Brandon Johnson v. Siemens Industry, Inc.
| Brandon Johnson |
| Siemens Industry Inc |
| 2:2023cv06031 |
| July 26, 2023 |
| US District Court for the Central District of California |
| David O Carter |
| Karen E Scott |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 88 Notice re Initial Standing Order filed by Plaintiff Brandon Johnson. (Lebe, Jonathan) |
| Filing 87 SCHEDULING NOTICE by Judge David O. Carter: The Court CONTINUES hearing for ALL pending motions in this matter to be heard on 10/23/2023 at 08:30 AM before Judge David O. Carter. Hearing to include motions for docket entries #66 #67 #68 #72 . Motion set for hearing on 10/23/2023 at 08:30 AM before Judge David O. Carter at Santa Ana Federal Courthouse 411 W. 4th Street, Santa Ana, CA 92701, Courtroom 10A. Request for Leave of Jonathan Lebe to Appear Remotely #86 is denied as moot.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY |
| Filing 86 First REQUEST for Leave of Jonathan Lebe to Appear for Remotely/Videoconference at Motion for Leave to Conduct Limited Discovery Regarding Class Certification filed by Plaintiff Brandon Johnson. Request set for hearing on 9/18/2023 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration of Jonathan Lebe) (Lebe, Jonathan) |
| Filing 85 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kdu) |
| Filing 84 REPLY in support of a motion #72 to Conduct Discovery filed by Defendant Siemens Industry Inc. (Rea, September) |
| Filing 83 OPPOSITION IN OPPOSITION re: #72 to Defendant's Motion Requesting Leave to Conduct Limited Discovery Regarding Conditional Certification filed by Plaintiff Brandon Johnson. (Attachments: #1 Declaration of Jonathan M. Lebe, #2 Declaration of Diana Lopez)(Lebe, Jonathan) |
Filing 82
ORDER by District Judge David O. Carter GRANTING Application of Non-Resident Attorney Robert J. Hingula to Appear Pro Hac Vice on behalf of Defendant Siemens Industry Inc #81 #76 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY
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| Filing 81 APPLICATION of Non-Resident Attorney Robert J. Hingula to Appear Pro Hac Vice on behalf of Defendant Siemens Industry Inc (Pro Hac Vice Fee - $500.00 Previously Paid on 8/22/2023, Receipt No. 35901951) filed by Defendant Siemens Industry Inc. (Rea, September) |
| Filing 80 REPLY in support of a motion NOTICE OF MOTION AND MOTION for Leave to file Sur-Reply re Motion for Conditional Certification #67 filed by Defendant Siemens Industry Inc. (Rea, September) |
| Filing 79 REPLY in support of a motion NOTICE OF MOTION AND MOTION to Stay Case pending first-to-file doctrine and in accordance with the principles of judicial economy #66 filed by Defendant Siemens Industry Inc. (Attachments: #1 Appendix ISO Motion to Stay, #2 Exhibit A to Request for Judicial Notice)(Rea, September) |
| Filing 78 REPLY in support of a motion NOTICE OF MOTION AND MOTION to Stay Case pending first-to-file doctrine and in accordance with the principles of judicial economy #66 filed by Defendant Siemens Industry Inc. (Attachments: #1 Appendix, #2 Exhibit A, #3 Appendix)(Rea, September) |
| Filing 77 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Robert J. Hingula to Appear Pro Hac Vice on behalf of Defendant Siemens Industry Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35901951) #76 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) |
| Filing 76 APPLICATION of Non-Resident Attorney Robert J. Hingula to Appear Pro Hac Vice on behalf of Defendant Siemens Industry Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35901951) filed by Defendant Siemens Industry Inc. (Attachments: #1 Proposed Order on Application for Non-Resident Attorney to Appear Pro Hac Vice) (Rea, September) |
| Filing 75 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice (Other), #72 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Motion (for order). Other error(s) with document(s): The hearing would have been set using the correct event. 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. (twdb) |
| Filing 74 OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION to Stay Case pending first-to-file doctrine and in accordance with the principles of judicial economy #66 filed by Plaintiff Brandon Johnson. (Attachments: #1 Declaration of Jonathan M. Lebe)(Lebe, Jonathan) |
| Filing 73 OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION for Leave to file Sur-Reply re Motion for Conditional Certification #67 filed by Plaintiff Brandon Johnson. (Attachments: #1 Declaration Declaration of Jonathan M. Lebe)(Lebe, Jonathan) |
| Filing 72 Notice of Motion and Motion Requesting Leave to Conduct Limited Discovery Regarding Conditional Certification filed by Defendant Siemens Industry Inc. (Attachments: #1 Declaration of September Rea ISO Motion for Leave to Conduct Limited Discovery, #2 Proposed Order Granting Motion to Conduct Limited Discovery)(Rea, September) Modified on 8/22/2023 (twdb). |
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Filing 71
ORDER RE TRANSFER PURSUANT to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. Related Case- filed. Related Case No: 8:22-cv-00334 DOC(KESx). Case transferred from Magistrate Judge Pedro V. Castillo and Judge Hernan D. Vera to Judge David O. Carter and Magistrate Judge Karen E. Scott for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-06031 DOC(KESx). Signed by Judge David O. Carter (rn)
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| Filing 70 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Stay Case pending first-to-file doctrine and in accordance with the principles of judicial economy #66 ; NOTICE OF MOTION AND MOTION for Leave to file Sur-Reply re Motion for Conditional Certification #67 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. Other error(s) with document(s): No [Prop] Order. 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. (lom) |
| Filing 69 TEXT ONLY ENTRY (In Chambers) by Judge Hernan D. Vera : Please be advised that the following motions are reset for an in-person hearing on 10/26/23 at 10:00 a.m.: DEFENDANT SIEMENS INDUSTRY, INC.'S MOTION TO STAY #66 , DEFENDANT SIEMENS INDUSTRY, INC.'S MOTION TO SET HEARING AND FOR LEAVE TO FILE SUR-REPLY REGARDING MOTION FOR CONDITIONAL CERTIFICATION #67 , and PLAINTIFF 'S AMENDED MOTION FOR CONDITIONAL CERTIFICATION UNDER 29 U.S.C. 216(B) #68 (Original motion #15 ). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 68 [AMENDED] NOTICE OF MOTION re #15 PLAINTIFF BRANDON JOHNSONS AMENDED NOTICE OF MOTION FOR CONDITIONAL CERTIFICATION UNDER 29 U.S.C. 216(B) filed by Plaintiff Brandon Johnson. Motion set for hearing on 10/19/2023 at 10:00 AM before Judge Hernan D. Vera. (Lebe, Jonathan) Modified on 8/1/2023 (lom). |
| Filing 67 NOTICE OF MOTION AND MOTION for Leave to file Sur-Reply re Motion for Conditional Certification filed by Defendant Siemens Industry Inc. (Attachments: #1 Declaration) (Rea, September) |
| Filing 66 NOTICE OF MOTION AND MOTION to Stay Case pending first-to-file doctrine and in accordance with the principles of judicial economy filed by Defendant Siemens Industry Inc. (Attachments: #1 Declaration, #2 Request for Judicial Notice) (Rea, September) |
| Filing 65 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 64 NOTICE OF ASSIGNMENT to District Judge Hernan D. Vera and Magistrate Judge Pedro V. Castillo. (et) |
| Filing 63 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:23-cv-01562-RS, from USDC Northern District of California (Francisco). The above-referenced case has been transferred to this district and assigned the above civil case number 2:23-cv-06031-HDV (PVCx). (et) |
| Filing 62 ORIGINAL file, certified copy of transfer order and docket sheet received from California Northern |
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Filing 61
ORDER GRANTING MOTION TO TRANSFER (rslc1, COURT STAFF) (Filed on 7/21/2023) [Transferred from California Northern on 7/28/2023.]
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Filing 60
*** FILED IN ERROR. PLEASE SEE DOCKET #61 . *** ORDER by Judge Seeborg granting #28 Motion to Transfer Case. (rslc1, COURT STAFF) (Filed on 7/21/2023) Modified on 7/21/2023 (cl, COURT STAFF). [Transferred from California Northern on 7/28/2023.]
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| Filing 59 Minute Entry for proceedings held before Judge Richard Seeborg: Motion Hearing held via Zoom on 7/20/2023 re #28 MOTION to Transfer Case. Motion taken under submission. Court to issue an order.Total Time in Court: 28 minutes. Court Reporter: Ana Dub. Plaintiff Attorney: Jonathan Lebe. Defendant Attorney: September Rea, Armida Derzakarian. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Date Filed: 7/20/2023) Modified on 7/20/2023 (cl, COURT STAFF). [Transferred from California Northern on 7/28/2023.] |
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Filing 58
ORDER re #53 Notice of Substitution of Counsel. Signed by Judge Richard Seeborg on 7/17/2023. (cl, COURT STAFF) (Filed on 7/17/2023) [Transferred from California Northern on 7/28/2023.]
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Filing 57
ORDER re #52 Notice of Substitution of Counsel. Attorney Lauren House Zeldin; Christopher William Decker and Jessica Anne Hatcher Thomas terminated. Signed by Judge Richard Seeborg on 7/17/2023. (cl, COURT STAFF) (Filed on 7/17/2023) [Transferred from California Northern on 7/28/2023.]
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| Filing 56 CLERK'S NOTICE : Please be advised the Motion to Transfer Case [#28] set for July 20, 2023 at 1:30 pm will be held via zoom webinar [See #55 on the docket]. If one party's request is granted, the entire hearing will be remote. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 7/17/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 55 CLERK'S NOTICE SETTING MOTION BY ZOOM WEBINAR as to #28 MOTION to Transfer Case or, alternatively, Dismiss or Stay. Motion Hearing set for 7/20/2023 at 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/rs Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at rscrd@cand.uscourts.gov no later than 7/18/2023 at 12:00 pm.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court, this proceeding will be held via a Zoom webinar.(cl, COURT STAFF) (Filed on 7/17/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 54 STIPULATION REQUEST FOR REMOTE APPEARANCE TO MOTION TO TRANSFER OR, IN THE ALTERNATIVE, DISMISS OR STAY filed by Brandon Johnson. (Lebe, Jonathan) (Filed on 7/17/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 53 NOTICE of Substitution of Counsel by Armida Derzakarian (Derzakarian, Armida) (Filed on 7/17/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 52 NOTICE of Substitution of Counsel by September Rea (Rea, September) (Filed on 7/17/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 51 CLERK'S NOTICE: MOTION TO CERTIFY CLASS AND MOTION TO DISMISS [Dkt.#10, Dkt.#27] SCHEDULED FOR HEARING ON JULY 20, 2023 AT 1:30 P.M. SHALL BE SUBMITTED WITHOUT ORAL ARGUMENT PURSUANT TO CIVIL LOCAL RULE 7-1(b).Motion to Transfer Case-Dkt #28 will remain on calendar to be heard on July 20, 2023 at 1:30 pm. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 7/7/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 50 Renotice motion hearing for Conditional Certification Under 29 U.S.C. 216(B) filed byBrandon Johnson. (Lebe, Jonathan) (Filed on 6/29/2023) [Transferred from California Northern on 7/28/2023.] |
| Set/Reset as to #10 First MOTION to Certify Class Under 29 U.S.C. 216(B). Motion Hearing set for 7/20/2023 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 6/29/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 49 CLERK'S NOTICE Continuing Motion Hearing as to #27 MOTION to Dismiss, #28 MOTION to Transfer Case. Motion Hearing previously renoticed for 7/13/2023 is continued to 7/20/2023 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cl, COURT STAFF) (Filed on 6/28/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 48 Renotice motion hearing re #28 MOTION to Transfer Case or, alternatively, Dismiss or Stay new date 07/13/2023, at 1:30 p.m., Courtroom 3 filed bySiemens Industry, Inc.. (Related document(s) #28 ) (Decker, Christopher) (Filed on 6/28/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 47 Request for Judicial Notice re #46 Reply to Opposition/Response, #28 MOTION to Transfer Case or, alternatively, Dismiss or Stay in support of Motion to Transfer Case, or alternatively, Dismiss or Stay filed bySiemens Industry, Inc.. (Related document(s) #46 , #28 ) (Decker, Christopher) (Filed on 6/28/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 46 REPLY (re #28 MOTION to Transfer Case or, alternatively, Dismiss or Stay ) Memorandum in support of filed bySiemens Industry, Inc.. (Attachments: #1 Declaration of Thomas Altavilla, #2 Exhibit A, #3 Declaration of Christopher W. Decker, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Decker, Christopher) (Filed on 6/28/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 45 CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference set for 9/21/2023 at 10:00 AM in San Francisco, - Videoconference Only before Judge Richard Seeborg upon reassignment. Case Management Statement due by 9/14/2023. All parties shall appear by videoconference using log-in instructions the Court will provide in advance. All pending motions will be taken off-calendar and must be renoticed by the moving party for a new hearing according to Judge Seeborg's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 6/28/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 44 Renotice motion hearing re #27 MOTION to Dismiss or Strike First Amended Complaint (new date 07/13/2023 at 1:30 p.m. Courtroom 3 filed bySiemens Industry, Inc.. (Related document(s) #27 ) (Decker, Christopher) (Filed on 6/28/2023)[Transferred from California Northern on 7/28/2023.] |
| Filing 43 REPLY (re #27 MOTION to Dismiss or Strike First Amended Complaint ) Brief to Opposition in support of Motion to Dismiss or Strike filed bySiemens Industry, Inc.. (Decker, Christopher) (Filed on 6/28/2023) [Transferred from California Northern on 7/28/2023.] |
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Filing 42
ORDER RELATING CASES 22-cv-03904 RS and 23-cv-01562 JST. Signed by Chief Judge Richard Seeborg on 6/28/2023. (cl, COURT STAFF) (Filed on 6/28/2023) [Transferred from California Northern on 7/28/2023.]
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| Set/Reset Deadlines as to #27 MOTION to Dismiss or Strike First Amended Complaint. Motion Hearing set for 7/13/2023 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 6/28/2023) [Transferred from California Northern on 7/28/2023.] |
| Case Reassigned to Judge Richard Seeborg. Judge Jon S. Tigar no longer assigned to the case. (mbc, COURT STAFF) (Filed on 6/28/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 41 Judicial Referral for Purpose of Determining Relationship of Cases re 22-cv-03904-RS. Signed by Judge Jon S. Tigar on June 22, 2023. (mll, COURT STAFF) (Filed on 6/22/2023) Modified on 6/22/2023 (mll, COURT STAFF). [Transferred from California Northern on 7/28/2023.] |
| #Electronic filing error. REMINDER: Counsel are instructed that all future filings shall bear the initials JST after the case number. Re: #40 Opposition/Response to Motion, filed by Brandon Johnson, #39 Opposition/Response to Motion filed by Brandon Johnson (anj, COURT STAFF) (Filed on 6/22/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 40 OPPOSITION/RESPONSE (re #28 MOTION to Transfer Case or, alternatively, Dismiss or Stay ) filed by Brandon Johnson. (Attachments: #1 Declaration of Jonathan M. Lebe)(Lebe, Jonathan) (Filed on 6/21/2023) Modified on 6/22/2023 (anj, COURT STAFF). [Transferred from California Northern on 7/28/2023.] |
| Filing 39 OPPOSITION/RESPONSE (re #27 MOTION to Dismiss or Strike First Amended Complaint ) filed by Brandon Johnson. (Lebe, Jonathan) (Filed on 6/21/2023) Modified on 6/22/2023 (anj, COURT STAFF). [Transferred from California Northern on 7/28/2023.] |
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Filing 38
Order by Judge Jon S. Tigar granting #37 Motion for Pro Hac Vice as to Lauren Zeldin.(mll, COURT STAFF) (Filed on 6/13/2023) [Transferred from California Northern on 7/28/2023.]
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| Filing 37 Amended MOTION for leave to appear in Pro Hac Vice Lauren Zeldin (Civil Local Rule 11-3) and Certificate of Good Standing ( Filing fee $ 317, receipt number CCANDC-18342729.) Filing fee previously paid on 06/08/2023 filed by Siemens Industry, Inc.. (Zeldin, Lauren) (Filed on 6/12/2023) [Transferred from California Northern on 7/28/2023.] |
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Filing 36
Order by Judge Jon S. Tigar granting #35 Motion for Pro Hac Vice as to Jessica Thomas.(mll, COURT STAFF) (Filed on 6/12/2023) [Transferred from California Northern on 7/28/2023.]
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| Filing 35 Amended MOTION for leave to appear in Pro Hac Vice (Civil Local Rule 11-3) and Certificate of Good Standing ( Filing fee $ 317, receipt number CCANDC-18342570.) Filing fee previously paid on 06/08/2023 filed by Siemens Industry, Inc.. (Thomas, Jessica) (Filed on 6/9/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 34 Amended MOTION for leave to appear in Pro Hac Vice (Civil Local Rule 11-3) and Certificate of Good Standing ( Filing fee $ 317, receipt number CCANDC-18342729.) Filing fee previously paid on 06/08/2023 filed by Siemens Industry, Inc.. (Zeldin, Lauren) (Filed on 6/9/2023) [Transferred from California Northern on 7/28/2023.] |
| #Electronic filing error. Incorrect certificates of good standing are attached to the applications. Re: #32 MOTION for leave to appear in Pro Hac Vice (Civil Local Rule 11-3) and Certificate of Good Standing ( Filing fee $ 317, receipt number CCANDC-18342729.) filed by Siemens Industry, Inc., #31 MOTION for leave to appear in Pro Hac Vice (Civil Local Rule 11-3) and Certificate of Good Standing ( Filing fee $ 317, receipt number ACANDC-18342570.) filed by Siemens Industry, Inc. (jrs, COURT STAFF) (Filed on 6/9/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 33 REPLY (re #10 First MOTION to Certify Class Under 29 U.S.C. 216(B) ) filed byBrandon Johnson. (Lebe, Jonathan) (Filed on 6/8/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 32 MOTION for leave to appear in Pro Hac Vice (Civil Local Rule 11-3) and Certificate of Good Standing ( Filing fee $ 317, receipt number CCANDC-18342729.) filed by Siemens Industry, Inc.. (Zeldin, Lauren) (Filed on 6/8/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 31 MOTION for leave to appear in Pro Hac Vice (Civil Local Rule 11-3) and Certificate of Good Standing ( Filing fee $ 317, receipt number ACANDC-18342570.) filed by Siemens Industry, Inc.. (Thomas, Jessica) (Filed on 6/8/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 30 NOTICE by Siemens Industry, Inc. re #28 MOTION to Transfer Case or, alternatively, Dismiss or Stay Notice of Pendency of Other Proceeding (Attachments: #1 Exhibit 2)(Decker, Christopher) (Filed on 6/7/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 29 Request for Judicial Notice re #28 MOTION to Transfer Case or, alternatively, Dismiss or Stay in support of filed bySiemens Industry, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #28 ) (Decker, Christopher) (Filed on 6/7/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 28 MOTION to Transfer Case or, alternatively, Dismiss or Stay filed by Siemens Industry, Inc.. Motion Hearing set for 9/7/2023 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 6/21/2023. Replies due by 6/28/2023. (Attachments: #1 Proposed Order for Motion to Transfer, #2 Proposed Order for Motion to Dismiss or Stay, #3 Declaration of Christopher W. Decker ISO Motion to Transfer or, alternatively, Dismiss or Stay, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Declaration of Thomas Altavilla ISO Motion to Transfer or, alternatively, Dismiss or Stay)(Decker, Christopher) (Filed on 6/7/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 27 MOTION to Dismiss or Strike First Amended Complaint filed by Siemens Industry, Inc.. Motion Hearing set for 9/7/2023 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 6/21/2023. Replies due by 6/28/2023. (Attachments: #1 Proposed Order for Motion to Dismiss First Amended Complaint, #2 Proposed Order for Motion to Strike portions of First Amended Complaint, #3 Declaration of Christopher W. Decker ISO Motion to Dismiss / Motion to Strike First Amended Complaint, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K)(Decker, Christopher) (Filed on 6/7/2023) [Transferred from California Northern on 7/28/2023.] |
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Filing 26
ORDER RE: DEFENDANT'S MOTION TO EXTEND TIME #23 MOTION for Extension of Time to File Response/Reply as to #10 First MOTION to Certify Class Under 29 U.S.C. 216(B), #19 Renotice motion hearing, #22 Order on Stipulation to June 15, 2023, to file Opposition to Motion for Con filed by Siemens Industry, Inc. Motions due by 6/7/2023. Responses due by 6/7/2023. Replies due by 6/8/2023. Signed by Judge Jon S. Tigar on June 5, 2023. (mll, COURT STAFF) (Filed on 6/5/2023) [Transferred from California Northern on 7/28/2023.]
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| Filing 25 Notice of Withdrawal of Motion to Extend the Deadline to File Defendant's Opposition to Plaintiff's Motion for Conditional Certification (Decker, Christopher) (Filed on 6/1/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 24 OPPOSITION/RESPONSE to Motion for Conditional Certification (re #10 First MOTION to Certify Class Under 29 U.S.C. 216(B) ) filed by Siemens Industry, Inc.. (Attachments: #1 Declaration of Thomas Altavilla ISO Defendant's Opposition to Motion for Conditional Certification)(Decker, Christopher) (Filed on 6/1/2023) Modified on 6/2/2023 (jml, COURT STAFF). [Transferred from California Northern on 7/28/2023.] |
| Filing 23 MOTION for Extension of Time to File Response/Reply as to #10 First MOTION to Certify Class Under 29 U.S.C. 216(B), #19 Renotice motion hearing, #22 Order on Stipulation to June 15, 2023, to file Opposition to Motion for Conditional Certification filed by Siemens Industry, Inc.. (Attachments: #1 Declaration of Christopher W. Decker ISO Administrative Motion to Extend Time to Respond to Motion for Conditional Certification, #2 Proposed Order Extending Time to Respond to Conditional Certification)(Decker, Christopher) (Filed on 5/30/2023) [Transferred from California Northern on 7/28/2023.] |
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Filing 22
ORDER EXTENDING TIME TO RESPOND TO PLAINTIFF'S MOTION FOR CONDITIONAL CERTIFICATION by Judge Jon S. Tigar granting #21 Stipulation. Responses due by 6/1/2023. Replies due by 6/8/2023. (mll, COURT STAFF) (Filed on 5/26/2023) [Transferred from California Northern on 7/28/2023.]
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| Filing 21 STIPULATION WITH PROPOSED ORDER TO RESPOND TO PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION filed by Siemens Industry, Inc. and Brandon Johnson (Attachments: #1 Proposed Order)(Decker, Christopher) (Filed on 5/25/2023) Modified on 5/26/2023 (jrs, COURT STAFF). [Transferred from California Northern on 7/28/2023.] |
| Filing 20 AMENDED COMPLAINT FIRST AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONS OF FAIR LABOR STANDARDS ACT against Siemens Industry, Inc.. Filed byBrandon Johnson. (Lebe, Jonathan) (Filed on 5/24/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 19 Renotice motion hearing re #10 First MOTION to Certify Class Under 29 U.S.C. 216(B) filed byBrandon Johnson. (Related document(s) #10 ) (Lebe, Jonathan) (Filed on 5/18/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 18 STIPULATION re #1 Complaint, Second Joint Stipulation to Extend Time to Respond to Complaint (new date 05/25/2023) filed by Siemens Industry, Inc. and Brandon Johnson. (Decker, Christopher) (Filed on 5/17/2023) Modified on 5/18/2023 (jrs, COURT STAFF). [Transferred from California Northern on 7/28/2023.] |
| Filing 17 CLERK'S NOTICE TERMINATING MOTION. The First MOTION to Certify Class Under 29 U.S.C. 216(B) at ECF. #15 is TERMINATED by the Court as a duplicate filing of the motion to certify class at ECF. #10 which was set for hearing on August 24, 2023 by the clerk's notice at ECF. #14 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Filed on 5/17/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 16 CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re- file #15 First MOTION to Certify Class Under 29 U.S.C. 216(B). Hearing date of June 22, 2023, is vacated due to the date being listed as unavailable to further settings on Judge Tigars calendar. The briefing schedule remains in effect. Counsel is directed to check the Judge's webpage on the Court's website regarding scheduling before re-noticing the motion for a new hearing date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Filed on 5/17/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 15 First MOTION to Certify Class Under 29 U.S.C. 216(B) filed by Brandon Johnson. Motion Hearing set for 6/22/2023 02:00 PM before Judge Jon S. Tigar. Responses due by 5/30/2023. Replies due by 6/6/2023. (Attachments: #1 Declaration DECLARATION OF JONATHAN M. LEBE IN SUPPORT OF MOTION FOR CONDITIONAL CERTIFICATION UNDER 29 U.S.C. 216(B), #2 Declaration DECLARATION OF BRANDON JOHNSON IN SUPPORT OF MOTION FOR CONDITIONAL CERTIFICATION UNDER 29 U.S.C. 216(B), #3 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFF MOTION FOR CONDITIONAL CERTIFICATION UNDER 29 U.S.C. 216(b))(Lebe, Jonathan) (Filed on 5/16/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 14 CLERKS NOTICE SETTING ZOOM HEARING. Case Management Statement due by 8/29/2023. Initial Case Management Conference set for 9/5/2023 02:00 PM in Oakland, - Videoconference Only. Motion Hearing set for 8/24/2023 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than August 23, 2023 by 2:00 p.m. for the Motion hearing and September 1, 2023 by 2:00 p.m. for the CMC.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/., Set/Reset Deadlines as to #10 First MOTION to Certify Class Under 29 U.S.C. 216(B). Case Management Statement due by 8/29/2023. Initial Case Management Conference set for 9/5/2023 02:00 PM in Oakland, - Videoconference Only. Motion Hearing set for 8/24/2023 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. (mll, COURT STAFF) (Filed on 5/16/2023) [Transferred from California Northern on 7/28/2023.] |
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Filing 13
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Chief Magistrate Judge Donna M. Ryu no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 05/16/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bar, COURT STAFF) (Filed on 5/16/2023) [Transferred from California Northern on 7/28/2023.]
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| Filing 12 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 5/15/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Siemens Industry, Inc... (Decker, Christopher) (Filed on 5/15/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 10 First MOTION to Certify Class Under 29 U.S.C. 216(B) filed by Brandon Johnson. Motion Hearing set for 6/22/2023 01:00 PM before Magistrate Judge Donna M. Ryu. Responses due by 5/26/2023. Replies due by 6/2/2023. (Attachments: #1 Declaration DECLARATION OF JONATHAN M. LEBE IN SUPPORT OF MOTION FOR CONDITIONAL CERTIFICATION UNDER 29 U.S.C. 216(B), #2 Declaration DECLARATION OF BRANDON JOHNSON IN SUPPORT OF MOTION FOR CONDITIONAL CERTIFICATION UNDER 29 U.S.C. 216(B), #3 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFF MOTION FOR CONDITIONAL CERTIFICATION UNDER 29 U.S.C. 216(b))(Lebe, Jonathan) (Filed on 5/12/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 9 CLERK'S NOTICE TO DEFENDANT Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 5/15/2023. (ig, COURT STAFF) (Filed on 5/1/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 8 Joint Stipulation to Extend Time to Respond to Complaint to 05/17/2023 filed by Siemens Industry, Inc., Brandon Johnson. (Decker, Christopher) (Filed on 4/28/2023) Modified on 5/1/2023 (cjl, COURT STAFF). [Transferred from California Northern on 7/28/2023.] |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Brandon Johnson.. (Lebe, Jonathan) (Filed on 4/17/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 6/28/2023. Initial Case Management Conference set for 7/5/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jrs, COURT STAFF) (Filed on 4/6/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 5 **Disregard entry, please see docket no. 6** Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 6/28/2023. Initial Case Management Conference set for 7/5/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jrs, COURT STAFF) (Filed on 4/5/2023) (Additional attachment(s) added on 4/6/2023: #1 ADR Scheduling order) (jrs, COURT STAFF). Modified on 4/6/2023 (jrs, COURT STAFF). [Transferred from California Northern on 7/28/2023.] |
| Filing 4 Summons Issued as to Siemens Industry, Inc. (jrs, COURT STAFF) (Filed on 4/5/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 3 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/17/2023. (jrs, COURT STAFF) (Filed on 4/3/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 2 Proposed Summons. (Lebe, Jonathan) (Filed on 4/3/2023) [Transferred from California Northern on 7/28/2023.] |
| Filing 1 COMPLAINT (with Jury Demand)CLASS ACTION COMPLAINT FOR VIOLATIONS OF FAIR LABOR STANDARDS ACT against Siemens Industry, Inc. ( Filing fee $ 402, receipt number ACANDC-18133659.). Filed byBrandon Johnson. (Attachments: #1 Civil Cover Sheet)(Lebe, Jonathan) (Filed on 4/3/2023) Modified on 4/5/2023 (jrs, COURT STAFF). [Transferred from California Northern on 7/28/2023.] |
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