accompany the Signature Line for Signature of Judge on a last page of proposed order, 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. (lc) |
| Filing 198 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #197 filed by Plaintiff Sara DeRosa.(Whitelaw, Mallory) |
| Filing 197 APPLICATION to file document under seal filed by Plaintiff Sara DeRosa. (Attachments: #1 Unredacted Document, #2 Proposed Order)(Whitelaw, Mallory) |
| Filing 196 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Sara DeRosa. Motion set for hearing on 8/8/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Sara DeRosa, #2 Declaration of Brian Kriegler, Ph.D., #3 Declaration of Howard Grobstein, #4 Declaration of Maria L. Weitz, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Proposed Order) (Whitelaw, Mallory) |
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Filing 195
ORDER GRANTING DEFENDANT SESSIONS PAYROLL MANAGEMENT INC.'S REQUEST THAT SYLINT'S INDEPENDENT EXPERT REPORT REMAIN UNDER SEAL #193 by Magistrate Judge Gail J. Standish: The Court GRANTS Session's Request. The Report, which Sessions filed under seal on April 25, 2022, shall remain under seal. Granting #193 REQUEST for Order. (es)
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| Filing 194 NOTICE OF LODGING filed Notice of Lodging Proposed Order re REQUEST for Order for Sylint's Independent Expert Report Remain Under Seal #193 (Attachments: #1 Proposed Order)(Cannizzaro, Charles) |
| Filing 193 REQUEST for Order for Sylint's Independent Expert Report Remain Under Seal filed by Defendant Sessions Payroll Management Inc. (Anderton, D) |
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Filing 191
ORDER ON STIPULATION RE: SHORT CONTINUANCE OF AUGUST 1, 2022 HEARING DATE ON MOTION FOR CLASS CERTIFICATION TO AUGUST 8,2022 AT 9:00 AM #188 by Judge Mark C. Scarsi. (lc)
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| Filing 192 MINUTES OF Order Re: Telephonic Status Conference re: Motion for Sanctions #173 held before Magistrate Judge Gail J. Standish: Case is called, counsel states their appearances. Plaintiff and Defendants' counsel appear via telephone. The Court and Counsel briefing discuss the neutral expert's report, which was filed under seal earlier today. The Court and Counsel also discussed the status of discovery, and how that might impact Plaintiff's ability to brief all relevant issues in the upcoming Class Certification motion. The Court informed the parties that Magistrate Judge will continue to update the District Judge regarding status and coordinate with the District Judge regarding appropriate preclusionary or other sanctions related to Sessions' spoliation of relevant evidence. Court Recorder: CourtSmart. (es) |
| Filing 190 SEALED DOCUMENT Exhibit A to Notice of Filing of Independent Expert Report Under Seal re Order on Motion for Sanctions on Discovery Matters,,, Telephone Conference,, #183 filed by Defendant Sessions Payroll Management Inc. (Attachments: #1 Certificate of Service)(Anderton, D) |
| Filing 189 NOTICE of Filing Independent Expert Report (Under Seal) filed by Defendant Sessions Payroll Management Inc. (Anderton, D) |
| Filing 188 STIPULATION to Continue Hearing Date on Motion for Class Certification from August 1, 2022 to August 8, 2022 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Declaration of Seth E. Pierce, #2 Proposed Order)(Pierce, Seth) |
| Filing 187 SCHEDULING NOTICE: The Status Conference re Motion for Sanctions #173 previously scheduled for 4/18/2022 has been rescheduled. The Conference will be held telephonically and is now set for 4/25/2022 at 3:00 PM. Clerk to provide call-in information via email.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY |
| Filing 186 NOTICE OF FILING TRANSCRIPT filed for proceedings 04-01-2022 re Transcript #185 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jmo) TEXT ONLY ENTRY |
| Filing 185 TRANSCRIPT for proceedings held on 04-01-2022. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC., phone number 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/2/2022. Redacted Transcript Deadline set for 5/12/2022. Release of Transcript Restriction set for 7/11/2022. (jmo) |
| Filing 184 TRANSCRIPT ORDER as to Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc for Court Smart (CS). Court will contact Evangeline Granados at Egranados with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Anderton, D) |
| Filing 183 MINUTES OF Order Re: Motion for Sanctions Defendant Sessions Payroll Management #173 held before Magistrate Judge Gail J. Standish: Counsel appears via telephone. For the reasons set forth on the record, the Court states and orders the following: CBS/Viacom will provide a status report regarding the "paper document" redaction and production by midnight on April 7, 2022. For the reasons set forth on the record, the Court selects Sylint as the Computer Forensic specialist to perform the analysis previously discussed. [See Order for details.] Granting #173 Motion for Sanctions. Court Reporter: CourtSmart/AT&T. (es) |
| Filing 182 SCHEDULING NOTICE re: MOTION for Sanctions #173 A Telephonic Conference has been set for April 1, 2022 at 2:00 PM before Magistrate Judge Gail J. Standish. Clerk to provide call-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY |
| Filing 181 AMENDED DOCUMENT filed by Plaintiff Sara DeRosa. Amendment to Reply (Motion related) #176 Findings of Fact and Conclusions of Law in Support of Motion for Sanctions (Whitelaw, Mallory) |
| Filing 180 MINUTES OF Order Re: Motion for Sanctions Defendant Sessions Payroll Management Pursuant to FRCP 37 #173 Hearing held before Magistrate Judge Gail J. Standish: The case is called. Counsel state their appearances. Plaintiff and both Defendants' counsel appear via Zoom. As the motion is directed to Defendant Sessions, the Court will refer to Sessions as "Defendant" herein, and "parties" shall mean Plaintiff and defendant Sessions. For the reasons set forth on the record, the Court orders the following: The Court has scheduled a Status Conference for April 18, 2022, at 1:30 p.m. [See document for details.] Court Reporter: CourtSmart/Zoom. (es) |
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Filing 179
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER RE STIPULATION TO CONTINUE CLASS CERTIFICATION MOTION BRIEFING AND HEARING SCHEDULE BY OVER FOUR MONTHS #178 . The stipulation is granted in part and denied in part. The Court resets the case schedule as follows: Deadlines to File Motion for Class Certification: June 6, 2022; File an Opposition : June 27, 2022; File a Reply: July 18, 2022; Hearing Date : August 1, 2022 at 9:00 a.m. No further extensions will be granted absent an extraordinary showing of good cause supported by detailed declaration. (lc)
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| Filing 178 Joint STIPULATION to Continue Hearing on Motion for Class Certification from June 27, 2022 to November 14, 2022 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Declaration of Brian M. Ragen, #2 Proposed Order)(Ragen, Brian) |
| Filing 177 OPPOSITION to MOTION for Sanctions Defendant Sessions Payroll Management Pursuant to FRCP 37 #173 filed by Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc. (Anderton, D) |
| Filing 176 REPLY in support MOTION for Sanctions Defendant Sessions Payroll Management Pursuant to FRCP 37 #173 filed by Plaintiff Sara DeRosa. (Attachments: #1 Findings of Fact and Conclusions of Law)(Whitelaw, Mallory) |
| Filing 175 OPPOSITION to MOTION for Sanctions Defendant Sessions Payroll Management Pursuant to FRCP 37 #173 filed by Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc. (Attachments: #1 Declaration Dec of CCannizzaro ISO Opp to Ptfs Mtn for Sanctions, #2 Declaration Dec of DCAnderton ISO Opp to Ptf's Mtn fo Sanctions, #3 Exhibit Ex 1-26 to DCAnderton Dec ISO Opp to Mtn for Sanctions, #4 Exhibit Ex 27-40 to Dec of DCAnderton ISO Opp to Pts Mtn for Sanctions, #5 Exhibit Ex 41 to Dec of DCAndeton ISO Opp to Ptf Mtn for Sancitons, #6 Exhibit to Dec of DCAndeton ISO Opp to Ptf's Mtn for Sanctions)(Anderton, D) |
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Filing 174
MINUTE ORDER (IN CHAMBERS) Order Re: Plaintiff's Motion for Sanctions #173 by Magistrate Judge Gail J. Standish: The hearing for the Motion for Sanctions #173 is continued to March 21, 2022, at 1 :30 pm. The continuance of the hearing date does not affect the due date for opposition and reply papers, which remain due based on the schedule calculated from the original hearing date. The Court also requires the following: Plaintiff must submit detailed Proposed Findings of Fact and Conclusions of Law along with her Reply; the responding Defendant thereafter has one week from the filing of the Reply to file responsive Proposed Findings of Fact and Conclusions of Law. No separate sur-reply or any other filings are authorized. [See document for further details.] (es)
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| Filing 173 NOTICE OF MOTION AND MOTION for Sanctions Defendant Sessions Payroll Management Pursuant to FRCP 37 filed by Plaintiff Sara DeRosa. Motion set for hearing on 3/7/2022 at 03:00 PM before Magistrate Judge Gail J. Standish. (Attachments: #1 Declaration of Maria L. Weitz in Support of Plaintiff's Motion for Sanctions, #2 Declaration of Mallory Whitelaw in Support of Plaintiff's Motion for Sanctions, #3 Declaration of Larry Berliner in Support of Plaintiff's Motion for Sanctions, #4 Proposed Order Proposed Order Granting Plaintiff's Motion for Sanctions Against Defendant Sessions Payroll Mangement)(Weitz, Maria) |
| Filing 172 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER GRANTING EX PARTE APPLICATION TO AMEND ORDER #138 . Plaintiff Sara DeRosa applies ex parte to amend the scheduling order for sufficient time to complete class discovery before the class certification hearing/ Court grants Plaintiffs application and modifies the dates as follows: Deadline to File Motion for Class Certification: May 2,2022; Opposition: May 25, 2022; Reply: June 17, 2022; Hearing date: June 27, 2022 9:00 AM. Based on what the Court views as egregious behavior during discovery, the Court invites Plaintiff to file a motion for sanctions under Rule 37 before Magistrate Judge Standish. (lc) |
| Filing 171 OPPOSITION to EX PARTE APPLICATION to AMEND Order,, #138 (Modify Order #138 #170 filed by Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc. (Attachments: #1 Declaration of Charles Cannizzaro)(Cannizzaro, Charles) |
| Filing 170 EX PARTE APPLICATION to AMEND Order,, #138 (Modify Order #138 filed by Plaintiff Sara DeRosa. (Attachments: #1 Declaration of Mallory Whitelaw in Support of Ex Parte Application, #2 Proposed Order) (Whitelaw, Mallory) |
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Filing 169
MINUTE ORDER (IN CHAMBERS) Order Re: Parties' Joint Status Report (e-mailed to Chambers pursuant to Court's order; report dated November 2021) by Magistrate Judge Gail J. Standish: The Court received the parties' joint report on November 5, 2021. The Magistrate Judge notes that if Judge Scarsi decides to refer the contemplated cross motions for sanctions back to her, she would be unlikely to able to prepare a Report and Recommendation before the end of January for both court and personal calendar reasons. With the timing required for objections and any further briefing, an R&R would likely be transmitted to the District Judge for review and decision several weeks after its initial preparation. Plaintiff should therefore note the Magistrate Judge's availability in any extension request filed with the District Judge. re: MOTION to Compel Requests for Production and Further Responses to Requests for Production of Documents #142 , Order, #138 , Discovery Hearing #165 , Order on Motion to Compel, #146 . [See document for further details.] (es)
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| Filing 168 NOTICE OF FILING TRANSCRIPT filed for proceedings 9-27-2021 re Transcript #167 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Prado, Araceli) TEXT ONLY ENTRY |
| Filing 167 TRANSCRIPT for proceedings held on 9-27-2021. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (Prado, Araceli) |
| Filing 166 TRANSCRIPT ORDER as to Plaintiff Sara DeRosa for Court Reporter. Court will contact Tricia Yue at yue@boucher.la with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Whitelaw, Mallory) |
| Filing 164 TRANSCRIPT ORDER as to Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc for Court Smart (CS). Court will contact Evangeline Granados at egranados@littler.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Anderton, D) |
| Filing 163 TRANSCRIPT ORDER as to Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc for Court Smart (CS). Court will contact Evangeline Granados at egranados@littler.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Anderton, D) |
| Filing 165 MINUTES OF Discovery Status Conference Hearing held before Magistrate Judge Gail J. Standish: The case is called, and appearances are stated for the record. The Court conducts the status conference and orders that Plaintiff may take depositions of declarants Alister Harris and Martin Arenas, and that these depositions shall be completed by no later than October 27, 2021. Plaintiff may take up to 3.5 hours of deposition time per declarant. By no later than 7 days after the completion of both depositions, counsel shall forward a joint email to the Court identifying any issues they still wish to brief among those issue that wereraised in the two status reports previously filed with the Court. The Court will thereafter schedule a status conference at which the parties should be prepared to discuss briefing schedules for any such motions. Court Reporter: ZOOM. (es) |
| Filing 162 NOTICE by Magistrate Judge Gail J. Standish scheduling a Zoom Discovery Status Conference for 9/27/2021 04:00 PM before Magistrate Judge Gail J. Standish. All counsel appearing at the hearing shall provide their email addresses and telephone numbers to the Court Clerk at GJS_chambers@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (efc) TEXT ONLY ENTRY |
| Filing 161 NOTICE OF MOTION AND MOTION for Hearing Discovery Conference, re: Order #158 , MOTION for Hearing Discovery Conference, re: Order #158 , Second Joint Report Re: Outstanding Issues Related to Sessions' Responses to Plaintiff's Requests for Production, Set One #160 , Third Joint Report Re: Sessions' Responses to Plaintiff's Requests for Production, Set One and Related Discovery and Inspections filed by Plaintiff Sara DeRosa. (Weitz, Maria) |
| Filing 160 NOTICE OF MOTION AND MOTION for Hearing Discovery Conference, re: Order #158 , Second Joint Report Re: Outstanding Issues Related to Sessions' Responses to Plaintiff's Requests for Production, Set One filed by Plaintiff Sara DeRosa. (Weitz, Maria) |
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Filing 159
ORDER by Magistrate Judge Gail J. Standish, re Notice Joint Report Re Outstanding Discovery Issues #156 . (efc)
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Filing 158
JOINT ORDER by Magistrate Judge Gail J. Standish, re Notice Joint Report Re Outstanding Discovery Issues #156 . (efc)
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| Filing 157 RESPONSE filed by Defendants CBS Television Studios, ViacomCBS, Inc.to Notice (Other) #156 (Ragen, Brian) |
| Filing 156 NOTICE Joint Report Re Outstanding Discovery Issues filed by Plaintiff Sara DeRosa. (Attachments: #1 Proposed Order Joint [Proposed] Order, #2 Proposed Order [Proposed] Order Granting Belaire-West Opt-Out Notice)(Whitelaw, Mallory) |
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Filing 155
ORDER by Magistrate Judge Gail J. Standish re Stipulation for Extension of Time #154 . The current deadline for the Parties to file a stipulation and proposed order or joint report pursuant to the July 21, 2021 Minute Order shall be August 20, 2021. (efc)
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| Filing 154 STIPULATION for Extension of Time to File Stipulation and Proposed Order or Joint Report filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Proposed Order)(Ragen, Brian) |
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Filing 151
ORDER by Magistrate Judge Gail J. Standish, re Stipulation for Extension of Time #150 . The current deadline for the parties to file a stipulation and proposed order or joint report shall be August 18, 2021. (efc)
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| Filing 150 STIPULATION for Extension of Time to File Stipulation and Order or Joint Report filed by Plaintiff Sara DeRosa. (Attachments: #1 Proposed Order)(Whitelaw, Mallory) |
| Filing 153 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/21/21 re Transcript #152 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY |
| Filing 152 TRANSCRIPT for proceedings held on 7/21/21. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/1/2021. Redacted Transcript Deadline set for 9/13/2021. Release of Transcript Restriction set for 11/9/2021. (ha) |
| Filing 149 TRANSCRIPT ORDER as to Plaintiff Sara DeRosa for Court Smart (CS). Court will contact Tricia Yue at yue@boucher.la with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Whitelaw, Mallory) |
| Filing 148 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Transcript Order Form (G-120), #147 . The following error was found: THE DELIVERY TYPE IS MISSING IN BOX d. EXAMPLE (choose one): DAILY (Next Day), 3-day, EXPEDITED (7-day), 14-day, OR ORDINARY (30-day). You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ls) TEXT ONLY ENTRY |
| Filing 147 TRANSCRIPT ORDER as to Plaintiff Sara DeRosa for Court Smart (CS). Court will contact Tricia Yue at yue@boucher.la with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Whitelaw, Mallory) |
| Filing 146 MINUTES (IN CHAMBERS) by Magistrate Judge Gail J. Standish: granting #142 Motion to Compel. Defendant's Sessions shall update their responses to discovery as set forth in detail on the record. Along with the updated responses, Defendant Sessions will serve a declaration under penalty of perjury by an IT specialist or similar in-house expert as ordered at the hearing. Defendant's supplemental responses and the above-mentioned declaration shall be served by Monday, August 2, 2021. (efc) |
| Filing 145 REPLY in support MOTION to Compel Requests for Production and Further Responses to Requests for Production of Documents #142 filed by Plaintiff Sara DeRosa. (Attachments: #1 Declaration Whitelaw Reply Dec, #2 Declaration DeRosa Reply Dec)(Whitelaw, Mallory) |
| Filing 144 OPPOSITION to MOTION to Compel Requests for Production and Further Responses to Requests for Production of Documents #142 filed by Defendant Sessions Payroll Management Inc. (Attachments: #1 Declaration of Chad Anderton, #2 Declaration of Joe Colleran, #3 Proposed Order)(Cannizzaro, Charles) |
| Filing 143 NOTICE by Magistrate Judge Gail J. Standish scheduling the Motion to Compel Requests for Production and Further Responses to Requests for Production of Documents #142 for a Zoom hearing on 7/21/2021 at 2:00 PM. Counsel shall notify the Clerk via email at GJS_ chambers@cacd.uscourts.gov of the name of each counsel appearing at the hearing as well as their email address and telephone number.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (efc) TEXT ONLY ENTRY |
| Filing 142 NOTICE OF MOTION AND MOTION to Compel Requests for Production and Further Responses to Requests for Production of Documents filed by Plaintiff Sara DeRosa. Motion set for hearing on 7/21/2021 at 02:00 PM before Magistrate Judge Gail J. Standish. (Attachments: #1 Declaration of Mallory Whitelaw In Support of Motion to Compel, #2 Proposed Order)(Whitelaw, Mallory) |
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Filing 141
ORDER GRANTING STIPULATION FOR DISMISSAL WITHOUT PREJUDICE AGAINST DEFENDANTS FIRSTHAND PRODUCTIONS, INC.; EAST END PRODUCTIONS, INC., AND SNAPSHOT PRODUCTIONS, INC #140 by Judge Mark C. Scarsi (lc)
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| Filing 140 STIPULATION to Dismiss Defendants East End Productions, Inc., Firsthand Productions, inc., Snapshot Productions, Inc. filed by Plaintiff Sara DeRosa. (Attachments: #1 Declaration of Mallory Whitelaw in Support of Stipulation for Dismissal Without Prejudice as to Producer Defendants, #2 Proposed Order Granting Stipulation for Dismissal Without Prejudice as to Producer Defendants)(Whitelaw, Mallory) |
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Filing 138
ORDER SETTING DATES #133 by Judge Mark C. Scarsi:The Court has reviewed the parties Joint Rule 26(f) Report and sets the dates below. Any proposed changes to the discovery rules set forth in the Federal Rules of Civil Procedure are to be heard before the magistrate judge. The Court will set additional additional dates, including pretrial and trial dates, after a ruling on class certification has been issued. Hearing Date on Motion for Class Certification: March 7, 2022 at 9:00 AM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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| Filing 137 MINUTES OF SCHEDULING CONFERENCE held before Judge Mark C. Scarsi. The hearing is held by Zoom videoconference. Counsel, the Court, and court staffall appear in that manner. Recording or rebroadcasting of the proceedings isstrictly prohibited. The scheduling conference is held. The Court and counsel confer about the proposed schedule for the class certification motion. The Court will adopt the parties' proposed schedule. Order to issue. No further extensions for lack of discovery will be granted. The Court questions plaintiff about the status of defendants Firsthand Productions, Inc., East End Production, Inc., and Snapshot Production, Inc., all currently in default. For reasons stated on the record, plaintiff will file a request to dismiss these defendants. Court Reporter: Miriam Baird. (lc) |
| Filing 139 MINUTES OF Discovery Status Conference held before Magistrate Judge Gail J. Standish. The Court confers with the parties regarding the status of discovery. The parties advise that they have been working cooperatively together to moot many of the issues contained in Plaintiff's Motion to Compel [Dkt. 75]. Given that the District Judge has set a scheduling conference in this matter for April 12, 2021, counsel are directed to continue to meet and confer. After the scheduling conference, they are directed to send a joint email to the Courts chambers email address outlining any remaining disputed issues in accordance with the guidance given by the Court at the hearing. Court Recorder: Zoom. (efc) |
| Filing 136 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. The Court will conduct Scheduling Conference currently set for April 12, 2021 at 10:00 AM, before Judge Mark C. Scarsi, by Zoom videoconference. Call-in instructions will be emailed to everyone listed on the docket prior to the hearing and are also available on the Court's website under our Judges Procedures and Schedules page. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) |
| Filing 135 NOTICE by Magistrate Judge Gail J. Standish rescheduling the Discovery Status Conference from 4/6/2021 to 4/9/2021 01:00 PM before Magistrate Judge Gail J. Standish at the request of counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (efc) TEXT ONLY ENTRY |
| Filing 134 Notice of Appearance or Withdrawal of Counsel: for attorney Charles Michael Cannizzaro counsel for Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc. Adding Charles Cannizzaro as counsel of record for Sessions Payroll Management, Inc.; Gail Levine; and Gregg Levine for the reason indicated in the G-123 Notice. Filed by Defendants Sessions Payroll Management, Inc. Gail Levine and Gregg Levine. (Attorney Charles Michael Cannizzaro added to party Gail Levine(pty:dft), Attorney Charles Michael Cannizzaro added to party Gregg Levine (pty:dft), Attorney Charles Michael Cannizzaro added to party Sessions Payroll Management Inc(pty:dft))(Cannizzaro, Charles) |
| Filing 133 JOINT REPORT Rule 26(f) Discovery Plan (Amended) filed by Plaintiff Sara DeRosa.. (Whitelaw, Mallory) |
| Filing 132 NOTICE by Magistrate Judge Gail J. Standish scheduling a Discovery Status Conference for a Zoom hearing on 4/6/2021 at 2:00 PM before Magistrate Judge Gail J. Standish. All counsel appearing at the hearing shall provide their email addresses and telephone numbers to the Court Clerk at GJS_chambers@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (efc) TEXT ONLY ENTRY |
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Filing 131
ORDER GRANTING REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY D. CHAD ANDERTON IN PLACE AND INSTEAD OF PAUL A. BECK FOR DEFENDANT GAIL LEVINE #126 by Judge Mark C. Scarsi (lc)
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Filing 130
ORDER GRANTING REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY D. CHAD ANDERTON IN PLACE AND INSTEAD OF PAUL A. BECK FOR DEFENDANT GREGG LEVINE #125 by Judge Mark C. Scarsi (lc)
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Filing 129
ORDER GRANTING REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY D. CHAD ANDERTON IN PLACE AND INSTEAD OF PAUL A. BECK FOR DEFENDANT SESSIONS PAYROLL MANAGEMENT, INC #124 by Judge Mark C. Scarsi (lc)
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| Filing 128 TEXT ONLY ENTRY (IN CHAMBERS) RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS (G-112a) by Judge Mark C. Scarsi: In accordance with the Notice to Filer of Deficiencies in Electronically Filed Documents (ECF No. #127 ), regarding Notice of Appearance or Withdrawal of Counsel (ECF Nos. #124 , #125 , and #126 ), IT IS HEREBY ORDERED that the documents are accepted as filed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
| Filing 127 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123),, #124 , Notice of Appearance or Withdrawal of Counsel (G-123),, #126 , Notice of Appearance or Withdrawal of Counsel (G-123),, #125 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request; Substitute Attorney (G-01). 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. (sbou) |
| Filing 126 Notice of Appearance or Withdrawal of Counsel: for attorney Paul A Beck counsel for Defendant Gail Levine. Adding D Chad Anderton as counsel of record for Gail Levine for the reason indicated in the G-123 Notice. Paul Alan Beck is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Paul Alan Beck. (Attachments: #1 Proposed Order (Proposed) Order on Request for Approval of Substitution or Withdrawal of Attorney)(Beck, Paul) |
| Filing 125 Notice of Appearance or Withdrawal of Counsel: for attorney Paul A Beck counsel for Defendant Gregg Levine. Adding D Chad Anderton as counsel of record for Gregg Levine for the reason indicated in the G-123 Notice. Paul Alan Beck is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Paul Alan Beck. (Attachments: #1 Proposed Order (Proposed) Order on Request for Approval of Substitution or Withdrawal of Attorney)(Beck, Paul) |
| Filing 124 Notice of Appearance or Withdrawal of Counsel: for attorney Paul A Beck counsel for Defendant Sessions Payroll Management Inc. Adding D Chad Anderton as counsel of record for Sessions Payroll Management, Inc. for the reason indicated in the G-123 Notice. Paul Alan Beck is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Paul Alan Beck. (Attachments: #1 Proposed Order (Proposed) Order on Request for Approval of Substitution or Withdrawal of Attorney)(Beck, Paul) |
| Filing 123 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Miscellaneous Document #119 , Miscellaneous Document #118 by Judge Mark C. Scarsi. The documents Consent Order Granting Substitution of attorney is stricken and counsel is ordered to file an amended or corrected document by 3/19/21. (lc) |
| Filing 122 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #119 , Miscellaneous Document #118 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Incorrect event selected. Correct event to be used is: SEE BELOW UNDER OTHER. Other error(s) with document(s): Document is the Combined Consent and Order form re substitution of attorney...format of which is not applicable in e-filing. Filer should have had a Main document to which the proposed consent should have been submitted as an attachment thereto. The Incorrect event does not seek any relief from the court.. 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. (lc) |
| Filing 121 CORPORATE DISCLOSURE STATEMENT filed by Defendants CBS Television Studios, ViacomCBS, Inc. (Pierce, Seth) |
| Filing 120 ANSWER to Amended Complaint/Petition, #76 filed by Defendants CBS Television Studios, ViacomCBS, Inc..(Pierce, Seth) |
| Filing 119 (STRICKEN PER 3/17/2021 COURT'S G112B RESPONSE, DOCKET NO. 123).Consent Order Granting Substitution of Attorney - Gail Levine filed by Defendant Gail Levine (Anderton, D) Modified on 3/17/2021 (lc). |
| Filing 118 (STRICKEN PER 3/17/2021 COURT'S G112B RESPONSE, DOCKET NO. 123).Consent Order Granting Substitution of Attorney filed by Defendant Sessions Payroll Management Inc (Anderton, D) Modified on 3/17/2021 (lc). Modified on 3/17/2021 (lc). |
| Filing 117 STATEMENT Plaintiff's Supplemental Position Statement filed by Plaintiff Sara DeRosa re: MOTION to Compel Further Responses to Requests for Production #75 . (Whitelaw, Mallory) |
| Filing 116 Supplemental Position Statement in Opposition to re: MOTION to Compel Further Responses to Requests for Production #75 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Pierce, Seth) |
| Filing 115 CORPORATE DISCLOSURE STATEMENT Defendants Sessions Payroll Management Inc.'s, Gail Levine's and Gregg Levine's Amended Notice of Interested Parties and Corporate Disclosure Statement and Certification filed by Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc identifying Sessions Payroll Management, Inc. as Corporate Parent. (Beck, Paul) |
| Filing 114 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint #107 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (lom) |
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Filing 113
ORDER by Magistrate Judge Gail J. Standish re Joint REQUEST to Supplement Briefing on Plaintiff's Motion to Compel re MOTION to Compel Further Responses to Requests for Production #75 #112 . Plaintiff and the ViacomCBS Defendants may each file a two-page supplemental position statement regarding the impact of the Court's March 3, 2021 Order on the pending discovery dispute on or before Friday, March 12, 2021. (efc)
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| Filing 112 Joint REQUEST to Supplement Briefing on Plaintiff's Motion to Compel re MOTION to Compel Further Responses to Requests for Production #75 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Proposed Order)(Pierce, Seth) |
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Filing 111
ORDER GRANTING STIPULATION AND DENYING REQUEST FOR CLARIFICATION #110 by Judge Mark C. Scarsi. The Court GRANTS the Stipulation and ORDERS that CBS shall have until March 17, 2021 to answer the FAC. The Court declines to clarify its March 3, 2021 order because CBS identifies no valid procedural or substantive basis for the Court to provide the requested clarification. (lom)
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| Filing 110 STIPULATION for Extension of Time to File Answer to Plaintiff's First Amended Complaint filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Declaration of Corey G. Singer, #2 Proposed Order)(Pierce, Seth) |
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Filing 109
ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 4/12/2021 at 10:00 AM before Judge Mark C. Scarsi. (smo)
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| Filing 108 OBJECTIONS to Miscellaneous Document, #106 (Request for Clarification) filed by Plaintiff Sara DeRosa. (Whitelaw, Mallory) |
| Filing 107 ANSWER to Amended Complaint/Petition, #76 Amended Answer of Defendants Sessions Payroll Management, Inc., Gail Levine and Gregg Levine to Plaintiff's First Amended Class Action Complaint filed by Attorneys for Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc.(Beck, Paul) |
| Filing 106 Request for Clarification on the Court's Order Granting in Part and Denying in Part Defendants ViacomCBS Inc. and CBS Studios, Inc.'s Motion to Dismiss filed by Defendants CBS Television Studios, ViacomCBS, Inc. re: Order on Motion to Dismiss Case, #105 (Pierce, Seth) |
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Filing 105
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS #90 by Judge Mark C. Scarsi: CBS's Motion to Dismiss is GRANTED without leave to amend as to Plaintiff's sixth claim and Plaintiff's third, fourth, fifth, and seventh claim to the extent they are based on a failure to remit theory. The Motion is DENIED in all other respects. CBS shall file an answer within seven days of this Order. (lc)
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| Filing 104 REPLY filed by Defendants CBS Television Studios, ViacomCBS, Inc. to Request for Judicial Notice #91 in Support of (Pierce, Seth) |
| Filing 103 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #90 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Pierce, Seth) |
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Filing 102
ORDER GRANTING STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE MOTION TO STRIKE AFFIRMATIVE DEFENSES #101 by Judge Mark C. Scarsi: Defendants Sessions Payroll Management, Inc., Gail Levine and Gregg Levine deadline to file an Amended Answer shall be on or before March 5, 2021. The deadline for Plaintiff to file a Motion to Strike the affirmative defenses in the Answer of Defendants Sessions Payroll Management, Inc., Gail Levine and Gregg Levine to Plaintiffs First Amended Class Action Complaint shall be extended from February 24, 2021, to March 10, 2021, (lc)
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| Filing 101 STIPULATION for Extension of Time to File Motion to Strike filed by Plaintiff Sara DeRosa. (Attachments: #1 Proposed Order)(Whitelaw, Mallory) |
| Filing 100 Opposition Opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Case #90 filed by Plaintiff Sara DeRosa. (Whitelaw, Mallory) |
| Filing 99 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #90 and Request for Judicial Notice #91 filed by Plaintiff Sara DeRosa. (Whitelaw, Mallory) |
| Filing 98 CORPORATE DISCLOSURE STATEMENT Defendants Sessions Payroll Management Inc.'s, Gail Levine's and Gregg Levine's Corporate Disclosure Statement and Certification and Notice of Interested Parties filed by Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc identifying Sessions Payroll Management, Inc. as Corporate Parent. (Beck, Paul) |
| Filing 97 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Complaint (Attorney Civil Case Opening) by Gail Levine, Gregg Levine, Sessions Payroll Management Inc. #95 by Judge Mark C. Scarsi. The document is accepted as filed. Defendants must file their notice of interested parties by February 8, 2021. (lc) |
| Filing 96 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #95 by defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc.. The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (lc) |
| Filing 95 ANSWER to Amended Complaint/Petition, #76 Answer of Defendants Sessions Payroll Management, Inc., Gail Levine and Gregg Levine to Plaintiff's First Amended Class Action Complaint for (1) Failure to Provide Wage Statement - Violation of NYLL; (2) Failure to Provide Wage Notices - Violation of NYLL (3) Unlawful Deductions - Violation of NYLL; (4) Failure to Timely Pay Wages - Violation of NYLL; (5) Conversion; (6) Fraudulent Filing of Information Returns - Violation of 26 U.S.C. Section 7344; and (7) Accounting filed by Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc.(Beck, Paul) |
| Filing 94 CORPORATE DISCLOSURE STATEMENT filed by Defendants CBS Television Studios, ViacomCBS, Inc. (Pierce, Seth) |
| Filing 93 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER DENYING EX PARTE APPLICATION TO EXTEND RESPONSE DEADLINE #89 . The Sessions Defendants shall file an answer to the FAC by February 3, 2021. (lc) |
| Filing 92 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case #90 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (lc) |
| Filing 91 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #90 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Pierce, Seth) |
| Filing 90 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants CBS Television Studios, ViacomCBS, Inc.. Motion set for hearing on 3/8/2021 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Corey G. Singer) (Pierce, Seth) |
| Filing 89 EX PARTE APPLICATION to Extend Time to File Answer to 3/3/2021 re Amended Complaint/Petition, #76 filed by Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc. (Attachments: #1 Proposed Order Extending Time for Sessions Defendants to Respond to Plaintiff's First Amended Class Action Complaint) (Beck, Paul) |
| Filing 88 REPLY in support MOTION to Compel Further Responses to Requests for Production #75 filed by Plaintiff Sara DeRosa. (Attachments: #1 Declaration of Mallory Whitelaw In Support of Amended Reply to Motion to Compel)(Whitelaw, Mallory) |
| Filing 87 NOTICE of Withdrawal of Doc. Nos. 86 and 86-1 filed by Plaintiff Sara DeRosa. (Whitelaw, Mallory) |
| Filing 86 REPLY in support MOTION to Compel Further Responses to Requests for Production #75 filed by Plaintiff Sara DeRosa. (Attachments: #1 Declaration of Mallory Whitelaw In Support of Reply to Motion to Compel)(Whitelaw, Mallory) |
| Filing 85 PROOF OF SERVICE filed by defendants CBS Television Studios, ViacomCBS, Inc., re Sealed Document, #84 served on January 11, 2021. (Pierce, Seth) |
| Filing 84 SEALED DOCUMENT Exhibit B to the Declaration of Seth E. Pierce in Support of Defendants' Opposition to Plaintiff's Motion to Compel Further Responses to Requests for Production, Set One re Order on Motion for Leave to File Document Under Seal #83 filed by Defendants CBS Television Studios, ViacomCBS, Inc..(Pierce, Seth) |
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Filing 83
ORDER by Magistrate Judge Gail J. Standish: granting #80 Application to Seal Document, The document listed above shall be filed under seal pursuant to Local Rule 79-5.2.2. (efc)
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| Filing 82 PROOF OF SERVICE filed by defendants CBS Television Studios, ViacomCBS, Inc., re Sealed Declaration in SupportDeclaration, #81 served on January 7, 2021. (Pierce, Seth) |
| Filing 81 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit B to the Declaration of Seth E. Pierce in Support of Defendants' Opposition to Plaintiff's Motion to Compel Further Responses to Requests for Production, Set One under seal #80 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Unredacted Exhibit B to Declaration of Seth E. Pierce)(Pierce, Seth) |
| Filing 80 APPLICATION to file document Exhibit B to the Declaration of Seth E. Pierce in Support of Defendants' Opposition to Plaintiff's Motion to Compel Further Responses to Requests for Production, Set One under seal filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Proposed Order, #2 Exhibit B to Declaration of Seth E. Pierce)(Pierce, Seth) |
| Filing 79 Opposition re: MOTION to Compel Further Responses to Requests for Production #75 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Declaration of Seth E. Pierce, #2 Response to Separate Statement)(Pierce, Seth) |
| Filing 78 NOTICE OF FILING TRANSCRIPT filed for proceedings 12/7/2020 re Transcript #77 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY |
| Filing 77 TRANSCRIPT for proceedings held on 12/7/2020. Court Reporter/Electronic Court Recorder: miriam baird, phone number MVB11893@AOL.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/27/2021. Redacted Transcript Deadline set for 2/8/2021. Release of Transcript Restriction set for 4/6/2021. (Baird, Miriam) |
| Filing 76 FIRST AMENDED COMPLAINT against Defendants CBS Television Studios, Does, East End Productions, Inc., Firsthand Productions, inc., Gail Levine, Gregg Levine, Sessions Payroll Management Inc, Snapshot Productions, Inc., ViacomCBS, Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Sara DeRosa(Boucher, Raymond) |
| Filing 75 NOTICE OF MOTION AND MOTION to Compel Further Responses to Requests for Production filed by Plaintiff Sara DeRosa. (Attachments: #1 Declaration Declaration of Mallory Whitelaw In Support of Motion to Compel, #2 Proposed Order Proposed Order Granting Motion to Compel, #3 Appendix Separate Statement In Support of Motion to Compel)(Whitelaw, Mallory) |
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Filing 74
ORDER GRANTING STIPULATION TO EXTEND TIME TO FILE FIRST AMENDED COMPLAINT AND TO FILE RESPONSES TO FIRST AMENDED COMPLAINT #73 by Judge Mark C. Scarsi: Plaintiffs have until December 29, 2020 to file the FAC, and Defendants ViacomCBS Inc., CBS Studios Inc., Sessions Payroll Management, Inc., Gail Levine and Gregg Levine have until February 1, 2021 to respond to the FAC. (lc)
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| Filing 73 Joint STIPULATION for Extension of Time to Amend Order on Motion to Dismiss,,,,, Order on Motion to Dismiss Case,,,,, Telephone Conference,,,,, Terminate Hearings,,,, #70 filed by Plaintiff Sara DeRosa. (Attachments: #1 Declaration of Mallory Whitelaw in Support of Stipulation to Extend Time to File First Amended Complaint and Responses, #2 Proposed Order Granting Extensions to File First Amended Complaint and Responses)(Whitelaw, Mallory) |
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Filing 72
MINUTE ORDER IN CHAMBERS by Magistrate Judge Gail J. Standish regarding parties' email of December 17, 2020. The Court is in receipt of the parties joint e-mail request, made pursuant to the Court's procedures, seeking a pre-discovery motion telephone conference. Given the procedural posture of this purported class action and the issues raised in the joint e-mail, the Court dispenses with the informal conference in this instance and sets the following briefing schedule for Plaintiffs motion to compel: Plaintiff's opening brief and any supporting documents are due on or before December 29, 2020; Defendants' opposition brief and any supporting documents are due on or before January 7, 2020; Plaintiff's optional reply, which is limited to 7 pages, is due on or before January 12, 2020. (efc)
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Filing 71
STIPULATED PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re Joint REQUEST for Protective Order for Discovery #66 . (efc)
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| Filing 70 MINUTES OF Motion to Dismiss Plaintiffs First, Second, Third, Sixth, Seventh, Eighth, and Tenth Causes of Action; and to Strike Certain Allegations in Plaintiffs Fifth Cause of Action filed by Defendants CBS Television Studios, ViacomCBS, Inc. #33 ; and Re Scheduling Conference held before Judge Mark C. Scarsi: The motion hearing is held telephonically. Counsel, the Court, and court staff all appear in that manner. Recording or rebroadcasting of the proceedings is strictly prohibited. The Court issued its tentative order. Counsel address the Court. For reasons stated on the record, Plaintiff will file a First Amended Complaint no later than December 21,2020. All defendants shall answer or move to dismiss the First Amended Complaint by January 22, 2021. In light of the forthcoming First Amended Complaint, the pending motions to dismiss the Complaint #33 , #46 are DENIED as moot. The scheduling conference is not held, and no pretrial and trial dates are set at this time. Court Reporter: Miriam Baird. (lc) |
| Filing 69 TRANSCRIPT ORDER as to Defendant ViacomCBS, Inc. for Court Reporter. Court will contact Corey G. Singer at cgs@msk.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Singer, Corey) |
| Filing 68 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. The Court, on its own motion, sets a telephonic hearing on the Motion to Dismiss Plaintiff's First, Second, Third, Sixth, Seventh, Eighth, and Tenth Causes of Action; and to Strike Certain Allegations in Plaintiff's Fifth Cause of Action filed by Defendants CBS Television Studios, ViacomCBS, Inc. (Dkt. No. #33 ) for December 7, 2020, at 9:00 a.m. before Judge Mark C. Scarsi. The Court has also continued the time of the hearing from 8:30 a.m. to 9:00 a.m. Call-in instructions will be emailed to everyone listed on the docket prior to the hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
| Filing 67 NOTICE OF LODGING filed re Joint REQUEST for Protective Order for Discovery #66 (Attachments: #1 Proposed Order Stipulated Protective Order)(Whitelaw, Mallory) |
| Filing 66 Joint REQUEST for Protective Order for Discovery filed by Plaintiff Sara DeRosa.(Whitelaw, Mallory) |
| Filing 65 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial N/A, filed by Plaintiff Sara DeRosa.. (Boucher, Raymond) |
| Filing 64 PROOF OF SERVICE filed by Plaintiff Sara DeRosa, re Order,, #63 served on 11/16/2020. (Boucher, Raymond) |
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Filing 63
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI by Judge Mark C. Scarsi. This case has been assigned to the calendar of Judge Mark C. Scarsi. Both the Court and counsel bear responsibility for the progress of this litigation in federal court. To "secure the just, speedy, and inexpensive determination" of this case, all parties or their counsel are ordered to become familiar with the Federal Rules of Civil Procedure, the Local Rules of the Central District of California, and this Courts Standing Orders. (smo)
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Filing 62
ORDER OF THE CHIEF JUDGE (#20-136) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Mark C. Scarsi, this case is transferred from Judge John A. Kronstadt to the calendar of Judge Mark C. Scarsi for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-02965 MCS(GJSx). (rn)
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| Filing 61 Opposition Opposition to re: First NOTICE OF MOTION AND MOTION to Dismiss Case Notice of Motion and Motion of Defendants Sessions Payroll Management, Inc., Gail Levine and Gregg Levine to (A) Dismiss Plaintiff's First, Second, Third, Fourth, Fifth, Seventh, Eighth, and Ten #46 filed by Plaintiff Sara DeRosa. (Whitelaw, Mallory) |
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Filing 60
(IN CHAMBERS) ORDER SETTING HEARING ON PLAINTIFFS MOTION FOR DEFAULT JUDGMENT AGAINST FIRSTHAND PRODUCTIONS INC., EAST END PRODUCTIONS INC., AND SNAPSHOT PRODUCTIONS INC. by Judge John A Kronstadt: On August 31, 2020, default was entered against Defendants, Firsthand Productions Inc., East End Productions Inc., and Snapshot Productions Inc. Dkt. #54 . The Court sets the hearing on the motion for default judgment for March 22, 2021 at 8:30 am, which shall be served on Defendants and filed with the Court no later than February 15, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.
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| Filing 59 REQUEST FOR JUDICIAL NOTICE in Support of Defendants ViacomCBS Inc. and CBS Studios Inc.'s Reply to Motion to Dismiss and Motion to Strike filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Pierce, Seth) |
| Filing 58 REPLY filed by Defendants CBS Television Studios, ViacomCBS, Inc. to Request for Judicial Notice, #34 (Pierce, Seth) |
| Filing 57 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First, Second, Third, Sixth, Seventh, Eighth, and Tenth Causes of Action; and to Strike Certain Allegations in Plaintiff's Fifth Cause of Action #33 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Pierce, Seth) |
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Filing 56
ORDER RE STIPULATION FOR DISMISSAL WITHOUT PREJUDICE OF FIRST AND SECOND COUNTS AGAINST DEFENDANTS VIACOMCBS INC., CBS STUDIOS INC., SESSIONS PAYROLL MANAGEMENT, INC., GAIL LEVINE, AND GREGG LEVINE (DKT. #55 ) by Judge John A. Kronstadt, the Stipulation is APPROVED as follows: (1) Plaintiffs individual and the putative class claims based on Plaintiff s First Count (Unpaid Overtime in Violation of Fair Labor Standards Act) and Second Count (Unpaid Overtime in Violation of New York Labor Law) only, against ViacomCBS, Inc., CBS Studios Inc., Sessions Payroll Management, Inc., Gail Levine, and Gregg Levine ("Defendants"), as asserted in the Complaint (Dkt. 1), are dismissed without prejudice; (3) Plaintiff, on the one hand, and Defendants, on the other hand, and their respective counsel, shall bear their own respective costs and attorneys' fees incurred through the date of this Order; and (4) Notice of the voluntary dismissal to putative class members is not required at this time; provided, however that issue may be reviewed in connection with a motion for class certification. (jp)
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| Filing 55 REQUEST to Dismiss First & Second Counts Against Defendants filed by Plaintiff Sara DeRosa. (Attachments: #1 Declaration of Maria L. Weitz, #2 Proposed Order) (Weitz, Maria) |
| Filing 54 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Firsthand Productions Inc., East End Productions Inc., Snapshot Productions Inc. (lom) |
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Filing 53
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO DEFENDANTS SESSIONS PAYROLL MANAGEMENT, INC., GAIL LEVINE AND GREGG LEVINE'S MOTIONS TO (A) DISMISS PLAINTIFF'S FIRST, SECOND, THIRD, FOURTH, FIFTH, SEVENTH, EIGHTH, AND TENTH CLAIMS FOR RELIEF; AND (B) TO STRIKE CERTAIN ALLEGATIONS IN PLAINTIFF'S FIFTH CLAIM FOR RELIEF #51 by Judge John A. Kronstadt. IT IS HEREBY ORDERED: 1. the current deadline for Plaintiff to file her opposition to the Motion, or to amend the Complaint, shall be extended from September 3, 2020 to on or before September 24, 2020; 2. the current deadline for Defendants Sessions Payroll Management, Inc., Gail Levine and Gregg Levine to file their reply in support of the Motion shall be extended from September 17, 2020 to on or before October 8, 2020. (lom) Modified on 8/26/2020 (lom).
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| Filing 52 APPLICATION for Clerk to Enter Default against Defendants East End Productions, Inc., Firsthand Productions, inc., Snapshot Productions, Inc. filed by Plaintiff Sara DeRosa. (Attachments: #1 Declaration of Mallory Whitelaw In Support of Application for Entry of Default) (Whitelaw, Mallory) |
| Filing 51 STIPULATION for Extension of Time to File Response as to First NOTICE OF MOTION AND MOTION to Dismiss Case Notice of Motion and Motion of Defendants Sessions Payroll Management, Inc., Gail Levine and Gregg Levine to (A) Dismiss Plaintiff's First, Second, Third, Fourth, Fifth, Seventh, Eighth, and Ten #46 filed by Plaintiff Sara DeRosa. (Attachments: #1 Proposed Order)(Whitelaw, Mallory) |
| Filing 50 PROOF OF SERVICE Executed by Plaintiff Sara DeRosa, upon Defendant Firsthand Productions, inc. served on 7/21/2020, answer due 8/11/2020. Service of the Summons and Complaint were executed upon California Secretary of State in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Whitelaw, Mallory) |
| Filing 49 PROOF OF SERVICE Executed by Plaintiff Sara DeRosa, upon Defendant East End Productions, Inc. served on 7/21/2020, answer due 8/11/2020. Service of the Summons and Complaint were executed upon California Secretary of State in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Whitelaw, Mallory) |
| Filing 48 PROOF OF SERVICE Executed by Plaintiff Sara DeRosa, upon Defendant Snapshot Productions, Inc. served on 7/21/2020, answer due 8/11/2020. Service of the Summons and Complaint were executed upon California Secretary of State in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Whitelaw, Mallory) |
| Filing 47 DECLARATION of Paul A. Beck In Support of Sessions Defendants' Motion to Dismiss and Motion to Strike First NOTICE OF MOTION AND MOTION to Dismiss Case Notice of Motion and Motion of Defendants Sessions Payroll Management, Inc., Gail Levine and Gregg Levine to (A) Dismiss Plaintiff's First, Second, Third, Fourth, Fifth, Seventh, Eighth, and Ten #46 filed by Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc. (Beck, Paul) |
| Filing 46 First NOTICE OF MOTION AND MOTION to Dismiss Case Notice of Motion and Motion of Defendants Sessions Payroll Management, Inc., Gail Levine and Gregg Levine to (A) Dismiss Plaintiff's First, Second, Third, Fourth, Fifth, Seventh, Eighth, and Tenth Claims for Relief; and (B) to Strike Certain Allegations in Plaintiff's Fifth Claim for Relief filed by Defendants Gail Levine, Gregg Levine, Sessions Payroll Management Inc. Motion set for hearing on 2/8/2021 at 08:30 AM before Judge John A. Kronstadt. (Beck, Paul) |
| Filing 45 Opposition to Request for Judicial Notice Opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First, Second, Third, Sixth, Seventh, Eighth, and Tenth Causes of Action; and to Strike Certain Allegations in Plaintiff's Fifth Cause of Action #33 [ECF No. 34] filed by Plaintiff Sara DeRosa. (Whitelaw, Mallory) |
| Filing 44 Opposition Opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First, Second, Third, Sixth, Seventh, Eighth, and Tenth Causes of Action; and to Strike Certain Allegations in Plaintiff's Fifth Cause of Action #33 filed by Plaintiff Sara DeRosa. (Whitelaw, Mallory) |
| Filing 43 Second STIPULATION Extending Time to Answer the complaint as to Gregg Levine answer now due 8/13/2020; Gail Levine answer now due 8/13/2020; Sessions Payroll Management Inc answer now due 8/13/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Attorneys for Defendants Gregg Levine ; Gail Levine; Sessions Payroll Management Inc.(Attorney Paul A Beck added to party Gail Levine(pty:dft), Attorney Paul A Beck added to party Gregg Levine (pty:dft), Attorney Paul A Beck added to party Sessions Payroll Management Inc(pty:dft))(Beck, Paul) |
| Filing 42 STIPULATION Extending Time to Answer the complaint as to Gail Levine answer now due 8/3/2020; Gregg Levine answer now due 8/3/2020; Sessions Payroll Management Inc answer now due 8/3/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Sara DeRosa.(Weitz, Maria) |
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Filing 41
ORDER RE STIPULATION TO AMEND THE BRIEFING SCHEDULE AND CONTINUE THE NOVEMBER 23, 2020: (1) HEARING RE DEFENDANTS VIACOMCBS INC. AND CBS STUDIOS INC.'S MOTION TO DISMISS AND MOTION TO STRIKE, AND (2) SCHEDULING CONFERENCE (Dkt. #39 ) by Judge John A. Kronstadt, the Stipulation is GRANTED. The hearing on the Motions and the Scheduling Conference (Dkt. 36) is continued from 11/23/2020, to 12/7/2020, at 8:30 a.m. The Joint Rule 16(b)/26(f) Scheduling Report shall be filed on or before 11/20/2020. (et)
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Filing 40
ORDER RE PLAINTIFF'S UNOPPOSED EX PARTE APPLICATION TO EXTEND TIME FOR SERVICE UPON DEFENDANTS FIRSTHAND PRODUCTIONS, INC., EAST END PRODUCTIONS, INC. AND SNAPSHOT PRODUCTIONS, INC.; AND AUTHORIZE SERVICE PURSUANT TO CORPORATIONS CODE 1702 (DKT. #38 ) by Judge John A. Kronstadt, the Application is GRANTED. On or before 8/13/2020, Plaintiff shall serve Defendants Firsthand Products, Inc.; East End Productions, Inc.; and Snapshot Productions, Inc. (et)
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| Filing 39 STIPULATION to Reset filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Declaration of Seth E. Pierce, #2 Proposed Order)(Pierce, Seth) |
| Filing 38 EX PARTE APPLICATION for Service by Publication Service by Secretary of State and Extension of Time for Service filed by Plaintiff Sara DeRosa. (Attachments: #1 Declaration of Mallory Whitelaw ISO Motion to Extend Time for Service and to Authorize Service by Secretary of State, #2 Proposed Order) (Whitelaw, Mallory) |
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Filing 37
ORDER RE STIPULATION FOR DISMISSAL WITHOUT PREJUDICE OF ACTION AGAINST CERTAIN DEFENDANTS AND TOLLING AGREEMENT (DKT. #30 ) by Judge John A. Kronstadt, the Stipulation is GRANTED. The Complaint is DISMISSED WITHOUT PREJUDICE as to Defendants Board of Trustees of the AFTRA Retirement Fund, Board of Trustees of the SAG-Producers Pension Plan, and Board of Trustees of the SAG-AFTRA Health Plan only. [See Order for Specifics.] (et)
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Filing 36
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. Rule 26 Meeting Report due by 11/13/2020. Scheduling Conference set for 11/23/2020 at 8:30 AM before Judge John A. Kronstadt. (cw)
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Filing 35
(IN CHAMBERS) ORDER CONTINUING DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S FIRST, SECOND, THIRD, SIXTH, SEVENTH, EIGHT, AND TENTH CAUSES OF ACTION AND TO STRIKE CERTAIN ALLEGATIONS IN PLAINTIFF'S FIFTH CAUSE OF ACTION (DKT. #33 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the Motion from November 16, 2020 to November 23, 2020 at 8:30 a.m. Counsel shall refer to the Court's Standing Order with respect to the briefing schedule for motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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| Filing 34 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First, Second, Third, Sixth, Seventh, Eighth, and Tenth Causes of Action; and to Strike Certain Allegations in Plaintiff's Fifth Cause of Action #33 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Pierce, Seth) |
| Filing 33 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First, Second, Third, Sixth, Seventh, Eighth, and Tenth Causes of Action; and to Strike Certain Allegations in Plaintiff's Fifth Cause of Action filed by Defendants CBS Television Studios, ViacomCBS, Inc.. Motion set for hearing on 11/16/2020 at 08:30 AM before Judge John A. Kronstadt. (Pierce, Seth) |
| Filing 32 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Peter D. DeChiara to Appear Pro Hac Vice on behalf of Defendants Board of Trustees of the AFTRA Retirement Fund, Board of Trustees of the SAG Producers Pension Plan, Board of Trustees of the SAG-AFTRA Health Plan ( #27 by Clerk of Court to Judge John A. Kronstadt. Document is deemed moot and stricken. (jp) |
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Filing 31
ORDER by Judge John A. Kronstadt: granting #27 , #29 Non-Resident Attorney Peter D DeChiara APPLICATION to Appear Pro Hac Vice on behalf of Defendants Board of Trustees of the AFTRA Retirement Fund, Board of Trustees of the SAG Producers Pension Plan, Board of Trustees of the SAG-AFTRA Health Plan, designating Peter S Dickinson as local counsel. (jp)
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| Filing 30 STIPULATION to Dismiss Defendants Board of Trustees of the AFTRA Retirement Fund, Board of Trustees of the SAG Producers Pension Plan, Board of Trustees of the SAG-AFTRA Health Plan filed by Plaintiff Sara DeRosa. (Attachments: #1 Declaration of Shehnaz Bhujwala ISO Stipulation for Dismissal Without Prejudice, #2 Proposed Order)(Bhujwala, Shehnaz) |
| Filing 29 Amended APPLICATION of Non-Resident Attorney Peter Dante DeChiara to Appear Pro Hac Vice on behalf of Defendants Board of Trustees of the AFTRA Retirement Fund, Board of Trustees of the SAG Producers Pension Plan, Board of Trustees of the SAG-AFTRA Health Plan (Pro Hac Vice Fee - $400.00 Previously Paid on 6/11/2020, Receipt No. 26777361) filed by Defendants Board of Trustees of the AFTRA Retirement Fund, Board of Trustees of the SAG Producers Pension Plan, Board of Trustees of the SAG-AFTRA Health Plan. (Attachments: #1 Proposed Order, #2 Proof of Service) (Dickinson, Peter) |
| Filing 28 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Peter D. DeChiara to Appear Pro Hac Vice on behalf of Defendants Board of Trustees of the AFTRA Retirement Fund, Board of Trustees of the SAG Producers Pension Plan, Board of Trustees of the SAG-AFTRA Health Plan ( #27 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. (Thrasher, Lupe) |
| Filing 27 [DOCUMENT STRICKEN PER ORDER DATED 6/18/2020, SEE DOCKET ENTRY NO. #32 ] - APPLICATION of Non-Resident Attorney Peter D. DeChiara to Appear Pro Hac Vice on behalf of Defendants Board of Trustees of the AFTRA Retirement Fund, Board of Trustees of the SAG Producers Pension Plan, Board of Trustees of the SAG-AFTRA Health Plan (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26777361) filed by Defendants Board of Trustees of the AFTRA Retirement Fund, Board of Trustees of the SAG Producers Pension Plan, Board of Trustees of the SAG-AFTRA Health Plan. (Attachments: #1 Proposed Order, #2 Proof of Service) (Dickinson, Peter). Modified on 6/18/2020 (jp). |
| Filing 26 WAIVER OF SERVICE Returned Executed filed by Plaintiff Sara DeRosa. Waiver of Service signed by Peter S. Dickinson. (Weitz, Maria) |
| Filing 25 WAIVER OF SERVICE Returned Executed filed by Plaintiff Sara DeRosa. upon Gail Levine waiver sent by Plaintiff on 5/15/2020, answer due 7/14/2020; Gregg Levine waiver sent by Plaintiff on 5/15/2020, answer due 7/14/2020; Sessions Payroll Management Inc waiver sent by Plaintiff on 5/15/2020, answer due 7/14/2020. Waiver of Service signed by Paul A. Beck. (Weitz, Maria) |
| Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Shehnaz M Bhujwala counsel for Plaintiff Sara DeRosa. Adding Shehnaz M. Bhujwala as counsel of record for Sara DeRosa for the reason indicated in the G-123 Notice. Filed by Plaintiff Sara DeRosa. (Attorney Shehnaz M Bhujwala added to party Sara DeRosa(pty:pla))(Bhujwala, Shehnaz) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Mallory Whitelaw counsel for Plaintiff Sara DeRosa. Adding Mallory Whitelaw as counsel of record for Sara DeRosa for the reason indicated in the G-123 Notice. Filed by Plaintiff Sara DeRosa. (Attorney Mallory Whitelaw added to party Sara DeRosa(pty:pla))(Whitelaw, Mallory) |
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Filing 22
ORDER RE STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT (DKT. #21 ) by Judge John A. Kronstadt, the Stipulation is GRANTED. Defendants ViacomCBS Inc., and CBS Studios, Inc. shall answer or otherwise respond to the Complaint (Dkt. 1) on or before 6/19/2020. (jp)
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| Filing 21 STIPULATION for Extension of Time to File Answer to June 19, 2020 re Complaint (Attorney Civil Case Opening) #1 filed by Defendants CBS Television Studios, ViacomCBS, Inc.. (Attachments: #1 Proposed Order)(Pierce, Seth) |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Corey Gene Singer counsel for Defendants CBS Television Studios, ViacomCBS, Inc.. Adding Corey G. Singer as counsel of record for ViacomCBS Inc. and CBS Studios Inc. for the reason indicated in the G-123 Notice. Filed by Defendant ViacomCBS Inc. and CBS Studios Inc.. (Attorney Corey Gene Singer added to party CBS Television Studios(pty:dft), Attorney Corey Gene Singer added to party ViacomCBS, Inc.(pty:dft))(Singer, Corey) |
| Filing 19 NOTICE of Interested Parties filed by Defendants Board of Trustees of the AFTRA Retirement Fund, Board of Trustees of the SAG Producers Pension Plan, Board of Trustees of the SAG-AFTRA Health Plan, identifying Chubb Insurance. (Dickinson, Peter) |
| Filing 18 Joint STIPULATION Extending Time to Answer the complaint as to Board of Trustees of the AFTRA Retirement Fund answer now due 6/19/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Board of Trustees of the AFTRA Retirement Fund. (Attachments: #1 Proof of Service)(Attorney Peter Somers Dickinson added to party Board of Trustees of the AFTRA Retirement Fund(pty:dft))(Dickinson, Peter) |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Raymond Paul Boucher counsel for Plaintiff Sara DeRosa. Jean M. Sedlak is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Sara DeRosa. (Boucher, Raymond) |
| Filing 16 Notice of Electronic Filing re Order Extending Answer Due Deadline, #15 e-mailed to Jean Sedlak bounced due to No longer with firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
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Filing 15
ORDER RE STIPULATION TO EXTEND TIME FOR THE BOARD OF TRUSTEES OF THE SAGPRODUCERS PENSION PLAN; AND THE BOARD OF TRUSTEES OF THE SAG-AFTRA HEALTH PLAN TO RESPOND TO INITIAL COMPLAINT (DKT. #14 ) by Judge John A. Kronstadt the Stipulation is GRANTED and Defendants Board of Trustees of the SAG-Producers Pension Plan and Board of Trustees of the SAG-AFTRA Health Plan shall answer or otherwise respond to Plaintiffs Complaint (Dkt. 1) on or before 6/19/2020. (jp)
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| Filing 14 Joint STIPULATION for Extension of Time to File Answer to June 19, 2020 re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Board of Trustees of the SAG Producers Pension Plan, Board of Trustees of the SAG-AFTRA Health Plan. (Attachments: #1 Proposed Order, #2 Proof of Service)(Attorney Peter Somers Dickinson added to party Board of Trustees of the SAG Producers Pension Plan(pty:dft), Attorney Peter Somers Dickinson added to party Board of Trustees of the SAG-AFTRA Health Plan(pty:dft))(Dickinson, Peter) Modified on 4/29/2020 at the request of counsel, removing Board of Trustees of AFTRA Retirement Fund as a represented party (cw). |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Sara DeRosa, upon Defendant Board of Trustees of the SAG Producers Pension Plan served on 4/14/2020, answer due 5/5/2020. Service of the Summons and Complaint were executed upon Corey "Doe" - Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Boucher, Raymond) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Sara DeRosa, upon Defendant Board of Trustees of the SAG-AFTRA Health Plan served on 4/14/2020, answer due 5/5/2020. Service of the Summons and Complaint were executed upon Corey "Doe" - Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Boucher, Raymond) |
| Filing 11 STIPULATION Extending Time to Answer the complaint as to CBS Television Studios answer now due 6/3/2020; ViacomCBS, Inc. answer now due 6/3/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants CBS Television Studios; ViacomCBS, Inc..(Attorney Seth E Pierce added to party CBS Television Studios(pty:dft), Attorney Seth E Pierce added to party ViacomCBS, Inc.(pty:dft))(Pierce, Seth) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Sara DeRosa, upon Defendant CBS Television Studios served on 4/13/2020, answer due 5/4/2020. Service of the Summons and Complaint were executed upon CSC Lawyers Incorporating Service - Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Boucher, Raymond) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Sara DeRosa, upon Defendant ViacomCBS, Inc. served on 4/13/2020, answer due 5/4/2020. Service of the Summons and Complaint were executed upon CSC Lawyers Incorporating Service - Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Boucher, Raymond) |
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Filing 8
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (cw)
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Board of Trustees of the AFTRA Retirement Fund, Board of Trustees of the SAG Producers Pension Plan, Board of Trustees of the SAG-AFTRA Health Plan, CBS Television Studios, East End Productions, Inc., Firsthand Productions, inc., Gail Levine, Gregg Levine, Sessions Payroll Management Inc, Snapshot Productions, Inc., ViacomCBS, Inc. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Gail J. Standish. (car) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Sara DeRosa. (Boucher, Raymond) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Sara DeRosa, (Boucher, Raymond) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Sara DeRosa. (Boucher, Raymond) |
| Filing 1 COMPLAINT Receipt No: ACACDC-25903941 - Fee: $400, filed by Plaintiff Sara DeRosa. (Attachments: #1 Exhibit A - Consent to Join) (Attorney Raymond Paul Boucher added to party Sara DeRosa(pty:pla))(Boucher, Raymond) |
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