Jessica Barajas et al v. Tharaldson Hospitality Staffing, LLC et al
| Jessica Barajas, Deandre Frison and Jeanette Johnson |
| Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC, Tharaldson Hospitality Development, LLC and Does 1 through 10, inclusive |
| 5:2019cv01275 |
| July 11, 2019 |
| US District Court for the Central District of California |
| Andre Birotte |
| Terry J Hatter |
| Kenly Kiya Kato |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
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Filing 46
ORDER GRANTING STIPULATION TO AMEND CLASS CERTIFICATION AND DISCOVERY DEADLINES #45 by Judge Terry J. Hatter, Jr: The Court hereby ORDERS as follows: The following Motion for Class Certification Deadlines are hereby amended as follows: Plaintiffs deadline to file Motion - January 29, 2021. Defendants Opposition Deadline - February 12, 2021. Plaintiffs Reply Deadline - March 4, 2021. Hearing Date - April 5, 2021. The following discovery deadlines are hereby amended as follows: Jury Trial Date - October 5, 2021. Non-Expert Discovery Cut-off - May 14, 2021. Expert Discovery Cut-Off - July 6, 2021. See order for further details. (shb)
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| Filing 45 STIPULATION for Leave to Amend Class Certification , STIPULATION for Order Extend discovery deadlines filed by Defendants Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC. (Attachments: #1 Proposed Order)(Hankard, Alexa) |
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Filing 44
ORDER SETTING FINAL PRE-TRIAL CONFERENCE AND REFERRING DISCOVERY by Judge Terry J. Hatter, Jr.: It is Ordered that all discovery matters which become at issue are referred to Magistrate Judge Kenly Kiya Kato for her/his consideration. Please contact the courtroom deputy clerk to the Magistrate Judge regarding these matters. It is Ordered, pursuant to Rule 16 of the Federal Rules of Civil Procedures and Local Rule 16, that the Final Pre-Trial Conference is placed on the Courts calendar for JULY 26, 2021 at 10:00 a.m. in Courtroom No. 9B in the U. S. Courthouse on First Street. See order for further details. (shb)
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| Filing 43 MINUTE 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. The Court further orders the Pretrial Conference set for July 16, 2021 is hereby continued to July 26, 2021 at 10:00 a.m. The Jury Trial date of August 3, 2021 is hereby vacated and a new date will be selected at the pretrial conference hearing. See order for further details. (shb) |
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Filing 42
ORDER OF THE CHIEF JUDGE (#20-041) 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 to 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-01275 TJH(KKx). (rn)
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Filing 41
AMENDED SCHEDULING ORDER by Judge Andre Birotte Jr.: Upon Stipulation #40 , the Court ORDERS that Plaintiffs' deadline to file Motion for Class Certification is 9/25/2020. Defendants' Opposition Deadline 10/23/2020. Plaintiffs' Reply Deadline 11/13/2020. Hearing Date 12/4/2020. Non-Expert Discovery cut-off, for merits discovery, 2/18/2021. See document for further details. (gk)
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| Filing 40 STIPULATION for Order [PROPOSED] AMENDED SCHEDULING ORDER filed by Plaintiffs Jessica Barajas, Deandre Frison, Jeanette Johnson.(Pike, Bevin) |
| Filing 39 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation to Amend/Correct #36 by Judge Andre Birotte Jr. Counsel shall immediately file a Proposed Order and email a Microsoft Word version of the Proposed Order to the chambers email address. (es) |
| Filing 38 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation to Amend/Correct #36 by Judge Andre Birotte Jr. Counsel shall immediately file a Proposed Order and email a Microsoft Word version of the Proposed Order to the chambers email address. (es) |
| Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Amend/Correct #36 . 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. (es) |
| Filing 36 First STIPULATION to AMEND SCHEDULING ORDER Scheduling Order,,,, Set/Reset Deadlines/Hearings,,, #35 filed by Plaintiffs Jessica Barajas, Deandre Frison, Jeanette Johnson.(Pike, Bevin) |
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Filing 35
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 8/3/2021 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions In Limine set for 7/16/2021 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 8/14/2020. Non-Expert Discovery cut-off 8/20/2020. Last Date to Hear Motions 4/16/2021. Deadline to Complete Settlement Conference 3/3/2021 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 6/25/2021. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 7/2/2021. See document for further details. (gk)
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Filing 34
ORDER/REFERRAL to ADR Procedure No 3 by Judge Andre Birotte Jr. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 3/3/2021. (cb)
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Filing 33
(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 February 7, 2020, 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 32 JOINT REPORT Rule 26(f) Discovery Plan filed by Defendants Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC.. (Hutner, Lindsay) |
| Filing 31 ANSWER to Amended Complaint/Petition, #29 filed by Defendants Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC.(Hutner, Lindsay) |
| Filing 30 Demand for Jury Trial (Hutner, Lindsay) |
| Filing 29 THIRD AMENDED COMPLAINT against Defendants Does, Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC amending Amended Complaint/Petition, #20 , filed by Plaintiffs Jessica Barajas, Jeanette Johnson, Deandre Frison (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pike, Bevin) |
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Filing 28
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS SECOND AMENDED COMPLAINT by Judge Andre Birotte Jr: For the reasons stated above, the Court GRANTS in part and DENIES in part Defendants motion to dismiss and/or strike Plaintiffs Second Amended Complaint. In particular, the Court GRANTS Defendants motion to dismiss (1) Plaintiffs first cause of action for unpaid overtime, (2) Plaintiffs fifth cause of action to the extent it is brought under California Labor Code 1174, and (3) Plaintiffs sixth cause of action for wages not timely paid upon termination. These dismissals are with leave to amend. The Court GRANTS Defendants motion to strike Plaintiffs request for injunctive relief. Defendants motion to dismiss is otherwise DENIED. Plaintiffs are ORDERED to file an amended complaint, if any, within fourteen (14) days of the date of issuance of this order. IT IS SO ORDERED. (See order for further details) (yl)
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| Filing 27 MINUTES OF Defendant's Motion to Dismiss and/or Strike Plaintiff's Second Amended Complaint #21 Hearing held before Judge Andre Birotte Jr: The Court having carefully considered the papers and the evidence submitted by the parties, and having conferred with counsel, hereby takes the motion under submission. Court Reporter: Chia Mei Jui. (yl) |
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Filing 26
ORDER CONTINUING HEARING ON DEFENDANTS' MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS' SECOND AMENDED COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation #25 , the hearing on Defendants' Motion to Dismiss and/or to Strike Plaintiffs' Second Amended Complaint #21 is continued to 10/18/2019 at 10:00 AM before Judge Andre Birotte Jr. (gk)
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| Filing 25 STIPULATION to Continue Hearing On Defendants' Motion to Dismiss and/or Strike Plaintiff's Second Amended Complaint from October 4, 2019 to October 11, 2019 Re: NOTICE OF MOTION AND MOTION to Dismiss Case and/or to Strike Plaintiffs' Second Amended Complaint #21 filed by Defendants Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC. (Attachments: #1 Declaration, #2 Proposed Order)(Hutner, Lindsay) |
| Filing 24 REPLY Support NOTICE OF MOTION AND MOTION to Dismiss Case and/or to Strike Plaintiffs' Second Amended Complaint #21 filed by Defendants Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC. (Hutner, Lindsay) |
| Filing 23 OPPOSITION In Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case and/or to Strike Plaintiffs' Second Amended Complaint #21 filed by Plaintiffs Jessica Barajas, Deandre Frison, Jeanette Johnson. (Attachments: #1 Declaration of Bevin Allen Pike)(Pike, Bevin) |
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Filing 22
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 2/7/2020 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 21 NOTICE OF MOTION AND MOTION to Dismiss Case and/or to Strike Plaintiffs' Second Amended Complaint filed by Defendants Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC. Motion set for hearing on 10/4/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration, #2 Proposed Order) (Hutner, Lindsay) |
| Filing 20 SECOND AMENDED COMPLAINT against Defendants Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC amending Amended Complaint/Petition,,, #10 , filed by Plaintiffs Jessica Barajas, Deandre Frison (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Villalba, Orlando) |
| Filing 19 STIPULATION for Leave to File Second Amended Complaint filed by Plaintiffs Jessica Barajas, Deandre Frison.(Villalba, Orlando) |
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Filing 18
ORDER GRANTING STIPULATION TO EXTEND L.R. 23-3 DEADLINE TO FILE A MOTION FOR CLASS CERTIFICATION by Judge Andre Birotte Jr.: Upon Stipulation #15 , the Court hereby ORDERS that the deadline for Plaintiffs to file their Motion for Class Certification pursuant to L.R. 23-3 shall be vacated and, to the extent necessary, will be reset by the Court at the initial scheduling conference. (gk)
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| Filing 17 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Second Amended Complaint filed 8/8/2019 #14 . The document is stricken. (gk) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition, #14 . The following error(s) was/were found: Leave of court required for filing. The docket does not reflect the opposing party's consent nor leave of court to amend the First Amended Complaint, F.R.Civ.P. 15(a)(2). 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) |
| Filing 15 STIPULATION to Continue L.R. 23-3 Deadline to File A Motion for Class Certification filed by Plaintiff Jessica Barajas, Deandre Frison. (Attachments: #1 Declaration of Bevin Allen Pike, #2 Proposed Order)(Pike, Bevin) |
| Filing 14 * STRICKEN * SECOND AMENDED COMPLAINT against Defendants Does, Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC amending Amended Complaint/Petition,,, #10 , filed by Plaintiff Jessica Barajas, Deandre Frison (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pike, Bevin) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 8/12/2019 #17 ** Modified on 8/12/2019 (gk). |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation Extending Time to Answer (30 days or less), #12 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Stipulations - Extending Time to Answer (More than 30 days). The filer used the event, Stipulations - Extending Time to Answer (30 days or less), for docketing this filing. Stipulations for extension of time as to cross-claims, counterclaims, third-party complaints or any amended or supplemental pleadings require approval by the judge, Local Rule 8-3. Proposed Order not submitted herewith. 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) |
| Filing 12 Joint STIPULATION Extending Time to Answer the complaint as to Tharaldson Hospitality Management, LLC, answer now due 8/15/2019; Tharaldson Hospitality Staffing, LLC answer now due 8/15/2019; Tharaldson Hospitality Development, LLC answer now due 8/15/2019, re Amended Complaint/Petition,,, #10 filed by Defendants Tharaldson Hospitality Management, LLC, ; Tharaldson Hospitality Staffing, LLC; Tharaldson Hospitality Development, LLC.(Hutner, Lindsay) |
| Filing 11 DEMAND for Jury Trial filed by Defendants Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC.. (Hutner, Lindsay) |
| Filing 10 FIRST AMENDED COMPLAINT against Defendants Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC amending Complaint - (Discovery),, filed by Plaintiffs Jessica Barajas, Deandre Frison (Attachments: #1 Exhibit 1 part 1-Plaintiff Barajass written notice to the LWDA and Defendants, #2 Exhibit 1 part 2-Plaintiff Barajass written notice to the LWDA and Defendants, #3 Exhibit 2 part 1-Plaintiff Frisons written notices to the LWDA and Defendants dated April 11, 2019 and May 1, 2019, #4 Exhibit 2 part 2-Plaintiff Frisons written notices to the LWDA and Defendants dated April 11, 2019 and May 1, 2019, #5 Exhibit 2 part 3-Plaintiff Frisons written notices to the LWDA and Defendants dated April 11, 2019 and May 1, 2019)(Pike, Bevin) |
| Filing 9 Joint STIPULATION Extending Time to Answer the complaint as to Tharaldson Hospitality Management, LLC, answer now due 8/8/2019; Tharaldson Hospitality Staffing, LLC answer now due 8/8/2019; Tharaldson Hospitality Development, LLC answer now due 8/8/2019, re Complaint - (Discovery), filed by Defendants Tharaldson Hospitality Management, LLC, ; Tharaldson Hospitality Staffing, LLC; Tharaldson Hospitality Development, LLC.(Hutner, Lindsay) |
| Filing 8 CERTIFICATE OF SERVICE filed by Defendants Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC, re Corporate Disclosure Statement, #3 , Notice of Removal (Attorney Civil Case Opening),,, #1 , Civil Cover Sheet (CV-71) #2 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Declaration, #4 , Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form, #5 , Initial Order upon Filing of Complaint - form only #7 served on July 12, 2019. (Hutner, Lindsay) |
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Filing 7
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| 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 Kenly Kiya Kato 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-01275 AB (KKx). (car) |
| Filing 4 DECLARATION of Travis Weller re Notice of Removal (Attorney Civil Case Opening),,, #1 filed by Defendants Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC. (Hutner, Lindsay) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendants Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC identifying Tharaldson Hospitality, LLC as Corporate Parent. (Hutner, Lindsay) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC. (Hutner, Lindsay) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino Superior Court, case number CIVDS1916688 Receipt No: 0973-24066813 - Fee: $400, filed by Defendants Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC, Tharaldson Hospitality Development, LLC. (Attachments: #1 Declaration Declaration of Lindsay Hutner in Support of Notice of Removal, #2 Exhibit Exhibit A to Declaration - Plaintiffs Complaint, #3 Exhibit Exhibit B - All Process pleadings and orders) (Attorney Lindsay Erin Hutner added to party Tharaldson Hospitality Development, LLC(pty:dft), Attorney Lindsay Erin Hutner added to party Tharaldson Hospitality Management, LLC, (pty:dft), Attorney Lindsay Erin Hutner added to party Tharaldson Hospitality Staffing, LLC(pty:dft))(Hutner, Lindsay) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 10, inclusive, Tharaldson Hospitality Development, LLC, Tharaldson Hospitality Management, LLC,, Tharaldson Hospitality Staffing, LLC. Jury Demanded, filed by plaintiffs Jessica Barajas, Deandre Frison. Filed in State Court on 6/7/2019 Submitted with attachment 2 Exhibit A to notice of removal #1 (car) |
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