Nelson Goris v. Caliburn International, LLC et al
| Nelson Goris and Melissa Vaz |
| Caliburn International, LLC, Comprehensive Health Services, LLC and Does 1 to 10 inclusive |
| Maria Garcia |
| 2:2021cv06178 |
| July 30, 2021 |
| US District Court for the Central District of California |
| Charles F Eick |
| George H Wu |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 18, 2022. A more recent docket listing may be available from PACER.
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Filing 42
ORDER AND JUDGMENT GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT by Judge George H. Wu. Having carefully considered the motion, its supporting papers, and the arguments of counsel, the Court GRANTS the motion. Accordingly, the Court ORDERS, ADJUDGES AND DECREES as follows: The Court grants final approval of the Settlement and finds that it is fair. The Court approves attorneys fees for class counsel, attorneys of record for Plaintiffs, Kye D. Pawlenko and Matthew D. Hayes of Pawlenko LLP, in the amount of $140,000 and reimbursement of litigation expenses in the amount of $10,122.83, which shall be paid in accordance with the terms of the Settlement. The Court approves a class representative service award to Plaintiffs in the aggregate amount of $5,000 to be split equally between Plaintiffs, which shall be paid in accordance with the terms of the Settlement. The Court enters final judgment in this action and dismisses this action with prejudice and without prevailing-party costs.; granting #35 MOTION for Settlement. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Filing 41
ORDER GRANTING MOTION FOR ATTORNEYS' FEES, COSTS, AND INCENTIVE AWARD by Judge George H. Wu. The Court GRANTS the motion as follows: 1. The Court approves attorneys fees to Hayes Pawlenko LLP in the amount of $140,000; 2. The Court approves the reimbursement of litigation costs to Hayes Pawlenko LLP in the amount of $10,122.83; and 3. The Court approves an incentive award in the aggregate amount of $5,000 to be split evenly between Plaintiffs.; granting #31 MOTION for Attorney Fees. (aco)
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| Filing 40 MINUTES OF TELEPHONIC HEARING ON PLAINTIFFS' MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT #35 ; and PLAINTIFFS' MOTION FOR ATTORNEYS' FEES, COSTS, AND INCENTIVE AWARD #31 held before Judge George H. Wu. The Court's Tentative Ruling on Plaintiffs' Motions was issued on August 17, 2022 #39 . Court and counsel confer. The Tentative Ruling is adopted as the Court's Final Ruling. Plaintiffs' Motions are granted. Separate Order and Judgment to be issued. Court Reporter: Terri A. Hourigan. (aco) |
| Filing 39 MINUTES IN CHAMBERS - TENTATIVE RULING ON PLAINTIFFS' MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT #35 ; and PLAINTIFFS' MOTION FOR ATTORNEYS' FEES, COSTS, AND INCENTIVE AWARD #31 by Judge George H. Wu. Attached hereto is the Court's Tentative Ruling on Plaintiffs Motions set for hearing on August 18, 2022 at 8:30 a.m. (aco) |
| Filing 38 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 08/18/2022 Motions Hearing #31 #35 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 37 NOTICE OF ERRATA filed by Plaintiffs Nelson Goris, Melissa Vaz. correcting NOTICE OF MOTION AND MOTION for Settlement Approval of Class and Representative Action #35 (Attachments: #1 Declaration Amended Declaration of Jeremy Romero)(Pawlenko, Kye) |
| Filing 36 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Settlement Approval of Class and Representative Action #35 filed by Defendants Caliburn International, LLC, Comprehensive Health Services, LLC. (Zadikany, Ruth) |
| Filing 35 NOTICE OF MOTION AND MOTION for Settlement Approval of Class and Representative Action filed by Plaintiffs Nelson Goris, Melissa Vaz. Motion set for hearing on 8/18/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum, #2 Proposed Order, #3 Appendix Compendium of Evidence, #4 Exhibit 1 (Pawlenko Declaration), #5 Exhibit 2 (Romero Declaration)) (Pawlenko, Kye) |
| Filing 34 DECLARATION of Ruth Zadikany Regarding Service of CAFA Notice filed by Defendants Caliburn International, LLC, Comprehensive Health Services, LLC. (Zadikany, Ruth) |
| Filing 33 NOTICE OF LODGING filed Request For Judicial Notice re Claim #32 (Attachments: #1 Exhibit 1 to Request for Judical Notice, #2 Exhibit 2 to Request for Judicial Notice, #3 Exhibit 3 to Request for Judicial Notice)(Pancer, Ian) |
| Filing 32 CLAIM filed by Attorney for Objecting Party Maria Garcia. (Pancer, Ian) |
| Filing 31 NOTICE OF MOTION AND MOTION for Attorney Fees , Costs and Incentive Award filed by Plaintiffs Nelson Goris, Melissa Vaz. Motion set for hearing on 8/18/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Exhibit Billing Records, #2 Exhibit Cost Report, #3 Exhibit Goris Declaration, #4 Exhibit Vaz Declaration, #5 Proposed Order) (Pawlenko, Kye) |
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Filing 30
ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT by Judge George H. Wu, re NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action and PAGA Settlement #22 (bm)
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| Filing 29 MINUTES OF TELEPHONIC HEARING ON PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #22 Hearing held before Judge George H. Wu: Court and counsel confer. The Tentative circulated and attached hereto, is adopted as the Court's Final Ruling. Plaintiffs' Motion is granted. Final Approval Hearing is set for August 18, 2022 at 8:30 a.m. Separate Order to issue. Court Reporter: Terri A. Hourigan. (bm) |
| Filing 28 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Monday's 04/04/2022 MOTION HEARING #22 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
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Filing 27
ORDER RESETTING HEARING DATE ON PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #25 by Judge George H. Wu. The Court ORDERS that the hearing on Plaintiffs' Motion for Preliminary Approval of Class Action Settlement is reset to April 4, 2022, at 8:30 a.m. (lom)
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| Filing 26 ANSWER to Amended Complaint/Petition, #17 and Affirmative and Other Defenses filed by Defendants Caliburn International, LLC, Comprehensive Health Services, LLC.(Zadikany, Ruth) |
| Filing 25 Joint STIPULATION to Reset Hearing Date on Plaintiffs' Motion for Preliminary Approval of Classic Action Settlement filed by Defendants Caliburn International, LLC, Comprehensive Health Services, LLC. (Attachments: #1 Declaration in Support of Joint Stipulation to Reset Hearing Date, #2 Proposed Order)(Zadikany, Ruth) |
| Filing 24 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action and PAGA Settlement #22 filed by Defendants Caliburn International, LLC, Comprehensive Health Services, LLC. (Zadikany, Ruth) |
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Filing 23
ORDER GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT by Judge George H. Wu, re Stipulation #21 : Because Defendants have given their written consent, the Court GRANTS Plaintiff leave to file the First Amended Complaint docketed at ECF No. 17. (bm)
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| Filing 22 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action and PAGA Settlement filed by Plaintiffs Nelson Goris, Melissa Vaz. Motion set for hearing on 3/31/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum, #2 Appendix Compendium of Evidence, #3 Exhibit 1 (Pawlenko Declaration), #4 Exhibit 2 (Settlement Agreement), #5 Proposed Order) (Pawlenko, Kye) |
| Filing 21 Joint STIPULATION for Leave to File First Amended Complaint filed by Plaintiff Nelson Goris. (Attachments: #1 Proposed Order)(Pawlenko, Kye) |
| Filing 20 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #19 RE: Joint Stipulation #16 by Clerk of Court. Docket No. 16 is stricken for the reason(s) stated in the Notice #19 filed on March 1, 2022. (bm) |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation #16 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Stipulation. 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. (bm) |
| Filing 18 NOTICE of Pendency of Other Action filed by Defendants Caliburn International, LLC, Comprehensive Health Services, LLC. (Attachments: #1 Exhibit A)(Zadikany, Ruth) |
| Filing 17 FIRST AMENDED COMPLAINT against Defendants Caliburn International, LLC, Comprehensive Health Services, LLC, Does amending Complaint - (Discovery),, filed by Plaintiffs Nelson Goris, Melissa Vaz(Attorney Kye Douglas Pawlenko added to party Melissa Vaz(pty:pla))(Pawlenko, Kye) |
| Filing 16 DOCUMENT STRICKEN PURSUANT TO COURT ORDER DATED 3/1/2022, DOCUMENT #20 . Joint STIPULATION for Leave to File First Amended Complaint filed by Plaintiff Nelson Goris. (Attachments: #1 Exhibit Proposed First Amended Complaint)(Pawlenko, Kye) Modified on 3/1/2022 (bm). |
| Filing 15 MINUTES OF TELEPHONIC SCHEDULING CONFERENCE held before Judge George H. Wu. For reasons stated on the record, the Court will bifurcate discovery between the class action and its elements. The Court will resolve any issues relating to the bifurcation. A hearing on Plaintiff's motion for class certification is set for May 12, 2022 at 8:30 a.m. The briefing schedule is set as follows: Opening brief March 4, 2022. Opposition April 4, 2022. Reply April 25, 2022. The scheduling conference is continued to May 12, 2022 at 8:30 a.m. Court Reporter: Terri A. Hourigan. (mrgo) |
| Filing 14 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Monday's 09/13/2021 scheduling conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 13 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff Nelson Goris.. (Pawlenko, Kye) |
| Filing 12 ANSWER to Complaint - (Discovery), (Defendants' Answer and Affirmative and Other Defenses to Plaintiff's Complaint) filed by Defendants Caliburn International, LLC, Comprehensive Health Services, LLC.(Zadikany, Ruth) |
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Filing 11
MINUTE ORDER IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. (Discovery cut-off 9/7/2021. Scheduling Conference set for 9/13/2021 at 08:30 AM before Judge George H. Wu.) (mrgo)
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Filing 10
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. (See document for details) (mrgo)
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| Filing 9 Joint STIPULATION Extending Time to Answer the complaint as to Caliburn International, LLC answer now due 9/3/2021; Comprehensive Health Services, LLC answer now due 9/3/2021, filed by Defendants Caliburn International, LLC; Comprehensive Health Services, LLC.(Zadikany, Ruth) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (esa) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Charles F. Eick. (esa) |
| Filing 5 CERTIFICATE OF SERVICE filed by Defendants Caliburn International, LLC, Comprehensive Health Services, LLC, re Notice of Removal (Attorney Civil Case Opening), #1 , Declaration #2 , Civil Cover Sheet (CV-71) #3 , Corporate Disclosure Statement #4 served on July 30, 2021. (Zadikany, Ruth) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT and Notice of Interested Parties filed by Defendants Caliburn International, LLC, Comprehensive Health Services, LLC identifying Caliburn Holdings, LLC as Corporate Parent. (Zadikany, Ruth) |
| Filing 3 CIVIL COVER SHEET filed by Defendants Caliburn International, LLC, Comprehensive Health Services, LLC. (Zadikany, Ruth) |
| Filing 2 DECLARATION of Daniela Walrath re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendants Caliburn International, LLC, Comprehensive Health Services, LLC. (Zadikany, Ruth) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles, case number 21STCV23929 Receipt No: ACACDC-31723573 - Fee: $402, filed by Defendants Caliburn International, LLC, Comprehensive Health Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Attorney Ruth Zadikany added to party Caliburn International, LLC(pty:dft), Attorney Ruth Zadikany added to party Comprehensive Health Services, LLC(pty:dft))(Zadikany, Ruth) |
| CONFORMED COPY OF COMPLAINT against defendants Caliburn International, LLC, Comprehensive Health Services, LLC, Does, Jury Demanded, filed by plaintiff Nelson Goris. (filed in state court 6/29/2021, submitted as document 1, attachment 1, p. 22) (esa) |
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