Everett Seymour et al v. McLane Company Inc et al
Plaintiff: Everett Seymour, David Johnson, Ronald Sellers and David McElroy
Defendant: McLane Company Inc, Gary Johnson, DOES 1 through 50 inclusive and McLane-Suneast Inc a Texas corporation doing business as McLane Southern California
Intervenor: Marc D Roberts and Marc D. Roberts & Associates
Case Number: 5:2008cv00007
Filed: January 4, 2008
Court: US District Court for the Central District of California
Office: Eastern Division - Riverside Office
County: San Bernardino
Presiding Judge: Charles F Eick
Referring Judge: Robert H Whaley
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 9, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2016 Opinion or Order Filing 288 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #286 filed by Marc D Roberts. CCA # 16-56347. Appellants' motion to dismiss this appeal is granted. Fed. R. App. P. 42(b). The parties shall bear their own costs on appeal. A copy of this order shall serve as and for the mandate of this court.(mat)
September 15, 2016 Filing 287 NOTIFICATION by Circuit Court of Appellate Docket Number 16-56347, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals, #286 as to Appellants Marc D. Roberts & Associates, Marc D Roberts. (mat)
September 15, 2016 Filing 286 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by appellants Marc D Roberts. Appeal of Order on Motion to Intervene, #285 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-18557404.) (Attachments: #1 Exhibit)(Froeschle, Nina)
September 12, 2016 Opinion or Order Filing 285 ORDER DENYING MOTION TO INTERVENE by Judge Robert H. Whaley re: #279 MOTION to Intervene. Accordingly, IT IS HEREBY ORDERED: 1. The Roberts Parties Motion to Intervene, ECF No. 279, is DENIED. 2. All evidentiary objections not specifically addressed by this Order are DENIED AS MOOT. IT IS SO ORDERED. The District Court Executive is directed to enter this Order and forward copies to counsel. (See document for specifics.) (iva)
August 2, 2016 Filing 284 RESPONSE filed by Defendants McLane Company Inc, McLane-Suneast Inc to Marc D. Roberts and Marc D. Roberts & Associates Evidentiary Objections to Defendants Evidence in Support of Opposition to Motion to Intervene (Kane, Matthew)
August 2, 2016 Filing 283 OBJECTIONS to Supplemental Declaration of Marc D. Roberts in support of Motion to Intervene [Dkt. #279-1] filed by Defendants McLane Company Inc, McLane-Suneast Inc. (Kane, Matthew)
July 25, 2016 Filing 282 REPLY in support of motion to intervene NOTICE OF MOTION AND MOTION to Intervene #279 filed by Intervenor Marc D Roberts. (Attachments: #1 Declaration of Marc D. Roberts, #2 Supplement)(Froeschle, Nina)
July 18, 2016 Filing 281 OPPOSITION to NOTICE OF MOTION AND MOTION to Intervene #279 filed by Defendants McLane Company Inc, McLane-Suneast Inc. (Attachments: #1 Declaration of David A. Wimmer, #2 Evidentiary Objections to Declaration of Marc D. Roberts)(Attorney Matthew Charles Kane added to party McLane-Suneast Inc(pty:dft))(Kane, Matthew)
July 12, 2016 Filing 280 SCHEDULING NOTICE by Judge Robert H. Whaley. The Court finds Marc D. Roberts and Marc D. Roberts & Associatess Motion to Intervene (Doc. No. 279) is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the court vacates the hearing set on 08/08/2016. The motion stands submitted. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS TEXT ONLY ENTRY. (vp)
July 8, 2016 Filing 279 NOTICE OF MOTION AND MOTION to Intervene filed by Intervenor Marc D Roberts, Marc D. Roberts & Associates. Motion set for hearing on 8/8/2016 at 10:00 AM before Judge Robert H. Whaley. (Attachments: #1 Declaration, #2 Request for Judicial Notice, #3 Exhibit Exhibit A to Compendium of Exhibits to Motion to Intervene, #4 Exhibit Exhibit B to Compendium of Exhibits to Motion to Intervene, #5 Exhibit Exhibit C to Compendium of Exhibits to Motion to Intervene, #6 Exhibit Exhibit D to Compendium of Exhibits to Motion to Intervene, #7 Exhibit Exhibit E to Compendium of Exhibits to Motion to Intervene, #8 Exhibit Exhibit F to Compendium of Exhibits to Motion to Intervene, #9 Exhibit Exhibit G to Compendium of Exhibits to Motion to Intervene, #10 Exhibit Exhibit H to Compendium of Exhibits to Motion to Intervene, #11 Exhibit Exhibit I to Compendium of Exhibits to Motion to Intervene, #12 Exhibit Exhibit J to Compendium of Exhibits to Motion to Intervene, #13 Exhibit Exhibit K to Compendium of Exhibits to Motion to Intervene, #14 Exhibit Exhibit L to Compendium of Exhibits to Motion to Intervene, #15 Exhibit Exhibit M to Compendium of Exhibits to Motion to Intervene, #16 Exhibit Exhibit N to Compendium of Exhibits to Motion to Intervene, #17 Exhibit Exhibit O to Compendium of Exhibits to Motion to Intervene, #18 Exhibit Exhibit P to Compendium of Exhibits to Motion to Intervene, #19 Exhibit Exhibit Q to Compendium of Exhibits to Motion to Intervene, #20 Exhibit Exhibit R to Compendium of Exhibits to Motion to Intervene, #21 Exhibit Exhibit S to Compendium of Exhibits to Motion to Intervene, #22 Exhibit Exhibit T to Compendium of Exhibits to Motion to Intervene, #23 Exhibit Exhibit U to Compendium of Exhibits to Motion to Intervene, #24 Exhibit Exhibit V to Compendium of Exhibits to Motion to Intervene, #25 Compendium of Exhibits to Motion to Intervene, #26 Certificate of Interested Parties) (Attorney Nina D Froeschle added to party Marc D Roberts(pty:intv), Attorney Nina D Froeschle added to party Marc D. Roberts & Associates(pty:intv)) (Froeschle, Nina)
May 12, 2016 Opinion or Order Filing 278 ORDER AMENDING JUDGMENT by Judge Robert H. Whaley. IT IS HEREBY ORDERED: 1. The Judgmentcomprised of this Court's prior awards of attorneys' fees and costs, ECF Nos. 163, 218, 229is hereby amended to include an additional award of attorneys' fees against Plaintiffs Everett Seymour, David McElroy and David Johnson, jointly and severally, and in favor of Defendants in the amount of $252,264.00. (See document for specifics.) (iva)
April 28, 2016 Filing 277 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Attorney Fees DEFENDANTS' MOTION TO AMEND JUDGMENT TO ADD POST-JUDGMENT ATTORNEYS' FEES AND COSTS #268 filed by Defendant McLane Company Inc. (Kane, Matthew)
April 19, 2016 Opinion or Order Filing 276 ORDER CORRECTING TYPOGRAPHICAL ERROR by Judge Robert H. Whaley re: GRANTING DEFENDANTS MOTION TO AMEND JUDGMENT TO ADD POST-JUDGMENT ATTORNEYS FEES AND COSTS, #275 . The Order mistakenly indicates that such briefing is due on April 8, 2016, when it should have provided that the supplemental briefing was due on April 28, 2016. (See document for specifics.) (iva)
April 14, 2016 Opinion or Order Filing 275 ORDER GRANTING DEFENDANTS MOTION TO AMEND JUDGMENT TO ADD POST-JUDGMENT ATTORNEYS FEES AND COSTS #268 by Judge Robert H. Whaley. IT IS HEREBY ORDERED: 1. Defendants Motion to Amend Judgment to Add Post-Judgment Attorneys Fees and Costs, ECF No. 268, is GRANTED. On or before April 8, 2016, Defendants shall submit a supplemental brief that apportions, to the extent possible, the claimed $252,264.00 in post-judgment fees between David Johnson on the one hand, and Everett Seymour and David McElroy on the other. (See document for specifics.) (iva)
March 15, 2016 Filing 274 MINUTES OF Telephonic Motion Hearing held before Judge Robert H. Whaley. COURT makes initial comments. Mr. Kane argues. Mr. Aine argues. COURT will issue an Order. Court Reporter: Mark Snover. (iva)
February 17, 2016 Filing 273 TEXT ONLY SCHEDULING NOTICE by Judge Robert H. Whaley re: MOTION TO AMEND JUDGMENT TO ADD POST-JUDGMENT ATTORNEYS' FEES AND COSTS #268 . The telephonic motion hearing, set for 2/23/2016, at 10:00 AM is hereby CONTINUED to 3/15/2016, at 11:00 AM, before Judge Robert H. Whaley. The hearing will be conducted telephonically. The parties shall call in at 10:55 a.m. Instructions for conference: The parties shall call the Courts toll-free conference line at (888) 363-4749. You will be prompted to enter the following: Access Code 7667996 and Security Code: 0007. Please listen carefully and follow the automated instructions so that you can be added to the conference in a timely manner. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
February 16, 2016 Filing 272 REPLY in Support of NOTICE OF MOTION AND MOTION for Attorney Fees DEFENDANTS' MOTION TO AMEND JUDGMENT TO ADD POST-JUDGMENT ATTORNEYS' FEES AND COSTS #268 filed by Defendant McLane Company Inc. (Kane, Matthew)
February 9, 2016 Filing 271 OPPOSITION to NOTICE OF MOTION AND MOTION for Attorney Fees DEFENDANTS' MOTION TO AMEND JUDGMENT TO ADD POST-JUDGMENT ATTORNEYS' FEES AND COSTS #268 Plaintiffs Everett Seymour and David McElroy's Opposition to Defendants' Motion to Amend Judgment to Add Post-Judgment Attorneys' Fees and Costs filed by Plaintiff Everett Seymour. (Hafif, Greg)
December 9, 2015 Filing 270 TEXT ONLY SCHEDULING NOTICE by Judge Robert H. Whaley re: MOTION TO AMEND JUDGMENT TO ADD POST-JUDGMENT ATTORNEYS' FEES AND COSTS #268 . The Motion Hearing on 2/23/2016 at 10:00 a.m. will be held telephonically. The parties shall call in at 9:55 a.m. Instructions for conference: The parties shall call the Courts toll-free conference line at (888) 363-4749. You will be prompted to enter the following: Access Code 7667996 and Security Code: 0007. Please listen carefully and follow the automated instructions so that you can be added to the conference in a timely manner. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre)
December 3, 2015 Filing 269 NOTICE OF LODGING filed [Proposed] Order Granting Defendants' Motion to Amend Judgment to Add Post-Judgment Attorneys' Fees and Costs re NOTICE OF MOTION AND MOTION for Attorney Fees DEFENDANTS' MOTION TO AMEND JUDGMENT TO ADD POST-JUDGMENT ATTORNEYS' FEES AND COSTS #268 (Attachments: #1 Proposed Order)(Kane, Matthew)
December 2, 2015 Filing 268 NOTICE OF MOTION AND MOTION for Attorney Fees DEFENDANTS' MOTION TO AMEND JUDGMENT TO ADD POST-JUDGMENT ATTORNEYS' FEES AND COSTS filed by Defendant McLane Company Inc. Motion set for hearing on 2/23/2016 at 10:00 AM before Judge Robert H. Whaley. (Attachments: #1 Declaration of David A. Wimmer, #2 Declaration of Matthew C. Kane, #3 Exhibit A to Kane Declaration, #4 Exhibit B to Kane Declaration, #5 Exhibit C to Kane Declaration, #6 Exhibit D to Kane Declaration, #7 Exhibit E to Kane Declaration, #8 Exhibit F to Kane Declaration, #9 Exhibit G to Kane Declaration, #10 Exhibit H to Kane Declaration, #11 Exhibit I to Kane Declaration, #12 Exhibit J to Kane Declaration, #13 Exhibit K to Kane Declaration, #14 Exhibit L to Kane Declaration, #15 Exhibit M to Kane Declaration, #16 Exhibit N to Kane Declaration, #17 Exhibit O to Kane Declaration, #18 Exhibit P to Kane Declaration, #19 Exhibit Q to Kane Declaration, #20 Exhibit R to Kane Declaration, #21 Exhibit S to Kane Declaration, #22 Exhibit T to Kane Declaration, #23 Exhibit U to Kane Declaration, #24 Exhibit V to Kane Declaration) (Kane, Matthew)
July 15, 2015 Filing 267 NOTICE OF FILING TRANSCRIPT filed for proceedings 12-14-09 re Transcript #266 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY
July 15, 2015 Filing 266 TRANSCRIPT for proceedings held on 12-14-09. Court Reporter/Electronic Court Recorder: DEBRA KINNEY CLARK, RPR, CSR, phone number (509) 458-3433. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/5/2015. Redacted Transcript Deadline set for 8/15/2015. Release of Transcript Restriction set for 10/13/2015. (ha)
July 7, 2015 Opinion or Order Filing 265 CLARIFYING ORDER GRANTING MOTION TO UNSEAL TRANSCRIPT OF DECEMBER 14, 2009, HEARING by Judge Robert H. Whaley re: Order on Motion to Unseal Document, #264 . (See document for specifics.) (iva)
July 1, 2015 Opinion or Order Filing 264 ORDER GRANTING MOTION TO UNSEAL TRANSCRIPT OF DECEMBER 14, 2009, HEARING by Judge Robert H. Whaley re: #262 MOTION to Unseal Document Transcript (CV), #227 . IT IS HEREBY ORDERED: 1. Defendant McLane Companys Motion to Unseal the Transcript of the December 14, 2009 Hearing, ECF No. 262, is GRANTED. 2. The transcript of the Motion to Withdraw, ECF No. 227, from December 14, 2009, shall be unsealed in its entirety. 3. The telephonic hearing scheduled for July 7, 2015, at 10:30 a.m. is STRICKEN. (iva)
June 18, 2015 Filing 263 NOTICE filed by Defendants McLane Company Inc. of Non-Receipt of Opposition to Motion To Unseal Transcript of December 14, 2009 Hearing on Motion of Plaintiffs' Former Attorneys to Withdraw as Counsel of Record (Kane, Matthew)
June 3, 2015 Filing 262 NOTICE OF MOTION AND MOTION to Unseal Document Transcript (CV),, #227 filed by Defendant McLane Company Inc. Motion set for hearing on 7/7/2015 at 10:30 AM before Judge Robert H. Whaley. (Attachments: #1 Proposed Order)(Kane, Matthew)
March 17, 2015 Opinion or Order Filing 261 ORDER by Judge Robert H. Whaley: denying #259 Request for Review. See Order for details. (vp)
January 30, 2015 Filing 260 Objection in opposition to re: Request for Review,, Request for Relief, #259 Defendants Objection to and Motion to Strike Plaintiffs Request to Clarify Courts December 19, 2014 Order filed by Defendant McLane Company Inc. (Kane, Matthew)
January 20, 2015 Filing 259 REQUEST for Review of Court's December 19, 2014 Order re Order on Motion for Order,, #258 Plaintiffs' Request to Clarify Court's December 19, 2014 Order filed by Plaintiff Everett Seymour. (Attachments: #1 Declaration Declaration of Farris E. Ain in Support of Plaintiffs' Request to Clarify Court's Dec. 19, 2014 Order)(Hafif, Greg)
December 19, 2014 Opinion or Order Filing 258 ORDER by Judge Robert H. Whaley: GRANTING DEFENDANTS RENEWED MOTION FOR ORDER ASSIGNING PLAINTIFFS NON-MALPRACTICE INDEMNITY CLAIMS AGAINST THEIR PRIOR COUNSEL granting #255 Motion for Order. The following rights are assigned by Plaintiffs to Defendants: Plaintiffs cause of action alleging breach of contract and fraudulent inducement, and resulting right to payment, against Marc D. Roberts and the Marc D. Roberts & Associates law firm. The assignment is only to the extent necessary to satisfy Plaintiffs money judgment and interest accrued thereunder. The hearing currently set for December 22, 2014 is STRICKEN. (See Order for Details). (vp)
December 8, 2014 Filing 257 REPLY in Support of Renewed Motion For Order Assigning Plaintiffs Non-Malpractice Indemnity Claims Against Their Prior Counsel filed by Defendant McLane Company Inc. (Kane, Matthew)
December 1, 2014 Filing 256 OPPOSITION to MOTION for Order for Assigning Plaintiffs' Non-Malpractice Indemnity Claims Against Their Prior Counsel #255 filed by Plaintiff Everett Seymour. (Attorney Greg K Hafif added to party Everett Seymour(pty:pla))(Hafif, Greg)
November 21, 2014 Filing 255 NOTICE OF MOTION AND MOTION for Order for Assigning Plaintiffs' Non-Malpractice Indemnity Claims Against Their Prior Counsel filed by Defendant McLane Company Inc. Motion set for hearing on 12/22/2014 at 10:00 AM before Judge Robert H. Whaley. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Proposed Order)(Kane, Matthew)
April 23, 2014 Filing 254 Mail Returned addressed to Everett Seymour re Order #253 (lc)
March 27, 2014 Opinion or Order Filing 253 ORDER DENYING DEFENDANTS AMENDED MOTION FOR ASSIGNMENT ORDER by Judge Robert H. Whaley re: MOTION to Amend MOTION for Order for Assignment #251 #252 , and MOTION for Order for Assignment #251 . IT IS HEREBY ORDERED: 1. Defendants Amended Motion for Assignment Order, ECF No. 252, is DENIED. 2. Defendants Motion for Assignment Order, ECF No. 251, is DENIED. 3. The hearing currently set for March 31, 2014 is STRICKEN. (mrgo)
February 25, 2014 Filing 252 NOTICE OF MOTION AND MOTION to Amend MOTION for Order for Assignment #251 filed by Defendants McLane Company Inc. Motion set for hearing on 3/31/2014 at 10:00 AM before Judge Robert H. Whaley. (Attachments: #1 Declaration of Matthew C. Kane, #2 Proposed Order)(Kane, Matthew)
February 24, 2014 Filing 251 NOTICE OF MOTION AND MOTION for Order for Assignment filed by Defendants Gary Johnson, McLane Company Inc. Motion set for hearing on 3/24/2014 at 10:00 AM before Judge Robert H. Whaley. (Attachments: #1 Declaration of Matthew C. Kane, #2 Proposed Order)(Kane, Matthew) Modified on 3/27/2014 (mrgo).
February 4, 2014 Filing 250 ABSTRACT of Judgment issued in favor of Defendant McLane Company Inc and against David Johnson in the principal amount of $ 0.00, interest in the amount of $ 6560.47, attorneys fees of $ 22434.81, costs of $ 860305.25. RE: Order on Motion for Attorney Fees #218 . (adu)
February 4, 2014 Filing 249 ABSTRACT of Judgment issued in favor of Defendant McLane Company Inc and against Everett Seymour in the principal amount of $ 0.00, interest in the amount of $ 7739.06, attorneys fees of $ 31631.82, costs of $ 1009549.00. RE: Order on Motion for Attorney Fees #218 . (adu)
January 17, 2014 Filing 248 WRIT of Execution issued. The pending REQUEST for Writ of of Execution #246 and associated hearing date have been terminated. (mrgo)
January 17, 2014 Filing 247 WRIT of Execution issued. The pending REQUEST for Writ of of Execution #245 and associated hearing date have been terminated. (mrgo)
December 31, 2013 Filing 246 REQUEST for Writ of of Execution filed by Defendants Gary Johnson, McLane Company Inc. (Attachments: #1 Affidavit and Request for Issuance of Writ of Execution)(Kane, Matthew)
December 31, 2013 Filing 245 REQUEST for Writ of of Execution filed by Defendants Gary Johnson, McLane Company Inc. (Attachments: #1 Affidavit and Request for Issuance of Writ of Execution)(Kane, Matthew)
June 13, 2013 Filing 244 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #209 CCA # 11-55351. The decision of the district court is affirmed. Mandate received in this district on 6/13/2013. (dmap)
October 18, 2011 Opinion or Order Filing 243 MEMORANDUM AND ORDER RE: Statement of the Evidence or Proceedings With Respect to the 7/13/10 Telephonic Scheduling Conference by Magistrate Judge Charles F. Eick. After considering the parties' differing recreations or reconstructions of the 7/13/10 telephonic scheduling conference, the Magistrate Judge finds that the Defendants' "Paraphrased Reconstruction of Hearing Transcript" comports more closely to the Magistrate Judge's recollection of what was actually said at the scheduling conference. (See document for further information.) (sp)
September 26, 2011 Filing 242 REPLY filed by Plaintiff Everett Seymour to Defendant's Objections #237 . (ad)
September 16, 2011 Filing 241 NOTICE of Change of Attorney Information for attorney Phillip K Cha counsel for Defendant McLane Company Inc. Phillip K. Cha will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Phillip K. Cha is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant McLane Company (Cha, Phillip)
September 14, 2011 Opinion or Order Filing 240 AMENDED ORDER OF REFERENCE by Judge Robert H. Whaley: (see document image for further details). (ad)
September 14, 2011 Opinion or Order Filing 239 MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick. The Magistrate Judge is in receipt of the "Order of Reference," filed 9/13/11, and "Defendants' and Appellees' Objections and Proposed Amendments to Plaintiffs' Appellants' 'FRAP, Rule 10.(C) 7-13-2010 the Recreation of the Transcript'", filed 8/19/11. Plaintiff shall file a Reply to the "Proposed Amendments by Defendants/Appellees" within 30 days of the date of this Order. At that time, the Magistrate Judge will take the matter under submission without oral argument, unless otherwise ordered. If Plaintiffs contend that there exist any material inaccuracies or material omissions in Defendants' "Paraphrased Reconstruction of Hearing Transcript" set forth in the right-hand columns of pages 2-3 of the "Proposed Amendments by Defendants/Appellees," then Plaintiffs' Reply shall specify each such alleged material inaccuracy and each such alleged material omission. (sp)
September 13, 2011 Opinion or Order Filing 238 ORDER OF REFERENCE by Judge Robert H. Whaley. Plaintiffs have appealed this Courts order granting Defendants summary judgment. To supplement the record for that appeal, Plaintiffs have filed a recreation of the transcript for a telephone conference held before Magistrate Judge Eick on July 13, 2010. Defendants have filed objections to Plaintiffs characterization of the proceedings. In this circumstance, FRAP 10(c) requires the district court to resolve these differences and submit a statement of the evidence for inclusion in the appellate record. The Court understands that no transcript or audio recording of the proceedings exists due to a mechanical failure of the recording device. Without any kind of memorialization, this Court cannot resolve Plaintiffs request or Defendantsobjections because it did not preside over the hearing. Therefore, this matter is referred to Magistrate Judge Eick for a settlement and approval consistent with FRAP 10(c). (mrgo)
August 19, 2011 Filing 237 OBJECTIONS and Proposed Amendments to Plaintiffs'/Appellants' "FRAP, Rule 10.(C) 7-13-2010 The Recreation of the Transcript" filed by Defendant McLane Company Inc. (Attachments: #1 Declaration of David A. Wimmer)(Kane, Matthew)
July 7, 2011 Opinion or Order Filing 236 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #209 filed by Everett Seymour, CCA # 11-55351. Appellants' request that the court throw out all ruling[s] made at the end of the case in district court is construed as a motion for summary reversal of the district court's January 19, 2011 judgment. So construed, the motion is denied. Appellants' request for an investigation related to the tape recording of proceedings conducted on July 13, 2010 is denied. This denial is without prejudice to the filing of a statement of evidence pursuant to Fed. R. App. P. 10 (c). The opening brief and excerpts of record are due August 8, 2011; the answering brief is due September 7, 2011; and the optional reply brief is due within 14 days after service of the answering brief. Order received in this district on 7/07/2011. (lr)
June 15, 2011 Filing 234 NOTICE OF FILING TRANSCRIPT filed for proceedings 09-21-2010 9:24 a.m. (dc)
June 15, 2011 Filing 233 TRANSCRIPT for proceedings held on 09-21-2010 9:24 a.m.. Court Reporter/Electronic Court Recorder: Tracey L. Kuhlin, phone number 310-475-0209. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/6/2011. Redacted Transcript Deadline set for 7/16/2011. Release of Transcript Restriction set for 9/13/2011. (dc)
June 13, 2011 Opinion or Order Filing 235 NOTICE OF DISCREPANCY AND ORDER: by Judge Robert H. Whaley, ORDERING motion to set aside summary judgment and attorney fee judgments submitted by Plaintiffs David Johnson, Ronald Sellers, Everett Seymour received on 6/6/11 is not to be filed but instead rejected. Denial based on: Appeal pending. (mrgo)
May 17, 2011 Filing 232 NOTICE OF FILING TRANSCRIPT filed for proceedings 02-16-2010 and 01-10-2011 (Lanza, Theresa)
May 17, 2011 Filing 231 TRANSCRIPT for proceedings held on Monday, 01-10-2011; 8:01 AM. Court Reporter: Theresa Lanza, phone number www.theresalanza.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/7/2011. Redacted Transcript Deadline set for 6/17/2011. Release of Transcript Restriction set for 8/15/2011. (Lanza, Theresa)
May 17, 2011 Filing 230 TRANSCRIPT for proceedings held on Tuesday, 02-16-2010; 11:10 AM. Court Reporter: Theresa Lanza, phone number www.theresalanza.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/7/2011. Redacted Transcript Deadline set for 6/17/2011. Release of Transcript Restriction set for 8/15/2011. (Lanza, Theresa)
April 28, 2011 Filing 229 BILL OF COSTS. Costs Taxed in amount of $ 31631.82 in favor of McLane Company, Inc. et al. and against Seymour & McElroy. RE: #201 (mb)
April 27, 2011 Filing 228 NOTICE OF FILING TRANSCRIPT filed for proceedings 12/14/2009 1:45pm (ml)
April 27, 2011 Filing 227 SEALED DOCUMENT - TRANSCRIPT for proceedings held on 12/14/2009 1:45pm. Court Reporter/Electronic Court Recorder: Debra Kinney Clark, phone number(509) 458-3433. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/18/2011. Redacted Transcript Deadline set for 5/28/2011. Release of Transcript Restriction set for 7/26/2011. (ml) Modified on 7/26/2011 (cbr).
April 27, 2011 Opinion or Order Filing 226 MINUTE ORDER IN CHAMBERS by Judge Robert H. Whaley: RE: SEALED TRANSCRIPT. The Court seals a portion of the transcript from the Telephonic Scheduling Conference held on December 14, 2009. The portion to be sealed, as to Defendants only, is regarding the Motion to Withdraw. (mrgo)
April 26, 2011 Filing 225 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/2/2010 at 1:30 p.m. (mw)
April 26, 2011 Filing 224 TRANSCRIPT for proceedings held on 8/2/2010; 1:30 p.m.. Court Reporter/Electronic Court Recorder: Huntington Court Reporters and Transcription, Inc., phone number (626) 792-7250. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/17/2011. Redacted Transcript Deadline set for 5/27/2011. Release of Transcript Restriction set for 7/25/2011. (mw)
April 21, 2011 Filing 223 NOTICE OF FILING TRANSCRIPT filed for proceedings 6/22/2010 3:15 p.m. (mo)
April 21, 2011 Filing 222 TRANSCRIPT for proceedings held on 6-22-2010 3:15 P.M.. Court Reporter/Electronic Court Recorder: Walter Ledge, phone number (909) 673-7678. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/12/2011. Redacted Transcript Deadline set for 5/22/2011. Release of Transcript Restriction set for 7/20/2011. (Ledge, Walter)
April 19, 2011 Filing 221 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/1/10 A.M. (mw)
April 19, 2011 Filing 220 TRANSCRIPT for proceedings held on November 1, 2010, A.M.. Court Reporter/Electronic Court Recorder: Ronelle F. Corbey, #2968, phone number (509) 458-5283. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/10/2011. Redacted Transcript Deadline set for 5/20/2011. Release of Transcript Restriction set for 7/18/2011. (mw)
March 31, 2011 Filing 219 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 12/14/09; 2/16/10; 3/30/10; 6/22/10; 7/13/10; 8/2/10; 9/17/10; 9/21/10; 11/1/10; 1/10/11; Court Reporter: Clark; Lanza; Ledge; Kuhlin; Corbey; Court of Appeals Case Number: 11-55351; Re: #212 (Kane, Matthew)
March 29, 2011 Opinion or Order Filing 218 ORDER GRANTING DEFENDANTS MOTION FOR ATTORNEYS FEES by Judge Robert H. Whaley: IT IS HEREBY ORDERED: Defendants Motion for Attorney Fees (Ct. Rec. 200) is GRANTED. The District Court Executive is directed to enter judgment against Plaintiffs and in favor of Defendants on each of Plaintiffs causes of action. Pursuant to Cal. Labor Code 218.5, Defendants are awarded attorneysfees in the following amounts: a. $860,305.25 against Plaintiff Johnson, joint and several; and b. $1,009,549.00 against Plaintiffs Seymour and McElroy, joint and several. #200 (am)
March 7, 2011 Filing 217 MINUTES OF TELEPHONIC MOTION HEARING held before Judge Robert H. Whaley: COURT will issue an Order.Court Reporter: Mark Snover. (ad)
March 7, 2011 Filing 216 Amendment to MOTION for Attorney Fees Defendants' Motion for Award of Attorneys' Fees Against Plaintiffs Seymour and McElroy and Supplemental Brief Re Apportionment of Fees Among All Plaintiffs and Claims: (1) Notice of Motion; (2) Request for Judicia MOTION for Attorney Fees Defendants' Motion for Award of Attorneys' Fees Against Plaintiffs Seymour and McElroy and Supplemental Brief Re Apportionment of Fees Among All Plaintiffs and Claims: (1) Notice of Motion; (2) Request for Judicia MOTION for Attorney Fees Defendants' Motion for Award of Attorneys' Fees Against Plaintiffs Seymour and McElroy and Supplemental Brief Re Apportionment of Fees Among All Plaintiffs and Claims: (1) Notice of Motion; (2) Request for Judicia MOTION for Attorney Fees Defendants' Motion for Award of Attorneys' Fees Against Plaintiffs Seymour and McElroy and Supplemental Brief Re Apportionment of Fees Among All Plaintiffs and Claims: (1) Notice of Motion; (2) Request for Judicia #200 Defendants' Notice Of Errata Regarding And Filing Of Exhibits 1 And 2 Missing From Declaration Of James P. Schratz In Support Of Defendants' Motion For Award Of Attorneys Fees Against Plaintiffs Everett Seymour And David McElroy [Dkt. #200-3] filed by Defendant McLane Company Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kane, Matthew)
March 4, 2011 Filing 215 NOTIFICATION by Circuit Court of Appellate Docket Number 11-55351, 9TH CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #209 as to Plaintiff Everett Seymour. (lr)
March 4, 2011 Filing 213 NOTICE OF CLERICAL ERROR: Due to clerical error the notice of clerical error erroneously states to see document number 210 for the image of the receipt. Please see document number 214 for an image of the receipt. Re: Notice of Clerical Error (G-11), #210 . (dmap)
March 4, 2011 Filing 211 NOTICE OF CLERICAL ERROR: Due to clerical error the docket erroneously reflects the Notice of Appeal filed date as 3/1/2011. The correct filed date of the Notice of Appeal is 3/2/2011. The Notice of Appeal will be re docketed with the correct file date of 3/2/2011. Re: Notice of Appeal to 9th Circuit Court of Appeals #209 . (dmap)
March 4, 2011 Filing 210 NOTICE OF CLERICAL ERROR: Due to clerical error the image is not attached to the docket entry, see document number 210 for the image of the receipt. Re: Appeal Fees Paid. (dmap)
March 3, 2011 Filing 208 NOTICE OF NON-RECEIPT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION FOR AWARD OF ATTORNEYS' FEES AGAINST PLAINTIFFS SEYMOUR AND MCELROY AND SUPPLEMENTAL BRIEF RE APPORTIONMENT OF FEES AMONG ALL PLAINTIFFS AND CLAIMS re MOTION for Attorney Fees Defendants' Motion for Award of Attorneys' Fees Against Plaintiffs Seymour and McElroy and Supplemental Brief Re Apportionment of Fees Among All Plaintiffs and Claims: (1) Notice of Motion; (2) Request for Judicia MOTION for Attorney Fees Defendants' Motion for Award of Attorneys' Fees Against Plaintiffs Seymour and McElroy and Supplemental Brief Re Apportionment of Fees Among All Plaintiffs and Claims: (1) Notice of Motion; (2) Request for Judicia MOTION for Attorney Fees Defendants' Motion for Award of Attorneys' Fees Against Plaintiffs Seymour and McElroy and Supplemental Brief Re Apportionment of Fees Among All Plaintiffs and Claims: (1) Notice of Motion; (2) Request for Judicia MOTION for Attorney Fees Defendants' Motion for Award of Attorneys' Fees Against Plaintiffs Seymour and McElroy and Supplemental Brief Re Apportionment of Fees Among All Plaintiffs and Claims: (1) Notice of Motion; (2) Request for Judicia #200 filed by Defendants Gary Johnson, McLane Company Inc. (Kane, Matthew)
March 3, 2011 Filing 207 NOTICE Of Reset Hearing On Defendants' Motion For Award Of Attorneys' Fees Against Plaintiffs Seymour And McElroy And Supplemental Brief Re Apportionment Of Fees Among All Plaintiffs And Claims filed by Defendants Gary Johnson, McLane Company Inc. (Kane, Matthew)
March 2, 2011 Filing 214 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #212 as to Plaintiff Everett Seymour; Receipt Number: RS000912 in the amount of $455. (dmap)
March 2, 2011 Filing 212 NOTICE OF APPEAL to the 9th CCA filed by plaintiff Everett Seymour. Appeal of Order on Motion for Summary Judgment #198 . Filed On: 01/18/2011; Entered On: 01/19/2011; Filing fee $ 455 paid. (dmap) Modified on 11/10/2016 (mat).
March 2, 2011 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #209 as to Plaintiff Everett Seymour; Receipt Number: RS000912 in the amount of $455. (dmap)
March 2, 2011 Filing 206 NOTICE OF FILING TRANSCRIPT filed for proceedings Tuesday, 03/30/2010; 11:41 AM (Lanza, Theresa)
March 2, 2011 Filing 205 TRANSCRIPT for proceedings held on Tuesday, 03/30/2010; 11:41 AM. Court Reporter: Theresa Lanza, phone number www.theresalanza.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/23/2011. Redacted Transcript Deadline set for 4/2/2011. Release of Transcript Restriction set for 5/31/2011. (Lanza, Theresa)
March 1, 2011 Filing 209 NOTICE OF APPEAL to the 9th CCA filed by plaintiff Everett Seymour. Appeal of Order on Motion for Summary Judgment #198 . Filed On: 01/18/2011; Entered On: 01/19/2011; Filing fee $ 455 paid. (dmap)
February 28, 2011 Opinion or Order Filing 204 MINUTE ORDER IN CHAMBERS RE HEARING ON PLAINTIFFS MOTION FOR ATTORNEYS FEES (NO. 200) by Judge Robert H. Whaley: Counsel are advised that the Plaintiffs Motion for Attorneys Fees (No. 200) set for Wednesday, March 9, 2011, is reset for Monday, March 7, 2011, at 9:00 a. m. The hearing will be conducted by telephone. The parties shall call the court conference line at (509)458-6382 to participate in the hearing. (am)
February 17, 2011 Filing 203 NOTICE OF FILING TRANSCRIPT filed for proceedings 9/17/2010 8:15am (ml)
February 17, 2011 Filing 202 TRANSCRIPT for proceedings held on 9/17/2010 8:15am. Court Reporter/Electronic Court Recorder: Debra Kinney Clark, phone number (509) 458-3433. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/10/2011. Redacted Transcript Deadline set for 3/20/2011. Release of Transcript Restriction set for 5/18/2011. (ml)
February 2, 2011 Filing 201 APPLICATION to the Clerk to Tax Costs against Plaintiffs Everett Seymour filed by Defendant McLane Company Inc. Application set for hearing on 2/18/2011 at 10:00 AM before Clerk of Court. (Attachments: #1 Bill of Costs)(Kane, Matthew)
January 31, 2011 Filing 200 NOTICE OF MOTION AND MOTION for Attorney Fees Defendants' Motion for Award of Attorneys' Fees Against Plaintiffs Seymour and McElroy and Supplemental Brief Re Apportionment of Fees Among All Plaintiffs and Claims: (1) Notice of Motion; (2) Request for Judicial Notice; (3) Memorandum of Points and Authorities; (4) Declarations of Matthew C. Kane, David A. Wimmer and James P. Schratz; (5) Proposed Order filed by Defendants McLane Company Inc. Motion set for hearing on 3/9/2011 at 10:00 AM before Judge Robert H. Whaley. (Attachments: #1 Declaration of Matthew C. Kane, #2 Declaration of David A. Wimmer, #3 Declaration of James P. Schratz, #4 Proposed Order, #5 Proof of Service - Plaintiffs Seymour & McElroy, #6 Proof of Service - Plaintiff Johnson)(Kane, Matthew)
January 18, 2011 Opinion or Order Filing 198 ORDER by Judge Robert H. Whaley: granting defendant's #178 Motion for Summary Judgment. IT IS HEREBY ORDERED: 1. Defendants Motion for Summary Judgment (Ct. Rec. 178) is GRANTED. 2. Defendants Motion for Attorneys Fees (Ct. Rec. 151) is GRANTED in part. On or before January 31, 2011, Defendants shall submit a supplemental brief that: (1) apportions fees between Plaintiffs first cause of action and all others, and/or explains why apportionment is not possible; and (2) apportions fees between individual Plaintiffs to the extent possible. MD JS-6. Case Terminated. (mrgo)
January 10, 2011 Filing 199 MINUTES OF Telephonic Motion Hearing held before Judge Robert H. Whaley: Counsel does not have any additional argument. Briefing has been submitted. D. McElroy presents argument. COURT will issue an Order.Court Reporter: Theresa Lanza. (mrgo) Modified on 1/31/2011 (mrgo).
December 27, 2010 Filing 197 REPLY In Support Of Defendants' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment filed by Defendant McLane Company Inc. (Attachments: #1 Evidentiary Objections to and Motion to Strike the Declaration of Everett Seymour in Support of Plaintiffs' "Response" to Defendants' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment)(Kane, Matthew)
December 27, 2010 Opinion or Order Filing 196 MINUTE ORDER IN CHAMBERS RE: MOTION HEARING by Judge Robert H. Whaley: Counsel are notified that Defendants Motion for Summary Judgment (No. 178) Hearing set for Monday, January 10, 2011, at 10:30 a. m., is reset to Monday, January 10,2011, at 8:00 a. m. (am)
December 9, 2010 Opinion or Order Filing 195 ORDER GRANTING DEFENDANTS MOTION TO VACATE TRIAL AND PRETRIAL DATES by Judge Robert H. Whaley: IT IS HEREBY ORDERED: 1. Plaintiffs Motions to Vacate (Ct. Recs. 187 and 188) are DENIED. 2. Defendants Ex Parte Application for an Order Vacating Trial and Pretrial Conference Dates (Ct. Rec. 190) is GRANTED. 3. The jury trial set for January 31, 2011, and the pretrial conference set forJanuary 10, 2011, are STRICKEN. All pretrial deadlines in the Courts Scheduling Order (Ct. Rec. 148) are suspended until further notice. 4. Defendants may file a reply to Plaintiffs Memorandum in Opposition to Motion for Summary Adjudication (Ct. Rec. 193) on or before December 27, 2010. 5. The motion hearing set for December 17, 2010, is continued to January 10, 2011, at 10:30 a.m. in Riverside, California. #187 #188 #190 (am)
December 6, 2010 Filing 194 RESPONSE to defendants Motion for Summary Judgment or alternatively partial Summary Judgment filed by Plaintiff Everett Seymour. (am)
December 6, 2010 Filing 193 MEMORANDUM in Opposition to Motion for Summary Adjudication filed by Plaintiff Everett Seymour. (am)
December 6, 2010 Filing 192 SUPPLEMENTAL STATEMENT of of disputed material facts in support of opposition to for Summary Judgment or, Alternatively, Partial Summary Judgment filed by Plaintiff Everett Seymour. (am)
November 24, 2010 Filing 191 DECLARATION of David A Wimmer in support of EX PARTE APPLICATION for Order for For An Order Vacating Trial and Pretrial Conference Dates Including All Related PreTrial Deadlines #190 filed by Defendant McLane Company Inc. (Cha, Phillip)
November 24, 2010 Filing 190 EX PARTE APPLICATION for Order for For An Order Vacating Trial and Pretrial Conference Dates Including All Related PreTrial Deadlines filed by defendants McLane Company Inc. (Attachments: #1 Proposed Order Granting Defendants Ex Parte Application For An Order Vacating Trial and Pretrial Conference Dates Including Related Pretrial Deadlines)(Cha, Phillip)
November 23, 2010 Filing 189 OPPOSITION DEFENDANTS' RESPONSE TO PLAINTIFF EVERETT SEYMOUR'S MOTION TO VACATE MOTION FOR SUMMARY JUDGMENT AND NOTICE OF PLAINTIFFS' NON-OPPOSITION TO MOTION FOR SUMMARY JUDGMENT filed by Defendant McLane Company Inc. (Cha, Phillip)
November 12, 2010 Filing 188 NOTICE OF MOTION AND MOTION to Vacate Defendants Motion for Summary Judgement, or alternatively, for Partial Summary Judgment for Improper Service of Process and Violation of Federal Rule of Civil Procedure 5-3.1 and Violating Court Order Dated 9/17/10, filed by plaintiffs Everett Seymour. Lodged order. (mrgo)
November 12, 2010 Filing 187 NOTICE OF MOTION AND MOTION to Vacate Defendants Motion for Summary Judgment or, alternatively, for Partial Summary Judgment; and for Improper Service of Process and Violation of Federal Rule of Civil Procedure 4 and 5 and Violation Court Order Dated 9/17/10, filed by plaintiff Everett Seymour. (mrgo)
November 10, 2010 Filing 186 NOTICE RESETTING MOTION HEARING. Motion reset for hearing on 12/17/2010 at 02:00 PM before Judge Robert H. Whaley. (mrgo)
November 1, 2010 Opinion or Order Filing 185 ORDER by Judge Robert H. Whaley, GRANTING DEFENDANT'S MOTION to AMEND AFFIRMATIVE DEFENSES #174 . (See document for specifics) (mrgo)
November 1, 2010 Filing 184 MINUTES OF Telephonic Motion Hearing held before Judge Robert H. Whaley: COURT rules on #174 Motion to Amend Complaint. Grant Motion to Amend Complaint. Court Reporter: Ronelle Corbey. (ad)
October 28, 2010 Filing 183 NOTICE OF MOTION Notice of Reset Hearing on Defendant's Motion for Summary Judgment or, Alternatively, Partial Summary Judgment filed by Defendant McLane Company Inc. Motion set for hearing on 12/17/2010 at 10:30 AM before Judge Robert H. Whaley. (Kane, Matthew)
October 28, 2010 Filing 182 DECLARATION of Matthew C. Kane re Notice (Other) #180 Declaration of Matthew C. Kane in Response to Plaintiff Everett Seymour's Notice of Rules Violation by Defendants (Dkt. #180) filed by Defendant McLane Company Inc. (Kane, Matthew)
October 28, 2010 Filing 181 AMENDED PROOF OF SERVICE RE: SERVICE OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, FOR PARTIAL SUMMARY JUDGMENT (DKT. #178) BY BOTH U.S. MAIL AND FEDERAL EXPRESS re filed by Defendants Gary Johnson, McLane Company Inc. (Kane, Matthew)
October 26, 2010 Filing 180 NOTICE of rules violation by defendants filed by plaintiff Everett Seymour. (am)
October 19, 2010 Opinion or Order Filing 179 MINUTE ORDER IN CHAMBERS RE: DEFENDANT, MCLANE COMPANY INC.S MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFFS FIRST AMENDED COMPLAINT by Judge Robert H. Whaley: Counsel are advised that the above-mentioned motion set for December 16, 2010, at 2:00 p. m., is reset for December 17, 2010, at 10:30 a.m., at the following address: George E. Brown Courthouse, United States District Court, 3470 Twelfth Street, Riverside, California, 95201before Judge Robert H. Whaley (am)
October 18, 2010 Filing 178 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' First Amended Complaint Defendants' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment (Notice of Motion, Request for Judicial Notice and Memorandum of Points and Authorities) filed by Defendant McLane Company Inc. Motion set for hearing on 12/16/2010 at 02:00 PM before Judge Robert H. Whaley. (Attachments: #1 Declaration of David A. Wimmer, #2 Exhibit A to Wimmer Declaration, #3 Exhibit B to Wimmer Declaration, #4 Exhibit C to Wimmer Declaration, #5 Exhibit D to Wimmer Declaration, #6 Exhibit E to Wimmer Declaration, #7 Exhibit F to Wimmer Declaration, #8 Exhibit G to Wimmer Declaration, #9 Exhibit H to Wimmer Declaration, #10 Exhibit I to Wimmer Declaration, #11 Exhibit J to Wimmer Declaration, #12 Proposed Order Proposed Statement of Uncontroverted Facts and Conclusions of Law, #13 Proposed Order Granting Summary Judgment, #14 Proposed Judgment)(Kane, Matthew)
October 12, 2010 Filing 177 RESPONSE TO MOTION FOR LEAVE TO AMEND AFFIRMATIVE DEFENSES #174 filed by Plaintiff Everett Seymour. (am)
October 7, 2010 Opinion or Order Filing 176 MINUTE ORDER IN CHAMBERS RE: TELEPHONIC PRETRIAL CONFERENCE by Judge Robert H. Whaley:, ORDER by Judge Robert H. Whaley: Counsel are advised that the Telephonic Pretrial Conference set for January 13, 2011, is reset for January 10, 2011, at 10:30 a. m. The hearing may be in person or by telephone. The parties shall contact the Court if they believe that an in-person hearingwould be appropriate. If appearing telephonically, the parties shall call the court conference line at (509)458-6382 to participate in the hearing. (am)
October 1, 2010 Filing 174 NOTICE OF MOTION AND MOTION to AMEND AFFIRMATIVE DEFENSES filed by Defendants Gary Johnson, McLane Company Inc. Motion set for hearing on 11/1/2010 at 09:00 AM before Judge Robert H. Whaley. (Attachments: #1 Declaration of David A. Wimmer, #2 Proposed Order)(Swerdlow, Janet)
September 24, 2010 Filing 175 NOTICE of Non Compliance to Court Order by Attorneys for Defendants filed by plaintiff Everett Seymour. (am)
September 21, 2010 Filing 173 MINUTES OF Telephonic Motion Hearing held before Judge Robert H. Whaley: The parties may file any motions they believe are appropriate after the depositions.Court Reporter: N/A. (mrgo)
September 17, 2010 Opinion or Order Filing 172 ORDER by Judge Robert H. Whaley, GRANTING EX PARTE APPLICATION for Order Compelling Plaintiffs' Depositions #169 . (See document for specifics) (mrgo)
September 17, 2010 Filing 171 MINUTES OF Telephonic Motion Hearing held before Judge Robert H. Whaley RE: EX PARTE APPLICATION for Order for Compelling Plaintiffs' Depositions #169 . Court orders plaintiff to attend the depositions on Monday or Tuesday. Court sets depositions on Tuesday, September 21, 2010, at 9:00 am to 12:00 pm for E Seymour and 1:00 pm to 4:00 pm for D McElroy. Court extends motions deadline4 30 days. Court Reporter: Debra Clark. (mrgo)
September 14, 2010 Filing 170 NOTICE of Time Change for Hearing on Defendants' Ex Parte Application for Order Compelling Plaintiffs' Depositions filed by Defendant McLane Company Inc. (Wimmer, David)
September 13, 2010 Filing 169 EX PARTE APPLICATION for Order for Compelling Plaintiffs' Depositions filed by Defendants Gary Johnson, McLane Company Inc. (Attachments: #1 Declaration Declaration of David Wimmer in Support of Ex Parte Application, #2 Proposed Order Proposed Order Granting Ex Parte Application)(Swerdlow, Janet)
August 5, 2010 Filing 168 STIPULATION to Dismiss Plaintiff Ronald Sellers filed by Defendant McLane Company Inc.(Wimmer, David)
August 2, 2010 Filing 167 MINUTES OF Settlement Conference held before Magistrate Judge Charles F. Eick. Case called. Appearances made. The Court hears discussion. Parties retire to chambers to proceed with the settlement conference. Case settled as to Plaintiff Ronald Sellers only.Court Recorder: Courtsmart. (sp)
July 13, 2010 Filing 166 MINUTES OF Telephone Conference held before Magistrate Judge Charles F. Eick. Case called. Appearances made. The Court hears discussion. The settlement conference is set for 8/2/10 at 1:30 p.m. before Magistrate Judge Charles F. Eick.Tape #: 7/13/10. (sp)
July 13, 2010 Opinion or Order Filing 165 SETTLEMENT CONFERFENCE ORDER by Magistrate Judge Charles F. Eick. The settlement conference is set for Monday, 8/2/10, at 1:30 p.m., in Courtroom 20, U.S. Courthouse, 312 N. Spring St., Los Angeles, CA. A settlement conference statement of each party must be submitted directly to chambers of the settlement judge, Room 342, no later than 7/26/10. (sp)
June 25, 2010 Filing 163 BILL OF COSTS. Costs Taxed in amount of $ 22,434.81 in favor of McLane Company and against Daivd Johnson. RE: #151 , #131 , #149 , #138 (mb)
June 22, 2010 Filing 164 MINUTES OF Motion Hearing held before Judge Robert H. Whaley: COURT addresses counsel. M. Kane presents argument. COURT will issue an Order.Court Recorder: Walter Ledge. (am)
June 17, 2010 Opinion or Order Filing 162 ORDER OF REFERENCEby Judge Robert H. Whaley: IT IS HEREBY ORDERED that the above-captioned matter is referred to Magistrate Judge Charles Eick for a settlement conference. The parties are directed to contact Magistrate Judge Eicks chambers directly to schedule the conference. (am)
June 14, 2010 Filing 161 DECLARATION of Matthew C. Kane In Support Of MOTION for Attorney Fees Defendants' Motion for Award of Attorneys' Fees Against Plaintiff David Johnson #151 Defendants' Amended Supplemental Declaration of Matthew C. Kane in Support of Motion for Award of Attorneys' Fees Against Plaintiff David Johnson filed by Defendant McLane Company Inc. (Kane, Matthew)
June 11, 2010 Filing 160 NOTICE OF ERRATA filed by Defendant McLane Company Inc. correcting Notice (Other), Notice (Other) #158 Defendants' Notice of Errata Re: Docket Entry #158 (Kane, Matthew)
June 11, 2010 Filing 159 SUPPLEMENT to MOTION for Attorney Fees Defendants' Motion for Award of Attorneys' Fees Against Plaintiff David Johnson #151 Defendants': 1) Notice of Non-Receipt of Opposition to Motion for Award of Attorneys' Fees Against Plaintiff David Johnson; and 2) Supplemental Declaration of Matthew C.Kane in Support of Motion for Award of Attorneys' Fees Against Plaintiff David Johnson filed by Defendant McLane Company Inc. (Kane, Matthew)
June 11, 2010 Filing 158 NOTICE filed by Defendant McLane Company Inc. of 1) Non-Receipt of Opposition to Motion for Award of Attorneys' Fees against Plaintiff David Johnson; and 2) Supplemental Declaration of Matthew C. Kane in Support of Motion for Award of Attorneys' Fees Against Plaintiff David Johnson (Kane, Matthew)
May 27, 2010 Filing 157 RESPONSE filed by Plaintiff Everett Seymour to Court's 4/30/10, Scheduling Order, #148 . (mrgo)
May 25, 2010 Opinion or Order Filing 156 ORDER DENYING PLAINTIFFS REQUEST FOR DECLARATORY JUDGMENT by Judge Robert H. Whaley: IT IS HEREBY ORDERED that Plaintiff Seymours Request for Declaratory Judgment to the Payment of Defense Attorneys Fees and Costs (Ct. Rec. 146) is DENIED. 146] (am)
May 24, 2010 Filing 155 RESPONSE filed by Defendant McLane Company Incto Order, Set Deadlines/Hearings,, #148 TO COURT'S APRIL 30, 2010 SCHEDULING ORDER (Wimmer, David)
May 17, 2010 Filing 154 DECLARATION of James P. Schratz In Support Of MOTION for Attorney Fees Defendants' Motion for Award of Attorneys' Fees Against Plaintiff David Johnson #151 filed by Defendant McLane Company Inc. (Attachments: #1 Exhibit Exhibit 1 to Schratz Declaration I/S/O Motion for Attorneys' Fees, #2 Exhibit Exhibit 2 to Schratz Declaration I/S/O Motion for Attorneys' Fees)(Kane, Matthew)
May 17, 2010 Filing 153 DECLARATION of David A. Wimmer In Support Of MOTION for Attorney Fees Defendants' Motion for Award of Attorneys' Fees Against Plaintiff David Johnson #151 filed by Defendant McLane Company Inc. (Attachments: #1 Exhibit Exhibit A to Wimmer Declaration I/S/O Motion for Attorneys' Fees, #2 Exhibit Exhibit B to Wimmer Declaration I/S/O Motion for Attorneys' Fees)(Kane, Matthew)
May 17, 2010 Filing 152 DECLARATION of Matthew C. Kane In Support Of MOTION for Attorney Fees Defendants' Motion for Award of Attorneys' Fees Against Plaintiff David Johnson #151 filed by Defendant McLane Company Inc. (Attachments: #1 Exhibit Exhibit A to Kane Declaration I/S/O Motion for Attorneys' Fees, #2 Exhibit Exhibit B to Kane Declaration I/S/O Motion for Attorneys' Fees)(Kane, Matthew)
May 17, 2010 Filing 151 NOTICE OF MOTION AND MOTION for Attorney Fees Defendants' Motion for Award of Attorneys' Fees Against Plaintiff David Johnson filed by Defendants McLane Company Inc. Motion set for hearing on 6/22/2010 at 03:15 PM before Judge Robert H. Whaley. (Attachments: #1 Declaration Declaration of John K. Skousen I/S/O Motion, #2 Declaration Declaration of Nicky Jatana I/S/O Motion, #3 Declaration Declaration of Clifford P. Sethness I/S/O Motion, #4 Proposed Order [Proposed] Order Granting Motion, #5 Proof of Service of Motion and All Supporting Documents)(Kane, Matthew)
May 14, 2010 Filing 150 NOTICE of Entry of Order Dismissing Plaintiff David Johnson, re: Order, Add and Terminate Parties,, #142 , filed by Defendants Gary Johnson, McLane Company Inc. (Kane, Matthew)
May 14, 2010 Filing 149 APPLICATION to the Clerk to Tax Costs against Plaintiff David Johnson filed by Defendant McLane Company Inc. Application set for hearing on 6/3/2010 at 10:00 AM before Judge Robert H. Whaley. (Attachments: #1 Bill of Costs, #2 Proof of Service)(Kane, Matthew)
April 30, 2010 Opinion or Order Filing 148 SCHEDULING ORDER by Judge Robert H. Whaley: A telephonic scheduling conference was held on March 30, 2010. David McElroy, Everett Seymour, and Ronald Sellers appeared pro se. Sabrina Beldner appeared on behalf of the Defendants. (See Order for further details) (yl)
April 29, 2010 Opinion or Order Filing 147 ORDER GRANTING DEFENDANTS EX PARTE APPLICATION FOR EXTENSION OF TIME by Judge Robert H. Whaley:IT IS HEREBY ORDERED: 1. Defendants Ex Parte Application for Order Enlarging Time to File and Serve Motion for Attorneys Fees and Application for Costs (Ct. Rec. 145) is GRANTED. 2. Defendants shall have until May 17, 2010, to file and serve their Motion for Attorneys Fees and Application for Costs, pursuant to Fed. R. Civ. P. 54. #145 (am)
April 27, 2010 Filing 146 AMENDED REQUEST for Declaratory Judgment to the payment of defense attorney's fees and costs filed by plaintiff Everett Seymour. (Attachments: #1 Part 2)(am) Modified on 4/28/2010 (am).
April 27, 2010 Filing 145 EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File and Serve Motion for Attorneys' Fees and Application for Costs filed by Defendants McLane Company Inc. (Attachments: #1 Proposed Order Granting Ex Parte Application for Order Enlarging Time To File and Serve Motion for Attorneys Fees and Application for Costs)(Kane, Matthew)
April 26, 2010 Filing 144 REQUEST for Declaratory Judgment to the payment of defense attorneys fees and costs filed by plaintiff Everett Seymour. (Attachments: #1 Part 2)(am)
April 21, 2010 Filing 143 NOTICE of Change of Attorney Information for attorney Matthew Charles Kane counsel for Defendants Gary Johnson, McLane Company Inc.MICHELLE R. WALKER is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendants McLane Company, Inc., McLane/Suneast, Inc., McLane Southern California and Gary Johnson (Kane, Matthew)
April 19, 2010 Opinion or Order Filing 142 ORDER DISMISSING PLAINTIFF DAVID JOHNSON by Judge Robert H. Whaley: IT IS HEREBY ORDERED that Plaintiff David Johnson is DISMISSED from this matter for failure to prosecute. The District Court Executive is directed to terminate Plaintiff Johnson from this matter. David Johnson terminated. (am)
April 16, 2010 Filing 141 RESPONSE filed by Defendant McLane Company Incto Scheduling Conference,, #140 (Wimmer, David)
March 30, 2010 Filing 140 MINUTES OF Telephonic Scheduling Conference held before Judge Robert H. Whaley: COURT: File Motion to dismiss if defendants are requesting dismissal. Johnson will be dismissed. COURT sets trial on January 31, 2011. Cannot do anything regarding prior attorneys. R. Sellers asks the Court if they are liable for attorney fees. COURT instructs the parties to file a motion if requesting the Court to do something. D. McElroy asks the Court to have a magistrate appointed to help with settlement. S. Beldner indicates she would have to discuss issue with lead counsel.Court Recorder: Theresa Lanza. (am)
March 25, 2010 Filing 139 AMENDED REQUEST for Orders #138 filed by Plaintiff Everett Seymour. (mrgo)
March 16, 2010 Filing 138 REQUEST for Orders filed by plaintiffs David Johnson, Ronald Sellers, Everett Seymour. (mrgo)
March 10, 2010 Filing 137 Declaration of Diane C. Blasdel Re Plaintiffs' Most Known Recent Contact Information filed by Plaintiff Everett Seymour re: Order, Terminate Deadlines and Hearings, Set Hearings,,, #134 (Blasdel, Diane)
March 5, 2010 Filing 136 PROOF OF SERVICE filed by Defendant McLane Company Inc, re Order, Terminate Deadlines and Hearings, Set Hearings,,, #134 served on March 5, 2010. (Wimmer, David)
March 1, 2010 Opinion or Order Filing 134 ORDER VACATING ORDER TO SHOW CAUSE, INTER ALIA by Judge Robert H. Whaley: The Courts order to show cause (Ct. Rec. 128) is vacated. Prior Plaintiffs counsel Darren Daniels, Marc Roberts, and Diane Blasdel are directed to provide the Court with the most recent contact information they have on record for each of the four Plaintiffs. Status Conference set for 3/30/2010 at 01:00 PM before Judge Robert H. Whaley (am)
March 1, 2010 Filing 133 STATEMENT Re Order to Show Cause filed by Defendant McLane Company Inc re: Order to Show Cause #128 . (Wimmer, David)
February 26, 2010 Opinion or Order Filing 135 NOTICE OF DISCREPANCY AND ORDER: by Judge Robert H. Whaley, ORDERING Motion to rule on contract submitted by Plaintiff Everett Seymour received on 2/16/10 is not to be filed but instead rejected. Denial based on: Written notice of motion lacking or timeliness of notice incorrect. (am)
February 26, 2010 Filing 132 NOTICE of Change of address Changing address to 2241 N. Forest Ave, Rialto, CA 92377. Filed by Plaintiff Everett Seymour. (am)
February 25, 2010 Filing 131 MOTION to have Judge Rule on Contract between plaintiffs and Marc Roberts of attorney fees due defendants filed by plaintiff Everett Seymour. (am)
February 17, 2010 Filing 129 PROOF OF SERVICE filed by plaintiff Everett Seymour, re Ruling on Contract of plaintiffs and Marc Robert & Assoc served on 2/17/10. (am)
February 16, 2010 Filing 130 MINUTES OF Telephonic Scheduling Conference held before Judge Robert H. Whaley: proposed settlement agreement. COURT proposed to issue an Order to show cause to dismiss for failure to prosecute. D. Wimmer has no objection. Court Reporter: Theresa Lanza. (am)
February 16, 2010 Opinion or Order Filing 128 ORDER TO SHOW CAUSE by Judge Robert H. Whaley: IT IS HEREBY ORDERED: On or before 2/26/2010, Plaintiffs show cause in writing why this case should not be dismissed for failure to prosecute. (am)
January 21, 2010 Filing 127 Settlement Papers that we cannot sign because of untrue statements filed by plaintiff Everett Seymour. (am)
January 19, 2010 Filing 126 NOTICE RESETTING COURT'S SCHEDULING CONFERENCE by Clerk of Court: TELEPHONIC SCHEDULING CONFERENCE. DATE: FEBRUARY 16, 2010 at 11:00 a.m. TAKE NOTICE that the scheduling conference set on January 25, 2010, has been rescheduled due to the Courts schedule. The scheduling conference shall be heard on February 16, 2010, at 11:00 a.m. The conference shall be held telephonically. (ad)
January 15, 2010 Filing 125 PROOF OF SERVICE filed by Defendant McLane Company Inc, re Status Report #124 served on January 15, 2010. (Wimmer, David)
January 15, 2010 Filing 124 STATUS REPORT (DEFENDANTS') AMENDED filed by Defendant McLane Company Inc. (Wimmer, David)
January 14, 2010 Filing 123 STATUS REPORT (DEFENDANTS') filed by Defendant McLane Company Inc. (Wimmer, David)
December 22, 2009 Opinion or Order Filing 122 ORDER GRANTING MOTION TO WITHDRAW AND SETTING STATUS CONFERENCE by Judge Robert H. Whaley: IT IS HEREBY ORDERED: Plaintiffs Counsels Motion for Leave to Withdraw as Counsel of Record for All Plaintiffs (Ct. Rec. 106) is GRANTED. Plaintiffs counsel Marc Roberts, Darren Daniels, and Diane Blasdel may withdraw as counsel of record. The District Court Executive is directed to terminate them from this matter. A status conference is set for January 25, 2010, at 11:00 a.m. in Riverside California. No later than January 15, 2010, the parties are directed to confer and submit a status certificate proposing a schedule for future proceedings in this matter. (am)
December 14, 2009 Filing 121 MINUTES OF Telephonic Scheduling Conference held before Judge Robert H. Whaley: COURT Grants Motion to Withdraw. R. Sellers addresses the Court. D. Bledsdall responds. 2:15 pm - defense counsel appear again. E. Seymour addresses the Court. COURT continues scheduling conference to January 25, 2010 at 11:00 a.m. before Judge Robert H. Whaley. Attorney Marc D Roberts; Diane C Blasdel and Darren D Daniels terminated; Court Reporter: DEBRA CLARK. (am)
December 10, 2009 Filing 120 NOTICE Amended - Notice of Time Change on Hearing on Motion to Withdraw; Notice of Telephonic Hearing on Motion; Notice of Telephonic Status Conference filed by Plaintiffs' Counsel Ronald Sellers. (Blasdel, Diane)
December 10, 2009 Filing 119 NOTICE of Time Change on Hearing on Motion to Withdraw; Notice of Telephonic Hearing on Motion; Notice of Telephonic Status Conference filed by Plaintiffs' Counsel Everett Seymour. (Blasdel, Diane)
December 8, 2009 Filing 118 MINUTE ORDER (In Chambers) by Senior, U.S. District Judge Robert H. Whaley. Telephonic Status Conference set for 12/14/2009 at 1:45 p.m. (pp)
November 25, 2009 Filing 117 NOTICE of Entry of REASSIGNMENT OF CASE, CONTINUANCE OF MOTION AND CONTINUANCE OF SCHEDULING CONFERENCE, re: Minutes of In Chambers Order/Directive - no proceeding held, Set Hearings,, #115 , Minutes of In Chambers Order/Directive - no proceeding held, Set Motion and R&R Deadlines,, #114 , filed by Plaintiffs Everett Seymour. (Blasdel, Diane)
November 19, 2009 Opinion or Order Filing 116 ORDER TRANSFERRING CIVIL ACTION pursuant to Section 3.1 of General Order 08-05. ORDER case transferred from Judge Stephen G. Larson to the calendar of Judge Robert H. Whaley for all further proceedings. The case number will now reflect the initials of the transferee Judge EDCV 08-00007 RHW (Ex). Signed by Judge Robert H. Whaley and Stphen G. Larson. (kg)
November 12, 2009 Filing 115 MINUTES OF IN CHAMBERS ORDER RE: RULE 16(b) SCHEDULING CONFERENCE held before Judge Audrey B. Collins: Due to the unavailability of a judicial officer, the Rule 16(b) Scheduling Conference hearing set for November 16, 2009, at 10:00 a. m., is continued to February 1, 2010, at 1:30 p. m. (am)
November 12, 2009 Filing 114 MINUTES OF IN CHAMBERS ORDER RE: MOTION HEARING held before Judge Audrey B. Collins: Due to the unavailability of a judicial officer, the motion hearing set for November 16, 2009, at 10:00 a. m., is continued to December 14, 2009, at 10:00 a. m. (am)
October 2, 2009 Filing 113 MINUTES OF IN CHAMBERS ORDER RE: RULE 16(b)SCHEDULING CONFERENCE held before Judge Stephen G. Larson: COUNSEL ARE NOTIFIED that on the Court's own motion, the Rule 16(b)Scheduling Conference set for October 19, 2009, at 1:30 p.m., is continued to November 16, 2009, at 1:30 p.m. before Judge Stephen G. Larson. (am)
September 22, 2009 Filing 112 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Proposed Document was not submitted as separate attachment RE: Motion Related Document #110 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (am)
September 21, 2009 Filing 111 PROOF OF SERVICE filed by Attorneys for Plaintiffs Everett Seymour, re MOTION of Roberts, Daniels & Blasdel to Withdraw as Attorney #106 , Declaration (Motion related) #108 , Declaration (Motion related) #109 , Declaration (Motion related) #107 , Motion Related Document #110 served on Plaintiffs' Counsels' Motion to Withdraw, Supporting Declarations and Proposed Order. (Blasdel, Diane)
September 21, 2009 Filing 110 PROPOSED ORDER GRANTING MOTION TO WITHDRAW re MOTION of Roberts, Daniels & Blasdel to Withdraw as Attorney #106 filed by Plaintiff Everett Seymour. (Blasdel, Diane)
September 21, 2009 Filing 109 DECLARATION of Diane C. Blasdel In Support Of MOTION of Roberts, Daniels & Blasdel to Withdraw as Attorney #106 filed by Plaintiff Everett Seymour. (Blasdel, Diane)
September 21, 2009 Filing 108 DECLARATION of Darren D. Daniels In Support Of MOTION of Roberts, Daniels & Blasdel to Withdraw as Attorney #106 filed by Plaintiff Everett Seymour. (Blasdel, Diane)
September 21, 2009 Filing 107 DECLARATION of Marc D. Roberts In Support of MOTION of Roberts, Daniels & Blasdel to Withdraw as Attorney #106 filed by Plaintiff Everett Seymour. (Blasdel, Diane)
September 21, 2009 Filing 106 NOTICE OF MOTION AND MOTION of Roberts, Daniels & Blasdel to Withdraw as Attorney filed by Attorneys for Plaintiffs Everett Seymour. Motion set for hearing on 11/16/2009 at 10:00 AM before Judge Stephen G. Larson. (Blasdel, Diane)
September 9, 2009 Filing 105 MINUTES OF IN CHAMBERS ORDER RE: RULE 16(b)SCHEDULING CONFERENCE held before Judge Stephen G. Larson: Due to congestion of the Courts calendar, the Rule 16(b) Scheduling Conference set for September 14, 2009, at 1:30 p.m., is continued to October 19, 2009, at 1:30 p.m. before Judge Stephen G. Larson. (am)
September 9, 2009 Filing 104 SUPPLEMENT to Joint Report Rule 26(f) Discovery Plan #99 filed by Defendant McLane Company Inc. (Wimmer, David)
July 29, 2009 Filing 103 MINUTES OF IN CHAMBERS ORDER RE: RULE 16(b) SCHEDULING CONFERENCE held before Judge Stephen G. Larson: Due to a clerical error, the Scheduling Conference set for September 14, 2009, at 9:30 a.m., is reset to September 14, 2009, at 1:30 p.m. before Judge Stephen G. Larson. (am)
July 29, 2009 Opinion or Order Filing 102 ORDER APPROVING Stipulation to Continue Scheduling Conference by Judge Stephen G. Larson, re Stipulation to Continue #101 . Scheduling Conference set for 9/14/2009 AT 09:30 AM before Judge Stephen G. Larson. (gg)
July 28, 2009 Filing 101 STIPULATION to Continue Scheduling Conference from August 4, 2009 to September 14, 2009 Re: Minutes of In Chambers Order/Directive - no proceeding held, Set Hearings,, #100 filed by Defendant McLane Company Inc. (Attachments: #1 Proposed Order re Stipulation to Continue Scheduling Conference)(Wimmer, David)
July 8, 2009 Filing 100 MINUTES OF IN CHAMBERS ORDER RE: RULE 16(b) SCHEDULING CONFERENCE held before Judge Stephen G. Larson: Due to the unavailability of the judicial officer, the Rule 16(b) Scheduling Conference set for July 20, 2009, at 1:30 p.m, is continued to August 4, 2009, at 9:30 a.m.before Judge Stephen G. Larson.) (am)
July 6, 2009 Filing 99 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 17, filed by Defendant McLane Company Inc.. (Swerdlow, Janet)
April 10, 2009 Opinion or Order Filing 98 SCHEDULING MEETING OF COUNSEL, ORDER PURSUANT TO FRCP 16, 26(f) by Judge Stephen G. Larson. ( Scheduling Conference set for 7/20/2009 at 09:30 AM before Judge Stephen G. Larson.) (mrgo)
March 30, 2009 Opinion or Order Filing 97 ORDER DENYING MOTIONS FOR CLASS CERTIFICATION (CASE NO. 08-0007 DOCKET #27; ORDER GRANTING IN PART AND DENYING AS MOOT IN PART MOTION TO DISSOLVE OR MODIFY STATE-COURT INJUNCTION (DOCKET #32) by Judge Stephen G. Larson: The Court DENIES defendants' motions for class certification (Case No. 08-007 docket #27; Case No. 08-355 docket #17), and GRANTS IN PART AND DENIES AS MOOT IN PART defendants' motion to dissolve or modify state-courtinjunction (Case No. 08-007 docket #32). (am)
September 23, 2008 Filing 95 REQUEST FOR JUDICIAL NOTICE OF PETITION FOR REVIEW TO CALIFORNIA SUPREME COURT IN BRINKER CASE re MOTION to Certify Class #27 filed by Plaintiff Everett Seymour. (Blasdel, Diane)
August 22, 2008 Filing 93 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Charles F. Eick. The Court has read and considered all papers filed in support of and in opposition to Defendants' "Motion to Compel Further Responses at Deposition and Request for Sanctions", filed 7/15/08. The Court heard oral argument on 8/22/08. The motion is granted in part. (See document for further information.) (sp)
August 22, 2008 Filing 92 MINUTES OF (1) DEFENDANTS MOTION TO COMPEL FURTHER RESPONSES AT DEPOSITION AND REQUEST FOR SANCTIONS (2) DEFENDANTS MOTION TO COMPEL FURTHER RESPONSES AT DEPOSITION OF FRED PHILLIPS held before Magistrate Judge Charles F. Eick. Case called. Appearances made. No appearance is made by Mr. Phillips. The Court hears argument. Defendants Motion to Compel Further Responses at Deposition of Fred Phillips is granted. Mr. Phillips shall appear for the resumption of his deposition on or before September 30, 2008. At the resumed deposition Mr. Phillips shall answer all questions he refused to answer at the previous deposition and also shall answer reasonable follow-up questions. Failure to comply with this order may result in the imposition of sanctions for contempt of Court. Defendants Motion to Compel Further Responses at Deposition and Request for Sanctions is taken under submission. Court Smart: 8/22/08. (sp)
August 15, 2008 Filing 91 NOTICE OF NON-OPPOSITION to MOTION to Compel Further Responses At Deposition of Fred Phillips #77 filed by Defendant McLane Company Inc. (Cha, Phillip)
August 8, 2008 Filing 89 MEMORANDUM in Support of MOTION to Compel Further Responses At Deposition and Request for Sanctions #72 SUPPLEMENTAL filed by Defendant McLane Company Inc. (Cha, Phillip)
August 4, 2008 Filing 96 AMENDED CIVIL MINUTES #90 . The Court hears oral argument and takes the motion for class certification and defendant's motion to dissolve or modify preliminary injunction under submission. The Scheduling Conference is deferred until after the motions have been decided. (gg)
August 4, 2008 Filing 90 MINUTES OF Motion Hearing held before Judge Stephen G. Larson RE: MOTION for Preliminary Injunction re: MOTION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION #32 , and MOTION to Certify Class #27 . Court hears oral argument and takes the above-referenced motions under submission. The Scheduling Conference is deferred on calendar until after the motions have been decided. Court Reporter: Debbie Gale. (mrgo)
July 30, 2008 Filing 85 DEFENDANTS' SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class #27 filed by Defendant McLane Company Inc. (Kane, Matthew)
July 29, 2008 Filing 84 NOTICE of Change of Attorney Information for attorney Diane C Blasdel counsel for Plaintiff Everett Seymour. Changing address to 71-780 San Jacinto Drive, Suite I-3, Rancho Mirage, California 92270. Changing fax number to 760-340-4666. Filed by Plaintiffs Everett Seymour, et al. (Blasdel, Diane)
July 22, 2008 Filing 83 DEFENDANTS' NOTICE OF RECENTLY-DECIDED AUTHORITIES IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class #27 filed by Defendant McLane Company Inc. (Kane, Matthew)
July 22, 2008 Filing 82 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Charles F. Eick. Take Notice that Defendants' Motion to Compel Further Responses at Deposition of Fred Phillips has been continued from 8/19/08 to 8/22/08 at 9:30 a.m. before Magistrate Judge Charles F. Eick in Courtroom 20. (sp)
July 22, 2008 Filing 81 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Charles F. Eick. Take Notice that Defendants' Motion to Compel Further Responses at Deposition and Request for Sanctions has been continued from 8/19/08 to 8/22/08 at 9:30 a.m. before Magistrate Judge Eick in Courtroom 20. (sp)
July 21, 2008 Filing 80 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously asssigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Charles F. Eick for any discovery and/or post-judgment matters that may be referred. Case number will now read ED CV 08-7 SGL (Ex). (la)
July 16, 2008 Filing 78 DECLARATION of Phillip K. Cha in support of MOTION to Compel Further Responses At Deposition of Fred Phillips #77 filed by Defendant McLane Company Inc. (Cha, Phillip)
July 16, 2008 Filing 77 NOTICE OF MOTION AND MOTION to Compel Further Responses At Deposition of Fred Phillips filed by defendants McLane Company Inc. Motion set for hearing on 8/19/2008 at 09:30 AM before Magistrate Judge John Charles Rayburn Jr.. (Attachments: #1 Proposed Order Granting Motion to Compel Further Responses At Deposition of Fred Phillips)(Cha, Phillip)
July 16, 2008 Filing 76 NOTICE OF ERRATA filed by Defendant McLane Company Inc. correcting Declaration (Motion related), Declaration (Motion related) #74 Re Declaration of Phillip K. Cha In Support of Motion to Compel Further Responses At Deposition (Cha, Phillip)
July 15, 2008 Filing 75 DECLARATION of Diane C. Blasdel in opposition to MOTION to Compel Further Responses At Deposition and Request for Sanctions #72 Accompanying The Parties' Joint Stipulation and filed by Plaintiffs Everett Seymour, David Johnson, Ronald Sellers. (Cha, Phillip)
July 15, 2008 Filing 74 DECLARATION of Phillip K. Cha in support of MOTION to Compel Further Responses At Deposition and Request for Sanctions #72 filed by Defendant McLane Company Inc. (Attachments: #1 Exhibit A through E to Decl. of Phillip Cha In Support of Motion to Compel, #2 Exhibit F through K to Decl. of Cha In Support of Motion to Compel Further Responses At Depo)(Cha, Phillip)
July 15, 2008 Filing 73 JOINT STIPULATION to MOTION to Compel Further Responses At Deposition and Request for Sanctions #72 filed by Defendant McLane Company Inc, Plaintiffs Everett Seymour, David Johnson, Ronald Sellers. (Cha, Phillip)
July 15, 2008 Filing 72 NOTICE OF MOTION AND MOTION to Compel Further Responses At Deposition and Request for Sanctions filed by defendants McLane Company Inc. Motion set for hearing on 8/19/2008 at 09:30 AM before Magistrate Judge John Charles Rayburn Jr.. (Attachments: #1 Proposed Order Granting Motion to Compel Further Responses At Deposition and Request for Sanctions)(Cha, Phillip)
June 30, 2008 Opinion or Order Filing 70 ORDER by Judge Stephen G. Larson: Defendants Application for an Ex Parte Order shall be and hereby is GRANTED; The following proceedings are hereby continued from 10:00 a.m. on July 7, 2008, to 10:00 a.m. on August 4, 2008: (a) Hearings on Motions for Class Certification in the Seymour and Hurtado matters; (b) Defendants Motion to Dissolve or Modify State Court Preliminary Injunction Issued in the Seymour matter; and (c) Scheduling Conferences in the Seymour and Hurtado matters; and The briefing schedule in place for the previously scheduled July 7, 2008, hearings on the motions for class certification and to dissolve or modify the preliminary injunction shall remain the same as before. (am)
June 25, 2008 Filing 69 DEFENDATNS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class #27 filed by Defendant McLane Company Inc. (Kane, Matthew)
June 25, 2008 Filing 68 DEFENDANTS' NOTICE OF FACTS AND HOLDINGS OF RECENTLY-DECIDED AUTHORITIES IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class #27 filed by Defendant McLane Company Inc. (Kane, Matthew)
June 21, 2008 Filing 67 MEMORANDUM in Opposition TO DEFENDANTS' EX PARTE APPLICATION TO CONTINUE HEARING DATE filed by Plaintiff Everett Seymour. (Blasdel, Diane)
June 20, 2008 Filing 66 DECLARATION of David Wimmer re EX PARTE APPLICATION to Continue hearing and scheduling conference from July 7, 2008 to July 28, 2008 Re: MOTION for Preliminary Injunction re: MOTION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION DEF #62 filed by Defendants McLane Company Inc, Gary Johnson. (Wimmer, David)
June 20, 2008 Filing 65 DECLARATION of Janet Swerdlow re EX PARTE APPLICATION to Continue hearing and scheduling conference from July 7, 2008 to July 28, 2008 Re: MOTION for Preliminary Injunction re: MOTION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION DEF #62 filed by Defendants McLane Company Inc, Gary Johnson. (Wimmer, David)
June 20, 2008 Filing 64 DECLARATION of Matthew Kane re EX PARTE APPLICATION to Continue hearing and scheduling conference from July 7, 2008 to July 28, 2008 Re: MOTION for Preliminary Injunction re: MOTION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION DEF #62 filed by Defendants McLane Company Inc, Gary Johnson. (Wimmer, David)
June 20, 2008 Filing 63 DECLARATION of Sidney Kanazawa re EX PARTE APPLICATION to Continue hearing and scheduling conference from July 7, 2008 to July 28, 2008 Re: MOTION for Preliminary Injunction re: MOTION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION DEF #62 filed by Defendants McLane Company Inc, Gary Johnson. (Wimmer, David)
June 20, 2008 Filing 62 EX PARTE APPLICATION to Continue hearing and scheduling conference from July 7, 2008 to July 28, 2008 Re: MOTION for Preliminary Injunction re: MOTION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COU #32 , Minutes of In Chambers Order/Directive - no proceeding held,,,, Set Hearings,,, #61 , MOTION to Certify Class #27 filed by Defendants McLane Company Inc, Gary Johnson. (Attachments: #1 Proposed Order)(Wimmer, David)
June 18, 2008 Filing 61 MINUTES OF IN CHAMBERS ORDER AND NOTICE held before Judge Stephen G. Larson: (1)MOTION for Class Certification #27 (Filed in Both Related Actions); (2)Defendant's MOTION to Dissolve or Modify Preliminary Injunction #32 (3)SCHEDULING CONFERENCE in Both Matters: Counsel are hereby notified that a consolidated hearing is set for 7/7/2008 10:00 AM before Judge Stephen G. Larson on the pending motions filed in the related actions. Also, the Court will conduct a scheduling conference in both matters at that time. The parties' Rule 26(f) reports are to be electronically filed by no later than 7/2/08, and counsel are to insure that a courtesy copy of all filings are to be delivered to the courtesy box outside the courtroom no later than Noon on 7/3/08. IT IS SO ORDERED. (ad)
June 4, 2008 Filing 60 NOTICE of Related Case(s) filed by plaintiffs David Johnson. et al., Related Case(s): 08-cv-00355 (Blasdel, Diane)
May 22, 2008 Filing 58 NOTICE of Change of Attorney Information for attorney Diane C Blasdel counsel for Plaintiff Everett Seymour. Changing Firm Name to Ealy, Hemphill & Blasdel, LLP. Changing email to dcblasdel@ehblawyers.com. Filed by Plaintiffs Seymour, et al. (Blasdel, Diane)
May 8, 2008 Filing 57 MINUTES OF IN CHAMBERS NOTICE AND ORDER RE-SCHEDULING ALL MATTERS SET ON CALENDAR FOR MAY 12, 2008, TO WIT: (1) Motion for Certify Class Certification and Appointment of Class Counsel, efiled 4/3/08 (2) Defendants Motion to Dissolve or Modify Preliminary Injunction Issued By State Court, efiled 4/8/08(3) 16(b) Scheduling Conferenceheld before Judge Stephen G. Larson: Counsel and/ parties are hereby notified that hearing on the above-referencedmatters are continued on calendar from May 12, 2008, to June 30, 2008, at 10:00 a.m., in Courtroom One of the above-entitled court before Judge Stephen G. Larson. (am)
May 5, 2008 Filing 56 REPLY IN SUPPORT OF MOTION for Preliminary Injunction re: MOTION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COU #32 DEFENDANTS' REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION filed by Defendants McLane Company Inc, Gary Johnson. (Kane, Matthew)
May 5, 2008 Filing 55 OBJECTIONS Responses in Support of re: MOTION to Certify Class #27 filed by Plaintiff Everett Seymour. (Blasdel, Diane)
May 5, 2008 Filing 54 OBJECTIONS in Support of Reply re: MOTION to Certify Class #27 filed by Plaintiff Everett Seymour. (Blasdel, Diane)
May 5, 2008 Filing 53 DECLARATION of Marc D. Roberts, Esq. In Support of Reply to MOTION to Certify Class #27 filed by Plaintiff Everett Seymour. (Blasdel, Diane)
May 5, 2008 Filing 52 REPLY In Support of Motion MOTION to Certify Class #27 filed by Plaintiff Everett Seymour. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Exhibit 9)(Blasdel, Diane)
April 30, 2008 Filing 51 Notice of Withdrawal of Stipulation to Extend the Page Limits for Opposition and Reply Papers Regarding Motion for Class Certification filed by Defendants McLane Company Inc, Gary Johnson. (Swerdlow, Janet)
April 28, 2008 Filing 50 Stipulation to Dismiss Sixth Cause of Action Only filed by Plaintiffs Everett Seymour, David Johnson, Ronald Sellers as to Labor Code section 2802 (Blasdel, Diane)
April 28, 2008 Filing 49 Joint STIPULATION to Dismiss defendant Gary Johnson filed by Plaintiffs Everett Seymour.(Blasdel, Diane)
April 28, 2008 Filing 48 NOTICE OF LODGING filed Authorities in Support of Plaintiffs' Opposition to Defendants' Motion to Dissolve/Modify Preliminary Injunction (Blasdel, Diane)
April 28, 2008 Filing 47 MEMORANDUM in Opposition to Defendants' Motion to Dissolve or Modify Preliminary Injunction filed by Plaintiff Everett Seymour. (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2#3 Exhibit Exhibit 3#4 Exhibit Exhibit 4#5 Exhibit Exhibit 5#6 Exhibit Exhibit 6#7 Exhibit Exhibit 7#8 Exhibit Exhibit 8#9 Exhibit Exhibit 9#10 Exhibit Exhibit 10#11 Exhibit Exhibit 11#12 Exhibit Exhibit 12A#13 Exhibit Exhibit 12B#14 Exhibit Exhibit 13#15 Exhibit Exhibit 14#16 Exhibit Exhibit 15)(Blasdel, Diane)
April 28, 2008 Filing 46 OBJECTIONS in opposition to re: MOTION to Certify Class #27 filed by Defendants McLane Company Inc, Gary Johnson. (Swerdlow, Janet)
April 28, 2008 Filing 45 NOTICE OF LODGING AUTHORITIES IN SUPPORT OF OPPOSITION TO CLASS CERTIFICATION MOTION re MOTION to Certify Class #27 filed by Defendants McLane Company Inc, Gary Johnson. (Attachments: #1 Exhibit #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit #6 Exhibit #7 Exhibit #8 Exhibit)(Swerdlow, Janet)
April 28, 2008 Filing 44 DECLARATION of Various Drivers in opposition to MOTION to Certify Class #27 filed by Defendants McLane Company Inc, Gary Johnson. (Swerdlow, Janet)
April 28, 2008 Filing 43 DECLARATION of Michelle Walker in opposition to MOTION to Certify Class #27 filed by Defendants McLane Company Inc, Gary Johnson. (Swerdlow, Janet)
April 28, 2008 Filing 42 DECLARATION of Gary Johnson in opposition to MOTION to Certify Class #27 filed by Defendants McLane Company Inc, Gary Johnson. (Swerdlow, Janet)
April 28, 2008 Filing 41 DECLARATION of Janet I. Swerdlow in opposition to MOTION to Certify Class #27 filed by Defendants McLane Company Inc, Gary Johnson. (Attachments: #1 Exhibit #2 Exhibit #3 #4 Exhibit #5 Exhibit #6 Exhibit #7 Exhibit #8 Exhibit #9 Exhibit #10 Exhibit #11 Exhibit #12 Exhibit #13 Exhibit #14 Exhibit #15 Exhibit #16 Exhibit #17 Exhibit #18 Exhibit #19 Exhibit #20 Exhibit #21 Exhibit #22 Exhibit #23 Exhibit)(Swerdlow, Janet)
April 28, 2008 Filing 40 MEMORANDUM in Opposition to MOTION to Certify Class #27 filed by Defendants McLane Company Inc, Gary Johnson. (Attachments: #1 Proposed Order)(Swerdlow, Janet)
April 24, 2008 Filing 38 STIPULATION to Exceed Page Limitation as to Opposition and Reply re Motion for Class Certification filed by defendants McLane Company Inc, Gary Johnson. (Attachments: #1 Proposed Order)(Swerdlow, Janet)
April 14, 2008 Filing 39 MINUTES OF Scheduling Conference ORDER CONSOLIDATING MOTIONS AND RE-SETTING THE RULE 16(b) SCHEDULING CONFERENCE held before Judge Stephen G. Larson: The Court having conferred with the parties in this matter, plaintiff's Motion to Certify the Class and defendant's Motion to Dissolve or Modify the Preliminary Injunction are consolidated for hearing on May 12, 2008, at 10:00 a.m. The scheduling conference is reset to that date and time. Counsel stipulated pursuant to Local Rule 16-14, to settlement procedure #3, to a retired judicial officer or other private or non-profit dispute resolution body for mediation type settlement proceedings. The Court approves the request and refers this case to an outside Mediator to act as the Settlement Officer. Counsel are directed to contact such outside Mediator to schedule a settlement conference as soon as the parties believe such a conference would be fruitful. Court Reporter: Theresa Lanza. (am)
April 14, 2008 Opinion or Order Filing 36 ORDER by Judge Stephen G. Larson Approving the NOTICE AND REQUEST of Settlement Procedure Selection (Sp3) requiring the parties to appear before a retired judicial officer or other private or non-profit dispute resolution body. (am)
April 14, 2008 Filing 35 NOTICE AND REQUEST of Settlement Procedure Selection (Sp3); parties request to appear before a retired judicial officer or other dispute resolution body for mediation type settlement proceedings. Filed by Defendants McLane Company Inc, Gary Johnson, Plaintiffs Everett Seymour, David Johnson, Ronald Sellers(am)
April 9, 2008 Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Motion date of 5/12/08 is CLOSED. The next available motion date is 5/19/08 at 10:00 AM.: RE MOTION for Preliminary Injunction #32 (am)
April 8, 2008 Filing 32 NOTICE OF MOTION AND MOTION for Preliminary Injunction re: MOTION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION: (1) NOTICE OF MOTION (2) MEMORANDUM OF POINTS AND AUTHORITIES (3) DECLARATIONS OF: (A) DAVID A. WIMMER (B) MATTHEW C. KANE (5) [PROPOSED] ORDER [Under Separate Cover] filed by DEFENDANTS McLane Company Inc, Gary Johnson.Motion set for hearing on 5/12/2008 at 10:00 AM before Judge Stephen G. Larson. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION)(Kane, Matthew)
April 7, 2008 Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Motion date of 5/508 is CLOSED. The next available motion date is 5/12/08 at 10:00 AM.: RE MOTION to Certify Class #27 (am)
April 3, 2008 Filing 29 NOTICE OF LODGING filed of Proposed Order Granting Motion for Class Certification and Appointment of Class Counsel (Attachments: #1 Proposed Order)(Blasdel, Diane)
April 3, 2008 Filing 28 NOTICE OF LODGING filed in Support of Motion for Class Certification and Appointment of Class Counsel (Attachments: #1 Exhibit #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit)(Blasdel, Diane)
April 3, 2008 Filing 27 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Everett Seymour.Motion set for hearing on 5/5/2008 at 10:00 AM before Judge Stephen G. Larson. (Attachments: #1 Exhibit #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit #6 Exhibit #7 Exhibit #8 Exhibit #9 Exhibit #10 Exhibit #11 Exhibit #12 Exhibit #13 Exhibit #14 Exhibit #15 Exhibit #16 Exhibit #17 Exhibit #18 Exhibit #19 Exhibit #20 Exhibit #21 Exhibit #22 Exhibit #23 Exhibit #24 Exhibit #25 Exhibit #26 Exhibit #27 Exhibit #28 Exhibit #29 Exhibit #30 Exhibit)(Blasdel, Diane)
April 1, 2008 Filing 26 MINUTES OF IN CHAMBERS ORDER held before Judge Stephen G. Larson DENYING EX PARTE APPLICATION for Order for DISSOLVING OR MODIFYING PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION #16 . The Court VACATES the hearing on defendants' ex parte application, set for Wednesday, April 2, 2008, at 1:15 p.m. (mrgo)
March 31, 2008 Filing 25 MINUTES OF IN CHAMBERS NOTICE AND ORDER held before Judge Stephen G. Larson SCHEDULING HEARING ON DEFENDANT'S EX PARTE APPLICATION for Order for DISSOLVING OR MODIFYING PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION (1) EX PARTE APPLICATION for Order for DISSOLVING OR MODIFYING PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION #16 . Motion set for hearing on 4/2/2008 at 01:15 PM before Judge Stephen G. Larson. (mrgo)
March 31, 2008 Filing 24 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial Unknown, filed by Defendants McLane Company Inc, Gary Johnson, Plaintiffs Everett Seymour, David Johnson, Ronald Sellers.. (Swerdlow, Janet)
March 25, 2008 Filing 23 NOTICE of Change of Attorney Information for attorney Janet I Swerdlow counsel for Defendants McLane Company Inc, Gary Johnson. Changing secondary e-mail address to strimble@swerdlowlaw.com. Filed by defendants McLane Company, Inc.; McLane/Suneast, Inc.; Gary Johnson; (Swerdlow, Janet)
March 24, 2008 Filing 22 PROOF OF SERVICE filed by Defendant McLane Company Inc, re Reply (Motion related), Reply (Motion related), Reply (Motion related), Reply (Motion related), Reply (Motion related) #21 Defendants' Reply Memorandum of Points and Authorities in Support of Ex Parte Application for Order Dissolving or Modifying Preliminary Injunction Issued by State Court Prior to Removal of Action served on March 24, 2008. (Kane, Matthew)
March 24, 2008 Filing 21 REPLY Reply In Support Of Ex Parte Application for Order Dissolving or Modifying Preliminary Injunction EX PARTE APPLICATION for Order for DISSOLVING OR MODIFYING PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION (1) EX PARTE APPLICATION (2) MEMORANDUM OF POINTS AND AUTHORITIES (3) DECLARATIONS OF: (A) DAVID A. WIMMER (B) MATTHE EX PARTE APPLICATION for Order for DISSOLVING OR MODIFYING PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION (1) EX PARTE APPLICATION (2) MEMORANDUM OF POINTS AND AUTHORITIES (3) DECLARATIONS OF: (A) DAVID A. WIMMER (B) MATTHE #16 , EX PARTE APPLICATION for Order for [PROPOSED] ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION EX PARTE APPLICATION for Order for [PROPOSED] ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION #17 filed by Defendant McLane Company Inc. (Kane, Matthew)
March 21, 2008 Filing 20 MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for DISSOLVING OR MODIFYING PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION (1) EX PARTE APPLICATION (2) MEMORANDUM OF POINTS AND AUTHORITIES (3) DECLARATIONS OF: (A) DAVID A. WIMMER (B) MATTHE EX PARTE APPLICATION for Order for DISSOLVING OR MODIFYING PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION (1) EX PARTE APPLICATION (2) MEMORANDUM OF POINTS AND AUTHORITIES (3) DECLARATIONS OF: (A) DAVID A. WIMMER (B) MATTHE #16 filed by Plaintiff Everett Seymour. (Attachments: #1 Exhibit "A")(Blasdel, Diane)
March 21, 2008 Filing 19 NOTICE OF LODGING filed NOTICE OF LODGING PROPOSED ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION FOR ORDER DISSOLVING OR MODIFYING PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION (Attachments: #1 Exhibit A)(Kane, Matthew)
March 21, 2008 Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found : Incorrect event selected; Proposed Document was not submitted as separate attachment, action was or will be taken by Filer. A proposed order was docketed as a motion. The correct event is Notice of Lodging (with proposed order as attachment #1). Also, order could have been an attachment to the ex parte: RE EX PARTE APPLICATION for Order for [PROPOSED] ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION EX PARTE APPLICATION for Order for [PROPOSED] ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION #17 . (mrgo)
March 20, 2008 Filing 17 EX PARTE APPLICATION for Order for [PROPOSED] ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION filed by Defendants McLane Company Inc, Gary Johnson.(Kane, Matthew)
March 20, 2008 Filing 16 EX PARTE APPLICATION for Order for DISSOLVING OR MODIFYING PRELIMINARY INJUNCTION ISSUED BY STATE COURT PRIOR TO REMOVAL OF ACTION (1) EX PARTE APPLICATION (2) MEMORANDUM OF POINTS AND AUTHORITIES (3) DECLARATIONS OF: (A) DAVID A. WIMMER (B) MATTHEW C. KANE (5) [PROPOSED] ORDER [Under Separate Cover] filed by Defendants McLane Company Inc, Gary Johnson. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Kane, Matthew)
February 29, 2008 Filing 15 NOTICE of Change of Attorney Information for attorney Matthew Charles Kane counsel for Defendants McLane Company Inc, Gary Johnson. Filed by Defendants McLane Company, Inc., McLane/Suneast, Inc. dba McLane Southern California, Gary Johnson (Kane, Matthew)
February 29, 2008 Filing 14 NOTICE of Change of Attorney Information for attorney Matthew Charles Kane counsel for Defendants McLane Company Inc, Gary Johnson. Filed by Defendants McLane Company, Inc., McLane/Suneast, Inc. dba McLane Southern California, Gary Johnson (Kane, Matthew)
February 29, 2008 Filing 13 NOTICE of Change of Attorney Information for attorney Matthew Charles Kane counsel for Defendants McLane Company Inc, Gary Johnson. Filed by Defendants McLane Company, Inc., McLane/Suneast, Inc. dba McLane Southern California, Gary Johnson (Kane, Matthew)
February 29, 2008 Filing 12 NOTICE of Association of Counsel Filed by Defendants McLane Company Inc, Gary Johnson (Kane, Matthew)
January 25, 2008 Filing 11 AMENDED DOCUMENT filed by Defendants McLane Company Inc, Gary Johnson. Amendment to Certificate of Interested Parties #2 (Swerdlow, Janet)
January 17, 2008 Filing 10 NOTICE of Change of Attorney Information for attorney Diane C Blasdel counsel for Plaintiffs Everett Seymour, Ronald Sellers. Changing email to dcblasdel@ehbolaw.com. Adding Diane C. Blasdel as attorney as counsel of record for Plaintiffs for the reason indicated in the G-06 Notice. Filed by Plaintiffs Everett Seymour, Ronald Sellers, David Johnson and David McElroy (Blasdel, Diane)
January 17, 2008 Filing 9 Plaintiffs' Notice of Interested Parties filed by Plaintiffs Everett Seymour, David Johnson, Ronald Sellers and David McElroy (Blasdel, Diane)
January 17, 2008 Filing 8 Plaintiffs' Demand for Jury Trial filed by Plaintiffs Everett Seymour, David Johnson, Ronald Sellers and David McElroy (Blasdel, Diane)
January 9, 2008 Filing 7 PROOF OF SERVICE filed by defendants McLane Company Inc, Gary Johnson, re Certificate of Interested Parties #2 , Notice of Manual Filing (G-92) #4 , Notice (Other) #3 , Answer to Complaint, Notice of Removal,, #1 served on January 4, 2008. (Swerdlow, Janet)
January 4, 2008 FIRST AMENDED COMPLAINT against Defendants DOES, Gary Johnson, McLane Company Inc, McLane-Suneast Inc amending Notice of Removal, #1 , filed by Plaintiffs David Johnson, Everett Seymour, David McElroy, Ronald Sellers.(iva)
January 4, 2008 Opinion or Order Filing 6 ORDER by Judge Stephen G. Larson,Scheduling Conference set for 4/14/2008 at 09:30 AM before Judge Stephen G. Larson. (am)
January 4, 2008 Opinion or Order Filing 5 STANDING ORDER by Judge Stephen G. Larson (See documents for further information (am)
January 4, 2008 Filing 4 NOTICE of Manual Filing filed by Defendants McLane Company Inc, Gary Johnson of Removal papers. (am)
January 4, 2008 Filing 3 NOTICE that action is subject to the courts electronic case filing system filed by defendants McLane Company Inc, Gary Johnson. (am)
January 4, 2008 Filing 2 NOTICE of Interested Parties filed by Defendants McLane Company Inc, Gary Johnson. (am)
January 4, 2008 Filing 1 NOTICE OF REMOVAL from San Bernarino Superior Court, case number SCVSS 140873 with copy of summons and complaint.Case assigned to Judge Stephen G. Larson, Discovery to Magistrate Judge John C. Rayburn. (Filing fee $ 350 ), filed by defendants McLane Company Inc, Gary Johnson. (Attachments: #1 Exhibit Exhibit A-D#2 Exhibit Exhibit E#3 Exhibit Exhibit F-J#4 Exhibit Exhbit K#5 Exhibit Exhbit L-N#6 Exhibit Exhbit N#7 Exhibit Exhbit O-CC#8 Exhibit Exhbit DD-JJ)(am) Additional attachment(s) added on 1/7/2008 (am, ).
January 4, 2008 FAX number for Attorney Janet I Swerdlow, David A Wimmer is 310-273-8680. (am)
January 4, 2008 COPY OF ANSWER to Complaint filed San Bernarino Superior Court, case number SCVSS 140873 Exhibits C & D of Notice of Removal, #1 filed by defendants McLane Company Inc, Gary Johnson.(am)
January 4, 2008 FAX number for Attorney Darren D Daniels, Marc D Roberts is 909-605-7719. (am)

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Search for this case: Everett Seymour et al v. McLane Company Inc et al
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Plaintiff: Everett Seymour
Represented By: Darren D Daniels
Represented By: Greg K Hafif
Represented By: Marc D Roberts
Represented By: Diane C Blasdel
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Plaintiff: David Johnson
Represented By: Darren D Daniels
Represented By: Diane C Blasdel
Represented By: Marc D Roberts
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Plaintiff: Ronald Sellers
Represented By: Darren D Daniels
Represented By: Marc D Roberts
Represented By: Diane C Blasdel
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Plaintiff: David McElroy
Represented By: Darren D Daniels
Represented By: Diane C Blasdel
Represented By: Marc D Roberts
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Defendant: McLane Company Inc
Represented By: David A Wimmer
Represented By: Janet I Swerdlow
Represented By: Matthew Charles Kane
Represented By: Michelle Renee Walker
Represented By: Phillip K Cha
Represented By: Sidney Kanazawa
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Defendant: Gary Johnson
Represented By: David A Wimmer
Represented By: Janet I Swerdlow
Represented By: Matthew Charles Kane
Represented By: Michelle Renee Walker
Represented By: Sidney Kanazawa
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Defendant: DOES 1 through 50 inclusive
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Defendant: McLane-Suneast Inc a Texas corporation doing business as McLane Southern California
Represented By: Matthew Charles Kane
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Intervenor: Marc D Roberts
Represented By: Nina D Froeschle
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Intervenor: Marc D. Roberts & Associates
Represented By: Nina D Froeschle
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