Larry Barragan et al v. Kinder Morgan, Inc. et al
| LARRY BARRAGAN and FRANK CALANDRINO |
| KINDER MORGAN TERMINALS, INC., Kinder Morgan, Inc. and Does 1 through 10, inclusive |
| 2:2021cv02955 |
| April 5, 2021 |
| US District Court for the Central District of California |
| Percy Anderson |
| Michael R Wilner |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal - Employment Discrimination |
| Plaintiff |
Docket Report
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| Filing 43 Notice of Electronic Filing re Declaration #42 e-mailed to Cameron Davila 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 |
| Filing 42 DECLARATION of Jeffrey D. Johnson Regarding the Distribution of Settlement Funds filed by Plaintiffs Larry Barragan, Frank Calandrino. (Young, Joshua) |
| Filing 41 JUDGMENT by Judge Percy Anderson. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 1. All terms herein shall have the same meaning as the terms defined in the Settlement Agreement, unless otherwise specifically provided herein; 2. The Court enters Judgment consistent with the January 21, 2022 and May 15, 2022 Minute Orders and the Settlement Agreement; 3. The parties and the Settlement Administrator are hereby ordered to comply with the terms of the Settlement Agreement; 4. Named Plaintiffs and every member of the Class shall be deemed to have fully, finally, and forever released, relinquished, discharged, and dismissed all Released Claims against the Released Parties, 5. This action is dismissed with prejudice, with each party to bear his, her, or its own costs, except as set forth in the Settlement Agreement and the Court's May 15, 2022 Minute Order; and 6. This Court retains jurisdiction over the implementation of the Settlement Agreement and the distribution of funds pursuant to the Settlement Agreement. Related to: Order on Motion for Order, Order on Motion for Attorney Fees, #40 (MD JS-6, Case Terminated). (aco) |
| Filing 40 MINUTES (IN CHAMBERS) MOTIONS FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND ATTORNEYS' FEES by Judge Percy Anderson. For the reasons discussed above, the Court grants Plaintiffs' Motions for Final Approval and Motion for Attorneys' Fees and Costs. The Court grants final approval of the Settlement Agreement. The Court authorizes service payments to Larry Barragan and Frank Calandrino of 5,000 each. The Court awards attorneys' fees of 96,250 and litigation costs of 6,243.10 to Plaintiffs' counsel, and payment of 5,000 to CAC Services Group, LLC, as the settlement administrator. The Court orders Defendants to provide the entirety of the Settlement Fund to the settlement administrator for disbursement in accordance with the terms of the Settlement Agreement. The Court approves Loyola Law School Worker's Rights Clinic as the cy pres recipient. The Court will enter a judgment consistent with this order; granting #36 MOTION for Order for Granting Final Approval of Class Action Settlement; granting #37 MOTION for Attorney Fees and Reimbursement of Costs. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) Modified on 5/16/2022 (aco). |
Filing 39
IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the MOTION for Order for Granting Final Approval of Class Action Settlement #36 and MOTION for Attorney Fees and Reimbursement of Costs #37 is scheduled for May 9, 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 May 9, 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 38 DECLARATION of Jeffrey D. Johnson in support of NOTICE OF MOTION AND MOTION for Order for Granting Final Approval of Class Action Settlement #36 filed by Plaintiffs Larry Barragan, Frank Calandrino. (Attachments: #1 Exhibit 1)(Young, Joshua) |
| Filing 37 NOTICE OF MOTION AND MOTION for Attorney Fees and Reimbursement of Costs filed by Plaintiffs Larry Barragan, Frank Calandrino. Motion set for hearing on 5/9/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Joshua F. Young, #3 Declaration of Randy Renick) (Young, Joshua) |
| Filing 36 NOTICE OF MOTION AND MOTION for Order for Granting Final Approval of Class Action Settlement filed by Plaintiffs Larry Barragan, Frank Calandrino. Motion set for hearing on 5/9/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Joshua F. Young, #3 Declaration of Larry Barragan, #4 Declaration of Frank Calandrino, #5 Proposed Order Granting Motion for Final Approval and Motion for Reimbursement of Attorneys' Fees and Costs, #6 Proposed Order Proposed Judgment and Dismissal) (Young, Joshua) |
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Filing 35
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson: granting #28 MOTION for Settlement. For the reasons discussed above, Plaintiffs' Motion for Preliminary Approval is granted. The proposed class is provisionally certified for purposes of settlement only; the proposed notice and plan of dissemination to the settlement class is approved; the appointment of Larry Barragan and Frank Calandrino as class representatives is approved; the appointment of Gilbert & Sackman, a Law Corporation and Hadsell Stormer Renick & Dai LLP, as class counsel is approved; and CAC Services Group, LLC is approved to act as administrator for settlement purposes. All previously scheduled pretrial and trial dates are vacated. The fairness hearing for final approval of the proposed Settlement Agreement is set for May 9, 2022, at 1:30 p.m. A motion for final approval of the Settlement Agreement, as well as any motion for attorneys' fees and costs, shall be filed on or before April 5, 2022. (SEE MINUTE ORDER FOR FURTHER DETAILS) (mrgo)
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| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #31 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): The court caption on this document is incorrect. Document has Superior Court caption.. 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. (mrgo) |
| Filing 33 CERTIFICATE OF SERVICE filed by defendants Kinder Morgan Terminals, Inc., Kinder Morgan, Inc., re NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #28 served on 1-21-2022. (Davila, Cameron) |
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Filing 32
IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the MOTION for Settlement Approval #28 is scheduled for January 24, 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 January 24, 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 31 FIRST AMENDED COMPLAINT against Defendants Kinder Morgan Terminals, Inc., Kinder Morgan, Inc. amending Complaint - (Discovery),, filed by Plaintiffs Larry Barragan, Frank Calandrino(Young, Joshua) |
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Filing 30
ORDER GRANTING REQUEST TO PERMIT FILING OF FIRST AMENDED COMPLAINT by Judge Percy Anderson, re Stipulation for Leave #29 : The Court has reviewed and considered the Parties' Stipulation and Request to Permit Filing of First Amended Complaint. The Court hereby GRANTS the request. Plaintiffs shall file the First Amended Complaint within one week of an Order approving this stipulation; and Defendants' Answer to the Complaint (Dkt. No. 01-5) shall be deemed Defendants' Answer to the First Amended Complaint. (bm)
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| Filing 29 STIPULATION for Leave to File First Amended Complaint filed by Plaintiffs Larry Barragan, Frank Calandrino. (Attachments: #1 Proposed Order, #2 Exhibit 1 (Proposed First Amended Complaint))(Young, Joshua) |
| Filing 28 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiffs Larry Barragan, Frank Calandrino. Motion set for hearing on 1/24/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum, #2 Declaration of Joshua F. Young, #3 Exhibit 1 (Young Declaration), #4 Declaration of Randy Renick, #5 Proposed Order) (Young, Joshua) |
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Filing 27
ORDER GRANTING REQUEST TO CONTINUE PRELIMINARY APPROVAL MOTION DEADLINE by Judge Percy Anderson, re Stipulation to Continue, #26 . Plaintiffs shall file their motion for preliminary approval of the class action settlement agreement by no later than December 17, 2021. (mrgo)
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| Filing 26 STIPULATION to Continue Deadline for Plaintiffs to File Motion for Preliminary Approval of Class Action Settlement from 12/10/2021 to 12/17/2021 filed by Plaintiffs Larry Barragan, Frank Calandrino. (Attachments: #1 Proposed Order Proposed Order)(Young, Joshua) |
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Filing 25
ORDER GRANTING REQUEST TO EXTEND THE DEADLINE FOR PLAINTIFFS TO FILE MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #24 by Judge Percy Anderson. The Court hereby GRANTS the request that the Court extend the deadline for Plaintiffs to file their motion for preliminary approval of the class action settlement agreement, from October 12, 2021, to December 10, 2021. (lom)
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| Filing 24 STIPULATION to Continue THE DEADLINE FOR PLAINTIFFS TO FILE MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT from October 12, 2021 to December 10, 2021 filed by Plaintiffs Larry Barragan, Frank Calandrino. (Attachments: #1 Proposed Order GRANTING REQUEST TO EXTEND THE DEADLINE FOR PLAINTIFFS TO FILE MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT)(Renick, Randall) |
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Filing 23
ORDER GRANTING REQUEST TO VACATE CLASS CERTIFICATION BRIEFING SCHEDULE #22 by Judge Percy Anderson. The Court hereby GRANTS the request to vacate the class certification briefing schedule as Plaintiffs will file their motion for preliminary approval of the class action settlement agreement following execution of a written settlement agreement, by no later than October 12, 2021. (iv)
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| Filing 22 STIPULATION to Vacate Class Certification Briefing Schedule filed by Plaintiffs Larry Barragan, Frank Calandrino. (Attachments: #1 Proposed Order)(Young, Joshua) |
| Filing 21 STATEMENT JOINT STATEMENT RE: SETTLEMENT AGREEMENT filed by Plaintiffs Larry Barragan, Frank Calandrino re: Minutes of In Chambers Order/Directive - no proceeding held, #20 . (Renick, Randall) |
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Filing 20
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson re: Notice of Settlement #19 . The Court has been advised by counsel that this matter has settled. The parties have ten (10) days from the date of this order or until the next scheduled court appearance, whichever is shorter, to file with the court a dismissal of the action or to appear, in-person or telephonically with their clients, to place the settlement on the record. (mrgo)
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| Filing 19 NOTICE of Settlement filed by Plaintiffs Larry Barragan, Frank Calandrino. (Renick, Randall) |
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Filing 18
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. (lom)
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Filing 17
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The Court has received the parties' joint 26(f) report and finds that a scheduling conference is not necessary. Dates set by the Court in this action are listed in the "Schedule of Trial and Pretrial Dates" attached to this order. In addition, plaintiffs' motion for class certification, if any, shall be filed no later than September 8, 2021. The dates set by the Court are firm dates. Absent extraordinary circumstances, which must satisfy the requirements of Federal Rule of Civil Procedure 16(b) and be brought to the Court's attention in a timely manner, the Court will not modify these dates. The scheduling conference currently on calendar for June 14, 2021 at 10:30 a.m. is hereby vacated, and the matter taken off calendar. (See document for details) (mrgo)
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Filing 16
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 31, 2022. (mrgo)
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| Filing 15 CONSENT TO PROCEED before United States Magistrate Judge by all parties pursuant to GO 18-11 is denied by District Judge Percy Anderson. This case shall remain assigned to the District Judge. (rn) |
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Filing 14
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, Scheduling Conference currently set for hearing on June 14, 2021 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 13 CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Plaintiffs Larry Barragan, Frank Calandrino. (Young, Joshua) |
| Filing 12 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiffs Larry Barragan, Frank Calandrino.. (Young, Joshua) |
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Filing 11
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 6/14/2021 at 10:30 AM before Judge Percy Anderson.) (mrgo)
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Filing 10
MINUTE ORDER IN CHAMBERS re Order to Show Cause by Judge Percy Anderson. On April 16, 2021, Defendants filed a Response to the Court's Order to Show Cause. Defendants provided additional information demonstrating that the amount in controversy needed to support diversity jurisdiction in this case is met. Accordingly, the Court hereby discharges its Order to Show Cause. (mrgo)
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| Filing 9 RESPONSE filed by Defendants Kinder Morgan Terminals, Inc., Kinder Morgan, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #8 In Chambers - Order (Attachments: #1 Request for Judicial Notice in Support of Defendants' Response to Court's Order to Show Cause Why this Case Should not be Remanded, #2 Declaration (Supplemental) of Jeff Collins in Support of Defendants' Response to Court's Order to Show Cause Why This Case Should not be Remanded)(Simpler, Phillip) |
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Filing 8
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The Court therefore orders the Defendants to show cause in writing why this action should not be remanded to the Los Angeles Superior Court for lack of subject matter jurisdiction because Defendants have failed to show by a preponderance of the evidence that the amount in controversy has been met. Defendants' Response to this order to show cause shall be filed by no later than April 16, 2021. The failure to timely or adequately respond to this order to show cause may result in the remand of this action without further warning. (See document for details) (mrgo)
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Filing 7
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for details) (mrgo)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Michael R. Wilner. (car) |
| NON-CONFORMED COPY OF ANSWER to Complaint - (Discovery), by Defendants Kinder Morgan Terminals, Inc., Kinder Morgan, Inc. Submitted with Attachment 2 Exhibit 2 to Notice of Removal #1 .(car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 10, inclusive, Kinder Morgan Terminals, Inc., Kinder Morgan, Inc. Jury Demanded, filed by Plaintiffs Larry Barragan, Frank Calandrino. Filed in State Court on 2/22/2021 Submitted with Attachment 4 Exhibit 1 to Notice of Removal #1 (car) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendants KINDER MORGAN TERMINALS, INC., Kinder Morgan, Inc. identifying Kinder Morgan Bulk Terminals, LLC as Corporate Parent. (Simpler, Phillip) |
| Filing 3 CIVIL COVER SHEET filed by Defendants KINDER MORGAN TERMINALS, INC., Kinder Morgan, Inc.. (Simpler, Phillip) |
| Filing 2 NOTICE of Interested Parties filed by Defendant KINDER MORGAN TERMINALS, INC., Kinder Morgan, Inc., identifying Gilbert & Sackman, A Law Corporation; Hadsell Stormer Renick & Dai, LLP. (Simpler, Phillip) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 21STCV06844 Receipt No: ACACDC-31049968 - Fee: $402, filed by Defendant KINDER MORGAN TERMINALS, INC., Kinder Morgan, Inc.. (Attachments: #1 Declaration of Lopez, #2 Declaration of Mendoza, #3 Declaration of Simpler, #4 Exhibit State Court Complaint, #5 Exhibit State Court Answer) (Attorney Phillip G Simpler added to party KINDER MORGAN TERMINALS, INC.(pty:dft), Attorney Phillip G Simpler added to party Kinder Morgan, Inc.(pty:dft))(Simpler, Phillip) |
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