Tai Hang et al v. Old Dominion Freight Line, Inc.
Plaintiff: Tai Hang and Robert Canales
Defendant: Does 1 to 100, inclusive and Old Dominion Freight Line, Inc.
Case Number: 5:2021cv00287
Filed: February 19, 2021
Court: US District Court for the Central District of California
Presiding Judge: John W Holcomb
Referring Judge: Kenly Kiya Kato
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2023 Opinion or Order Filing 49 ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS AND REPRESENTATIVE ACTION SETTLEMENT by Judge John W. Holcomb. It is hereby ORDERED as follows: The Court hereby preliminarily APPROVES the proposed Settlement upon the terms, conditions, and all release language set forth in the Settlement Agreement attached hereto as Exhibit 1. The Court conditionally CERTIFIES and APPROVES, for settlement purposes only, the Class described above. For the purposes of this Settlement, the Law Offices of Kevin T. Barnes, the Law Offices of Raphael A. Katri, and Stonebrook Law (collectively, Class Counsel) are hereby APPOINTED as Class Counsel and shall represent the Class Members in this Action. Any Class Member may enter an appearance in the Action, at his or her own expense, either individually or through counsel of his or her own choice; however, if he or she does not enter an appearance, then he or she will be represented by Class Counsel. For the purposes of this Settlement, Plaintiffs Tai Hang and Robert Canales are hereby APPOINTED as Class Representatives for the Class. The Court APPOINTS Rust Consulting Inc. to be the Settlement Administrator. The procedures for paying the Settlement Administrative Costs, as set forth in the Settlement Agreement, are APPROVED. Rust Consulting Inc. is DIRECTED to perform all responsibilities of the Settlement Administrator as set forth in the Settlement Agreement. (See document for further details) (yl)
August 2, 2023 Opinion or Order Filing 48 (IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that the Plaintiffs Motion for Preliminary Approval of Class[ECF No. 46] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court VACATES the hearing set on August 4, 2023. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY
July 26, 2023 Filing 47 Notice of Proposed Class Action Settlement Pursuant to Class Action Fairness Act, 28 U.S.C. Section 1715 filed by Defendant Old Dominion Freight Line, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kane, Matthew)
July 7, 2023 Filing 46 NOTICE OF MOTION AND MOTION for Order for Granting Preliminary Approval for Class and Representative Action Settlement, for an Order Conditionally Certifying the action as a Class for settlement purposes only filed by plaintiff Tai Hang. Motion set for hearing on 8/4/2023 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Memorandum, #2 Declaration of Kevin T. Barnes + Exh. 1-8, #3 Declaration of Joseph Tojarieh, #4 Declaration of Raphael A. Katri, #5 Proposed Order, #6 Proof of Service) (Barnes, Kevin)
February 27, 2023 Opinion or Order Filing 45 ORDER GRANTING STIPULATION TO CONTINUE DEADLINE TO PARTICIPATE IN PRIVATE MEDIATION by Judge John W. Holcomb #44 . The Stipulation is GRANTED. The ADR Deadline of March 31, 2023, is CONTINUED to and including April 7, 2023. By entering into the Stipulation, the Parties do not waive and expressly reserve all claims, defenses, and challenges in this action. IT IS SO ORDERED. (yl)
February 24, 2023 Filing 44 STIPULATION to Continue Deadline to Participate in Private Mediation from March 31, 2023 to April 7, 2023 filed by Defendant Old Dominion Freight Line, Inc.. (Attachments: #1 Proposed Order)(Kane, Matthew)
January 6, 2023 Filing 43 NOTICE of Change of address by Kevin T. Barnes attorney for Plaintiff Tai Hang. Changing attorneys address to 1041 Parkside Commons, Suite 101 Greensboro, GA 30642-4519. Filed by Plaintiff Tai Hang. (Barnes, Kevin)
October 28, 2022 Filing 42 MINUTES OF SCHEDULING CONFERENCE before Judge John W. Holcomb: The Court ORDERS the parties to participate in Private Mediation (ADR No. 3), to be completed by 3/31/2022. The Court SETS the following case dates and deadlines: Deadline to file Motion for Class Certification: 3/1/2024. Opposition Due: 4/12/2024. Reply Due: 5/24/2024. Hearing on Motion for Class Certification: 6/14/2024, at 9:00 AM. The Court GRANTS leave for Defendant to file a second Summary Judgment Motion, post Class Certification. Court Reporter: CourtSmart. (jp) Modified on 11/2/2022 (yl).
October 3, 2022 Opinion or Order Filing 41 STANDING ORDER by Judge John W. Holcomb. PLEASE READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for further details) (yl)
October 3, 2022 Opinion or Order Filing 40 SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court SETS the Scheduling Conference on October 28, 2022 at 9:00 a.m. The parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, CA 92701. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY
September 27, 2022 Opinion or Order Filing 39 (IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE OFF CALENDAR by Judge John W. Holcomb: The Court has considered the parties' Joint Rule 16(b)/26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on October 7, 202, is not necessary. Accordingly, the Scheduling Conference is taken off calendar. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
September 23, 2022 Filing 38 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 30 days, filed by Plaintiff Tai Hang.. (Barnes, Kevin)
August 18, 2022 Opinion or Order Filing 37 ORDER SETTING SCHEDULING CONFERENCE by Judge John W. Holcomb. Scheduling Conference set for 10/7/2022 at 11:00 AM before Judge John W. Holcomb. (dgo)
August 17, 2022 Filing 36 ANSWER to Amended Complaint/Petition #35 JURY DEMAND. Defendant's Answer to Plaintiffs' Fourth Amended Class Action Complaint [Dkt. #35] filed by Defendant Old Dominion Freight Line, Inc..(Kane, Matthew)
August 3, 2022 Filing 35 FOURTH AMENDED COMPLAINT against Defendant Tai Hang amending Amended Complaint/Petition #18 , filed by plaintiff Tai Hang(Barnes, Kevin)
August 1, 2022 Opinion or Order Filing 34 ORDER GRANTING IN PART AND DENYING IN PART THE MOTION OF DEFENDANT OLD DOMINION FREIGHT LINE, INC. TO DISMISS AND/OR STRIKE PORTION OF PLAINTIFFS THIRD AMENDED COMPLAINT #20 by Judge John W. Holcomb. The Motion is GRANTED in part and DENIED in part with respect to Hang and Canales's seventh claim for relief, as set forth. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
June 17, 2022 Filing 33 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Case Motion To Dismiss And/Or Strike Portions Of Plaintiffs Third Amended Complaint Pursuant To Fed. R. Civ. P. 12(B)(6) And/Or 12(F) #20 filed by Plaintiff Tai Hang. (Barnes, Kevin)
June 17, 2022 Filing 32 RESPONSE filed by Defendant Old Dominion Freight Line, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,, #31 (Kane, Matthew)
June 6, 2022 Opinion or Order Filing 31 MINUTE ORDER REGARDING SUPPLEMENTAL BRIEFING (IN CHAMBERS) by Judge John W. Holcomb. For the reasons set forth above the Court hereby ORDERS as follows: The parties are DIRECTED to meet and confer forthwith regarding the effect of th Naranjo decision on the instant case. The parties are also DIRECTEED to file simultaneous supplemental briefs not to exceed 10 pages, no later than 12:00 noon on June 17, 2022, regarding the effect of the Naranjo decision on the instant case. IT IS SO ORDERED. (yl)
May 24, 2022 Filing 30 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Case Motion To Dismiss And/Or Strike Portions Of Plaintiffs Third Amended Complaint Pursuant To Fed. R. Civ. P. 12(B)(6) And/Or 12(F) #20 filed by Plaintiff Tai Hang. (Barnes, Kevin)
May 19, 2022 Filing 29 TEXT ONLY ENTRY: NOTICE TO PARTIES by District John W. Holcomb. Effective Monday, May 23, 2022, Judge John W. Holcomb will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9D, on the 9th Floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Holcomb's Courtroom Deputy Clerk, may be reached at JWH_Chambers@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY
October 7, 2021 Filing 28 NOTICE of Change of Attorney Business or Contact Information: for attorney Kerri Sakaue counsel for Defendant Old Dominion Freight Line, Inc.. Changing address and firm name to Baker & Hotstetler, 11601 Wilshire Blvd., Suite 1400, Los Angeles, CA 90025. Changing Email to ksakaue@bakerlaw.com. Filed by Defendant Old Dominion Freight Line, Inc.. (Sakaue, Kerri)
October 4, 2021 Filing 27 MINUTES OF Motion Hearing held before Judge John W. Holcomb: VIDEO HEARING RE: DEFENDANTS MOTION TO DISMISS AND/OR STRIKE PORTIONS OF PLAINTIFFS THIRD AMENDED COMPLAINT [ECF No. 20]. Taking under advisement #20 MOTION to Dismiss Case ; Court Reporter: Courtsmart RS-10-04-21. (twdb)
September 27, 2021 Opinion or Order Filing 26 SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The hearing on Defendant's Motion to Dismiss and/or Strike Portions of Plaintiffs' Third Amended Complaint [ECF No. #20 ], is ordered CONTINUED from Friday, October 1, 2021 to Monday, October 4, 2021, at 9:00 a.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcomb's Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under "Zoom Webinar Hearings." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
September 21, 2021 Filing 25 NOTICE of Change of Attorney Business or Contact Information: for attorney Amy E Beverlin counsel for Defendant Old Dominion Freight Line, Inc.. Changing McGuireWoods LLP, 1800 Century Park East, 8th Floor, Los Angeles, CA 90067 to Baker & Hostetler LLP, 11601 Wilshire Boulevard, Suite 1400, Los Angeles, CA 90025. Changing abeverlin@mcguirewoods.com to abeverlin@bakerlaw.com. Filed by Defendant Old Dominion Freight Line, Inc.. (Beverlin, Amy)
September 17, 2021 Filing 24 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Case Motion To Dismiss And/Or Strike Portions Of Plaintiffs Third Amended Complaint Pursuant To Fed. R. Civ. P. 12(B)(6) And/Or 12(F) #20 filed by Defendant Old Dominion Freight Line, Inc.. (Attachments: #1 Defendants Supplemental Request for Judicial Notice in Support of Motion to Dismiss and/or Strike Portions of Plaintiffs Third Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), #2 Defendants Response to Plaintiffs Opposition to Request for Judicial Notice [Dkt. #21-1])(Kim, Sylvia)
September 16, 2021 Filing 23 NOTICE of Change of Attorney Business or Contact Information: for attorney Matthew Charles Kane counsel for Defendant Old Dominion Freight Line, Inc.. Changing Address and Firm Name to Baker & Hostetler LLP, 11601 Wilshire Boulevard, Suite 1400, Los Angeles, CA 90025-0509. Changing Email and Fax Number to mkane@bakerlaw.com; (310) 820-8859. Filed by Defendant Old Dominion Freight Line, Inc.. (Kane, Matthew)
September 16, 2021 Filing 22 NOTICE of Change of Attorney Business or Contact Information: for attorney Sylvia Jihae Kim counsel for Defendant Old Dominion Freight Line, Inc.. Changing Address and Firm Name to Baker & Hostetler LLP, Transamerica Pyramid, 600 Montgomery Street, Suite 3100, San Francisco, CA 94111. Changing Email and Fax Number to sjkim@bakerlaw.com; (415) 659-2601. Filed by Defendant Old Dominion Freight Line, Inc.. (Kim, Sylvia)
September 10, 2021 Filing 21 Opposition in opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Case Motion To Dismiss And/Or Strike Portions Of Plaintiffs Third Amended Complaint Pursuant To Fed. R. Civ. P. 12(B)(6) And/Or 12(F) #20 filed by Plaintiffs Robert Canales, Tai Hang. (Attachments: #1 Memorandum Plaintiff's Opposition to Defendant's Request for Judicial Notice iso Motion to Dismiss TAC)(Attorney Gregg Lander added to party Robert Canales(pty:pla))(Lander, Gregg)
July 20, 2021 Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Case Motion To Dismiss And/Or Strike Portions Of Plaintiffs Third Amended Complaint Pursuant To Fed. R. Civ. P. 12(B)(6) And/Or 12(F) filed by Defendant Old Dominion Freight Line, Inc.. Motion set for hearing on 10/1/2021 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Appendix of Exhibits, #2 Proposed Order) (Kane, Matthew)
July 7, 2021 Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #18 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv)
July 6, 2021 Filing 18 THIRD AMENDED COMPLAINT against Defendant All Defendants amending Amended Complaint/Petition #9 , filed by plaintiff Tai Hang(Barnes, Kevin)
June 21, 2021 Opinion or Order Filing 17 ORDER ON MOTION OF DEFENDANT TO DISMISS AND/OR STRIKE SECOND AMENDED COMPLAINT [ECF No. 12] by Judge John W. Holcomb: The hearing on the Motion currently set for June 24, 2021, at 9:00 a.m. is VACATED. The Second Amended Complaint is DISMISSED in its entiretywith leave to amend. Plaintiffs are DIRECTED to file their amended pleading no later than July 6, 2021. If Plaintiffs fail to do so, the Court will DISMISS this action with prejudice. IT IS SO ORDERED. (yl)
June 17, 2021 Opinion or Order Filing 16 SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The hearing on Defendant's Motion to Dismiss Case and/or Strike Plaintiff's Second Amended Complaint [ECF No. #12 ], is ordered CONTINUED from June 18, 2021 to June 24, 2021, at 9:00 a.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcomb's Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under "Zoom Webinar Hearings." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (npo) TEXT ONLY ENTRY
June 8, 2021 Opinion or Order Filing 15 SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The hearing on Defendant's Motion to Dismiss [ECF No. #12 ], is ordered CONTINUED from June 11, 2021 to June 18, 2021, at 9:00 a.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcomb's Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under "Zoom Webinar Hearings." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
May 28, 2021 Filing 14 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case Second Amended Complaint #12 filed by Defendant Old Dominion Freight Line, Inc.. (Kane, Matthew)
May 21, 2021 Filing 13 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case Second Amended Complaint #12 filed by Plaintiff Tai Hang. (Barnes, Kevin)
April 23, 2021 Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case Second Amended Complaint filed by Defendant Old Dominion Freight Line, Inc.. Motion set for hearing on 6/11/2021 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order) (Kane, Matthew)
April 5, 2021 Opinion or Order Filing 11 ORDER GRANTING JOINT STIPULATION TO EXTEND DEFENDANTS TIME TO RESPOND TO SECOND AMENDED COMPLAINT by Judge John W. Holcomb #10 Defendants time within which to answer or otherwise serve and file any motions or other pleadings responsive to Plaintiffs SAC in this action shall be and hereby is extended by three weeks (21 days) to and including April 23, 2021 (See document for further details) (yl)
April 1, 2021 Filing 10 STIPULATION Extending Time to Answer the complaint as to Old Dominion Freight Line, Inc. answer now due 4/23/2021, re Amended Complaint/Petition #9 filed by Defendant Old Dominion Freight Line, Inc.. (Attachments: #1 Proposed Order)(Kim, Sylvia)
March 19, 2021 Filing 9 SECOND AMENDED COMPLAINT against Defendant All Defendants amending Amended Complaint, filed by plaintiff Tai Hang(Barnes, Kevin)
February 28, 2021 Opinion or Order Filing 8 STANDING ORDER by Judge John W. Holcomb. (iva)
February 25, 2021 Opinion or Order Filing 7 ORDER GRANTING JOINT STIPULATION TO EXTEND DEFENDANT'S TIME TO RESPOND TO FIRST AMENDED COMPLAINT #6 by Judge John W. Holcomb. Defendant's time within which to answer or otherwise serve and file any motions or other pleadings responsive to Plaintiffs' FAC in this action shall be and hereby is extended to and including March 19, 2021. (iv)
February 25, 2021 Filing 6 STIPULATION Extending Time to Answer the complaint as to Old Dominion Freight Line, Inc. answer now due 3/19/2021, re Amended Complaint filed by Defendant Old Dominion Freight Line, Inc.. (Attachments: #1 Proposed Order)(Kim, Sylvia)
February 19, 2021 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
February 19, 2021 Filing 4 NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Kenly Kiya Kato. (esa)
February 19, 2021 Filing 3 NOTICE of Interested Parties filed by Defendant Old Dominion Freight Line, Inc., (Kane, Matthew)
February 19, 2021 Filing 2 CIVIL COVER SHEET filed by Defendant Old Dominion Freight Line, Inc.. (Kane, Matthew)
February 19, 2021 Filing 1 NOTICE OF REMOVAL from San Bernardino Superior Court, case number CIVSB2025678 Receipt No: ACACDC-30615344 - Fee: $402, filed by Defendant Old Dominion Freight Line, Inc.. (Attachments: #1 Complaint, #2 First Amended Complaint, #3 Summons, #4 Civil Case Cover Sheet, #5 Certificate of Assignment, #6 Initial Case Management Conference Order, #7 Guidelines for the Complex Litigation Program, #8 Notice of Initial Case Management Conference, #9 Plaintiffs Initial Case Management Conference Statement) (Attorney Matthew Charles Kane added to party Old Dominion Freight Line, Inc.(pty:dft))(Kane, Matthew)
February 19, 2021 CONFORMED COPY OF FIRST AMENDED COMPLAINT against defendants Does, Old Dominion Freight Line, Inc., filed by plaintiffs Tai Hang, Robert Canales. (filed in state court 12/17/20, submitted as document 1, attachment 2)(esa)
February 19, 2021 CONFORMED COPY OF COMPLAINT against defendants Does, Old Dominion Freight Line, Inc., Jury Demanded, filed by plaintiffs Tai Hang, Robert Canales. (filed in state court 11/6/20, submitted as document 1, attachment 1) (esa)

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Plaintiff: Tai Hang
Represented By: Gregg Lander
Represented By: Raphael Albert Katri
Represented By: Kevin T Barnes
Represented By: Kevin T. Barnes
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Plaintiff: Robert Canales
Represented By: Joseph Tojarieh
Represented By: Gregg Lander
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Defendant: Does 1 to 100, inclusive
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Defendant: Old Dominion Freight Line, Inc.
Represented By: Amy E Beverlin
Represented By: Kerri Sakaue
Represented By: Sylvia Jihae Kim
Represented By: Matthew Charles Kane
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