Robert Young et al v. KAG West, LLC et al
| Robert Young and Albert E. Frelix, II |
| KAG West, LLC and Does 1 to 10, inclusive |
| 5:2023cv00209 |
| February 8, 2023 |
| US District Court for the Central District of California |
| Kenly Kiya Kato |
| Sunshine Suzanne Sykes |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 5, 2023. A more recent docket listing may be available from PACER.
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Filing 22
ORDER GRANTING STIPULATION OF DISMISSAL OF PLAINTIFFS'INDIVIDUAL CLAIMS WITH PREJUDICE AND CLASS CLAIMS WITHOUT PREJUDICE [DKT. 18] by Judge Sunshine Suzanne Sykes. The court hereby GRANTS the Stipulation and ORDERS as follows: 1. Plaintiff Robert Young's individual claims are DISMISSED WITH PREJUDICE; 2. Plaintiff Albert E. Frelix II's individual claims are DISMISSED WITH PREJUDICE; and 3. The class claims alleged in the Complaint are DISMISSED WITHOUT PREJUDICE. Additionally, the Court finds that Defendant KAG West, LLC's Motion to Compel Arbitration [Dkt. 9] is hereby DENIED as MOOT. Furthermore, the Scheduling Conference scheduled for April 7, 2023, is VACATED. (Made JS-6. Case Terminated.) (lom)
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| Filing 21 NOTICE OF LODGING filed Settlement Agreements re Stipulation to Dismiss Case, #18 (Attachments: #1 Exhibit A, #2 Exhibit B)(Johnsrud, Brian) |
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Filing 20
(IN CHAMBERS) ORDER DENYING PLAINTIFF'S APPLICATION FOR LEAVE TO FILE UNDER SEAL [DKT. #17 ] by Judge Sunshine Suzanne Sykes. Accordingly, the Parties' Joint Stipulation [Dkt. 17] is DENIED. The Parties are INSTRUCTED to file their confidential settlement agreement for the Court to review consistent with this Court's March 21, 2023 Order [Dkt. 13]. If the Parties wish to keep the confidential settlement agreement private, they may file an application to file the confidential settlement agreement under seal consistent with Local Rule 79-5.2.2(a)(ii)(iii). IT IS SO ORDERED. (SEE DOCUMENT FOR FURTHER DETAILS). (iva)
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| Filing 19 NOTICE OF ERRATA filed by Plaintiffs Albert E. Frelix, II, Robert Young. correcting Joint Report Rule 26(f) Discovery Plan #15 (Attachments: #1 Exhibit A (Scheduling Worksheet))(Ackermann, Craig) |
| Filing 18 Joint STIPULATION to Dismiss Case pursuant to FRCP 23(e) filed by Plaintiffs Albert E. Frelix, II, Robert Young. (Attachments: #1 Declaration, #2 Exhibit A to Ackermann Declaration, #3 Exhibit B to Ackermann Declaration, #4 Proposed Order)(Ackermann, Craig) |
| Filing 17 APPLICATION for Leave for In Camera Review filed by Plaintiffs Albert E. Frelix, II, Robert Young. (Attachments: #1 Proposed Order)(Ackermann, Craig) |
| Filing 16 RESPONSE filed by Plaintiffs Albert E. Frelix, II, Robert Youngto Minutes of In Chambers Order/Directive - no proceeding held,,,, Order to Show Cause,,, #14 (JOINT RESPONSE) (Ackermann, Craig) |
| Filing 15 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Plaintiffs Albert E. Frelix, II, Robert Young.. (Ackermann, Craig) |
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Filing 14
(IN CHAMBERS) Order to Show Cause Why Sanctions Should Not Be Imposed Against Plaintiffs and Defendants Counsel for Failure to File a Rule 26(f) Report by Judge Sunshine Suzanne Sykes. The Court hereby ORDERS counsel for Plaintiffs, Tatiana Liriett Hernandez; Avi Melech Kreitenberg; and Craig J. Ackermann, and counsel for Defendant, Brian Lee Johnsrud; Jennifer A. Lotz; and Stephen N. Yang, to show cause why they should not each be sanctioned in the amount of $250 for their failure to file a timely Joint Rule 26(f) Report. Counsel are DIRECTED to respond in writing to this Order to Show Cause by Monday, April 3, 2023, at 12:00 noon. Counsels failure to respondor counsels filing of an inadequate responsemay result in the imposition of additional sanctions. IT IS SO ORDERED. (shb)
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Filing 13
(IN CHAMBERS) ORDER DENYING THE PARTIES STIPULATION OF DISMISSAL [DKT. 12] AND NOTIFYING THE PARTIES OF THE COURTS EXPECTATIONS FOR DISMISSAL by Judge Sunshine Suzanne Sykes: Accordingly, the Parties Joint Stipulation [Dkt. 12] is DENIED WITHOUT PREJUDICE. Any subsequent request for dismissal SHALL address the Diaz factors and provide information sufficient for the Court to determine whether dismissal of the case is collusive or prejudicial to the putative class and whether notice to all members of the putative class is required. The information should also include the terms, form, and value of any settlement or consideration being paid for the dismissal, and a fully executed copy of any settlement agreement. Any subsequent request for dismissal shall be filed on or before April 3, 2023. IT IS SO ORDERED. (shb)
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| Filing 12 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1)(A)(ii) filed by Plaintiffs Albert E. Frelix, II, Robert Young. (Attachments: #1 Proposed Order)(Ackermann, Craig) |
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Filing 11
ORDER GRANTING STIPULATION TO CONTINUE BRIEFING AND HEARING ON DEFENDANT KAG WEST, LLCS MOTION TO COMPEL ARBITRATION AND STAY JUDICIAL PROCEEDINGS, #10 by Judge Sunshine Suzanne Sykes: The Court, having considered the Parties Stipulation and finding good cause, hereby GRANTS the Stipulation and ORDERS as follows: 1. Plaintiffs deadline to file their opposition to the Defendants Motion to Compel is March 17, 2023; 2. Defendants deadline to file a reply is March 24, 2023; and 3. The motion hearing on Defendants Motion to Compel [Dkt. 9] is April 7, 2023 at 2:00 p.m. IT IS SO ORDERED. (shb)
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| Filing 10 Joint STIPULATION to Continue Briefing and Hearing on Defendant's Motion to Compel Arbitration and Stay Judicial Proceedings Re: NOTICE OF MOTION AND MOTION to Compel Arbitration #9 filed by Plaintiffs Albert E. Frelix, II, Robert Young. (Attachments: #1 Proposed Order Granting Stipulation)(Ackermann, Craig) |
| Filing 9 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant KAG West, LLC. Motion set for hearing on 3/24/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Memorandum Defendant KAG West LLC's Memorandum of Points and Authorities iso Motion to Compel Arbitration and Stay Judicial Proceedings, #2 Defendant KAG West LLC's Request for Judicial Notice iso Its Motion to Compel Arbitration and Stay Judicial Proceedings, #3 Proposed Order Granting Defendant KAG West LLC's Motion to Compel Arbitration and Stay Judicial Proceedings) (Johnsrud, Brian) |
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Filing 8
ORDER SETTING SCHEDULING CONFERENCE by Judge Sunshine Suzanne Sykes. Scheduling Conference set for 4/7/2023 at 01:00 PM before Judge Sunshine Suzanne Sykes. (iva)
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Filing 7
CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva)
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| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Sunshine Suzanne Sykes and Magistrate Judge Kenly Kiya Kato. (lh) |
| Filing 3 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Eastern Division. Case has been assigned to Judge Sunshine Suzanne Sykes for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Kenly Kiya Kato. New Case Number 5:23-cv-00209 SSS (KKx). (lh) |
| CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants Does, KAG West, LLC. Jury Demanded, filed by Plaintiffs Robert Young, Albert E. Frelix, II. (FILED IN SAN BERNARDINO COUNTY SUPERIOR COURT ON 7/7/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| NON-CONFORMED COPY OF FIRST AMENDED CLASS ACTION COMPLAINT against Defendants Does, KAG West, LLC amending Complaint, filed by Plaintiffs Robert Young, Albert E. Frelix, II (SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh) |
| CONFORMED FILED COPY OF ANSWER to Plaintiffs First Amended Class Action Complaint filed by Defendant KAG West, LLC.(lh) |
| Filing 2 Notice filed by Defendant KAG West, LLC. DEFENDANT KAG WEST, LLCS FED R. CIV. P. CORPORATE DISCLOSURE STATEMENT AND LOCAL CIVIL RULE 7-1.1 NOTICE OF INTERESTED PARTIES (Johnsrud, Brian) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino, case number CIVSB2214087 Receipt No: ACACDC-34764363 - Fee: $402, filed by Defendant KAG West, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proof of Service) (Attorney Brian Lee Johnsrud added to party KAG West, LLC(pty:dft))(Johnsrud, Brian) |
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