Curtis Markson et al v. CRST International, Inc. et al
Plaintiff: Curtis Markson, Mark McGeorge, Eric Clark and Clois McClendon
Defendant: CRST International, Inc., CRST Expedited, Inc. doing business as CRST The Transportation Solution Inc, Does 1-100, inclusive, C.R. England, Inc., Western Express, Inc., Schneider National, Inc., Southern Refrigerated Transport, Inc., Schneider National Carriers Inc, Covenant Transport, Inc., Paschall Truck Lines Inc, Stevens Transport Inc, Paschall Truck Lines, Inc. and Western Express, Inc. doing business as Western Express Transport of California Inc
Interested Party: United States of America
Case Number: 5:2017cv01261
Filed: June 22, 2017
Court: US District Court for the Central District of California
Presiding Judge: Stanley Blumenfeld
Referring Judge: Sheri Pym
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations
Jury Demanded By: Defendant
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This docket was last retrieved on February 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 23, 2023 Opinion or Order Filing 726 FINAL JUDGMENT AS TO DEFENDANTS CRST INTERNATIONAL, INC., CRST EXPEDITED, INC., AND C.R. ENGLAND, INC. by Judge Stanley Blumenfeld, Jr.: The Court, having granted final approval of the Class Action Settlements between Plaintiffs Curtis Markson, Mark McGeorge, Clois McClendon, And Eric Clark (Plaintiffs) and Defendants CRST International, Inc., CRST Expedited, Inc., and C.R. England, Inc. (Settling Defendants., and together with Plaintiffs, the Settling Parties) #724 , hereby enters FINAL JUDGMENT in this action, and ORDERS, ADJUDGES, AND DECREES: The Court hereby approves the Settlements, including attorneys' fees of 25% of the total $2,125,000 settlement amount (i.e., $531,250), litigation costs in the total amount of $473,629.87; service awards in the amount of $1,500 to each of the four named Plaintiffs; settlement administration costs in the amount of $303,500; and the LWDA's share of the allocated PAGA penalties in the amount of $37,500. The Court hereby orders the Settlement Administrator to distribute the individual settlement amounts to the participating Class Members in accordance with the provisions of the Settlement Agreements. Following entry of this Final Judgment, the Court will dismiss the Settling Defendants from this action with prejudice. See document for further details. (MD JS-6, Case Terminated). (gk)
February 22, 2023 Opinion or Order Filing 725 NOTICE OF LODGING filed By Plaintiffs re Order on Motion for Attorney Fees,,,,,,, Order on Motion for Order,,,,,, #724 (Melmed, Jonathan)
February 17, 2023 Opinion or Order Filing 724 ORDER GRANTING MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND PARTIALLY GRANTING MOTION FOR ATTORNEYS' FEES AND COSTS by Judge Stanley Blumenfeld, Jr.: Plaintiffs' unopposed motion for final approval of the class settlement #714 is GRANTED, and the settlement agreements are FINALLY APPROVED. For the reasons stated in its 10/31/2022 preliminary certification order, the Court (1) certifies for settlement purposes the CRE Settlement Class, CRST Antitrust Subclass, and CRST Labor Code Subclass, as defined above; (2) appoints Plaintiffs Curtis Markson, Mark McGeorge, Clois McClendon, and Eric Clark as class representatives for the CRE Settlement Class and the CRST Antitrust Subclass; (3) appoints Plaintiffs Curtis Markson, Mark McGeorge, and Clois McClendon as class representatives for the CRST Labor Code Subclass; and (4) appoints Mark M. Seltzer, Steven G. Sklaver, Matthew Berry, Krysta Kauble Pachman, and Ian M. Gore of Susman Godfrey L.L.P., William J. Gorham and Robert J. Wasserman of Mayall Hurley P.C., Craig J. Ackermann and Avi Kreitenberg of Ackermann & Tilajef, P.C., and Jonathan Melmed of Melmed Law Group, P.C. as class counsel. Plaintiffs' claims against Defendants CRST International, Inc., CRST Expedited, Inc., and C.R. England, Inc. are DISMISSED with prejudice. Plaintiffs' unopposed motion for attorneys' fees, litigation costs, and incentive awards #712 is GRANTED in part. The Court awards $531,250 in attorneys' fees and $473,629.87 in litigation costs to Plaintiffs' counsel and a $1,500 incentive payment to each named Plaintiff. The parties within three business days after entry of this Order shall submit an agreed proposed final judgment. (gk)
February 17, 2023 Opinion or Order Filing 723 MINUTES OF Final Approval of Settlements and Motion for Attorney Fees Hearing #712 #714 held before Judge Stanley Blumenfeld, Jr. Case called and appearances made. The parties submitted on the Courts tentative opinion on the pending motions for final approval of class settlement and for attorneys fees and costs. The Court adopts its tentative order, which will be entered separately. The parties shall submit an agreed proposed final judgment no later than February 23, 2023. Court Reporter: Suzanne McKennon. (rolm)
February 14, 2023 Opinion or Order Filing 722 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The request to appear remotely by counsel for Defendants CRST Expedited, Inc. and CRST International, Inc., James Hanson, is GRANTED. Dkt. No. #721 . Instructions for appearing remotely for the hearing can be found on Judge Blumenfeld's webpage. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
February 14, 2023 Opinion or Order Filing 721 NOTICE OF MOTION AND MOTION for Leave of James H. Hanson to Appear for Remotely Via Zoom filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 2/17/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of James H. Hanson in Support of CRST's Motion for Leave to Appear Remotely via Zoom, #2 Proposed Order Granting Defendant CRST's Motion for Leave to Appear Remotely via Zoom) (Hanson, James)
February 13, 2023 Opinion or Order Filing 720 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Order for Granting Final Approval #714 filed by Plaintiff Curtis Markson. (Attachments: #1 Declaration of Kimberly Ness Regarding Exclusions, #2 Proposed Order)(Melmed, Jonathan)
February 7, 2023 Opinion or Order Filing 719 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The requests to appear remotely by Defendants CRST Expedited, Inc., CRST International, Inc., and C.R. England are GRANTED. Instructions for appearing remotely for the hearing can be found on Judge Blumenfeld's webpage. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
February 7, 2023 Opinion or Order Filing 718 NOTICE OF MOTION AND MOTION to Appear Remotely Via Zoom at the Hearing on Plaintiffs' Motion for Approval of Class Action Settlement filed by Defendant C.R. England, Inc.. Motion set for hearing on 2/17/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Seth Goldstein in Support of C.R. England's Motion for Leave to Appear Via Zoom at the Hearing on Plaintiffs' Motion for Final Approval of Class Action Settlement, #2 Proposed Order Granting C.R. England's Motion for Leave to Appear Via Zoom at the Hearing on Plaintiffs' Motion for Final Approval of Class Action Settlement) (Goldstein, Seth)
February 6, 2023 Opinion or Order Filing 717 NOTICE OF MOTION AND MOTION for Leave of Jeetander T. Dulani to Appear for Remotely via Zoom filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 2/17/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration OF JEETANDER T. DULANI IN SUPPORT OF DEFENDANT CRSTS MOTION FOR LEAVE TO APPEAR REMOTELY VIA ZOOM AT THE HEARING ON PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT, #2 Proposed Order GRANTING DEFENDANT CRSTS MOTION FOR LEAVE TO APPEAR REMOTELY VIA ZOOM AT THE HEARING ON PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT) (Huang, Emily)
February 6, 2023 Opinion or Order Filing 716 Notice of Appearance or Withdrawal of Counsel: for attorney Emily Hsuan Fang Huang counsel for Defendants CRST Expedited, Inc., CRST International, Inc.. David C. Grossman is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants CRST INTERNATIONAL, INC. and CRST EXPEDITED, INC.. (Huang, Emily)
February 6, 2023 Opinion or Order Filing 715 Notice of Motion and Motion to Appear Remotely Via Zoom at the Hearing on Plaintiffs' Motion for Preliminary Approval of Class Action Settlement filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Declaration of Charles Andrewscavage in Support of Defendant's Motion for Leave to Appear Remotely Via Zoom at Hearing on Plaintiffs' Motion for Preliminary Approval of Class Action Settlement, #2 Proposed Order Granting Defendant's Motion for Leave to Appear Remotely Via Zoom at the Hearing on Plaintiffs' Motion for Preliminary Approval of Class Action Settlement)(Andrewscavage, Charles)
January 20, 2023 Opinion or Order Filing 714 NOTICE OF MOTION AND MOTION for Order for Granting Final Approval filed by Plaintiff's Curtis Markson. Motion set for hearing on 2/17/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum, #2 Declaration of Jonathan Melmed, #3 Declaration of Kimberly Ness, #4 Proposed Order) (Melmed, Jonathan)
December 20, 2022 Opinion or Order Filing 713 NOTICE OF ERRATA filed by Plaintiff Eric Clark. correcting NOTICE OF MOTION AND MOTION for Attorney Fees #712 (Attachments: #1 Exhibit Declaration of Jonathan Melmed, #2 Exhibit Declaration of Craig J. Ackermann, #3 Exhibit Declaration of Robert J. Wasserman)(Melmed, Jonathan)
December 20, 2022 Opinion or Order Filing 712 NOTICE OF MOTION AND MOTION for Attorney Fees Curtis Markson. Motion set for hearing on 2/17/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Jonathan Melmed, #3 Declaration of Craig J Ackermann, #4 Declaration of Robert J Wasserman, #5 Declaration of Steven G Sklaver, #6 Declaration of Eric Clark, #7 Declaration of Curtis Markson, #8 Declaration of Clois McClendon, #9 Declaration of Mark McGeorge, #10 Proposed Order) (Melmed, Jonathan)
December 13, 2022 Opinion or Order Filing 711 TRANSCRIPT ORDER as to plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge for Court Reporter. Court will contact Tammie DeNio at tdenio@susmangodfrey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Kauble Pachman, Krysta)
November 14, 2022 Opinion or Order Filing 710 DECLARATION of Seth Goldstein filed by Defendant C.R. England, Inc.. (Attachments: #1 Exhibit A)(Goldstein, Seth)
November 14, 2022 Opinion or Order Filing 709 DECLARATION of James H. Hanson filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Defendants' Class Action Fairness Act Settlement Notice)(Hanson, James)
October 31, 2022 Opinion or Order Filing 708 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: In light of the Court's order at Dkt. No. #707 , the Court VACATES the jury trial set for hearing on November 14, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
October 31, 2022 Opinion or Order Filing 707 ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH C.R. ENGLAND AND CRST by Judge Stanley Blumenfeld, Jr.: The Court GRANTS Plaintiffs' motion for preliminary approval of the class action settlements #694 as follows: (1) The CRE Settlement Class, CRST Antitrust Subclass, and CRST Labor Code Subclass, as defined above, are preliminarily certified for settlement purposes. (2) Plaintiffs Curtis Markson, Mark McGeorge, Clois McClendon, and Eric Clark are preliminarily appointed as class representatives for the CRE Settlement Class and the CRST Antitrust Subclass. Plaintiffs Curtis Markson, Mark McGeorge, and Clois McClendon are preliminarily appointed as class representatives for the CRST Labor Code Subclass. (3) Mark M. Seltzer, Steven G. Sklaver, Matthew Berry, Krysta Kauble Pachman, and Ian M. Gore of Susman Godfrey L.L.P., William J. Gorham and Robert J. Wasserman of Mayall Hurley P.C., Craig J. Ackermann and Avi Kreitenberg of Ackermann & Tilajef, P.C., and Jonathan Melmed of Melmed Law Group, P.C. are preliminarily appointed as class counsel for the CRE Settlement Class, CRST Antitrust Subclass, and CRST Labor Code Subclass. (4) The Court preliminarily approves Plaintiffs' settlements with C.R. England, Inc. ("CRE") and with CRST International, Inc. and CRST Expedited, Inc. (together, "CRST") as fair, adequate, and reasonable, subject to any objections that may be raised at the final fairness hearing. (5) A hearing for final approval of the settlements is set for 2/17/2023 at 8:30 AM. (6) The Court appoints JND Legal Administration as the settlement administrator and approves Plaintiffs' proposed notice procedure. (gk)
October 31, 2022 Opinion or Order Filing 706 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The Court reminds the parties of their obligation to promptly serve upon the appropriate state and federal officials the notice required by 28 U.S.C. 1715(b), if they have not done so already. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
October 28, 2022 Opinion or Order Filing 705 JOINT STATEMENT of Issues Raised on Record in Support of NOTICE OF MOTION AND MOTION for Order for Granting Preliminary Approval of Class Action Settlement #694 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ackermann, Craig)
October 28, 2022 Opinion or Order Filing 704 MINUTES OF Hearing re Motion for Preliminary Approval of Class Action Settlement with C.R. England and CRST #694 held before Judge Stanley Blumenfeld, Jr.: The Court heard from the parties as to the Court's tentative ruling on the motion granting preliminary approval of class action settlement. By agreement of the parties, the parties no later than 5:00 p.m. today shall file (1) a joint statement addressing the issues raised on the record, including their agreement regarding the end date of the class period, the allocation method for the CRST Labor Code Subclass funds, the correct name of the proposed class administrator, and their reasons for the proposed modifications to the class notices, (2) their jointly-agreed amended proposed class notices, including versions reflecting both possible allocation methods for the Labor Code Subclass, and (3) redlines of the proposed class notices reflecting the proposed changes. Court Reporter: Suzanne McKennon. (gk)
October 25, 2022 Opinion or Order Filing 703 (IN CHAMBERS) ORDER GRANTING Defendants CRST Motion to Appear Remotely #702 by Judge Stanley Blumenfeld, Jr.: The Court GRANTS the request by Defendants CRST at Dkt. No. #702 as indicated in the Court's prior order at Dkt. No. #701 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
October 24, 2022 Opinion or Order Filing 702 NOTICE OF MOTION AND MOTION to Appear Remotely at Hearing filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 10/28/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration, #2 Proposed Order) (Huang, Emily)
October 24, 2022 Opinion or Order Filing 701 ORDER REGARDING REMOTE APPEARANCES AT PRELIMINARY APPROVAL HEARING by Judge Stanley Blumenfeld, Jr.: Counsel for all parties have filed requests to appear remotely at the October 28 hearing on Plaintiffs' motion for preliminary approval of class settlement. Dkt. Nos. 698, 699, 700. The Court may have questions for Plaintiffs' counsel at the hearing and expects either lead counsel for Plaintiffs (currently William Gorham) or Jonathan Melmed, who filed the motion, to appear in person at the hearing. All other counsel may appear remotely by Zoom. IT IS SO ORDERED. (jgr)
October 24, 2022 Opinion or Order Filing 700 NOTICE OF MOTION AND MOTION for Leave of Defendant to Appear for Remotely at Hearing filed by Defendant C.R. England, Inc.. Motion set for hearing on 10/28/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Seth M. Goldstein, #2 Supplement) (Goldstein, Seth)
October 24, 2022 Opinion or Order Filing 699 NOTICE OF MOTION AND MOTION to to Appear Remotely at Hearing filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 10/28/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration, #2 Proposed Order) (Wasserman, Robert)
October 24, 2022 Opinion or Order Filing 698 NOTICE OF MOTION AND MOTION for Leave of James H. Hanson to Appear for Remotely Via Zoom filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 10/28/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of James Hanson in Support of CRST's Motion for Leave to Appear Remotely via Zoom, #2 Proposed Order Granting Defendant CRST's Motion for Leave to Appear Remotely via Zoom) (Hanson, James)
October 24, 2022 Opinion or Order Filing 697 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Order for Granting Preliminary Approval of Class Action Settlement #694 filed by Plaintiff Curtis Markson. (Attachments: #1 Declaration of Jonathan Melmed)(Melmed, Jonathan)
October 18, 2022 Opinion or Order Filing 696 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: Plaintiffs are ORDERED no later than October 24, 2022 at 9:00 a.m. to file a concise supplemental brief showing that the CRST Labor Code subclass should be preliminarily certified. SEE ORDER FOR DETAILS. (jgr)
October 18, 2022 Opinion or Order Filing 695 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: In light of the pending motion and the class action settlement, the Court VACATES the Final Pretrial Conference originally set for hearing at 10:00 a.m. on October 21, 2022. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
September 22, 2022 Opinion or Order Filing 694 NOTICE OF MOTION AND MOTION for Order for Granting Preliminary Approval of Class Action Settlement filed by Plaintiffs Curtis Markson. Motion set for hearing on 10/28/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Jonathan Melmed, #3 Proposed Order) (Melmed, Jonathan)
September 12, 2022 Opinion or Order Filing 693 ORDER GRANTING JOINT STIPULATION IN PART AND SETTING IN-PERSON STATUS CONFERENCE by Judge Stanley Blumenfeld, Jr.: The parties' Joint Stipulation seeks a further 30-day extension of the current deadline for filing their motions for preliminary approval #692 . The Court grants the stipulation in part and will allow the parties approximately two extra weeks to file their motion(s) for preliminary approval of their settlements. The parties shall file their motion(s) by 9/22/2022, and the Court extends the stay to that date. If the parties request any further extensions, they must appear in person at a Status Conference on 9/23/2022 08:30 AM before Judge Stanley Blumenfeld Jr., to explain in detail why they were unable--despite the exercise of due diligence--to finalize their settlements in the time allowed. The status conference will be automatically vacated without further order of the Court when the parties timely file their motion(s) for preliminary approval. (gk)
September 9, 2022 Opinion or Order Filing 692 Joint STIPULATION to Continue Plaintiffs Deadline to File Motions for Preliminary Approval of Class Action Settlements from 9/12/2022 to 10/7/2022 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order)(Wasserman, Robert)
August 11, 2022 Opinion or Order Filing 691 ORDER VACATING HEARING AND DENYING MOTION FOR SUMMARY JUDGMENT AS MOOT ON SETTLEMENT ANNOUNCEMENTS by Judge Stanley Blumenfeld, Jr.: Plaintiffs and the three remaining Defendants--CRST International, Inc., CRST Expedited, Inc., and C.R. England, Inc.--filed notices that they have reached agreements to settle their disputes on a classwide basis. The parties represent that they expect to file motions for preliminary approval of their settlements within 30 days and ask the Court to refrain from ruling on the motion for summary judgment set for hearing on 8/12/2022. In light of the parties' settlement, the Court DENIES as moot the summary judgment motion #613 and the United States's motion for leave to file a letter of supplemental authority #685 and VACATES the August 12 motion hearing. All remaining deadlines in this action are STAYED for 30 days to allow the parties to file their motion(s) for preliminary class settlement approval. If the stay is lifted for failure to timely file the anticipated motion(s), the Court will add no more than 30 days to the current deadlines. (gk)
August 11, 2022 Opinion or Order Filing 690 NOTICE of Settlement between Plaintiffs and Defendant C.R. England, Inc. filed by Defendant C.R. England, Inc.. (Goldstein, Seth)
August 11, 2022 Opinion or Order Filing 687 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr: Having received the Notice of Settlement between Plaintiffs and the CRST defendants (Dkt. No. #686 ), the Court GRANTS the request for plaintiffs counsel Robert J. Wasserman and counsel for the CRST defendants James H. Hanson and Jeetander Dulani to appear remotely at the August 12, 2022 hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
August 11, 2022 Opinion or Order Filing 686 NOTICE of Settlement filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Hanson, James)
August 11, 2022 Opinion or Order Filing 685 NOTICE OF MOTION AND MOTION to File Letter of Supplemental Authority re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims filed by Interested Party United States of America. Motion set for hearing on 8/12/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order, #2 Exhibit) (Posner, Eric)
August 10, 2022 Opinion or Order Filing 689 ORDER OF DISMISSAL WITH PREJUDICE OF SETTLING DEFENDANTS FOLLOWING FINAL APPROVAL ORDER AND ENTRY OF FINAL JUDGMENT AS TO THE SETTLING DEFENDANTS by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #684 , the Court hereby dismisses this action with prejudice as to the Settling Defendants Western Express, Inc., Schneider National Carriers Inc., Southern Refrigerated Transport, Inc., Covenant Transport, Inc., Paschall Truck Lines, Inc., and Stevens Transport, Inc. Except for the specified matters as to which the Court retains continuing jurisdiction, the Settling Defendants are dismissed with prejudice from this action. Except as set forth in the Settlement Agreements, the Court's Final Approval Order and/or the Court's Final Judgment as to the Settling Defendants, each side shall bear its own attorneys' fees and costs. (gk)
August 10, 2022 Opinion or Order Filing 688 FINAL JUDGMENT AS TO SETTLING DEFENDANTS WESTERN EXPRESS, INC., SCHNEIDER NATIONAL CARRIERS, INC., SOUTHERN REFRIGERATED TRANSPORT, INC., COVENANT TRANSPORT, INC., PASCHALL TRUCK LINES, INC., AND STEVENS TRANSPORT, INC. by Judge Stanley Blumenfeld, Jr.: The Court hereby enters Final Judgment in this action as to the Settling Defendants Western Express, Inc., Schneider National Carriers Inc., Southern Refrigerated Transport, Inc., Covenant Transport, Inc., Paschall Truck Lines, Inc., and Stevens Transport, Inc. in accordance with the Settlements and the Order Granting Plaintiffs' Motion for Final Approval of Class Action Settlement and Partially Granting Motion for Attorneys' Fees and Costs filed 8/5/2022 ("Final Approval Order") #681 . The Court ORDERS, ADJUDGES, AND DECREES that nothing contained herein shall constitute a release of Plaintiffs' claims, and the claims of the Settlement Class members, against the Non-Settling Defendants CRST International, Inc., CRST Expedited Inc., and C.R. England, Inc., which remain pending. This Order constitutes the Court's Final Judgment as and between the Settling Parties only. In accordance with the Courts Final Approval Order, the Court approved the gross non-reversionary total settlement amount of $9,750,000, including $700,000 from Paschall; $750,000 from Schneider; $800,000 from Covenant and Southern, together; $2 million from Western; and $5.5 million from Stevens. The settlement fund of $9,750,000 will be used to pay (1) costs of class notice and administration of the settlement fund, (2) incentive awards to the named Plaintiffs, (3) attorneys fees and litigation expenses awarded by the Court, and (4) the remainder shall be paid to the Settlement Class members pro rata based on the weeks worked by each class member for Defendants. In accordance with the Final Approval Order and the Settlements, $252,650 in settlement administration costs shall be paid from the settlement fund to JND Legal Administration LLC, the settlement administrator. Class Representative Incentive Awards shall be paid from the settlement fund as follows: $15,000 for Curtis Markson; $13,500 for Mark McGeorge; $12,000 for Clois McClendon; and $12,000 for Eric Clark. Class Counsel shall be paid from the settlement fund attorneys' fees in the amount of $2,437,500, and litigation costs shall also be reimbursed from the settlement fund in the amount of $2,716,510.45. Following entry of this Order, the Court will dismiss the Settling Defendants from this action with prejudice by separate order. Although the Settling Defendants will be dismissed from this action with prejudice, the Court shall maintain jurisdiction over the Settling Defendants for one year from the date of entry of this Judgment as to the Settling Defendants. See document for further details. (gk)
August 8, 2022 Opinion or Order Filing 684 STIPULATION to Dismiss Settling Defendants Covenant Transport, Inc., Paschall Truck Lines Inc, Schneider National Carriers Inc, Southern Refrigerated Transport, Inc., Stevens Transport Inc, Western Express, Inc. filed by Plaintiffs Clois McClendon, Mark McGeorge, Curtis Markson, Eric Clark. (Attachments: #1 Proposed Order)(Ackermann, Craig)
August 8, 2022 Opinion or Order Filing 683 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement #610 (Attachments: #1 Proposed Final Judgment)(Ackermann, Craig)
August 5, 2022 Opinion or Order Filing 682 ORDER by Judge Stanley Blumenfeld, Jr: GRANTING #679 Non-Resident Attorney Eric A. posner APPLICATION to Appear Pro Hac Vice on behalf of Interested Party United States of America, designating Joanne Osinoff as local counsel. (shb)
August 5, 2022 Opinion or Order Filing 681 ORDER GRANTING MOTION FOR FINAL APPROVAL OF CLASS SETTLEMENT AND PARTIALLY GRANTING MOTION FOR ATTORNEYS' FEES AND COSTS by Judge Stanley Blumenfeld, Jr.: Plaintiffs' unopposed motion for final approval of the class settlement #610 is GRANTED and the settlement agreements are FINALLY APPROVED. Plaintiffs' unopposed motion for attorneys' fees, litigation costs and an incentive award #609 is GRANTED in part. The Court awards $2,437,500 in attorneys' fees and $2,716,510.45 in litigation costs to Plaintiffs' counsel; a $15,000 incentive payment to Plaintiff Curtis Markson; a $13,500 incentive payment to Plaintiff Mark McGeorge; a $12,000 incentive payment to Plaintiff Clois McClendon; and a $12,000 incentive payment to Plaintiff Eric Clark. The parties within three days after entry of this Order shall submit an appropriate agreed stipulation of dismissal as to the settling Defendants or, if any party is opposed to such dismissal, a joint status report reflecting the parties' positions. (gk)
August 5, 2022 Opinion or Order Filing 680 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits to Dulani Declaration and Goldstein Declaration under seal #615 filed by Defendant Western Express, Inc..(Milligan, Christopher)
August 4, 2022 Opinion or Order Filing 679 APPLICATION of Non-Resident Attorney Eric A. Posner to Appear Pro Hac Vice on behalf of Interested Party United States of America (Pro Hac Vice Fee - Not Required for US Government Attorney) filed by Interested Party United States of America. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Attorney Joanne I Osinoff added to party United States of America(pty:ip)) (Osinoff, Joanne)
August 4, 2022 Opinion or Order Filing 678 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits to Dulani Declaration and Goldstein Declaration under seal #615 , APPLICATION to file document Plaintiffs' Summary Judgment Exhibits under seal #614 filed by Defendants Covenant Transport, Inc., Southern Refrigerated Transport, Inc..(Merrick, Christopher)
August 3, 2022 Opinion or Order Filing 677 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits to Dulani Declaration and Goldstein Declaration under seal #615 filed by Defendant Paschall Truck Lines Inc.(Riffer, Jeffrey)
August 3, 2022 Opinion or Order Filing 676 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Attorney Fees and Costs #609 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Declaration (Supplemental) Of Craig J. Ackermann)(Ackermann, Craig)
August 2, 2022 Opinion or Order Filing 675 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr re: Motion for Summary Judgment (Dkt. No. #613 ): The Court, on its own motion, CONTINUES the hearing on the Motion for Summary Judgment to August 12, 2022 at 8:30 AM in Courtroom 6C. The Courts prior order re: remote appearances remains in place for the August 12 hearing. Dkt. No. #674 .THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
August 2, 2022 Opinion or Order Filing 674 ORDER RE: REMOTE APPEARANCES by Judge Stanley Blumenfeld, Jr.: Defendant Paschall Truck Lines, Inc.'s Request to appear remotely by Zoom at the hearing on Defendants' summary judgment motion #671 is GRANTED. All settling Defendants, including Paschall, are EXCUSED from attending the summary judgment hearing. Any settling Defendants who wish to attend the hearing may do so, either in person or remotely, without separately requesting leave of Court. (gk)
August 2, 2022 Opinion or Order Filing 673 NOTICE OF MOTION AND MOTION for Leave of Christopher J. Merrick to Appear for Remotely via Zoom filed by Defendants Covenant Transport, Inc., Southern Refrigerated Transport, Inc.. Motion set for hearing on 8/5/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration, #2 Proposed Order) (Merrick, Christopher)
August 2, 2022 Opinion or Order Filing 672 NOTICE OF MOTION AND MOTION for Leave of Nicholas J. Giles to Appear for Remotely via Zoom filed by Defendant Schneider National Carriers Inc. Motion set for hearing on 8/5/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration, #2 Proposed Order) (Giles, Nicholas)
August 1, 2022 Opinion or Order Filing 671 NOTICE OF MOTION AND MOTION to Appear Remotely via Zoom at the August 5, 2022 Hearing on Defendants' Motion for Summary Judgment filed by Defendant Paschall Truck Lines Inc, Paschall Truck Lines, Inc.. (Attachments: #1 Declaration Declaration of Judy L. Woods ISO Dft Paschall's Motion to Appear Remotely Via Zoom at August 5 Hearing on MSJ, #2 Proposed Order Proposed Order ISO Dft. Paschall's Motion to Appear Remotely Via Zoom at August 5 Hearing on MSJ) (Attorney Jeffrey K Riffer added to party Paschall Truck Lines, Inc.(pty:dft)) (Riffer, Jeffrey)
August 1, 2022 Opinion or Order Filing 670 DEFENDANTS' RESPONSE TO STATEMENT OF INTEREST OF THE UNITED STATES re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims #613 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Grossman, David)
August 1, 2022 Opinion or Order Filing 669 PROOF OF SERVICE filed by plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge, served on 8/1/22. (Gore, Ian)
August 1, 2022 Opinion or Order Filing 668 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Plaintiffs' Summary Judgment Exhibits under seal #614 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Exhibit 15-5, #2 Exhibit 15-6, #3 Exhibit 15-7, #4 Exhibit 15-9, #5 Exhibit 15-11, #6 Exhibit 15-12, #7 Exhibit 15-13, #8 Exhibit 15-14, #9 Exhibit 15-15, #10 Exhibit 15-16, #11 Exhibit 15-17, #12 Exhibit 15-18, #13 Exhibit 15-19, #14 Exhibit 15-20, #15 Exhibit 15-23, #16 Exhibit 15-24, #17 Exhibit 15-32, #18 Exhibit 15-33, #19 Exhibit 15-35, #20 Exhibit 15-36, #21 Exhibit 15-44, #22 Exhibit 15-46, #23 Exhibit 15-47, #24 Exhibit 15-52, #25 Exhibit 15-53, #26 Exhibit 15-54, #27 Exhibit 15-69, #28 Exhibit 15-70, #29 Exhibit 15-71, #30 Exhibit 15-72, #31 Exhibit 15-73, #32 Exhibit 15-76, #33 Exhibit 15-80, #34 Exhibit 15-86, #35 Exhibit 15-87)(Gore, Ian)
August 1, 2022 Opinion or Order Filing 667 OBJECTIONS to Request for Judicial Notice, #642 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Gore, Ian)
August 1, 2022 Opinion or Order Filing 666 REVISED JOINT APPENDIX OF OBJECTIONS re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims #613 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Grossman, David)
August 1, 2022 Opinion or Order Filing 665 REVISED JOINT APPENDIX OF FACTS re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims #613 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Grossman, David)
July 31, 2022 Opinion or Order Filing 664 PROOF OF SERVICE filed by Defendants CRST Expedited, Inc., CRST International, Inc., re Sealed Document,,, #659 , Sealed Document, #661 , Sealed Document, #662 served on July 31, 2022. (Huang, Emily)
July 31, 2022 Opinion or Order Filing 663 DECLARATION of Seth Goldstein re Order on Motion for Leave to File Document Under Seal, #653 , Appendix,,,, #621 REDACTED filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Exhibit 7A, 7B, 7C to Goldstein Declaration)(Huang, Emily)
July 31, 2022 Opinion or Order Filing 662 SEALED DOCUMENT Declaration of Seth Goldstein in Support of Motion for Summary Judgment re Appendix,,,, #621 , Order on Motion for Leave to File Document Under Seal, #653 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Exhibit 7A, 7B, 7C to Goldstein Declaration)(Huang, Emily)
July 31, 2022 Opinion or Order Filing 661 SEALED DOCUMENT Declaration of TJ England in Support of Motion for Summary Judgment re Appendix,,,, #621 , Order on Motion for Leave to File Document Under Seal, #653 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Exhibit 2J to England Declaration, #2 Exhibit 2R to England Declaration, #3 Exhibit 2S to England Declaration, #4 Exhibit 2T to England Declaration)(Huang, Emily)
July 31, 2022 Opinion or Order Filing 660 DECLARATION of Jeetander T. Dulani re Order on Motion for Leave to File Document Under Seal, #653 , Appendix,,,, #621 REDACTED filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Exhibit 6H to Dulani Declaration, #2 Exhibit 6U to Dulani Declaration, #3 Exhibit 6W to Dulani Declaration, #4 Exhibit 6X to Dulani Declaration, #5 Exhibit 6Z to Dulani Declaration, #6 Exhibit 6AA to Dulani Declaration, #7 Exhibit 6FF to Dulani Declaration, #8 Exhibit 6KK to Dulani Declaration, #9 Exhibit 6MM to Dulani Declaration)(Huang, Emily)
July 31, 2022 Opinion or Order Filing 659 SEALED DOCUMENT Declaration of Jeetander T. Dulani in Support of Motion for Summary Judgment re Appendix,,,, #621 , Order on Motion for Leave to File Document Under Seal, #653 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Exhibit 6H to Dulani Declaration, #2 Exhibit 6U to Dulani Declaration, #3 Exhibit 6W to Dulani Declaration, #4 Exhibit 6X to Dulani Declaration, #5 Exhibit 6Z to Dulani Declaration, #6 Exhibit 6AA to Dulani Declaration, #7 Exhibit 6DD to Dulani Declaration, #8 Exhibit 6FF to Dulani Declaration, #9 Exhibit 6GG to Dulani Declaration, #10 Exhibit 6JJ to Dulani Declaration, #11 Exhibit 6KK to Dulani Declaration, #12 Exhibit 6MM to Dulani Declaration, #13 Exhibit 6QQ to Dulani Declaration, #14 Exhibit 6RR to Dulani Declaration)(Huang, Emily)
July 29, 2022 Opinion or Order Filing 658 MINUTES OF Motion Hearing held before Judge Stanley Blumenfeld, Jr. RE: Motion for Attorneys' Fees and Costs #609 ; Motion for Final Approval of Class Action Settlement #610 . The Court heard argument from the parties on the Court's tentative ruling and took the matter under submission. Plaintiffs' counsel requested leave to file a supplemental brief addressing counsel's request for an award of costs and expenses to be paid from the settlement fund. No later than 8/3/2022, Plaintiffs shall file a supplemental brief that identifies the legal authorities supporting Plaintiffs' request and demonstrates which portions of the costs and expenses Plaintiffs seek. See document for further details. Court Reporter: Miriam Baird. (gk)
July 28, 2022 Opinion or Order Filing 657 ORDER re: Request of the United States to Participate at the August 5 hearing (Dkt. No. #656 ) by Judge Stanley Blumenfeld, Jr: The request of the United States to participate at the August 5 hearing is GRANTED. Counsel for the United States is permitted to appear and argue at the hearing on Defendants' Summary Judgment motion scheduled for hearing on August 5, 2022 at 8:30 a.m. in Courtroom 6C. (jgr)
July 28, 2022 Opinion or Order Filing 656 REQUEST to Participate At The August 5 Hearing re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims filed by Interested Party United States of America. Request set for hearing on 8/5/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order) (Dunn, Eric)
July 28, 2022 Opinion or Order Filing 655 Notice of Appearance or Withdrawal of Counsel: for attorney Craig J. de Recat counsel for Defendant Stevens Transport Inc. Emil Petrossian is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Stevens Transport, Inc.. (de Recat, Craig)
July 27, 2022 Opinion or Order Filing 654 ORDER RE PLAINTIFFS' APPLICATION UNDER LOCAL RULE 79-5 TO FILE DOCUMENTS UNDER SEAL by Judge Stanley Blumenfeld, Jr.: The Court GRANTS Plaintiffs' Application to File Documents Under Seal re: Plaintiffs' Motion Summary Judgment #614 . See document for further details. (gk)
July 27, 2022 Opinion or Order Filing 653 ORDER GRANTING DEFENDANTS' APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL PURSUANT TO LOCAL RULE 79-5 by Judge Stanley Blumenfeld, Jr.: The Court hereby GRANTS Defendants' Application for Leave to File Under Seal Documents associated with Defendants' portion of the Joint Appendix of Evidence on the Parties' Motions for Summary Judgment #615 . See document for further details. (gk)
July 27, 2022 Opinion or Order Filing 652 MINUTE ORDER DENYING DEFENDANTS' EX PARTE APPLICATION TO STRIKE AND STRIKING SUMMARY JUDGMENT MATERIALS by Judge Stanley Blumenfeld, Jr.: Defendants' ex parte application to strike Plaintiffs' supplemental reply brief #651 is DENIED. The Court, however, will disregard the portion of Plaintiffs' supplemental reply brief that improperly responds to the claims on which Plaintiffs are not seeking summary judgment. The Court declines to strike the motion for summary judgment or the summary judgment evidence that has been filed. However, the Court STRIKES the JAF at Dkt. No. 620-1, the JAO at Dkt. No. 620-2, and the amended JAO at Dkt. No. 633. The parties are ORDERED to meet and confer to resolve all unnecessary disputes and no later than 8/1/2022 at 9:00 AM to file (1) a revised JAF that minimizes unnecessary disputes and contains only the facts material to the issues in dispute and (2) a revised JAO containing only genuine objections to matters that are material to the parties' arguments. The Court strongly presumes that any matters not discussed in the parties' briefing are not material. To avoid the need for further revisions to the briefs, the remaining facts in the revised JAF should retain their current numbers rather than being renumbered sequentially to eliminate gaps. The parties' joint motion for leave to file out of time #635 is GRANTED. The Court declines to issue an OSC re: sanctions at this time but will consider whether to do so after reviewing the parties revised submissions. See document for further details. Court Reporter: N/A. (gk)
July 26, 2022 Opinion or Order Filing 651 EX PARTE APPLICATION to Strike Plaintiffs' Supplemental Reply Brief in Opposition to Defendants' Motion for Summary Judgment filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Declaration Declaration of David C. Grossman ISO Defendants' Ex Parte Application to Strike Plaintiffs' Supplemental Reply, #2 Proposed Order) (Huang, Emily)
July 26, 2022 Opinion or Order Filing 650 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The Court GRANTS the motions at dkt. nos. #647 , #648 , and #649 . Christopher Milligan, James H. Hanson and Seth Goldstein are permitted to appear remotely for the hearing on Plaintiff's Motion for Final Approval of Class Action Settlement on July 29, 2022 at 8:30 a.m. The Court's Zoom information can be found on this Court's website under Judge Blumenfeld's Procedures and Schedules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
July 25, 2022 Opinion or Order Filing 649 NOTICE OF MOTION AND MOTION to Appear Via Zoom at the Hearing on Plaintiffs' Motion for Final Approval of Class Action Settlement filed by Defendant C.R. England, Inc.. Motion set for hearing on 7/29/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Seth Goldstein ISO Defendant C.R. England, Inc.'s Motion for Leave to Appear Via Zoom at the Hearing on Plaintiff's Motion for Approval of Class Action Settlement, #2 Proposed Order Granting Defendant C.R. England, Inc.'s Motion for Leave to Appear Via Zoom at Hearing on Plaintiff's Motion for Final Approval of Class Action Settlement) (Botezatu, Julia)
July 25, 2022 Opinion or Order Filing 648 NOTICE OF MOTION AND MOTION for Leave of James H. Hanson to Appear for Remotely Via Zoom filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 7/29/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of James Hanson in Support of CRST's Motion for Leave to Appear Remotely via Zoom, #2 Proposed Order Granting Defendant CRST's Motion for Leave to Appear Remotely Via Zoom at Hearing on Plaintiffs' Motion for Final Approval of Class Action Settlement) (Hanson, James)
July 25, 2022 Opinion or Order Filing 647 NOTICE OF MOTION AND MOTION to Leave of Christopher S. Milligan to Appear Remotely Via Zoom at Hearing on Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlements filed by Defendant Western Express, Inc.. Motion set for hearing on 7/29/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Christopher S. Milligan In Support of Motion to Appear Remotely Via Zoom, #2 Proposed Order [Proposed] Order Granting Defendant Western Express, Inc's Motion to Appear Remotely Via Zoom at Hearing on Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlements) (Milligan, Christopher)
July 25, 2022 Opinion or Order Filing 646 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The Court GRANTS the motions at dkt. nos. #640 , #644 , and #645 . Joshua Drian, Nicholas J. Giles, Jeetander T. Dulani and David C. Grossman are permitted to appear remotely for the hearing on Plaintiff's Motion for Final Approval of Class Action Settlement on July 29, 2022 at 8:30 a.m. The Court's Zoom information can be found on this Court's website under Judge Blumenfeld's Procedures and Schedules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
July 25, 2022 Opinion or Order Filing 645 NOTICE OF MOTION AND MOTION for Leave of Jeetander T. Dulani and David C. Grossman to Appear for Remotely via Zoom at the Hearing on Plaintiffs' Motion for Final Approval of Class Action Settlement filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 7/29/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Jeetander T. Dulani in Support of Defendant CRSTs Motion for Leave to Appear Remotely Via Zoom at the Hearing on Plaintiffs Motion for Final Approval of Class Action Settlement, #2 Declaration of David C. Grossman in Support of Defendant CRSTs Motion for Leave to Appear Remotely Via Zoom at the Hearing on Plaintiffs Motion for Final Approval of Class Action Settlement, #3 Proposed Order Granting Defendant CRSTs Motion for Leave to Appear Remotely Via Zoom at the Hearing on Plaintiffs Motion for Final Approval of Class Action Settlement) (Huang, Emily)
July 25, 2022 Opinion or Order Filing 644 NOTICE OF MOTION AND MOTION for Leave of Nicholas J. Giles to Appear for Remotely via Zoom filed by Defendant Schneider National Carriers Inc. Motion set for hearing on 7/29/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration, #2 Proposed Order) (Giles, Nicholas)
July 22, 2022 Opinion or Order Filing 643 REPLY IN OPPOSITION NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims #613 PLAINTIFFS SUPPLEMENTAL REPLY BRIEF IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
July 22, 2022 Opinion or Order Filing 642 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims #613 filed by Defendant C.R. England, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Goldstein, Seth)
July 22, 2022 Opinion or Order Filing 641 REPLY In Support Of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims #613 filed by Defendant C.R. England, Inc.. (Goldstein, Seth)
July 21, 2022 Opinion or Order Filing 640 NOTICE OF MOTION AND MOTION for Leave of Joshua Drian to Appear for Stevens Transport Remotely via Zoom at the Hearing on Plaintiffs' Motion for Final Approval of Class Action Settlement filed by Defendant Stevens Transport Inc. Motion set for hearing on 7/29/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Joshua Drian, #2 Proposed Order) (Drian, Joshua)
July 18, 2022 Opinion or Order Filing 639 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS - Dkt. No. #638 RE: Joint NOTICE OF MOTION AND MOTION for Leave to file Joint Brief re: Motions for Summary Judgment Out of Time #635 : The document is accepted as filed. (jgr)
July 18, 2022 Opinion or Order Filing 638 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint NOTICE OF MOTION AND MOTION for Leave to file Joint Brief re: Motions for Summary Judgment Out of Time #635 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. The face of the Joint Motion does not reflect a hearing date, however, the filer set this Joint Motion for hearing on 8/5/2022 at 8:30 AM. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk)
July 15, 2022 Opinion or Order Filing 637 STATEMENT of Interest of the United States filed by Interested Party United States of America re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims #613 . (Dunn, Eric)
July 15, 2022 Opinion or Order Filing 636 NOTICE of Appearance filed by attorney Eric D. Dunn on behalf of Interested Party United States of America (Attorney Eric D. Dunn added to party United States of America(pty:ip))(Dunn, Eric)
July 14, 2022 Opinion or Order Filing 635 Joint NOTICE OF MOTION AND MOTION for Leave to file Joint Brief re: Motions for Summary Judgment Out of Time filed by Defendant CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 8/5/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Emily Huang, #2 Proposed Order) (Grossman, David)
July 14, 2022 Opinion or Order Filing 634 PROOF OF SERVICE filed by Defendant Western Express, Inc., re Sealed Declaration in SupportDeclaration #628 served on July 12, 2022. (Milligan, Christopher)
July 13, 2022 Opinion or Order Filing 633 APPENDIX filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Re: AMENDED JOINT APPENDIX OF OBJECTIONS RE PARTIES MOTIONS FOR SUMMARY JUDGMENT (Seltzer, Marc)
July 13, 2022 Opinion or Order Filing 632 PROOF OF SERVICE filed by Defendant Paschall Truck Lines Inc, re Sealed Declaration in SupportDeclaration, #631 served on July 13, 2022. (Riffer, Jeffrey)
July 13, 2022 Opinion or Order Filing 631 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits to Dulani Declaration and Goldstein Declaration under seal #615 , APPLICATION to file document Plaintiffs' Summary Judgment Exhibits under seal #614 filed by Defendant Paschall Truck Lines Inc.(Riffer, Jeffrey)
July 13, 2022 Opinion or Order Filing 630 PROOF OF SERVICE filed by Defendants Covenant Transport, Inc. and Southern Refrigerated Transport, Inc. Covenant Transport, Inc., Southern Refrigerated Transport, Inc., re Sealed Declaration in SupportDeclaration,, #623 served on July 12, 2022. (Merrick, Christopher)
July 13, 2022 Opinion or Order Filing 629 PROOF OF SERVICE filed by Defendant Schneider National Carriers Inc, re Sealed Declaration in SupportDeclaration, #626 served on 7/12/2022. (Giles, Nicholas)
July 12, 2022 Opinion or Order Filing 628 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits to Dulani Declaration and Goldstein Declaration under seal #615 filed by Defendant Western Express, Inc..(Milligan, Christopher)
July 12, 2022 Opinion or Order Filing 627 PROOF OF SERVICE filed by Defendant Stevens Transport Inc, re Sealed Declaration in SupportDeclaration, #625 served on 7/12/2022. (Drian, Joshua)
July 12, 2022 Opinion or Order Filing 626 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits to Dulani Declaration and Goldstein Declaration under seal #615 , APPLICATION to file document Plaintiffs' Summary Judgment Exhibits under seal #614 filed by Defendant Schneider National Carriers Inc.(Giles, Nicholas)
July 12, 2022 Opinion or Order Filing 625 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits to Dulani Declaration and Goldstein Declaration under seal #615 filed by Defendant Stevens Transport Inc. (Attachments: #1 Unredacted Document Exhibit 6AA, #2 Unredacted Document Exhibit 6U, #3 Unredacted Document Exhibit 6W, #4 Unredacted Document Exhibit 6X, #5 Unredacted Document Exhibit 6Z)(Drian, Joshua)
July 12, 2022 Opinion or Order Filing 624 PROOF OF SERVICE filed by Defendants CRST Expedited, Inc., CRST International, Inc., re Sealed Declaration in SupportDeclaration,, #618 , Sealed Declaration in SupportDeclaration,,, #617 served on July 9, 2022. (Huang, Emily)
July 12, 2022 Opinion or Order Filing 623 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits to Dulani Declaration and Goldstein Declaration under seal #615 , APPLICATION to file document Plaintiffs' Summary Judgment Exhibits under seal #614 filed by Defendants Covenant Transport, Inc., Southern Refrigerated Transport, Inc.. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 Unredacted Document, #4 Unredacted Document, #5 Unredacted Document, #6 Unredacted Document, #7 Unredacted Document)(Merrick, Christopher)
July 11, 2022 Opinion or Order Filing 622 NOTICE OF ERRATA filed by Defendants CRST Expedited, Inc., CRST International, Inc.. correcting Appendix,,,, #621 (Attachments: #1 Appendix Corrected Joint Appendix of Evidence)(Grossman, David)
July 9, 2022 Opinion or Order Filing 621 APPENDIX filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Re: Memorandum in Support of Motion, #620 (Attachments: #1 Exhibit JAE Part 1, Exs 1-2E, #2 Exhibit JAE Part 2, Exs 2F-2T, #3 Exhibit JAE Part 3, Exs 3-5, #4 Exhibit JAE Part 4, Exs 6-6U, #5 Exhibit JAE Part 5, Exs 6V-6TT, #6 Exhibit JAE Part 6, Exs 7-8, #7 Exhibit JAE Part 7, Exs 9-13, #8 Exhibit JAE Part 8, Exs 14-14.15, #9 Exhibit JAE Part 9, Ex 14.16, #10 Exhibit JAE Part 10, Ex 14.17, #11 Exhibit JAE Part 11, Ex. 14.18, #12 Exhibit JAE Part 12, Ex. 14.19, #13 Exhibit JAE Part 13, Exs 14.20-14.32, #14 Exhibit JAE Part 14, Ex 14.33, #15 Exhibit JAE Part 15, Ex. 14.34, #16 Exhibit JAE Part 16, Exs 14.35-14.40, #17 Exhibit JAE Part 17, Exs 15-15.73, #18 Exhibit JAE Part 18A, Ex 15.74, #19 Exhibit JAE Part 18B, Ex 15.74, #20 Exhibit JAE Part 18C, Ex 15.74, #21 Exhibit JAE Part 19, Exs 15.75-15.94, #22 Exhibit JAE Part 20, Exs 15.95-17, #23 Exhibit JAE Part 21, Ex 18, #24 Exhibit JAE Part 22, Ex 19, #25 Exhibit JAE Part 23, Ex 20)(Huang, Emily)
July 9, 2022 Opinion or Order Filing 620 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims #613 (Joint Brief) filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Appendix Joint Appendix of Facts, #2 Appendix Joint Appendix of Objections)(Huang, Emily)
July 8, 2022 Opinion or Order Filing 619 PROOF OF SERVICE filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge, re Sealed Declaration in SupportDeclaration,,,,,,,,, #616 served on July 8, 2022. (Gore, Ian)
July 8, 2022 Opinion or Order Filing 618 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits to Dulani Declaration and Goldstein Declaration under seal #615 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Unredacted Document Ex. 2J to TJ England Decl, #2 Unredacted Document Ex. 2R to TJ England Decl, #3 Unredacted Document Ex. 2S to TJ England Decl, #4 Unredacted Document Ex. 2T to TJ England Decl, #5 Unredacted Document Ex. 7A, 7B, 7C to Goldstein Decl)(Huang, Emily)
July 8, 2022 Opinion or Order Filing 617 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits to Dulani Declaration and Goldstein Declaration under seal #615 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Unredacted Document Ex. 6AA to Dulani Decl, #2 Unredacted Document Ex. 6DD to Dulani Decl, #3 Unredacted Document Ex. 6FF to Dulani Decl, #4 Unredacted Document Ex. 6GG to Dulani Decl, #5 Unredacted Document Ex. 6H to Dulani Decl, #6 Unredacted Document Ex. 6JJ to Dulani Decl, #7 Unredacted Document Ex. 6KK to Dulani Decl, #8 Unredacted Document Ex. 6MM to Dulani Decl, #9 Unredacted Document Ex. 6QQ to Dulani Decl, #10 Unredacted Document Ex, 6RR to Dulani Decl, #11 Unredacted Document Ex. 6U to Dulani Decl, #12 Unredacted Document Ex. 6W to Dulani Decl, #13 Unredacted Document Ex. 6X to Dulani Decl, #14 Unredacted Document Ex. 6Z to Dulani Decl)(Huang, Emily)
July 8, 2022 Opinion or Order Filing 616 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Plaintiffs' Summary Judgment Exhibits under seal #614 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Unredacted Document JAE Ex. 15-5 - Beach Dep., #2 Unredacted Document JAE Ex. 15-6 - Beach Ex 334, #3 Unredacted Document JAE Ex. 15-7 - Brown Dep., #4 Unredacted Document JAE Ex. 15-9 - Brown Ex 563, #5 Unredacted Document JAE Ex. 15-11 - Brown Ex 565, #6 Unredacted Document JAE Ex. 15-12 - Brown Ex 566, #7 Unredacted Document JAE Ex. 15-13 - Brown Ex 567, #8 Unredacted Document JAE Ex. 15-14 - Brown Ex 568, #9 Unredacted Document JAE Ex. 15-15 - Brown Ex 569, #10 Unredacted Document JAE Ex. 15-16 - Brown Ex 570, #11 Unredacted Document JAE Ex. 15-17 - Brown Ex 571, #12 Unredacted Document JAE Ex. 15-18 - Brown Ex 572, #13 Unredacted Document JAE Ex. 15-19 - Brown Ex 573, #14 Unredacted Document JAE Ex. 15-20 - Brown Ex 574, #15 Unredacted Document JAE Ex. 15-23 - Brown Ex 577, #16 Unredacted Document JAE Ex. 15-24 - Cartwright Dep., #17 Unredacted Document JAE Ex. 15-32 - Duncan Dep., #18 Unredacted Document JAE Ex. 15-33 - Duncan Ex 1078, #19 Unredacted Document JAE Ex. 15-35 - Easterday Dep., #20 Unredacted Document JAE Ex. 15-36 - Easterday Ex 950, #21 Unredacted Document JAE Ex. 15-44 - Hatchett Dep., #22 Unredacted Document JAE Ex. 15-46 - Hogue Dep., #23 Unredacted Document JAE Ex. 15-47 - Hogue Ex. 2, #24 Unredacted Document JAE Ex. 15-52 - Lafayette Dep., #25 Unredacted Document JAE Ex. 15-53 - Lafayette Ex. 451, #26 Unredacted Document JAE Ex. 15-54 - Lafayette Ex 452, #27 Unredacted Document JAE Ex. 15-69 - Smith Dep., #28 Unredacted Document JAE Ex. 15-70 - Smith Ex 684, #29 Unredacted Document JAE Ex. 15-71 - Smith Ex 687, #30 Unredacted Document JAE Ex. 15-72 - Stachura Dep., #31 Unredacted Document JAE Ex. 15-73 - Thompson Dep., #32 Unredacted Document JAE Ex. 15-76 - Thompson Ex 589, #33 Unredacted Document JAE Ex. 15-80 - Wilson Dep., #34 Unredacted Document JAE Ex. 15-86 - Covenant Promissory Note, #35 Unredacted Document JAE Ex. 15-87 - Covenant Promissory Note)(Gore, Ian)
July 8, 2022 Opinion or Order Filing 615 APPLICATION to file document Exhibits to Dulani Declaration and Goldstein Declaration under seal filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Proposed Order, #2 Redacted Document Ex. 6AA to Dulani Decl, #3 Redacted Document Ex. 6Ff to Dulani Decl, #4 Redacted Document Ex. 6KK to Dulani Decl, #5 Redacted Document Ex. 6MM to Dulani Decl, #6 Redacted Document Ex. 6U to Dulani Decl, #7 Redacted Document Ex. 6W to Dulani Decl, #8 Redacted Document Ex. 6X to Dulani Decl, #9 Redacted Document Ex. 6Z to Dulani Decl, #10 Redacted Document Exs. 7A, 7B, 7C to Goldstein Decl)(Huang, Emily)
July 8, 2022 Opinion or Order Filing 614 APPLICATION to file document Plaintiffs' Summary Judgment Exhibits under seal filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order, #2 Redacted Document JAE Ex. 15-6, #3 Redacted Document JAE Ex. 15-9 (Redacted), #4 Redacted Document JAE Ex. 15-11 (Redacted), #5 Redacted Document JAE Ex. 15-13 (Redacted), #6 Redacted Document JAE Ex. 15-14 (Redacted), #7 Redacted Document JAE Ex. 15-15 (Redacted), #8 Redacted Document JAE Ex. 15-16 (Redacted), #9 Redacted Document JAE Ex. 15-17 (Redacted), #10 Redacted Document JAE Ex. 15-18 (Redacted), #11 Redacted Document JAE Ex. 15-19 (Redacted), #12 Redacted Document JAE Ex. 15-20 (Redacted), #13 Redacted Document JAE Ex. 15-23 (Redacted), #14 Redacted Document JAE Ex. 15-46 (Redacted), #15 Redacted Document JAE Ex. 15-70 (Redacted), #16 Redacted Document JAE Ex. 15-76 (Redacted), #17 Redacted Document JAE Ex. 15-80 (Redacted))(Gore, Ian)
July 8, 2022 Opinion or Order Filing 613 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' Claims filed by Defendants C.R. England, Inc., CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 8/5/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order) (Attorney Emily Hsuan Fang Huang added to party C.R. England, Inc.(pty:dft)) (Huang, Emily)
July 7, 2022 Opinion or Order Filing 612 NOTICE of Change of address by Ian M Gore attorney for Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Changing attorneys address to 401 Union St., Suite 3000, Seattle, WA 98101. Filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Gore, Ian)
July 7, 2022 Opinion or Order Filing 611 NOTICE of Change of address by Matthew R Berry attorney for Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Changing attorneys address to 401 Union St., Suite 3000, Seattle, WA 98101. Filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Berry, Matthew)
July 1, 2022 Opinion or Order Filing 610 NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement filed by Plaintiff Curtis Markson. Motion set for hearing on 7/29/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum, #2 Declaration, #3 Declaration, #4 Proposed Order) (Melmed, Jonathan)
June 14, 2022 Opinion or Order Filing 609 NOTICE OF MOTION AND MOTION for Attorney Fees and Costs filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 7/29/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Steven J. Sklaver and Exhibits thereto, #3 Declaration of Craig J. Ackermann and Exhibits thereto, #4 Declaration of Robert J. Wasserman and Exhibits thereto, #5 Declaration of Jonathan Melmed and Exhibit thereto, #6 Declaration of Curtis Markson, #7 Declaration of Mark McGeorge, #8 Declaration of Clois McClendon, #9 Declaration of Eric Clark, #10 Proposed Order Granting Motion for Attorneys' Fees & Costs) (Ackermann, Craig)
June 13, 2022 Opinion or Order Filing 608 MINUTE ORDER ON STIPULATION by Judge Stanley Blumenfeld, Jr.: The non-settling parties filed a Stipulation seeking leave to file two separate summary judgment motions--one addressing Plaintiffs' antitrust claims and the other addressing all other issues #607 . The parties shall file a single joint summary judgment motion on all issues. Plaintiffs shall be allowed 40 pages in the joint brief and Defendants jointly shall be allowed 40 pages. Both sides will be permitted to file a supplemental reply of no more than 15 pages. The parties have had ample time to discuss and prepare for their summary judgment arguments. Accordingly, the parties' stipulation is DENIED and their summary judgment briefing, subject to the page limits discussed above, shall be filed by the deadlines set in the 3/7/2022 scheduling order. See document for further details. Court Reporter: N/A. (gk)
June 10, 2022 Opinion or Order Filing 607 Joint STIPULATION to Exceed Page Limitation as to Motion for Summary Judgment filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Proposed Order Granting Joint Stipulation to Modify Order re Motions for Summary Judgment)(Huang, Emily)
May 31, 2022 Opinion or Order Filing 606 NOTICE of Appearance filed by attorney Adam C Smedstad on behalf of Defendants CRST Expedited, Inc., CRST International, Inc. (Attorney Adam C Smedstad added to party CRST Expedited, Inc.(pty:dft), Attorney Adam C Smedstad added to party CRST International, Inc.(pty:dft))(Smedstad, Adam)
May 20, 2022 Opinion or Order Filing 605 NOTICE of Appearance filed by attorney E. Ashley Paynter on behalf of Defendants CRST Expedited, Inc., CRST International, Inc. (Attorney E. Ashley Paynter added to party CRST Expedited, Inc.(pty:dft), Attorney E. Ashley Paynter added to party CRST International, Inc.(pty:dft))(Paynter, E.)
May 11, 2022 Opinion or Order Filing 604 ORDER GRANTING JOINT STIPULATION TO EXTEND EXPERT REPORT DEADLINES by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #603 , IT IS HEREBY ORDERED that the Deadline for Responsive Expert Reports shall be continued to 5/16/2022 and the Deadline for Rebuttal Expert Reports shall be continued to 5/30/2022. (gk)
May 10, 2022 Opinion or Order Filing 603 Joint STIPULATION for Extension of Time to File Extend Expert Report Deadlines filed by Defendant C.R. England, Inc.. (Attachments: #1 Proposed Order)(Boyer, J)
April 8, 2022 Opinion or Order Filing 602 ORDER GRANTING PLAINTIFFS' MOTION FOR APPROVAL OF NOTICE TO SETTLEMENT CLASS MEMBERS AND APPOINTMENT OF SETTLEMENT ADMINISTRATOR by Judge Stanley Blumenfeld, Jr.: The Court grants Plaintiffs' Motion for Approval of Notice to Settlement Class Members and Appointment of Settlement Administrator #598 . This Court approves, as to form and content, the postcard, email, and long form Notice, in substantially the forms attached to the Declaration of Ian Gore as Exhibits A-C. The Court approves the procedure for Settlement Class members to participate in, to opt out of, or to object to the Settlements as set forth in the Notice Motion. The Court directs the dissemination of the postcard and email notices by first class mail and email, respectively, to the Settlement Class members in accordance with the proposed plan of notice in the Notice Motion. The Court appoints JND Class Action Administration as the Settlement Administrator. (gk)
April 7, 2022 Opinion or Order Filing 601 NOTICE OF MOTION AND MOTION to Appear Remotely Via Zoom at the Hearing on Plaintiffs Motion for Approval of Notice to Settlement Class Members and Appointment of Settlement Administrator filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 4/15/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Jeetander T. Dulani in Support of Defendant CRSTs Motion for Leave to Appear Remotely Via Zoom at the Hearing on Plaintiffs Motion for Approval of Notice to Settlement Class Members and Appointment of Settlement Administrator, #2 Declaration of Clare Cavaliero Pincoski in Support of Defendant CRSTs Motion for Leave to Appear Remotely Via Zoom at the Hearing on Plaintiffs Motion for Approval of Notice to Settlement Class Members and Appointment of Settlement Administrator, #3 Proposed Order Granting Defendant CRSTs Motion for Leave to Appear Remotely Via Zoom at the Hearing on Plaintiffs Motion for Approval of Notice to Settlement Class Members and Appointment of Settlement Administrator) (Huang, Emily)
April 6, 2022 Opinion or Order Filing 600 MINUTE ORDER DENYING MOTION TO MODIFY CLASS CERTIFICATION ORDER by Judge Stanley Blumenfeld, Jr.: On 3/10/2022, Plaintiffs filed a motion to modify the Court's order denying certification of the antitrust class, seeking to certify a class consisting only of drivers who worked for CRST #569 . In the alternative, Plaintiffs seek leave to file a new class certification motion. Because the Motion mischaracterizes the Court's class certification order and Plaintiffs have not shown that modification is appropriate, the Court denies the Motion. see document for further details. Court Reporter: N/A. (gk)
April 5, 2022 Opinion or Order Filing 599 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The Court VACATES the hearing on the Motion for Order Modifying Class Certification (Dkt. No. #569 ), set for hearing on April 8, 2022. If the Court determines that a hearing is necessary, one will be reset at a later date. Furthermore the Court DENIES the request to appear remotely at Dkt. No. #597 as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
April 5, 2022 Opinion or Order Filing 598 NOTICE OF MOTION AND MOTION to for Approval of Notice to Settlement Class Members and Appointment of Settlement Administrator filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 4/15/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration Ian M. Gore, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Proposed Order) (Ackermann, Craig)
April 5, 2022 Opinion or Order Filing 597 NOTICE OF MOTION AND MOTION for Leave of James H. Hanson to Appear for REMOTELY VIA ZOOM AT HEARING ON PLAINTIFFS' MOTION TO MODIFY CLASS CERTIFICATION ORDER OR, IN THE ALTERNATIVE, FOR LEAVE TO FILE RENEWED CLASS CERTIFICATION MOTION filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 4/8/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of James Hanson in Support of CRST's Motion for Leave to Appear Remotely via Zoom 04.05.22, #2 Proposed Order Granting Defendant CRST's Motion for Leave to Appear Remotely via Zoom 04.05.22) (Hanson, James)
April 4, 2022 Opinion or Order Filing 596 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The requests to appear remotely for the April 8, 2022 hearing at 8:30 AM at Dkt. Nos. #585 , #587 , #588 , #589 , #594 and #595 are GRANTED. Counsel are reminded to review this Courts requirements in participating remotely, namely clearly identifying themselves by the screenname used upon entry to the Zoom Webinar. Failure to do so may result in not being promoted to a participant or panelist to the Zoom Webinar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
April 4, 2022 Opinion or Order Filing 595 NOTICE OF MOTION AND MOTION for Leave of Richard D. Marca/Christopher S. Milligan to Appear for Remote/Zoom filed by Defendant Western Express, Inc.. Motion set for hearing on 4/8/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Christopher S. Milligan in Support of Defendant's Motion to Appear Via Zoom, #2 Proposed Order Granting Defendant's Motion to Appear Via Zoom) (Marca, Richard)
April 4, 2022 Opinion or Order Filing 594 NOTICE OF MOTION AND MOTION for Leave of Judy L. Woods to Appear for the Hearing on Plaintiffs' Motion to Modify the Class Certification Order Remotely via Zoom filed by Defendant Paschall Truck Lines Inc. Motion set for hearing on 4/8/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Judy Woods) (Riffer, Jeffrey)
April 4, 2022 Opinion or Order Filing 592 TRANSCRIPT ORDER as to plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge for Court Smart (CS). Court will contact Tammie DeNio at tdenio@susmangodfrey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Gore, Ian)
April 1, 2022 Opinion or Order Filing 593 MINUTES OF Motion Hearing held before Judge Stanley Blumenfeld, Jr. RE: Motion for Settlement Approval of Class Action Settlement #564 . Case called and appearances made. The Court hears argument and takes this matter under submission. Court Reporter: Miranda Algorri. (gk)
April 1, 2022 Opinion or Order Filing 591 TRANSCRIPT ORDER as to Defendants CRST Expedited, Inc., CRST International, Inc. for Court Smart (CS). Court will contact Sherette Duffus at sherette.duffus@pillsburylaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Huang, Emily)
April 1, 2022 Opinion or Order Filing 590 MINUTE ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH DEFENDANT STEVENS TRANSPORT, INC. by Judge Stanley Blumenfeld, Jr.: The Court GRANTS Plaintiffs' motion for preliminary approval of the class action settlement #564 . The Settlement Class is preliminarily certified. Plaintiffs Curtis Markson, Mark McGeorge, Clois McClendon, and Eric Clark are preliminarily appointed as class representatives for the Settlement Class. Mark M. Seltzer, Steven G. Sklaver, Matthew Berry, Krysta Kauble Pachman, and Ian M. Gore of Susman Godfrey L.L.P., William J. Gorham and Robert J. Wasserman of Mayall Hurley P.C., Craig J. Ackermann and Avi Kreitenberg of Ackermann & Tilajef, P.C., and Jonathan Melmed of Melmed Law Group, P.C. are preliminarily appointed as class counsel for the Settlement Class. A hearing for final approval of all settlements is set for 7/29/2022 at 8:30 AM. Plaintiffs no later than 4/5/2022 shall file a motion to disseminate class notice as to all settlements. The Court orders all Defendants no later than 4/29/2022, to provide reasonably available contact information for members of the Settlement Class. See document for further details. Court Reporter: N/A. (gk)
April 1, 2022 Opinion or Order Filing 589 NOTICE OF MOTION AND MOTION for Leave of Nicholas J. Giles to Appear for Remotely via Zoom filed by Defendant Schneider National Carriers Inc. Motion set for hearing on 4/8/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration, #2 Proposed Order) (Giles, Nicholas)
April 1, 2022 Opinion or Order Filing 588 NOTICE OF MOTION AND MOTION for Leave of Christopher J. Merrick to Appear for Remotely via Zoom filed by Defendants Covenant Transport, Inc., Southern Refrigerated Transport, Inc.. Motion set for hearing on 4/8/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration, #2 Proposed Order) (Merrick, Christopher)
March 30, 2022 Opinion or Order Filing 587 NOTICE OF MOTION AND MOTION to Appear Remotely Via Zoom at the Hearing on Plaintiffs Motion to Modify Class Certification Order CRSTs Notice of Motion and Motion for Leave to Appear Remotely Via Zoom at the Hearing on Plaintiffs Motion to Modify Class Certification Order or, in the Alternative, for Leave to File Renewed Class Certification Motion filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 4/8/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Clare Cavaliero Pincoski in Support of CRSTs Motion for Leave to Appear Remotely Via Zoom at the Hearing on Plaintiffs Motion to Modify Class Certification Order or, in the Alternative, for Leave to File Renewed Class Certification Motion, #2 Proposed Order Granting CRSTs Motion for Leave to Appear Remotely Via Zoom at Hearing on Plaintiffs Motion to Modify Class Certification Order or, in the Alternative, for Leave to File Renewed Class Certification Motion) (Huang, Emily)
March 30, 2022 Opinion or Order Filing 586 (IN CHAMBERS) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr.: The Court, on its own motion, ADVANCES the in-person hearing on the Motion for Settlement Approval of Preliminary Approval of Class Action Settlement (Dkt. No. #564 ) to April 1, 2022 at 8:00 AMTHERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
March 28, 2022 Opinion or Order Filing 585 NOTICE OF MOTION AND MOTION for Leave of Drew Hansen and/or Seth Goldstein to Appear for Motion to Modify the Class Certification Order filed by Defendant C.R. England, Inc.. Motion set for hearing on 4/8/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Seth Goldstein ISO C.R. England's Motion to Appear Via Zoom at the Hearing on Plaintiffs' Motion to Modify the Class Certification Order, #2 Proposed Order Granting Defendant C.R. England, Inc.'s Motion to Appear Via Zoom at Hearing on Plaintiff's Motion to Modify the Class Certification Order) (Botezatu, Julia)
March 25, 2022 Opinion or Order Filing 584 REPLY in support of a motion NOTICE OF MOTION AND MOTION for Order for Modifying Class Certification Order to Certify CRST-Only Antitrust Class or, In the Alternative, Granting Leave to File Renewed Motion to Certify CRST-Only Antitrust Class #569 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
March 23, 2022 Opinion or Order Filing 583 ORDER GRANTING DEFENDANT C.R. ENGLAND, INC.'S MOTION TO APPEAR VIA ZOOM AT HEARING ON PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH STEVENS TRANSPORT, INC. by Judge Stanley Blumenfeld, Jr.: The Court having considered the Motion of Defendant C.R. England, Inc. #582 , IT IS HEREBY ORDERED that the request for Drew Hansen and/or Seth Goldstein of Nossaman LLP, counsel for C.R. England, Inc., to appear remotely via Zoom at the Hearing on Plaintiffs' Motion for Preliminary Approval of the Class Action Settlement with Stevens Transport, Inc. #564 , scheduled for 4/1/2022, at 8:30 AM is GRANTED. (gk)
March 23, 2022 Opinion or Order Filing 582 NOTICE OF MOTION AND MOTION for Leave of Drew Hansen and/or Seth Goldstein to Appear for Motion to Appear Via Zoom at the Hearing on Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement with Stevens Transport, Inc. filed by Defendant C.R. England, Inc.. Motion set for hearing on 4/1/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Seth Goldstein ISO Defendant C.R. England, Inc.'s Motion to Appear Via Zoom at the hearing on Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement with Stevens Transport, Inc., #2 Proposed Order Granting Defendant C.R. England, Inc.'s Motion to Appear Via Zoom at the Hearing on Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement with Stevens Transport, Inc.) (Botezatu, Julia)
March 21, 2022 Opinion or Order Filing 581 ORDER GRANTING DEFENDANT CRST'S MOTION FOR LEAVE TO APPEAR REMOTELY VIA ZOOM AT HEARING ON PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH STEVENS TRANSPORT, INC. by Judge Stanley Blumenfeld, Jr.: The Court having considered the Motion of Defendants CRST International, Inc., and CRST Expedited, Inc. #578 , IT IS HEREBY ORDERED that the request for Jeetander T. Dulani and Clare Cavaliero Pincoski, counsel for CRST, to appear remotely via Zoom at the hearing on Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement with Stevens Transport, Inc., scheduled for 4/1/2022 at 8:30 AM is GRANTED. (gk)
March 21, 2022 Opinion or Order Filing 580 ORDER GRANTING DEFENDANT SCHNEIDER NATIONAL CARRIERS' MOTION TO APPEAR REMOTELY VIA ZOOM AT HEARING ON PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH STEVENS TRANSPORT, INC. by Judge Stanley Blumenfeld, Jr.: The Court, having considered the motion of Schneider National Carriers #577 , hereby grants the motion. IT IS ORDERED that the request of Nicholas J. Giles to appear remotely via Zoom at the hearing on Plaintiffs' Motion for Preliminary Approval of the Class Action Settlement with Stevens Transport, Inc., which is scheduled to take place on 4/1/2022, is hereby GRANTED. (gk)
March 21, 2022 Opinion or Order Filing 579 ORDER GRANTING DEFENDANT PASCHALL TRUCK LINES, INC.'S MOTION TO APPEAR REMOTELY VIA ZOOM AT THE HEARING ON PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENTS ON 4/1/2022 by Judge Stanley Blumenfeld, Jr.: The Court has reviewed Defendant Paschall Truck Lines, Inc.'s Motion to Appear Remotely via Zoom at the Hearing on Plaintiffs' Motion for Preliminary Approval of Class Action Settlements #576 . Defendant's Motion is GRANTED, and it is hereby ordered that Judy L. Woods, Esq., counsel for Defendant, may appear remotely via Zoom at the hearing on Plaintiffs' Motion for Preliminary Approval of Class Action Settlements, scheduled for 4/1/2022 at 8:30 AM. (gk)
March 21, 2022 Opinion or Order Filing 578 NOTICE OF MOTION AND MOTION to for Leave of Jeetander T. Dulani and Clare Pincoski to Appear Remotely via Zoom at Hearing on Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement with Stevens Transport, Inc. filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 4/1/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration OF JEETANDER T. DULANI IN SUPPORT OF DEFENDANT CRSTS MOTION FOR LEAVE TO APPEAR REMOTELY VIA ZOOM AT HEARING ON PLAINTIFFS UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH STEVENS TRANSPORT, INC., #2 Declaration OF CLARE CAVALIERO PINCOSKI IN SUPPORT OF DEFENDANT CRSTS MOTION FOR LEAVE TO APPEAR REMOTELY VIA ZOOM AT THE HEARING ON PLAINTIFFS UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH STEVENS TRANSPORT, INC., #3 Proposed Order GRANTING DEFENDANT CRSTS MOTION FORLEAVE TO APPEAR REMOTELY VIA ZOOM AT HEARING ON PLAINTIFFS UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH STEVENS TRANSPORT, INC.) (Huang, Emily)
March 21, 2022 Opinion or Order Filing 577 NOTICE OF MOTION AND MOTION for Leave of Nicholas J. Giles to Appear Remotely via Zoom filed by Defendant Schneider National Carriers Inc. Motion set for hearing on 4/1/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Nicholas J. Giles, #2 Proposed Order) (Giles, Nicholas)
March 18, 2022 Opinion or Order Filing 576 NOTICE OF MOTION AND MOTION to Appear Remotely via Zoom at the Hearing on Plaintiffs' Motion for Preliminary Approval of Class Action Settlements on April 1, 2022 filed by Defendant Paschall Truck Lines Inc. Motion set for hearing on 4/1/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Judy Woods) (Riffer, Jeffrey)
March 18, 2022 Opinion or Order Filing 575 OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Modifying Class Certification Order to Certify CRST-Only Antitrust Class or, In the Alternative, Granting Leave to File Renewed Motion to Certify CRST-Only Antitrust Class #569 filed by Defendant C.R. England, Inc.. (Attachments: #1 Proposed Order Denying Plaintiffs' Motion to Modify The Class Certification Order to Certify a CRST-Only Class or, in the alternative, for Leave to File a Renewed Motion to Certify a CRST Antitrust Class)(Goldstein, Seth)
March 18, 2022 Opinion or Order Filing 574 OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Modifying Class Certification Order to Certify CRST-Only Antitrust Class or, In the Alternative, Granting Leave to File Renewed Motion to Certify CRST-Only Antitrust Class #569 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Declaration Supplemental Expert Declaration of Dr. Timothy S. Snail, #2 Proposed Order [Proposed] Order Denying Plaintiffs Motion To Modify The Class Certification Order To Certify a CRST-Only Class Or, In The Alternative, For Leave To File A Renewed Motion To Certify a CRST Antitrust Class)(Huang, Emily)
March 18, 2022 Opinion or Order Filing 573 ORDER GRANTING DEFENDANT WESTERN EXPRESS, INC.'S MOTION TO APPEAR VIA ZOOM AT HEARING ON PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH STEVENS TRANSPORT, INC. #572 by Judge Stanley Blumenfeld, Jr. IT IS HEREBY ORDERED that the request for Richard D. Marca and/or Christopher S. Milligan of Varner & Brandt LLP, counsel for Western Express, Inc. to appear remotely via Zoom at the Hearing on Plaintiffs' Motion for Preliminary Approval of the Class Action Settlement with Stevens Transport, Inc., scheduled for April 1, 2022, is hereby GRANTED. (lom)
March 18, 2022 Opinion or Order Filing 572 NOTICE OF MOTION AND MOTION for Leave of Richard D. Marca/Christopher S. Milligan to Appear for Remote/Zoom filed by Defendant Western Express, Inc.. Motion set for hearing on 4/1/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Christopher S. Milligan in Support of Defendant's Motion to Appear Via Zoom, #2 Proposed Order Granting Defendant's Motion to Appear Via Zoom) (Marca, Richard)
March 17, 2022 Opinion or Order Filing 571 ORDER GRANTING COVENANT TRANSPORT INC. AND SOUTHERN REFRIGERATED TRANSPORT, INC.'S MOTION TO APPEAR REMOTELY VIA ZOOM AT THE HEARING ON PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF THE CLASS ACTION SETTLEMENT REACHED WITH STEVENS TRANSPORT, INC. #570 by Judge Stanley Blumenfeld, Jr. IT IS HEREBY ORDERED that the request for Christopher J. Merrick to appear remotely via Zoom at the Hearing on Plaintiffs' Motion for Preliminary Approval of the Class Action Settlement with Stevens Transport, Inc., scheduled for April 1, 2022, is GRANTED. (lom)
March 17, 2022 Opinion or Order Filing 570 NOTICE OF MOTION AND MOTION for Leave of Christopher J. Merrick to Appear for Remotely via Zoom filed by Defendants Covenant Transport, Inc., Southern Refrigerated Transport, Inc.. Motion set for hearing on 4/1/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration, #2 Proposed Order) (Merrick, Christopher)
March 10, 2022 Opinion or Order Filing 569 NOTICE OF MOTION AND MOTION for Order for Modifying Class Certification Order to Certify CRST-Only Antitrust Class or, In the Alternative, Granting Leave to File Renewed Motion to Certify CRST-Only Antitrust Class filed by Plaintiffs Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 4/8/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum of Points & Authorities in Support of Motion, #2 Proposed Order) (Seltzer, Marc)
March 7, 2022 Opinion or Order Filing 568 ORDER CONCERNING CASE SCHEDULE FOR NON-SETTLING PARTIES by Judge Stanley Blumenfeld, Jr.: This matter is before the Court on the Joint Report Concerning Proposed Case Schedule for Non-Settling Parties #566 . Deadline to File Summary Judgment Motions 7/8/2022. Hearing Date for Summary Judgment Motions 8/5/2022. Deadline for Trial Filings (1st Set) 9/23/2022. Deadline for Trial Filings (2d Set) 10/7/2022. Final Pretrial Conference set for 10/21/2022 10:00 AM before Judge Stanley Blumenfeld Jr. Jury Trial set for 11/14/2022 08:30 AM before Judge Stanley Blumenfeld Jr. See document for further details. (gk)
March 7, 2022 Opinion or Order Filing 567 ORDER CONCERNING DEADLINES FOR DISSEMINATING CLASS NOTICE AND SETTING A HEARING FOR FINAL APPROVAL OF SETTLEMENTS by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #565 , the Court HEREBY ORDERS that the schedule in this order shall apply regarding the dissemination of class notice and final approval of the settlements reached in this case to date: Hearing Date on Plaintiffs' Motion for Preliminary Approval of Class Action Settlement as to the settlement reached with Stevens Transport, Inc. #564 on 4/1/2022. Hearing date on Plaintiffs' motion to disseminate class notice as to all settlements on 4/22/2022. Hearing for Final Approval of All Settlements 7/29/2022. If Plaintiffs' forthcoming motion to disseminate class notice is unopposed, Plaintiffs may notice the motion for an 4/15/2022 hearing date. See document for further details. (gk)
March 4, 2022 Opinion or Order Filing 566 REPORT of Joint Report Concerning Proposed Case Schedule for Non-Settling Parties filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order)(Seltzer, Marc)
March 4, 2022 Opinion or Order Filing 565 STIPULATION to Reschedule Class Notice and Final Approval filed by Plaintiff Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order)(Seltzer, Marc)
March 2, 2022 Opinion or Order Filing 564 NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 4/1/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Letter of Points and Authorities, #2 Declaration Jonathan Melmed, #3 Exhibit 1, #4 Proposed Order) (Attorney Jonathan Melmed added to party Eric Clark(pty:pla), Attorney Jonathan Melmed added to party Clois McClendon(pty:pla)) (Melmed, Jonathan)
February 24, 2022 Opinion or Order Filing 563 MINUTE ORDER by Judge Stanley Blumenfeld, Jr.: It appears that a full case management order was never entered in this action, and after the Court's denial of Plaintiffs' motions for class certification, no deadlines remain in this case as to Plaintiffs' claims against the three remaining non-settling Defendants (CRST International, Inc., CRST Expedited, Inc., and CR England, Inc.). Accordingly, the non-settling parties shall meet and confer and no later than 3/4/2022 shall file a joint report with a proposed schedule for trial, including all necessary deadlines for any summary judgment motions or further mediation that the parties anticipate pursuing. The Court is mindful that this case has been pending for nearly five years and expects the parties to suggest reasonable deadlines that will allow the case to be expeditiously tried or otherwise resolved. Court Reporter: N/A. (gk)
February 24, 2022 Opinion or Order Filing 562 MINUTE ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENTS by Judge Stanley Blumenfeld, Jr.: The Court GRANTS Plaintiffs' motion for preliminary approval of the class action settlement #537 . Plaintiffs Curtis Markson, Mark McGeorge, Clois McClendon, and Eric Clark are preliminarily appointed as class representatives for the Settlement Class. Mark M. Seltzer, Steven G. Sklaver, Matthew Berry, Krysta Kauble Pachman, and Ian M. Gore of Susman Godfrey L.L.P., William J. Gorham and Robert J. Wasserman of Mayall Hurley P.C., Craig J. Ackermann and Avi Kreitenberg of Ackermann & Tilajef, P.C., and Jonathan Melmed of Melmed Law Group, P.C. are preliminarily appointed as class counsel for the Settlement Class. Plaintiffs and the Settling Defendants within seven days after entry of this Order shall jointly file a proposed schedule, together with a proposed order, setting forth all deadlines required for disseminating notice to the class and setting a hearing for final approval of the settlement no later than 7/1/2022. Court Reporter: N/A. (gk)
February 24, 2022 Opinion or Order Filing 561 MINUTES (IN CHAMBERS) ORDER DENYING MOTIONS FOR CLASS CERTIFICATION #482 , #483 by Judge Stanley Blumenfeld, Jr. The Court DENIES both of Plaintiffs' motions for class certification. (iv)
February 18, 2022 Opinion or Order Filing 560 RESPONSE filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge Plaintiffs' Response re CRST's Estimated Costs to Provide Requested Class Information (Attachments: #1 Declaration of Ian M. Gore in Support of Plaintiffs' Response re CRST's Estimated Costs, #2 Gore Ex. 1 - Montoya Settlement Agreement)(Seltzer, Marc)
February 16, 2022 Opinion or Order Filing 559 Notice of Appearance or Withdrawal of Counsel: for attorney Julia Botezatu counsel for Defendant C.R. England, Inc.. Adding Julia Botezatu as counsel of record for Defendant C.R. England, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant C.R. England, Inc.. (Attorney Julia Botezatu added to party C.R. England, Inc.(pty:dft))(Botezatu, Julia)
February 11, 2022 Opinion or Order Filing 558 RESPONSE filed by Defendants CRST Expedited, Inc., CRST International, Inc. CRSTs Response Re Estimated Costs to Provide Requested Class Information (Attachments: #1 Declaration of Jonathan Blumenstein in Support of CRSTs Response Re Estimated Costs to Provide Requested Class Information, #2 Declaration of Jeetander T. Dulani in Support of CRSTs Response Re Estimated Costs to Provide Requested Class Information, #3 Declaration of Josh Lockhart in Support of CRSTs Response Re Estimated Costs to Provide Requested Class Information)(Huang, Emily)
February 11, 2022 Opinion or Order Filing 557 STATUS REPORT REGARDING COSTS TO NON-SETTLING DEFENDANTS TO PROVIDE CLASS LIST INFORMATION filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
February 1, 2022 Opinion or Order Filing 556 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Amend/Correct #554 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk)
January 31, 2022 Opinion or Order Filing 555 NOTICE of Settlement as to Stevens Transport, Inc. filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Sklaver, Steven)
January 28, 2022 Opinion or Order Filing 554 STIPULATION to AMEND filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge.(Gore, Ian)
January 24, 2022 Opinion or Order Filing 553 TRANSCRIPT ORDER as to Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge for Court Reporter. Court will contact Tammie DeNio at tdenio@susmangodfrey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Gore, Ian)
January 24, 2022 Opinion or Order Filing 552 TRANSCRIPT ORDER as to Defendants CRST Expedited, Inc., CRST International, Inc. for Court Reporter. Court will contact Melissa Webb at mwebb@scopelitis.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Hanson, James)
January 21, 2022 Opinion or Order Filing 551 MINUTES OF Motion Hearing held before Judge Stanley Blumenfeld, Jr. RE: Motion for Preliminary Approval of Class Action Settlements #537 . The Court heard argument from the parties and took the Motion for Preliminary Approval of Class Action Settlements under submission. Based on Plaintiffs' representation that the settlement agreements could be modified to remove the non-cooperation provision, Plaintiffs no later than 1/28/2022 shall file a stipulation in which all settling parties agree (1) to modify the settlement agreements to remove the non-cooperation provision and (2) that the Court should construe the motion for preliminary approval as applying to the modified settlement agreements. Additionally, the parties are ordered to meet and confer regarding the costs to the non-settling Defendants of providing the requested contact information of their employees who are members of the settlement class, which will be required for providing notice to the class. As soon as possible, and no later than 2/11/2022, the parties shall file a joint report stating whether they have reached agreement on this matter. If the parties are unable to agree, the non-settling Defendants no later than 2/11/2022 shall also file estimates, supported by declarations, of the costs they will incur in providing the requested contact information. Plaintiffs shall file any response no later than 2/18/2022. Court Reporter: Anne Kielwasser. (gk)
January 21, 2022 Opinion or Order Filing 550 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendant Schneider National Carriers Inc. Andre Keels is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Schneider National Carriers, Inc.. (Beldner, Sabrina)
January 21, 2022 Opinion or Order Filing 549 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendant Schneider National Carriers Inc. Jason Chrestionson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Schneider National Carriers, Inc.. (Beldner, Sabrina)
January 20, 2022 Opinion or Order Filing 548 (IN CHAMBERS) ORDER re: Motions to Appear Remotely at ECF No. #544 , #545 , #546 , and #547 by Judge Stanley Blumenfeld, Jr.: The requests to appear remotely are GRANTED. The parties are permitted to appear remotely by Zoom for the hearing on Preliminary Approval of Class Action Settlement (ECF No. #537 ), January 21, 2022 at 8:30 AM. Counsel are reminded to login to the Zoom meeting no later than fifteen minutes before the start of the hearing. Information on the Zoom meeting for the hearing can be found on Judge Blumenfeld's Procedures and Schedules on this Court's website. There will be no telephonic appearances. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
January 19, 2022 Opinion or Order Filing 547 NOTICE OF MOTION AND MOTION to Appear Remotely Via Zoom at Hearing on Plaintiffs' Motion for Preliminary Approval filed by Defendant C.R. England, Inc.. Motion set for hearing on 1/21/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration Declaration of Drew Hansen, #2 Proposed Order) (Goldstein, Seth)
January 19, 2022 Opinion or Order Filing 546 NOTICE OF MOTION AND MOTION for Leave of Judy L. Woods to Appear for Remotely via Zoom at the Hearing on Plaintiffs' Motion for Preliminary Approval of Class Action Settlement filed by Defendant Paschall Truck Lines Inc. Motion set for hearing on 1/21/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Judy Woods, #2 Proposed Order) (Riffer, Jeffrey)
January 19, 2022 Opinion or Order Filing 545 NOTICE OF MOTION AND MOTION for Leave of Joshua Drian to Appear for Hearing on Plaintiffs' Motion for Preliminary Approval of Class Action Settlements Remotely via Zoom filed by Defendant Stevens Transport Inc. Motion set for hearing on 1/21/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Joshua Drian, #2 Proposed Order) (Petrossian, Emil)
January 18, 2022 Opinion or Order Filing 544 NOTICE OF MOTION AND MOTION for Leave of Jeetander T. Dulani and Clare Pincoski to Appear for Remotely Via Zoom Defendant CRSTS Motion to Appear Remotely Via Zoom at the Hearing on Plaintiffs Motion For Preliminary Approval of Class Action Settlements filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 1/21/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Jeetander T. Dulani in Support of Defendant CRSTS Motion For Leave to Appear Remotely Via Zoom at the Hearing on Plaintiffs Motion For Preliminary Approval of Class Action Settlements, #2 Declaration of Clare Cavaliero Pincoski in Support of Defendant CRSTS Motion For Leave to Appear Remotely Via Zoom at the Hearing on Plaintiffs Motion For Preliminary Approval of Class Action Settlements, #3 Proposed Order Granting Defendant CRSTS Motion For Leave to Appear Remotely Via Zoom at the Hearing on Plaintiffs Motion For Preliminary Approval of Class Action Settlements) (Huang, Emily)
January 13, 2022 Opinion or Order Filing 543 Notice of Appearance or Withdrawal of Counsel: for attorney Emily Hsuan Fang Huang counsel for Defendants CRST Expedited, Inc., CRST International, Inc.. James V. Dick is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants CRST International, Inc. and CRST Expedited, Inc.. (Huang, Emily)
December 28, 2021 Opinion or Order Filing 542 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr re: NOTICE OF MOTION AND MOTION for Order for Preliminary Approval of Class Action Settlement #537 . The Court continues the hearing on said Motion from 1/7/2022 to 1/21/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
December 27, 2021 Opinion or Order Filing 541 NOTICE OF ERRATA filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. correcting Reply (Motion related), #540 to Non-Settling Defendants' Opposition to Motion for Preliminary Approval of Class Action Settlements (Nath, Rohit)
December 23, 2021 Opinion or Order Filing 540 REPLY in support of NOTICE OF MOTION AND MOTION for Order for Preliminary Approval of Class Action Settlement #537 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Declaration of Robert J. Wasserman)(Ackermann, Craig)
December 17, 2021 Opinion or Order Filing 539 OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Preliminary Approval of Class Action Settlement #537 --Non-Settling Defendants' Opposition filed by Defendant Stevens Transport Inc. (Attachments: #1 Declaration of Emil Petrossian, #2 Declaration Seth M. Goldstein, #3 Declaration James H. Hanson, #4 Proposed Order)(Petrossian, Emil)
December 10, 2021 Opinion or Order Filing 538 NOTICE of Intent to Oppose Plaintiffs' Motion for Preliminary Approval filed by Defendant Stevens Transport Inc. Re #537 (Petrossian, Emil)
December 6, 2021 Opinion or Order Filing 537 NOTICE OF MOTION AND MOTION for Order for Preliminary Approval of Class Action Settlement filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 1/7/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion, #2 Declaration of Ian M. Gore, #3 Exhibit 1 to Gore Declaration, #4 Exhibit 2 to Gore Declaration, #5 Exhibit 3 to Gore Declaration, #6 Exhibit 4 to Gore Declaration, #7 Proposed Order) (Attorney Craig J Ackermann added to party Eric Clark(pty:pla), Attorney Craig J Ackermann added to party Clois McClendon(pty:pla)) (Ackermann, Craig)
November 29, 2021 Opinion or Order Filing 536 RESPONSE filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorgeto Objection/Opposition (Motion related), #533 , REQUEST for Leave to file Surreply Defendants Request for Leave to File Surreply in Light of Vacatur of Oral Argument and New Evidence and Arguments Raised in Plaintiffs Reply #534 (Seltzer, Marc)
November 29, 2021 Opinion or Order Filing 535 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Leave to file Surreply #534 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Request. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging with a separate, additional attachment of the proposed order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
November 24, 2021 Opinion or Order Filing 534 REQUEST for Leave to file Surreply Defendants Request for Leave to File Surreply in Light of Vacatur of Oral Argument and New Evidence and Arguments Raised in Plaintiffs Reply filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Exhibit 1 - Defendants Surreply to Plaintiffs Reply Brief in Support of Motion for Class Certification of Their Antitrust Claims) (Huang, Emily)
November 24, 2021 Opinion or Order Filing 533 Objection in Opposition re: NOTICE OF MOTION AND MOTION to Certify Class (Refiled Pursuant to Docket 492) #494 Defendants Evidentiary Objection to Plaintiffs Reply Brief in Support of Motion for Class Certification of Their Antitrust Claims filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Exhibit 1 - Supplemental Expert Declaration of Dr. Timothy S. Snail)(Huang, Emily)
November 23, 2021 Opinion or Order Filing 532 MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Granting Plaintiffs Motion to Strike Witnesses From Steven Transport, Inc.s Supplemental Initial Disclosures #507 (SEE ORDER FOR DETAILS). (kca)
November 17, 2021 Opinion or Order Filing 531 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. The Courts November 10, 2021 order vacated the November 19, 2021 hearing on Plaintiffs motions for class certification, but inadvertently referenced only Dkt. No. 483. The hearing on the motion at Dkt. No. 482 is also vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
November 17, 2021 Opinion or Order Filing 530 Text Only Entry: The court takes Plaintiffs' NOTICE OF MOTION AND MOTION to Strike WITNESSES FROM STEVENS TRANSPORT, INC.S SUPPLEMENTAL INITIAL DISCLOSURES #507 under submission. The hearing set for November 23, 2021 at 10:00 a.m. is OFF CALENDAR. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY
November 10, 2021 Opinion or Order Filing 529 MINUTE ORDER IN CHAMBERS by Judge Stanley Blumenfeld, Jr re: NOTICE OF MOTION AND MOTION to Certify Class #483 . The November 19, 2021 hearing on Plaintiffs' motions for class certification, Dkt. No. 483, is VACATED. The Court may reset the hearing to a later date if it determines that a hearing on the motions will be helpful. (mrgo)
November 5, 2021 Opinion or Order Filing 528 REPLY in Support of NOTICE OF MOTION AND MOTION to Strike WITNESSES FROM STEVENS TRANSPORT, INC.S SUPPLEMENTAL INITIAL DISCLOSURES #507 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Wasserman, Robert)
November 4, 2021 Opinion or Order Filing 527 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration #525 . The following error(s) was/were found: Title page is missing. Other error(s) with document(s): Title page is incomplete. No attorneys/filers information. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom)
November 3, 2021 Opinion or Order Filing 526 PROOF OF SERVICE filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge, re Sealed Document, #524 served on November 3, 2021. (Gore, Ian)
November 3, 2021 Opinion or Order Filing 525 DECLARATION of Edward Leamer re Reply (Motion related),,, #514 , Order on Motion for Leave to File Document Under Seal,, #523 REDACTED filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Gore, Ian)
November 3, 2021 Opinion or Order Filing 524 SEALED DOCUMENT Expert Rebuttal Declaration of Edward Leamer re Reply (Motion related),,, #514 , Order on Motion for Leave to File Document Under Seal,, #523 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge.(Gore, Ian)
November 3, 2021 Opinion or Order Filing 523 ORDER RE PLAINTIFFS' APPLICATION UNDER LOCAL RULE 79-5 TO FILE DOCUMENTS UNDER SEAL #515 by Judge Stanley Blumenfeld, Jr. IT IS HEREBY ORDERED that the following documents are to be maintained under seal: 1) the sealed Declaration of Ian M. Gore in Support of Plaintiffs' Application Under Local Rule 79-5 to File Documents Under Seal; and 2) an unredacted copy of the Expert Rebuttal Declaration of Dr. Edward Leamer in Support of Plaintiffs' Motion for Class Certification of Their Antitrust Claims. (lom)
November 2, 2021 Opinion or Order Filing 522 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Expert Rebuttal Declaration of Edward Leamer under seal #515 filed by Defendant Stevens Transport Inc. (Attachments: #1 Exhibit A - Proposed Redactions)(Petrossian, Emil)
November 2, 2021 Opinion or Order Filing 521 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Expert Rebuttal Declaration of Edward Leamer under seal #515 filed by Defendant C.R. England, Inc..(Goldstein, Seth)
November 2, 2021 Opinion or Order Filing 520 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Expert Rebuttal Declaration of Edward Leamer under seal #515 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Exhibit A - Leamer Rebuttal Declaration Unredacted, #2 Exhibit B - Leamer Rebuttal Declaration Redacted)(Huang, Emily)
November 1, 2021 Opinion or Order Filing 519 SCHEDULING NOTICE by Magistrate Judge Sheri Pym re: Text Only Scheduling Notice,, 518 , NOTICE OF MOTION AND MOTION to Strike WITNESSES FROM STEVENS TRANSPORT, INC.S SUPPLEMENTAL INITIAL DISCLOSURES #507 Motion set for hearing on 11/23/2021 at 10:00 AM by video conference ZOOM before Magistrate Judge Sheri Pym. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Maurice, Rachel) TEXT ONLY ENTRY
November 1, 2021 Opinion or Order Filing 518 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION OFF CALENDAR AND REFERRAL by Judge Stanley Blumenfeld, Jr. The Court, on its own motion, takes the Motion to Strike (ECF No. #507 ) set for hearing on November 19, 2021 at 8:30 a.m. off the Courts calendar and refers the Motion to Magistrate Judge Sheri Pym. The parties are ordered to contact the Courtroom Deputy for Judge Sheri Pym to ensure the matter is heard on a date and time convenient for the Court. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
October 29, 2021 Opinion or Order Filing 517 PROOF OF SERVICE filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge, re Sealed Declaration in SupportDeclaration, #516 served on October 29, 2021. (Gore, Ian)
October 29, 2021 Opinion or Order Filing 516 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Expert Rebuttal Declaration of Edward Leamer under seal #515 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Unredacted Document)(Gore, Ian)
October 29, 2021 Opinion or Order Filing 515 APPLICATION to file document Expert Rebuttal Declaration of Edward Leamer under seal filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Redacted Document, #2 Supplement)(Gore, Ian)
October 29, 2021 Opinion or Order Filing 514 REPLY In Support of NOTICE OF MOTION AND MOTION to Certify Class #483 , NOTICE OF MOTION AND MOTION to Certify Class (Refiled Pursuant to Docket 492) #494 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Declaration of Ian Gore (Second), #2 Exhibit 51 Abernathy Deposition, #3 Exhibit 52 Brueck Deposition, #4 Exhibit 53 Gannon Deposition, #5 Exhibit 54 England Deposition, #6 Exhibit 55 Horowitz Deposition, #7 Exhibit 56 Easterday Deposition, #8 Exhibit 57 Haffenden Deposition, #9 Exhibit 58 Secret Shopper, #10 Exhibit 59 Secret Shopper, #11 Exhibit 60 Rejection, #12 Exhibit 61 Recruiter Script, #13 Exhibit 62 Rejection, #14 Exhibit 63 Rejection, #15 Declaration Rebuttal of Einer Elhauge)(Seltzer, Marc)
October 29, 2021 Opinion or Order Filing 513 OPPOSITION to NOTICE OF MOTION AND MOTION to Strike WITNESSES FROM STEVENS TRANSPORT, INC.S SUPPLEMENTAL INITIAL DISCLOSURES #507 filed by Defendant Stevens Transport Inc. (Attachments: #1 Declaration of Emil Petrossian, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Proposed Order)(Petrossian, Emil)
October 29, 2021 Opinion or Order Filing 512 REPLY in Support of NOTICE OF MOTION AND MOTION to Certify Class #482 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Wasserman, Robert)
October 8, 2021 Opinion or Order Filing 511 STATUS REPORT regarding Settlement filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Gore, Ian)
October 8, 2021 Opinion or Order Filing 510 SEALED DOCUMENT Expert Declaration of Dr. Timothy S. Snail re MEMORANDUM in Opposition to Motion,,,,,, #502 , Order on Motion for Leave to File Document Under Seal,, #508 filed by Defendants CRST Expedited, Inc., CRST International, Inc..(Huang, Emily)
October 8, 2021 Opinion or Order Filing 509 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Defendants Application for Leave to File Documents Under Seal Pursuant to Local Rule 79-5 under seal #505 filed by Defendants CRST Expedited, Inc., CRST International, Inc..(Huang, Emily)
October 7, 2021 Opinion or Order Filing 508 ORDER RE DEFENDANTS' APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL PURSUANT TO LOCAL RULE 79-5 by Judge Stanley Blumenfeld, Jr.: The Court GRANTS Defendants' Application for Leave to File Documents Under Seal #505 . IT IS HEREBY ORDERED that the following documents are to be filed under seal: (1) the sealed Declaration of James V. Dick in Support of Defendants' Application for Leave to File Documents Under Seal Pursuant to Local Rule 79-5; (2) an unredacted copy of the Expert Declaration of Dr. Timothy Snail in Support of Defendants' Opposition to Plaintiffs' Motion for Class Certification of Their Antitrust Claims. (gk)
October 6, 2021 Opinion or Order Filing 507 NOTICE OF MOTION AND MOTION to Strike WITNESSES FROM STEVENS TRANSPORT, INC.S SUPPLEMENTAL INITIAL DISCLOSURES filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 11/19/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum, #2 Declaration of Robert J. Wasserman, #3 Exhibit 1 to Wasserman Declaration, #4 Exhibit 2 to Wasserman Declaration, #5 Exhibit 3 to Wasserman Declaration, #6 Exhibit 4 to Wasserman Declaration, #7 Exhibit 5 to Wasserman Declaration, #8 Exhibit 6 to Wasserman Declaration, #9 Proposed Order) (Wasserman, Robert)
October 1, 2021 Opinion or Order Filing 506 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Defendants Application for Leave to File Documents Under Seal Pursuant to Local Rule 79-5 under seal #505 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Unredacted Document Unredacted Expert Declaration of Dr. Timothy S. Snail)(Huang, Emily)
October 1, 2021 Opinion or Order Filing 505 APPLICATION to file document Defendants Application for Leave to File Documents Under Seal Pursuant to Local Rule 79-5 under seal filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Declaration Redacted Expert Declaration of Dr. Timothy S. Snail, #2 Proposed Order Re Defendants Application for Leave to File Documents Under Seal Pursuant to Local Rule 79-5)(Huang, Emily)
October 1, 2021 Opinion or Order Filing 504 DECLARATION of TJ England in opposition to NOTICE OF MOTION AND MOTION to Certify Class #482 Declaration of TJ England in Support of Defendants Opposition to Plaintiffs Motion for Class Certification of Antitrust Claims filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Exhibit 1 - 12.18.2017 Mutual Arbitration Agreement, #2 Exhibit 2 - 6.28.2016 Mutual Arbitration Agreement)(Huang, Emily)
October 1, 2021 Opinion or Order Filing 503 DECLARATION of Angela Horowitz in opposition to NOTICE OF MOTION AND MOTION to Certify Class #482 Declaration of Angela Horowitz in Support of Defendants Opposition to Plaintiffs Motion for Class Certification of Antitrust Claims filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Exhibit A - 8.13.2015 Minute Entry in Swift Transportation v. Stevens Transport Case, #2 Exhibit B - Mutual Agreement To Arbitrate Claims)(Huang, Emily)
October 1, 2021 Opinion or Order Filing 502 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class #483 Memorandum in Support of Defendants Opposition to Plaintiffs Motion for Class Certification of Antitrust Claims filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Declaration of James V. Dick in Support of Defendants Opposition to Plaintiffs Motion for Class Certification of Antitrust Claims, #2 Exhibit 1 - Excerpts of Deposition of Angela Horowitz, #3 Exhibit 2 - Excerpts of Deposition of Curtis Markson, #4 Exhibit 3 - Excerpts of Deposition of Mark McGeorge, #5 Exhibit 4 - Excerpts of Depositions of Michael Gannon, #6 Exhibit 5 - Excerpts of Depositions of Chad Brueck, #7 Exhibit 6 - Excerpts of Deposition of TJ England, #8 Exhibit 7 - Excerpts of Deposition of Clois McClendon, #9 Exhibit 8 - Excerpts of Deposition of Eric Clark, #10 Exhibit 9 - Supp. Obj. and Resp. to IR # 2 3 and 5, #11 Exhibit 10 - Collection of Driver Employment Contracts, #12 Exhibit 11 - Excerpts of 2020 Deposition of Jennifer Abernathy, #13 Exhibit 12 - Excerpts of Deposition of Angela Stastny, #14 Exhibit 13 - Exhibit 731 to Markson Deposition (CRST Welcome Packet), #15 Exhibit 14 - Exhibit 30 to McGeorge Deposition (CRST Welcome Packet), #16 Exhibit 15 - CRST 001770 Hiring Map (on p. 52) - Recruiting Manual CRST001719_CRST000001-002066, #17 Exhibit 16 - 2013 Pay Scale - Exhibit 481 to Brueck Deposition (CRST001617), #18 Exhibit 17 - 2015 Pay Scale - Exhibit 482 to Brueck Dep. (CRST008303), #19 Proposed Order Denying Plaintiffs Motion for Class Certification of Their Antitrust Claims)(Huang, Emily)
October 1, 2021 Opinion or Order Filing 501 OPPOSITION In Opposition re: NOTICE OF MOTION AND MOTION to Certify Class #482 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Declaration of Charles Andrewscavage, #2 Exhibit 1- Fourth Amended Class Action Complaint, #3 Exhibit 2- Mark McGeorge Transcript, #4 Exhibit 3- Curtis Markson Transcript, #5 Exhibit 4- Final Settlement Approval Order and Judgment, #6 Exhibit 5- Pre-Employment Driver Training Agreement, #7 Exhibit 6- Driver Employment Contract, #8 Exhibit 7- McClendon Transcript, #9 Exhibit 8- Second Amended Class and Collective Action Complaint, #10 Exhibit 9- Montoya Settlement Agreement and Release of Claims, #11 Exhibit 10- Declaration of Anthony Gomez, #12 Exhibit 11- MARKSON002884, #13 Exhibit 12- Montoya ECF 347-6, #14 Exhibit 13- Markson Objection, #15 Exhibit 14- Markson Objection Withdrawal, #16 Exhibit 15- Markson Opt-Out Notice, #17 Exhibit 16- McGeorge Opt-Out Notice, #18 Exhibit 17- McClendon Opt-Out Notice)(Andrewscavage, Charles)
September 23, 2021 Opinion or Order Filing 500 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. The Court deems the MOTION to Withdraw APPLICATION of Non-Resident Attorney Kali M. Yallourakis MOOT in light of the Court's ruling in Dkt. No. 374. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
September 14, 2021 Opinion or Order Filing 499 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendant Schneider National Carriers Inc. Amy E. Beverlin is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant SCHNEIDER NATIONAL CARRIERS, INC.. (Beldner, Sabrina)
September 14, 2021 Opinion or Order Filing 498 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendant Schneider National Carriers Inc. Matthew C. Kane is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant SCHNEIDER NATIONAL CARRIERS, INC.. (Beldner, Sabrina)
September 14, 2021 Opinion or Order Filing 497 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendant Schneider National Carriers Inc. Adding Sabrina A. Beldner as counsel of record for SCHNEIDER NATIONAL CARRIERS, INC. for the reason indicated in the G-123 Notice. Filed by Defendant SCHNEIDER NATIONAL CARRIERS, INC.. (Attorney Sabrina A Beldner added to party Schneider National Carriers Inc(pty:dft))(Beldner, Sabrina)
September 13, 2021 Opinion or Order Filing 496 PROOF OF SERVICE filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge, re Sealed Document,,, #495 served on September 13, 2021. (Gore, Ian)
September 13, 2021 Opinion or Order Filing 495 SEALED DOCUMENT Memo in Support of Class Certification re Order on Motion for Leave to File Document Under Seal,,, #492 , NOTICE OF MOTION AND MOTION to Certify Class (Refiled Pursuant to Docket 492) #494 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Exhibit 10 to Declaration of Ian Gore - Powerpoint, #2 Exhibit 13 to Declaration of Ian Gore - Pay Scale, #3 Exhibit 15 to Declaration of Ian Gore - Email, #4 Exhibit 21 to Declaration of Ian Gore - Email, #5 Exhibit 26 to Declaration of Ian Gore - Presentation, #6 Exhibit 27 to Declaration of Ian Gore - Email, #7 Exhibit 29 to Declaration of Ian Gore - Email, #8 Exhibit 30 to Declaration of Ian Gore - Email, #9 Exhibit 33 to Declaration of Ian Gore - Email, #10 Declaration of Einer Elhauge, #11 Declaration of Edward Leamer)(Seltzer, Marc)
September 13, 2021 Opinion or Order Filing 494 NOTICE OF MOTION AND MOTION to Certify Class (Refiled Pursuant to Docket 492) filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson. Motion set for hearing on 11/19/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum of Points and Authorities ISO, #2 Proposed Order, #3 Declaration Gore Decl, #4 Exhibit Gore Decl. Ex. 01 - Roark Depo, #5 Exhibit Gore Decl. Ex. 02 - Gannon Depo, #6 Exhibit Gore Decl. Ex. 03 - England Depo, #7 Exhibit Gore Decl. Ex. 04 - Abernathy Depo, #8 Exhibit Gore Decl. Ex. 05 - Horowitz Depo, #9 Exhibit Gore Decl. Ex. 06 - Ohata Depo, #10 Exhibit Gore Decl. Ex. 07 - Hatchett Depo, #11 Exhibit Gore Decl. Ex. 08 - Ohata Depo, #12 Exhibit Gore Decl. Ex. 09 - Email, #13 Exhibit Gore Decl. Ex. 10 - (Redacted) Powerpoint, #14 Exhibit Gore Decl. Ex. 11 - Email, #15 Exhibit Gore Decl. Ex. 12 - Email, #16 Declaration Gore Decl. Ex. 13 - Pay Scale, #17 Exhibit Gore Decl. Ex. 14 - Email, #18 Exhibit Gore Decl. Ex. 15 - (Redacted) Email, #19 Exhibit Gore Decl. Ex. 16- Email, #20 Exhibit Gore Decl. Ex. 17 - Email, #21 Exhibit Gore Decl. Ex. 18 - Email, #22 Exhibit Gore Decl. Ex. 19 - Email, #23 Exhibit Gore Decl. Ex. 20 - Email, #24 Exhibit Gore Decl. Ex. 21 - Email, #25 Exhibit Gore Decl. Ex. 22 - Email, #26 Exhibit Gore Decl. Ex. 23 - Calendar Entry, #27 Exhibit Gore Decl. Ex. 24 - Email, #28 Exhibit Gore Decl. Ex. 25 - Email, #29 Exhibit Gore Decl. Ex. 26- Presentation, #30 Exhibit Gore Decl. Ex. 27 - Email, #31 Exhibit Gore Decl. Ex. 28- Email, #32 Exhibit Gore Decl. Ex. 29- Email, #33 Exhibit Gore Decl. Ex. 30- Email, #34 Exhibit Gore Decl. Ex. 31- Pay Scale, #35 Exhibit Gore Decl. Ex. 32- Email, #36 Exhibit Gore Decl. Ex. 33- Email, #37 Exhibit Gore Decl. Ex. 34- Email, #38 Exhibit Gore Decl. Ex. 35- Email, #39 Exhibit Gore Decl. Ex. 36- Email, #40 Exhibit Gore Decl. Ex. 37- Email, #41 Exhibit Gore Decl. Ex. 38- Email, #42 Exhibit Gore Decl. Ex. 39 - Email, #43 Exhibit Gore Decl. Ex. 40- Pay Scale, #44 Exhibit Gore Decl. Ex. 41- Email, #45 Exhibit Gore Decl. Ex. 42- Email, #46 Exhibit Gore Decl. Ex. 43- Email, #47 Exhibit Gore Decl. Ex. 44 - Email, #48 Exhibit Gore Decl. Ex. 45- Email, #49 Exhibit Gore Decl. Ex. 46- Presentation, #50 Exhibit Gore Decl. Ex. 47- Email, #51 Exhibit Gore Decl. Ex. 48- Contract Letter, #52 Exhibit Gore Decl. Ex. 49- DOJ Guidance, #53 Exhibit Gore Decl. Ex. 50- Highing Policy, #54 Declaration Seltzer Decl, #55 Exhibit Seltzer Decl Ex. 1 - Susman Godfrey Profile, #56 Exhibit Seltzer Decl Ex. 2 - Seltzer Profile, #57 Exhibit Seltzer Decl Ex. 3 - Sklaver Profile, #58 Exhibit Seltzer Decl Ex. 4 - Berry Profile, #59 Exhibit Seltzer Decl Ex. 5 - Pachman Profile, #60 Exhibit Seltzer Decl Ex. 6 - Gore Profile, #61 Exhibit Seltzer Decl Ex. 7 - Nath Profile, #62 Declaration Wasserman Decl, #63 Declaration Ackermann Decl, #64 Declaration Melmed Decl, #65 Declaration Elhauge Decl (Redacted), #66 Declaration Leamer Decl (Redacted)) (Seltzer, Marc)
September 9, 2021 Opinion or Order Filing 493 MINUTES (IN CHAMBERS) ORDER DENYING MOTION FOR LEAVE TO FILE MULTIPLE MOTIONS FOR SUMMARY JUDGMENT #473 by Judge Stanley Blumenfeld, Jr. See minute order for details. (lom)
September 7, 2021 Opinion or Order Filing 492 MINUTE ORDER by Judge Stanley Blumenfeld, Jr.: It is ORDERED that Plaintiffs' Application to file under seal certain documents filed in connection with their Motion for Class Certification of Their Antitrust Claims #484 is GRANTED IN PART as follows: Exhibits 10, 13, 15, 21, 26, 27, 29, 30, and 33 to the Gore Declaration, together with any quotations of those exhibits in the briefing, shall be filed under seal, with an appropriately redacted copy filed publicly. The application is otherwise DENIED, and the remaining exhibits and references thereto may not remain under seal. Plaintiffs within five days shall refile their Motion for Class Certification of Their Antitrust Claims with appropriate redactions to conform to this Order. Court Reporter: N/A. (gk)
September 3, 2021 Opinion or Order Filing 491 SUPPLEMENT to NOTICE OF MOTION AND MOTION to File Multiple Motions for Summary Judgment #473 Supplemental Memorandum in Opposition to Defendants' Motion for Leave to File Multiple Motions for Summary Judgment filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Declaration Declaration of Ian Gore ISO Plaintiffs' Supp. Memo re: Defendants' Motion for Leave to File Multiple MSJs, #2 Exhibit Gore Decl. Ex. 1 - Aug. 6 Emails, #3 Exhibit Gore Decl. Ex. 2 - Email re No Changes, #4 Exhibit Gore Decl. Ex. 3 - Stipulation Proposal, #5 Exhibit Gore Decl. Ex. 4 - Defendants' Response, #6 Exhibit Gore Decl. Ex. 5 - Meet and Confer Scheduling, #7 Exhibit Gore Decl. Ex. 6 - Meet and Confer Follow-Up, #8 Exhibit Gore Decl. Ex. 7 - Mar. 16 Email)(Gore, Ian)
September 3, 2021 Opinion or Order Filing 490 SUPPLEMENT to NOTICE OF MOTION AND MOTION to File Multiple Motions for Summary Judgment #473 Defendants' Supplemental Memorandum in Support of Motion filed by Defendant C.R. England, Inc.. (Goldstein, Seth)
August 31, 2021 Opinion or Order Filing 489 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Mem. ISO Class Cert. Motion, Expert Declarations ISO Class Cert Motion, and Exhibits to Gore Declaration ISO Class Cert Motion under seal #484 filed by Defendant C.R. England, Inc..(Goldstein, Seth)
August 31, 2021 Opinion or Order Filing 488 NOTICE of Withdrawal of Request to Seal Exhibit 40 in Connection with Plaintiffs' Application Under Local Rule 79-5 to File Documents Under Seal #484 filed by Defendant Stevens Transport Inc. (Petrossian, Emil)
August 31, 2021 Opinion or Order Filing 487 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Mem. ISO Class Cert. Motion, Expert Declarations ISO Class Cert Motion, and Exhibits to Gore Declaration ISO Class Cert Motion under seal #484 filed by Defendants CRST Expedited, Inc., CRST International, Inc..(Huang, Emily)
August 27, 2021 Opinion or Order Filing 486 PROOF OF SERVICE filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge, re Sealed Declaration in SupportDeclaration,,,,, #485 served on 8/27/2021. (Seltzer, Marc)
August 27, 2021 Opinion or Order Filing 485 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Mem. ISO Class Cert. Motion, Expert Declarations ISO Class Cert Motion, and Exhibits to Gore Declaration ISO Class Cert Motion under seal #484 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Unredacted Document Mem. ISO Class Cert Motion re Antitrust Claims, #2 Unredacted Document Elhauge Decl ISO Class Cert Motion re Antitrust Claims, #3 Unredacted Document Leamer Decl ISO Class Cert Motion re Antitrust Claims, #4 Unredacted Document Gore Ex. 10 - PowerPoint Presentation, #5 Unredacted Document Gore Ex. 13 - Pay Scale, #6 Unredacted Document Gore Ex. 15 - Email, #7 Unredacted Document Gore Ex. 21 - Email, #8 Unredacted Document Gore Ex. 26 - Email, #9 Unredacted Document Gore Ex. 27 - Email, #10 Unredacted Document Gore Ex. 29 - Email, #11 Unredacted Document Gore Ex. 30 - Email, #12 Unredacted Document Gore Ex. 33 - Email, #13 Unredacted Document Gore Ex. 40 - Pay Scale, #14 Unredacted Document Gore Ex. 42 - Email, #15 Unredacted Document Gore Ex. 43 - Email, #16 Unredacted Document Gore Ex. 45 - Email, #17 Unredacted Document Gore Ex. 47 - Email)(Seltzer, Marc)
August 27, 2021 Opinion or Order Filing 484 APPLICATION to file document Mem. ISO Class Cert. Motion, Expert Declarations ISO Class Cert Motion, and Exhibits to Gore Declaration ISO Class Cert Motion under seal filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order Proposed Order, #2 Redacted Document Memorandum ISO Class Certification Motion re: Antitrust Claims, #3 Redacted Document Elhauge Decl ISO Class Cert Motion re: Antitrust Claims, #4 Redacted Document Leamer Decl ISO Class Cert Motion re: Antitrust Claims, #5 Redacted Document Gore Ex. 10 - PowerPoint, #6 Redacted Document Gore Ex. 15 - Email, #7 Redacted Document Gore Ex. 45 - Email)(Seltzer, Marc)
August 27, 2021 Opinion or Order Filing 483 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 11/19/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order Proposed Order, #2 Declaration Gore Decl ISO Class Cert Motion, #3 Exhibit Gore Ex. 1 - Roark Dep, #4 Exhibit Gore Ex. 2 - Gannon Dep, #5 Exhibit Gore Ex. 3 - England Dep, #6 Exhibit Gore Ex. 4 - Abernathy Dep, #7 Exhibit Gore Ex. 5 - Horowitz Dep, #8 Exhibit Gore Ex. 6 - Holzer Dep, #9 Exhibit Gore Ex. 7 - Hatchett Dep, #10 Exhibit Gore Ex. 8 - Ohata Dep, #11 Exhibit Gore Ex. 9 - Email, #12 Exhibit Gore Ex. 11 - Email, #13 Exhibit Gore Ex. 12 - Email, #14 Exhibit Gore Ex. 14 - Email, #15 Exhibit Gore Ex. 16 - Email, #16 Exhibit Gore Ex. 17 - Email, #17 Exhibit Gore Ex. 18 - Email, #18 Exhibit Gore Ex. 19 - Email, #19 Exhibit Gore Ex. 20 - Email, #20 Exhibit Gore Ex. 22 - Email, #21 Exhibit Gore Ex. 23 - Calendar Notice, #22 Exhibit Gore Ex. 24 - Email, #23 Exhibit Gore Ex. 25 - Email, #24 Exhibit Gore Ex. 28 - Email, #25 Exhibit Gore Ex. 31 - Pay Scale, #26 Exhibit Gore Ex. 32 - Email, #27 Exhibit Gore Ex. 34 - Email, #28 Exhibit Gore Ex. 35 - Email, #29 Exhibit Gore Ex. 36 - Email, #30 Exhibit Gore Ex. 37 - Email, #31 Exhibit Gore Ex. 38 - Email, #32 Exhibit Gore Ex. 39 - Email, #33 Exhibit Gore Ex. 41 - Email, #34 Exhibit Gore Ex. 44 - Email, #35 Exhibit Gore Ex. 46 - Email, #36 Exhibit Gore Ex. 48 - Contract Letter, #37 Exhibit Gore Ex. 49 - DOJ Guidance, #38 Exhibit Gore Ex. 50 - Hiring Policy, #39 Declaration Seltzer Decl ISO Class Cert Motion, #40 Exhibit Seltzer Ex. 1 - Susman Godfrey Profile, #41 Exhibit Seltzer Ex. 2 - Seltzer Profile, #42 Exhibit Seltzer Ex. 3 - Sklaver Profile, #43 Exhibit Seltzer Ex. 4 - Berry Profile, #44 Exhibit Seltzer Ex. 5 - Pachman Profile, #45 Exhibit Seltzer Ex. 6 - Gore Profile, #46 Exhibit Seltzer Ex. 7 - Nath Profile, #47 Declaration Wasserman Decl ISO Class Cert Motion, #48 Declaration Ackermann Decl ISO Class Motion, #49 Declaration Melmed Decl ISO Class Motion) (Seltzer, Marc)
August 27, 2021 Opinion or Order Filing 482 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 11/19/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum of Points and Authorities, #2 Wasserman Declaration, #3 Ex. A to Wasserman Decl - 2017 Abernathy Depo, #4 Ex. B to Wasserman Decl - 2020 Abernathy Depo, #5 Ex. C to Wasserman Decl - 2017 Brueck Depo, #6 Ex. D to Wasserman Decl - 2021 Brueck Depo, #7 Ex. E to Wasserman Decl - Dicus Depo, #8 Ex. F to Wasserman Decl - Gannon Depo, #9 Ex. G to Wasserman Decl - 2017 Hedges Depo, #10 Ex. H to Wasserman Decl - 2020 Hedges Depo, #11 Ex. I to Wasserman Decl - Ex. 7 to 2017 Abernathy Depo, #12 Ex. J to Wasserman Decl - Ex. 8 to 2017 Abernathy Depo, #13 Ex. K to Wasserman Decl - Ex. 9 to 2017 Abernathy Depo, #14 Ex. L to Wasserman Decl - Ex. 10 to 2017 Abernathy Depo, #15 Ex. M to Wasserman Decl - Ex. 12 to 2017 Abernathy Depo, #16 Ex. N to Wasserman Decl - Ex. 13 to 2017 Abernathy Depo, #17 Ex. O to Wasserman Decl - Ex. 125 to 2020 Abernathy Depo, #18 Ex. P to Wasserman Decl - Ex. 9 to 2021 Brueck Depo, #19 Ex. Q to Wasserman Decl - Ex. 14 to 2021 Brueck Depo, #20 Ex. R to Wasserman Decl - Ex. 130 to Gannon Depo, #21 Ex. S to Wasserman Decl - Ex. 493 to Gannon Depo, #22 Ex. T to Wasserman Decl - Ex. 21 to 2017 Hedges Depo, #23 Ex. U to Wasserman Decl - Ex. 22 to 2017 Hedges Depo, #24 Ex. V to Wasserman Decl - Ex. 23 to 2017 Hedges Depo, #25 Ex. W to Wasserman Decl - Ex. 24 to 2020 Hedges Depo, #26 Ex. X to Wasserman Decl - PAGA Notice Public Search - CRST, #27 Ex. Y to Wasserman Decl - Smith Orer Granting Final Approval, #28 Ex. Z to Wasserman Decl - Montoya Final Settlement Order & Judgment, #29 Ex. ZA to Wasserman Decl - Montoya Settlement Agreement, #30 Ackermann Declaration, #31 Melmed Declaration, #32 Markson Declaration, #33 Ex. 1 to Markson Decl - Assignment of Wages and Payroll Deduction, #34 Ex. 2 to Markson Decl - Driver Employment Contract, #35 Ex. 3 to Markson Decl - Wage Statements, #36 McClendon Declaration, #37 Ex. 1 to McClendon Decl - Pre-Employment Driver Training Agreeme, #38 Ex. 2 to McClendon Decl - Assignment of Wages, #39 Ex. 3 to McClendon Decl - Driver Employment Agreement, #40 Ex. 4 to McClendon Decl - Wage Statements, #41 McGeorge Declaration, #42 Ex. 1 to McGeorge Decl - Pre-Employment Driver Training Agreement, #43 Ex. 2 to McGeorge Decl - Assignment of Wages and Payroll Deductions, #44 Ex. 3 to McGeorge Decl - 2nd Assignment of Wages and Payroll Deducti, #45 Ex. 4 to McGeorge Decl - Driver Employment Contract, #46 Ex. 5 to McGeorge Decl - Wage Statements, #47 Ex. 6 to McGeorge Decl - Collection Agency Letter, #48 Seltzer Declaration, #49 Ex. 1 to Seltzer Decl - Susman Godfrey Firm Profile, #50 Ex. 2 to Seltzer Decl - Seltzer Attorney Profile, #51 Ex. 3 to Seltzer Decl - Sklaver Attorney Profile, #52 Ex. 4 to Seltzer Decl - Berry Attorney Profile, #53 Ex. 5 to Seltzer Decl - Kauble Attorney Profile, #54 Ex. 6 to Seltzer Decl - Gore Attorney Profile, #55 Ex. 7 to Seltzer Decl - Nath Attorney Profile, #56 Kriegler Declaration, #57 Ex. 1 to Kriegler Declaration - Curriculum Vitae, #58 Ex. 2A to Kriegler Declaration - Markson Derivation of Damages, #59 Ex. 2B to Kriegler Declaration - McGeorge Derivation of Damages, #60 Ex. 2C to Kriegler Declaration - McClendon Derivation of Damages, #61 Ex. 3A Kriegler Declaration - Markson Derivation of PJ Interest, #62 Ex. 3B to Kriegler Declaration - McGeorge Derivation of PJ Interest, #63 Ex. 3C to Kriegler Declaration - McClendon Drivation of PJ Interest, #64 Ex. 4A to Kriegler Declaration - Markson Waiting Time Penalties, #65 Ex. 4B to Kriegler Declaration - McGeorge Waiting Time Penalties, #66 Ex. 4C to Kriegler Declaration - McClendon Waiting Time Penalties, #67 Ex. 5A to Kriegler Declaration - 5.15.13-4.15.20 Damages & Interest, #68 Ex. 5B to Kriegler Declaration - 5.15.13-1.21.14 Damages & Interest, #69 Ex. 6 to Kriegler Declaration - Waiting Time Penalties, #70 Ex. 7 to Kriegler Declaration - PAGA Penalties, #71 Proposed Order) (Wasserman, Robert)
August 26, 2021 Opinion or Order Filing 481 Notice of Appearance or Withdrawal of Counsel: for attorney Emily Hsuan Fang Huang counsel for Defendants CRST Expedited, Inc., CRST International, Inc.. Adding Emily Huang as counsel of record for CRST International, Inc. and CRST Expedited, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants CRST International, Inc. and CRST Expedited, Inc.. (Attorney Emily Hsuan Fang Huang added to party CRST Expedited, Inc.(pty:dft), Attorney Emily Hsuan Fang Huang added to party CRST International, Inc.(pty:dft))(Huang, Emily)
August 26, 2021 Opinion or Order Filing 480 NOTICE of Settlement as to Western Express, Inc. filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Sklaver, Steven)
August 23, 2021 Opinion or Order Filing 479 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr re: Notice of Settlement #478 . The Court received notice of a settlement between Plaintiffs and Defendants Covenant Transport, Inc. and Southern Refrigerated Transport, Inc. Dkt. No. 478. On or before October 8, 2021, the settling parties are to file a request for dismissal or a status report explaining their failure to do so and providing a specific date when they will do so. The Court may order the parties to appear for a status conference within 14 days if the explanation does not show due diligence.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
August 20, 2021 Opinion or Order Filing 478 NOTICE of Settlement as to Covenant Transport, Inc. and Southern Refrigerated Transport, Inc. filed by plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Sklaver, Steven)
August 19, 2021 Opinion or Order Filing 477 Notice of Appearance or Withdrawal of Counsel: for attorney Marc M Seltzer counsel for Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Brandon Thomas is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiffs Marc Seltzer. (Seltzer, Marc)
August 17, 2021 Opinion or Order Filing 476 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection/Opposition (Motion related) #474 . The following error(s) was/were found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom)
August 16, 2021 Opinion or Order Filing 475 ORDER by Judge Stanley Blumenfeld, Jr: granting #468 #470 Non-Resident Attorney Patrick J. Pascarella APPLICATION to Appear Pro Hac Vice on behalf of Stevens Transport Inc, designating Craig J. de Recat as local counsel. (lom)
August 13, 2021 Opinion or Order Filing 474 Objection to Section E of Plaintiffs' portion of Joint Stipulation regarding re: NOTICE OF MOTION AND MOTION to File Multiple Motions for Summary Judgment #473 filed by Defendant C.R. England, Inc.. (Goldstein, Seth)
August 13, 2021 Opinion or Order Filing 473 NOTICE OF MOTION AND MOTION to File Multiple Motions for Summary Judgment filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 9/17/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order Proposed Order, #2 Memorandum Joint Stipulation, #3 Declaration Declaration of I. Gore) (Grossman, David)
August 13, 2021 Opinion or Order Filing 472 STATUS REPORT regarding Settlements filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
August 9, 2021 Opinion or Order Filing 471 STATUS REPORT regarding Mediation between Plaintiffs and CRST Defendants filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
August 9, 2021 Opinion or Order Filing 470 Corrected APPLICATION of Non-Resident Attorney Patrick J. Pascarella to Appear Pro Hac Vice on behalf of Defendant Stevens Transport Inc (Pro Hac Vice Fee - $500.00 Previously Paid on 8/6/2021, Receipt No. 31759520) filed by Defendant Stevens Transport Inc. (Attachments: #1 Proposed Order) (de Recat, Craig)
August 6, 2021 Opinion or Order Filing 469 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Patrick J. Pascarella to Appear Pro Hac Vice on behalf of Defendant Stevens Transport Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31759520) #468 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): The attorney seeking to appear pro hac vice must complete Section 1 of this Application, personally sign, in ink, the certification in Section II, and have the designated Local Counsel sign in Section III. ELECTRONIC SIGNATURES ARE NOT ACCEPTED. See Instructions for Applicants (1) (G-64). Error in PHV last name. (lt)
August 6, 2021 Opinion or Order Filing 468 APPLICATION of Non-Resident Attorney Patrick J. Pascarella to Appear Pro Hac Vice on behalf of Defendant Stevens Transport Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31759520) filed by Defendant Stevens Transport Inc. (Attachments: #1 Proposed Order) (de Recat, Craig)
July 20, 2021 Opinion or Order Filing 467 Notice of Appearance or Withdrawal of Counsel: for attorney Timothy L Frey counsel for Defendants Covenant Transport, Inc., Southern Refrigerated Transport, Inc.. Timothy L. Frey is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendants Covenant Transport, Inc. and Southern Refrigerated Transport, Inc.. (Frey, Timothy)
July 19, 2021 Opinion or Order Filing 466 STATUS REPORT -- Joint -- re #454 filed by Defendant Stevens Transport Inc. (Petrossian, Emil)
July 19, 2021 Opinion or Order Filing 465 Notice of Appearance or Withdrawal of Counsel: for attorney Emil Petrossian counsel for Defendant Stevens Transport Inc. Lilian Ava Levy is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Stevens Transport. (Petrossian, Emil)
July 19, 2021 Opinion or Order Filing 464 Notice of Appearance or Withdrawal of Counsel: for attorney Emil Petrossian counsel for Defendant Stevens Transport Inc. Brian C. Mohr is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Stevens Transport. (Petrossian, Emil)
July 19, 2021 Opinion or Order Filing 463 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/9/21 8:44 am re Transcript #462 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Thibodeaux, Elizabeth) TEXT ONLY ENTRY
July 19, 2021 Opinion or Order Filing 462 TRANSCRIPT for proceedings held on 7/9/21 8:44 am. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, CSR, RPR, CRR, phone number ktbdx@aol.com. 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 8/9/2021. Redacted Transcript Deadline set for 8/19/2021. Release of Transcript Restriction set for 10/18/2021. (Thibodeaux, Elizabeth)
July 16, 2021 Opinion or Order Filing 461 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Clare Caveliero Pincoski to Appear Pro Hac Vice on behalf of Defendants CRST International, Inc. and CRST Expedited, Inc., designating Christopher C. McNatt, Jr. as local counsel #456 . (gk)
July 16, 2021 Opinion or Order Filing 460 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney David C. Grossman to Appear Pro Hac Vice on behalf of Defendants CRST International, Inc. and CRST Expedited, Inc., designating Christopher C. McNatt, Jr. as local counsel #455 . (gk)
July 13, 2021 Opinion or Order Filing 459 TRANSCRIPT ORDER as to plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge for Court Reporter. Court will contact Tammie DeNio at tdenio@susmangodfrey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Gore, Ian)
July 13, 2021 Opinion or Order Filing 458 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Transcript Order Form (G-120), #457 . The following error(s) was found: NO COURT REPORTER LISTED IN BOX 8 AND A DELIVERY TYPE WAS NOT SELECTED IN BOX 10D ON FORM G-120. You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY
July 13, 2021 Opinion or Order Filing 457 TRANSCRIPT ORDER as to plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge for Court Reporter. Court will contact Tammie DeNio at tdenio@susmangodfrey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Gore, Ian)
July 12, 2021 Opinion or Order Filing 456 APPLICATION of Non-Resident Attorney Clare Caveliero Pincoski to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., CRST International, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31615723) filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 DC Certificate of Good Standing, #2 MD Certificate of Good Standing, #3 VA Certificate of Good Standing, #4 Proposed Order) (McNatt, Christopher)
July 12, 2021 Opinion or Order Filing 455 APPLICATION of Non-Resident Attorney David C. Grossman to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., CRST International, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31615596) filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 DC Certificate of Good Standing, #2 VA Certificate of Good Standing, #3 Proposed Order) (McNatt, Christopher)
July 9, 2021 Opinion or Order Filing 454 MINUTES OF Post-Settlement Status Conference held before Judge Stanley Blumenfeld, Jr.: The Court hereby orders Plaintiffs and the CRST Defendants to engage in an in-person mediation, with principals who have authority to settle, by no later than 8/9/2021 and to provide a joint status report three days after the mediation concludes. At the hearing, defense counsel raised an issue about the applicability of the rule-of-reason theory of antitrust liability in this case. The Court orders the parties to meet and confer on this issue by 7/12/2021. The parties are to advise the Court of the results of their meeting in a joint status report by 7/19/2021. The parties are advised that they are expected to comply with the deadlines in the case management order. Court Reporter: Katie Thibodeaux. (gk)
July 6, 2021 Opinion or Order Filing 453 STATUS REPORT Plaintiffs' and Settling Defendants' Status Report Regarding Settlement Conference filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Gore, Ian)
July 6, 2021 Opinion or Order Filing 452 MEDIATION REPORT Filed by Defendant CRST International, Inc.: Mediation held on June 25, 2021 and the case has been partially resolved. With the filing of this Report, the parties are advised that they must file a joint stipulation regarding those claims which have been resolved. The following issues remain for this Court to resolve: Two defendants have tentatively settled. Five defendants have not. None of the claims against those five defendants have been resolved..Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Dick, James)
July 2, 2021 Opinion or Order Filing 451 MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Denying Defendant Steven Transport, Inc.s Motion to Compel Plaintiffs Further Discovery Responses #428 (SEE ORDER FOR DETAILS). (kca)
July 2, 2021 Opinion or Order Filing 450 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. The Court received notice of a settlement between Plaintiffs and Defendant Schneider National Carriers, Inc. Dkt. No. 448. On or before August 20, 2021, the settling parties are to file a request for dismissal or a status report explaining their failure to do so and providing a specific date when they will do so. The Court may order the parties to appear for a status conference within 14 days if the explanation does not show due diligence. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
July 2, 2021 Opinion or Order Filing 449 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. The Court received notice of a settlement between Plaintiffs and Defendant Paschall Truck Lines. Dkt. No. 446. On or before August 13, 2021, the settling parties are to file a request for dismissal or a status report explaining their failure to do so and providing a specific date when they will do so. The Court may order the parties to appear for a status conference within 14 days if the explanation does not show due diligence. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
July 1, 2021 Opinion or Order Filing 448 NOTICE of Settlement as to Schneider National Carriers, Inc. filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Sklaver, Steven)
June 30, 2021 Opinion or Order Filing 447 MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Denying Without Prejudice Plaintiffs Motion to Compel Documents Withheld as Privileged, and Ordering Further Meet and Confer #430 (SEE ORDER FOR DETAILS). (kca)
June 25, 2021 Opinion or Order Filing 446 NOTICE of Settlement as to Defendant Paschall Truck Lines, Inc. filed by Defendant Paschall Truck Lines, Inc.. (Riffer, Jeffrey)
June 24, 2021 Opinion or Order Filing 444 Text Only Entry: The court takes Plaintiffs MOTION to Compel Documents Withheld As Privileged #430 under submission. The hearing set for Tuesday, June 29, 2021 at 10:00 a.m. is OFF CALENDAR. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY
June 24, 2021 Opinion or Order Filing 443 Text Only Entry: The court takes Defendant Stevens Transport's MOTION to Compel Further Discovery Responses #428 under submission. The hearing set for Tuesday, June 29, 2021 at 10:00 a.m. is OFF CALENDAR. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca)
June 23, 2021 Opinion or Order Filing 445 ORDER CONCERNING DRIVER DATA SUPPLEMENTATION by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #441 , the Court hereby orders that within 14 days of the Court's decision on all summary judgment motions, the parties will meet and confer regarding the need to supplement Defendants' driver data. Within 21 days of the Court's decision on all summary judgment motions, the parties will submit a proposed timeline to the Court for data to be supplemented, and the exchange of any supplemental expert reports, if any. See document for further details. (gk)
June 22, 2021 Opinion or Order Filing 442 Notice of Withdrawal of Motion to Compel,,,, #427 filed by plaintiff Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Gore, Ian)
June 22, 2021 Opinion or Order Filing 441 STIPULATION for Discovery as to Driver Data Supplementation filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order)(Seltzer, Marc)
June 22, 2021 Opinion or Order Filing 440 Notice of Appearance or Withdrawal of Counsel: for attorney Jeffrey K Riffer counsel for Movant Paschall Truck Lines Inc. Filed by Defendant Paschall Truck Lines Inc.. (Riffer, Jeffrey)
June 16, 2021 Opinion or Order Filing 439 TEXT ONLY ENTRY: The parties are advised that the Court has updated its standing orders effective June 15, 2021 (i.e., Standing Order for Civil Cases Assigned to Judge Stanley Blumenfeld, Jr., Mandatory Scheduling Conference (MSC) Order, Order Re: Motions for Summary Judgment, Pretrial and Trial Order). These orders apply to all pending cases, except as follows: (1) the updated Order Re: Motions for Summary Judgment (MSJ) does not apply to any MSJ filed on or before July 27, 2021; and (2) the updated Pretrial and Trial Order does not apply to any case with a pretrial conference set on or before July 22, 2021. The parties are directed to read and comply with all these standing orders except as noted in the prior sentence. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY
June 15, 2021 Opinion or Order Filing 438 SUPPLEMENT to MOTION to Compel Further Discovery Responses #428 Supplemental Memorandum in Opposition to Stevens Transport, Inc.'s Motion to Compel Plaintiffs' Further Discovery Responses filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Thomas, Brandon)
June 15, 2021 Opinion or Order Filing 437 SUPPLEMENT to MOTION to Compel Documents Withheld As Privileged #430 Plaintiffs' Supplemental Memorandum in Support of Their Motion to Compel Documents Withheld as Privileged filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Gore, Ian)
June 15, 2021 Opinion or Order Filing 436 SUPPLEMENT to MOTION to Compel Data Supplementation #427 Plaintiffs' Supplemental Memorandum in Support of Their Motion to Compel Data Supplementation filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Gore, Ian)
June 15, 2021 Opinion or Order Filing 435 SUPPLEMENT to MOTION to Compel Further Discovery Responses #428 Supplemental Memorandum of Law in Support of Motion to Compel Further Discovery Responses filed by Defendant Stevens Transport Inc. (Petrossian, Emil)
June 15, 2021 Opinion or Order Filing 434 NOTICE OF MOTION AND MOTION to Withdraw MOTION to Compel Supplementation of Privilege Log #429 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 6/29/2021 at 10:00 AM before Magistrate Judge Sheri Pym. (Wasserman, Robert)
June 9, 2021 Opinion or Order Filing 433 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Joshua N. Drian to Appear Pro Hac Vice on behalf of Defendant Stevens Transport, Inc., designating Craig J. de Recat as local counsel #426 . (gk)
June 9, 2021 Opinion or Order Filing 432 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: NOTICE OF MOTION AND MOTION of Non-Resident Attorney Joshua N. Drian to Appear Pro Hac Vice on behalf of Defendant Stevens Transport Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31430178) #426 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Other error(s) with document(s): Incorrect event selected: Applications/Ex Parte Applications/Motions/Petitions/Requests.. Application.. Appear Pro Hac Vice. Note: Wrong event does not provide relief or changes sought. Noticed Motions require hearing dates. Applications for Admission do not require hearings. (lt)
June 8, 2021 Opinion or Order Filing 431 JOINT STIPULATION to MOTION to Compel Documents Withheld As Privileged #430 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Declaration of Brandon H. Thomas, #2 Exhibit 1 to Declaration of Brandon H. Thomas, #3 Exhibit 2 to Declaration of Brandon H. Thomas, #4 Exhibit 3 to Declaration of Brandon H. Thomas, #5 Exhibit 4 to Declaration of Brandon H. Thomas, #6 Exhibit 5 to Declaration of Brandon H. Thomas, #7 Declaration of Christopher S. Milligan In Opposition to Plaintiffs' Untimely and Delayed Motion to Compel, #8 Exhibit A, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F, #14 Exhibit G, #15 Exhibit H, #16 Exhibit I, #17 Exhibit J, #18 Exhibit K, #19 Proposed Order Granting Joint Stipulation Regarding Motion to Compel Documents Withheld As Privileged)(Nath, Rohit)
June 8, 2021 Opinion or Order Filing 430 NOTICE OF MOTION AND MOTION to Compel Documents Withheld As Privileged filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 6/29/2021 at 10:00 AM before Judge Stanley Blumenfeld Jr.. (Nath, Rohit)
June 8, 2021 Opinion or Order Filing 429 NOTICE OF MOTION AND MOTION to Compel Supplementation of Privilege Log filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 6/29/2021 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: #1 Joint Stipulation, #2 Declaration of Robert J. Wasserman, #3 Exhibit 1 to Wasserman Declaration, #4 Exhibit 2 to Wasserman Declaration, #5 Exhibit 3 to Wasserman Declaration, #6 Exhibit 4 to Wasserman Declaration, #7 Exhibit 5 to Wasserman Declaration, #8 Exhibit 6 to Wasserman Declaration, #9 Exhibit 7 to Wasserman Declaration, #10 Declaration of David Grossman, #11 Exhibit 1 to Grossman Declaration, #12 Proposed Order)(Wasserman, Robert)
June 8, 2021 Opinion or Order Filing 428 NOTICE OF MOTION AND MOTION to Compel Further Discovery Responses filed by Defendant Stevens Transport Inc. Motion set for hearing on 6/29/2021 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: #1 Joint Stipulation Regarding Stevens Transport, Inc.'s Motion to Compel, #2 Declaration of Emil Petrossian in Support, #3 Declaration of Brandon Thomas in Support, #4 Exhibit H to Thomas Declaration, #5 Exhibit I to Thomas Declaration, #6 Exhibit J to Thomas Declaration, #7 Exhibit K to Thomas Declaration, #8 Proposed Order)(de Recat, Craig)
June 8, 2021 Opinion or Order Filing 427 NOTICE OF MOTION AND MOTION to Compel Data Supplementation filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 6/29/2021 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: #1 Joint Stipulation re Plaintiffs' Motion to Compel, #2 Declaration of Ian Gore, #3 Exhibit 1 to Declaration of Ian Gore, #4 Exhibit 2 to Declaration of Ian Gore, #5 Declaration of Seth Goldstein, #6 Declaration of Jason Chrestionson, #7 Exhibit 1 to Declaration of Jason Chrestionson, #8 Exhibit 2 to Declaration of Jason Chrestionson, #9 Exhibit 3 to Declaration of Jason Chrestionson, #10 Exhibit 4 to Declaration of Jason Chrestionson, #11 Exhibit 5 to Declaration of Jason Chrestionson, #12 Exhibit 6 to Declaration of Jason Chrestionson, #13 Exhibit 7 to Declaration of Jason Chrestionson, #14 Exhibit 8 to Declaration of Jason Chrestionson, #15 Exhibit 9 to Declaration of Jason Chrestionson, #16 Exhibit 10 to Declaration of Jason Chrestionson, #17 Proposed Order)(Gore, Ian)
June 8, 2021 Opinion or Order Filing 426 NOTICE OF MOTION AND MOTION of Non-Resident Attorney Joshua N. Drian to Appear Pro Hac Vice on behalf of Defendant Stevens Transport Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31430178) filed by Defendant Stevens Transport Inc. (Attachments: #1 Proposed Order) (de Recat, Craig)
May 27, 2021 Opinion or Order Filing 425 Notice of Appearance or Withdrawal of Counsel: for attorney Lillian Ava Levy counsel for Defendant Stevens Transport Inc. Hilary Soloff is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Stevens Transport, Inc. (Levy, Lillian)
May 20, 2021 Opinion or Order Filing 424 NOTICE of Appearance filed by attorney Rohit D Nath on behalf of Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge (Attorney Rohit D Nath added to party Eric Clark(pty:pla), Attorney Rohit D Nath added to party Clois McClendon(pty:pla), Attorney Rohit D Nath added to party Curtis Markson(pty:pla), Attorney Rohit D Nath added to party Mark McGeorge(pty:pla))(Nath, Rohit)
May 18, 2021 Opinion or Order Filing 423 NOTICE of Appearance filed by attorney Lillian Ava Levy on behalf of Defendant Stevens Transport Inc (Attorney Lillian Ava Levy added to party Stevens Transport Inc(pty:dft))(Levy, Lillian)
May 14, 2021 Opinion or Order Filing 422 MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Granting in Part and Denying in Part Plaintiffs Motion to Compel, and Ordering Further Meet and Confer #411 (SEE ORDER FOR DETAILS). (kca)
May 11, 2021 Opinion or Order Filing 421 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/4/21 re Transcript #420 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY
May 11, 2021 Opinion or Order Filing 420 TRANSCRIPT for proceedings held on 5/4/21. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. 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 6/1/2021. Redacted Transcript Deadline set for 6/11/2021. Release of Transcript Restriction set for 8/9/2021. (jlo)
May 10, 2021 Opinion or Order Filing 419 TRANSCRIPT ORDER as to Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge for Court Smart (CS). Court will contact Paris Jimenez at pjimenez@susmangodfrey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Gore, Ian)
May 4, 2021 Opinion or Order Filing 418 MINUTES OF Motion Hearing held before Magistrate Judge Sheri Pym: The case was called and counsel made their appearances. The court heard argument from counsel. The court took the matter under submission. The court will issue a separate order detailing the courts ruling. Court Recorder: Zoom Recording. (kca)
April 26, 2021 Opinion or Order Filing 417 ORDER RE: BRIEFING FOR CLASS CERTIFICATION MOTIONS by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #416 , the Court orders that the Order Re: Motions for Class Certification #266 is vacated. Plaintiffs shall file a motion for certification of the Class and the California Subclass (First and Second Claims for Relief), and a separate motion for certification of the CRST DOT Physical and Drug Screening Test Subclass and the CRST Driver Subclass (Third through Seventh Claims for Relief) and serve expert reports concerning class certification issues by 8/27/2021. Defendants shall file a single, joint brief in opposition to any motion for certification of the Class and the California Subclass (First and Second Claims for Relief) and serve any responsive expert reports concerning class certification by 10/1/2021. CRST shall file a single brief in opposition to any motion for certification of the CRST DOT Physical and Drug Screening Test Subclass and the CRST Driver Subclass (Third through Seventh Claims for Relief) and serve any responsive expert reports concerning class certification by 10/1/2021. Plaintiffs' reply briefs and any rebuttal expert reports concerning class certification shall be filed by 10/29/2021. The hearing date for any motion for class certification shall be 11/19/2021. (gk)
April 23, 2021 Opinion or Order Filing 416 STIPULATION for Order Concerning Briefing for Class Certification filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order)(Seltzer, Marc)
April 20, 2021 Opinion or Order Filing 415 SUPPLEMENT to MOTION to Compel Discovery from Stevens Transport #411 Plaintiffs' Supplemental Memorandum in Support of Their Motion to Compel Discovery from Stevens Transport filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Gore, Ian)
April 15, 2021 Opinion or Order Filing 414 ORDER PERMITTING WITHDRAWAL OF ADMISSIONS #403 by Magistrate Judge Sheri Pym: IT IS THEREFORE ORDERED that Plaintiffs are permitted, pursuant to Federal Rule of Civil Procedure 36(b), to withdraw their admissions to requests for admission 1 and 2 in Southern Refrigerated Transport, Inc.'s First Set of Requests for Admission Directed to Plaintiffs. (es)
April 14, 2021 Opinion or Order Filing 413 MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Denying Defendants Motion to Compel Production of Plaintiffs Financial Records Without Prejudice #397 (SEE ORDER FOR DETAILS). (kca)
April 14, 2021 Opinion or Order Filing 412 Text Only Entry: The court takes Plaintiffs' Motion and Unopposed Motion to Withdraw Admissions #403 under submission. The hearing set for Tuesday, April 20, 2021 at 10:00 a.m. is OFF CALENDAR. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY
April 13, 2021 Opinion or Order Filing 411 NOTICE OF MOTION AND MOTION to Compel Discovery from Stevens Transport filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 5/4/2021 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: #1 Joint Stipulation re Plaintiffs' Motion to Compel, #2 Declaration of Ian Gore, #3 Exhibit 1 to Declaration of Ian Gore, #4 Exhibit 2 to Declaration of Ian Gore, #5 Exhibit 3 to Declaration of Ian Gore, #6 Exhibit 4 to Declaration of Ian Gore, #7 Exhibit 5 to Declaration of Ian Gore, #8 Exhibit 6 to Declaration of Ian Gore, #9 Exhibit 7 to Declaration of Ian Gore, #10 Exhibit 8 to Declaration of Ian Gore, #11 Exhibit 9 to Declaration of Ian Gore, #12 Exhibit 10 to Declaration of Ian Gore, #13 Exhibit 11 to Declaration of Ian Gore, #14 Exhibit 12 to Declaration of Ian Gore, #15 Exhibit 13 to Declaration of Ian Gore, #16 Exhibit 14 to Declaration of Ian Gore, #17 Exhibit 15 to Declaration of Ian Gore, #18 Exhibit 16 to Declaration of Ian Gore, #19 Exhibit 17 to Declaration of Ian Gore, #20 Exhibit 18 to Declaration of Ian Gore, #21 Exhibit 19 to Declaration of Ian Gore, #22 Exhibit 20 to Declaration of Ian Gore, #23 Exhibit 21 to Declaration of Ian Gore, #24 Exhibit 22 to Declaration of Ian Gore, #25 Exhibit 23 to Declaration of Ian Gore, #26 Exhibit 24 to Declaration of Ian Gore, #27 Exhibit 25 to Declaration of Ian Gore, #28 Exhibit 26 to Declaration of Ian Gore, #29 Exhibit 27 to Declaration of Ian Gore, #30 Exhibit 28 to Declaration of Ian Gore, #31 Exhibit 29 to Declaration of Ian Gore, #32 Exhibit 30 to Declaration of Ian Gore, #33 Exhibit 31 to Declaration of Ian Gore, #34 Exhibit 32 to Declaration of Ian Gore, #35 Exhibit 33 to Declaration of Ian Gore, #36 Exhibit 34 to Declaration of Ian Gore, #37 Declaration of David Drew, #38 Declaration of Emil Petrossian, #39 Declaration of Rachel Easley, #40 Proposed Order)(Gore, Ian)
April 8, 2021 Opinion or Order Filing 410 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Andre V. Keels to Appear Pro Hac Vice on behalf of Defendant Schneider National Carriers, Inc., designating Matthew C. Kane as local counsel #408 . (gk)
April 7, 2021 Opinion or Order Filing 409 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Andre V. Keels to Appear Pro Hac Vice on behalf of Defendant Schneider National Carriers Inc (Pro Hac Vice Fee - $500.00 Previously Paid on 4/2/2021, Receipt No. 31037970) #408 . The following error(s) was/were found: Case information is incorrect. Should be 5:17-CV-01261 SB (SPx). (lt)
April 7, 2021 Opinion or Order Filing 408 APPLICATION of Non-Resident Attorney Andre V. Keels to Appear Pro Hac Vice on behalf of Defendant Schneider National Carriers Inc (Pro Hac Vice Fee - $500.00 Previously Paid on 4/2/2021, Receipt No. 31037970) filed by Defendant Schneider National Carriers Inc. (Attachments: #1 Certificate of Standing, #2 Proposed Order) (Kane, Matthew)
April 5, 2021 Opinion or Order Filing 407 MINUTES - IN CHAMBERS by Judge Stanley Blumenfeld, Jr.: The Court strikes the APPLICATION of Non-Resident Attorney Andre V. Keels to Appear Pro Hae Vice on behalf of Defendant Schneider National Carriers filed by Defendant Schneider National Carriers Inc. #406 , without prejudice to refiling upon compliance with, "Local Rule 5-4.4.2 Submission of Word-Processing Versions of Proposed Orders. After a document requiring a judge's signature has been lodged in accordance with L.R. 5-4.4.1, a WordPerfect or Microsoft Word copy of the proposed document, along with a PDF copy of the electronically filed main document, shall be e-mailed to the assigned judge's generic chambers e-mail address using the CM/ECF System." Court Reporter: Not Present. (gk)
April 2, 2021 Opinion or Order Filing 406 [DOCUMENT STRICKEN PER CIVIL MINUTES OF 4/5/2021, SEE DOCKET NO. 407] APPLICATION of Non-Resident Attorney Andre V. Keels to Appear Pro Hac Vice on behalf of Defendant Schneider National Carriers Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31037970) filed by Defendant Schneider National Carriers Inc. (Attachments: #1 Certificate of Standing, #2 Proposed Order) (Kane, Matthew) Modified on 4/6/2021 (gk).
April 2, 2021 Opinion or Order Filing 405 Text Only Entry: The court takes Defendants' MOTION to Compel Production of Plaintiffs' Financial Records #397 under submission. The hearing set for April 6, 2021 at 10:00 a.m. is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY
March 23, 2021 Opinion or Order Filing 404 SUPPLEMENT to Joint MOTION to Compel Production of Plaintiffs' Financial Records #397 Supplemental Memorandum in Opposition to Motion to Compel Production of Plaintiffs' Financial Records filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Thomas, Brandon)
March 23, 2021 Opinion or Order Filing 403 NOTICE OF MOTION AND MOTION to Withdraw Admissions Pursuant to Federal Rule of Civil Procedure 36(b) filed by Plaintiffs' Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 4/20/2021 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: #1 Memorandum of Law In Support of Unopposed Motion to Withdraw Admissions, #2 Declaration of Ian Gore, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proposed Order) (Seltzer, Marc)
March 23, 2021 Opinion or Order Filing 402 MEMORANDUM in Support of Joint MOTION to Compel Production of Plaintiffs' Financial Records #397 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Andrewscavage, Charles)
March 17, 2021 Opinion or Order Filing 401 ANSWER to Amended Complaint/Petition, #228 DEFENDANT WESTERN EXPRESS, INC.S AMENDED ANSWER AND AFFIRMATIVE DEFENSES TO FOURTH AMENDED CLASS ACTION COMPLAINT filed by Defendant Western Express, Inc..(Milligan, Christopher)
March 17, 2021 Opinion or Order Filing 400 AMENDED ANSWER STEVENS TRANSPORT, INC.'S AMENDED ANSWER TO PLAINTIFFS' FOURTH AMENDED COMPLAINT; DEMAND FOR JURY TRIAL to Amended Complaint/Petition, #228 filed by Defendant Stevens Transport Inc. (de Recat, Craig)
March 15, 2021 Opinion or Order Filing 399 NOTICE OF ERRATA filed by Defendants CRST Expedited, Inc., CRST International, Inc.. correcting Joint MOTION to Compel Production of Plaintiffs' Financial Records #397 (Attachments: #1 Exhibit Amended Exhibit 1 to the Parties' Joint Stipulation Regarding the CRST Defendants' Motion to Compel Plaintiffs' Financial Records (ECF No. 397-1))(Hanson, James)
March 11, 2021 Opinion or Order Filing 398 Text Only Entry: Defendants' MOTION to Compel Production of Plaintiffs' Financial Records #397 is re-set from March 23, 2021 to Tuesday, April 6, 2021 at 10:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY
March 10, 2021 Opinion or Order Filing 397 NOTICE OF MOTION AND Joint MOTION to Compel Production of Plaintiffs' Financial Records filed by Defendant CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 3/23/2021 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: #1 Memorandum Joint Stipulation Regarding CRST Defendants' Motion to Compel Production of Plaintiffs' Financial Records, #2 Declaration Declaration of Charles Andrewscavage, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7, #10 Exhibit Exhibit 8, #11 Exhibit Exhibit 9, #12 Exhibit Exhibit 10, #13 Exhibit Exhibit 11, #14 Exhibit Exhibit 12, #15 Exhibit Exhibit 13, #16 Exhibit Exhibit 14, #17 Declaration Declaration of Brandon Hallett Thomas, #18 Exhibit Exhibit 15, #19 Exhibit Exhibit 16)(Andrewscavage, Charles)
March 9, 2021 Opinion or Order Filing 396 Amended NOTICE of Interested Parties filed by Defendants CRST Expedited, Inc., CRST International, Inc., identifying CRST The Transportation Solution, CRST International Holdings, LLC, Hillcrest Holdings, Inc.. (Hanson, James)
March 2, 2021 Opinion or Order Filing 395 Notice of Appearance or Withdrawal of Counsel: for attorney Brandon Hallett Thomas counsel for Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Adding Brandon Thomas as counsel of record for Curtis Markson, Mark McGeorge, Clois McClendon, Eric Clark for the reason indicated in the G-123 Notice. Filed by Plaintiffs Curtis Markson, Mark McGeorge, Clois McClendon, Eric Clark. (Attorney Brandon Hallett Thomas added to party Eric Clark(pty:pla), Attorney Brandon Hallett Thomas added to party Clois McClendon(pty:pla), Attorney Brandon Hallett Thomas added to party Curtis Markson(pty:pla), Attorney Brandon Hallett Thomas added to party Mark McGeorge(pty:pla))(Thomas, Brandon)
March 1, 2021 Opinion or Order Filing 394 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher S Milligan counsel for Defendant Western Express, Inc.. Adding Chris S. Milligan as counsel of record for Western Express, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Western Express, Inc.. (Attorney Christopher S Milligan added to party Western Express, Inc.(pty:dft))(Milligan, Christopher)
March 1, 2021 Opinion or Order Filing 393 Notice of Appearance or Withdrawal of Counsel: for attorney Jeff T Olsen counsel for Defendant Western Express, Inc.. Jeff T. Olsen is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Western Express, Inc.. (Olsen, Jeff)
February 25, 2021 Opinion or Order Filing 392 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Jared S. Kramer to Appear Pro Hac Vice on behalf of Defendants CRST International, Inc. and CRST Expedited, Inc., designating Christopher C. McNatt, Jr. as local counsel #380 . (gk)
February 25, 2021 Opinion or Order Filing 391 ANSWER to Amended Complaint/Petition, #228 filed by Defendant Covenant Transport, Inc..(Merrick, Christopher)
February 25, 2021 Opinion or Order Filing 390 ANSWER to Amended Complaint/Petition, #228 filed by Defendant Southern Refrigerated Transport, Inc..(Merrick, Christopher)
February 24, 2021 Opinion or Order Filing 389 ANSWER to Amended Complaint/Petition, #228 with JURY DEMAND filed by Defendant Paschall Truck Lines Inc.(Riffer, Jeffrey)
February 24, 2021 Opinion or Order Filing 388 ANSWER to Amended Complaint/Petition, #228 filed by Defendant CRST Expedited, Inc., CRST International, Inc..(Andrewscavage, Charles)
February 24, 2021 Opinion or Order Filing 387 ANSWER to Amended Complaint/Petition, #228 filed by Defendant Western Express, Inc..(Marca, Richard)
February 24, 2021 Opinion or Order Filing 386 ANSWER to Amended Complaint/Petition, #228 with JURY DEMAND Answer to Fourth Amended Complaint filed by Defendant Stevens Transport Inc.(Petrossian, Emil)
February 24, 2021 Opinion or Order Filing 385 ANSWER to Amended Complaint/Petition, #228 with JURY DEMAND filed by Defendant C.R. England, Inc..(Goldstein, Seth)
February 24, 2021 Opinion or Order Filing 384 ANSWER to Amended Complaint/Petition, #228 Fourth Amended Complaint filed by Defendant Schneider National Carriers Inc.(Giles, Nicholas)
February 16, 2021 Opinion or Order Filing 383 Notice of Appearance or Withdrawal of Counsel: for attorney Emil Petrossian counsel for Defendant Stevens Transport Inc. Adding Emil Petrossian as counsel of record for STEVENS TRANSPORT, INC. for the reason indicated in the G-123 Notice. Filed by Defendant STEVENS TRANSPORT, INC.. (Attorney Emil Petrossian added to party Stevens Transport Inc(pty:dft))(Petrossian, Emil)
February 11, 2021 Opinion or Order Filing 380 APPLICATION of Non-Resident Attorney Jared S. Kramer to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., CRST International, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30501614) filed by Defendant CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Proposed Order) (McNatt, Christopher)
February 10, 2021 Opinion or Order Filing 382 MINUTE ORDER DENYING MOTION FOR APPOINTMENT OF INTERIM CLASS COUNSEL #222 by Judge Stanley Blumenfeld, Jr. See document for details. Court Reporter: N/A. (gk)
February 10, 2021 Opinion or Order Filing 381 MINUTE ORDER ON DEFENDANTS' MOTIONS TO DISMISS by Judge Stanley Blumenfeld, Jr.: The instant motions to dismiss filed by: (1) CRST, CRE, Western, and Schneider (Dkt. No. #272 , Original Defendants Motion); (2) Stevens (Dkt. No. #276 , Stevens Motion); (3) SRT and Covenant (Dkt. No. #278 , Covenant Defendants Motion); and (4) Paschall (Dkt. No. #281 , Paschall Motion) seeks to dismiss Plaintiffs' antitrust claims. The Court DENIES the four motions to dismiss. See document for further details. Court Reporter: N/A. (gk)
February 10, 2021 Opinion or Order Filing 379 ORDER by Judge Stanley Blumenfeld, Jr. granting #378 Non-Resident Attorney Jasmine K Gardner APPLICATION to Appear Pro Hac Vice on behalf of Defendant Schneider National Carriers, Inc., designating Matthew C Kane as local counsel. (bm)
February 5, 2021 Opinion or Order Filing 378 APPLICATION of Non-Resident Attorney Jasmine K. Gardner to Appear Pro Hac Vice on behalf of Defendant Schneider National Carriers Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30421455) filed by Defendant Schneider National Carriers Inc. (Attachments: #1 Proposed Order) (Kane, Matthew)
December 30, 2020 Opinion or Order Filing 377 Notice of Appearance or Withdrawal of Counsel: for attorney Mario R Cardona counsel for Defendant Stevens Transport Inc. Mario R. Cardona is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Stevens Transport, Inc.. (Cardona, Mario)
December 17, 2020 Opinion or Order Filing 376 ORDER CONCERNING THE PROTOCOL FOR CONDUCTING REMOTE DEPOSITIONS by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca)
December 9, 2020 Opinion or Order Filing 374 ORDER by Judge Stanley Blumenfeld, Jr: granting #365 , #369 Non-Resident Attorney Kali M. Yallourakis APPLICATION to Appear Pro Hac Vice on behalf of Defendant Schneider National, Inc., designating Matthew Charles Kane as local counsel. (et)
December 8, 2020 Opinion or Order Filing 375 MINUTE ORDER [In Chambers] by Judge Stanley Blumenfeld, Jr. The parties should not expect any further extension of the deadlines below. See minute order for new dates / deadlines. (lom)
December 8, 2020 Opinion or Order Filing 373 Notice of Withdrawal of Motion for Review,,,, #356 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Hanson, James)
December 8, 2020 Opinion or Order Filing 372 Joint STIPULATION for Order Concerning the Protocol for Conducting Remote Depositions filed by Defendant Schneider National Carriers Inc. (Attachments: #1 Proposed Order)(Giles, Nicholas)
December 7, 2020 Opinion or Order Filing 371 MINUTES (IN CHAMBERS) by Judge Stanley Blumenfeld, Jr.: Four motions to dismiss were taken under submission on 8/21/2020 by the Honorable Fernando M. Olguin, the previously assigned judge in this case. These remain pending decision. The "New Defendants" (Paschall Trucking Lines, Inc., Covenant Transport, Inc., and Stevens Transport, Inc.) filed a request to modify the case management order ("CMO") #354 . To avoid further delay, the Court grants a modified four-month continuance as set forth below. The Court declines to impose specific production deadlines or otherwise micromanage discovery. Non-Expert Discovery cut-off 7/2/2021. Settlement Conference Deadline 7/2/2021. Post-Settlement Status Conference set for 7/9/2021 08:30 AM before Judge Stanley Blumenfeld Jr. Status Report due by 7/6/2021. Class Certification Motion 10/15/2021. Motion for Summary Judgment (Filing Deadline) 45 days after the Court's ruling on the Class Certification Motion. See document for further details. Court Reporter: N/A. (gk)
December 7, 2020 Opinion or Order Filing 370 MINUTE ORDER ON MOTION TO STAY BY THE ORIGINAL DEFENDANTS (OTHER THAN SRT) by Judge Stanley Blumenfeld, Jr.: The motion to stay #344 is DENIED. See document for specifics. Court Reporter: N/A. (gk)
December 4, 2020 Opinion or Order Filing 369 Amended APPLICATION of Non-Resident Attorney Kali M. Yallourakis to Appear Pro Hac Vice on behalf of Defendant Schneider National Carriers Inc (Pro Hac Vice Fee - $500 Previously Paid on 12/2/2020, Receipt No. ACACDC-29309896) filed by Defendant Schneider National Carriers Inc. (Attachments: #1 Proposed Order) (Kane, Matthew)
December 4, 2020 Opinion or Order Filing 368 NOTICE OF MOTION AND MOTION to Withdraw APPLICATION of Non-Resident Attorney Kali M. Yallourakis to Appear Pro Hac Vice on behalf of Defendant Schneider National, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29309896) #365 filed by Defendant Schneider National Carriers Inc. (Attachments: #1 Proposed Order) (Kane, Matthew)
December 3, 2020 Opinion or Order Filing 367 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. The Court finds that the REQUEST to Reschedule Certain Deadlines in Case Management Order filed by Defendants Covenant Transport, Inc., Paschall Truck Lines Inc, Southern Refrigerated Transport, Inc., Stevens Transport Inc. (Dkt. No. 354 ) presently scheduled for hearing on December 4, 2020, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
December 2, 2020 Opinion or Order Filing 366 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Kali M. Yallourakis to Appear Pro Hac Vice on behalf of Defendant Schneider National, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29309896) #365 . The following error(s) was/were found: Schneider National, Inc. was terminated on 6/27/2019. (Thrasher, Lupe)
December 2, 2020 Opinion or Order Filing 365 APPLICATION of Non-Resident Attorney Kali M. Yallourakis to Appear Pro Hac Vice on behalf of Defendant Schneider National, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29309896) filed by Defendant Schneider National, Inc.. (Attachments: #1 Proposed Order) (Kane, Matthew)
December 2, 2020 Opinion or Order Filing 364 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. The Court finds that the MOTION to Stay Case pending Resolution of Motion to Dismiss filed by Defendant Schneider National Carriers Inc (Dkt. No. 344 )presently scheduled for hearing on December 4, 2020, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
December 1, 2020 Opinion or Order Filing 363 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr re: Corrected NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Motion to Dismiss #344 . The Court reschedules the time of the hearing on said Motion set for 12/4/2020 from 8:30 AM to 10:30 AM to be heard remotely before Judge Stanley Blumenfeld Jr. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
November 20, 2020 Opinion or Order Filing 362 REPLY In Support Of Corrected NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Motion to Dismiss #344 Original Defendants' Reply in Support filed by Defendant Schneider National Carriers Inc. (Chrestionson, Jason)
November 13, 2020 Opinion or Order Filing 361 MEMORANDUM in Opposition to Corrected NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Motion to Dismiss #344 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order)(Kauble Pachman, Krysta)
November 13, 2020 Opinion or Order Filing 360 NOTICE OF NON-OPPOSITION to REQUEST to Reschedule Certain Deadlines in Case Management Order #354 ORIGINAL DEFENDANTS STATEMENT OF NON-OPPOSITION filed by Defendant Schneider National Carriers Inc. (Chrestionson, Jason)
November 13, 2020 Opinion or Order Filing 359 RESPONSE IN SUPPORT of REQUEST to Reschedule Certain Deadlines in Case Management Order #354 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Declaration of Ian M. Gore, #2 Exhibit A - James Dick Email 2020-02-13, #3 Exhibit B - 2020-02-18 LR 37-1 Ltr, #4 Exhibit C - Chris Merrick Email 2020-07-16, #5 Exhibit D - Judy Woods Email 2020-10-28, #6 Exhibit E - 2020-01-06 LR 37-1 Ltr, #7 Exhibit F - Ian Gore Email 2020-08-10, #8 Exhibit G - Covenant Rule 26(a) Disclosures, #9 Exhibit H - Covenant Rule 37-1 Ltr re Initial Disclosures, #10 Exhibit I - Kate Trinkle Email 2020-11-04, #11 Exhibit J - Chris Merrick Email 2020-11-05, #12 Proposed Order)(Seltzer, Marc)
November 13, 2020 Opinion or Order Filing 358 RESPONSE IN SUPPORT of Corrected NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Motion to Dismiss #344 filed by Movant Paschall Truck Lines Inc. (Riffer, Jeffrey)
November 12, 2020 Opinion or Order Filing 357 NOTICE OF ERRATA filed by Defendants CRST Expedited, Inc., CRST International, Inc.. correcting NOTICE OF MOTION AND MOTION for Review of Magistrate Judge Pym's Order Denying Defendants' Ex Parte Application for Protective Order re Order on Ex Parte Application for Protective Order, #353 #356 (Hanson, James)
November 11, 2020 Opinion or Order Filing 356 WITHDRAWN, see docket entry no 373 - NOTICE OF MOTION AND MOTION for Review of Magistrate Judge Pym's Order Denying Defendants' Ex Parte Application for Protective Order re Order on Ex Parte Application for Protective Order, #353 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 1/8/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum of Points and Authorities in Support of CRST Defendants' Motion for Review and Reconsideration of Magistrate Judge Pym's Order Denying Ex Parte Application for Protective Order, #2 Exhibit A-10.15.2008 Email, #3 Exhibit B-10.27.2020 Email, #4 Exhibit C-10.28.2020 Email Chain, #5 Exhibit D-10.29.2020 Email Chain, #6 Exhibit E-Notice of Deposition of Valerie Hogue, #7 Exhibit F-Notice of Deposition of Samantha Meltesen, #8 Exhibit G-Notice of Deposition of Debbie Roark, #9 Exhibit H-Notice of Deposition of Kim Carter, #10 Exhibit I-Notice of Deposition of Kelly Welsh, #11 Exhibit J-11.05.2020 Email, #12 Exhibit K-11.05.2020 Email Chain, #13 Exhibit L-Amended Notice of Deposition of Samantha Meltesen, #14 Proposed Order) (Hanson, James) Modified on 12/11/2020 (lom).
November 10, 2020 Opinion or Order Filing 355 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Reschedule Certain Deadlines in Case Management Order #354 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. The filer noticed this motion for hearing on 12/4/2020 at 8:30 AM, however, did not set the matter on calendar. That hearing date is no longer available on Judge Blumenfeld's calendar. Judge Blumenfeld hears civil motions on Fridays at 8:30 AM. Currently 12/11/2020, 12/18/2020 and 12/25/2020 are closed. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk)
November 6, 2020 Opinion or Order Filing 354 REQUEST to Reschedule Certain Deadlines in Case Management Order filed by Defendants Covenant Transport, Inc., Paschall Truck Lines Inc, Southern Refrigerated Transport, Inc., Stevens Transport Inc. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Jeffrey K. Riffer ISO, #3 Exhibit A, #4 Declaration B, #5 Proposed Order) (Attorney Jeffrey K Riffer added to party Covenant Transport, Inc.(pty:dft), Attorney Jeffrey K Riffer added to party Southern Refrigerated Transport, Inc.(pty:dft), Attorney Jeffrey K Riffer added to party Stevens Transport Inc(pty:dft)) (Riffer, Jeffrey)
November 6, 2020 Opinion or Order Filing 352 DECLARATION of James H. Hanson in support of EX PARTE APPLICATION for Protective Order for Delaying Depositions #350 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Hanson, James)
November 5, 2020 Opinion or Order Filing 353 MINUTES (IN CHAMBERS) Order Denying CRST Defendants' Ex Parte Application for Protective Order Delaying Depositions #350 by Magistrate Judge Sheri Pym: For the foregoing reasons, defendants' ex parte application for a protective order delaying depositions (docket no. 350) is DENIED. (See document for details.) (es)
November 4, 2020 Opinion or Order Filing 351 OPPOSITION to EX PARTE APPLICATION for Protective Order for Delaying Depositions #350 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Declaration of Krysta Kauble Pachman In Support of Plaintiffs' Opposition To CRST Defendant's Ex Parte Application For Protective Order Delaying Depositions, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Kauble Pachman, Krysta)
November 3, 2020 Opinion or Order Filing 350 EX PARTE APPLICATION for Protective Order for Delaying Depositions filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Declaration of James H. Hanson in Support of Ex Parte Application, #2 Memorandum of Points and Authorities in Support of Defendants Ex Parte Application for Protective Order Staying Depositions, #3 Proposed Order)(Hanson, James)
November 2, 2020 Opinion or Order Filing 349 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Motion to Stay Case #343 by Judge Stanley Blumenfeld, Jr. The document is stricken. Motion (Dkt. No. 344) was properly refiled 10/27/2020. (iv)
October 27, 2020 Opinion or Order Filing 348 MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Granting in Part Plaintiffs Motions to Compel,and Ordering Further Meet and Confer #313 , #314 , 319] (SEE ORDER FOR DETAILS). (kca)
October 27, 2020 Opinion or Order Filing 347 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Stay Case #343 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): The court notes that a corrected motion was re-filed on 10/27/20, document #344 . In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
October 27, 2020 Opinion or Order Filing 344 Corrected NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Motion to Dismiss filed by Defendant Schneider National Carriers Inc. Motion set for hearing on 12/4/2020 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum, #2 Declaration of Nicholas Giles, #3 Exhibit A, #4 Exhibit B) (Giles, Nicholas)
October 26, 2020 Opinion or Order Filing 346 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/13/2020 re Transcript #345 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ls) TEXT ONLY ENTRY
October 26, 2020 Opinion or Order Filing 345 TRANSCRIPT for proceedings held on 10/13/2020. Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the 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 11/16/2020. Redacted Transcript Deadline set for 11/27/2020. Release of Transcript Restriction set for 1/25/2021. (ls)
October 26, 2020 Opinion or Order Filing 343 **STRICKEN** NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Motion to Dismiss filed by Defendant Schneider National, Inc.. Motion set for hearing on 11/20/2020 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum, #2 Declaration of Nicholas Giles, #3 Exhibit A, #4 Exhibit B) (Giles, Nicholas) Modified on 11/2/2020 Per Response #349 (iv).
October 20, 2020 Opinion or Order Filing 342 MINUTES OF Telephone Conference held before Magistrate Judge Sheri Pym: (SEE ORDER FOR DETAILS). Court Recorder: Digital Recorder. (kca)
October 16, 2020 Opinion or Order Filing 341 MINUTE ORDER DENYING COVENANT DEFENDANTS' MOTION TO MODIFY THE CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr. re: Joint NOTICE OF MOTION AND MOTION to Amend Order #310 : The Court finds the Covenant Defendants have failed to show good cause or exceptional circumstances that warrant a modification of the CMO. The Covenant Defendants' motion is DENIED. (see document for further details) (bm)
October 13, 2020 Opinion or Order Filing 340 MINUTES OF Motion Hearing held before Magistrate Judge Sheri Pym(SEE ORDER FOR DETAILS). Court Recorder: Video Recorder. (kca)
October 13, 2020 Opinion or Order Filing 339 TRANSCRIPT ORDER as to plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge for Court Smart (CS). Court will contact Tammie DeNio at tdenio@susmangodfrey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Berry, Matthew)
October 13, 2020 Opinion or Order Filing 338 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr: The Court finds that the MOTION to Amend Order filed by defendants Covenant Transport, Inc., Southern Refrigerated Transport, Inc. (Dkt. No. 310) presently scheduled for hearing on October 16, 2020, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
October 7, 2020 Opinion or Order Filing 337 PROOF OF SERVICE filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge, re Sealed Document, #336 served on October 7, 2020. (Gore, Ian)
October 7, 2020 Opinion or Order Filing 336 SEALED DOCUMENT (Declaration of Ian M. Gore and Exhibits 6 and 7) re MEMORANDUM in Opposition to Motion,, #315 , Order on Motion for Leave to File Document Under Seal,, #335 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Exhibit 6, #2 Exhibit 7)(Gore, Ian)
October 6, 2020 Opinion or Order Filing 335 ORDER RE PLAINTIFFS' APPLICATION UNDER LOCAL RULE 79-5 TO FILE DOCUMENTS UNDER SEAL by Judge Stanley Blumenfeld, Jr.: The Court GRANTS Plaintiffs' Application Under Local Rule 79-5 to File Documents Under Seal #316 . The following documents are to be filed under seal:(1) The sealed Declaration of Ian M. Gore in Support of Plaintiffs' Application to File Documents Under Seal; and (2) The unredacted sealed versions of Exhibits 6 and 7 to the Declaration of Ian M. Gore in Support of Plaintiffs' Memorandum in Opposition to Covenant Defendants' Joint Motion to Modify the Case Management Order. (gk)
October 6, 2020 Opinion or Order Filing 334 The Court, on its own motion, CONTINUES THE JOINT AND MOTION to Amend Order #310 previously scheduled for 10/08/2020 to 10/16/2020 at 10:00 AM before Judge Stanley Blumenfeld Jr.. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
October 6, 2020 Opinion or Order Filing 333 Text Only Entry: The MOTION to Compel Discovery regarding C.R. England's Driver Files #319 will be heard at 10:30 a.m. on Tuesday, October 13, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY
October 2, 2020 Opinion or Order Filing 332 PROOF OF SERVICE filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge, re Sealed Document, #331 served on October 2, 2020. (Gore, Ian)
October 2, 2020 Opinion or Order Filing 331 SEALED DOCUMENT (Declaration of Ian M. Gore and Exh 11) re MOTION to Compel Discovery regarding C.R. England's Driver Files #319 , Order on Motion for Leave to File Document Under Seal,, #330 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Exhibit 11)(Gore, Ian)
October 2, 2020 Opinion or Order Filing 330 ORDER RE PLAINTIFFS' APPLICATION UNDER LOCAL RULE 79-5 TO FILE DOCUMENTS UNDER SEAL #320 by Magistrate Judge Sheri Pym: IT IS HEREBY ORDERED that the following documents are to be filed under seal: 1. The sealed Declaration of Ian M. Gore in Support of Plaintiffs' Application to File Documents Under Seal; and 2. The unredacted sealed versions of Exhibit 11 to the Declaration of Ian M. Gore in support of Plaintiffs' Motion to Compel Discovery Regarding C.R. England's Driver Files. (es)
October 1, 2020 Opinion or Order Filing 329 DECLARATION of Wayne Cederholm in support APPLICATION to file document Exhibit 11 to the Declaration of Ian Gore in Support of Plaintiffs' Motion to Compel Discovery regarding C.R. England's Driver Files under seal #320 filed by Defendant C.R. England, Inc.. (Goldstein, Seth)
October 1, 2020 Opinion or Order Filing 328 Text Only Entry: THE FOLLOWING MOTIONS ARE CONTINUED FROM OCTOBER 6, 2020 to TUESDAY, OCTOBER 13, 2020 at 10:30 a.m. MOTION to Compel Discovery regarding Schneider's Driver Files #314 , MOTION to Compel Discovery regarding Western Express's Driver Files #313 , THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY
September 29, 2020 Opinion or Order Filing 327 SUPPLEMENT to MOTION to Compel Discovery regarding C.R. England's Driver Files #319 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Gore, Ian)
September 29, 2020 Opinion or Order Filing 326 ORDER OF THE CHIEF JUDGE (#20-140) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Stanley Blumenfeld, Jr., this case is transferred from Judge Fernando M. Olguin to the calendar of Judge Stanley Blumenfeld, Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:17-cv-01261 SB(SPx). (rn)
September 29, 2020 Opinion or Order Filing 325 MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: Order Directing Defendant C.R. England to Address Sealing Application (SEE ORDER FOR DETAILS). (kca)
September 24, 2020 Opinion or Order Filing 324 REPLY in support of Joint NOTICE OF MOTION AND MOTION to Amend Order #264 #310 filed by Defendants Covenant Transport, Inc., Southern Refrigerated Transport, Inc.. (Merrick, Christopher)
September 22, 2020 Opinion or Order Filing 323 SUPPLEMENT to MOTION to Compel Discovery regarding Schneider's Driver Files #314 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Gore, Ian)
September 22, 2020 Opinion or Order Filing 322 SUPPLEMENT to MOTION to Compel Discovery regarding Western Express's Driver Files #313 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Exhibit 1)(Gore, Ian)
September 22, 2020 Opinion or Order Filing 321 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit 11 to the Declaration of Ian Gore in Support of Plaintiffs' Motion to Compel Discovery regarding C.R. England's Driver Files under seal #320 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Unredacted Document)(Gore, Ian)
September 22, 2020 Opinion or Order Filing 320 APPLICATION to file document Exhibit 11 to the Declaration of Ian Gore in Support of Plaintiffs' Motion to Compel Discovery regarding C.R. England's Driver Files under seal filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Redacted Document, #2 Proposed Order)(Gore, Ian)
September 22, 2020 Opinion or Order Filing 319 NOTICE OF MOTION AND MOTION to Compel Discovery regarding C.R. England's Driver Files filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 10/13/2020 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: #1 Joint Stipulation re Plaintiffs' Motion to Compel, #2 Declaration of Ian Gore, #3 Exhibit 1 to Declaration of Ian Gore, #4 Exhibit 2 to Declaration of Ian Gore, #5 Exhibit 3 to Declaration of Ian Gore, #6 Exhibit 4 to Declaration of Ian Gore, #7 Exhibit 5 to Declaration of Ian Gore, #8 Exhibit 6 to Declaration of Ian Gore, #9 Exhibit 7 to Declaration of Ian Gore, #10 Exhibit 8 to Declaration of Ian Gore, #11 Exhibit 9 to Declaration of Ian Gore, #12 Exhibit 10 to Declaration of Ian Gore, #13 Exhibit 12 to Declaration of Ian Gore, #14 Declaration of Jessica Greenwald, #15 Proposed Order)(Seltzer, Marc)
September 21, 2020 Opinion or Order Filing 318 DECLARATION of Timothy Frey in support of APPLICATION to file document Exhibit 6 and 7 to the Declaration of Ian Gore in Support of Plaintiffs' Memo in Opposition to Covenant Defendant's Joint Motion to Modify (dkt 310) under seal #316 filed by Defendant Southern Refrigerated Transport, Inc.. (Merrick, Christopher)
September 17, 2020 Opinion or Order Filing 317 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit 6 and 7 to the Declaration of Ian Gore in Support of Plaintiffs' Memo in Opposition to Covenant Defendant's Joint Motion to Modify (dkt 310) under seal #316 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Unredacted Document, #2 Unredacted Document)(Seltzer, Marc)
September 17, 2020 Opinion or Order Filing 316 APPLICATION to file document Exhibit 6 and 7 to the Declaration of Ian Gore in Support of Plaintiffs' Memo in Opposition to Covenant Defendant's Joint Motion to Modify (dkt 310) under seal filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order, #2 Redacted Document, #3 Redacted Document)(Seltzer, Marc)
September 17, 2020 Opinion or Order Filing 315 MEMORANDUM in Opposition to Joint NOTICE OF MOTION AND MOTION to Amend Order #264 #310 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Declaration of Ian Gore, #2 Exhibit 1 to Declaration of Ian Gore, #3 Exhibit 2 to Declaration of Ian Gore, #4 Exhibit 3 to Declaration of Ian Gore, #5 Exhibit 4 to Declaration of Ian Gore, #6 Exhibit 5 to Declaration of Ian Gore, #7 Exhibit 8 to Declaration of Ian Gore, #8 Declaration of Eric Clark)(Seltzer, Marc)
September 15, 2020 Opinion or Order Filing 314 NOTICE OF MOTION AND MOTION to Compel Discovery regarding Schneider's Driver Files filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 10/6/2020 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: #1 Joint Stipulation re Plaintiffs' Motion to Compel, #2 Declaration of Ian Gore, #3 Exhibit 1 to Declaration of Ian Gore, #4 Exhibit 2 to Declaration of Ian Gore, #5 Exhibit 3 to Declaration of Ian Gore, #6 Exhibit 4 to Declaration of Ian Gore, #7 Exhibit 5 to Declaration of Ian Gore, #8 Exhibit 6 to Declaration of Ian Gore, #9 Exhibit 7 to Declaration of Ian Gore, #10 Exhibit 8 to Declaration of Ian Gore, #11 Exhibit 9 to Declaration of Ian Gore, #12 Exhibit 10 to Declaration of Ian Gore, #13 Declaration of Nicholas Giles, #14 Exhibit A to Declaration of Nicholas Giles, #15 Declaration of Lori Collar, #16 Declaration Michael Thompson, #17 Proposed Order)(Gore, Ian)
September 15, 2020 Opinion or Order Filing 313 NOTICE OF MOTION AND MOTION to Compel Discovery regarding Western Express's Driver Files filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 10/6/2020 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: #1 Joint Stipulation re Plaintifs' Motion to Compel, #2 Declaration of Ian Gore, #3 Exhibit 1 to Declaration of Ian Gore, #4 Exhibit 2 to Declaration of Ian Gore, #5 Exhibit 3 to Declaration of Ian Gore, #6 Exhibit 4 to Declaration of Ian Gore, #7 Exhibit 5 to Declaration of Ian Gore, #8 Exhibit 6 to Declaration of Ian Gore, #9 Exhibit 7 to Declaration of Ian Gore, #10 Exhibit 8 to Declaration of Ian Gore, #11 Exhibit 9 to Declaration of Ian Gore, #12 Exhibit 10 to Declaration of Ian Gore, #13 Declaration of Clarence Easterday, #14 Declaration of Jeff Olsen, #15 Proposed Order)(Gore, Ian)
September 14, 2020 Opinion or Order Filing 312 REPLY SUR-REPLY IN OPPOSITION TO NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Antitrust Claims in Fourth Amended Complaint #276 , NOTICE OF MOTION AND MOTION to Dismiss Fourth Amended Complaint as to All Claims against Paschall Truck Lines #281 , Joint NOTICE OF MOTION AND MOTION to Dismiss the Antitrust Claims Asserted Against the Covenant Defendants by All Plaintiffs #278 PLAINTIFFS SUR-REPLY TO PASCHALL TRUCK LINES, INC., COVENANT TRANSPORT, INC., SOUTHERN REFRIGERATED TRANSPORT, INC., AND STEVENS TRANSPORT, INC.S MOTIONS TO DISMISS THE ANTITRUST CLAIMS IN THE FOURTH AMENDED COMPLAINT filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
September 11, 2020 Opinion or Order Filing 311 ORDER GRANTING MOTION FOR LEAVE TO FILE PLAINTIFFS' SUR-REPLY TO PASCHALL TRUCK LINES, INC., COVENANT TRANSPORT, INC., SOUTHERN REFRIGERATED TRANSPORT, INC., AND STEVENS TRANSPORT, INC.'S MOTIONS TO DISMISS THE ANTITRUST CLAIMS IN THE FOURTH AMENDED COMPLAINT #308 by Judge Fernando M. Olguin. Plaintiffs shall file their Sur-Reply on or before September 14, 2020. (iv)
September 8, 2020 Opinion or Order Filing 310 Joint NOTICE OF MOTION AND MOTION to Amend Order #264 filed by defendants Covenant Transport, Inc., Southern Refrigerated Transport, Inc.. Motion set for hearing on 10/8/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum, #2 Declaration of Timothy L. Frey, #3 Exhibit A - Email Communications Regarding Evidentiary Support, #4 Exhibit B - Plaintiffs Answers to Interrogatories, #5 Exhibit C - Plaintiffs' Responses to RFPs, #6 Exhibit D - Email Exchanges Regarding Paragraph 8, #7 Exhibit E - Covenant Defendants' August 3 Letter, #8 Exhibit F - SRT Hiring Notes for Clark, #9 Exhibit G - McClendon Hiring Documents, #10 Proposed Order) (Merrick, Christopher)
August 21, 2020 Opinion or Order Filing 309 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the courts own motion, the matters [272, 276, 278, and 281] set for hearing August 27, 2020, are taken off calendar and placed under submission. No appearances are required on 8/27/2020. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
August 19, 2020 Opinion or Order Filing 308 NOTICE OF MOTION AND MOTION for Leave to file Sur-Reply filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 9/17/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Motion to File Sur-Reply, #2 Proposed Order) (Seltzer, Marc)
August 12, 2020 Opinion or Order Filing 307 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Fourth Amended Complaint as to All Claims against Paschall Truck Lines #281 filed by Movant Paschall Truck Lines Inc. (Riffer, Jeffrey)
August 12, 2020 Opinion or Order Filing 306 REPLY filed by Defendant Stevens Transport Inc to Request for Judicial Notice, #277 (de Recat, Craig)
August 12, 2020 Opinion or Order Filing 305 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Antitrust Claims in Fourth Amended Complaint #276 filed by Defendant Stevens Transport Inc. (de Recat, Craig)
August 12, 2020 Opinion or Order Filing 304 REPLY filed by Defendants Covenant Transport, Inc., Southern Refrigerated Transport, Inc. to Request for Judicial Notice, #279 , Response, #297 (Merrick, Christopher)
August 12, 2020 Opinion or Order Filing 303 REPLY in support of Joint NOTICE OF MOTION AND MOTION to Dismiss the Antitrust Claims Asserted Against the Covenant Defendants by All Plaintiffs #278 filed by Defendants Covenant Transport, Inc., Southern Refrigerated Transport, Inc.. (Merrick, Christopher)
August 12, 2020 Opinion or Order Filing 302 REPLY filed by Movant Paschall Truck Lines Inc to NOTICE OF MOTION AND MOTION to Dismiss Fourth Amended Complaint as to All Claims against Paschall Truck Lines #281 , Response, #297 in Support of Paschall Truck Lines, Inc.'s Request for Judicial Notice [281-1] (Riffer, Jeffrey)
August 3, 2020 Opinion or Order Filing 301 NOTICE OF ERRATA filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. correcting Amended Complaint/Petition, #228 (Seltzer, Marc)
July 28, 2020 Opinion or Order Filing 300 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: GRANTING #295 Non-Resident Attorney Kate E. Trinkle APPLICATION to Appear Pro Hac Vice on behalf of Defendant Paschall Truck Lines Inc., designating Jeffrey K. Riffer as local counsel. (Thrasher, Lupe)
July 27, 2020 Opinion or Order Filing 299 REPLY filed by Defendant Schneider National Carriers Inc to Request for Judicial Notice, #273 , Objection #285 in Support of Request for Judicial Notice (Giles, Nicholas)
July 27, 2020 Opinion or Order Filing 298 REPLY in Support of Joint NOTICE OF MOTION AND MOTION to Dismiss the Antitrust Claims in the Fourth Amended Complaint #272 filed by Defendant Schneider National Carriers Inc. (Giles, Nicholas)
July 22, 2020 Opinion or Order Filing 297 RESPONSE filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorgeto NOTICE OF MOTION AND MOTION to Dismiss Fourth Amended Complaint as to All Claims against Paschall Truck Lines #281 , Request for Judicial Notice, #279 , Request for Judicial Notice, #277 Plaintiffs' Omnibus Opposition to Paschall, Stevens and Covenant Defendants' Requests for Judicial Notice (Attachments: #1 Proposed Order)(Seltzer, Marc)
July 22, 2020 Opinion or Order Filing 296 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Fourth Amended Complaint as to All Claims against Paschall Truck Lines #281 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Antitrust Claims in Fourth Amended Complaint #276 , Joint NOTICE OF MOTION AND MOTION to Dismiss the Antitrust Claims Asserted Against the Covenant Defendants by All Plaintiffs #278 Plaintiffs' Omnibus Opposition to Paschall Truck Lines, Inc., Covenant Transport, Inc., Southern Refrigerated Transport, Inc., and Stevens Transport, Inc.'s Motions to Dismiss the Antitrust Claims in the Fourth Amended Complaint filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order)(Seltzer, Marc)
July 21, 2020 Opinion or Order Filing 295 APPLICATION of Non-Resident Attorney Kate E. Trinkle to Appear Pro Hac Vice on behalf of Movant Paschall Truck Lines Inc (Pro Hac Vice Fee - $400.00 Previously Paid on 7/17/2020, Receipt No. 27257927) filed by Defendant Paschall Truck Lines Inc. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Riffer, Jeffrey)
July 20, 2020 Opinion or Order Filing 294 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Kate E. Trinkle to Appear Pro Hac Vice on behalf of Movant Paschall Truck Lines Inc (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27257927) #293 . The following error(s) was/were found: Caption information is incomplete. DJ & MJ initials missing from application and proposed order. (Thrasher, Lupe)
July 17, 2020 Opinion or Order Filing 293 APPLICATION of Non-Resident Attorney Kate E. Trinkle to Appear Pro Hac Vice on behalf of Movant Paschall Truck Lines Inc (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27257927) filed by defendant Paschall Truck Lines Inc. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Riffer, Jeffrey)
July 13, 2020 Opinion or Order Filing 292 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/9/2020 re Transcript #291 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lca) TEXT ONLY ENTRY
July 13, 2020 Opinion or Order Filing 291 TRANSCRIPT for proceedings held on 7/9/2020. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. 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 8/3/2020. Redacted Transcript Deadline set for 8/13/2020. Release of Transcript Restriction set for 10/13/2020. (lca)
July 13, 2020 Opinion or Order Filing 290 TRANSCRIPT ORDER as to plaintiffs Curtis Markson for Court Smart (CS). Court will contact Tammie DeNio at tdenio@susmangodfrey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Berry, Matthew)
July 10, 2020 Opinion or Order Filing 289 TRANSCRIPT ORDER as to Defendant CRST Expedited, Inc. for Court Smart (CS). Court will contact Jeetander Dulani at jeetander.dulani@pillsburylaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Dick, James)
July 8, 2020 Opinion or Order Filing 288 MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Granting in Part Plaintiffs Motion to Compel and Directing Further Meet and Confer #274 (SEE ORDER FOR DETAILS). (kca)
July 7, 2020 Opinion or Order Filing 287 MINUTES OF Discovery Hearing held before Magistrate Judge Sheri Pym: On July 7, 2020, the court held a telephonic hearing on plaintiffs Motion to Compel Discovery regarding the Fourth Amended Complaint. The case was called and counsel made their appearances. The court heard argument from counsel. The court will issue a separate order detailing the courts ruling on the motion. 00 Court Recorder: Digital Recorder. (kca)
July 6, 2020 Opinion or Order Filing 286 REQUEST FOR JUDICIAL NOTICE filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson. (Seltzer, Marc)
July 6, 2020 Opinion or Order Filing 285 OBJECTIONS to Request for Judicial Notice, #273 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
July 6, 2020 Opinion or Order Filing 284 MEMORANDUM in Opposition to Joint NOTICE OF MOTION AND MOTION to Dismiss the Antitrust Claims in the Fourth Amended Complaint #272 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
July 1, 2020 Opinion or Order Filing 283 Text Only Entry re MOTION to Compel #274 . The hearing time has been continued to 10:30 a.m. on July 7, 2020. The hearing will be held telephonically. Please contact the courtroom deputy at: Kimberly_Carter@cacd.uscourts.gov to obtain call-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY
June 23, 2020 Opinion or Order Filing 282 SUPPLEMENT to MOTION to Compel Discovery Regarding the Fourth Amended Complaint #274 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
June 22, 2020 Opinion or Order Filing 281 NOTICE OF MOTION AND MOTION to Dismiss Fourth Amended Complaint as to All Claims against Paschall Truck Lines filed by Defendant Paschall Truck Lines Inc. Motion set for hearing on 8/27/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Charles Wilson, #3 Request for Judicial Notice, #4 Proposed Order) (Riffer, Jeffrey)
June 22, 2020 Opinion or Order Filing 280 CERTIFICATE of Interested Parties filed by Defendant Convenant Transport Inc, identifying Covenant Transportation Group, Inc. as Parent Corporation. (Merrick, Christopher)
June 22, 2020 Opinion or Order Filing 279 REQUEST FOR JUDICIAL NOTICE re Joint NOTICE OF MOTION AND MOTION to Dismiss the Antitrust Claims Asserted Against the Covenant Defendants by All Plaintiffs #278 filed by Defendants Convenant Transport Inc, Southern Refrigerated Transport, Inc.. (Attachments: #1 Declaration of Timothy L. Frey, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Proposed Order)(Merrick, Christopher)
June 22, 2020 Opinion or Order Filing 278 Joint NOTICE OF MOTION AND MOTION to Dismiss the Antitrust Claims Asserted Against the Covenant Defendants by All Plaintiffs filed by defendants Southern Refrigerated Transport, Inc., Convenant Transport Inc. Motion set for hearing on 8/27/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum, #2 Declaration of Timothy L. Frey, #3 Exhibit A to Frey Declaration, #4 Proposed Order) (Attorney Christopher J Merrick added to party Convenant Transport Inc(pty:dft)) (Merrick, Christopher)
June 22, 2020 Opinion or Order Filing 277 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Antitrust Claims in Fourth Amended Complaint #276 filed by Defendant Stevens Transport Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Cardona, Mario)
June 22, 2020 Opinion or Order Filing 276 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Antitrust Claims in Fourth Amended Complaint filed by Defendant Stevens Transport Inc. Motion set for hearing on 8/27/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Mario R. Cardona in Support of Motion to Dismiss, #2 Exhibit 1 to Declaration of Mario R. Cardona, #3 Memorandum of Point and Authorities, #4 Declaration of Angela Horowitz in Support of Motion to Dismiss, #5 Proposed Order) (Cardona, Mario)
June 19, 2020 Opinion or Order Filing 275 NOTICE OF ERRATA filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. correcting MOTION to Compel Discovery Regarding the Fourth Amended Complaint #274 (Seltzer, Marc)
June 16, 2020 Opinion or Order Filing 274 NOTICE OF MOTION AND MOTION to Compel Discovery Regarding the Fourth Amended Complaint filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 7/7/2020 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: #1 Joint Stipulation Regarding Plaintiffs' Motion to Compel Discovery Regarding the Fourth Amended Complaint, #2 Exhibit 1, #3 Declaration of Christopher J. Merrick, #4 Declaration of James V. Dick, #5 Declaration of Jeff T. Olsen, #6 Declaration of Nicholas J. Giles, #7 Declaration of Seth Goldstein, #8 Proposed Order)(Seltzer, Marc)
June 4, 2020 Opinion or Order Filing 273 REQUEST FOR JUDICIAL NOTICE re Joint NOTICE OF MOTION AND MOTION to Dismiss the Antitrust Claims in the Fourth Amended Complaint #272 filed by Defendants Schneider National Carriers Inc, Schneider National, Inc.. (Attachments: #1 Declaration of Nicholas J. Giles, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Order)(Giles, Nicholas)
June 4, 2020 Opinion or Order Filing 272 Joint NOTICE OF MOTION AND MOTION to Dismiss the Antitrust Claims in the Fourth Amended Complaint filed by Defendants Schneider National Carriers Inc, Schneider National, Inc.. Motion set for hearing on 8/27/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum, #2 Declaration of Nicholas J. Giles, #3 Exhibit A, #4 Proposed Order) (Giles, Nicholas)
June 3, 2020 Opinion or Order Filing 271 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: GRANTING #263 Non-Resident Attorney Brian C. Mohr APPLICATION to Appear Pro Hac Vice on behalf of Defendant Stevens Transport, Inc., designating Craig J. de Recat as local counsel. (Thrasher, Lupe)
June 3, 2020 Opinion or Order Filing 270 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: GRANTING #262 Non-Resident Attorney Judy L. Woods APPLICATION to Appear Pro Hac Vice on behalf of Defendants Paschall Truck Lines Inc., designating Jeffrey K. Riffer as local counsel. (Thrasher, Lupe)
June 3, 2020 Opinion or Order Filing 269 ORDER ON STIPULATION #268 by Judge Fernando M. Olguin. Memoranda of law in support of and in opposition to such a motion shall not exceed 30 pages. (iv)
June 2, 2020 Opinion or Order Filing 268 Joint STIPULATION to Exceed Page Limitation as to Memoranda in Support of/in Opposition to Joint Motion to Dismiss filed by Defendant Schneider National Carriers Inc. (Attachments: #1 Proposed Order)(Giles, Nicholas)
June 1, 2020 Opinion or Order Filing 267 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Brian C. Mohr to Appear Pro Hac Vice on behalf of Defendant Stevens Transport Inc (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26619775) #263 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. (Thrasher, Lupe)
June 1, 2020 Opinion or Order Filing 266 ORDER RE: MOTIONS FOR CLASS CERTIFICATION by Judge Fernando M. Olguin. (vdr)
June 1, 2020 Opinion or Order Filing 265 ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (vdr)
June 1, 2020 Opinion or Order Filing 264 ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin. *See order for case deadlines and requirements.* (vdr)
May 29, 2020 Opinion or Order Filing 263 APPLICATION of Non-Resident Attorney Brian C. Mohr to Appear Pro Hac Vice on behalf of Defendant Stevens Transport Inc (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26619775) filed by Defendant Stevens Transport Inc. (Attachments: #1 Proposed Order) (Cardona, Mario)
May 28, 2020 Opinion or Order Filing 262 APPLICATION of Non-Resident Attorney Judy L. Wood to Appear Pro Hac Vice on behalf of Movant Paschall Truck Lines Inc (Pro Hac Vice Fee - $400 Previously Paid on 5/27/2020, Receipt No. 26588883) filed by Defendant Paschall Truck Lines Inc. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Riffer, Jeffrey)
May 28, 2020 Opinion or Order Filing 261 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Judy L. Wood to Appear Pro Hac Vice on behalf of Movant Paschall Truck Lines Inc (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26588883) #260 . The following error(s) was/were found: Name of PHV counsel is inconsistent. Application has name of July and signature lists name as Judy. No email address for applicant or local counsel listed on proposed order. (Thrasher, Lupe)
May 27, 2020 Opinion or Order Filing 260 APPLICATION of Non-Resident Attorney Judy L. Wood to Appear Pro Hac Vice on behalf of Movant Paschall Truck Lines Inc (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26588883) filed by Defendant Paschall Truck Lines Inc. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Riffer, Jeffrey)
May 27, 2020 Opinion or Order Filing 259 STIPULATION for Order To Extend All Case Deadlines filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order)(Seltzer, Marc)
May 20, 2020 Opinion or Order Filing 258 Notice of Appearance or Withdrawal of Counsel: for attorney Mario R. Cardona counsel for Defendant Stevens Transport Inc. Adding Mario R. Cardona as counsel of record for Stevens Transport, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Stevens Transport, Inc.. (Attorney Mario R. Cardona added to party Stevens Transport Inc(pty:dft))(Cardona, Mario)
May 18, 2020 Opinion or Order Filing 257 ORDER RE: JOINT STIPULATION TO EXTEND TIME FOR DEFENDANT PASCHALL TRUCK LINES, INC. TO FILE ITS RESPONSE TO PLAINTIFFS' FOURTH AMENDED COMPLAINT #254 by Judge Fernando M. Olguin. Defendant's deadline to file a response to Plaintiffs' Fourth Amended Complaint is extended to June 22, 2020. (iv)
May 15, 2020 Opinion or Order Filing 256 NOTICE of Interested Parties filed by Defendant Stevens Transport Inc, identifying there is no such interest to report. (de Recat, Craig)
May 15, 2020 Opinion or Order Filing 255 CORPORATE DISCLOSURE STATEMENT filed by Defendant Stevens Transport Inc identifying No parent corporation or any publicly held corporation owns ten percent (10%) or more as Corporate Parent. (de Recat, Craig)
May 14, 2020 Opinion or Order Filing 254 Joint STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition, #228 filed by Defendant Paschall Truck Lines Inc. (Attachments: #1 Proposed Order)(Riffer, Jeffrey)
May 14, 2020 Opinion or Order Filing 253 CERTIFICATE of Interested Parties filed by Defendant Paschall Truck Lines Inc, (Attorney Jeffrey K Riffer added to party Paschall Truck Lines Inc(pty:bkmov))(Riffer, Jeffrey)
May 14, 2020 Opinion or Order Filing 252 CORPORATE DISCLOSURE STATEMENT filed by Movant Paschall Truck Lines Inc identifying Interstate Personnel Services, Inc. as Corporate Parent. (Riffer, Jeffrey)
May 13, 2020 Opinion or Order Filing 251 MINUTES (IN CHAMBERS) ORDER RE: NOTICE OF APPEARANCE BY ATTORNEY CRAIG J. DE RECAT by Judge Fernando M. Olguin. Any party who has any concerns may file a memorandum, not to exceed five pages, no later than May 19, 2020, setting forth the party's concerns. (iv)
May 12, 2020 Opinion or Order Filing 250 ORDER RE: JOINT STIPULATION #249 TO EXTEND TIME FOR DEFENDANT STEVENS TRANSPORT, INC., TO FILE ITS RESPONSE TO PLAINTIFFS' FOURTH AMENDED COMPLAINT by Judge Fernando M. Olguin. *See Order for dates and deadlines.* (iv)
May 11, 2020 Opinion or Order Filing 249 Joint STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition, #228 filed by Defendant Stevens Transport Inc. (Attachments: #1 Proposed Order)(de Recat, Craig)
May 11, 2020 Opinion or Order Filing 248 Notice of Appearance or Withdrawal of Counsel: for attorney Craig J de Recat counsel for Defendant Stevens Transport Inc. Adding Hilary A. Soloff as counsel of record for Stevens Transport, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Stevens Transport, Inc.. (de Recat, Craig)
May 11, 2020 Opinion or Order Filing 247 NOTICE of Appearance filed by attorney Craig J de Recat on behalf of Defendant Stevens Transport Inc (Attorney Craig J de Recat added to party Stevens Transport Inc(pty:dft))(de Recat, Craig)
May 7, 2020 Opinion or Order Filing 246 ORDER ON JOINT STIPULATION #245 by Judge Fernando M. Olguin. *See Order for dates and deadlines.* (iv)
May 6, 2020 Opinion or Order Filing 245 Joint STIPULATION for Extension of Time to File Motion to Dismiss and associated briefing filed by Defendant Schneider National Carriers Inc. (Attachments: #1 Proposed Order)(Giles, Nicholas)
April 27, 2020 Opinion or Order Filing 244 PROOF OF SERVICE Executed by Plaintiff Clois McClendon, Mark McGeorge, Curtis Markson, Eric Clark, upon Defendant Stevens Transport Inc served on 4/23/2020, answer due 5/14/2020. Service of the Summons and Complaint were executed upon Bruce Dean, General Counsel in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Seltzer, Marc)
April 24, 2020 Opinion or Order Filing 243 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Waiver of Service #241 . The following error(s) was/were found: Case number is incorrect or missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv)
April 23, 2020 Opinion or Order Filing 242 PROOF OF SERVICE Executed by Plaintiff Clois McClendon, Mark McGeorge, Curtis Markson, Eric Clark, upon Defendant Paschall Truck Lines Inc served on 4/23/2020, answer due 5/14/2020. Service of the Summons and Complaint were executed upon Kelly Lane, Authorized Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Seltzer, Marc)
April 23, 2020 Opinion or Order Filing 241 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Clois McClendon, Mark McGeorge, Curtis Markson, Eric Clark. upon Convenant Transport Inc waiver sent by Plaintiff on 4/22/2020, answer due 6/22/2020. Waiver of Service signed by Christopher J. Merrick. (Seltzer, Marc)
April 22, 2020 Opinion or Order Filing 240 21 DAY Summons Issued re Amended Complaint/Petition, #228 as to Defendant Convenant Transport Inc. (iv)
April 22, 2020 Opinion or Order Filing 239 21 DAY Summons Issued re Amended Complaint/Petition, #228 as to Defendant Stevens Transport Inc. (iv)
April 22, 2020 Opinion or Order Filing 238 21 DAY Summons Issued re Amended Complaint/Petition, #228 as to Defendant Paschall Truck Lines Inc. (iv)
April 21, 2020 Opinion or Order Filing 237 Request for Clerk to Issue Summons on Amended Complaint/Petition, #228 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Summons Request, #2 Summons Request)(Seltzer, Marc)
April 21, 2020 Opinion or Order Filing 236 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #234 . The following error(s) was found: The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (iv)
April 20, 2020 Opinion or Order Filing 235 MINUTE ORDER (In Chambers) Order Re: Consolidation by Judge Fernando M. Olguin. Having reviewed and considered the parties' briefing in response to the court's Order to Show Cause Re: Consolidation, (Dkt. #204 , Court's Order of January 14, 2020 (OSC)), the court is persuaded that consolidation of the subject cases is not appropriate at this time. (lom)
April 17, 2020 Opinion or Order Filing 234 Request for Clerk to Issue Summons on Amended Complaint/Petition, #228 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Summons Request, #2 Summons Request)(Seltzer, Marc)
April 17, 2020 Opinion or Order Filing 233 Notice of Withdrawal of Summons Request #230 , Summons Request #232 , Summons Request #229 , Summons Request #231 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
April 16, 2020 Opinion or Order Filing 232 WITHDRAWN, see docket entry no. 233 - Request for Clerk to Issue Summons on Amended Complaint/Petition, #228 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc) Modified on 4/17/2020 (lom).
April 16, 2020 Opinion or Order Filing 231 WITHDRAWN, see docket entry no. 233 - Request for Clerk to Issue Summons on Amended Complaint/Petition, #228 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc) Modified on 4/17/2020 (lom).
April 16, 2020 Opinion or Order Filing 230 WITHDRAWN, see docket entry no. 233 - Request for Clerk to Issue Summons on Amended Complaint/Petition, #228 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc) Modified on 4/17/2020 (lom).
April 16, 2020 Opinion or Order Filing 229 WITHDRAWN, see docket entry no. 233 - Request for Clerk to Issue Summons on Amended Complaint/Petition, #228 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc) Modified on 4/17/2020 (lom).
April 15, 2020 Opinion or Order Filing 228 FOURTH AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition #55 , filed by Plaintiffs Clois McClendon, Mark McGeorge, Curtis Markson, Eric Clark (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Wasserman, Robert)
April 15, 2020 Opinion or Order Filing 227 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Appointment of Counsel #222 is taken off the 4/23/2020 calendar and placed under submission. No appearances are required on 4/23/2020. An order with the court's ruling will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
April 14, 2020 Opinion or Order Filing 226 ORDER by Judge Fernando M. Olguin. Plaintiffs' Motion #213 is granted. Plaintiffs shall, no later than two court days from the filing of this Order, file their Fourth Amended Complaint. Defendants shall file their Answer to the Fourth Amended Complaint or a motion no later than 5/14/2020. (vdr)
April 9, 2020 Opinion or Order Filing 225 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION for Appointment of Counsel (Interim Co-Lead Class) #222 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
April 2, 2020 Opinion or Order Filing 224 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION for Appointment of Counsel (Interim Co-Lead Class) #222 filed by Defendants C.R. England, Inc., CRST Expedited, Inc., CRST International, Inc., Western Express, Inc.. (Andrewscavage, Charles)
March 26, 2020 Opinion or Order Filing 223 MEMORANDUM of Points and Authorities in Support filed by plaintiff Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. SUPPLEMENTAL MEMORANDUM RE CONSOLIDATION Re: Memorandum of Points and Authorities in Support #212 (Seltzer, Marc)
March 25, 2020 Opinion or Order Filing 222 NOTICE OF MOTION AND MOTION for Appointment of Counsel (Interim Co-Lead Class) filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 4/23/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum, #2 Declaration of Marc Seltzer, #3 Declaration of Robert Wasserman, #4 Declaration of Craig Ackermann, #5 Declaration of Jonathan Melmed, #6 Proposed Order) (Seltzer, Marc)
March 25, 2020 Opinion or Order Filing 221 ORDER STRIKING by Judge Fernando M. Olguin Re: MOTION for Appointment of Counsel #220 . The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): (1) Hearing information is missing, incorrect, or not timely. Judge Olguin hears motions on Thursdays. (vdr)
March 24, 2020 Opinion or Order Filing 220 *STRICKEN* NOTICE OF MOTION AND MOTION for Appointment of Counsel (Interim Co-Lead Class) filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 4/21/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum, #2 Declaration of Marc M. Seltzer, #3 Declaration of Robert J. Wasserman, #4 Declaration of Craig J. Ackermann, #5 Declaration of Jonathan Melmed, #6 Proposed Order) (Seltzer, Marc) Modified on 3/25/2020 (vdr).
March 20, 2020 Opinion or Order Filing 219 ORDER GRANTING DEFENDANTS CRST EXPEDITED, INC. AND CRST INTERNATIONAL, INC.'S UNOPPOSED MOTION FOR LEAVE TO FILE SUPPLEMENTAL MEMORANDUM REGARDING CONSOLIDATION by Judge Fernando M. Olguin. *See Order for Details.* (iv)
March 19, 2020 Opinion or Order Filing 218 NOTICE OF PENDENCY OF OTHER ACTION OF PROCEEDING filed by DEFENDANTS CRST Expedited, Inc., CRST International, Inc.. (Andrewscavage, Charles)
March 13, 2020 Opinion or Order Filing 217 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Leave #213 is taken off the 3/19/2020 calendar and placed under submission. No appearances are required on 3/19/2020. An order with the court's ruling will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
March 4, 2020 Opinion or Order Filing 216 REPLY in support NOTICE OF MOTION AND MOTION for Leave to file FOURTH AMENDED COMPLAINT #213 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Declaration Ian M. Gore, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Kauble Pachman, Krysta)
February 27, 2020 Opinion or Order Filing 215 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Leave to file FOURTH AMENDED COMPLAINT #213 on behalf of all Defendants filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Declaration of James V. Dick)(Dick, James)
February 24, 2020 Opinion or Order Filing 214 NOTICE OF MOTION AND MOTION for Leave to file Supplemental Memorandum Regarding Consolidation (UNOPPOSED) filed by Defendants CRST Expedited, Inc. and CRST International, Inc.'s CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 4/9/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit Exhibit A-Defendants' Supplemental Memorandum Regarding Consolidation, #2 Proposed Order) (Andrewscavage, Charles)
February 14, 2020 Opinion or Order Filing 213 NOTICE OF MOTION AND MOTION for Leave to file FOURTH AMENDED COMPLAINT filed by Plaintiff Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 3/19/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum, #2 Declaration of Robert J. Wasserman, #3 Proposed Order) (Wasserman, Robert)
February 4, 2020 Opinion or Order Filing 212 MEMORANDUM of Points and Authorities in Support filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Re: Minutes of In Chambers Order/Directive - no proceeding held #204 (Kauble Pachman, Krysta)
February 4, 2020 Opinion or Order Filing 211 MEMORANDUM of Points and Authorities in Opposition filed by Defendant Western Express, Inc.. Re: Minutes of In Chambers Order/Directive - no proceeding held #204 (Olsen, Jeff)
February 4, 2020 Opinion or Order Filing 210 MEMORANDUM of Points and Authorities in Opposition filed by Defendant C.R. England, Inc.. Re: Minutes of In Chambers Order/Directive - no proceeding held #204 (Goldstein, Seth)
February 4, 2020 Opinion or Order Filing 209 MEMORANDUM of Points and Authorities in Opposition filed by Defendant Southern Refrigerated Transport Re: Minutes of In Chambers Order/Directive - no proceeding held #204 (Merrick, Christopher)
February 4, 2020 Opinion or Order Filing 208 MEMORANDUM of Points and Authorities in Opposition filed by Defendant Schneider National Carriers, Inc. Re: Minutes of In Chambers Order/Directive - no proceeding held #204 (Giles, Nicholas)
February 4, 2020 Opinion or Order Filing 207 MEMORANDUM of Points and Authorities in Opposition filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Re: Minutes of In Chambers Order/Directive - no proceeding held #204 (Andrewscavage, Charles)
January 28, 2020 Opinion or Order Filing 206 ORDER ON STIPULATION #205 TO CONTINUE CONSOLIDATION BRIEFING DEADLINES by Judge Fernando M. Olguin. The Court grants the Parties stipulation to continue the deadline for the Parties to file their memoranda re consolidation or stipulation until February 4, 2020. (iv)
January 27, 2020 Opinion or Order Filing 205 STIPULATION to Continue Consolidated Briefing Deadlines from January 28,, 2020 to February 4, 2020 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge.(Kauble Pachman, Krysta)
January 14, 2020 Opinion or Order Filing 204 MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: CONSOLIDAITON by Judge Fernando M. Olguin. *See Order for dates and deadlines.* (iv)
January 8, 2020 Opinion or Order Filing 203 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: GRANTING #202 Non-Resident Attorney Timothy L. Frey APPLICATION to Appear Pro Hac Vice on behalf of Defendant Southern Refrigerated Transport, Inc., designating Ashley Dorris Egerer as local counsel. (lt)
January 6, 2020 Opinion or Order Filing 202 APPLICATION of Non-Resident Attorney Timothy L. Frey to Appear Pro Hac Vice on behalf of Defendant Southern Refrigerated Transport, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25065303) filed by Defendant Southern Refrigerated Transport, Inc.. (Attachments: #1 Proposed Order) (Egerer, Ashley)
December 18, 2019 Opinion or Order Filing 201 ORDER by Judge Fernando M. Olguin: granting #199 Non-Resident Attorney Christopher J. Merrick APPLICATION to Appear Pro Hac Vice on behalf of Southern Refrigerated Transport, Inc, designating Jessica Farley as local counsel. (lom)
December 16, 2019 Opinion or Order Filing 200 MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Granting Plaintiffs Motion to Compel in Large Part and Directing Further Meet and Confer in Compliance with ESI Order #186 (SEE ORDER FOR DETAILS). (kca)
December 16, 2019 Opinion or Order Filing 199 APPLICATION of Non-Resident Attorney Christopher J. Merrick to Appear Pro Hac Vice on behalf of Defendant Southern Refrigerated Transport, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24958997) filed by Defendant Southern Refrigerated Transport, Inc.. (Attachments: #1 Proposed Order) (Farley, Jessica)
December 6, 2019 Opinion or Order Filing 198 ORDER ALLOWING AT HEARING ON PLAINTIFFS MOTION TO COMPEL COMPLIANCE WITH ESI ORDER by Magistrate Judge Sheri Pym. The representative for defendant Southern Refrigerated Transport, Inc. may attend the hearing on Plaintiffs Motion to Compel Compliance with ESI Order on December 10, 2019 telephonically. (kca)
December 6, 2019 Opinion or Order Filing 197 Request for Telephonic Appearance at Hearing on Plaintiffs' Motion to Compel Compliance with ESI Order filed by Defendant Southern Refrigerated Transport, Inc. (Attachments: #1 Proposed Order)(Farley, Jessica)
November 26, 2019 Opinion or Order Filing 196 REPLY in support of MOTION to Compel Compel Compliance with ESI Order #186 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Declaration Krysta Kauble Pachman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Kauble Pachman, Krysta)
November 13, 2019 Opinion or Order Filing 195 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher Chad McNatt, Jr counsel for Defendants CRST Expedited, Inc., CRST International, Inc.. Megan E. Ross is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants CRST International, Inc. and CRST Expedited, Inc.. (McNatt, Christopher)
November 12, 2019 Opinion or Order Filing 194 OPPOSITION to MOTION to Compel Compel Compliance with ESI Order #186 filed by Defendant Southern Refrigerated Transport, Inc.. (Attachments: #1 Declaration of Jessica Farley, #2 Proof of Service)(Farley, Jessica)
November 12, 2019 Opinion or Order Filing 193 Defendant Western Express, Inc.'s Opposition re: MOTION to Compel Compel Compliance with ESI Order #186 filed by Defendant Western Express, Inc.. (Marca, Richard)
November 11, 2019 Opinion or Order Filing 192 NOTICE of Partial Withdrawal of Motion to Compel Compliance with ESI Order filed by Plaintiff Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
November 7, 2019 Opinion or Order Filing 191 ORDER CONTINUING HEARING DATE ON PLAINTIFFS' MOTION TO COMPEL COMPLIANCE WITH ESI ORDER by Magistrate Judge Sheri Pym. The hearing on Plaintiffs' Motion to Compel Compliance with ESI Order (Dkt. No. #186 ) shall be continued to December 10, 2019 at 10:00 a.m. Defendants' opposition papers to the motion shall be filed on or before Tuesday, November 12, 2019. Plaintiffs' reply papers shall be filed on or before Tuesday, November 26, 2019. (sbou)
November 7, 2019 Opinion or Order Filing 190 NOTICE of Partial Withdrawal of Motion to Compel filed by Plaintiff Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
November 4, 2019 Opinion or Order Filing 189 Joint STIPULATION to Continue Hearing Date on Plaintiffs' Motion to Compel Compliance with ESI Order from November 26, 2019 to December 3, 2019 Re: MOTION to Compel Compel Compliance with ESI Order #186 filed by Defendant C.R. England, Inc.. (Attachments: #1 Proposed Order)(Hansen, Drew)
October 29, 2019 Opinion or Order Filing 188 Notice of Appearance or Withdrawal of Counsel: for attorney J Randall Boyer counsel for Defendant C.R. England, Inc.. Adding J. Randall Boyer as counsel of record for C.R. England, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant C.R. England, Inc.. (Attorney J Randall Boyer added to party C.R. England, Inc.(pty:dft))(Boyer, J)
October 24, 2019 Opinion or Order Filing 187 Notice of Appearance or Withdrawal of Counsel: for attorney Krysta Kauble Pachman counsel for Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Adding Krysta Kauble Pachman as counsel of record for Curtis Markson, Mark McGeorge, Clois McClendon and Eric Clark for the reason indicated in the G-123 Notice. Filed by Plaintiff Curtis Markson, Mark McGeorge, Clois McClendon and Eric Clark. (Attorney Krysta Kauble Pachman added to party Eric Clark(pty:pla), Attorney Krysta Kauble Pachman added to party Clois McClendon(pty:pla), Attorney Krysta Kauble Pachman added to party Curtis Markson(pty:pla), Attorney Krysta Kauble Pachman added to party Mark McGeorge(pty:pla))(Kauble Pachman, Krysta)
October 23, 2019 Opinion or Order Filing 186 NOTICE OF MOTION AND MOTION to Compel Compel Compliance with ESI Order filed by Plaintiff Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Motion set for hearing on 11/26/2019 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: #1 Memorandum in Support of Motion to Compel Compliance, #2 Declaration of Ian Gore in Support of Motion to Compel Compliance, #3 Proposed Order [Proposed] Order Compelling Compliance with ESI Order)(Seltzer, Marc)
October 16, 2019 Opinion or Order Filing 185 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/5/2019 at 2:08 p.m. re Transcript #184 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Ponce, Myra) TEXT ONLY ENTRY
October 16, 2019 Opinion or Order Filing 184 TRANSCRIPT for proceedings held on 8/5/2019 at 2:08 p.m. Court Reporter/Electronic Court Recorder: Myra L. Ponce, CSR, RDR, CRR, e-mail address myraponce@sbcglobal.net. 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 11/6/2019. Redacted Transcript Deadline set for 11/18/2019. Release of Transcript Restriction set for 1/14/2020. (Ponce, Myra)
October 11, 2019 Opinion or Order Filing 183 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
October 4, 2019 Opinion or Order Filing 182 ORDER TRANSFERRING CIVIL ACTION pursuant General Order 19-03. ORDER case transferred from Judge Virginia A. Phillips to the calendar of Judge Fernando M. Olguin for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:17-cv-01261 FMO(SPx). Signed by Judge Virginia A. Phillips and Judge Fernando M. Olguin. (rn)
September 9, 2019 Opinion or Order Filing 181 STATUS REPORT [JOINT] Regarding Selection of Mediator filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
August 19, 2019 Opinion or Order Filing 180 TRANSCRIPT ORDER as to plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge for Court Reporter. Court will contact Tammie DeNio at tdenio@susmangodfrey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Berry, Matthew)
August 16, 2019 Opinion or Order Filing 179 TRANSCRIPT ORDER as to Defendant CRST International, Inc. for Court Reporter. Court will contact James V. Dick at james.dick@pillsburylaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Dick, James)
August 6, 2019 Opinion or Order Filing 176 STIPULATED ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND OTHER DOCUMENTS by Magistrate Judge Sheri Pym, re Stipulation for Order #175 (dc)
August 5, 2019 Opinion or Order Filing 178 CIVIL SCHEDULING ORDER by Judge Virginia A. Phillips: Last Day to Conduct Settlement/Mediation: 09/01/2020; Class Certification Discovery Cut-Off: 09/18/2020; Motion for Class Certification Filing Deadline: 10/16/2020; Opposition for Class Certification Motion Deadline: 11/30/2020; Reply for Class Certification Motion Deadline: 01/14/2021; Hearing on Motion for Class Certification: 03/1/2021. (bm)
August 5, 2019 Opinion or Order Filing 177 MINUTES OF SCHEDULING CONFERENCE held before Judge Virginia A. Phillips: Court and counsel confer re case and settlement status. The settlement conference shall be conducted no later than September 1, 2020. The parties shall file a joint report no later than 10 days after the settlement conference regarding the progress of mediation. The parties elect to proceed with Settlement Procedure No. 3, private mediation. The parties shall file a joint report by no later than September 9, 2019, informing the Court of the selected mediator. The Court sets the deadline schedule as to the Motion for Class Certification Motion set forth in a separate Civil Trial Scheduling Order to be filed and served on counsel by the clerk. Upon resolution of the Motion for Class Certification, the Court will set further deadline dates as ordered. Court Reporter: Myra Ponce. (bm)
August 2, 2019 Opinion or Order Filing 175 STIPULATION for Order [Proposed] Regarding Discovery of ESI and Other Documents filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge.(Seltzer, Marc)
July 3, 2019 Opinion or Order Filing 174 ANSWER to Amended Complaint/Petition #55 filed by Defendant Schneider National Carriers Inc.(Attorney Johnny B Justus added to party Schneider National Carriers Inc(pty:dft))(Justus, Johnny)
June 27, 2019 Opinion or Order Filing 173 ORDER DISMISSING SCHNEIDER NATIONAL, INC. AND SUBSTITUTING SCHNEIDER NATIONAL CARRIERS, INC. #169 by Judge Virginia A. Phillips. Schneider National Carriers, Inc. shall respond to the Third AmendedComplaint within five days of the entry of this Order. (See document for further details) (es)
June 27, 2019 Opinion or Order Filing 172 ORDER REGARDING EXPERT DISCOVERY #163 by Judge Virginia A. Phillips. See order for details. (lom)
June 24, 2019 Opinion or Order Filing 171 ORDER ON UNOPPOSED EX PARTE APPLICATION #166 by Judge Virginia A. Phillips: The Scheduling Conference in this action is hereby re-scheduled from July 1,2019, to August 5, 2019 at 1:30 p.m. (lc)
June 24, 2019 Opinion or Order Filing 170 NOTICE OF LODGING filed re Response By Court to Notice of Deficiencies (G-112B) - optional html form, #168 (Attachments: #1 Proposed Order Regarding Expert Discovery)(Seltzer, Marc)
June 21, 2019 Opinion or Order Filing 169 STIPULATION to Dismiss Defendant Schneider National, Inc. filed by Plaintiffs Clois McClendon, Mark McGeorge, Curtis Markson, Eric Clark. (Attachments: #1 Proposed Order Dismissing Schneider National, Inc. and Substituting Schneider National Carriers, Inc.)(Seltzer, Marc)
June 21, 2019 Opinion or Order Filing 168 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation and [Proposed] Order Regarding Expert Discovery #163 . A proposed order was not submitted as separate attachment. (L.R. 5-4.4) Counsel is instructed to submit a proposed order as an attachment to a Notice of Lodging by no later than noon on 6/24/2019. (vv)
June 19, 2019 Opinion or Order Filing 167 STIPULATED PROTECTIVE ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca) .
June 19, 2019 Opinion or Order Filing 166 APPLICATION to Continue Scheduling Conference from July 1, 2019 to July 29, 2019 filed by Defendant CRST International, Inc.. (Attachments: #1 Proposed Order) (Dick, James)
June 17, 2019 Opinion or Order Filing 165 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Order #163 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom)
June 13, 2019 Opinion or Order Filing 164 TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Virginia A. Phillips: On its own motion, the Court hereby continues the Scheduling Conference currently set for June 17, 2019 to July 1, 2019 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
June 10, 2019 Opinion or Order Filing 163 STIPULATION for Order [Proposed] Regarding Expert Discovery filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge.(Seltzer, Marc)
June 10, 2019 Opinion or Order Filing 162 STIPULATION for Protective Order filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge.(Seltzer, Marc)
June 10, 2019 Opinion or Order Filing 161 REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge(Seltzer, Marc)
June 10, 2019 Opinion or Order Filing 160 JOINT RULE 26(F) REPORT filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
May 2, 2019 Opinion or Order Filing 159 NOTICE of Change of Attorney Business or Contact Information: for attorney Jessica Farley counsel for Defendant Southern Refrigerated Transport, Inc.. Changing E-MAIL to jfarley@sbelaw.com. Filed by Defendant Southern Refrigerated Transport, Inc.. (Farley, Jessica)
May 2, 2019 Opinion or Order Filing 158 NOTICE of Change of Attorney Business or Contact Information: for attorney Ashley Dorris Egerer counsel for Defendant Southern Refrigerated Transport, Inc.. Changing E-MAIL to aegerer@sbelaw.com. Filed by Defendant Southern Refrigerated Transport, Inc.. (Egerer, Ashley)
April 23, 2019 Opinion or Order Filing 157 ORDER SETTING SCHEDULING CONFERENCE by Judge Virginia A. Phillips, re Stipulation for Hearing #156 : This matter is set for a scheduling conference on June 17, 2019 at 1:30 p.m. The conference will be held pursuant to Fed. R. Civ. P. 16(b). The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference and report to the Court not later than 14 days after they confer as required by Fed. R. Civ. P. 26 and the Local Rules of this Court. ALL LEAD COUNSEL MUST ATTEND IN PERSON. (bm)
April 15, 2019 Opinion or Order Filing 156 STIPULATION for Hearing re Setting Scheduling Conference filed by Plaintiff Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order)(Seltzer, Marc)
April 9, 2019 Opinion or Order Filing 155 ORDER by Judge Virginia A. Phillips: granting #151 Non-Resident Attorney Jason L.. Chrestionson's Application to Appear Pro Hac Vice on behalf of Schneider National, Inc., designating Matthew C. Kane as local counsel. (yl)
April 8, 2019 Opinion or Order Filing 154 ORDER by Judge Virginia A. Phillips: granting #150 Non-Resident Attorney Johnny B Justus APPLICATION to Appear Pro Hac Vice on behalf of Defendant Schneider National, Inc., designating Matthew C Kane as local counsel. (bm)
April 8, 2019 Opinion or Order Filing 153 ORDER by Judge Virginia A. Phillips: granting #149 Non-Resident Attorney Nicholas J Giles APPLICATION to Appear Pro Hac Vice on behalf of Defendant Schneider National, Inc., designating Matthew C Kane as local counsel. (bm)
April 8, 2019 Opinion or Order Filing 152 ORDER by Judge Virginia A. Phillips: granting #148 Non-Resident Attorney Amy B Manning APPLICATION to Appear Pro Hac Vice on behalf of Defendant Schneider National, Inc., designating Matthew G Kane as local counsel. (bm)
April 5, 2019 Opinion or Order Filing 151 APPLICATION of Non-Resident Attorney Jason L. Chrestionson to Appear Pro Hac Vice on behalf of Defendant Schneider National, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23503573) filed by Defendant Schneider National, Inc.. (Attachments: #1 Proposed Order) (Kane, Matthew)
April 3, 2019 Opinion or Order Filing 150 APPLICATION of Non-Resident Attorney Johnny B. Justus to Appear Pro Hac Vice on behalf of Defendant Schneider National, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23491074) filed by Defendant Schneider National, Inc.. (Attachments: #1 Proposed Order) (Kane, Matthew)
April 3, 2019 Opinion or Order Filing 149 APPLICATION of Non-Resident Attorney Nicholas J. Giles to Appear Pro Hac Vice on behalf of Defendant Schneider National, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23490842) filed by Defendant Schneider National, Inc.. (Attachments: #1 Proposed Order) (Kane, Matthew)
April 3, 2019 Opinion or Order Filing 148 APPLICATION of Non-Resident Attorney Amy B. Manning to Appear Pro Hac Vice on behalf of Defendant Schneider National, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23488974) filed by Defendant Schneider National, Inc.. (Attachments: #1 Proposed Order) (Kane, Matthew)
March 29, 2019 Opinion or Order Filing 147 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Third Amended Complaint #146 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
March 28, 2019 Opinion or Order Filing 146 ANSWER to Amended Complaint/Petition #55 filed by Defendant Western Express, Inc..(Olsen, Jeff)
March 27, 2019 Opinion or Order Filing 145 MINUTE ORDER (IN CHAMBERS) RE: DEFENDANT WESTERN EXPRESS, INC.'S EX PARTE APPLICATION FOR LEAVE TO FILE RESPONSIVE PLEADING UNTIMELY (DOC. NO. 134) by Judge Virginia A. Phillips: Western Express filed for ex parte relief on the last day its responsive pleading was due based on a mistaken belief that the Court would set different dates. This does not meet the standard for emergency relief. The ex parte application also appears to be unnecessary because Plaintiffs' counsel indicated to Western Express's counsel that it would agree to the requested extension of time. In the interests of justice, the Court extends the deadline for Defendant Western Express, Inc. to file an answer to March 28, 2019.(see document for further details) (bm)
March 26, 2019 Opinion or Order Filing 144 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/25/2019 at 2:05 p.m. re Transcript #143 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Ponce, Myra) TEXT ONLY ENTRY
March 26, 2019 Opinion or Order Filing 143 TRANSCRIPT for proceedings held on 2/25/2019 at 2:05 p.m. Court Reporter/Electronic Court Recorder: Myra L. Ponce, CSR, RDR, CRR, e-mail address myraponce@sbcglobal.net. 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 4/16/2019. Redacted Transcript Deadline set for 4/26/2019. Release of Transcript Restriction set for 6/24/2019. (Ponce, Myra)
March 22, 2019 Opinion or Order Filing 142 NOTICE of Interested Parties filed by Defendant Schneider National, Inc., (Kane, Matthew)
March 22, 2019 Opinion or Order Filing 141 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #137 RE: Ex Parte Application #133 , #134 , by Clerk of Court. Other: Document Number 133 is STRICKEN. Document Number 134 is ACCEPTED. (bm)
March 22, 2019 Opinion or Order Filing 140 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Southern Refrigerated Transport, Inc., (Farley, Jessica)
March 22, 2019 Opinion or Order Filing 139 ANSWER to Amended Complaint/Petition #55 JURY DEMAND. filed by Defendant Southern Refrigerated Transport, Inc..(Farley, Jessica)
March 22, 2019 Opinion or Order Filing 138 OPPOSITION to EX PARTE APPLICATION for Leave to file Responsive Pleading to TAC by 1 Week and for Clarification on Responsive Pleading Deadline #133 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Seltzer, Marc)
March 22, 2019 Opinion or Order Filing 137 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION #133 , Amendment to EX PARTE APPLICATION #134 . The following error(s) was/were found: Ex Parte Application lacks proposed order #133 . The court notes that counsel attempted to e-file same document correctly as an Amendment #134 , and although proposed order was included as an attachment, the incorrect event was used. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
March 22, 2019 Opinion or Order Filing 136 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer #132 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
March 21, 2019 Opinion or Order Filing 135 ANSWER to Amended Complaint/Petition #55 with JURY DEMAND Answer and Affirmative Defenses to Third Amended Class Action Complaint; Demand for Jury Trial filed by Defendant C.R. England, Inc..(Goldstein, Seth)
March 21, 2019 Opinion or Order Filing 134 Amendment to EX PARTE APPLICATION for Leave to file Responsive Pleading to TAC by 1 Week and for Clarification on Responsive Pleading Deadline #133 filed by Defendant Western Express, Inc.. (Attachments: #1 Proposed Order Granting Defendant Western Express, Inc.'s Ex Parte Application for Clarification on Defendants' Responsive Pleading Deadline, or in the Alternative, Leave of Court to File Responsive Pleading to TAC by 1 Week)(Olsen, Jeff)
March 21, 2019 Opinion or Order Filing 133 DOCUMENT STRICKEN ON 3/22/19. EX PARTE APPLICATION for Leave to file Responsive Pleading to TAC by 1 Week and for Clarification on Responsive Pleading Deadline filed by Defendant Western Express, Inc.. (Attorney Jeff T Olsen added to party Western Express, Inc.(pty:dft)) (Olsen, Jeff) Modified on 3/22/2019 (bm).
March 21, 2019 Opinion or Order Filing 132 ANSWER to Amended Complaint/Petition #55 filed by Defendant Schneider National, Inc..(Kane, Matthew)
March 21, 2019 Opinion or Order Filing 131 ANSWER to Amended Complaint/Petition #55 filed by Defendant CRST International, Inc..(Dick, James)
March 7, 2019 Opinion or Order Filing 130 ORDER DENYING Defendants' Motion to Dismiss (Doc. No. 114) and DENYING CRST's Motion to Dismiss (Doc. No. 116) by Judge Virginia A. Phillips: The Court therefore DENIES the Omnibus Motion to Dismiss Antitrust Claims and DENIES CRSTs Motion to Dismiss Counts III Through VII. (see document for further details) (bm)
March 6, 2019 Opinion or Order Filing 129 TRANSCRIPT ORDER as to Defendant CRST International, Inc. for Court Reporter. Court will contact Elizabeth Moran at emoran@scopelitis.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Andrewscavage, Charles)
March 5, 2019 Opinion or Order Filing 128 TRANSCRIPT ORDER as to Plaintiff Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge for Court Reporter. Court will contact Helen Danielson at hdanielson@susmangodfrey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Gore, Ian)
February 25, 2019 Opinion or Order Filing 127 MINUTES OF DEFENDANT'S JOINT MOTION TO DISMISS PLAINTIFF'S ANTITRUST CLAIMS; [DOC. NO. 114]; DEFENDANT'S MOTION TO DISMISS COUNTS III THROUGH VII; [DOC. NO. 116] Hearing held before Judge Virginia A. Phillips: Matter called. Counsel for the parties are present as referenced above. Court Issue's tentative ruling and invites oral argument of Counsel. The Court having heard from counsel, takes the matter under submission. Court will issue final ruling. Court Reporter: Myra Ponce. (bm)
January 22, 2019 Opinion or Order Filing 126 REPLY in support of Joint NOTICE OF MOTION AND MOTION to Dismiss Case by All Defendants #114 filed by Defendant CRST International, Inc.. (Attachments: #1 Exhibit Exhibit 1)(Dick, James)
January 22, 2019 Opinion or Order Filing 125 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case Counts III Through VII #116 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Hanson, James)
January 16, 2019 Opinion or Order Filing 124 NOTICE of Change of Attorney Business or Contact Information: for attorney Drew R Hansen counsel for Defendant C.R. England, Inc.. Changing firm name to Nossaman LLP, 18101 Von Karman Avenue, Suite 1800, Irvine, CA 92612. Changing email to dhansen@nossaman.com. Filed by Defendant C.R. England, Inc.. (Hansen, Drew)
January 7, 2019 Opinion or Order Filing 123 NOTICE of Change of address by Ian M Gore attorney for Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Changing attorneys address to 1201 Third Avenue, Suite 3800, Seattle, Washington 98101. Filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Gore, Ian)
December 21, 2018 Opinion or Order Filing 122 OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case Counts III Through VII #116 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order)(Attorney Robert J Wasserman added to party Eric Clark(pty:pla), Attorney Robert J Wasserman added to party Clois McClendon(pty:pla))(Wasserman, Robert)
December 21, 2018 Opinion or Order Filing 121 MEMORANDUM in Opposition to Joint NOTICE OF MOTION AND MOTION to Dismiss Case by All Defendants #114 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Exhibit A, #2 Proposed Order)(Seltzer, Marc)
December 17, 2018 Opinion or Order Filing 120 ORDER RE: WITHDRAWAL OF DEFENDANT C.R. ENGLAND, INC.'S MOTION TO STRIKE CLASS ALLEGATIONS by Judge Virginia A. Phillips, re Stipulation #119 : IT IS HEREBY ORDERED that: 1. C.R. England's motion to strike is hereby withdrawn and taken off calendar. (see document for further details) (bm)
December 13, 2018 Opinion or Order Filing 119 STIPULATION to Withdraw Motion NOTICE OF MOTION AND MOTION to Strike Class Allegations of Third Amended Complaint #115 filed by Defendant C.R. England, Inc.. (Attachments: #1 Proposed Order)(Hansen, Drew)
November 29, 2018 Opinion or Order Filing 118 Notice of Appearance or Withdrawal of Counsel: for attorney Adam J Eakman counsel for Defendants CRST Expedited, Inc., CRST International, Inc.. Adam J. Eakman is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants CRST International, Inc. and CRST Expedited, Inc.. (Eakman, Adam)
November 9, 2018 Opinion or Order Filing 117 ORDER RE: DEFENDANT C.R. ENGLAND, INC.'S ARBITRATION AGREEMENT WITH PLAINTIFF ERIC CLARK by Judge Virginia A. Phillips, re Stipulation #113 : Having considered the Stipulation Re: C.R. England, Inc.'s Arbitration Agreement with Plaintiff Eric Clark, and good cause appearing therefore (including, but not limited to, reasons of efficiency and judicial economy), IT IS HEREBY ORDERED that the terms of the parties' stipulation shall govern any future motion to compel individual arbitration, if any, that may be filed by C.R. England, Inc. concerning Plaintiff Eric Clark's claims. (bm)
November 9, 2018 Opinion or Order Filing 116 NOTICE OF MOTION AND MOTION to Dismiss Case Counts III Through VII filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 2/25/2019 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum, #2 Proposed Order) (Hanson, James)
November 9, 2018 Opinion or Order Filing 115 WITHDRAWN ON 12/17/18. NOTICE OF MOTION AND MOTION to Strike Class Allegations of Third Amended Complaint filed by Defendant C.R. England, Inc.. Motion set for hearing on 2/25/2019 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order iso Motion to Strike) (Goldstein, Seth) Modified on 12/18/2018 (bm).
November 9, 2018 Opinion or Order Filing 114 Joint NOTICE OF MOTION AND MOTION to Dismiss Case by All Defendants filed by Defendant CRST International, Inc.. Motion set for hearing on 2/25/2019 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum in Support of Joint Motion to Dismiss, #2 Exhibit No. 1, #3 Exhibit No. 2, #4 Exhibit No. 3, #5 Exhibit No. 4, #6 Proposed Order) (Dick, James)
November 8, 2018 Opinion or Order Filing 113 STIPULATION for Order that the terms of the parties' stipulation shall govern any future motion to compel individual arbitration, if any, that may be filed by C.R. England, Inc. concerning Plaintiff Eric Clark's claims filed by Defendant C.R. England, Inc.. (Attachments: #1 Proposed Order)(Hansen, Drew)
November 7, 2018 Opinion or Order Filing 110 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/15/2018 at 2:44 p.m. re Transcript #109 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Ponce, Myra) TEXT ONLY ENTRY
November 7, 2018 Opinion or Order Filing 109 TRANSCRIPT for proceedings held on 10/15/2018 at 2:44 p.m. Court Reporter/Electronic Court Recorder: Myra L. Ponce, CSR, RDR, CRR, e-mail address myraponce@sbcglobal.net. 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 11/28/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/5/2019. (Ponce, Myra)
November 6, 2018 Opinion or Order Filing 112 ORDER by Judge Virginia A. Phillips: granting #108 Non-Resident Attorney Jeetander T. Dulani APPLICATION to Appear Pro Hac Vice on behalf of Defendants CRST International, Inc. and CRST Expedited, Inc., designating Christopher C. McNatt, Jr. as local counsel. (bm)
November 6, 2018 Opinion or Order Filing 111 ORDER by Judge Virginia A. Phillips: granting #107 Non-Resident Attorney James V. Dick APPLICATION to Appear Pro Hac Vice on behalf of Defendants CRST International, Inc. and CRST Expedited, Inc., designating Christopher C. McNatt, Jr. as local counsel. (bm)
November 2, 2018 Opinion or Order Filing 108 APPLICATION of Non-Resident Attorney Jeetander T. Dulani to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., CRST International, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22689442) filed by defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Proposed Order) (McNatt, Christopher)
November 2, 2018 Opinion or Order Filing 107 APPLICATION of Non-Resident Attorney James V. Dick to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., CRST International, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22689390) filed by defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Proposed Order) (McNatt, Christopher)
October 30, 2018 Opinion or Order Filing 106 ORDER by Judge Virginia A. Phillips, re Stipulation to Reschedule, #102 : IT IS THEREFORE ORDERED that: 1. The remaining answer, motion and/or responsive pleading deadlines as to the TAC for all Defendants are stricken. 2. The Court adopts the following briefing schedule for an omnibus motion to dismiss the Sherman Act and Cartwright Act claims and the individual motions contemplated in the stipulation: a. Defendants shall file all opening briefs by November 9, 2018; b. Plaintiffs shall file all opposition briefs by December 21, 2018; c. Defendants shall file all reply briefs by January 22, 2019. (see document for further details) (bm)
October 23, 2018 Opinion or Order Filing 105 NOTICE of Change of Attorney Business or Contact Information: for attorney Jessica Farley counsel for Defendant Southern Refrigerated Transport, Inc.. Changing firm name to Snyder Burnett Egerer, LLP. Filed by Defendant Southern Refrigerated Transport, Inc.. (Farley, Jessica)
October 23, 2018 Opinion or Order Filing 104 NOTICE of Change of Attorney Business or Contact Information: for attorney Ashley Ann Dorris counsel for Defendant Southern Refrigerated Transport, Inc.. Changing firm name to Snyder Burnett Egerer, LLP. Filed by Defendant Southern Refrigerated Transport, Inc.. (Dorris, Ashley)
October 22, 2018 Opinion or Order Filing 103 ORDER DENYING Defendant Schneider National, Inc.'s Motion to Dismiss and, in the alternative, Motion for an Order Enlarging Time (Doc. No. 85) by Judge Virginia A. Phillips Denying #85 MOTION to Dismiss for Lack of Jurisdiction: The Court DENIES Schneider's Motion to Dismiss and DENIES Schneiders Motion in the Alternative for an Order Enlarging to Move to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (bm)
October 19, 2018 Opinion or Order Filing 102 Joint STIPULATION to Reschedule Set a Briefing Schedule on Defendants' Omnibus and Individual Motions in Response to Plaintiffs' Third Amended Complaint filed by plaintiffs and defendants Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order)(Seltzer, Marc)
October 18, 2018 Opinion or Order Filing 101 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #99 RE: Stipulation to Reschedule, #98 , by Clerk of Court. Document is STRICKEN. (bm)
October 15, 2018 Opinion or Order Filing 100 MINUTES OF MOTION BY DEFENDANT SCHNEIDER NATIONAL INC. TO DISMISS THE THIRD AMENDED CLASS ACTION COMPLAINT FOR LACK OF JURISDICTION; [DOC. NO. 85] Hearing held before Judge Virginia A. Phillips: Matter called. Counsel for the parties are present as referenced above. Court Issue's tentative ruling and invites oral argument of Counsel. The Court having heard from counsel, takes the matter under submission. Court will issue final ruling. Court Reporter: Myra Ponce. (bm)
October 15, 2018 Opinion or Order Filing 99 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation #98 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Proposed order was not included as a separate, additional attachment to the Stipulation. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging with the separate, additional attachment of the proposed order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
October 12, 2018 Opinion or Order Filing 98 STRICKEN PURSUANT TO COURT ORDER DATED 10/18/18, DOCUMENT #101 . Joint STIPULATION to Reschedule Set a Briefing Schedule on Defendants' Omnibus and Individual Motions in Response to Plaintiffs' Third Amended Complaint filed by plaintiffs and defendants Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge.(Seltzer, Marc) Modified on 10/18/2018 (bm).
October 8, 2018 Opinion or Order Filing 97 RESPONSE filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorgeto Objection #93 Response to Defendant Schneider National, Inc.'s Evidentiary Objections to Declaration of Ian M. Gore (Seltzer, Marc)
October 5, 2018 Opinion or Order Filing 96 Notice of Appearance or Withdrawal of Counsel: for attorney Ashley Ann Dorris counsel for Defendant Southern Refrigerated Transport, Inc.. Adding Jessica Farley as counsel of record for Defendant Southern Refrigerated Transport, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Southern Refrigerated Transport, Inc.. (Dorris, Ashley)
October 4, 2018 Opinion or Order Filing 95 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge Virginia A. Phillips, re REQUEST #91 : The Court hereby orders that the request of: Southern Refrigerated Transport, Defendant, to substitute Ashly Ann Dorris, who is Retained Counsel, as attorney or record instead of Kai-Ching Cha. The clerk is hereby ordered to terminate Notices of Electronic Filing for the withdrawing attorney(s) in this case. (bm)
October 2, 2018 Opinion or Order Filing 94 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objections to and Motion to Strike #93 . The following error(s) was/were found: Case number is incorrect or missing. Case number indicated in caption of attached document is incorrect. Objections and Motion should have been e-filed as two separate documents. Docket entry text does not indicate noticed motion hearing date of 10/15/18, which is untimely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
October 1, 2018 Opinion or Order Filing 93 OBJECTIONS to MEMORANDUM in Opposition to Motion, #90 ; Evidentiary Objections to and Motion to Strike Portions of Declaration of Ian M. Gore [90-3] filed by Defendant Schneider National, Inc.. (Kane, Matthew)
October 1, 2018 Opinion or Order Filing 92 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #85 filed by Defendant Schneider National, Inc.. (Attachments: #1 Declaration (Supplemental) of Mary Burich, #2 Declaration of Michael Thompson)(Kane, Matthew)
September 27, 2018 Opinion or Order Filing 91 Request for Approval of Substitution or Withdrawal of Counsel filed by Defendant Southern Refrigerated Transport, Inc. (Attachments: #1 Proposed Order, #2 Proof of Service)(Dorris, Ashley)
September 24, 2018 Opinion or Order Filing 90 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #85 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Declaration of Eric Clark, #2 Declaration of Robert J. Wasserman, #3 Declaration of Ian M. Gore, #4 Proposed Order)(Seltzer, Marc)
September 17, 2018 Opinion or Order Filing 89 ORDER granting Stipulation for Extension of Time to File, #88 , by Judge Virginia A. Phillips: IT IS THEREFORE ORDERED that: 1. The remaining answer, motion and/or responsive pleading deadlines as to the TAC for all Defendants are stricken. 2. The parties shall propose a joint briefing schedule for an omnibus motion to dismiss the Sherman Act and Cartwright Act claims and any other individual motions to dismiss under Fed. R. Civ. P. 12(b)(6) by October 12, 2018. The Parties shall further propose to the Court deadlines for a Rule 26(f) conference, Rule 26(f) report, and scheduling conference by October 12, 2018, including whether such proceedings should be held in abeyance until the Defendants' challenges pursuant to Rule 12(b)(6) pursuant to this Stipulation are heard and decided by the Court. 3. The scheduling conference previously scheduled for September 2018 in the Court's April 27, 2018 Order (ECF No. 48) is vacated.4. If the parties cannot agree on a briefing schedule for an omnibus motion by October 12, 2018, or if the parties conclude that an omnibus motion is not feasible, each Defendant's motion to dismiss, answer, or other responsive pleading shall be filed by October 29, 2018. Responses to such motions shall be filed by November 30, 2018 and reply briefs shall be filed by December 21, 2018. (bm)
September 13, 2018 Opinion or Order Filing 88 Joint STIPULATION for Extension of Time to File Answer to Third Amended Complaint and Continue Response Deadlines for all Defendants filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Proposed Order)(Hanson, James)
September 12, 2018 Opinion or Order Filing 87 STIPULATION Extending Time to Answer the complaint as to Western Express, Inc. answer now due 10/17/2018, re Amended Complaint/Petition #55 filed by Defendant Western Express, Inc..(Attorney Richard D Marca added to party Western Express, Inc.(pty:dft))(Marca, Richard)
September 11, 2018 Opinion or Order Filing 86 Notice of Appearance or Withdrawal of Counsel: for attorney Amy E Beverlin counsel for Defendant Schneider National, Inc.. Adding Amy E. Beverlin as counsel of record for Schneider National, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Schneider National, Inc.. (Attorney Amy E Beverlin added to party Schneider National, Inc.(pty:dft))(Beverlin, Amy)
September 10, 2018 Opinion or Order Filing 85 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Schneider National, Inc.. Motion set for hearing on 10/15/2018 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Proposed Order) (Kane, Matthew)
August 31, 2018 Opinion or Order Filing 84 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation Extending Time to Answer #77 by Judge Virginia A. Phillips. The document is STRICKEN. In accordance with the Notice to Filer of Deficiencies #79 , Stipulation #77 appears to be a duplicate of Stipulation #78 , without the proposed Order. (cw)
August 30, 2018 Opinion or Order Filing 83 Notice of Appearance or Withdrawal of Counsel: for attorney Roy Z Silva counsel for Defendant C.R. England, Inc.. Adding Roy Z. Silva as counsel of record for Defendant C.R. England, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant C. R. England, Inc.. (Attorney Roy Z Silva added to party C.R. England, Inc.(pty:dft))(Silva, Roy)
August 30, 2018 Opinion or Order Filing 82 PROOF OF SERVICE Executed by Plaintiff Clois McClendon, Mark McGeorge, Curtis Markson, Eric Clark, upon Defendant Western Express, Inc. served on 8/27/2018, answer due 9/17/2018. Service of the Summons and Complaint were executed upon Caros Paz, Person Authorized to Accept in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Wasserman, Robert)
August 30, 2018 Opinion or Order Filing 81 Notice of Appearance or Withdrawal of Counsel: for attorney Drew R Hansen counsel for Defendant C.R. England, Inc.. Adding Drew R. Hansen as counsel of record for Defendant C.R. England, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant C. R. England, Inc.. (Attorney Drew R Hansen added to party C.R. England, Inc.(pty:dft))(Hansen, Drew)
August 29, 2018 Opinion or Order Filing 80 ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO THIRD AMENDED COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 7-1) #78 , by Judge Virginia A. Phillips: GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED THAT: Pursuant to the stipulation of the parties, Defendant Southern Refrigerated Transport, Inc. shall have until September 24, 2018 to file an Answer or otherwise respond to Plaintiffs' Third Amended Class Action Complaint. (bm)
August 29, 2018 Opinion or Order Filing 79 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulations Extending Time to Answer #77 , #78 . The following error(s) was/were found: Documents appear to be duplicates of each other, except document #78 has a separate, additional attachment of a proposed order In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
August 28, 2018 Opinion or Order Filing 78 STIPULATION Extending Time to Answer the complaint as to re Amended Complaint/Petition #55 filed by Defendant Southern Refrigerated Transport, Inc.. (Attachments: #1 Proposed Order)(Cha, Kai-Ching)
August 28, 2018 Opinion or Order Filing 77 **STRICKEN** STIPULATION Extending Time to Answer the complaint as to Southern Refrigerated Transport, Inc. answer now due 9/24/2018, filed by Defendant Southern Refrigerated Transport, Inc..(Attorney Kai-Ching Cha added to party Southern Refrigerated Transport, Inc.(pty:dft))(Cha, Kai-Ching) Modified on 8/31/2018 (cw).
August 27, 2018 Opinion or Order Filing 76 ORDER APPROVING STIPULATION TO EXTEND NAMED DEFENDANT SCHNEIDER NATIONAL, INC.'S TIME TO RESPOND TO THIRD AMENDED COMPLAINTgranting Stipulation #75 , by Judge Virginia A. Phillips: The Court, having reviewed the Stipulation, and good cause appearing therefor, HEREBY GRANTS the Stipulation and ORDERS as follows: (1) Schneider's time within which to answer or otherwise file any motions or other pleadings responsive to Plaintiffs' TAC in this action shall be and hereby is extended by two weeks, up to and including September 10, 2018; and (2) Schneider in no way waives, and has fully and expressly reserved, any and all rights, claims, remedies, and defenses it has or may have in this action, including, without limitation, with respect to personal jurisdiction and/or service of process. (bm)
August 24, 2018 Opinion or Order Filing 75 Joint STIPULATION Extending Time to Answer the complaint as to Schneider National, Inc. answer now due 9/10/2018, re Amended Complaint/Petition #55 filed by Defendant Schneider National, Inc.. (Attachments: #1 Proposed Order)(Attorney Matthew Charles Kane added to party Schneider National, Inc.(pty:dft))(Kane, Matthew)
August 16, 2018 Opinion or Order Filing 74 ORDER by Judge Virginia A. Phillips: granting #70 Non-Resident Attorney Matthew R. Berry APPLICATION to Appear Pro Hac Vice on behalf of Eric Clark, Clois McClendon, Curtis Markson and Mark McGeorge, designating Marc M Seltzer as local counsel. (lom)
August 16, 2018 Opinion or Order Filing 73 CERTIFICATE of Interested Parties filed by Defendant C.R. England, Inc., (Goldstein, Seth)
August 16, 2018 Opinion or Order Filing 72 CORPORATE DISCLOSURE STATEMENT filed by Defendant C.R. England, Inc. (Goldstein, Seth)
August 16, 2018 Opinion or Order Filing 71 Joint STIPULATION Extending Time to Answer the complaint as to C.R. England, Inc. answer now due 9/21/2018, filed by Defendant C.R. England, Inc..(Attorney Seth M Goldstein added to party C.R. England, Inc.(pty:dft))(Goldstein, Seth)
August 14, 2018 Opinion or Order Filing 70 APPLICATION of Non-Resident Attorney Matthew R. Berry to Appear Pro Hac Vice on behalf of Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22251873) filed by plaintiff Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order) (Seltzer, Marc)
August 13, 2018 Opinion or Order Filing 69 ORDER granting Stipulation Extending Time to Answer #66 , by Judge Virginia A. Phillips: This matter is before the Court on the parties' Joint Stipulation to ContinueResponse Deadline for CRST International, Inc. and CRST Expedited, Inc. ("CRST") to file an answer or otherwise respond to the Third Amended Complaint. The Court, having reviewed the stipulation and good cause appearing therein, now finds that it should be granted. IT IS THEREFORE ORDERED that CRS's deadline to answer or otherwise respond to Plaintiffs' Third Amended Complaint is extended to September 17, 2018. (bm)
August 13, 2018 Opinion or Order Filing 68 ORDER by Judge Virginia A. Phillips: granting #62 Non-Resident Attorney Ian M Gore APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Curtis Markson, Mark McGeorge, Clois McClendon and Eric Clerk, designating Marc M. Seltzer as local counsel. (bm)
August 9, 2018 Opinion or Order Filing 67 PROOF OF SERVICE Executed by Plaintiff Clois McClendon, Mark McGeorge, Curtis Markson, Eric Clark, upon Defendant Schneider National, Inc. served on 8/6/2018, answer due 8/27/2018. Service of the Summons and Complaint were executed upon Meghan Hellman, Paralegal in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Wasserman, Robert)
August 8, 2018 Opinion or Order Filing 66 Joint STIPULATION Extending Time to Answer the complaint as to CRST International, Inc. answer now due 9/17/2018; CRST Expedited, Inc. answer now due 9/17/2018, filed by Defendants CRST International, Inc.; CRST Expedited, Inc.. (Attachments: #1 Proposed Order)(Hanson, James)
August 8, 2018 Opinion or Order Filing 65 PROOF OF SERVICE Executed by Plaintiff Clois McClendon, Mark McGeorge, Curtis Markson, Eric Clark, upon Defendant Southern Refrigerated Transport, Inc. served on 8/3/2018, answer due 8/24/2018. Service of the Summons and Complaint were executed upon Jeff Johnson, Agent for Corporation Service Company in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Wasserman, Robert)
August 7, 2018 Opinion or Order Filing 64 PROOF OF SERVICE Executed by Plaintiff Clois McClendon, Mark McGeorge, Curtis Markson, Eric Clark, upon Defendant C.R. England, Inc. served on 8/2/2018, answer due 8/23/2018. Service of the Summons and Complaint were executed upon Carlos Paz, Person Authorized to Accept Service, C T Corporation in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Wasserman, Robert)
August 6, 2018 Opinion or Order Filing 63 PROOF OF SERVICE Executed by Plaintiff Clois McClendon, Mark McGeorge, Curtis Markson, Eric Clark, upon Defendant Western Express, Inc. served on 8/3/2018, answer due 8/24/2018. Service of the Summons and Complaint were executed upon Kurt "Doe", Manager in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Wasserman, Robert)
August 6, 2018 Opinion or Order Filing 62 APPLICATION of Non-Resident Attorney Ian M. Gore to Appear Pro Hac Vice on behalf of Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22203804) filed by Plaintiff Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order) (Seltzer, Marc)
August 2, 2018 Opinion or Order Filing 61 21 DAY Summons Issued re Third Amended Complaint #55 as to Defendants C.R. England, Inc., CRST Expedited, Inc., CRST International, Inc., Does, Schneider National, Inc., Southern Refrigerated Transport, Inc., Western Express, Inc. (bm)
August 1, 2018 Opinion or Order Filing 60 Request for Clerk to Issue Summons on Amended Complaint/Petition #55 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Wasserman, Robert)
August 1, 2018 Opinion or Order Filing 59 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #58 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (bm)
July 31, 2018 Opinion or Order Filing 58 Request for Clerk to Issue Summons on Amended Complaint/Petition #55 filed by Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. (Wasserman, Robert)
July 26, 2018 Opinion or Order Filing 57 Notice of Appearance or Withdrawal of Counsel: for attorney Steven G Sklaver counsel for Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Adding Steven G. Sklaver as counsel of record for Curtis Markson, Mark McGeorge, Clois McClendon and Eric Clark for the reason indicated in the G-123 Notice. Filed by Plaintiffs Curtis Markson, Mark McGeorge, Clois McClendon and Eric Clark. (Attorney Steven G Sklaver added to party Eric Clark(pty:pla), Attorney Steven G Sklaver added to party Clois McClendon(pty:pla), Attorney Steven G Sklaver added to party Curtis Markson(pty:pla), Attorney Steven G Sklaver added to party Mark McGeorge(pty:pla))(Sklaver, Steven)
July 26, 2018 Opinion or Order Filing 56 Notice of Appearance or Withdrawal of Counsel: for attorney Marc M Seltzer counsel for Plaintiffs Eric Clark, Clois McClendon, Curtis Markson, Mark McGeorge. Adding Marc M. Seltzer as counsel of record for Curtis Markson, Mark McGeorge, Clois McClendon and Eric Clark for the reason indicated in the G-123 Notice. Filed by Plaintiffs Curtis Markson, Mark McGeorge, Clois McClendon and Eric Clark. (Attorney Marc M Seltzer added to party Eric Clark(pty:pla), Attorney Marc M Seltzer added to party Clois McClendon(pty:pla), Attorney Marc M Seltzer added to party Curtis Markson(pty:pla), Attorney Marc M Seltzer added to party Mark McGeorge(pty:pla))(Seltzer, Marc)
July 26, 2018 Opinion or Order Filing 55 THIRD AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition, #50 , filed by Plaintiffs Curtis Markson, Mark McGeorge (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Wasserman, Robert)
July 20, 2018 Opinion or Order Filing 54 ORDER granting Stipulation for Extension of Time to File #53 by Judge Virginia A. Phillips: This matter is before the Court on the parties' Joint Stipulation to Continue Response Deadline for Defendants to file a response to the Second Amended Complaint. The Court, having reviewed the motion, now finds that it should be granted. IT IS THEREFORE ORDERED that the Defendants deadline to respond to Plaintiffs' Second Amended Complaint is extended to August 3, 2018. (bm)
July 19, 2018 Opinion or Order Filing 53 Joint STIPULATION for Extension of Time to File Answer to Second Amended Complaint filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Proposed Order)(Hanson, James)
May 21, 2018 Opinion or Order Filing 52 ORDER granting Stipulation to Extend Time to Answer #51 by Judge Virginia A. Phillips: This matter is before the Court on the parties' Joint Stipulation to Continue Response Deadline for Defendants to file a response to the Second Amended Complaint. The Court, having reviewed the motion, now finds that it should be granted. IT IS THEREFORE ORDERED that the Defendants' deadline to respond to Plaintiffs' Second Amended Complaint is extended to July 20, 2018. (bm)
May 17, 2018 Opinion or Order Filing 51 Joint STIPULATION for Extension of Time to File Answer to July 20, 2018 re Amended Complaint/Petition, #50 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Proposed Order)(Hanson, James)
April 30, 2018 Opinion or Order Filing 50 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition, #42 , filed by Plaintiffs Curtis Markson, Mark McGeorge (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Wasserman, Robert)
April 27, 2018 Opinion or Order Filing 49 ORDER GRANTING PLAINTIFFS LEAVE TO WITHDRAWAL THEIR MOTION FOR CLASS CERTIFICATION, LEAVE TO AMEND, AND SETTING A SCHEDULING CONFERENCE by Judge Virginia A. Phillips, re Stipulation for Leave, #47 : Pursuant to the Parties' stipulation, IT IS HEREBY ORDERED that: 1. Having satisfied the administrative prerequisites under Labor Code section 2699.3 to bring a private civil action under the Private Attorneys General Act, Plaintiffs shall have leave to file their Second Amended Complaint in order to add a cause of action under the PAGA. 2. Plaintiffs' currently pending Motion for Class Certification shall be withdrawn without prejudice. 3. Said withdrawal is further without prejudice to Plaintiffs' right to file a subsequent Motion for Class Certification once the pleadings have been set. 4. Local Rule 23-3 is vacated and shall not establish the filing deadline for Plaintiffs' subsequent Motion for Class Certification. 5. Plaintiffs shall have leave to file a Third Amended Complaint within 90 days. Said amendment shall be made pursuant to Federal Rules of Civil Procedure, Rule 15, and Defendants shall have 21 days to file a response pleading. 6. On _September xxx, 2018, the Parties shall convene for a Scheduling Conference to set an appropriate schedule for the litigation of this matter including, but not limited to, the deadline 4. Local Rule 23-3 is vacated and shall not establish the filing deadline for Plaintiffs' subsequent Motion for Class Certification. 5. Plaintiffs shall have leave to file a Third Amended Complaint within 90 days. Said amendment shall be made pursuant to Federal Rules of Civil Procedure, Rule 15, and Defendants shall have 21 days to file a response pleading. 6. On _September xxx, 2018, the Parties shall convene for a Scheduling Conference to set an appropriate schedule for the litigation of this matter including, but not limited to, the deadline for any further amendments, if necessary, the filing of Plaintiff's Motion for Class Certification, the completion of discovery, the designation of experts, and trial. (bm)
April 19, 2018 Opinion or Order Filing 48 (IN CHAMBERS) SCHEDULING NOTICE: On the Court's own motion, the hearing on Plaintiff's Motion for Class Certification #20 , set 4/23/2018, is hereby TAKEN OFF CALENDAR pending further order of the Court. No appearance will be necessary, by Chief Judge Virginia A. Phillips THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY
April 18, 2018 Opinion or Order Filing 47 STIPULATION for Leave to TO AMEND, AND SETTING A SCHEDULING CONFERENCE AND WITHDRAWAL OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION WITHOUT PREJUDICE filed by Plaintiffs Curtis Markson, Mark McGeorge. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Proposed Order)(Wasserman, Robert)
March 23, 2018 Opinion or Order Filing 46 ORDER by Judge Virginia A. Phillips, re Stipulation to Continue, #43 : This matter is before the Court on the parties' Joint Stipulation to Continue the class certification hearing scheduled for March 26, 2018, at 2:00 p.m. The Court, having reviewed the Joint Stipulation and finding good cause for the continuance of the hearing, approves the Joint Stipulation and orders that the hearing on Plaintiffs' Motion for Class Certification be rescheduled for April 23, 2018 at 2:00 p.m. (bm)
March 23, 2018 Opinion or Order Filing 45 (IN CHAMBERS) SCHEDULING NOTICE: On the Court's own motion, plaintiff's motion for class certification #20 is TAKEN OFF CALENDAR for 3/26/18 by Chief Judge Virginia A. Phillips. No appearance by counsel will be necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY
March 22, 2018 Opinion or Order Filing 44 ANSWER to Amended Complaint/Petition, #42 filed by Defendant CRST Expedited, Inc., CRST International, Inc..(Hanson, James)
March 20, 2018 Opinion or Order Filing 43 Joint STIPULATION to Continue Hearing from March 26, 2018 to April 23, 2018 Re: NOTICE OF MOTION AND MOTION to Certify Class #20 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Proposed Order)(Hanson, James)
March 1, 2018 Opinion or Order Filing 42 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery),, filed by Plaintiffs Curtis Markson, Mark McGeorge (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Wasserman, Robert)
February 26, 2018 Opinion or Order Filing 41 ORDER GRANTING PLAINTIFFS' LEAVE TO FILE FIRST AMENDED CLASS ACTION COMPLAINT, DISMISSING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS WITHOUT PREJUDICE, AND CONTINUING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by Judge Virginia A. Phillips, re Stipulation for Leave, #40 : Pursuant to the Parties' stipulation, IT IS HEREBY ORDERED that: 1. Plaintiffs Curtis Markson and Mark McGeorge shall have leave to file the attached First Amended Class Action Complaint in place of the operative Class Action Complaint in the above-captioned matter; 2. Defendants CRST International, Inc. and CRST Expedited, Inc. shall have twenty-one (21) days after service of the filed First Amended Class Action Complaint within which to answer or otherwise plead in response thereto; 3. Defendants' Motion for Judgment on the Pleadings shall be dismissed without prejudice; and 4. Plaintiffs' Motion for Class Certification shall be continued for thirty (30) days to March 26, 2018 at 2:00 p.m. (bm)
February 21, 2018 Opinion or Order Filing 40 STIPULATION for Leave to FILE FIRST AMENDED CLASS ACTION COMPLAINT, DISMISSING DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS WITHOUT PREJUDICE, AND CONTINUING PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by Plaintiffs Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order)(Wasserman, Robert)
February 12, 2018 Opinion or Order Filing 39 REPLY in support of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Dismissal of Plaintiffs' Class Action Complaint #33 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Hanson, James)
January 10, 2018 Opinion or Order Filing 38 ORDER by Judge Virginia A. Phillips, re Stipulation to Continue, #36 : Good cause shown, the Court hereby approves the Joint Stipulation and orders the following: 1. The hearings on Plaintiffs' Motion for Class Certification and Defendants' Motion for Judgment on the Pleadings shall be continued from January 29, 2018 until February 26, 2018; 2. Plaintiffs' memorandum of points and authorities in opposition to Defendant's Motion for Judgment on the Pleadings shall be filed on or before January 26, 2018; and 3. Defendants' reply memorandum of points and authorities in further support of its Motion for Judgment on the Pleadings shall be filed on or before February 12, 2018. (bm)
January 8, 2018 Opinion or Order Filing 37 OPPOSITION re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Dismissal of Plaintiffs' Class Action Complaint #33 filed by Plaintiffs Curtis Markson, Mark McGeorge. (Wasserman, Robert)
January 5, 2018 Opinion or Order Filing 36 STIPULATION to Continue Plaintiffs Motion for Class Certification and Defendants Motion for Judgment on the Pleadings from January 29, 2018 to February 26, 2018 filed by Plaintiffs Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order)(Wasserman, Robert)
December 18, 2017 Opinion or Order Filing 35 STATUS REPORT (JOINT) filed by Plaintiffs Curtis Markson, Mark McGeorge. (Wasserman, Robert)
December 5, 2017 Opinion or Order Filing 34 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Dismissal of Plaintiffs' Class Action Complaint #33 (Attachments: #1 Proposed Order)(Hanson, James)
December 5, 2017 Opinion or Order Filing 33 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Dismissal of Plaintiffs' Class Action Complaint filed by Defendants CRST Expedited, Inc., CRST International, Inc.. Motion set for hearing on 1/29/2018 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Judgment on the Pleadings) (Hanson, James)
October 25, 2017 Opinion or Order Filing 32 ORDER GRANTING DEFENDANTS' UNOPPOSED EX PARTE APPLICATION TO ACCEPT LATE FILING by Judge Virginia A. Phillips granting #28 EX PARTE APPLICATION: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the October 9, 2017 late filing of Defendants' Opposition to Plaintiffs' Motion for Class Certification (ECF No. 24) is excused under Fed. R. Civ. P. 6(b)(1)(B) and the Opposition is hereby accepted as timely filed. (bm)
October 20, 2017 Opinion or Order Filing 31 MINUTE ORDER (IN CHAMBERS) CONTINUING HEARING ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION FROM OCTOBER 30, 2017 TO JANUARY 29, 2018 by Judge Virginia A. Phillips: On October 18, 2017, this case was transferred from the Hon. R. Gary Klausner to this Court. (Doc. No. 29.) Prior to the case being transferred, Plaintiff's Motion for Class Certification had been set for a hearing before Judge Klausner on October 30, 2017. (Doc. Nos. 20, 22.) On the Court's own motion, the Court now continues the hearing on Plaintiff's Motion from October 30, 2017 to January 29, 2018 at 2:00 p.m. Furthermore, the parties are directed to file a status report within ten days of attending mediation. (bm)
October 19, 2017 Opinion or Order Filing 30 STANDING ORDER ISSUED by Chief Judge Virginia A. Phillips. (bh)
October 18, 2017 Opinion or Order Filing 29 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 5:15-cv-00878 VAP (SPx). Case transferred from Judge R. Gary Klausner and Magistrate Judge Alka Sagar to Judge Virginia A. Phillips and Magistrate Judge Sheri Pym for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:17-cv-01261 VAP (SPx). Signed by Judge Virginia A. Phillips (esa)
October 18, 2017 Opinion or Order Filing 28 EX PARTE APPLICATION for Order for Accepting Late Filing of Opposition to Plaintiffs' Motion for Class Certification (ECF No. 24) filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Proposed Order) (Taylor, R)
October 16, 2017 Opinion or Order Filing 27 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Certify Class #20 filed by Plaintiffs Curtis Markson, Mark McGeorge. (Wasserman, Robert)
October 10, 2017 Opinion or Order Filing 26 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge R. Gary Klausner: GRANTING #23 Non-Resident Attorney Charles Andrewscavage APPLICATION to Appear Pro Hac Vice on behalf of Defendants CRST International, Inc. and CRST Expedited, Inc., designating Megan E. Ross as local counsel. (pso)
October 10, 2017 Opinion or Order Filing 25 NOTICE of Appearance filed by attorney Vladimir J Kozina on behalf of Plaintiffs Curtis Markson, Mark McGeorge (Attorney Vladimir J Kozina added to party Curtis Markson(pty:pla), Attorney Vladimir J Kozina added to party Mark McGeorge(pty:pla))(Kozina, Vladimir)
October 9, 2017 Opinion or Order Filing 24 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class #20 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Exhibit Exhibit A - Taylor Declaration, #2 Exhibit Exhibit A-1 Brueck Deposition, #3 Exhibit Exhibit A-2 FMCSA Website Page, #4 Exhibit Exhibit A-3 Abernathy Deposition, #5 Exhibit Exhibit A-4 Markson Deposition, #6 Exhibit A-5 McGeorge Deposition, #7 Exhibit Exhibit A-6 Emails regarding Plaintiffs' depositions, #8 Exhibit Exhibit A-7 Emails regarding the deposition of Plaintiff Markson)(Hanson, James)
October 9, 2017 Opinion or Order Filing 23 APPLICATION of Non-Resident Attorney Charles Andrewscavage to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., CRST International, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20629838) filed by defendants CRST Expedi ted, Inc., CRST International, Inc.. (Attachments: #1 Proposed Order) (Ross, Megan)
September 29, 2017 Opinion or Order Filing 22 ORDER by Judge R. Gary Klausner, denying Stipulation to Continue Class Certification Hearing and Vacate Briefing Deadlines #21 . (sw)
September 28, 2017 Opinion or Order Filing 21 Joint STIPULATION to Continue the hearing on Plaintiffs' Motion for Class Certification (ECF No. 20) from October 30, 2017 to January 29, 2018 Re: NOTICE OF MOTION AND MOTION to Certify Class #20 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Proposed Order)(Taylor, R)
September 20, 2017 Opinion or Order Filing 20 WITHDRAWN PURSUANT TO COURT ORDER DATED 4/27/18, DOCUMENT #49 . NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Curtis Markson, Mark McGeorge. Motion set for hearing on 10/30/2017 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum, #2 Declaration of Robert J. Wasserman, #3 Exhibit A - Brueck Transcript, #4 Exhibit B - Abernathy Transcript, #5 Exhibit C - Hedges Transcript, #6 Exhibit D - Brueck Depo, Ex. 6, #7 Exhibit E - Abernathy Depo, Ex. 7, #8 Exhibit F - Abernathy Depo, Ex. 8, #9 Exhibit G - Abernathy Depo, Ex. 9, #10 Exhibit H - Abernathy Depo, Ex. 10, #11 Exhibit I - Abernathy Depo, Ex. 12, #12 Exhibit J - Abernaty Depo, Ex. 21, #13 Exhibit K - Hodges Depo, Ex. 21, #14 Exhibit L - Hodges Depo, Ex. 22, #15 Exhibit M - Hodges Depo, Ex. 23, #16 Declaration of Plaintiff Mark McGeorge, #17 Exhibit 1 - Pre-Employment Driver Training Agreement, #18 Exhibit 2 - Assignment of Wages and Payroll Deduction Agreement, #19 Exhibit 3 - 2nd Assignment of Wages and Payroll Deduction Agreement, #20 Exhibit 4 - Driver Employment Contract, #21 Exhibit 5 - Wage Statements, #22 Exhibit 6 - Collection Agency Letter, #23 Declaration of Plaintiff Curtis Markson, #24 Exhibit 1 - Assignment of Wages and Payroll Deduction Agreement, #25 Exhibit 2 - Driver Employment Contract, #26 Exhibit 3 - Wage Statements, #27 Declaration of Craig Ackermann, #28 Declaration of Jonathan Melmed, #29 Request for Judicial Notice, #30 Exhibit 1 - Order, #31 Proposed Order) (Wasserman, Robert) Modified on 4/30/2018 (bm).
August 28, 2017 Opinion or Order Filing 19 ORDER DENYING JOINT STIPULATION TO WAIVE LOCAL RULE 23-3 by Judge R. Gary Klausner, #18 . Denied by Order of the Court. (pso)
August 25, 2017 Opinion or Order Filing 18 Joint STIPULATION to Vacate Plaintiffs' deadline to file motion for class certification under local rule 23-3 filed by plaintff Curtis Markson, Mark McGeorge. (Attachments: #1 Proposed Order)(Ackermann, Craig)
July 28, 2017 Opinion or Order Filing 17 ORDER by Judge R. Gary Klausner: Granting #14 Non-Resident Attorney James H. Hanson APPLICATION to Appear Pro Hac Vice on behalf of Defendant CRST International, Inc. and CRST Expedited, Inc., designating Megan E. Ross as local counsel. (ah)
July 28, 2017 Opinion or Order Filing 16 Joint STIPULATION to Transfer Case to Judge Virginia Phillips' Chambers filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Attachments: #1 Proposed Order)(Taylor, R)
July 27, 2017 Opinion or Order Filing 15 Amendment to APPLICATION of Non-Resident Attorney James H. Hanson to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., CRST International, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20238032) #14 filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Ross, Megan)
July 25, 2017 Opinion or Order Filing 14 APPLICATION of Non-Resident Attorney James H. Hanson to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., CRST International, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20238032) filed by Defendants CRST Expedited, I nc., CRST International, Inc.. (Attachments: #1 Proposed Order) (Ross, Megan)
July 5, 2017 Opinion or Order Filing 13 ORDER GRANTING APPLICATION of Non-Resident Attorney Adam J. Eakman to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., and CRST International, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20103425) #10 Designating Ross, Megan E. as local counsel, by Judge R. Gary Klausner. (yl)
July 5, 2017 Opinion or Order Filing 12 ORDER GRANTING APPLICATION of Non-Resident Attorney R. Jay Taylor, Jr. to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc. and CRST International, Inc. (Pro Hac Vice Fee Fee Paid, Receipt No. 0973-20103615) #11 and designating Megan E. Ross as local counsel, by Judge R. Gary Klausner. (yl)
June 29, 2017 Opinion or Order Filing 11 APPLICATION of Non-Resident Attorney R. Jay Taylor, Jr. to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., CRST International, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20103615) filed by defendants CRST Expedited , Inc., CRST International, Inc.. (Attachments: #1 Proposed Order) (Ross, Megan)
June 29, 2017 Opinion or Order Filing 10 APPLICATION of Non-Resident Attorney Adam J. Eakman to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., CRST International, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20103425) filed by defendants CRST Expedited, In c., CRST International, Inc.. (Attachments: #1 Proposed Order) (Ross, Megan)
June 26, 2017 Opinion or Order Filing 9 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
June 23, 2017 Opinion or Order Filing 8 NOTICE of Related Case(s) filed by defendants CRST Expedited, Inc., CRST International, Inc.. Related Case(s): 5:15-cv-00878-VAP-SP (Ross, Megan)
June 23, 2017 Opinion or Order Filing 7 AMENDED CIVIL COVER SHEET filed by Defendants CRST Expedited, Inc., CRST International, Inc.. (Ross, Megan)
June 23, 2017 Opinion or Order Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
June 23, 2017 Opinion or Order Filing 5 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Alka Sagar for discovery. Pursuant to General Order 16-05, this case has been randomly reassigned to District Judge R. Gary Klausner. The case number on all documents filed with the Court in this case should read as follows: 5:17-cv-01261-RGK (ASx). (et)
June 23, 2017 Opinion or Order Filing 4 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Eastern Division. Case has been assigned to Judge Jesus G. Bernal for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Alka Sagar. New Case Number 5:17-cv-01261-JGB (ASx). (et)
June 22, 2017 Opinion or Order CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants CRST Expedited, Inc., CRST International, Inc., Does 1-100, inclusive. Jury Demanded., filed by Plaintiffs Curtis Markson, Mark McGeorge. [FILED IN STATE COURT ON 5/15/2017 SUBMITTED ATTACHED TO NOTICE OF REMOVAL AS ATTACHMENT #1] (et)
June 22, 2017 Opinion or Order Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant CRST Expedited, Inc. (Ross, Megan)
June 22, 2017 Opinion or Order Filing 2 CIVIL COVER SHEET filed by Defendant CRST Expedited, Inc.. (Ross, Megan)
June 22, 2017 Opinion or Order Filing 1 NOTICE OF REMOVAL from San Bernardino County Superior Court, case number CIVDS1709404 Receipt No: 0973-20068954 - Fee: $400, filed by Defendant CRST Expedited, Inc.. (Attachments: #1 Exhibit A part 1, #2 Exhibit A part 2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Attorney Megan Emslie Ross added to party CRST Expedited, Inc.(pty:dft))(Ross, Megan)

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Search for this case: Curtis Markson et al v. CRST International, Inc. et al
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Plaintiff: Curtis Markson
Represented By: William J Gorham, III
Represented By: Brandon Hallett Thomas
Represented By: Craig J Ackermann
Represented By: Ian M Gore
Represented By: Jonathan Melmed
Represented By: Krysta Kauble Pachman
Represented By: Marc M Seltzer
Represented By: Matthew R Berry
Represented By: Nicholas J Scardigli
Represented By: Robert J Wasserman
Represented By: Rohit D Nath
Represented By: Steven G. Sklaver
Represented By: Vladimir J Kozina
Represented By: Robert Wassermann
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Plaintiff: Mark McGeorge
Represented By: William J Gorham, III
Represented By: Brandon Hallett Thomas
Represented By: Craig J Ackermann
Represented By: Ian M Gore
Represented By: Jonathan Melmed
Represented By: Krysta Kauble Pachman
Represented By: Marc M Seltzer
Represented By: Matthew R Berry
Represented By: Nicholas J Scardigli
Represented By: Robert J Wasserman
Represented By: Rohit D Nath
Represented By: Steven G. Sklaver
Represented By: Vladimir J Kozina
Represented By: Robert Wassermann
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Plaintiff: Eric Clark
Represented By: Brandon Hallett Thomas
Represented By: Craig J Ackermann
Represented By: Ian M Gore
Represented By: Jonathan Melmed
Represented By: Krysta Kauble Pachman
Represented By: Steven G. Sklaver
Represented By: Marc M Seltzer
Represented By: Matthew R Berry
Represented By: Robert J Wasserman
Represented By: Rohit D Nath
Represented By: Robert Wassermann
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Plaintiff: Clois McClendon
Represented By: Brandon Hallett Thomas
Represented By: Craig J Ackermann
Represented By: Ian M Gore
Represented By: Jonathan Melmed
Represented By: Krysta Kauble Pachman
Represented By: Marc M Seltzer
Represented By: Matthew R Berry
Represented By: Robert J Wasserman
Represented By: Rohit D Nath
Represented By: Steven G. Sklaver
Represented By: Robert Wassermann
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Defendant: CRST International, Inc.
Represented By: Charles Andrewscavage
Represented By: Christopher Chad McNatt, Jr
Represented By: Adam J Eakman
Represented By: Clare Cavaliero Pincoski
Represented By: David C. Grossman
Represented By: Emily Hsuan Fang Huang
Represented By: James V Dick
Represented By: James H. Hanson
Represented By: Jared S. Kramer
Represented By: Jeetander T Dulani
Represented By: Megan Emslie Ross
Represented By: R Jay Taylor, Jr
Represented By: Adam C Smedstad
Represented By: E. Ashley Paynter
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Defendant: CRST Expedited, Inc. doing business as CRST The Transportation Solution Inc
Represented By: Adam J Eakman
Represented By: Charles Andrewscavage
Represented By: Christopher Chad McNatt, Jr
Represented By: Clare Cavaliero Pincoski
Represented By: David C. Grossman
Represented By: Emily Hsuan Fang Huang
Represented By: James V Dick
Represented By: James H. Hanson
Represented By: Jared S. Kramer
Represented By: Megan Emslie Ross
Represented By: R Jay Taylor, Jr
Represented By: Adam C Smedstad
Represented By: E. Ashley Paynter
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Defendant: Does 1-100, inclusive
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Defendant: C.R. England, Inc.
Represented By: Drew R Hansen
Represented By: J Randall Boyer
Represented By: Julia Botezatu
Represented By: Roy Z Silva
Represented By: Seth M Goldstein
Represented By: Emily Hsuan Fang Huang
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Defendant: Western Express, Inc.
Represented By: Ankit H Bhakta
Represented By: Christopher S Milligan
Represented By: Jeff T Olsen
Represented By: Richard D Marca
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Defendant: Schneider National, Inc.
Represented By: Amy E Beverlin
Represented By: Amy B Manning
Represented By: Jason L Chrestionson
Represented By: Johnny B Justus
Represented By: Matthew Charles Kane
Represented By: Nicholas J Giles
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Defendant: Southern Refrigerated Transport, Inc.
Represented By: Ashley Dorris Egerer
Represented By: Jessica Farley
Represented By: Christopher J Merrick
Represented By: Jeffrey K Riffer
Represented By: Kai-Ching Cha
Represented By: Timothy L Frey
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Defendant: Schneider National Carriers Inc
Represented By: Amy E Beverlin
Represented By: Amy B Manning
Represented By: Andre V. Keels
Represented By: Jasmine K. Gardner
Represented By: Jason L Chrestionson
Represented By: Johnny B Justus
Represented By: Kali M. Yallourakis
Represented By: Matthew Charles Kane
Represented By: Nicholas J Giles
Represented By: Sabrina A Beldner
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Defendant: Covenant Transport, Inc.
Represented By: Jeffrey K Riffer
Represented By: Christopher J Merrick
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Defendant: Paschall Truck Lines Inc
Represented By: Jeffrey K Riffer
Represented By: Judy L. Woods
Represented By: Kate E. Trinkle
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Defendant: Stevens Transport Inc
Represented By: Brian C Mohr
Represented By: Craig J de Recat
Represented By: Emil Petrossian
Represented By: Hilary Soloff
Represented By: Jeffrey K Riffer
Represented By: Joshua N. Drian
Represented By: Lillian Ava Levy
Represented By: Mario R Cardona
Represented By: Patrick J. Pascarella
Represented By: Craig J. de Recat
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Defendant: Paschall Truck Lines, Inc.
Represented By: Jeffrey K Riffer
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Defendant: Western Express, Inc. doing business as Western Express Transport of California Inc
Represented By: Ankit H Bhakta
Represented By: Christopher S Milligan
Represented By: Jeff T Olsen
Represented By: Robert Anthony Escalante
Represented By: Richard D Marca
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Interested party: United States of America
Represented By: Eric D. Dunn
Represented By: Eric A. Posner
Represented By: Joanne I. Osinoff
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