Brian Gile et al v. Dolgen California, LLC
| Brian Gile and Randolph Gallegos |
| Dolgen California, LLC and Does 1 through 100, inclusive |
| 5:2020cv01863 |
| September 10, 2020 |
| US District Court for the Central District of California |
| Sheri Pym |
| Mark C Scarsi |
| Consumer Credit |
| 28 U.S.C. § 1441 Notice of Removal - Fair Credit Reporting Act |
| Both |
Docket Report
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Filing 165
ORDER from Ninth Circuit Court of Appeals filed. CCA # 22-55987. Pursuant to the stipulation of the parties, this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys' fees on appeal. A copy of this order shall serve as and for the mandate of this court. (mat)
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| Filing 164 Joint STIPULATION to Dismiss Case pursuant to Voluntary Dismissal under Federal Rule of Civil Procedure 23(e) filed by Plaintiffs Randolph Gallegos, Brian Gile. (Attachments: #1 [Proposed] Order Re: Stipulation of Dismissal Pursuant to F.R.C.P. 23(E))(Kingsley, Eric) |
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Filing 163
MINUTE ORDER IN CHAMBERS Order of Dismissal (JS6) by Judge Mark C. Scarsi. re: Notice of Settlement #162 . (smo)
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| Filing 162 NOTICE of Settlement filed by Plaintiffs Randolph Gallegos, Brian Gile. (Kingsley, Eric) |
| Filing 161 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123), #160 . The following error(s) was/were found: Section III of Notice of Appearance or Withdrawal G123 erroneously mentions 'at least one member of the firm or agency named above will continue to serve as counsel of record'. 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 160 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendant Dolgen California, LLC. Sylvia J. Kim is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Dolgen California, LLC. (Beldner, Sabrina) |
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Filing 159
ORDER DENYING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT (SEE DOCUMENT FOR SPECIFICS) #153 by Judge Mark C. Scarsi. (lc)
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Filing 158
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION (ECF No. #153 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion for Partial Summary Judgment (ECF No. #153 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on January 23, 2023, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 157 REPLY In Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff Randolph Gallegos Ninth Cause of Action in the Seventh Amended Complaint #153 Pursuant To L.R. 56-1 and FED. R. CIV. P. 56 filed by Defendant Dolgen California, LLC. (Allen, Joel) |
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Filing 156
ORDER GRANTING JOINT STIPULATION TO: (1) STRIKE JURY DEMAND ON PLAINTIFF'S PAGA CLAIM; AND (2) BIFURCATE/SEQUENCE TRIAL OF JURY AND BENCH TRIAL CLAIMS (SEE DOCUMENT FOR SPECIFICS) #152 by Judge Mark C. Scarsi. (lc) Modified on 1/3/2023 (lc).
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| Filing 155 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff Randolph Gallegos Ninth Cause of Action in the Seventh Amended Complaint #153 filed by Plaintiff Randolph Gallegos. (Attachments: #1 Pls Stmt of Gen Disputes in Support of Pls Opp to D's Mtn for Partial Summary Judgmt)(Kingsley, Eric) |
| Filing 154 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #68 , CCA # 21-56311. The judgment of this Court, entered November 28, 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 Memorandum #150 AFFIRMED.](mat) |
| Filing 153 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff Randolph Gallegos Ninth Cause of Action in the Seventh Amended Complaint filed by Defendant Dolgen California, LLC. Motion set for hearing on 1/23/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of James Matthew Payne, #2 Declaration of Leslie Cheesman, #3 Statement of Uncontroverted Facts, #4 Proposed Order) (Allen, Joel) |
| Filing 152 STIPULATION for Order to STRIKE JURY DEMAND ON PLAINTIFFS PAGA CLAIM AND BIFURCATE/SEQUENCE TRIAL OF JURY AND BENCH TRIAL CLAIMS filed by Defendant Dolgen California, LLC. (Attachments: #1 Proposed Order)(Beldner, Sabrina) |
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Filing 151
MINUTES (IN CHAMBERS) ORDER RE: MOTION FOR REVIEW OFMAGISTRATE JUDGE'S ORDER (ECF No. #149 ) by Judge Mark C. Scarsi. The Court denies the motion. Fact discovery is, and will remain, closed. (See Order on Stip. Extending Dates in Scheduling Order.) (lom)
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| Filing 150 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #68 filed by Dolgen California, LLC. CCA # 21-56311. The decision of the district court is AFFIRMED. (es) |
| Filing 149 NOTICE OF MOTION AND MOTION for Review of THE MAGISTRATE JUDGES NOVEMBER 10, 2022 DISCOVERY ORDER PURSUANT TO L.R. 72-2.1 AND FED. R. CIV. P. 72(A) re Order on Motion to Compel, #145 filed by Defendant Dolgen California, LLC. Motion set for hearing on 1/9/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Proposed Order) (Allen, Joel) |
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Filing 148
ORDER ON STIPULATION EXTENDING DATES IN THE SCHEDULING ORDER (ECF NO. #146 ) by Judge Mark C. Scarsi. The Court hereby orders as follows: 1. The Non-Expert discovery cut-off is extended to November 21, 2022 for the limited purpose of Defendant taking the deposition of Plaintiff Giles. The now-lapsed November 14, 2022 cut-off applies to all other non-expert discovery. (lom)
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| Filing 146 Joint STIPULATION to Extend Discovery Cut-Off Date to November 21, 2022 filed by PLAINTIFFS Randolph Gallegos, Brian Gile.(Kingsley, Eric) |
| Filing 147 MINUTES OF TELEPHONIC CONFERENCE RE EX PARTE APPLICATION TO COMPEL DEPOSITION #142 held before Magistrate Judge Sheri Pym: On November 10, 2022, the court held a telephonic conference as previously scheduled. Attorney Craig Momita appeared for plaintiffs. Attorney Joel Allen appeared for defendant. Following discussion between the court and counsel, the court grants the Ex Parte Application to Compel the Deposition of Brian Gile (docket no. 142), unless plaintiffs confirm that they are withdrawing their PAGA claims with respect to employees who worked at Market stores. The court directs the parties to meet and confer as to when the deposition will take place. Granting #142 Ex Parte Application to Compel Deposition. Court Reporter: XTR recording. (es) |
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Filing 145
MINUTES (In Chambers) Order Granting in Large Part Plaintiff's Motion to Compel #132 by Magistrate Judge Sheri Pym: Granting #132 Motion to Compel. The court held a hearing on November 8, 2022, and took the motion under submission. For the following reasons, the court now grants in large part plaintiffs'motion to compel. [See document for further details.] (es)
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| Filing 144 MEMORANDUM in Opposition to EX PARTE APPLICATION to Compel Deposition of BRIAN GILE PURSUANT TO F.R.C.P. 30 #142 filed by Plaintiffs Randolph Gallegos, Brian Gile. (Momita, Craig) |
| Filing 143 SCHEDULING NOTICE A Telephone Conference by Zoom has been set for 11/10/2022 02:00 PM before Magistrate Judge Sheri Pym visit http://www.cacd.uscourts.gov/honorable-sheri-pym for login information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rma) TEXT ONLY ENTRY |
| Filing 142 EX PARTE APPLICATION to Compel Deposition of BRIAN GILE PURSUANT TO F.R.C.P. 30 filed by Defendant Dolgen California, LLC. (Attachments: #1 Proposed Order)(Allen, Joel) |
| Filing 141 MINUTES OF HEARING ON PLAINTIFFS NOTICE OF MOTION TO COMPEL #132 held before Magistrate Judge Sheri Pym. The court took the motion under submission. The court will issue a separate order detailing the courts ruling on the motion. Court Recorder: RS-CS-SO. (kca) |
| Filing 140 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: JOINT STIPULATED MOTION FOR RECONSIDERATION #138 . The parties jointly moved to stay this proceeding pending the Ninth Circuit's resolution of two interlocutory appeals in this case and the California Supreme Court's resolution of Adolph v. Uber Technologies, Inc., No. S274671. (Mot. to Stay, ECF No. 133.) The Court denied the motion. (Order, ECF No. 138.) Hours later, the Ninth Circuit granted Plaintiffs' petition for permission to appeal. (9th Cir. Order, ECF No. 135.) The parties now jointly move for reconsideration of the Order given this new development. The motion is granted in part and denied in part. reconsideration is warranted insofar as the Ninth Circuit's grant of Plaintiffs' petition to appeal constitutes "the emergence of new material facts or a change of law occurring after the Order was entered." C.D. Cal. R. 7-18(b). However, reconsideration of the Order is not appropriate for the purpose of considering the parties' new arguments on the stay factors articulated in Nken v. Holder, 556 U.S. 418 (2009). (Mot. for Recons. 3- 5.) These arguments could have been raised in briefing before the Court ruled on the motion to stay. See C.D. Cal. R. 7-18. Notwithstanding the Ninth Circuit's order, the Nken factors on balance still favor denial of the motion to stay. To wit, the parties did not (and still have not) shown that Plaintiffs are likely to succeed on the merits of their appeal or that the parties would be irreparably prejudiced absent a stay.The Court, on its own motion under Federal Rule of Civil Procedure 54(b),modifies the Order to omit the following sentence: "The Ninth Circuit has not even decided whether to permit Plaintiffs to appeal the class certification order." The balance of the Order, including the Court's ultimate disposition, remains in place. (lc) |
| Filing 139 Text Only Entry re MOTION to Compel #132 . Hearing time is changed from 10:00 a.m. to 10:30 a.m. on Tuesday, November 8, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY |
| Filing 138 Joint NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held #134 filed by PLAINTIFFS Randolph Gallegos, Brian Gile. Motion set for hearing on 12/5/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 [Proposed] Order to Stay Trial Court Proceedings) (Kingsley, Eric) |
| Filing 137 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. The Court has revised its procedures regarding mandatory chambers copies in civil cases newly assigned to Judge Scarsi. The Court authorizes the parties to this case to follow the new procedures in lieu of the procedures stated in Initial Standing Order 9(e). More information about the new procedures is available at https://www.cacd.uscourts.gov/honorable-mark-c-scarsi THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
| FILING FEE PAID for Notice of Appeal to Ninth Circuit Court of Appeals. Receipt No. ACACDC-34217295 for $505 filing fee. (Kingsley, Eric) |
| Filing 136 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-55987 assigned to USCA Memorandum/Opinion/Order, #135 as to plaintiff Randolph Gallegos, Brian Gile. (mat) |
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Filing 135
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #68 filed by Dolgen California, LLC. CCA # 22-80080. The court, in its discretion, grants the petition for permission to appeal the district courts August 2, 2022 order denying class action certification. Within 14 days after the date of this order, petitioner shall perfect the appeal in accordance with Federal Rule of Appellate Procedure 5(d). (mat)
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Filing 134
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER DENYING JOINT STIPULATED MOTION TO STAY TRIAL COURT PROCEEDINGS (SEE DOCUMENT FOR SPECIFICS) #133 . (lc)
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| Filing 133 Joint STIPULATION to Stay Case pending STAY TRIAL COURT PROCEEDINGS filed by PLAINTIFFS Randolph Gallegos, Brian Gile. (Attachments: #1 Declaration of Liane Katzenstein Ly In Support of Plaintiffs' and Defendant's Joint Stipulated Motion to Stay Trial Court Proceedings, #2 Request for Judicial Notice In Support of Plaintiffs' and Defendant's Joint Stipulated Motion to Stay Trial Court Proceedings, #3 Ex 1 to Request for Judicial Notice In Support of Plaintiffs' and Defendant's Joint Stipulated Motion to Stay Trial Court Proceedings, #4 Ex 2 to Request for Judicial Notice In Support of Plaintiffs' and Defendant's Joint Stipulated Motion to Stay Trial Court Proceedings, #5 Ex 3 to Defendants Kingsley & Kingsley and Eric Kingsley's Request for Judicial Notice In Support of Motion to Dismiss Plaintiff's Complaint (Fed. R. Civ. P. 12(B)(6)), #6 Ex 4 to Request for Judicial Notice In Support of Plaintiffs' and Defendant's Joint Stipulated Motion to Stay Trial Court Proceedings, #7 Ex 5 to Defendants Kingsley & Kingsley and Eric Kingsley's Request for Judicial Notice In Support of Motion to Dismiss Plaintiff's Complaint (Fed. R. Civ. P. 12(B)(6)), #8 Ex 6 to Request for Judicial Notice In Support of Plaintiffs' and Defendant's Joint Stipulated Motion to Stay Trial Court Proceedings, #9 Ex 7 to Request for Judicial Notice In Support of Plaintiffs' and Defendant's Joint Stipulated Motion to Stay Trial Court Proceedings, #10 [Proposed] Order to Stay Trial Proceedings)(Kingsley, Eric) |
| Filing 132 Notice OF MOTION TO COMPEL DISCOVERY RESPONSES TO SPECIAL INTERROGATORIES NOS. 8-10 AND REQUESTS FOR PRODUCTION NOS. 11-23 filed by PLAINTIFFS Randolph Gallegos, Brian Gile. (Attachments: #1 Declaration of Liane Katzenstein Ly In Support of Joint Stipulation Regarding Discovery Disputes, #2 Declaration of Joel S. Allen In Support of Joint Stipulation Regarding Discovery Disputes, #3 Joint Stipulation Regarding Discovery Disputes)(Kingsley, Eric) Modified on 10/19/2022 (es). |
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Filing 131
ORDER RE: JURY TRIAL I. SCHEDULE II. TRIAL PREPARATION III. CONDUCT OF ATTORNEYS AND PARTIES (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES) by Judge Mark C. Scarsi. (lc)
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Filing 130
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: In its order denying Plaintiffs' motion for class certification, the Court ordered the parties to submit a proposed schedule with a trial date no later than March 14, 2023. The parties submitted proposed dates in line with the Court's order. For internal scheduling purposes, the Court deviates from the March 14, 2023 trial date and sets the following schedule:Final Pretrial Conference set for 4/3/2023 02:00 PM ; Jury Trial set for 4/18/2023 08:30 AM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). The Court also refers the parties to private mediation. The parties may stipulate to another alternative dispute resolution procedure. The Court concurrently enters an Order Re: Jury Trial consistent with these dates. (lc)
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Filing 129
ORDER/REFERRAL to ADR Procedure No 3 by Judge Mark C. Scarsi. 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 February 6, 2023. (smo)
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| Filing 128 Proposed Scheduling Order re Briefing Schedule for Future Dates filed by Plaintiffs Randolph Gallegos, Brian Gile (Kingsley, Eric) |
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Filing 127
ORDER GRANTING PLAINTIFFS' APPLICATION FOR LEAVE TO FILE REPLY DOCUMENTS UNDER SEAL (ECF NO. #118 ) by Judge Mark C. Scarsi. See order for details. (lom)
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Filing 126
ORDER GRANTING DEFENDANT'S APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL (ECF NO. #106 ) by Judge Mark C. Scarsi. See order for details. (lom)
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Filing 125
ORDER DENYING MOTION FOR CLASS CERTIFICATION (ECF NO. #99 ) by Judge Mark C. Scarsi. The Court DENIES the motion #99 . Within 21 days, the parties shall jointly file a proposed schedule for future dates in this case, setting a trial date no later than March 14, 2023. (lom)
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Filing 124
ORDER GRANTING PLAINTIFFS' AMENDED APPLICATION FOR LEAVE TO FILE UNDER SEAL IN MOTION FOR CLASS CERTIFICATION (ECF NO. #98 ) AND DENYING AS MOOT PLAINTIFFS' APPLICATION FOR LEAVE TO FILE UNDER SEAL (ECF NO. #92 ) by Judge Mark C. Scarsi. See order for details. (lom)
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| Filing 123 OBJECTIONS to Objection/Opposition (Motion related), #122 , Objection/Opposition (Motion related), #121 Objections to and Motion to Strike Defendant's Unauthorized Sur-Replies filed by Plaintiffs Randolph Gallegos, Brian Gile. (Kingsley, Eric) |
| Filing 122 OBJECTION in Opposition re: NOTICE OF MOTION AND MOTION to Certify Class #99 OBJECTIONS TO AND MOTION TO STRIKE SUPPLEMENTAL DECLARATION OF LIANE KATZENSTEIN LY IN SUPPORT OF MOTION FOR CLASS CERTIFICATION [DKT. #112-1] filed by Defendant Dolgen California, LLC. (Allen, Joel) |
| Filing 121 OBJECTION in Opposition re: NOTICE OF MOTION AND MOTION to Certify Class #99 OBJECTIONS TO AND MOTION TO STRIKE (1) PLAINTIFFS NEW REPLY ARGUMENTS AND AUTHORITIES IMPROPERLY SUBMITTED IN SUPPORT OF MOTION FOR CLASS CERTIFICATION [DKT. #112] AND (2) REPLY DECLARATION OF BRIAN KRIEGLER, PH.D. IMPROPERLY SUBMITTED IN SUPPORT OF MOTION FOR CLASS CERTIFICATION [DKT. #112-2] filed by Defendant Dolgen California, LLC. (Allen, Joel) |
| Filing 120 Notice of Withdrawal of Motion for Leave to File Document, #117 filed by PLAINTIFFS Randolph Gallegos, Brian Gile. (Kingsley, Eric) |
| Filing 119 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #118 filed by Plaintiffs Randolph Gallegos, Brian Gile. (Attachments: #1 Plaintiff's Reply In Support of Motion for Class Certification, #2 Supplemental Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #3 Reply Declaration of Brian Kriegler, PH.D. In Support of Plaintiffs' Motion for Class Certification, #4 Proof of Service)(Kingsley, Eric) |
| Filing 118 APPLICATION to file document under seal filed by Plaintiffs Randolph Gallegos, Brian Gile. (Attachments: #1 [Proposed] Order Granting Plaintiffs' Application for Leave to File Reply Documents Under Seal)(Kingsley, Eric) |
| Filing 117 APPLICATION for Leave to file to File Reply Documents Under Seal filed by PLAINTIFFS Randolph Gallegos, Brian Gile. (Attachments: #1 [Proposed] Order Granting Plaintiffs' Application for Leave to File Reply Documents Under Seal) (Kingsley, Eric) |
| Filing 116 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION to file document under seal #113 (Reply) by Judge Mark C. Scarsi. The document is stricken and counsel is ordered to file an amended or corrected document by July 5, 2022. (smo) |
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Filing 115
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTIONS (ECF Nos. #99 and #100 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motions to Certify Class (ECF Nos. #99 and #100 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on July 11, 2022, have been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 114 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION to file document under seal #113 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Reply (motion related). pdf is NOT an application nor motion, and was erroneous set on Judges Motion calendar. Note clerk has TERMED ONLY the erroneous hearing created. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 113 APPLICATION to file document under seal filed by Plaintiffs Randolph Gallegos, Brian Gile. Application set for hearing on 7/11/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Supplemental Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #2 Declaration of Ari J. Stiller In Support of Plaintiffs' Filing of Reply Documents Under Seal, #3 Reply Declaration of Brian Kriegler, PH.D. In Support of Plaintiffs' Motion for Class Certification, #4 Proof of Service Re: Plaintiffs' Reply In Support of Motion for Class Certification and Unredacted Versions of Documents to be Filed Under Seal)(Kingsley, Eric) |
| Filing 112 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Certify Class #99 filed by Plaintiffs Randolph Gallegos, Brian Gile. (Attachments: #1 Supplemental Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #2 Reply Declaration of Brian Kriegler, PH.D. In Support of Plaintiffs' Motion for Class Certification)(Kingsley, Eric) |
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Filing 111
ORDER GRANTING JOINT STIPULATED REQUEST TO WITHDRAW DEFENDANT'S MOTION TO EXCLUDE PLAINTIFF'S EXPERT BRIAN KRIEGLER, PH.D.'S DECLARATION AND TESTIMONY AND STRIKE PLAINTIFFS' REQUEST FOR CERTIFICATION OF FOUR SUBCLASSES #110 by Judge Mark C. Scarsi: 1. Plaintiff Gallegos will not pursue class certification of the following five subclasses: (1) On-Duty Meal Period Subclass; (2) Opening Shift Off-The-Clock Subclass; (3) Closing Shift Off-The-Clock Subclass; (4) Former Employee Subclass; and (5) Wage Statement Subclass, each of which shall be deemed stricken from Plaintiffs' Motion for Class Certification ("MFCC") and shall be dismissed without prejudice. 2. Plaintiff Gallegos does not waive any rights with respect to the two remaining subclasses in the MFCC, namely, the Expense Reimbursement Subclass and the PAGA Subclass as it pertains to the Expense Reimbursement Subclass(the "Remaining Claims") ; 3. Defendant's Motion to Exclude Plaintiff's Expert Brian Kriegler, Ph.D's Declaration (ECF No. 109) is hereby withdrawn, and all related briefing and hearing deadlines shall be vacated. 4. The Parties do not waive and expressly reserve all claims, defenses and arguments in this action as to the Remaining Claims, and Defendant does not waive and expressly reserve its evidentiary objections to Dr. Kriegler's declaration and testimony as set forth in its Compendium of Evidentiary Objections to the MFCC (See Dkt. 108-1), and its objections and challenges to Dr. Kriegler's methodology, as related to Plaintiffs Remaining Claims.5. The Court directs the Clerk to terminate the motion at ECF No. #109 . (lc)
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| Filing 110 Joint STIPULATION to Strike filed by Defendants Randolph Gallegos, Brian Gile. (Attachments: #1 [Proposed] Order Granting Joint Stipulated Request to Withdraw Defendant's Motion to Exclude Plaintiff's Expert Brian Kriegler, PH.D.'s Declaration and Testimony and Strike Plaintiffs' Request for Certification of Four Subclasses)(Kingsley, Eric) |
| Filing 109 NOTICE OF MOTION AND MOTION to Exclude Plaintiffs Expert Brian Kriegler, Ph.Ds Declaration And Testimony filed by Defendant Dolgen California, LLC. Motion set for hearing on 7/11/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Allen, #2 Proposed Order) (Allen, Joel) |
| Filing 108 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class #99 filed by Defendant Dolgen California, LLC. (Attachments: #1 Compendium of Evidentiary Objections, #2 REDACTED Compendium of Declarations, #3 Declaration of Julie Claybrook, #4 Declaration of Leslie Cheesman, #5 Declaration of Matt Payne, #6 Declaration of Michael Czubik, #7 Declaration of Tim Bartlett, #8 REDACTED Dec of Allen MCC, #9 REDACTED Dec of Buchanan, #10 REDACTED Declaration of Arnold Rios, #11 REDACTED Declaration of Mike Mulhern, #12 Request for Judicial Notice)(Allen, Joel) |
| Filing 107 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Opposition to Motion for Class Certification and Supporting Documents under seal #106 filed by Defendant Dolgen California, LLC.(Allen, Joel) |
| Filing 106 APPLICATION to file document Opposition to Motion for Class Certification and Supporting Documents under seal filed by Defendant Dolgen California, LLC. (Attachments: #1 Redacted Documents, #2 Proposed Order)(Allen, Joel) |
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Filing 105
ORDER GRANTING STIPULATED REQUEST TO EXTEND DEFENDANTS DEADLINE TO FILE OPPOSITION TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION DUE TO MEDICAL UNAVAILABILITY OF PLAINTIFF'S EXPERT WITNESS FOR DEPOSITION #104 by Judge Mark C. Scarsi : Defendant's Deadline to File Opposition to Plaintiff's Motion for Class Certification: June 7, 2022; Plaintiff's Deadline to File Reply to Defendant's Opposition: June 28, 2022' Hearing on Motion for Class Certification: July 11, 2022 at 9:00 a.m. (lc) Modified on 5/25/2022 (lc).
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| Filing 104 Joint STIPULATION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Class Certification Due to Medical Unavailability of Plaintiff's Expert Witness for Deposition filed by Plaintiffs Randolph Gallegos, Brian Gile. (Attachments: #1 Declaration DECLARATION OF LIANE KATZENSTEIN LY IN SUPPORT OF THE JOINT STIPULATED REQUEST TO EXTEND DEFENDANTS DEADLINE TO FILE OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION DUE TO MEDICAL UNAVAILABILITY OF PLAINTIFFS EXPERT WITNESS FOR DEPOSITION, #2 Proposed Order [PROPOSED] ORDER GRANTING STIPULATED REQUEST TO EXTEND DEFENDANTS DEADLINE TO FILE OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION DUE TO MEDICAL UNAVAILABILITY OF PLAINTIFFS EXPERT WITNESS FOR DEPOSITION)(Kingsley, Eric) |
| Filing 103 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #92 filed by Defendant Dolgen California, LLC.(Allen, Joel) |
| Filing 102 PROOF OF SERVICE filed by PLAINTIFFS Randolph Gallegos, Brian Gile, re APPLICATION to file document under seal #92 served on May 6, 2022. (Kingsley, Eric) |
| Filing 101 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #92 filed by Plaintiffs Randolph Gallegos, Brian Gile. (Attachments: #1 Ex A to Decl of Ari J. Stiller, #2 Ex B to Decl of Ari J. Stiller, #3 Ex C to Decl of Ari J. Stiller, #4 Unredacted Plaintiffs' Motion for Class Certification, #5 Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #6 Unredacted Ex A to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #7 Ex B to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #8 Ex C to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #9 Ex D to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #10 Ex E to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #11 Ex F to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #12 Ex G to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #13 Ex H to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #14 Ex I to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #15 Ex J to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #16 Ex K to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #17 Ex L to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #18 Ex M to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #19 Ex N to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #20 Ex O to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #21 Unredacted Ex P to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #22 Unredacted Ex Q to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #23 Unredacted Ex R to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #24 Unredacted Ex S to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #25 Unredacted Ex T to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #26 Unredacted Ex U to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #27 Ex V to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #28 Ex W to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #29 Ex X to Declaration of Liane Katzenstein Ly in Support of Plaintiffs' Motion for Class Certification, #30 Unredacted Declaration of Randolph Gallegos in Support of Plaintiffs' Motion for Class Certification, #31 Proof of Service)(Kingsley, Eric) |
| Filing 100 NOTICE OF MOTION AND MOTION to Certify Class Redacted Declaration of Randolph Gallegos In Support of Plaintiffs' Motion for Class Certification filed by PLAINTIFFS Randolph Gallegos, Brian Gile. Motion set for hearing on 7/11/2022 at 09:00 AM before Judge Mark C. Scarsi. (Kingsley, Eric) |
| Filing 99 NOTICE OF MOTION AND MOTION to Certify Class filed by PLAINTIFFS Randolph Gallegos, Brian Gile. Motion set for hearing on 7/11/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #2 Redacted Ex A to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #3 Ex B to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #4 Ex C to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #5 Ex D to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #6 Ex E to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #7 Ex F to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #8 Ex G to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #9 Ex H to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #10 Ex I to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #11 Ex J to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #12 Ex K to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #13 Ex L to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #14 Ex M to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #15 Ex N to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #16 Ex O to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #17 Redacted Ex P to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #18 Redacted Ex Q to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #19 Redacted Ex R to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #20 Redacted Ex S to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #21 Redacted Ex T to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #22 Redacted Ex U to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #23 Ex V to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #24 Ex W to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #25 Ex X to Declaration of Liane Katzenstein Ly In Support of Plaintiffs' Motion for Class Certification, #26 Declaration of Mike M. Arias In Support of Plaintiffs' Motion for Class Certification, #27 Declaration of Brian Kriegler, PH.D. In Support of Plaintiffs' Motion for Class Certification, #28 [Proposed] Order Granting Plaintiffs' Motion for Class Certification) (Kingsley, Eric) |
| Filing 98 APPLICATION for Leave to file DOCUMENTS UNDER SEAL IN MOTION FOR CLASS CERTIFICATION filed by PLAINTIFFS Randolph Gallegos, Brian Gile. (Attachments: #1 Declaration of Ari J. Stiller In Support of Plaintiffs' Amended Application for Leave to File Documents Under Seal In Motion for Class Certification, #2 Ex A to Declaration of Ari J. Stiller In Support of Plaintiffs' Amended Application for Leave to File Documents Under Seal In Motion for Class Certification, #3 Ex B to Declaration of Ari J. Stiller In Support of Plaintiffs' Amended Application for Leave to File Documents Under Seal In Motion for Class Certification, #4 Ex C to Declaration of Ari J. Stiller In Support of Plaintiffs' Amended Application for Leave to File Documents Under Seal In Motion for Class Certification, #5 [Proposed] Order Granting Plaintiffs' Amended Application for Leave to File Under Seal In Motion for Class Certification, #6 Proof of Service Re: Plaintiffs' Amended Application for Leave to File Documents Under Deal In Motion for Class Certification and Unredacted Versions of Documents Proposed to Be Filed Under Seal) (Kingsley, Eric) |
| Filing 97 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #92 filed by Defendant Dolgen California, LLC.(Allen, Joel) |
| Filing 96 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Proof of Service (subsequent documents) #93 by Judge Mark C. Scarsi. The document is stricken and counsel is ordered to file an amended or corrected document by May 11, 2022. (smo) |
| Filing 95 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) #93 . The following error(s) was/were found: Title page is missing. Every separately filed document is to have a formal title page. MISSING LR-11-3.8 required filer, attorney, court and case information. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
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Filing 94
MINUTES (IN CHAMBERS) ORDER DENYING MOTION FOR JUDGMENT ON THE PLEADINGS (ECF No. 86) by Judge Mark C. Scarsi: Court DENIES the motion without prejudice to renewal after the opportunity for appropriate factual development. See document for details. (smo)
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| Filing 93 PROOF OF SERVICE filed by PLAINTIFF Randolph Gallegos, Brian Gile, re APPLICATION to file document under seal #92 served on May 6, 2022. (Kingsley, Eric) |
| Filing 92 APPLICATION to file document under seal filed by Plaintiffs Randolph Gallegos, Brian Gile. (Attachments: #1 Declaration of Ari J. Stiller In Support of Plaintiffs' Application for Leave to File Documents Under Seal In Motion for Class Certification on May 9, 2022, #2 Ex A to Declaration of Ari J. Stiller In Support of Plaintiffs' Application for Leave to File Documents Under Seal In Motion for Class Certification on May 9, 2022, #3 Ex B to Declaration of Ari J. Stiller In Support of Plaintiffs' Application for Leave to File Documents Under Seal In Motion for Class Certification on May 9, 2022, #4 [Proposed] Order Granting Plaintiffs' Application for Leave to File Documents Under Seal In Motion for Class Certification on May 9, 2022)(Kingsley, Eric) |
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Filing 91
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION (ECF No. #86 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion for Judgment on the Pleadings (ECF No. #86 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on May 2, 2022, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 90 REPLY in Support of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Plaintiff Brian Gile's Claims in the Seventh Amended Complaint #86 filed by Defendant Dolgen California, LLC. (Attachments: #1 Evidentiary Objections to Brownstein Declaration re Opposition to MJOP, #2 Evidentiary Objections to Gile Declaration re Opposition to MJOP, #3 Evidentiary Objections to Momita Declaration re Opposition to MJOP)(Beldner, Sabrina) |
| Filing 89 Opposition in opposition to re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Plaintiff Brian Gile's Claims in the Seventh Amended Complaint #86 filed by Plaintiff Brian Gile. (Attachments: #1 Declaration Declaration of Richard A. Brownstein in Support of Plaintiff Brian Giles Opposition to Defendants Motion for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c), #2 Declaration Declaration of Craig S. Momita in Support of Opposition to Defendant's Motion for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c), #3 Declaration Declaration of Brian Gile in Support of Opposition to Defendant's Motion for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c))(Momita, Craig) |
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Filing 88
ORDER GRANTING JOINT STIPULATION TO STRIKE SUBCLASS 1 ALLEGATIONS AND NOT PURSUE CLASS CERTIFICATION THEREON #87 by Judge Mark C. Scarsi. (lc)
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| Filing 87 STIPULATION for Order To Strike Subclass 1 Allegations And Not Pursue Class Certification Thereon filed by Defendant Dolgen California, LLC. (Attachments: #1 Proposed Order)(Beldner, Sabrina) |
| Filing 86 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Plaintiff Brian Gile's Claims in the Seventh Amended Complaint filed by Defendant Dolgen California, LLC. Motion set for hearing on 5/2/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Proposed Order) (Beldner, Sabrina) |
| Filing 85 NOTICE of Association of Counsel associating attorney Eric Kingsle, Esq.; Liane Katzenstein Ly, Esq.; Ari J. Stiller, Esq.; Jessica Adlouni, Esq. of KINGSLEY & KINGSLEY, APC on behalf of Plaintiffs Randolph Gallegos, Brian Gile. Filed by Plaintiffs Randolph Gallegos, Brian Gile (Momita, Craig) |
| Filing 84 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Association of Counsel, #81 by Judge Mark C. Scarsi. The document is stricken and counsel is ordered to file an amended or corrected document by March 10, 2022. (smo) |
| Filing 83 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Association of Counsel, #81 . The following error(s) was/were found: Notice of Association of Counsel not signed by Kingsley and Kingsley APC.. 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 82 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER GRANTING Plaintiffs Brian Gile and Randolph Gallegos applied ex parte to continue class certification and discovery deadlines #80 . RE Motion for Class Certification: filing deadline: May 9, 2022; Hearing date : July 11,2022 9:00 AM; Opposition: May 31,2022 (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc) |
| Filing 81 NOTICE of Association of Counsel associating attorney Eric Kingsle, Esq.; Liane Katzenstein Ly, Esq.; Ari J. Stiller, Esq.; Jessica Adlouni, Esq. and KINGSLEY & KINGSLEY, APC on behalf of Plaintiffs Randolph Gallegos, Brian Gile. Filed by Plaintiffs Randolph Gallegos, Brian Gile (Momita, Craig) |
| Filing 80 EX PARTE APPLICATION to Continue Class Certification and Related Deadlines from May 30, 2022 to July 29, 2022 filed by Plaintiffs Randolph Gallegos, Brian Gile. (Attachments: #1 Proposed Order) (Momita, Craig) |
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Filing 79
MINUTE ORDER (IN CHAMBERS) ORDER DENYING STIPULATION TO CONTINUE by Judge Mark C. Scarsi, re: Stipulation to Continue (ECF No. #78 ). Discovery has been open for at least six months. The Court set an appropriate case schedule, and the parties have not provided cause to depart from it. The stipulation is denied. See document for details. (smo)
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| Filing 78 Joint STIPULATION to Continue Continue Class Certification and Related Deadlines from March 25, 2022 to April 25, 2022 Re: Order,, Set/Reset Deadlines, #57 filed by plaintiffs Randolph Gallegos, Brian Gile. (Attachments: #1 Proposed Order)(Momita, Craig) |
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Filing 77
ORDER DENYING STIPULATION CONTINUING CLASS CERTIFICATION AND RELATED DEADLINES IN AID OF EFFORT TO RESOLVE PENDING DISCOVERY DISPUTES #76 by Judge Mark C. Scarsi (lc)
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| Filing 76 Joint STIPULATION to Continue Class Certification and Related Deadlines filed by Defendant Dolgen California, LLC. (Attachments: #1 Proposed Order)(Beldner, Sabrina) |
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Filing 75
ORDER DENYING DEFENDANT'S MOTION TO STAY CASE PENDING APPEAL #69 by Judge Mark C. Scarsi (lc)
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Filing 74
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION (ECF No. #69 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion to Stay Case Pending Appeal of Order on Motion to Compel Arbitration (ECF No. #69 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on January 3, 2021, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 73 REPLY in Support of NOTICE OF MOTION AND MOTION to Stay Case pending Appeal of Order on Motion to Compel Arbitration #69 filed by Defendant Dolgen California, LLC. (Beldner, Sabrina) |
| Filing 72 DESIGNATION of Record on Appeal by Defendant Dolgen California, LLC re #68 (Beldner, Sabrina) |
| Filing 71 Plaintiffs' Memorandum in Opposition to Defendant's Motion to Stay Trial Court Proceedings Pending Appeal of The Court's Order Denying Defendant's Motion to Compel Arbitration; Declaration of Craig S. Momita in Support Thereof in opposition to re: NOTICE OF MOTION AND MOTION to Stay Case pending Appeal of Order on Motion to Compel Arbitration #69 filed by Plaintiffs Randolph Gallegos, Brian Gile. (Attachments: #1 Declaration Declaration of Craig S. Momita)(Momita, Craig) |
| Filing 70 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-56311 assigned to Notice of Appeal to 9th Circuit Court of Appeals #68 as to defendant Dolgen California, LLC. (lc) |
| Filing 69 NOTICE OF MOTION AND MOTION to Stay Case pending Appeal of Order on Motion to Compel Arbitration filed by Defendant Dolgen California, LLC. Motion set for hearing on 1/3/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Proposed Order) (Beldner, Sabrina) |
| Filing 68 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant Dolgen California, LLC. Appeal of Order on Motion to Compel Arbitration #67 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-32431643.) (Beldner, Sabrina) |
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Filing 67
ORDER DENYING DEFENDANT DOLGEN CALIFORNIA, LLC'S MOTION TO COMPEL ARBITRATION #53 by Judge Mark C. Scarsi (lc)
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Filing 66
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION (ECF No. #53 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion(s) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on October 25, 2021, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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Filing 65
STIPULATED PROTECTIVE ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca)
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| Filing 64 STIPULATION for Protective Order filed by Defendant Dolgen California, LLC. (Attachments: #1 Proposed Order)(Allen, Joel) |
| Filing 63 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendant Dolgen California, LLC. Amy E. Beverlin is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Dolgen California, LLC. (Beldner, Sabrina) |
| Filing 62 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendant Dolgen California, LLC. Kerri H. Sakaue is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Dolgen California, LLC. (Beldner, Sabrina) |
| Filing 61 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendant Dolgen California, LLC. Matthew C. Kane is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Dolgen California, LLC. (Beldner, Sabrina) |
| Filing 60 Notice of Appearance or Withdrawal of Counsel: for attorney Sabrina A Beldner counsel for Defendant Dolgen California, LLC. Adding Sabrina A. Beldner as counsel of record for Dolgen California, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Dolgen California, LLC. (Attorney Sabrina A Beldner added to party Dolgen California, LLC(pty:dft))(Beldner, Sabrina) |
| Filing 59 REPLY in Support of NOTICE OF MOTION AND MOTION to Compel Arbitration #53 filed by Defendant Dolgen California, LLC. (Beverlin, Amy) |
| Filing 58 Notice of Appearance or Withdrawal of Counsel: for attorney Amy E Beverlin counsel for Defendant Dolgen California, LLC. Matthew Kane is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Dolgen California, LLC. (Beverlin, Amy) |
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Filing 57
ORDER ON REVISED CLASS CERTIFICATION DATES by Judge Mark C. Scarsi, re Report #56 . The Court sets the following dates: Non-Expert Discovery Cut-Off is 9/30/2022, Expert Discovery Cut-Off is 10/31/2022, and the Deadline to File Motion for Class Certification is 3/25/2022. See document for additional details. Attachments> (smo)
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| Filing 56 Revised Joint Rule 26(f) REPORT filed by Defendant Dolgen California, LLC. (Beverlin, Amy) |
| Filing 55 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Compel Arbitration #53 Declaration of Craig S. Momita in support therof filed by Plaintiffs Randolph Gallegos, Brian Gile. (Momita, Craig) |
| Filing 54 MINUTES OF Scheduling Conference held before Judge Mark C. Scarsi. The Court questions counsel about their proposed pretrial and trial schedule. For reasons stated on the record, the Court orders the parties to file a revised Joint Rule 26(f) by no later than September 13, 2021. The parties are encouraged to start discovery which will not be construed as a waiver of any right to compel arbitration. Court Reporter: Gaye Limon. (lc) |
| Filing 53 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant Dolgen California, LLC. Motion set for hearing on 10/25/2021 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Roach, #2 Declaration of Savaloja) (Kane, Matthew) |
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Filing 52
ORDER GRANTING APPLICATION of Non-Resident Attorney Joel S. Allen to Appear Pro Hac Vice on behalf of Defendant Dolgen California, LLC and designating Matthew C. Kane as local counsel #51 by Judge Mark C. Scarsi (lc)
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| Filing 51 APPLICATION of Non-Resident Attorney Joel S. Allen to Appear Pro Hac Vice on behalf of Defendant Dolgen California, LLC (Pro Hac Vice Fee - $500 Previously Paid on 8/25/2021, Receipt No. 31871881) filed by Defendant Dolgen California, LLC. (Attachments: #1 Proposed Order) (Kane, Matthew) |
| Filing 50 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Joel S. Allen to Appear Pro Hac Vice on behalf of Defendant Dolgen California, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31871881) #48 by Judge Mark C. Scarsi. The document is stricken and counsel is ordered to file an amended or corrected document by August 30, 2021. (smo) |
| Filing 49 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Joel S. Allen to Appear Pro Hac Vice on behalf of Defendant Dolgen California, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31871881) #48 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): The attorney seeking to appear pro hac vice must complete Section 1 of this Application, personally sign, in ink, the certification in Section II, and have the designated Local Counsel sign in Section III. ELECTRONIC SIGNATURES ARE NOT ACCEPTED. See Instructions for Applicants (1) (G-64). (lt) |
| Filing 48 APPLICATION of Non-Resident Attorney Joel S. Allen to Appear Pro Hac Vice on behalf of Defendant Dolgen California, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31871881) filed by Defendant Dolgen California, LLC. (Attachments: #1 Proposed Order) (Kane, Matthew) |
| Filing 47 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 Days, filed by Plaintiffs Randolph Gallegos, Brian Gile.. (Momita, Craig) |
| Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Kerri Sakaue counsel for Defendant Dolgen California, LLC. Remy Kessler is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant DOLGEN CALIFORNIA, LLC. (Sakaue, Kerri) |
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Filing 45
ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 8/30/2021 at 10:00 AM before Judge Mark C. Scarsi. (smo)
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| Filing 44 ANSWER to Amended Complaint/Petition #41 filed by Defendant Dolgen California, LLC.(Kane, Matthew) |
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Filing 43
ORDER DENYING STIPULATION FOR EXTENSION OF DOLGEN CALIFORNIA, LLC TIME TO RESPOND TO SEVENTH AMENDED COMPLAINT #42 by Judge Mark C. Scarsi (lc)
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| Filing 42 Joint STIPULATION Extending Time to Answer the complaint as to Dolgen California, LLC answer now due 7/8/2021, re Amended Complaint/Petition #41 filed by Defendant Dolgen California, LLC. (Attachments: #1 Proposed Order Proposed Order to Extend Defendant_s Time to Respond to 7th Am Complaint)(Sakaue, Kerri) |
| Filing 41 Seventh AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), Amended Complaint/Petition #36 , filed by plaintiffs Brian Gile, Randolph Gallegos (Attachments: #1 Exhibit A - C)(Momita, Craig) |
| Filing 40 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER GRANTING DEFENDANT DOLGEN CALIFORNIA, LLC MOTION TO DISMISS #37 . Plaintiffs may file an amended complaint within 10 days of this Order. Failure to file a timely amended complaint will waive the right to do so. Leave to add new defendants or claims must be sought by a separate, properly noticed motion. (lc) Modified on 6/7/2021 (smo). |
| Filing 39 PLAINTIFFS RETURN TO DEFENDANTS NOTICE OF NON-RECEIPT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS AND/OR STRIKE PORTIONS OF PLAINTIFFS SIXTH AMENDED COMPLAINT re NOTICE OF MOTION AND MOTION to Dismiss and-or Strike Portions of Plaintiff_s 6th Amended Complaint #37 filed by Plaintiffs Randolph Gallegos, Brian Gile. (Momita, Craig) |
| Filing 38 NOTICE Of Non-Receipt Of Plaintiffs Opposition To Defendants Motion To Dismiss And/Or Strike Portions Of Plaintiffs Sixth Amended Complaint Pursuant To Fed. R. Civ. P. 12(B)(6) And/Or 12(F) filed by Defendant Dolgen California, LLC. (Kane, Matthew) |
| Filing 37 NOTICE OF MOTION AND MOTION to Dismiss and-or Strike Portions of Plaintiff_s 6th Amended Complaint filed by Defendant Dolgen California, LLC. Motion set for hearing on 6/28/2021 at 09:00 AM before Judge Mark C. Scarsi. (Kane, Matthew) |
| Filing 36 SIXTH AMENDED COMPLAINT against Defendants Dolgen California, LLC amending Amended Complaint/Petition #33 , Complaint - (Discovery), filed by plaintiffs Brian Gile, Randolph Gallegos (Attachments: #1 Exhibit A - C)(Momita, Craig) |
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Filing 35
ORDER PERMITTING PLAINTIFFS TO SERVE AND FILE SIXTH AMENDED COMPLAINT #34 by Judge Mark C. Scarsi: Plaintiffs shall serve and file a Sixth Amended Complaint (6AC) by April 19, 2021 and Defendant shall respond to the 6AC within fourteen (14) days of service. (lc)
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| Filing 34 STIPULATION for Leave to Serve And File Sixth Amended Complaint filed by Defendant Dolgen California, LLC. (Attachments: #1 Proposed Order)(Sakaue, Kerri) |
| Filing 33 FIFTH AMENDED COMPLAINT against Defendants Dolgen California, LLC amending Amended Complaint/Petition #29 , Complaint - (Discovery), filed by plaintiffs Brian Gile, Randolph Gallegos (Attachments: #1 Exhibit A - C)(Momita, Craig) |
| Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Sylvia Jihae Kim counsel for Defendant Dolgen California, LLC. Adding Sylvia J. Kim as counsel of record for Dolgen California LLC for the reason indicated in the G-123 Notice. Filed by Defendant Dolgen California LLC. (Attorney Sylvia Jihae Kim added to party Dolgen California, LLC(pty:dft))(Kim, Sylvia) |
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Filing 31
ORDER PERMITTING PLAINTIFFS TO SERVE AND FILE FIFTH AMENDED COMPLAINT #30 by Judge Mark C. Scarsi. The Court orders as follows: 1. Plaintiffs shall serve and file a Fifth Amended Complaint (5AC) by March 22, 2021; 2. Defendant shall respond to the 5AC, by serving and filing an answer or otherwise serving and filing any motions or other pleadings responsive to the 5AC, within twenty-one (21) days of the service and filing of the 5AC. See order for details. (lom)
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| Filing 30 STIPULATION for Leave to Permit Plaintiffs To Serve And File Fifth Amended Complaint filed by Defendant Dolgen California, LLC. (Attachments: #1 Proposed Order)(Sakaue, Kerri) |
| Filing 29 FOURTH AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), Amended Complaint/Petition #26 , filed by plaintiffs Brian Gile, Randolph Gallegos (Attachments: #1 Exhibit A - C)(Momita, Craig) |
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Filing 28
ORDER PERMITTING PLAINTIFFS TO SERVE AND FILE FOURTH AMENDED COMPLAINT BY FEBRUARY 22, 2021; DEFENDANT DOLGEN CALIFORNIA, LLC SHALL RSEPOND WITHIN 21 DAYS OF SERVICE AN FILING OF THEREOF #27 by Judge Mark C. Scarsi (lc)
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| Filing 27 STIPULATION for Leave to Serve and File Fourth Amended Complaint filed by Defendant Dolgen California, LLC. (Attachments: #1 Proposed Order)(Kessler, Remy) |
| Filing 26 THIRD AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), filed by plaintiffs Brian Gile, Randolph Gallegos (Attachments: #1 Exhibit A - C)(Momita, Craig) |
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Filing 25
ORDER OF THE CHIEF JUDGE (#21-005) approved by Chief Judge Philip S. Gutierrez. Amending Order 20-201 and vacating the transfer of this case to Judge Fernando L. Aenlle-Rocha pursuant to an Order of self-recusal by Judge Aenlle-Rocha filed January 4,2021, Case is return to the calendar of Judge Mark C. Scarsi. (rn)
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Filing 24
ORDER PERMITTING PLAINTIFFS TO SERVE AND FILE THIRD AMENDED COMPLAINT BY JANUARY 20,2021; DEFENDANT RESPOND WITHIN 21 DAYS OF SERVICE AND FILING THEREOF #21 by Judge Mark C. Scarsi (lc)
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Filing 23
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 19-03 by Judge Fernando L. Aenlle-Rocha. Case transferred from Judge Fernando L. Aenlle-Rocha to the calendar of Judge Mark C. Scarsi for all further proceedings. Case number now reads as 5:20-cv-01863-MCS-SPx. (aco)
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Filing 22
ORDER OF THE CHIEF JUDGE (#20-201) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Fernando L. Aenlle-Rocha, this case is transferred from Judge Mark C. Scarsi to the calendar of Judge Fernando L. Aenlle-Rocha for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:20-cv-1863 FLA (SPx). (mrgo)
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| Filing 21 STIPULATION for Leave to File Third Amended Complaint filed by Defendant Dolgen California, LLC. (Attachments: #1 Proposed Order)(Kessler, Remy) |
| Filing 20 SECOND AMENDED COMPLAINT against Defendants Does, Dolgen California, LLC amending Complaint - (Discovery), filed by plaintiffs Brian Gile, Randolph Gallegos (Attachments: #1 Exhibit A - C)(Momita, Craig) |
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Filing 19
ORDER PERMITTING PLAINTIFFS TO SERVE AND FILE SECOND AMENDED COMPLAINT #18 by Judge Mark C. Scarsi: Plaintiffs permitted to serve and file a Second Amended Complaint by December 14, 2020. Defendants shall respond within 21 days of the service and filing thereof. (lc)
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| Filing 18 STIPULATION for Order Permitting Plaintiffs To Serve And File Second Amended Complaint filed by Defendant Dolgen California, LLC. (Attachments: #1 Proposed Order)(Kessler, Remy) |
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Filing 17
TEXT ONLY ENTRY (IN CHAMBERS) ORDER DEEMING DEFENDANTS' MOTION TO DISMISS CASE AS MOOT (DKT. #14 )] by Judge Mark C. Scarsi: In light of the First Amended Complaint (Dkt. #16 ), the Motion is MOOT and the November 1, 2020 hearing is vacated. No appearance is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 16 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery) JURY DEMAND, filed by plaintiffs Brian Gile, Randolph Gallegos (Attachments: #1 Exhibit A - C)(Momita, Craig) |
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Filing 15
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI (SEE DOCUMENT FOR COMPLIANCE REQUIREMENTS AND SERVICE OF THIS ORDER ON ALL PARTIES BY PLAINTIFF OR DEFENDANT IF CASE CAME TO THE COURT AS A PETITION FOR REMOVAL) by Judge Mark C. Scarsi (lc)
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| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Dolgen California, LLC. Motion set for hearing on 11/16/2020 at 09:00 AM before Judge Mark C. Scarsi. (Kane, Matthew) |
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Filing 13
ORDER DENYING CORRECTED STIPULATION RE EXTENSION OF TIME TO RESPOND TO COMPLAINT AS TO DEFENDANT DOLGEN CALIFORNIA, LLC #12 by Judge Mark C. Scarsi (lc)
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| Filing 12 Corrected STIPULATION for Extension of Time to File Answer to 11/13/2020 re Complaint - (Discovery) filed by Defendant Dolgen California, LLC. (Attachments: #1 Proposed Order)(Kessler, Remy) |
| Filing 11 Joint STIPULATION for Extension of Time to File Answer to 11/13/2020 re Complaint - (Discovery) filed by Defendant Dolgen California, LLC. (Attachments: #1 Proposed Order)(Kessler, Remy) |
| Filing 10 Joint STIPULATION Extending Time to Answer the complaint as to Dolgen California, LLC answer now due 10/16/2020, re Complaint - (Discovery) filed by plaintiffs Brian Gile; Randolph Gallegos.(Momita, Craig) |
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Filing 9
ORDER OF THE CHIEF JUDGE (#20-139) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Mark C. Scarsi, this case is transferred from Judge Jesus G. Bernal to the calendar of Judge Mark C. Scarsi for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:20-cv-01863-MCS(SPx). (ap)
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| Filing 8 Joint STIPULATION Extending Time to Answer the complaint as to Dolgen California, LLC answer now due 10/8/2020, re Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendant Dolgen California, LLC.(Sakaue, Kerri) |
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Filing 7
STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Sheri Pym. (lh) |
| Filing 4 PROOF OF SERVICE filed by Defendant Dolgen California, LLC, [Corrected Proof of Service] Notice of Removal of Civil Action from State Court was served on September 10, 2020. (Kane, Matthew) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Dolgen California, LLC, filed by Plaintiffs Brian Gile, Randolph Gallegos. (FILED IN SAN BERNARDINO COUNTY SUPERIOR COURT ON 7/6/2020 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Dolgen California, LLC, identifying Brian Gile, Plaintiff; Randolph Gallegos, Plaintiff; Dolgen California, LLC wholly-owned subsidiary of Dolgencorp of Texas, Inc.; Dolgencorp of Texas, Inc., A wholly-owned subsidiary of DG Strategic I, LLC; DG Strategic I, LLC, A wholly-owned subsidiary of DG Promotions, Inc..; DG Promotions, Inc., A wholly-owned subsidiary of Dollar General Corporation; Dollar General Corporation, A publicly-held corporation traded on the NYSE (DG). (Kane, Matthew) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Dolgen California, LLC. (Kane, Matthew) |
| Filing 1 NOTICE OF REMOVAL from State of California, County of San Bernardino, case number CIVDA2014307 Receipt No: BCACDC-28026681 - Fee: $400, filed by Defendant Dolgen California, LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Civil Cover Sheet, #4 Exhibit D - Certificate of Assignment, #5 Exhibit E - Initial Case Management Conference Order, #6 Exhibit F - Mailing Cover Sheet Initial Complex Order and Guidelines, #7 Exhibit G - Guidelines for The Complex Litigation Program) (Attorney Matthew Charles Kane added to party Dolgen California, LLC(pty:dft))(Kane, Matthew) |
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