Dilma Fuentes v. Change to Win et al
| Dilma Fuentes |
| Change to Win, Does 1 through 50, inclusive and Guadalupe Palma |
| Paul Crost |
| 5:2016cv00076 |
| January 14, 2016 |
| US District Court for the Central District of California |
| Kenly Kiya Kato |
| James V Selna |
| Labor: Family and Medical Leave Act |
| 29 U.S.C. § 2601 Family and Medical Leave Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 9, 2017. A more recent docket listing may be available from PACER.
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| Filing 40 JUDGMENT Granting Defendant Change to Win's Motion for Summary Judgment #18 by Judge James V. Selna. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. That judgment is entered in favor of defendant Change to Win against plaintiff Dilma Fuentes on all causes of action. 2. That plaintiff Dilma Fuentes recover nothing against defendant Change to Win. 3. That defendant Change to Win recover against plaintiff Dilma Fuentes its costs in the amount of $______. (see document for details). (MD JS-6, Case Terminated). (dro) |
| Filing 39 NOTICE OF LODGING filed re Motion Hearing with html form,, Order on Motion for Summary Judgment, #38 (Attachments: #1 [Proposed] Judgment Granting Defendant Change to Win's Motion for Summary Judgment)(Myers, Maria) |
| Filing 38 MINUTES OF Hearing on Defendant's Motion for Summary Judgment, in the Alternative, Partial Summary Judgment held before Judge James V. Selna. The Court GRANTS the Defendant's Motion #18 for Summary Judgment and rules in accordance with the tentative ruling attached hereto. Counsel for defendant shall prepare, serve and submit, forthwith, a proposed form of judgment. Court Reporter: Sharon Seffens. (Attachments: #1 Memorandum) (kt) |
| Filing 37 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment OR, IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT #18 filed by Defendant Change to Win. (Myers, Maria) |
Filing 36
MINUTES (IN CHAMBERS) ORDER SETTING BRIEFING SCHEDULE AND HEARING ON MOTION FOR SUMMARY JUDGMENT; ORDER VACATING PRETRIAL AND TRIAL DATES; AND ORDER AWARDING ATTORNEYS FEES AND COSTS by Judge James V. Selna. The unavailability of Fuentes provides colorable good cause for relief from timely failure to file a timely opposition. In light of that, the Court orders: 1. Fuentes shall file and serve her opposition no later than February 6, 2017. 2. The defendants' may file a reply not later than February 13, 2017. 3. Matter will be heard at 8:00 a.m. on February 21, 2017. 4. The trial and pretrial conference dates are vacated and will be reset at the hearing. 5. Fuentes and her counsel shall pay defendants' attorney's fees and expenses for making the January 5, 2017 hearing. These expenses were needlessly incurred because of counsel's failure to communicate with defense counsel. 6. Defendants have already filed a declaration concerning their costs. (Docket No. 35.) The time requested and the billing rates are reasonable. However, one attorney would have been sufficient. The Court orders Fuentes and her counsel to pay to defense counsel the sum of $825 within ten days. (see document for details). (dro)
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| Filing 35 DECLARATION of Maria Keegan Myers (CORRECTED) re Expenses Incurred by Change to Win for January 5, 2017 Court Appearance NOTICE OF MOTION AND MOTION for Summary Judgment OR, IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT #18 filed by Defendant Change to Win. (Myers, Maria) |
| Filing 34 Opposition to Plaintiff's Ex Parte Motion re: First APPLICATION for Extension of Time to File Opposition to Defendants' Motion for Summary Judgment #33 filed by Defendant Change to Win. (Attachments: #1 Declaration of Eli Naduris-Weissman, #2 Exhibit A, #3 Exhibit B)(Myers, Maria) |
| Filing 33 First APPLICATION for Extension of Time to File Opposition to Defendants' Motion for Summary Judgment filed by Plaintiff Dilma Fuentes. (Ryu, Jennifer) |
| Filing 32 DECLARATION of Maria Keegan Myers re Expenses Incurred by Change to Win for January 5, 2017 Court Appearance re NOTICE OF MOTION AND MOTION for Summary Judgment OR, IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT #18 filed by Defendant Change to Win. (Myers, Maria) |
| Filing 31 MINUTES OF Defendant's Motion for Summary Judgment, in the Alternative, Partial Summary Judgment held before Judge James V. Selna: (See document for details). The Court directs counsel for plaintiff to file, not later than Thursday, January 15, 2017, an application requesting and extension of time to file opposition to the summary judgment motion. The application shall include specific information for good cause as to why the opposition was not originally filed and the extension is needed. The Court ORDERS plaintiff to pay the expenses of defendants counsels' appearance for the hearing today. Counsel for defendant shall prepare and submit, byThursday, January 15, 2017, a declaration regarding the expenses incurred by the appearance today. Court Reporter: Sharon Seffens. (dv) |
| Filing 30 (IN CHAMBERS) The Court, on its own motion, CONTINUES the hearing on Defendant's MOTION for Summary Judgment OR, IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT #18 , previously scheduled for TUESDAY, 1/3/2017 at 8:30 am, to THURSDAY, 1/5/2017 at 10:00 AM before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kt) TEXT ONLY ENTRY |
| Filing 29 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment OR, IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT #18 filed by Defendant Change to Win. (Myers, Maria) |
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Filing 28
ORDER by Judge James V. Selna granting #26 EX PARTE APPLICATION to Seal Document. (see document for details). (dro)
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| Filing 27 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit B to Callahan Declaration to MSJ under seal #26 filed by Defendant Change to Win. (Attachments: #1 Unredacted Document, #2 Proof of Service)(Myers, Maria) |
| Filing 26 APPLICATION to file document Exhibit B to Callahan Declaration to MSJ under seal filed by Defendant Change to Win. (Attachments: #1 Proposed Order, #2 Redacted Document)(Myers, Maria) |
| Filing 25 DECLARATION of Bob Callahan in support of NOTICE OF MOTION AND MOTION for Summary Judgment OR, IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT #18 filed by Defendant Change to Win. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Myers, Maria) |
| Filing 24 NOTICE OF ERRATA filed by Defendant Change to Win. correcting Declaration (Motion related), #23 (Myers, Maria) |
| Filing 23 DECLARATION of Bob Callahan in support of NOTICE OF MOTION AND MOTION for Summary Judgment OR, IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT #18 filed by Defendant Change to Win. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Myers, Maria) |
| Filing 22 DECLARATION of Guadalupe Palma in support of NOTICE OF MOTION AND MOTION for Summary Judgment OR, IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT #18 filed by Defendant Change to Win. (Attachments: #1 Exhibit A, #2 Exhibit B)(Myers, Maria) |
| Filing 21 DECLARATION of Maria Keegan Myers in support of NOTICE OF MOTION AND MOTION for Summary Judgment OR, IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT #18 filed by Defendant Change to Win. (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)(Myers, Maria) |
| Filing 20 STATEMENT of Uncontroverted Facts and Conclusions of Law in Support of NOTICE OF MOTION AND MOTION for Summary Judgment OR, IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT #18 filed by Defendant Change to Win. (Myers, Maria) |
| Filing 19 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment OR, IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT #18 filed by Defendant Change to Win. (Myers, Maria) |
| Filing 18 NOTICE OF MOTION AND MOTION for Summary Judgment OR, IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT filed by Defendant Change to Win. Motion set for hearing on 1/3/2017 at 08:30 AM before Judge James V. Selna. (Attachments: #1 [Proposed] Judgment, #2 [Proposed] Order) (Myers, Maria) |
| Filing 17 MEDIATION REPORT Filed by Mediator (ADR Panel) Paul Crost: Mediation held on June 21, 2016. The parties are unable to reach an agreement at this time.(Killefer, Gail) |
| Filing 16 STATUS REPORT OF MEDIATION (JOINT) filed by Defendant Change to Win. (Myers, Maria) |
| Filing 15 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Paul Crost has been assigned to serve as Panel Mediator. (mb) |
| Filing 14 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Paul Crost may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Defendant Change to Win(Myers, Maria) |
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Filing 13
ORDER FOR JURY TRIAL SETTING DATES: Order for Preparation for JURY TRIAL; and Order Governing Attorney and Party Conduct at Trial before Judge James V. Selna.(see document for details and deadlines). (dro)
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| Filing 12 MINUTES OF Scheduling Conference held before Judge James V. Selna: Cause called and counsel make their appearances. The Court and counsel confer. The Court sets the case management dates with the agreement of counsel as follows: Jury Trial is set for February 21, 2017 at 8:30 a.m.; Final PreTrial Conference is set for February 6, 2017 at 11:00 a.m.; and Discovery Cut-off is November 8, 2016. Counsel inform the Court that their selection for a settlement procedure pursuant to Local Rule 16-15 is the Court Mediation Panel. The Court orders that any settlement discussions shall be completed not later than June 30, 2016. See document for further dates and information. Court Reporter: Sharon Seffens. (lwag) |
| Filing 11 JOINT REPORT Rule 26(f) Discovery Plan Schedule of Pretrial Dates ; estimated length of trial 5, filed by Plaintiff Dilma Fuentes.. (Attachments: #1 Exhibit Exhibit A. Schedule)(Ryu, Jennifer) |
| Filing 10 PROOF OF SERVICE filed by Defendant Change to Win, re Initial Order upon Filing of Complaint - form only #8 served on February 16, 2016. (Myers, Maria) |
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Filing 9
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge James V. Selna. Rule 26 Meeting Report due by 3/7/2016. Scheduling Conference set for 3/14/2016 at 10:30 AM before Judge James V. Selna. (jlen)
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| Filing 8 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA. (jlen) |
| Filing 7 PROOF OF SERVICE filed by Defendant Change to Win, re Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form, #4 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #5 , and Initial Order Following Filing of Complaint Assigned to Judge Selna served on January 20, 2016. (Myers, Maria) |
| Filing 6 CERTIFICATE OF SERVICE filed by Defendant Change to Win, re Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 served on January 15, 2016. (Attachments: #1 Exhibit A)(Myers, Maria) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (aco) |
| Filing 4 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Kenly Kiya Kato for discovery. Pursuant to General Order 14-03, this case has been randomly reassigned to District Judge James V. Selna. The case number on all documents filed with the Court in this case should read as follows: 5:16-cv-00076-JVS-KKx. (aco) |
| CONFORMED COPY OF SUMMONS AND COMPLAINT against Defendants Change to Win and Guadalupe Palma filed by plaintiff Dilma Fuentes. [FILLED IN STATE COURT ON DECEMBER 4, 2015. SUBMITTED ATTACHED TO NOTICE OF REMOVAL]. (aco) |
| CONFORMED COPY OF ANSWER to Complaint filed by defendant Change to Win. [FILED IN STATE COURT ON JANUARY 12, 2016. SUBMITTED ATTACHED TO NOTICE OF REMOVAL].(aco) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Change to Win, (Myers, Maria) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Change to Win. (Myers, Maria) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino County Superior Court, case number CIVDS1517721 Receipt No: 0973-17102763 - Fee: $400, filed by Defendant Change to Win. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-Summons, #3 Exhibit C-POS of Summons, #4 Exhibit D-Civil Case Cover Sheet, #5 Exhibit E-Cert. of Assignment, #6 Exhibit F-Not. of Assignment, #7 Exhibit G-Answer) (Attorney Maria Keegan Myers added to party Change to Win(pty:dft))(Myers, Maria) |
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