Sadie Saavedra v. Everi Payments, Inc.
| Sadie Saavedra |
| Everi Payments, Inc. and Everi Holdings, Inc. |
| 2:2021cv06999 |
| August 30, 2021 |
| US District Court for the Central District of California |
| Percy Anderson |
| Patricia Donahue |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 11, 2022. A more recent docket listing may be available from PACER.
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| Filing 53 JUDGMENT by Judge Percy Anderson. In accordance with the Court's April 11, 2022 Order granting the Motion to Dismiss #52 filed by defendants Everi Payments, Inc. and Everi Holdings, Inc. (Defendants) and dismissing plaintiff Sadie Saavedra's (Plaintiff) Second Amended Complaint withoutleave to amend, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the action filed by Plaintiff is dismissed with prejudice. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff take nothing and Defendants shall have their costs of suit. (MD JS-6, Case Terminated). (lom) |
Filing 52
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Before the Court is a Motion to Dismiss the Second Amended Complaint (Docket No. 45) and a Motion to Strike the Class Allegations of the Second Amended Complaint (Docket No. 46) filed by defendants Everi Payments, Inc. and Everi Holdings, Inc. (Defendants). Based on the foregoing, Plaintiff's SAC is dismissed without leave to amend #45 . Defendants' Motion to Strike is denied as moot #46 . The Court will enter a Judgment consistent with this order. IT IS SO ORDERED. (lom)
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Filing 51
IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the MOTION to Dismiss #45 and MOTION to Strike #46 is scheduled for April 4, 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 April 4, 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 50 REPLY In Support Of NOTICE OF MOTION AND MOTION to Strike Class Allegations Of The Second Amended Complaint Amended Complaint/Petition #42 #46 filed by Defendants Everi Holdings, Inc., Everi Payments, Inc.. (Sperling, Elizabeth) |
| Filing 49 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case #45 filed by Defendants Everi Holdings, Inc., Everi Payments, Inc.. (Sperling, Elizabeth) |
| Filing 48 OPPOSITION re: NOTICE OF MOTION AND MOTION to Strike Class Allegations Of The Second Amended Complaint Amended Complaint/Petition #42 #46 filed by Plaintiff Sadie Saavedra. (Habashy, John) |
| Filing 47 OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case #45 filed by Plaintiff Sadie Saavedra. (Habashy, John) |
| Filing 46 NOTICE OF MOTION AND MOTION to Strike Class Allegations Of The Second Amended Complaint Amended Complaint/Petition #42 filed by Defendants Everi Holdings, Inc., Everi Payments, Inc.. Motion set for hearing on 4/4/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum Of Points And Authorities In Support Of Defendants' Motion To Strike The Class Allegations Of The Second Amended Complaint, #2 Proposed Order Granting Defendants Everi Payments, Inc. And Everi Holdings, Inc.'s Motion To Strike The Class Allegations Of The Second Amended Complaint) (Sperling, Elizabeth) |
| Filing 45 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Everi Holdings, Inc., Everi Payments, Inc.. Motion set for hearing on 4/4/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum Of Points And Authorities In Support Of Defendants' Motion To Dismiss The Second Amended Complaint, #2 Proposed Order Granting Defendants Everi Payments, Inc. and Everi Holdings, Inc.'s Motion To Dismiss The Second Amended Complaint) (Sperling, Elizabeth) |
| Filing 44 MINUTES IN CHAMBERS by Judge Percy Anderson. Based on the foregoing, the Court grants Plaintiff's Motion #36 . Plaintiff shall file her motion for class certification no later than April 15, 2022. IT IS SO ORDERED. (lom) |
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Filing 43
IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the MOTION for Extension of Time to File Motion for Class Certification #36 is scheduled for February 28, 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 February 28, 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 42 SECOND AMENDED COMPLAINT against Defendants Everi Holdings, Inc., Everi Payments, Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Sadie Saavedra(Habashy, John) |
| Filing 41 OPPOSITION to NOTICE OF MOTION AND MOTION for Extension of Time to File Motion for Class Certification #36 filed by Defendants Everi Holdings, Inc., Everi Payments, Inc.. (Sperling, Elizabeth) |
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Filing 40
MINUTES (IN CHAMBERS) COURT ORDER by Judge Percy Anderson. The Court dismisses Plaintiff's claim with leave to amend. Defendant's Motion to Strike Class Allegations is denied as moot. Plaintiff's Second Amended Complaint, if any, is due no later than February 18, 2022. Failure to file a Second Amended Complaint by that date may result in the dismissal of this action without prejudice. (iv)
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Filing 39
IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the Motion to Dismiss #28 and Motion to Strike #29 is scheduled for February 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 February 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 38 REPLY In Support Of NOTICE OF MOTION AND MOTION to Strike the Class Allegations of the Amended Complaint/Petition #26 #29 filed by Defendants Everi Holdings, Inc., Everi Payments, Inc.. (Sperling, Elizabeth) |
| Filing 37 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #28 filed by Defendants Everi Holdings, Inc., Everi Payments, Inc.. (Sperling, Elizabeth) |
| Filing 36 NOTICE OF MOTION AND MOTION for Extension of Time to File Motion for Class Certification filed by Plaintiff Sadie Saavedra. Motion set for hearing on 2/28/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order [Proposed] Order on Plaintiff's Motion for Extension of Time to File Motion of Class Certification) (Habashy, John) |
| Filing 35 OPPOSITION to NOTICE OF MOTION AND MOTION to Strike the Class Allegations of the Amended Complaint/Petition #26 #29 filed by Plaintiff Sadie Saavedra. (Habashy, John) |
| Filing 34 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #28 filed by Plaintiff Sadie Saavedra. (Attachments: #1 Exhibit Exhibit A)(Habashy, John) |
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Filing 33
ORDER ON THE PARTIES' STIPULATION TO EXTEND DEADLINE TO RESPOND AND CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS THE FIRST AMENDED COMPLAINT AND MOTION TO STRIKE THE CLASS ALLEGATIONS OF THE FIRST AMENDED COMPLAINT, ECF 28,29 #32 by Judge Percy Anderson. The continuance is GRANTED IN PART AND DENIED IN PART; The Hearing on Defendants' Motion to Dismiss the First Amended Complaint and Defendants' Motion to Strike the Class Allegations of the First Amended Complaint of December 21, 2021 is continued to February 7, 2022 at 1:30 p.m. Plaintiff's opposing papers to Defendants' Motion to Strike and Defendants' Motion to Dismiss are due on or before January 10, 2022; Defendants' replies in support of their Motion to Strike and Motion to Dismiss are due on or before January 17, 2022. (lom)
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| Filing 32 Joint STIPULATION for Extension of Time to File Response as to NOTICE OF MOTION AND MOTION to Strike the Class Allegations of the Amended Complaint/Petition #26 #29 , NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #28 filed by Plaintiff Sadie Saavedra. (Attachments: #1 Proposed Order [Proposed] Order On the Parities' Stipulation to Extend Deadline to Respond and Continue Hearing on Defendant's Motion to Dismiss the First Amended Complaint and Motion to Strike the Class Allegations of the First Amended Complaint)(Habashy, John) |
| Filing 31 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Motion to Dismiss, Motion to Strike #28 , #29 , by Judge Percy Anderson. The document is accepted as filed. No hearing was set when the motions were e-filed. Counsel are reminded to correctly file their future filings. The clerk is ordered to edit the docket text to reflect the hearing date for the motions. (iv) |
| Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Strike the Class Allegations of the Amended Complaint/Petition #26 #29 , NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #28 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): No hearing was set when motions were e-filed. 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 29 NOTICE OF MOTION AND MOTION to Strike the Class Allegations of the Amended Complaint/Petition #26 filed by Defendants Everi Holdings, Inc., Everi Payments, Inc. Motion set for hearing on 1/24/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Sperling, Elizabeth) Modified on 12/27/2021 (iv). |
| Filing 28 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants Everi Holdings, Inc., Everi Payments, Inc. Motion set for hearing on 1/24/2022 at 01:30 PM before Judge Percy Anderson.. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Sperling, Elizabeth) Modified on 12/27/2021 (iv). |
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Filing 27
MINUTES ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson: denying as moot #19 MOTION, NOTICE OF MOTION AND MOTION to Strike Class Allegations #19 , NOTICE OF MOTION AND MOTION to Dismiss #20 ; denying as moot #20 MOTION to Dismiss. The Court is in receipt of a First Amended Complaint (Docket No. 26) filed by plaintiff Sadie Saavedra ("Plaintiff"). Plaintiff was entitled to file the First Amended Complaint as a matter of right pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), which allows a party to "amend its pleading once as a matter of course within... 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f)." The Motion to Dismiss (Docket No. 20) and Motion to Strike Class Allegations (Docket No. 19) filed by defendants Everi Payments, Inc. and Everi Holdings, Inc. are denied as moot. See Ramirez v. Cnty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). The hearing calendared for January 3, 2022, is vacated, and the matter taken off calendar. (mrgo)
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| Filing 26 First AMENDED COMPLAINT against Defendant Everi Holdings, Inc., Everi Payments, Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Sadie Saavedra(Habashy, John) |
| Filing 25 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Strike Class Allegations #19 , NOTICE OF MOTION AND MOTION to Dismiss #20 filed by Defendants Everi Holdings, Inc., Everi Payments, Inc.. (Sperling, Elizabeth) |
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Filing 24
ORDER ON THE PARTIES' STIPULATION TO EXTEND DEADLINE TO RESPOND AND CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS AND MOTION TO STRIKE CLASS ALLEGATIONS by Judge Percy Anderson, re Stipulation for Extension of Time to File Response/Reply, #23 . The continuance is GRANTED IN PART AND DENIED IN PART; The Hearing on Defendants' Motion to Dismiss and Defendants' Motion to Strike Class Allegations of December 20, 2021 is continued to January 3, 2022 at 1:30 p.m. Plaintiff's opposing papers to Defendants' Motion to Strike Class Allegations and Defendants' Motion to Dismiss are due on or before December 6, 2021; Defendants' replies in support of their Motion to Strike Class Allegations and Motion to Dismiss are due on or before December 13, 2021. (mrgo)
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| Filing 23 Joint STIPULATION for Extension of Time to File Response as to NOTICE OF MOTION AND MOTION to Strike Class Allegations #19 , NOTICE OF MOTION AND MOTION to Dismiss #20 filed by Plaintiff Sadie Saavedra. (Attachments: #1 Proposed Order [Proposed] Order On the Parties' Stipulation to Extend Deadline to Respond and Continue Hearing on Defendants' Motion to Dismiss and Motion to Strike Class Allegations)(Habashy, John) |
| Filing 22 NOTICE of Interested Parties filed by Defendants Everi Holdings, Inc., Everi Payments, Inc., identifying Sadie Saavedra, Everi Payments, Inc., Everi Holdings, Inc.. (Sperling, Elizabeth) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT filed by Defendants Everi Holdings, Inc., Everi Payments, Inc. identifying Everi Holdings, Inc. as Corporate Parent. (Sperling, Elizabeth) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss filed by Defendants Everi Holdings, Inc., Everi Payments, Inc.. Motion set for hearing on 12/20/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum, #2 Proposed Order) (Sperling, Elizabeth) |
| Filing 19 NOTICE OF MOTION AND MOTION to Strike Class Allegations filed by Defendants Everi Holdings, Inc., Everi Payments, Inc.. Motion set for hearing on 12/20/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum, #2 Proposed Order) (Sperling, Elizabeth) |
| Filing 18 CONSENT TO PROCEED before a U. S. Magistrate Judge in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), The consent is hereby DECLINED by Judge Judge Percy Anderson. (mrgo) |
| Filing 17 NOTICE OF LODGING filed re Order #13 (Attachments: #1 Proposed Order Statement of Consent to Proceed Before a United States Magistrate Judge)(Habashy, John) |
| Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel Dubin counsel for Defendants Everi Holdings, Inc., Everi Payments, Inc.. Adding Daniel Dubin as counsel of record for Everi Payments, Inc., Everi Holdings, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Everi Payments, Inc., Everi Holdings, Inc.. (Attorney Daniel Dubin added to party Everi Holdings, Inc.(pty:dft), Attorney Daniel Dubin added to party Everi Payments, Inc.(pty:dft))(Dubin, Daniel) |
| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney Elizabeth A Sperling counsel for Defendants Everi Holdings, Inc., Everi Payments, Inc.. Adding Elizabeth A. Sperling as counsel of record for Everi Payments, Inc., Everi Holdings, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Everi Payments, Inc., Everi Holdings, Inc.. (Attorney Elizabeth A Sperling added to party Everi Holdings, Inc.(pty:dft), Attorney Elizabeth A Sperling added to party Everi Payments, Inc.(pty:dft))(Sperling, Elizabeth) |
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Filing 14
ORDER by Judge Percy Anderson: granting #11 Non-Resident Attorney Scott D. Owens APPLICATION to Appear Pro Hac Vice on behalf of plaintiff SADIE SAAVEDRA, designating JOHN R. HABASHY as local counsel. (mrgo)
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Filing 13
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 12
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Consuelo B. Marshall. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Consuelo B. Marshall to Judge Percy Anderson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-06999 PA(PDx). (rn)
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| Filing 11 APPLICATION of Non-Resident Attorney Scott D. Owens to Appear Pro Hac Vice on behalf of Plaintiff Sadie Saavedra (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31936134) filed by Plaintiff Sadie Saavedra. (Attachments: #1 Proposed Order (Proposed) Order On Application of Non-Resident Attorney to Appear In a Specific Case Pro Hac Vice) (Habashy, John) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Everi Holdings, Inc., Everi Payments, Inc.. (shb) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Sadie Saavedra. (Habashy, John) |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Scott D. Owens. 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 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lh) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Patricia Donahue. (lh) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Sadie Saavedra. (Habashy, John) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Sadie Saavedra, (Habashy, John) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Sadie Saavedra. (Habashy, John) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31899787 - Fee: $402, filed by Plaintiff Sadie Saavedra. (Attorney John R. Habashy added to party Sadie Saavedra(pty:pla))(Habashy, John) |
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