Ramonoa J. Hogue v. YRC, Inc., et al
| Ramonoa J. Hogue and Ramona J. Hogue |
| YRC, Inc, Does 1-20, inclusive and YRC Inc. |
| 5:2016cv01338 |
| June 23, 2016 |
| US District Court for the Central District of California |
| Cormac J Carney |
| John E McDermott |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 24, 2019. A more recent docket listing may be available from PACER.
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Filing 44
ORDER GRANTING PLAINTIFF'S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT [Dkt. 34] AND GRANTING PLAINTIFF'S MOTION FOR ATTORNEYS' FEES AND COSTS [Dkt. 32] by Judge Cormac J. Carney. For the foregoing reasons, Plaintiff's motions for final approval of the Settlement Agreement and for attorneys' fees and costs are GRANTED. The Court awards $210,000 in attorneys' fees and $20,825.30 in costs to Plaintiff's counsel and $10,000 as an incentive award to Plaintiff. (lom)
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Filing 43
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND ENTERING FINAL JUDGMENT by Judge Cormac J. Carney. Accordingly, the Court hereby finally and unconditionally approves the Settlement Agreement pursuant to FRCP 23(e)(1), and specifically: a. Approves the Gross Settlement of $700,000; b. Approves payment of up to $13,000 to CPT Group, the Settlement Administrator; c. Approves the Class Representative incentive award of $10,000 to Plaintiff. d. Approves an award of attorneys' fees in the amount of $210,000 and costs in the amount of $20,825.30. e. Approves the allocation of $20,000 as payment for penalties under the California Labor Code Private Attorney Generals Act (PAGA), and further approves of payment of $15,000 to the Labor and Workforce Development Agency for its portion of the PAGA penalties. See document for details. (MD JS-6, Case Terminated). (lom) Modified on 6/24/2019 (lom).
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| Filing 42 MINUTES OF MOTION FOR ATTORNEY FEES AND COSTS OF CLASS REPRESENTATIVE INCENTIVE AWARD #32 ; MOTION FOR ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT #34 Hearing held before Judge Cormac J. Carney. Motion hearing held. The Court and counsel confer regarding the Court's tentative order. The Court hereby GRANTS the Motion as stated on the record. See separately filed orders. Court Reporter: Debbie Hino-Spaan. (lom) |
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Filing 41
ORDER GRANTING JOINT STIPULATION TO CONTINUE FINAL APPROVAL HEARING DATE by Judge Cormac J. Carney, re Stipulation to Continue #40 : GOOD CAUSE APPEARING as set forth the in the Parties' Joint Stipulation to Continue Hearing on Plaintiffs' Motion for Final Approval and Motion for Attorneys' Fees and Costs and Class Representative Incentive Award; IT IS HEREBY ORDERED THAT the hearing on the Motions for Final Approval of Class Action Settlement, Attorneys' Fees and Costs, and Class Representative Incentive Award are continued to Monday, June 24, 2019 at 1:30 PM. (bm)
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| Filing 40 Joint STIPULATION to Continue hearing on Plaintiff's Motions for Final Approval of Class Action Settlement, Attorneys' Fees, Costs, and Incentive Award from June 10, 2019 to June 24, 2019 Re: NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement ; Memorandum of Points and Authorities In Support Thereof #34 , NOTICE OF MOTION AND MOTION for Attorney Fees and Costs and Class Representative Incentive Award #32 filed by plaintiff Ramona J. Hogue. (Attachments: #1 Proposed Order)(Vahedi, Sam) |
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Filing 39
ORDER GRANTING JOINT STIPULATION TO CONTINUE FINAL APPROVAL HEARING DATE by Judge Cormac J. Carney, re Stipulation to Continue, #38 . (Motions reset for hearing on 6/10/2019 at 01:30 PM before Judge Cormac J. Carney.) (mrgo)
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| Filing 38 STIPULATION to Continue Hearings from May 20, 2019 to May 28, 2019 Re: NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement ; Memorandum of Points and Authorities In Support Thereof #34 , NOTICE OF MOTION AND MOTION for Attorney Fees and Costs and Class Representative Incentive Award #32 filed by Defendant YRC Inc.. (Attachments: #1 Proposed Order)(Holland, Ronald) |
| Filing 37 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) #36 by Deputy Clerk of Court. The document is accepted as filed. (gga) |
| Filing 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Stipulation #35 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) |
| Filing 35 Joint STIPULATION to Amend Class Action Settlement Agreement filed by Plaintiff Ramona J. Hogue.(Ackermann, Craig) |
| Filing 34 NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement ; Memorandum of Points and Authorities In Support Thereof filed by Plaintiff Ramona J. Hogue. Motion set for hearing on 5/20/2019 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration of Tarus Dancy Regarding Notice Administration, #2 Affidavit of Service, #3 Proposed Order Granting Final Approval of Class Action Settlement and Entering Final Judgement) (Cherniak, Ari) |
| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Attorney Fees #32 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) |
| Filing 32 NOTICE OF MOTION AND MOTION for Attorney Fees and Costs and Class Representative Incentive Award filed by Plaintiff Ramona J. Hogue. Motion set for hearing on 5/20/2019 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration of Craig Ackermann, #2 Exhibit A to the Declaration of Craig Ackermann, #3 Exhibit B to the Declaration of Craig Ackermann, #4 Exhibit C to the Declaration of Craig Ackermann, #5 Declaration of Julian Hammond, #6 Declaration of Ramona Hogue, #7 Affidavit of Service) (Attorney Ari Cherniak added to party Ramona J. Hogue(pty:pla)) (Cherniak, Ari) |
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Filing 31
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #29 by Judge Cormac J. Carney. The Court GRANTS both provisional certification of the class for settlement purposes and preliminary approval of the Settlement Agreement. The Court hereby APPOINTS Plaintiff Hogue as Class Representative, Ackermann & Tilajef and HammondLaw as Class Counsel, and CPT Group as Settlement Administrator. The Court also APPROVES the proposed Class Notice and orders that it be disseminated to the class as provided in the Settlement Agreement. The final approval hearing shall be held on Monday, May 20, 2019, at 1:30 p.m. (iv)
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| Filing 30 PROOF OF SERVICE filed by Plaintiff Ramona J. Hogue, re NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #29 served on 11/13/18. (Hammond, Julian) |
| Filing 29 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiff Ramona J. Hogue. Motion set for hearing on 12/10/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration of Craig Ackermann in Support of Plaintiff's Motion for Preliminary Approval of Class Action Settlement, #2 Declaration of Julian Hammond in Support of Plaintiff's Motion for Preliminary Approval of Class Action Settlement, #3 Declaration of Ramona Hogue in Support of Plaintiff's Motion for Preliminary Approval of Class Action Settlement, #4 Proposed Order Granting Plaintiff's Motion for Preliminary Approval of Class Action Settlement, #5 Exhibit A to the Proposed Order) (Hammond, Julian) |
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Filing 28
ORDER GRANTING JOINT STIPULATION TO CONTINUE HEARING DATE #27 by Judge Cormac J. Carney. The hearing on Plaintiffs' Motion for Preliminary Approval is continued to December 10, 2018 at 1:30 p.m. (iv)
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| Filing 27 STIPULATION to Continue Hearing on Plaintiffs' Preliminary Approval from 12/3/18 to 12/10/18 filed by Defendant YRC Inc.. (Attachments: #1 Proposed Order)(Holland, Ronald) |
| Filing 26 TEXT ONLY ENTRY: NOTICE TO PARTIES by District Cormac J. Carney. Effective October 9, 2018, Judge Cormac J. Carney will be located in the First Street U.S. Courthouse, Courtroom 7C, on the 7th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 7C of the First Street U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located outside the Clerk's Office on the 4th floor of the First Street Courthouse. Judge Carney's Courtroom Deputy Clerk, Melissa H. Kunig, may be reached at (714) 338-2849.The location for filing civil and/or criminal documents in paper format exempted from electronic filing is at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 180, Los Angeles, California 90012. Documents under this exemption may also be filed in the Santa Ana or Riverside courthouses.Please refer to Judge Carney's Procedures & Schedules Page on the Court's website **UPDATED AS OF SEPTEMBER 24, 2018** for updated procedures regarding mandatory chambers copies. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY |
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Filing 25
ORDER VACATING OUTSTANDING HEARING DATES AND DEADLINES AND SETTING HEARING FOR PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT by Judge Cormac J. Carney, re Stipulation #24 . Motion for Preliminary Approval set for hearing on 12/3/2018 at 01:30 PM before Judge Cormac J. Carney. (twdb)
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| Filing 24 Joint STIPULATION to Vacate ALL OUTSTANDING HEARING DATES AND DEADLINES AND SETTING HEARING FOR PLAINTIFFS MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT (and Notice of Settlement) filed by plaintiff Ramona J. Hogue. (Attachments: #1 Proposed Order)(Vahedi, Sam) |
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Filing 23
**NOTE: CHANGES MADE BY THE COURT** ORDER Granting Joint Stipulation to Continue Scheduling Deadlines #22 by Judge Cormac J. Carney: IT IS HEREBY ORDERED THAT: Plaintiff must file any class certification motion by September 11, 2018; with Defendants opposition to any such motion due October 9, 2018; Plaintiffs reply to any such motion due October 23, 2018; and a hearing on any such motion on November 19, 2018; All discovery, including discovery motions, shall be completed by January 8, 2019; The Parties shall have until January 29, 2019 to conduct settlement proceedings pursuant to the Courts referral of the Parties to ADR Procedure No. 3 Private Mediation; The Parties shall have until March 12, 2019 to file and have heard all other motions, including motions to join or amend the pleadings; A pretrial conference will be held on April 29, 2019 at 3:00 PM; and The case is set for a jury trial, May 7, 2019 at 8:30 AM. (lwag)
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| Filing 22 STIPULATION to Continue Trial Date & Scheduling Deadlines from January 22, 2019 to May 8, 2019 filed by Defendant YRC Inc.. (Attachments: #1 Proposed Order)(Doshi, Pankit) |
| Filing 21 NOTICE of Change of Attorney Business or Contact Information: for attorney Ronald J Holland, II counsel for Defendant YRC Inc.. Changing Address and firm name to 275 Middlefield Road, Suite 100, McDermott, Will & Emery LLP. Changing Email and fax number to rjholland@mwe.com, pdoshi@mwe.com, pshecter@mwe.com, (650) 815 7401. Filed by Defendant YRC Inc., a Delaware Corporation d/b/a YRC Freight. (Holland, Ronald) |
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Filing 20
**NOTE: CHANGES MADE BY THE COURT** ORDER Granting Joint Stipulation to Continue Scheduling Deadlines #19 by Judge Cormac J. Carney: IT IS HEREBY ORDERED THAT: Plaintiff must file any class certification motion by May 29, 2018; with Defendant's opposition to any such motion due June 26, 2018; Plaintiff's Reply to any such motion due July 19, 2018; and a hearing on any such motion on July 27, 2018 or at the next available court date; All discovery, including discovery motions, shall be completed by September 25, 2018; The Parties shall have until October 16, 2018 to conduct settlement proceedings pursuant to the Court's referral of the Parties to ADR Procedure No. 3-Private Mediation; The Parties shall have until November 27, 2018 to file and have heard all other motions, inculding motions to join or amend the pleadings; A pretial conference will be held on January 14, 2019 at 3:00 PM, or at the next available court date; and The case is set for a jury trial, Tuesday, January 22, 2019 at 8:30 AM, or at the next available court date. (lwag)
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| Filing 19 STIPULATION to Continue Filing Plaintiffs' Class Certification Motion from January 29, 2018 to May 29, 2018 filed by Defendant YRC Inc.. (Attachments: #1 Proposed Order)(Doshi, Pankit) |
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Filing 18
ORDER by Judge Cormac J. Carney, Granting Joint Stipulation to Continue Scheduling Deadlines #17 . ( Jury Trial set for 9/11/2018 08:30 AM before Judge Cormac J. Carney., Pretrial Conference set for 8/27/2018 03:00 PM before Judge Cormac J. Carney.) (twdb)
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| Filing 17 STIPULATION to Continue Scheduling Order Dates/Deadlines and Trial Date from April 17, 2018 to September 11, 2018 Re: Pretrial-Trial Scheduling Order - form only, #11 filed by Defendant YRC Inc.. (Attachments: #1 Proposed Order)(Attorney Pankit J Doshi added to party YRC Inc.(pty:dft))(Doshi, Pankit) |
| Filing 16 Effective April 10, 2017, Judge McDermott will be located at the Edward R. Roybal Federal Building, COURTROOM 630 on the 6th Floor, located at 255 East Temple Street, Los Angeles, California 90012. All court appearances shall be made in Courtroom 630 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mailbox located outside the Clerk's Office on the 1st Floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 15 NOTICE of Appearance filed by attorney Ellen M Bronchetti on behalf of Defendant YRC Inc. (Attorney Ellen M Bronchetti added to party YRC Inc.(pty:dft))(Bronchetti, Ellen) |
| Filing 14 NOTICE of Change of firm name and address by Ronald J Holland, II attorney for Defendant YRC Inc.. Changing firm name to DLA Piper LLP (US) and address to 555 Mission Street, Suite 2400, San Francisco, CA 94105. Filed by Defendant YRC Inc.. (Attorney Ronald J Holland, II added to party YRC Inc.(pty:dft))(Holland, Ronald) |
| Filing 13 REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Plaintiff Ramona J. Hogue(Ackermann, Craig) |
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Filing 12
ORDER REGARDING SETTLEMENT PROCEDURES, PRE-TRIAL CONFERENCE AND TRIAL by Judge Cormac J. Carney. (mku)
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Filing 11
SCHEDULING ORDER by Judge Cormac J. Carney. Class Certification Motion Deadline: November 13, 2017. Discovery cut-off 1/11/2018. Motions due by 3/12/2018. Last date to conduct settlement conference is 2/6/2018. Pretrial Conference set for 4/9/2018 at 3:00 p.m. Jury Trial set for 4/17/2018 at 8:30 a.m. (mku)
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| Filing 10 JOINT RULE 26(F) REPORT filed by Plaintiff Ramona J. Hogue. (Ackermann, Craig) |
| Filing 9 NOTICE OF INTENT upon filing of the complaint by Judge Cormac J. Carney. Scheduling order to be issued on October 13, 2016. (mku) |
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Filing 8
ORDER Granting Joint Stipulation and Vacating Plaintiffs' Deadline to File Motion for Class Certification #7 by Judge Cormac J. Carney: GOOD CAUSE APPEARING as set forth in the Parties Joint Stipulation to Vacate Plaintiffs Deadline to File Motion for Class Certification; IT IS HEREBY ORDERED THAT: The Deadline for Plaintiffs to file a motion for class certification in this action by September 21, 2016 pursuant to Local Rule 23-3 is vacated; The Court will set an appropriate deadline and briefing schedule for Plaintiffs motion for class certification in this action at the Rule 16(b) scheduling conference; and Counsel shall include a proposed date and briefing schedule for the motion in their Joint Rule 16(b) Report. (lwag)
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| Filing 7 Joint STIPULATION to Vacate PLAINTIFFS DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION filed by Plaintiff Ramona J. Hogue. (Attachments: #1 Proposed Order GRANTING JOINT STIPULATION AND VACATING PLAINTIFFS DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION)(Ackermann, Craig) |
| Filing 6 CERTIFICATE OF SERVICE filed by Defendant YRC Inc., re Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 , 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 served on 06/27/16. (Jeng, Patricia) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Virginia A. Phillips and referred to Magistrate Judge John E. McDermott for discovery. Pursuant to General Order 14-03, this case has been randomly reassigned to District Judge Cormac J. Carney. The case number on all documents filed with the Court in this case should read as follows: 5:16-cv-1338 CJC (JEMx). (esa) |
| CONFORMED COPY OF COMPLAINT against defendants Does 1-20, inclusive, YRC Inc. Jury Demand, filed by Plaintiff Ramona J. Hogue. (esa) |
| CONFORMED COPY OF ANSWER to Complaint filed by defendant YRC Inc.(esa) |
| Filing 3 NOTICE of Interested Parties filed by Defendant YRC, Inc. dba YRC Freight, identifying YRC Worldwide Inc.. (Cowie, Paul) |
| Filing 2 CIVIL COVER SHEET filed by Defendant YRC, Inc. dba YRC Freight. (Cowie, Paul) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino, case number CIVDS1607892 Receipt No: 0973-18065083 - Fee: $400, filed by Defendant YRC, Inc. dba YRC Freight. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Attorney Paul S Cowie added to party YRC, Inc. dba YRC Freight(pty:dft))(Cowie, Paul) |
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