Emerita Corado-Cortez v. XPO Logistics, Inc. et al
| Emerita Corado-Cortez |
| XPO Logistics, Freight, Inc., XPO Logistics Supply Chain Inc., XPO Logistics, Inc., XPO Logistics Supply Chain Corporate Services, Inc., XPO Logistics, Worldwide, Inc. and Does 1-50, inclusive |
| 5:2019cv00670 |
| April 12, 2019 |
| US District Court for the Central District of California |
| Andre Birotte |
| Terry J Hatter |
| Shashi H Kewalramani |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 14, 2021. A more recent docket listing may be available from PACER.
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| Filing 36 NOTICE of Entry of RULING, re: Order on Motion for Settlement,,, #35 , filed by PLAINTIFF Emerita Corado-Cortez. (Mauro, Gregory) |
Filing 35
FINAL ORDER AND JUDGMENT GRANTING PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT #32 by Judge Terry J. Hatter, Jr: Judgment shall be entered whereby Plaintiff and all Settlement Class Members except those who excluded themselves from the settlement, shall take nothing from Defendants and released Parties, except as expressly set forth in the Settlement, which was previously filed, as part of Plaintiff's motion for Preliminary Approval of the Class Action Settlement. Pursuant to FRCP Rule 23, this Court reserves exclusive and continuing jurisdiction over this action, Plaintiff, Class members and Defendant, for the purposes of: (a) supervising the implementation, enforcement, construction, and interpretation of the Stipulation, the Preliminary Approval Order, the plan of allocation, the Final Approval Order, and the Judgment; and (b) supervising distribution of amounts paid under this Settlement. IT IS SO ORDERED. (shb)
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| Filing 34 STATUS REPORT filed by Plaintiff Emerita Corado-Cortez. (Mauro, Gregory) |
| Filing 33 PROOF OF SERVICE filed by PLAINTIFF Emerita Corado-Cortez, PROOF OF SERVICE OF AMENDED JOINT STIPULATION OF CLASS ACTION SETTLEMENT AND FINAL APPROVAL MOTION TO THE LABOR AND WORKFORCE DEVELOPMENT AGENCY served on August 16, 2021. (Mauro, Gregory) |
| Filing 32 NOTICE OF MOTION AND MOTION for Settlement Approval of CLASS ACTION SETTLEMENT PLAINTIFFS NOTICE OF MOTION AND MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT; ATTORNEYS FEES, COSTS, SERVICE AWARD, AND ADMINISTRATION COSTS; MEMORANDUM OF POINTS AND AUTHORITIES filed by PLAINTIFF Emerita Corado-Cortez. Motion set for hearing on 9/13/2021 at 08:30 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES, #2 DECLARATION OF JAMES HAWKINS IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT; ATTORNEYS FEES, COSTS, SERVICE AWARDS, AND ADMINISTRATION COSTS, #3 DECLARATION OF NATHALIE HERNANDEZ OF ILYM GROUP, INC.,, #4 DECLARATION OF EMERITA CORADO-CORTEZ, #5 [PROPOSED] FINAL ORDER AND JUDGMENT GRANTING PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT) (Mauro, Gregory) |
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Filing 31
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that a joint status report must be filed to this action no later than AUGUST 30, 2021. IT IS SO ORDERED. (shb)
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Filing 30
ORDER #28 by Judge Terry J. Hatter, Jr. It is Ordered that the renewed motion for conditional class certification and preliminary approval of the class action settlement be, and hereby is, Granted. (lom)
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Filing 29
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr:Counsel are hereby notified that pursuant to the Judge's directive, the Final Pretrial Conference hearing set for March 24, 2021, is hereby vacated. No appearances are needed on March 24, 2021. IT IS SO ORDERED. (shb)
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| Filing 28 NOTICE OF MOTION AND MOTION for Order for GRANTING PRELIMINARY APPROVAL OF AMENDED CLASS ACTION SETTLEMENT AND RELEASE filed by PLAINTIFF Emerita Corado-Cortez. Motion set for hearing on 3/8/2021 at 08:30 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Memorandum, #2 Declaration, #3 Declaration, #4 Proposed Order) (Mauro, Gregory) |
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Filing 27
ORDER #26 by Judge Terry J. Hatter, Jr. denying #26 MOTION: Accordingly, It is Ordered that the motion for conditional class certification and prelin1inary approval of the class action settlement be, and hereby is, Denied with leave to renew. (see document for further details) (bm)
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| Filing 26 NOTICE OF MOTION AND MOTION for Order for GRANTING MOTION FOR PRELIMINARY APPROVAL OF JOINT STIPULATION AND CLASS ACTION SETTLEMENT AND RELEASE filed by Plaintiff Emerita Corado-Cortez. (Attachments: #1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF JOINT STIPULATION AND CLASS ACTION SETTLEMENT AND RELEASE, #2 DECLARATION OF JAMES R. HAWKINS IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND RELEASE EXHS. 1,A, 2, B THEREIN, #3 DECLARATION OF SEAN HARTRANFT OF ILYM GROUP, INC., #4 [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT) (Mauro, Gregory) |
| Filing 25 NOTICE of Settlement (Joint) filed by Defendant XPO Logistics Supply Chain Corporate Services, Inc., XPO Logistics Supply Chain Inc., XPO Logistics, Freight, Inc., XPO Logistics, Inc., XPO Logistics, Worldwide, Inc.. (Johnson, Timothy) |
| Filing 24 FIRST AMENDED CLASS ACTION COMPLAINT against Defendants XPO Logistics Supply Chain Corporate Services, Inc., XPO Logistics Supply Chain Inc., XPO Logistics, Freight, Inc., XPO Logistics, Inc., XPO Logistics, Worldwide, Inc. amending Complaint - (Discovery), filed by Plaintiff Emerita Corado-Cortez. (shb) |
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Filing 23
ORDER GRANTING JOINT STIPULATION PERMITTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT, #22 by Judge Terry J. Hatter, Jr. IT IS HEREBY ORDERED: 1. Plaintiff is hereby granted leave to file the First Amended Complaint attached therein as Exhibit A to the Joint Stipulation; and 2. The First Amended Complaint shall be deemed filed and served on Defendants upon entry of this Order. IT IS SO ORDERED. (shb)
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| Filing 22 STIPULATION for Order Granting Leave To File First Amended Complaint filed by Plaintiff Emerita Corado-Cortez. (Attachments: #1 Proposed Order Granting Leave to File First Amended Complaint)(Mauro, Gregory) |
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Filing 21
ORDER REGARDING PARTIES' STIPULATION TO CONTINUE CLASS CERTIFICATION SCHEDULE #20 by Judge Terry J. Hatter, Jr. The Court HEREBY ORDERS: 1. The deadline to file Plaintiffs motion for class certification is July 27, 2020; 2. The deadline to filed Defendants' opposition to Plaintiff's motion for class certification is August 27, 2020; 3. The deadline to file Plaintiff's reply in support of motion for class certification is September 17, 2020. 4. The hearing on Plaintiffs motion for class certification is set for October 19, 2020 and it will be taken under submission as of this hearing date, no appearance is needed. IT IS SO ORDERED. (lom)
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| Filing 20 STIPULATION to Continue Class Certification filed by Defendant XPO Logistics Supply Chain Corporate Services, Inc., XPO Logistics Supply Chain Inc., XPO Logistics, Freight, Inc., XPO Logistics, Inc., XPO Logistics, Worldwide, Inc.. (Attachments: #1 Proposed Order)(Johnson, Timothy) |
| Filing 19 MINUTE ORDER IN CHAMBERS NEW CASE BEFORE JUDGE HATTER: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judges initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents. Judge Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be reached at (213) 894-5276. Counsel shall not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda_skipper@cacd.uscourts.gov, with appropriate inquiries. Judge Hatters courtroom is located on the 9th Floor, at 350 W. 1st Street, United States Courthouse, Courtroom No. 9B. Additional information about Judge Hatters procedures and schedules can be found on the courts website at www.cacd.uscourts.gov. See order for further details. (shb) |
| Filing 17 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Order, #16 . This document was docketed in this case in error. The dates and deadlines set do not apply to this case. (shb) |
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Filing 18
ORDER by Judge Terry J. Hatter, Jr, re Stipulation to Continue trial, #15 : Plaintiff shall file her motion for class certification no later than June 17, 2020. Defendants shall file their opposition to Plaintiff's motion for class certification, if any, no later than July 20, 2020. Plaintiff shall file her reply to Defendants' opposition, if any, no later than August 10, 2020. Further, the pretrial deadlines shall be continued as follows: Non-Expert Discovery Cut-Off: December 23, 2020. Expert Disclosure (Initial): November 11, 2020. Expert Discovery Cut-Off: January 6, 2021. Deadline to Complete Settlement Conference: January 27, 2021. Last Date to File Substantive Motions: February 1, 2021. Last Date to File Motions in limine: 30 Days Before Trial. Final Pretrial Conference: March 24, 2021. A new trial date will be set at the Final Pretrial Conference. The parties shall file all documents for the Final Pretrial Conference pursuant to the Local Rules. All motions will stand submitted without oral arguments. (shb)
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Filing 16
[SEE NOTICE OF CLERICAL ERROR, DKT. #17 ]. ORDER by Judge Terry J. Hatter, Jr, re Stipulation to Continue Dates #15 : The Court has considered the parties stipulation to continue the trial [dkt # 15].Plaintiff shall file her motion for class certification no later than June 17, 2020. Defendants shall file their opposition to Plaintiffs motion for class certification, if any, no later than July 20, 2020. Plaintiff shall file her reply to Defendants opposition, if any, no later than August 10, 2020. Further, the pretrial deadlines shall be continued as follows: Non-Expert Discovery Cut-Off: December 23, 2020. Expert Disclosure (Initial): November 11, 2020. Expert Discovery Cut-Off: January 6, 2021. Deadline to Complete Settlement Conference: January 27, 2021. Last Date to File Substantive Motions: February 1, 2021. Last Date to File Motions in Limine - 30 Days Before Trial. Final Pretrial Conference: - March 24, 2021. A new trial date will be set at the Final Pretrial Conference. The parties shall file all documents for the Final Pretrial Conference pursuant to the Local Rules. A motion will stand submitted without oral arguments. (shb) Modified on 12/19/2019 (shb).
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| Filing 15 STIPULATION to Continue Trial and Class Certification Schedule filed by Defedant XPO Logistics Supply Chain Corporate Services, Inc., XPO Logistics Supply Chain Inc., XPO Logistics, Freight, Inc., XPO Logistics, Inc., XPO Logistics, Worldwide, Inc.. (Attachments: #1 Proposed Order)(Skeen, Spencer) |
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Filing 14
ORDER OF THE CHIEF JUDGE (#19-050) approved by Judge Virginia A. Phillips. IT IS ORDERED, with the concurrence of the Case Management and Assignment Committee, that the following cases be reassigned from the calendar of Judge Andre Birotte, Jr. to the calendar of Judge Terry J. Hatter, Jr. for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:19-cv-00670 TJH(SHKx). (rn)
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Filing 13
ORDER RE JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 1/26/2021 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions In Limine set for 1/8/2021 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 9/24/2019. Non-Expert Discovery cut-off 10/16/2020. Last Date to Hear Motions 10/30/2020. Deadline to Complete Settlement Conference 11/13/2020. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 12/11/2020. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 12/18/2020. See document for further details. (gk)
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Filing 12
ORDER/REFERRAL to ADR Procedure No 1 by Judge Andre Birotte Jr. Case ordered to Magistrate Judge Kewalramani for Settlement Conference. ADR Proceeding to be held no later than 11/13/2020. (cb)
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Filing 11
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the July 26, 2019, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 10
ORDER RE RELIEF FROM LOCAL RULE 23-3 TO FILE CLASS CERTIFICATION MOTION by Judge Andre Birotte Jr.: IT IS HEREBY ORDERED that the Stipulation for Relief from the ninety-day deadline imposed by the Central District of California Civil Local Rule 23-3 #8 is hereby GRANTED, and the Court hereby ORDERS as follows: (1) Plaintiff's deadline to file her motion for class certification shall be due on or before 4/3/2020; (2) Defendant's opposition to Plaintiff's motion for class certification shall be due on or before 5/5/2020; (3) Plaintiff's Reply in support of her motion for class certification shall be due on or before 5/27/2020; and (4) The hearing date for Plaintiff's motion for class certification shall be determined during the 7/26/2019 scheduling conference. (gk)
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| Filing 9 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial Approximately 14 to 21 days if class certification is granted, in whole or in part. Approximately 3 to 5 days for Plaintiff's individual claims., filed by Plaintiff Emerita Corado-Cortez.. (Mauro, Gregory) |
| Filing 8 STIPULATION for Relief from LOCAL RULE 23-3 TO FILE CLASS CERTIFICATION MOTION filed by Plaintiff Emerita Corado-Cortez. (Attachments: #1 [PROPOSED] ORDER RE RELIEF FROM LOCAL RULE 23-3 TO FILE CLASS CERTIFICATION MOTION)(Mauro, Gregory) |
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Filing 7
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 7/26/2019 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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Filing 6
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Shashi H. Kewalramani for discovery. Pursuant to General Order 19-03, this case has been randomly reassigned to District Judge Andre Birotte Jr. The case number on all documents filed with the Court in this case should read as follows: 5:19-cv-00670 AB (SHKx). (esa) |
| CONFORMED COPY OF COMPLAINT against defendants Does 1-50, inclusive, XPO Logistics Supply Chain Corporate Services, Inc., XPO Logistics Supply Chain Inc., XPO Logistics, Freight, Inc., XPO Logistics, Inc., XPO Logistics, Worldwide, Inc., Jury Demand, filed by plaintiff Emerita Corado-Cortez. (Filed in state court 1/15/19, submitted as document 1, attachment 1, p. 15) (esa) |
| CONFORMED COPY OF ANSWER to Complaint filed by defendants XPO Logistics Supply Chain Corporate Services, Inc., XPO Logistics Supply Chain Inc., XPO Logistics, Freight, Inc., XPO Logistics, Inc., XPO Logistics, Worldwide, Inc. (Filed in state court 4/11/19, submitted as document 1, attachment 4)(esa) Modified on 4/15/2019 (esa). |
| Filing 3 CERTIFICATE of Interested Parties filed by defendant XPO Logistics Supply Chain Corporate Services, Inc., XPO Logistics Supply Chain Inc., XPO Logistics, Freight, Inc., XPO Logistics, Inc., XPO Logistics, Worldwide, Inc., (Skeen, Spencer) |
| Filing 2 CIVIL COVER SHEET filed by Defendants XPO Logistics Supply Chain Corporate Services, Inc., XPO Logistics Supply Chain Inc., XPO Logistics, Freight, Inc., XPO Logistics, Inc., XPO Logistics, Worldwide, Inc.. (Skeen, Spencer) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino Superior Court, case number CIVDS1901162 Receipt No: 0973-23545338 - Fee: $400, filed by defendant XPO Logistics, Worldwide, Inc., XPO Logistics Supply Chain Corporate Services, Inc., XPO Logistics, Freight, Inc., XPO Logistics, Inc., XPO Logistics Supply Chain Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Declaration of Jesse C. Ferrantella, #6 Declaration of Debra Myers) (Attorney Spencer C Skeen added to party XPO Logistics Supply Chain Corporate Services, Inc.(pty:dft), Attorney Spencer C Skeen added to party XPO Logistics Supply Chain Inc.(pty:dft), Attorney Spencer C Skeen added to party XPO Logistics, Freight, Inc.(pty:dft), Attorney Spencer C Skeen added to party XPO Logistics, Inc.(pty:dft), Attorney Spencer C Skeen added to party XPO Logistics, Worldwide, Inc.(pty:dft))(Skeen, Spencer) |
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