Lauren Millstein v. County of Los Angeles et al
| Lauren Millstein |
| North County Correctional Facility, County of Los Angeles, Does 1-100 and Does 1-10 |
| Edwin V Woodsome |
| 2:2021cv02623 |
| March 25, 2021 |
| US District Court for the Central District of California |
| Maame Ewusi-Mensah Frimpong |
| Fernando M Olguin |
| Gail J Standish |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 65
ORDER GRANTING IN PART MOTION FOR FLSA PRELIMINARY CERTIFICATION #58 by Judge Maame Ewusi-Mensah Frimpong. For the foregoing reasons, the Court hereby ORDERS as follows: The Motion is GRANTED as to preliminarily certifying the first class. The Motion is DENIED with respect to the proposed second and third classes. The Motion is GRANTED with respect to equitably tolling the statute of limitations for optin plaintiffs in part, starting from December 12, 2022, and DENIED with respect to permitting the notice to state or imply that the statute of limitations starts on March 25, 2018. The Notice should be modified to reflect that the class is limited to individuals that worked at the North County Correctional Facility who worked over 40 hours in a workweek for the County of Los Angeles three years before the date that the Notice is sent plus the tolling period. The parties are ordered to submit a new proposed notice of action form conforming to this order within seven (7) days of this order; and The parties are ordered to meet and confer regarding a new proposed scheduling order for this case and submit a new proposed schedule within twenty-one (21) days of this order. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 64 MOTION HEARING (Held and Completed) held before Judge Maame Ewusi-Mensah Frimpong. Case called. Court and counsel confer re: Plaintiff's Motion to Certify Class FLSA Preliminary Certification #47 and the Renewed Motion to Certify Class FLSA Preliminary Certification filed by Plaintiff Lauren Millstein #58 . The Court takes the matter under submission. A separate Court order shall issue. Court Reporter: April Lassiter-Benson. (yl) |
| Filing 63 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court re-sets the time of the motion hearing to 2:00 pm re: the First Motion to Certify Class FLSA Preliminary Certification #47 and the Renewed Motion to Certify Class FLSA Preliminary Certification #58 for hearing on 06/01/2023. Counsel shall take notice of this new time. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 62 OBJECTION to Declaration of Eric Metten re: Renewed NOTICE OF MOTION AND MOTION to Certify Class FLSA Preliminary Certification #58 filed by Plaintiff Lauren Millstein. (Attachments: #1 Proposed Order)(Selik, Evan) |
| Filing 61 OBJECTION to Declaration of Cynthia Lombardo re: Renewed NOTICE OF MOTION AND MOTION to Certify Class FLSA Preliminary Certification #58 filed by Plaintiff Lauren Millstein. (Attachments: #1 Proposed Order)(Selik, Evan) |
| Filing 60 REPLY Reply in Support of Motion Renewed NOTICE OF MOTION AND MOTION to Certify Class FLSA Preliminary Certification #58 filed by Plaintiff Lauren Millstein. (Selik, Evan) |
| Filing 59 OPPOSITION opposition re: Renewed NOTICE OF MOTION AND MOTION to Certify Class FLSA Preliminary Certification #58 filed by Defendant County of Los Angeles. (Attachments: #1 Appendix APPENDIX OF EVIDENCE IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS RENEWED MOTION FOR FLSA PRELIMINARY CERTIFICATION [DKT. 58], #2 Exhibit EXHIBITS 1-38 TO APPENDIX, #3 Exhibit EXHIBITS 39-53 TO APPENDIX)(Arce, Elizabeth) |
| Filing 58 Renewed NOTICE OF MOTION AND MOTION to Certify Class FLSA Preliminary Certification filed by Plaintiff Lauren Millstein. Motion set for hearing on 6/1/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Declaration Declaration of Evan Selik in Support of Plaintiff's Motion for FLSA Preliminary Certification, #2 Declaration Declaration of Plaintiff Lauren Millstein in Support of Plaintiff's Motion for FLSA Preliminary Certification, #3 Declaration Declaration of Former Custody Assistant Joseph Wilson Bello, #4 Declaration Declaration of Custody Assistant Jonathan Wogu, #5 Proposed Order Proposed Order Granting Plaintiff's Motion for FLSA Preliminary Certification) (Selik, Evan) |
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Filing 57
ORDER AS TO JOINT STIPULATION REGARDING PLAINTIFF'S MOTION FOR FLSA PRELIMINARY CERTIFICATION [ECF NOS. 54, 56] by Judge Maame Ewusi-Mensah Frimpong. The Court having considered the parties joint report and stipulation regarding Plaintiff's motion for FLSA preliminary certification, and finding good cause therefor, hereby GRANTS the Stipulation IN PART and ORDERS as follows: The briefing schedule for Plaintiffs (renewed) motion for preliminary certification shall be as follows: The motion filing deadline is April 20, 2023. The opposition filing deadline is May 4, 2023. The Reply filing deadline is May 18, 2023. The hearing date is June 1, 2023, at 10:00 a.m. The Court has additionally considered the parties request to vacate the specific deadlines and dates set forth in the September 14, 2022 Civil Trial Order (ECF No. #45 ). However, because the parties' proposed dates do not allot for sufficient time between hearing on Plaintiff's Motion for Preliminary FLSA Certification and for the Court to issue a final order, the request is DENIED. The parties may file a renewed request to amend the Civil Trial Order no later than fourteen (14) days after the Court issues a final Order on the Motion for Preliminary FLSA Certification. IT IS SO ORDERED. (yl)
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| Filing 56 STIPULATION for Order Joint Report and Stipulation Regarding Plaintiff's Motion for FLSA Preliminary Certification filed by Defendant County of Los Angeles. (Attachments: #1 Proposed Order Proposed Order as to Joint Stipulation Regarding Plaintiff's Motion for FLSA Preliminary Certificaiton)(Abrena, Jolina) |
| Filing 55 NOTICE OF ERRATA filed by Defendant County of Los Angeles. correcting Stipulation for Extension of Time to File #54 (Abrena, Jolina) |
| Filing 54 STIPULATION for Extension of Time to File Hearings and Pre-Trial Documents filed by Defendant County of Los Angeles. (Attachments: #1 Proposed Order Proposed Order to Joint Report and Stipulation)(Abrena, Jolina) |
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Filing 53
(IN CHAMBERS) Minute Order Vacating Motion for Preliminary FLSA Class Certification Hearing and Setting Scheduling Conference by Judge Maame Ewusi-Mensah Frimpong. According to Defendants, Plaintiff "did not attempt to contact defense counsel before filing" the instant Motion. Opposition to Motion for Preliminary FLSA Class Certification, ECF No. 50 at 29; Declaration of Elizabeth T. Arce, ECF No. 50-2 at 41. Plaintiff's counsel, on the other hand, acknowledges that he failed to comply with Rule 7-3 but that Plaintiff's counsel "had been in communication quite often with Defense counsel on this matter and presumed it had been done." Reply, ECF No. 52 at 7. In light of these representations, the Court hereby ORDERS the parties to meet and confer in person, make a good faith effort to resolve or narrow the issues in the motion, and file a joint status report on their ability to resolve or narrow the issues presented no later than ten (10) days from the date of this Order. In the event that the parties are able to resolve or narrow any of issues presented, the report must also include a potential briefing schedule for an amended motion for class certification. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 52 REPLY in support of Motion First NOTICE OF MOTION AND MOTION to Certify Class FLSA Preliminary Certification #47 filed by Plaintiff Lauren Millstein. (Attachments: #1 Objections to evidence, #2 Objections to evidence, #3 Proposed Order, #4 Proposed Order)(Selik, Evan) |
| Filing 51 Notice filed by Defendant County of Los Angeles. of Errata re Defendant's Appendix of Evidence in Support of Defendant's Opposition to Motion for FLSA Preliminary Certification (Arce, Elizabeth) |
| Filing 50 OPPOSITION to First NOTICE OF MOTION AND MOTION to Certify Class FLSA Preliminary Certification #47 filed by Defendant County of Los Angeles. (Attachments: #1 Appendix of Evidence in Support of Opposition to Plaintiff's Motion for FLSA Preliminary Certification, #2 Declaration of Metten, Bohner, Lombardo, Pineda, Landers, Leon, Molano and Arce, #3 Exhibit 1-38, #4 Exhibit 39-53)(Arce, Elizabeth) |
| Filing 49 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. On the Court's own motion, the Motion to Certify Class FLSA Preliminary Certification #47 is continued to 03/16/2023 at 10:00 AM. Counsel shall take notice of this new date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 48 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: First NOTICE OF MOTION AND MOTION to Certify Class FLSA Preliminary Certification #47 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. 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. (yl) |
| Filing 47 First NOTICE OF MOTION AND MOTION to Certify Class FLSA Preliminary Certification filed by Plaintiff Lauren Millstein. Motion set for hearing on 1/19/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Proposed Order) (Selik, Evan) |
| Filing 46 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Edwin V Woodsome has been assigned to serve as Panel Mediator. (lst) |
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Filing 45
CIVIL TRIAL ORDER by Judge Maame Ewusi-Mensah Frimpong. The Scheduling Order governing this action is set forth in the Schedule of Pretrial and Trial Dates chart. The final pretrial conference is set for February 14, 2024 at 9:00 a.m. The Jury trial is set for March 4, 2024 at 8:30 a.m.. The discovery cut-off is 10/13/2023. The last date to hear motions is 11/16/2023. The Settlement papers are due by 12/15/2023 (See document for further details) (yl)
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| Filing 44 Joint STIPULATION for Order to Submit Schedule of Pretrial and Trial Dates Worksheet filed by Defendant County of Los Angeles.(Ivanov, Daniel) |
| Filing 43 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel S Ivanov counsel for Defendant County of Los Angeles. Adding Daniel S. Ivanov as counsel of record for County of Los Angeles for the reason indicated in the G-123 Notice. Filed by Defendant Defendant. (Ivanov, Daniel) |
| Filing 42 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel S Ivanov counsel for Defendant County of Los Angeles. Kaylee E. Feick 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 Defendant. (Attorney Daniel S Ivanov added to party County of Los Angeles(pty:dft))(Ivanov, Daniel) |
| Filing 41 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court ORDERS the parties to submit a current copy of the Schedule of Pretrial and Trial Dates Worksheet attached to the Court's Order Setting Scheduling Conference no later than fifteen (15) days after this ORDER. The Order Setting Scheduling Conference is available on Judge Frimpong's website. The Court will schedule Final Pretrial Conferences and Trials no earlier than August 2022. The parties are required to meet and confer regarding their availability prior to submitting this Joint worksheet. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
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Filing 40
ORDER GRANTING DEFENDANT COUNTY OF LOS ANGELES' MOTION TO STRIKE [ECF NOS. #27 , #28 , #29 ] by Judge Maame Ewusi-Mensah Frimpong. For the foregoing reasons, the Court GRANTS the Countys Motion to Strike in full. Paragraphs 1 and 17 of the FAC are stricken in part. Paragraphs 18 through 23 and paragraphs 1, 3, and 4 of the Prayer for Relief are stricken in full. IT IS SO ORDERED. (See document for further details)(yl)
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| Filing 39 STATUS REPORT Joint Status Report in Response to Court's Order Dated March 14, 2022 (Docket No. 36) filed by Defendant County of Los Angeles. (Abrena, Jolina) |
| Filing 38 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court finds the Motion to Strike Portions of Pltf's First Amended Class Action Complaint #27 appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the motion hearing set for May 12, 2022, is removed from the calendar and the motion is taken under submission. No appearances are necessary on May 12, 2022. IT IS O ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 37 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong: The Court, on its own motion, continues the Motion to Strike #27 to MAY 12, 2022, at 10:00 a.m. The hearing will be IN PERSON unless the parties properly e-file their Request and the Court grants leave to appear via teleconference. Any request for remote appearance must be made by the Monday before the hearing. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
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Filing 36
ORDER SETTING HEARING ON DEFENDANTS MOTION TO STRIKE AND ADJUSTING DEADLINES [ECF NOS. #27 , #28 , #29 by Judge Maame Ewusi-Mensah Frimpong. Defendant's Motion is set for a hearing on May 5, 2022, at 10:00 a.m. in Courtroom 8B of the First Street Courthouse, 350 West First Street, Los Angeles, CA 90012. 2. The fact discovery cut-off deadline is EXTENDED to May 25, 2022.1 The parties are requested to meet and confer and propose new dates after the May 5, 2022 hearing. (See document for further details) (yl)
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| Filing 35 STATUS REPORT Joint Status Report filed by Defendant County of Los Angeles. (Abrena, Jolina) |
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Filing 34
REASSIGNMENT ORDER by Judge Maame Ewusi-Mensah Frimpong. Please refer to the Order for complete details. IT IS SO ORDERED. (kd)
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Filing 33
ORDER OF THE CHIEF JUDGE (#22-018) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Maame Ewusi-Mensah Frimpong, this case is transferred from Judge Fernando M. Olguin to the calendar of Judge Maame Ewusi-Mensah Frimpong for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-02623 MEMF(GJSx). (rn)
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Filing 32
ORDER #31 by Judge Fernando M. Olguin. *See Order for dates and deadlines.* (iv)
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| Filing 31 Joint STIPULATION to Reschedule CASE MANAGEMENT ORDER RE: MOTION FOR CLASS CERTIFICATION, ET. filed by PLAINTIFF Lauren Millstein. (Attachments: #1 Proposed Order)(Selik, Evan) |
| Filing 30 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Strike #27 is taken off the 9/23/2021 calendar and placed under submission. No appearances are required on 9/23/2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
| Filing 29 REPLY In Support of NOTICE OF MOTION AND MOTION to Strike Portions of Plaintiff's First Amended Class Action Complaint Amended Complaint/Petition #24 #27 filed by Defendants County of Los Angeles, North County Correctional Facility. (Feick, Kaylee) |
| Filing 28 OPPOSITION re: NOTICE OF MOTION AND MOTION to Strike Portions of Plaintiff's First Amended Class Action Complaint Amended Complaint/Petition #24 #27 filed by Plaintiff Lauren Millstein. (Selik, Evan) |
| Filing 27 NOTICE OF MOTION AND MOTION to Strike Portions of Plaintiff's First Amended Class Action Complaint Amended Complaint/Petition #24 filed by Defendants County of Los Angeles, North County Correctional Facility. Motion set for hearing on 9/23/2021 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Feick, Kaylee) |
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Filing 26
MINUTE ORDER (In Chambers) Order Re: First Amended Complaint by Judge Fernando M. Olguin. Based on the foregoing, IT IS ORDERED THAT Doe Defendants 11 through 100 are hereby dismissed. (lom)
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| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #24 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. 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. (iv) |
| Filing 24 FIRST AMENDED COMPLAINT against DEFENDANTS All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by PLAINTIFF Lauren Millstein(Selik, Evan) |
| Filing 23 DISCLOSURE of INITIAL filed by Plaintiff Lauren Millstein (Selik, Evan) |
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Filing 22
ORDER RE: CLASS CERTIFICATION MOTION by Judge Fernando M. Olguin. (gga)
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Filing 21
ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (gga)
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Filing 20
SCHEDULING AND CASE MANAGEMENT ORDER RE: CLASS ACTION & REPRESENTATIVE ACTIONS by Judge Fernando M. Olguin. PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. The court deems a Scheduling Conference unnecessary and hereby vacates the hearing. *See Order for dates and deadlines.* (iv)
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| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Rule 26 Report #18 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Other Filings - Pretrial and Trial Documents - Joint Report Rule 26(f) Discovery Plan. 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. (iv) |
| Filing 18 JOINT RULE 26(F) REPORT filed by Defendant County of Los Angeles. (Abrena, Jolina) |
| Filing 17 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. The Order to Show Cause #12 is hereby discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
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Filing 16
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 7/8/2021 at 10:00 AM. See order for complete details. (jre)
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| Filing 15 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendants County of Los Angeles, North County Correctional Facility.(Attorney Kaylee Elizabeth Feick added to party County of Los Angeles(pty:dft), Attorney Kaylee Elizabeth Feick added to party North County Correctional Facility(pty:dft))(Feick, Kaylee) |
| Filing 14 NOTICE OF DEFICIENCY Re: APPLICATION for Entry of Default against DEFENDANT County of Los Angeles #13 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. No Statute cited (FRCP or CCCP) on the proof of service of summons and complaint filed on 4/15/21. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (iv) |
| Filing 13 APPLICATION for Entry of Default against DEFENDANT County of Los Angeles filed by PLAINTIFF Lauren Millstein. (Attachments: #1 Declaration) (Selik, Evan) |
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Filing 12
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION by Judge Fernando M. Olguin.The court, on its own motion, orders plaintiff(s) to show cause in writing on or before May 24, 2021, why this action should not be dismissed for lack of prosecution. (iv)
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| Filing 11 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Lauren Millstein, upon Defendant County of Los Angeles served on 4/9/2021, answer due 4/30/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Selik, Evan) |
| Filing 10 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant North County Correctional Facility. (ghap) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant County of Los Angeles. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Gail J. Standish. (ghap) |
| Filing 5 CIVIL COVER SHEET filed by Plaintiff Lauren Millstein. (Selik, Evan) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff Lauren Millstein, (Selik, Evan) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Lauren Millstein. (Selik, Evan) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Lauren Millstein. (Selik, Evan) |
| Filing 1 COMPLAINT Receipt No: ACACDC-30987582 - Fee: $402, filed by Plaintiff Lauren Millstein. (Attorney Evan M Selik added to party Lauren Millstein(pty:pla))(Selik, Evan) |
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