Thomas E. Perez v. West Coast Drywall and Company, Inc. et al
| Thomas E. Perez |
| West Coast Drywall and Company, Inc, Mark D. Herbert, Santos Garcia and West Coast Drywall and Company Inc |
| 5:2016cv01565 |
| July 18, 2016 |
| US District Court for the Central District of California |
| Beverly Reid O'Connell |
| Sheri Pym |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| None |
Docket Report
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| Filing 38 CONSENT JUDGMENT by Judge Beverly Reid O'Connell that the filing, pursuit, and/or resolution of this proceeding with the entry of this Judgment shall not act as or be asserted as a bar to any action or claim under FLSA 16(b), 29 U.S.C. 216(b), as to any employee not named on the attached Exhibit 1 or Amended Exhibit 1, nor as to any employee named on the attached Exhibit 1 or the Amended Exhibit 1 for any period not specified therein, nor as to any employer other than Defendants; and it is further ORDERED that this Judgment represents a full resolution of all claims alleged against Defendants in the Secretarys Complaint for the employees named in Exhibit 1; and, it is further ORDERED that each party shall bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding, including but not limited to attorneys fees, which may be available under the Equal Access to Justice Act, as amended; and it is further ORDERED that this Court shall retain jurisdiction of this action for purposes of enforcing compliance with the terms of this Judgment. (jp) |
| Filing 37 NOTICE OF LODGING filed re Stipulation to Continue #36 (Attachments: #1 Consent Judgment)(Camacho, Demian) |
| Filing 36 STIPULATION to Continue deadline to file consent judgment filed by plaintiff Thomas E. Perez. (Attachments: #1 Proposed Order)(Orlov, Boris) |
| Filing 35 SCHEDULING NOTICE by Judge Beverly Reid O'Connell. The Court has received a Notice of Settlement, filed December 14, 2016 (docket #34 ). The Court VACATES all pending dates. The parties are ordered to file a Stipulation and Proposed Order Dismissing the action on or before January 13, 2017 or, in the alternative a Joint Status Report. Failure to comply with the Court's Order shall be deemed consent to the dismissal of the action. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 34 NOTICE of Settlement filed by Defendants West Coast Drywall & Company; Mark D. Herbert, and Santos Garcia West Coast Drywall and Company Inc. (Woo, Andrew) |
| Filing 33 Application for Substitute Attorney to Appear By Telephone on Behalf of Defendants filed by Defendants Santos Garcia, Mark D. Herbert, West Coast Drywall and Company Inc (Woo, Andrew) |
Filing 32
ORDER by Judge Beverly Reid O'Connell, re Stipulation to Continue, #29 The scheduling conference set for November 21, 2016 is VACATED and CONTINUED to December 19, 2016 at 1:30 pm. (rfi)
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| Filing 31 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15 days, filed by Plaintiff Thomas E. Perez.. (Attachments: #1 Exhibit Calendar)(Shao, Sonya) |
| Filing 30 MINUTES (IN CHAMBERS) by Judge Beverly Reid O'Connell: The Court GRANTS Plaintiff's Motion to Strike Defendants' Affirmative Defenses as to defenses one, six, eight, and nine against all FLSA claims. The Court DENIES Plaintiff's Motion to Strike Defendants' Affirmative Defenses as to Defendants' second affirmative defense. IT IS SO ORDERED. #24 (rfi) |
| Filing 29 Joint STIPULATION to Continue Scheduling Conference from November 21, 2016 to November 28, 2016 filed by Defendants West Coast Drywall & Company; Mark D. Herbert, and Santos Garcia West Coast Drywall and Company Inc. (Attachments: #1 Proposed Order)(Woo, Andrew) |
| Filing 28 SCHEDULING NOTICE by Judge Beverly Reid O'Connell. ORDER VACATING HEARING. The Court has pending, SECRETARY'S MOTION TO STRIKE DEFENDANTS AFFIRMATIVE DEFENSES (filed 10/7/2016) #24 The Court concludes that the matter is appropriate for resolution without the argument of counsel. Accordingly, the hearing previously scheduled for Monday, November 14, 2016 at 1:30 p.m., is hereby VACATED. Fed. R. Civ. P. 78; C.D. Cal. R. 7-15. IT IS SO ORDERED THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 27 REPLY In support of NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses in Answer to Complaint (Attorney Civil Case Opening), #19 #24 filed by Plaintiff Thomas E. Perez. (Shao, Sonya) |
| Filing 26 NOTICE TO PARTIES by District Judge Beverly Reid O'Connell. Effective October 31, 2016, Judge O'Connell will be located at the 1st Street 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 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. 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 Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 25 OPPOSITION to NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses in Answer to Complaint (Attorney Civil Case Opening), #19 #24 filed by Defendant West Coast Drywall and Company Inc. (Woo, Andrew) |
| Filing 24 NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses in Answer to Complaint (Attorney Civil Case Opening), #19 filed by plaintiff Thomas E. Perez. Motion set for hearing on 11/14/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Memorandum, #2 Proposed Order) (Orlov, Boris) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Demian Camacho counsel for Plaintiff Thomas E. Perez. Adding Demian Camacho as counsel of record for Thomas E. Perez for the reason indicated in the G-123 Notice. Filed by Plaintiff Thomas E. Perez. (Attorney Demian Camacho added to party Thomas E. Perez(pty:pla))(Camacho, Demian) |
| Filing 22 INITIAL DISCLOSURE of STATEMENT AND NOTICE OF INTERESTED PARTIES filed by Defendant West Coast Drywall and Company Inc (Woo, Andrew) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening), #19 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (jloz) |
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Filing 20
ORDER SETTING SCHEDULING CONFERENCE by Judge Beverly Reid O'Connell. Scheduling Conference set for 11/21/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (rfi)
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| Filing 19 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendants West Coast Drywall & Company; Mark D. Herbert, and Santos Garcia West Coast Drywall and Company Inc.(Attorney Andrew H Woo added to party West Coast Drywall and Company Inc(pty:dft))(Woo, Andrew) |
| Filing 18 RESPONSE filed by Plaintiff Thomas E. Perezto Order to Show Cause, #16 (Attachments: #1 Declaration)(Orlov, Boris) |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Sonya P Shao counsel for Plaintiff Thomas E. Perez. Adding Sonya P. Shao as counsel of record for Thomas E. Perez for the reason indicated in the G-123 Notice. Filed by plaintiff Thomas E. Perez. (Attorney Sonya P Shao added to party Thomas E. Perez(pty:pla))(Shao, Sonya) |
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Filing 16
ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Beverly Reid O'Connell. Plaintiffs must respond to this order on or before September 19, 2016. Failure to respond to this OSC will be deemed consent to the dismissal of the action. IT IS SO ORDERED. See order for details. (jy)
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| Filing 15 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Thomas E. Perez, upon Defendant Mark D. Herbert acknowledgment sent by Plaintiff on 8/26/2016, answer due 9/16/2016. Acknowledgment of Service signed by Andrew H. Woo, Attorney. (Camacho, Demian) |
| Filing 14 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Thomas E. Perez, upon Defendant Santos Garcia acknowledgment sent by Plaintiff on 8/26/2016, answer due 9/16/2016. Acknowledgment of Service signed by Andrew H. Woo, Attorney. (Camacho, Demian) |
| Filing 13 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Thomas E. Perez, upon Defendant West Coast Drywall and Company Inc acknowledgment sent by Plaintiff on 8/15/2016, answer due 9/6/2016. Acknowledgment of Service signed by Andrew H. Woo, Attorney. (Camacho, Demian) |
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Filing 12
STANDING ORDER by Judge Beverly Reid O'Connell. (cw)
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| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Santos Garcia. (et) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Mark D. Herbert. (et) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant West Coast Drywall and Company Inc. (et) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendants Santos Garcia, Mark D. Herbert, West Coast Drywall and Company Inc. (jp) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (mrgo) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Beverly Reid OConnell and Magistrate Judge Sheri Pym. (mrgo) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Secretary of Labor Thomas E. Perez. (Kim, Grace) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Secretary of Labor Thomas E. Perez. (Kim, Grace) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Secretary of Labor Thomas E. Perez. (Kim, Grace) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Thomas E. Perez. (Kim, Grace) |
| Filing 1 COMPLAINT No Fee Required - US Government, filed by Plaintiff Secretary of Labor Thomas E. Perez. (Attorney Grace A Kim added to party Thomas E. Perez(pty:pla))(Kim, Grace) |
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