Alfred Johnson v. Winco Foods, LLC et al
| Alfred Johnson |
| Winco Holdings, Inc., Winco Foods, LLC and DOES 1 through 10, inclusive |
| 5:2017cv02288 |
| November 9, 2017 |
| US District Court for the Central District of California |
| David O Carter |
| Shashi H Kewalramani |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
This docket was last retrieved on July 5, 2022. A more recent docket listing may be available from PACER.
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| Filing 185 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #180 , CCA # 21-55501. The judgment of this Court, entered June 13, 2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Opinion #184 , AFFIRMED.](mat) |
| Filing 184 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #180 filed by Alfred Johnson. CCA # 21-55501. The judgment of the United States District Court for the Central District of California, holding in relevant part that the class members were not employees at the time of the drug test and did not need to be compensated, is AFFIRMED. (twdb) |
| Filing 183 DESIGNATION of Record on Appeal by Plaintiff Alfred Johnson re #180 (Wu, Ryan) |
| Filing 182 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-55501 assigned to Notice of Appeal to 9th Circuit Court of Appeals #180 as to Plaintiff Alfred Johnson. (bm) |
| Filing 181 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #180 . (Wu, Ryan) |
| Filing 180 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Alfred Johnson. Appeal of Judgment,,, #179 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-31298835.) (Wu, Ryan) |
| Filing 179 JUDGMENT #177 by Judge David O. Carter: the Joint Stipulation is13 GRANTED as follows: 1. Defendants shall have judgment in their favor and against Plaintiff 15 and the class on the certified claims; and 2. Plaintiffs individual claims are dismissed with prejudice except for Plaintiffs class minimum wage claim, class overtime claim, class expense reimbursement claim, and derivative wage statement, waiting time, and unfair competition claims therefrom, that were predicated on a Drug Testing theory and adjudicated in the Order Denying Plaintiffs Motion for Partial Summary Judgment and Granting in part Defendant's Motion for Summary Judgment (Dkt.No. 167); and 3. Plaintiff take nothing and that the parties shall bear their own respective costs of suit. (MD JS-6, Case Terminated). (bm) |
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| Filing 177 Joint STIPULATION to Dismiss Case pursuant to voluntary stipulation of the parties filed by plaintiff Alfred Johnson. (Attachments: #1 Proposed Order, #2 Proposed Order / Proposed Judgment)(Lee, Jonathan) |
| Filing 176 SCHEDULING NOTICE by Judge David O. Carter. The Court has been informed that the parties are working diligently to prepare a Joint Stipulation to Dismiss and Strike Portions of the Second Amended Complaint that will dispose of all pending claims in this action and enable this Court to enter final judgment. The Court orders counsel to file this Stipulation for approval no later than APRIL 13, 2021. #175 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 175 NOTICE filed by plaintiff Alfred Johnson. Joint Notice of Intent to Stipulate to Dismiss and Strike Portions of Second Amended Complaint (Lee, Jonathan) |
| Filing 174 SCHEDULING NOTICE by Judge David O. Carter. The Court sets the Final Pretrial Conference for 4/26/2021, at 8:30 a.m. The Final Pretrial Conference Order is due pursuant to the Federal Rules of Civil Procedure. The Court sets the Jury Trial for Monday, 5/17/2021, at 8:30 AM before Judge David O. Carter. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 173 MINUTES (IN CHAMBERS) by Judge David O. Carter: ORDER DENYING PLAINTIFFS RULE 54(B) MOTION #168 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
| Filing 172 REPLY in support NOTICE OF MOTION AND MOTION for Entry of Judgment pursuant to Rule 54(b) #168 filed by Plaintiff Alfred Johnson. (Lee, Jonathan) |
| Filing 171 OPPOSITION to NOTICE OF MOTION AND MOTION for Entry of Judgment pursuant to Rule 54(b) #168 filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Kopp, Michael) |
| Filing 170 NOTICE OF LODGING filed OF [PROPOSED] ORDER re NOTICE OF MOTION AND MOTION for Entry of Judgment pursuant to Rule 54(b) #168 (Attachments: #1 Proposed Order)(Lee, Jonathan) |
| Filing 169 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Entry of Judgment pursuant to Rule 54(b) #168 . 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. (twdb) |
| Filing 168 NOTICE OF MOTION AND MOTION for Entry of Judgment pursuant to Rule 54(b) filed by Plaintiff Alfred Johnson. Motion set for hearing on 3/8/2021 at 08:30 AM before Judge David O. Carter. (Attachments: #1 PLAINTIFFS MOTION FOR FINAL JUDGMENT OF CLASS CLAIMS (RULE 54(B))) (Lee, Jonathan) |
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| Filing 166 SCHEDULING NOTICE by Judge David O. Carter. Counsel shall disregard docket entry 165 . This entry was made in error. The motions remain under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 165 SCHEDULING NOTICE by Judge David O. Carter. The Court sets the Motion for Summary Judgment as to All of Plaintiff's Claims Or, In the Alternative, Partial Summary Judgment #154 and the Motion for Partial Summary Judgment as to class member status as employees of Defendants during drug tests #153 for hearing on JANUARY 25, 2021, at 8:30 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
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| Filing 163 Joint STIPULATION to Continue TRIAL AND PRE-TRIAL DATES PENDING RULINGS ON MOTIONS FOR SUMMARY JUDGMENT Re: Order,, Set/Reset Deadlines/Hearings, #149 filed by Plaintiff Alfred Johnson. (Attachments: #1 Proposed Order)(Lee, Jonathan) |
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| Filing 161 Joint STIPULATION for Discovery as to Extend Time for Defendants to Disclose Rebuttal Expert filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Attachments: #1 Proposed Order)(Kopp, Michael) |
| Filing 160 REPLY In support NOTICE OF MOTION AND MOTION for Summary Judgment as to All of Plaintiff's Claims Or, In the Alternative, Partial Summary Judgment #154 filed by Defendant Winco Holdings, Inc.. (Attachments: #1 Supplement Response to Plaintiff's Additional Facts, #2 Supplement Objections to Plaintiff's Request for Judicial Notice)(Kopp, Michael) |
| Filing 159 REPLY in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to class member status as employees of Defendants during drug tests #153 filed by Plaintiff Alfred Johnson. (Lee, Jonathan) |
| Filing 158 SCHEDULING NOTICE by Judge David O. Carter. The Court finds the Plaintiff's Motion for Partial Summary Judgment as to Class Member Status as Employees of Defendants During Drug Tests #153 and Defendants' Motion for Summary Judgment as to All Plaintiff's Claims or, in the Alternative, Partial Summary Judgment #154 are appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 8/31/2020 is removed from the calendar and the motion is taken under submission. No appearances are necessary on this date and time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 157 NOTICE OF ERRATA RE: PLAINTIFFS OPPOSITION TO DEFENDANTS WINCO FOODS, LLC & WINCO HOLDINGS, INC.S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT filed by Plaintiff Alfred Johnson. (Attachments: #1 PLAINTIFFS OPPOSITION TO DEFENDANTS WINCO FOODS, LLC & WINCO HOLDINGS, INC.S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT)(Lee, Jonathan) |
| Filing 156 Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to All of Plaintiff's Claims Or, In the Alternative, Partial Summary Judgment #154 filed by Plaintiff Alfred Johnson. (Attachments: #1 Statement of Genuine Disputes of Material Fact, #2 Evidentiary Objections, #3 Declaration of Jonathan Lee, #4 Request for Judicial Notice)(Lee, Jonathan) |
| Filing 155 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to class member status as employees of Defendants during drug tests #153 filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Attachments: #1 Defendants WinCo Foods, LLC & WinCo Holdings, Inc.'s Statement of Genuine Disputes of Material Fact)(Kopp, Michael) |
| Filing 154 NOTICE OF MOTION AND MOTION for Summary Judgment as to All of Plaintiff's Claims Or, In the Alternative, Partial Summary Judgment filed by defendants Winco Foods, LLC, Winco Holdings, Inc.. Motion set for hearing on 8/31/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities, #2 Statement of Uncontroverted Facts, #3 Declaration of Michael Kopp, #4 Declaration of Laurie Spraker - Part 1, Exhibits A - V, #5 Part 2 - Exhibits W - AA to Declaration of Laurie Spraker, #6 Request for Judicial Notice, #7 Proposed Order) (Kopp, Michael) |
| Filing 153 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to class member status as employees of Defendants during drug tests filed by plaintiff Alfred Johnson. Motion set for hearing on 8/31/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities, #2 Separate Statement of Undisputed Fact, #3 Declaration of Jonathan Lee, #4 Request for Judicial Notice, #5 Proposed Order) (Lee, Jonathan) |
| Filing 152 Notice of Appearance or Withdrawal of Counsel: for attorney Simon L Yang counsel for Defendants Winco Foods, LLC, Winco Holdings, Inc.. Simon L Yang 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 Winco Foods, LLC; Winco Holdings, Inc.. (Yang, Simon) |
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| Filing 150 Joint STIPULATION for Order FOR APPROVAL OF CLASS NOTICE AND NOTICE PLAN filed by Plaintiff Alfred Johnson. (Attachments: #1 Proposed Order)(Lee, Jonathan) |
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| Filing 148 STIPULATION to Stay Case pending the matter in its entirety and continue the pretrial and trial schedule in this matter filed by Plaintiff Alfred Johnson. (Attachments: #1 Proposed Order)(Lee, Jonathan) |
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| Filing 146 SCHEDULING NOTICE by Judge David O. Carte. The Court resets Plaintiff's Renewed Motion to Certify Class #130 to 3/16/2020 at 08:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 145 SEALED DOCUMENT Unredacted 2nd Declaration of Jonathan Lee In Support of Plaintiff's Motion for Class Certification re Reply (Motion related), #141 , Order on Motion for Leave to File Document Under Seal #144 filed by Plaintiff Alfred Johnson.(Lee, Jonathan) |
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| Filing 143 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Unredacted 2nd Declaration of Jonathan Lee In Support of Plaintiff's Motion for Class Certification under seal #142 filed by Plaintiff Alfred Johnson. (Attachments: #1 Unredacted Document 2nd Declaration of Jonathan Lee)(Lee, Jonathan) |
| Filing 142 APPLICATION to file document Unredacted 2nd Declaration of Jonathan Lee In Support of Plaintiff's Motion for Class Certification under seal filed by Plaintiff Alfred Johnson. (Attachments: #1 Declaration of Jonathan Lee, #2 Proposed Order)(Lee, Jonathan) |
| Filing 141 REPLY in Support of Renewed NOTICE OF MOTION AND MOTION to Certify Class #130 filed by Plaintiff Alfred Johnson. (Attachments: #1 Declaration of Jonathan Lee (2nd), #2 PLAINTIFFS RESPONSES TO DEFENDANTS OBJECTIONS TO THE DECLARATION OF DAVID LEWIN, PH.D.)(Lee, Jonathan) |
| Filing 140 SCHEDULING NOTICE by Judge David O. Carter: The Court hereby continues the Motion to Certify Class #130 to 3/9/2020 at 08:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 139 OPPOSITION re: Renewed NOTICE OF MOTION AND MOTION to Certify Class #130 (correcting typographical error on caption page) filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Attachments: #1 Declaration of Simon L. Yang, #2 Objection to Declaration of David Lewin, Ph.D.)(Yang, Simon) |
| Filing 138 OPPOSITION re: Renewed NOTICE OF MOTION AND MOTION to Certify Class #130 filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Attachments: #1 Declaration of Simon L. Yang, #2 Objection to Declaration of David Lewin, Ph.D.)(Yang, Simon) |
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| Filing 136 Opposition re: EX PARTE APPLICATION to Continue Plaintiff's Motion for Class Certification from February 10, 2020 to March 23, 2020 Re: Renewed NOTICE OF MOTION AND MOTION to Certify Class #130 #135 filed by Plaintiff Alfred Johnson. (Attachments: #1 Declaration of Jonathan Lee)(Lee, Jonathan) |
| Filing 135 EX PARTE APPLICATION to Continue Plaintiff's Motion for Class Certification from February 10, 2020 to March 23, 2020 Re: Renewed NOTICE OF MOTION AND MOTION to Certify Class #130 filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Attachments: #1 Declaration of Simon L. Yang in Support of Defendants' Ex Parte Application for Order Modifying Hearing Date on Plaintiff's Motion for Class Certification, #2 [Proposed] Order on Defendants' Ex Parte Application for Order Modifying Hearing Date on Plaintiff's Motion for Class Certification) (Yang, Simon) |
| Filing 134 SEALED DOCUMENT Unredacted Memorandum of Points and Authorities ISO Motion for Class Certification; Unredacted Declaration of Jonathan Lee and Exhibits; Unredacted Declaration of David Lewin, Ph.D. re Renewed NOTICE OF MOTION AND MOTION to Certify Class #130 , Order on Motion for Leave to File Document Under Seal #133 filed by Plaintiff Alfred Johnson. (Attachments: #1 Declaration of Jonathan Lee, #2 Exhibit A-G, #3 Exhibit H-R, #4 Declaration of David Lewin, Ph.D.)(Lee, Jonathan) |
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| Filing 132 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (1) [Unredacted] Declaration of Jonathan Lee; (2) [Unredacted] Memorandum of Points and Authorities; (3) [Unredacted] Declaration of David Lewin, Ph.D. under seal #131 filed by Plaintiff Alfred Johnson. (Attachments: #1 Unredacted Document Declaration of Jonathan Lee in Support of Motion for Class Certification, #2 Unredacted Document Exhibits A-G, #3 Unredacted Document Exhibits H-R, #4 Unredacted Document Memorandum of Points and Authorities in Support of Motion for Class Certification, #5 Unredacted Document Declaration of David Lewin, Ph.D.)(Lee, Jonathan) |
| Filing 131 APPLICATION to file document (1) [Unredacted] Declaration of Jonathan Lee; (2) [Unredacted] Memorandum of Points and Authorities; (3) [Unredacted] Declaration of David Lewin, Ph.D. under seal filed by Plaintiff Alfred Johnson. (Attachments: #1 Declaration of Jonathan Lee, #2 Proposed Order)(Lee, Jonathan) |
| Filing 130 Renewed NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Alfred Johnson. Motion set for hearing on 2/10/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities (Redacted), #2 Declaration of Melissa Grant, #3 Declaration of Jonathan Lee (Redacted), #4 Request for Judicial Notice, #5 Declaration of Plaintiff Alfred Johnson, #6 Compendium of Class Member Declarations, #7 Declaration of David Lewin, Ph.D., #8 Class Action Trial Plan, #9 Proposed Order) (Lee, Jonathan) |
| Filing 129 MINUTES (IN CHAMBERS) by Judge David O. Carter: ORDER DENYING MOTION TO FILE SECOND AMENDED COMPLAINT AND MODIFICATION OF SCHEDULING ORDER #125 . Plaintiffs Motion for Class Certification (Dkt. #116 ) is stricken, as it includes argument regarding proposed class representatives that are not in the operative complaint. Plaintiff is ORDERED to refile the Motion for Class Certification in accordance with the claims and parties included in the FAC by January 13, 2020. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
| Filing 128 SCHEDULING NOTICE by Judge David O. Carter re: Motion for Leave to File Second Amended Complaint #125 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 12/23/2019 is removed from the calendar and the motion is taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY |
| Filing 127 REPLY In Support of NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #125 filed by Plaintiff Alfred Johnson. (Lee, Jonathan) |
| Filing 126 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #125 and to Modify Scheduling Order filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Attachments: #1 Declaration of Simon L. Yang, #2 Declaration of Deborah Hopkins)(Yang, Simon) |
| Filing 125 NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint filed by Plaintiff Alfred Johnson. Motion set for hearing on 12/23/2019 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Jonathan Lee, #3 Proposed Order) (Lee, Jonathan) |
| Filing 124 BILL OF COSTS. Costs taxed in amount of $ 0.00 re: APPLICATION to the Clerk to Tax Costs against Plaintiff Alfred Johnson #84 . APPLICATION DENIED AS UNTIMELY. (wr) |
| Filing 123 SEALED DOCUMENT MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION (UNREDACTED) re Order on Motion for Leave to File Document Under Seal #121 , NOTICE OF MOTION AND MOTION to Certify Class #116 filed by Plaintiff Alfred Johnson. (Attachments: #1 Declaration of Jonathan Lee (Unredacted), #2 Exhibit A-G, #3 Exhibit H-R, #4 Exhibit S-Y, #5 Declaration of David Lewin, Ph.D. (Unredacted))(Lee, Jonathan) |
| Filing 122 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #115 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. 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. (ak) |
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| Filing 120 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/30/19 re Transcript #119 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lca) TEXT ONLY ENTRY |
| Filing 119 TRANSCRIPT for proceedings held on 10/30/19. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, phone number (361) 949-2988. 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 12/9/2019. Redacted Transcript Deadline set for 12/19/2019. Release of Transcript Restriction set for 2/18/2020. (lca) |
| Filing 118 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (1) [Unredacted] Declaration of Jonathan Lee; (2) [Unredacted] Memorandum of Points and Authorities; (3) [Unredacted] Declaration of David Lewin, Ph.D. under seal #117 filed by Plaintiff Alfred Johnson. (Attachments: #1 Unredacted Document [Unredacted] Declaration of Jonathan Lee in Support of Motion for Class Certification, #2 Unredacted Document Exhibits A through G, #3 Unredacted Document Exhibits H through R, #4 Unredacted Document Exhibits S through Y, #5 Unredacted Document [Unredacted] Memorandum of Points and Authorities in Support of Motion for Class Certification, #6 Unredacted Document [Unredacted] Declaration of David Lewin, Ph.D.)(Lee, Jonathan) |
| Filing 117 APPLICATION to file document (1) [Unredacted] Declaration of Jonathan Lee; (2) [Unredacted] Memorandum of Points and Authorities; (3) [Unredacted] Declaration of David Lewin, Ph.D. under seal filed by Plaintiff Alfred Johnson. (Attachments: #1 Declaration of Jonathan Lee, #2 Proposed Order)(Lee, Jonathan) |
| Filing 116 [STRICKEN PURSUANT TO ORDER #129] NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Alfred Johnson. Motion set for hearing on 2/24/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities (Redacted), #2 Declaration of Melissa Grant, #3 Declaration of Jonathan Lee (Redacted), #4 Request for Judicial Notice, #5 Declaration of Alfred Johnson, #6 Declaration of Thomas Wilson, #7 Declaration of Isaac Clark, #8 Compendium of Class Member Declarations, #9 Declaration of David Lewin, Ph.D. (Redacted), #10 Declaration of Eric Lietzow, CPA/ABV, #11 Class Action Trial Plan, #12 Proposed Order) (Lee, Jonathan) Modified on 12/30/2019 (twdb). |
| Filing 115 NOTICE of Appearance filed by attorney Jonathan Sing Lee on behalf of Plaintiff Alfred Johnson (Lee, Jonathan) |
| Filing 114 Notice of Appearance or Withdrawal of Counsel: for attorney Phillip James Ebsworth counsel for Defendants Winco Foods, LLC, Winco Holdings, Inc.. Adding Phillp J. Ebsworth as counsel of record for WinCo Foods, LLC, and WinCo Holdings, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants WinCo Foods, LLC and WinCo Holdings, Inc.. (Attorney Phillip James Ebsworth added to party Winco Foods, LLC(pty:dft), Attorney Phillip James Ebsworth added to party Winco Holdings, Inc.(pty:dft))(Ebsworth, Phillip) |
| Filing 113 Notice of Appearance or Withdrawal of Counsel: for attorney Michael W Kopp counsel for Defendants Winco Foods, LLC, Winco Holdings, Inc.. Adding Michael W. Kopp as counsel of record for WinCo Food, LLC; WinCo Holdings, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants WinCo Foods, LLC, and WinCo Holdings, Inc.. (Attorney Michael W Kopp added to party Winco Foods, LLC(pty:dft), Attorney Michael W Kopp added to party Winco Holdings, Inc.(pty:dft))(Kopp, Michael) |
| Filing 112 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/31/19 re Transcript #111 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lca) TEXT ONLY ENTRY |
| Filing 111 TRANSCRIPT for proceedings held on 10/31/19. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, phone number (361) 949-2988. 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 12/5/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/12/2020. (lca) |
| Filing 110 TRANSCRIPT ORDER as to Defendants Winco Foods, LLC, Winco Holdings, Inc. for Court Smart (CS). Court will contact Kassandra Cutler at kacutler@seyfarth.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Yang, Simon) |
| Filing 109 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/28/19 1:59 P.M. re Transcript #108 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lca) TEXT ONLY ENTRY |
| Filing 108 TRANSCRIPT for proceedings held on 10/28/19 1:59 P.M.. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, phone number (361) 949-2988. 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 12/5/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/12/2020. (lca) |
| Filing 107 TRANSCRIPT ORDER as to Plaintiff Alfred Johnson for Court Smart (CS). Court will contact Sandy Acevedo at sandy.acevedo@capstonelawyers.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Lee, Jonathan) |
| Filing 106 TRANSCRIPT ORDER as to Plaintiff Alfred Johnson for Court Smart (CS). Court will contact Sandy Acevedo at sandy.acevedo@capstonelawyers.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Lee, Jonathan) |
| Filing 105 MINUTES OF Telephonic Proceedings RE: Informal Discovery Dispute held before Magistrate Judge Shashi H. Kewalramani: SEE DOCUMENT FOR FURTHER INFORMATION. Court Reporter: Court Smart #3. (twdb) |
| Filing 104 MINUTES OF Telephone Conference held before Magistrate Judge Shashi H. Kewalramani. Following a discussion between the Court and counsel, the Court ordered the parties to provide the material regarding the 30(b)(6) witness and the topic at issue, as stated on the record. The Courts sets a further telephonic conference for Thursday, October 31, 2019, at 2:30 p.m. The call-in information for the telephonic conference is as follows: Dial:(888) 273-3658 Enter: Access Code: 1621321#. IT IS SO ORDERED. Court Recorder: XTR Recording. (iva) |
| Filing 103 TRANSCRIPT ORDER as to Plaintiff Alfred Johnson for Court Smart (CS). Court will contact Sandy Acevedo at sandy.acevedo@capstonelawyers.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Lee, Jonathan) |
| Filing 102 MINUTES OF Telephone Conference held before Magistrate Judge Shashi H. Kewalramani. (SEE ORDER FOR FURTHER DETAILS) Furthermore, the Court sets a telephonic conference for Wednesday, October 30, 2019, at 1:30 p.m. to address Defendants' response deadline to Plaintiff's propounded interrogatory pertaining to the distribution center and warehouse employees' rest break related inquiry. Plaintiff shall propound such interrogatory by close of business day, today. The call-in information for the telephonic conference is as follows: Dial:(888) 273-3658 Enter: Access Code: 1621321# Court Recorder: CS-RS-3 10-28-19. (iva) |
| Filing 101 TELEPHONIC CONFERENCE RE: OUTSTANDING DISCOVERY ISSUES The Court hereby sets a Telephonic Conference for 10/28/2019 at 2:00 PM before Magistrate Judge Shashi H. Kewalramani. Dial:(888) 273-3658 Enter: Access Code: 1621321#THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY |
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| Filing 98 AMENDED JOINT SCHEDULING REPORT filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Yang, Simon) |
| Filing 97 JOINT SCHEDULING REPORT filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Yang, Simon) |
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| Filing 95 Notice of Appearance or Withdrawal of Counsel: for attorney Julie G Yap counsel for Defendants Winco Foods, LLC, Winco Holdings, Inc.. Julie G. Yap 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 WinCo Foods, LLC; WinCo Holdings, Inc.. (Yap, Julie) |
| Filing 94 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher Im counsel for Defendants Winco Foods, LLC, Winco Holdings, Inc.. Christopher Im 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 Windo Foods, LLC and Winco Holdings, Inc.. (Im, Christopher) |
| Filing 93 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION to Alter Judgment re Minutes of In Chambers Order/Directive - no proceeding held #82 . NOTICE OF MOTION AND MOTION for Reconsideration #82 #83 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 7/22/2019 is removed from the calendar and the motion is taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
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| Filing 91 REPLY in support of NOTICE OF MOTION AND MOTION to Alter Judgment re Minutes of In Chambers Order/Directive - no proceeding held #82 . NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held #82 #83 filed by Plaintiff Alfred Johnson. (Lee, Jonathan) |
| Filing 90 RESPONSE IN SUPPORT of APPLICATION to the Clerk to Tax Costs against Plaintiff Alfred Johnson #84 Response to Plaintiff's Objections filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Attachments: #1 Declaration, #2 Declaration)(Yap, Julie) |
| Filing 89 OBJECTION re: APPLICATION to the Clerk to Tax Costs against Plaintiff Alfred Johnson #84 filed by Plaintiff Alfred Johnson. (Lee, Jonathan) |
| Filing 88 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Alter Judgment re Minutes of In Chambers Order/Directive - no proceeding held #82 . NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held #82 #83 filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Attachments: #1 Declaration of Simon L. Yang in Opposition to Motion to Alter or Amend Judgment)(Yang, Simon) |
| Filing 87 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-55716 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #86 as to plaintiff Alfred Johnson. (twdb) |
| Filing 86 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Alfred Johnson. Appeal of Minutes of In Chambers Order/Directive - no proceeding held #82 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-23953136.) (Attachments: #1 Representation Statement)(Wu, Ryan) |
| Filing 85 Notice of Appearance or Withdrawal of Counsel: for attorney Ryan H Wu counsel for Plaintiff Alfred Johnson. Adding Ryan H. Wu as counsel of record for Plaintiff Alfred Johnson for the reason indicated in the G-123 Notice. Filed by Plaintiff Alfred Johnson. (Attorney Ryan H Wu added to party Alfred Johnson(pty:pla))(Wu, Ryan) |
| Filing 84 APPLICATION to the Clerk to Tax Costs against Plaintiff Alfred Johnson filed by Defendants Winco Holdings, Inc., Winco Foods, LLC. (Attachments: #1 Exhibits A-C) (Im, Christopher) |
| Filing 83 NOTICE OF MOTION AND MOTION to Alter Judgment re Minutes of In Chambers Order/Directive - no proceeding held #82 . , NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held #82 filed by plaintiff Alfred Johnson. Motion set for hearing on 7/22/2019 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration of Jonathan Lee, #2 Proposed Order) (Lee, Jonathan) |
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| Filing 81 To Plaintiff's Improper and Untimely Filing of Sur-Reply and Declarations [Dkt. #80 In Support Of re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint or, in the Alternative NOTICE OF MOTION AND MOTION to Stay Case pending State-Court Proceedings #61 filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Yap, Julie) Modified on 4/18/2019 (twdb). |
| Filing 80 REQUEST TO CONSIDER NEW EVIDENCE re NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint or, in the Alternative NOTICE OF MOTION AND MOTION to Stay Case pending State-Court Proceedings #61 filed by Plaintiff Alfred Johnson. (Attachments: #1 Exhibit)(Lee, Jonathan) |
| Filing 79 STATUS REPORT re: Westbrook Appeals filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Yang, Simon) |
| Filing 78 MINUTES (IN CHAMBERS) by Judge David O. Carter: Granting in part #61 MOTION for Judgment on the Pleadings or, In Alternative, Stay of Proceedings #22 . The Court ORDERS the parties to file a joint status report seven days after the resolution of the state court appeals in Westbrook. The Clerk shall serve this minute order on the parties. Case Terminated. (twdb) Modified on 3/11/2019 (twdb). |
| Filing 77 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint or, in the Alternative NOTICE OF MOTION AND MOTION to Stay Case pending State-Court Proceedings #61 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 2/25/2019 is removed from the calendar and the motion is taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
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| Filing 74 MINUTES OF RE #70 Motion for Order; Discovery Hearing held before Magistrate Judge Shashi H. Kewalramani: 1. Plaintiffs' letter brief to Defendants is due no later than 5 p.m. on February 14, 2019. 2. Defendants'response to the Court is due no later than 5 p.m. February 15, 2019. Court Recorder: XTR. (dc) |
| Filing 73 AMENDED DOCUMENT filed by Plaintiff Alfred Johnson. Amendment to Stipulation to Stay Case #72 AMENDED PROPOSED ORDER (Lee, Jonathan) |
| Filing 72 STIPULATION to Stay Case pending Ruling on Motion for Judgment on the Pleadings filed by plaintiff Alfred Johnson. (Attachments: #1 Proposed Order)(Lee, Jonathan) |
| Filing 71 REPLY in Support of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint or, in the Alternative NOTICE OF MOTION AND MOTION to Stay Case pending State-Court Proceedings #61 filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Attachments: #1 Reply Request for Judicial Notice)(Yang, Simon) |
| Filing 70 NOTICE OF MOTION AND MOTION for Order for MOTION RE: INFORMAL DISCOVERY DISPUTE Motion set for hearing on 2/13/2019 at 02:00 PM before Magistrate Judge Shashi H. Kewalramani. (iva) |
| Filing 69 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint or, in the Alternative NOTICE OF MOTION AND MOTION to Stay Case pending State-Court Proceedings #61 filed by Plaintiff Alfred Johnson. (Attachments: #1 Declaration of Jonathan Lee)(Lee, Jonathan) |
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| Filing 67 RE-SCHEDULING NOTICE for Status Conference re: discovery dispute set for 1/31/2019 11:30 AM before Magistrate Judge Shashi H. Kewalramani in the Riverside Courthouse 3470 Twelfth Street, Riverside, CA 92501. Courtroom 4, 3rd Floor. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY |
| Filing 66 VACATING SCHEDULING NOTICE previously scheduled for January 30, 2019 11:00 a.m. has been terminated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY |
| Filing 64 SCHEDULING NOTICE: Status Conference re: discovery dispute set for 1/30/2019 11:00 AM before Magistrate Judge Shashi H. Kewalramani in the Riverside Courthouse 3470 Twelfth Street, Riverside, CA 92501. Courtroom 4, 3rd Floor.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY |
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| Filing 63 Opposition re: EX PARTE APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint or, in the Alternative NOTICE OF MOTION AND MOTION to Stay Case pending State-Court Proceedin EX PARTE APPLICATION to Stay Case pending Resolution of Defendants' Motion for Judgment on the Pleadings or, in the Alternative, Stay of Proceedings ; Memorandum of Points and Authorities in Support #62 filed by Plaintiff Alfred Johnson. (Attachments: #1 Declaration of Jonathan Lee)(Lee, Jonathan) |
| Filing 62 EX PARTE APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint or, in the Alternative NOTICE OF MOTION AND MOTION to Stay Case pending State-Court Proceedings #61 , EX PARTE APPLICATION to Stay Case pending Resolution of Defendants' Motion for Judgment on the Pleadings or, in the Alternative, Stay of Proceedings ; Memorandum of Points and Authorities in Support filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Attachments: #1 Declaration of Simon L. Yang in Support of Ex Parte Application, #2 Request for Judicial Notice in Support of Ex Parte Application, #3 Proposed Order Granting Ex Parte Application, #4 Lodging of Dkt. 61 (Notice of MJOP or Stay of Proceedings), #5 Lodging of Dkt. 61-1 (MPA iso MJOP or Stay of Proceedings), #6 Lodging of Dkt. 61-2 (RJN iso MJOP or Stay of Proceedings), #7 Lodging of Dkt. 61-3 ([Proposed] Order iso MJOP or Stay of Proceedings)) (Yang, Simon) |
| Filing 61 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint or, in the Alternative, NOTICE OF MOTION AND MOTION to Stay Case pending State-Court Proceedings filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. Motion set for hearing on 2/25/2019 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice, #3 Proposed Order) (Yang, Simon) |
| Filing 60 MINUTES OF #57 Motion for Order; denying #59 Request for Protective Order; Discovery Hearing held before Magistrate Judge Shashi H. Kewalramani: Because there is no claim that the protective order is being sought as a result of the topics being inappropriate in light of the live claims in the First Amended Complaint, the Court has no basis to find as such under Rule 26. Therefore, Defendant's motion for a protective order is DENIED, without prejudice. Court Recorder: XTR Chambers. (dc) |
| Filing 59 REQUEST for Protective Order for 30(b)(6) Deposition (Letter Brief) filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Yang, Simon) |
| Filing 58 LETTER BRIEF RE RULE 30(B)(6) DEPOSITION ISSUE FROM JANUARY 17, 2019 DISCOVERY CONFERENCE re MOTION for Order #57 filed by Plaintiff Alfred Johnson. (Lee, Jonathan) |
| Filing 57 MOTIONRE:INFORMAL DISCOVERY DISPUTE Motion set for hearing on 1/17/2019 at 01:00 PM before Magistrate Judge Shashi H. Kewalramani. (dc) |
| Filing 56 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Continue #54 . 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. (twdb) |
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| Filing 54 STIPULATION to Continue Deadline to file Motion for Class Certification from January 28, 2019 to February 18, 2019 Re: Pretrial-Trial Scheduling Order - form only, #38 filed by Plaintiff Alfred Johnson.(DeSario, Molly) |
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| Filing 52 MINUTES OF Telephone Conference held before Magistrate Judge Shashi H. Kewalramani: The Court held a telephonic conference regarding a discovery dispute as previously scheduled. Attorney Robert Drexler appeared on behalf of Plaintiff. Attorney Simon Yang appeared on behalf of defendant. Following a discussion between the Court and counsel, the Court provided deadlinesby which the documents are to be produced on the record. Court Recorder: Court Smart #3. (dc) |
| Filing 51 STIPULATION for Protective Order filed by Plaintiff Alfred Johnson. (Attachments: #1 Proposed Order)(Lee, Jonathan) |
| Filing 50 MINUTES OF Telephone Conference held before Magistrate Judge Shashi H. Kewalramani: SEE ORDER FOR DETAILS. Court Recorder: XTR. (dc) |
| Filing 49 RESCHEDULING NOTICE re: Text Only Scheduling Notice, 48 previously scheduled for 12/17/2018 2:30 p.m. has been rescheduled. Telephone Conference set for 12/18/2018 02:30 PM before Magistrate Judge Shashi H. Kewalramani. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY |
| Filing 48 TELEPHONIC SCHEDULING NOTICE RE CONTINUED DISCOVERY DISPUTE: Telephone Conference set for 12/17/2018 02:30 PM before Magistrate Judge Shashi H. Kewalramani. Dial: (888) 273-3658 Enter: Access Code: 1621321# THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY |
| Filing 47 MINUTES OF TELEPHONIC PROCEEDINGS RE: INFORMAL DISCOVERY DISPUTEgranting #45 Motion for Order; Discovery Hearing held before Magistrate Judge Shashi H. Kewalramani: Following a discussionbetween the Court and counsel, the parties are ordered to complete the following by Thursday, December 13, 2018: Court Recorder: Court Smart. (dc) |
| Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Molly DeSario counsel for Plaintiff Alfred Johnson. Adding Molly DeSario as counsel of record for Plaintiff Alfred Johnson for the reason indicated in the G-123 Notice. Filed by Plaintiff Alfred Johnson. (Attorney Molly DeSario added to party Alfred Johnson(pty:pla))(DeSario, Molly) |
| Filing 45 AMENDED Motion (with corrected time) Re: Informal Discovery Dispute. A telephonic hearing is set for Tuesday, December 11, 2018 at 9:00 a.m. before Magistrate Judge Shashi H. Kewalramani. Telephone (888) 273-3658 Access Code: 1621321#. (jlo) . (jlo) Modified on 12/7/2018 (jlo). |
| Filing 44 MOTION Re: Informal Discovery Dispute. A telephonic hearing is set for Tuesday, December 11, 2018 at 9:00 a.m. before Magistrate Judge Shashi H. Kewalramani. Telephone (888) 273-3658 Access Code: 1621321#. (jlo) |
| Filing 43 TRANSCRIPT ORDER as to defendants Winco Foods, LLC, Winco Holdings, Inc. for Court Reporter. Court will contact Jean Moore at ljmoore@seyfarth.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Yap, Julie) |
| Filing 42 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/20/18 8:30 A.M. re Transcript #41 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY |
| Filing 41 TRANSCRIPT for proceedings held on 8/20/18 8:30 A.M.. Court Reporter/Electronic Court Recorder: MIRIAM BAIRD, phone number MVB11893AOL.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 9/17/2018. Redacted Transcript Deadline set for 9/27/2018. Release of Transcript Restriction set for 11/26/2018. (Baird, Miriam) |
| Filing 40 ANSWER to Amended Complaint/Petition #21 filed by Defendants Winco Foods, LLC, Winco Holdings, Inc..(Yap, Julie) |
| Filing 39 TRANSCRIPT ORDER as to Plaintiff Alfred Johnson for Court Reporter. Court will contact Sandy Acevedo at sandy.acevedo@capstonelawyers.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Lee, Jonathan) |
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| Filing 36 MINUTES OF Scheduling Conference held before Judge David O. Carter: Scheduling Order to be issued. Court Reporter: Miriam Baird; Courtroom Deputy: Deborah Lewman; Plaintiff Attorney: Robert J. Drexler, Jr.; Defendant Attorney: Julie G. Yap; Time in Court: :06. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo) |
| Filing 35 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10-15 days, filed by Plaintiff Alfred Johnson.. (Lee, Jonathan) |
| Filing 34 SCHEDULING NOTICE by Judge David O. Carter. Scheduling Conference previously set for 8/13/2018 at 8:30 am is hereby CONTINUED to 8/20/2018 at 8:30 am before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
| Filing 33 NOTICE of Pendency of Other Actions or Proceedings filed by defendants Winco Foods, LLC, Winco Holdings, Inc.. (Yap, Julie) |
| Filing 32 MINUTES (IN CHAMBERS) by Judge David O. Carter: denying #22 Defendants' MOTION to Dismiss Case. For the foregoing reasons, the Court DENIES Defendants Motion to Dismiss, or in the alternative, Strike Plaintiffs class allegations or class claims. (twdb) |
| Filing 31 NOTICE of Change of address by Christopher Im attorney for Defendants Winco Foods, LLC, Winco Holdings, Inc.. Changing attorneys address to 601 S. Figueroa Street, Suite 3300, Los Angeles, CA 90017. Filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Im, Christopher) |
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| Filing 29 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION to Dismiss Case #22 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 6/4/2018 is removed from the calendar and the motion is taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
| Filing 28 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #22 Reply in Support of Motion to Dismiss First Amended Complaint or, in the Alternative, to Strike filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Im, Christopher) |
| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) #24 , Notice of Appearance or Withdrawal of Counsel (G-123) #25 . The following error(s) was/were found: Incomplete docket text: missing name of event and docket text content 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. (ak) |
| Filing 26 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #22 filed by Plaintiff Alfred Johnson. (Harman-Holmes, Ariel) |
| Filing 25 (Lee, Jonathan) |
| Filing 24 (Harman-Holmes, Ariel) |
| Filing 23 NOTICE of Appearance filed by attorney Ariel Harman-Holmes on behalf of Plaintiff Alfred Johnson (Attorney Ariel Harman-Holmes added to party Alfred Johnson(pty:pla))(Harman-Holmes, Ariel) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. Motion set for hearing on 6/4/2018 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Defendants Winco Foods, LLC & Winco Holdings, Inc.'s Memorandum of Points and Authorities in Support of Motion to Dismiss First Amended Complaint or, in the Alternative, to Strike, #2 Request for Judicial Notice in Support of Motion to Dismiss First Amended Complaint or, in the Alternative, to Strike, #3 [Proposed] Order Granting Defendants Winco Foods, LLC's & Winco Holdings, Inc.'s Motion to Dismiss First Amended Complaint or, in the Alternative, to Strike) (Im, Christopher) |
| Filing 21 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), filed by Plaintiff Alfred Johnson(Lee, Jonathan) |
| Filing 20 MINUTES (IN CHAMBERS) by Judge David O. Carter granting in part and denying in part #12 MOTION to Dismiss Case. Plaintiff may file an amended complaint on or before April 16, 2018, if desired. (see document for details). (dro) |
| Filing 19 SCHEDULING NOTICE by Judge David O. Carter: The Scheduling Conferece previously scheduled for 4/2/2018 @ 8:30 AM has been rescheduled. Scheduling Conference set for 6/4/2018 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
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| Filing 17 STIPULATION to Continue LOCAL RULE 23-3 DEADLINE from February 12, 2018 to to a date to be set at the Scheduling Conference filed by Plaintiff Alfred Johnson. (Attachments: #1 Proposed Order)(Lee, Jonathan) |
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| Filing 15 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION to Dismiss Case or, In the Alternative, to Strike; Memorandum of Points in Authorities In Support Thereof #12 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 1/8/2018 is removed from the Court's calendar and the motion is taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
| Filing 14 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case or, In the Alternative, to Strike; Memorandum of Points in Authorities In Support Thereof #12 filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Yap, Julie) |
| Filing 13 Opposition in opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Case or, In the Alternative, to Strike; Memorandum of Points in Authorities In Support Thereof #12 filed by Plaintiff Alfred Johnson. (Attachments: #1 Request for Judicial Notice)(Lee, Jonathan) |
| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case or, In the Alternative, to Strike; Memorandum of Points in Authorities In Support Thereof filed by defendants Winco Foods, LLC, Winco Holdings, Inc.. Motion set for hearing on 1/8/2018 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order) (Yap, Julie) |
| Filing 11 First STIPULATION Extending Time to Answer the complaint as to Winco Holdings, Inc. answer now due 12/1/2017; Winco Foods, LLC answer now due 12/1/2017, re Complaint - (Discovery) filed by defendants Winco Holdings, Inc.; Winco Foods, LLC.(Yap, Julie) |
| Filing 10 Certificate of Service filed by Defendants Winco Foods, LLC, Winco Holdings, Inc. re: Initial Order upon Filing of Complaint - form only #9 (Yap, Julie) |
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| Filing 8 Certificate of Service filed by Defendants Winco Foods, LLC, Winco Holdings, Inc. re: Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form, #6 (Yap, Julie) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Shashi H. Kewalramani for discovery. Pursuant to General Order 16-05, this case has been randomly reassigned to District Judge David O. Carter. The case number on all documents filed with the Court in this case should read as follows: 5:17-cv-2288 DOC (SHKx). (esa) |
| COPY OF NOTICE OF SERVICE OF PROCESS TRANSMITTAL OF PROOF OF SERVICE executed by Plaintiff Alfred Johnson, upon Defendant Winco Foods, LLC served on 10/10/2017. Service of the Summons and Complaint were executed upon CSC, Agent of Service of Process, on a domestic corporation. Original Summons NOT returned. (esa) |
| CONFORMED COPY OF COMPLAINT against defendants Does 1 through 10, inclusive, Winco Foods, LLC, Winco Holdings, Inc., Jury Demand, filed by plaintiff Alfred Johnson. (esa) |
| Filing 5 Certificate of Service filed by Defendants Winco Foods, LLC, Winco Holdings, Inc. re: Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties #4 , Corporate Disclosure Statement #3 , Civil Cover Sheet (CV-71) #2 (Yap, Julie) |
| Filing 4 NOTICE of Interested Parties filed by defendants Winco Foods, LLC, Winco Holdings, Inc., identifying Plaintiff Alfred Johnson, Defendant WinCo Foods, LLC and Defendant WinCo Holdings, Inc.. (Yap, Julie) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendants Winco Foods, LLC, Winco Holdings, Inc. (Yap, Julie) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Winco Foods, LLC, Winco Holdings, Inc.. (Yap, Julie) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino County Superior Court, case number CIVDS 1716405 Receipt No: 0973-20809373 - Fee: $400, filed by defendants Winco Holdings, Inc., Winco Foods, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration of Jennifer Solecki) (Attorney Julie G Yap added to party Winco Foods, LLC(pty:dft), Attorney Julie G Yap added to party Winco Holdings, Inc.(pty:dft))(Yap, Julie) |
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