Richard A. Kong et al v. Trader Joes Company et al
| Richard A. Kong, Robert A. Cruzalegui, Cashay L. Clayborn and Matthew W. Heiden |
| Trader Joe's Company, Board of Directors of Trader Joe's Company, The Investment Committee, The Board of Directors of Trader Joes Company, Does 1-30 and Trader Joes Company |
| 2:2020cv05790 |
| June 29, 2020 |
| US District Court for the Central District of California |
| Percy Anderson |
| John E McDermott |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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Filing 71
ORDER REGARDING STIPULATION FOR AN ORDER DISMISSING THIS ACTION PURSUANT TO RULE 41(a)(1)(A)(ii) by Judge Percy Anderson, re Stipulation to Dismiss Case #70 : By stipulation of the parties and good cause having been shown, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the Court hereby DISMISSES WITH PREJUDICE the individual claims of Plaintiffs Richard A. Kong, Robert A. Cruzalegui, and Cashay L. Clayborn in their entirety in the above-captioned matter, and DISMISSES WITHOUT PREJUDICE the class claims. Each party is to bear their own costs and attorneys' fees. (Made JS-6. Case Terminated.) (bm)
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| Filing 70 STIPULATION to Dismiss Case pursuant to F.R.C.P. 41 (a)(1)(A)(ii) filed by Defendants The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company. (Attachments: #1 Proposed Order)(Vergara, Catalina) |
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Filing 69
MINUTES (IN CHAMBERS) COURT ORDER by Judge Percy Anderson: Before the Court is a Motion to Proceed as a Representative Action filed by plaintiffs Robert A. Cruzalegui, Cashay L. Clayborn, and Richard A. Kong ("Plaintiffs"). (Docket No. 62.) Based on the foregoing, the Court denies Plaintiffs' Motion. Denying #62 MOTION to Proceed as a Representative Action. [See document for further details.] (es)
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Filing 68
ORDER REGARDING STIPULATION TO DISMISS PLAINTIFF MATTHEW W. HEIDEN by Judge Percy Anderson, re Stipulation to Dismiss Party #66 it is hereby ORDERED that the Stipulation to Dismiss Matthew W. Heiden (Doc. No. 66) is GRANTED. The plaintiff, Matthew W. Heiden, is DISMISSED as a plaintiff in this action. The clerk of court shall REMOVE Matthew W. Heiden as a named plaintiff in this action, and his name will be REMOVED from the caption in this matter. (es)
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Filing 67
IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the MOTION to Proceed as a Representative Action #62 is scheduled for November 7, 2022 at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds this matter appropriate for decision without oral argument. The hearing calendared for November 7, 2022, is vacated and the matter taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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| Filing 66 STIPULATION to Dismiss Plaintiff Matthew W. Heiden filed by Plaintiffs' Attorney Matthew W. Heiden, Robert A. Cruzalegui, Cashay L. Clayborn, Richard A. Kong.(Gyandoh, Mark) |
| Filing 65 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Hearing To Proceed as a Reprensentative Action #62 filed by Plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong. (Attachments: #1 Declaration of Mark K. Gyandoh, #2 Exhibit 1- GreatBanc stip)(Gyandoh, Mark) |
| Filing 64 OPPOSITION re: NOTICE OF MOTION AND MOTION for Hearing To Proceed as a Reprensentative Action #62 filed by Defendant Trader Joes Company. (Attachments: #1 Declaration of Catalina Vergara, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Order)(Vergara, Catalina) |
| Filing 63 NOTICE OF LODGING filed [Proposed] Order Granting Plaintiffs' Motion to Proceed as a Representative Action re NOTICE OF MOTION AND MOTION for Hearing To Proceed as a Reprensentative Action #62 (Gyandoh, Mark) |
| Filing 62 NOTICE OF MOTION AND MOTION for Hearing To Proceed as a Reprensentative Action filed by Plaintiffs' Counsel Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong. Motion set for hearing on 11/7/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration Declaration of Mark K. Gyandoh, #2 Exhibit 1 - 104(b) letter to Plan Administrator, #3 Exhibit 2 - Letters to IRS and Labor, #4 Exhibit 3 - Declaration of Robert Cruzalegui, #5 Exhibit 4 - Declaration of Cashay Clayborn, #6 Exhibit 5 - Declaration of Richard Kong, #7 Exhibit 6 - Excerpt of Robert Cruzalegui Deposition, #8 Exhibit 7 - Excerpt of Cashay Clayborn Decposition, #9 Exhibit 8 - Excerpt of Richard Kong Deposition) (Gyandoh, Mark) |
| Filing 61 Notice of Appearance or Withdrawal of Counsel: for attorney Evan Hindman counsel for Defendants The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company. Adding Evan Hindman as counsel of record for Trader Joes Company, The Board of Directors of Trader Joe Company, The Investment Committee for the reason indicated in the G-123 Notice. Filed by Defendant Trader Joes Company, The Board of Directors of Trader Joes Company, The Investment Committee. (Attorney Evan Hindman added to party The Board of Directors of Trader Joes Company(pty:dft), Attorney Evan Hindman added to party The Investment Committee(pty:dft), Attorney Evan Hindman added to party Trader Joes Company(pty:dft))(Hindman, Evan) |
| Filing 60 Notice of Joint Selection of Mediator filed by Defendant The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company. (Vergara, Catalina) |
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Filing 59
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. 1. Establishing a Discovery Cut-off Date of January 9, 2023 2. Setting Motion Cut-off date of January 9, 2023 3. Setting Final Pretrial Conference for February 17, 2023, at 1:30 p.m. 4. Setting Court Trial Date of March 21, 2023, at 9:00 a.m. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Filing 55
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, Scheduling Conference currently set for hearing on July 18, 2022 is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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| Filing 58 MINUTES IN CHAMBERS by Judge Percy Anderson. The scheduling conference currently on calendar for July 18, 2022 at 10:30 a.m. is hereby vacated, and the matter taken off calendar. The Court has entered a Protective Order in this action. Pursuant to the agreement of the parties, this matter has been referred to private mediation. (SEE DOCUMENT FOR ADDITIONAL DEADLINES AND DETAILS). (aco) |
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Filing 57
ORDER/REFERRAL to ADR Procedure No 3 by Judge Percy Anderson. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than January 23, 2023. (aco)
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Filing 56
PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Percy Anderson. The Court enters the following protective order: 1. In connection with discovery proceedings in this action, the parties may designate any document, thing, material, testimony or other information derived therefrom, as "Confidential" under the terms of this Protective Order (hereinafter "Order"). (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 54 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-10 court days, filed by Defendants The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company.. (Vergara, Catalina) |
| Filing 53 NOTICE of Appearance filed by attorney Noah Ickowitz on behalf of Defendants The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company (Attorney Noah Ickowitz added to party The Board of Directors of Trader Joes Company(pty:dft), Attorney Noah Ickowitz added to party The Investment Committee(pty:dft), Attorney Noah Ickowitz added to party Trader Joes Company(pty:dft))(Ickowitz, Noah) |
| Filing 52 Certification and NOTICE of Interested Parties filed by Defendant The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company, identifying T.A.C.T Holding, Inc. Chubb Limited. (Vergara, Catalina) |
| Filing 51 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] SCHEDULING CONFERENCE set for July 18, 2022, at 10:30 a.m. [FRCP 26(f)] by Judge Percy Anderson. This action has been assigned to the calendar of United States District Judge Percy Anderson. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) |
| Filing 50 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Percy Anderson. The document is accepted as filed. Counsel are ordered to file their Notice of Interested Parties forthwith. See Local Rule 7.1-1. RE: Answer to Complaint #48 (aco) |
| Filing 49 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint #48 . 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. (aco) |
| Filing 48 ANSWER to Amended Complaint/Petition #33 /Affirmative Defenses to Plaintiff's First Amended Complaint filed by Defendant The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company.(Vergara, Catalina) |
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Filing 47
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court is in receipt of the Ninth Circuit's Mandate issued on May 9, 2022. Defendants Trader Joes Company, the Board of Directors of Trader Joes Company, and the Investment Committee are directed to file an answer to the First Amended Complaint (Docket No. 33) no later than May 26, 2022. RE: Amended Complaint/Petition #33 . (aco)
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| Filing 46 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #42 , CCA # 20-56415. The judgment of this Court, entered April 15, 2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum, #45 , REVERSED AND REMANDED.](mat) |
| Filing 45 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #42 filed by Matthew W. Heiden, Robert A. Cruzalegui, Cashay L. Clayborn, Richard A. Kong. CCA # 20-56415. The decision of the District Court is REVERSED AND REMANDED. (iv) |
| Filing 44 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-56415 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #42 as to plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong. (mrgo) |
| Filing 43 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, #42 . (Germain, Daniel) |
| Filing 42 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong. Appeal of Order, #41 , Order on Motion to Dismiss,,, #38 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-29742727.) (Germain, Daniel) |
| Filing 41 AMENDED JUDGMENT by Judge Percy Anderson, re Judgment, #39 . IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this action is dismissed with prejudice. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs take nothing and that Defendants have their costs of suit. (mrgo) |
| Filing 40 NOTICE filed by Defendant The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company. / Defendant Trader Joe's Company's Rule 60(a) Notice Regarding Potential Clerical Error in November 30, 2020 Judgment (Vergara, Catalina) |
| Filing 39 JUDGMENT by Judge Percy Anderson, Related to: Order on Motion to Dismiss, #38 . IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this action is dismissed without prejudice. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiffs take nothing and that Defendants have their costs of suit. (MD JS-6, Case Terminated). (mrgo) |
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Filing 38
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #34 MOTION to Dismiss. For all of the foregoing reasons, Defendants' Motion to Dismiss is granted. Despite having been granted leave to amend once and following dismissal of a substantially similar case, Plaintiffs added only conclusory allegations that are insufficient to state a claim for breach of the fiduciary duty. In addition, Plaintiffs do not ask for leave to amend, and make no showing that they can allege additional facts should the Court grant Plaintiffs leave to amend. The Court accordingly concludes that granting Plaintiffs leave to amend would be futile. See Thibodeaux v. Teamsters Local 853, 263 F. Supp. 3d 772, 780 (N.D. Cal. June 26, 2017). The Court therefore dismisses Plaintiffs' FAC without leave to amend. The Court will enter a judgment consistent with this Order. (SEE DOCUMENT FOR DETAILS) (mrgo)
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Filing 37
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, the Motion to Dismiss First Amended Class Action Complaint #34 currently set for hearing on November 23, 2020, is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY
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| Filing 36 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Class Action Complaint ; Memorandum of Points and Authorities in Support Thereof #34 filed by Defendants The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company. (Vergara, Catalina) |
| Filing 35 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Class Action Complaint ; Memorandum of Points and Authorities in Support Thereof #34 filed by Plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong. (Germain, Daniel) |
| Filing 34 NOTICE OF MOTION AND MOTION to Dismiss First Amended Class Action Complaint ; Memorandum of Points and Authorities in Support Thereof filed by Defendant The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company. Motion set for hearing on 11/23/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Request for Judicial Notice in Support, #2 Proposed Order, #3 Declaration of Catalina Vergara in Support, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8) (Vergara, Catalina) |
| Filing 33 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by plaintiffs Richard A. Kong, Cashay L. Clayborn, Matthew W. Heiden, Robert A. Cruzalegui(Germain, Daniel) |
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Filing 32
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #28 MOTION to Dismiss Case. For all of the foregoing reasons, Defendants' Motion to Dismiss is granted. The Court cannot conclude at this point that any amendment would be futile. Therefore, the Court grants Plaintiffs leave to amend. Plaintiffs' First Amended Complaint, if any, is to be filed within 14 days of the date of this Order. The failure to file a First Amended Complaint by this date will result in the dismissal of this action. (See document for details) (mrgo)
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Filing 31
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, the MOTION to Dismiss Case #28 currently set for hearing on September 28, 2020, is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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| Filing 30 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #28 filed by Defendants The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company. (Vergara, Catalina) |
| Filing 29 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #28 filed by Plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong. (Germain, Daniel) |
| Filing 28 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company. Motion set for hearing on 9/28/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Request for Judicial Notice in Support, #2 Declaration of Catalina Vergara in Support, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Proposed Order) (Vergara, Catalina) |
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Filing 27
ORDER by Judge Percy Anderson: granting #26 Non-Resident Attorney Mark K. Gyandoh APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs Richard Kong, Robert Cruzalegui, Matthew Heiden, and Cashay Clayborn, designating Daniel L. Germain as local counsel. (mrgo)
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| Filing 26 APPLICATION of Non-Resident Attorney Mark K. Gyandoh to Appear Pro Hac Vice on behalf of Plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong (Pro Hac Vice Fee - $400.00 Previously Paid on 6/30/2020, Receipt No. ACACDC-27021875) filed by plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong. (Attachments: #1 Exhibit Certificate of Good Standing (New Jersey), #2 Exhibit Certificate of Good Standing (Pennsylvania), #3 Proposed Order) (Germain, Daniel) |
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Filing 25
ORDER by Judge Percy Anderson: granting #23 Non-Resident Attorney Donald R. Reavey APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong (, designating Daniel L Germain as local counsel. (et)
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Filing 24
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom)
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| Filing 23 APPLICATION of Non-Resident Attorney Donald R. Reavey to Appear Pro Hac Vice on behalf of Plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27153100) filed by plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order) (Germain, Daniel) |
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Filing 22
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:19-cv-10942 PA(JEMx). Case transferred from Judge R. Gary Klausner and Magistrate Judge Alexander F. MacKinnon to Judge Percy Anderson and Magistrate Judge John E. McDermott for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-05790 PA(JEMx). Signed by Judge Percy Anderson (rn)
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| Filing 21 NOTICE of Related Case(s) filed by Defendants The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company. Related Case(s): 2:19-cv-10942-PA-JEM (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Vergara, Catalina) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT filed by Defendants The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company identifying T.A.C.T. Holding, Inc. as Corporate Parent. (Vergara, Catalina) |
| Filing 19 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company, identifying T.A.C.T. Holding, Inc., Corporate parent of Trader Joes Company, and Chubb Limited, Insurance carrier. (Vergara, Catalina) |
| Filing 18 NOTICE of Appearance filed by attorney Raymond Collins Kilgore on behalf of Defendants The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company (Attorney Raymond Collins Kilgore added to party The Board of Directors of Trader Joes Company(pty:dft), Attorney Raymond Collins Kilgore added to party The Investment Committee(pty:dft), Attorney Raymond Collins Kilgore added to party Trader Joes Company(pty:dft))(Kilgore, Raymond) |
| Filing 17 NOTICE of Appearance filed by attorney Catalina J Vergara on behalf of Defendants The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company (Attorney Catalina J Vergara added to party The Board of Directors of Trader Joes Company(pty:dft), Attorney Catalina J Vergara added to party The Investment Committee(pty:dft), Attorney Catalina J Vergara added to party Trader Joes Company(pty:dft))(Vergara, Catalina) |
| Filing 16 NOTICE of Appearance filed by attorney Dawn Sestito on behalf of Defendants The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company (Attorney Dawn Sestito added to party The Board of Directors of Trader Joes Company(pty:dft), Attorney Dawn Sestito added to party The Investment Committee(pty:dft), Attorney Dawn Sestito added to party Trader Joes Company(pty:dft))(Sestito, Dawn) |
| Filing 15 WAIVER OF SERVICE Returned Executed filed by plaintiffs Richard A. Kong, Cashay L. Clayborn, Matthew W. Heiden, Robert A. Cruzalegui. upon The Investment Committee waiver sent by Plaintiff on 7/2/2020, answer due 8/31/2020. Waiver of Service signed by Catalina Vergara, O'Melveny & Myers LLP, counsel for defendants. (Germain, Daniel) |
| Filing 14 WAIVER OF SERVICE Returned Executed filed by plaintiffs Richard A. Kong, Cashay L. Clayborn, Matthew W. Heiden, Robert A. Cruzalegui. upon The Board of Directors of Trader Joes Company waiver sent by Plaintiff on 7/2/2020, answer due 8/31/2020. Waiver of Service signed by Catalina Vergara, O'Melveny & Myers LLP, counsel for defendants. (Germain, Daniel) |
| Filing 13 WAIVER OF SERVICE Returned Executed filed by plaintiffs Richard A. Kong, Cashay L. Clayborn, Matthew W. Heiden, Robert A. Cruzalegui. upon Trader Joes Company waiver sent by Plaintiff on 7/2/2020, answer due 8/31/2020. Waiver of Service signed by Catalina Vergara, O'Melveny & Myers LLP, counsel for defendants. (Germain, Daniel) |
| Filing 12 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Mark K. Gyandoh to Appear Pro Hac Vice on behalf of Plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27021875) #10 by Clerk of Court to Judge R. Gary Klausner. The document is stricken based on the deficiencies noted at docket entry #11 . (jp) |
| Filing 11 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Mark K. Gyandoh to Appear Pro Hac Vice on behalf of Plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27021875) #10 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. A declaration is required regarding unavailability to provide GSC due to COVID-19. See Court's website on Coronavirus (COVID-19) Guidance. (Thrasher, Lupe) |
| Filing 10 [DOCUMENT STRICKEN PER ORDER DATED ON 7/2/2020, SEE DOCKET ENTRY NO. #11 ] - APPLICATION of Non-Resident Attorney Mark K. Gyandoh to Appear Pro Hac Vice on behalf of Plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27021875) filed by plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order) (Germain, Daniel). Modified on 7/2/2020 (jp). |
| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Mark K. Gyandoh. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Donal R. Reavey. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants The Board of Directors of Trader Joes Company, The Investment Committee, Trader Joes Company. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Alexander F. MacKinnon. (lh) |
| Filing 4 NOTICE of Interested Parties filed by plainitffs All Plaintiffs, (Germain, Daniel) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong. (Germain, Daniel) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Cashay L. Clayborn, Robert A. Cruzalegui, Matthew W. Heiden, Richard A. Kong. (Germain, Daniel) |
| Filing 1 COMPLAINT Receipt No: ACACDC-26996897 - Fee: $400, filed by plaintiffs Richard A. Kong, Cashay L. Clayborn, Matthew W. Heiden, Robert A. Cruzalegui. (Attorney Daniel L Germain added to party Cashay L. Clayborn(pty:pla), Attorney Daniel L Germain added to party Robert A. Cruzalegui(pty:pla), Attorney Daniel L Germain added to party Matthew W. Heiden(pty:pla), Attorney Daniel L Germain added to party Richard A. Kong(pty:pla))(Germain, Daniel) |
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