Melissa Jackson v. Tharaldson Lodging I Inc et al
| Melissa Jackson |
| Tharaldson Employee Management Co., Tharaldson Lodging I Inc, Residence Inn, Does 2 through 250, inclusive, Courtyard Marriott, Hampton Inn, Marriott Hotel Services Inc and Doe |
| 8:2008cv00400 |
| April 14, 2008 |
| US District Court for the Central District of California |
| Southern Division - Santa Ana Office |
| Orange |
| David O Carter |
| Marc L Goldman |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on September 30, 2009. A more recent docket listing may be available from PACER.
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| Filing 53 MINUTES OF Motion re Motion for Final Approval of Class Action Settlement and Award of Attorneys' Fees, Costs and Class Representative Enhancement Hearing held before Judge David O. Carter #49 . Motion granted. Orders signed this date. Court Reporter: Debbie Gale. (db) |
Filing 52
JUDGMENT and ORDER of FINAL APPROVAL and DISMISSAL by Judge David O. Carter, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 7) The unopposed application of Class Counsel for attorneys' fees and costs is hereby granted. Payment of $484,500 in attorneys fees and $16,905.08 in litigation costs shall be made to The Cooper Law Firm, P.C., The Carter Law Firm and Quintilone & Associates (Class Counsel) as provided for in the Settlement Agreement. 8. The Claims Administrator, Rust Consulting, Inc. shall be paid $34,500 for the cost and expense associated with administration of the settlement claims process, in accordance with the terms of the Settlement Agreement, and awards $15,000 to the Class Representative, Melissa Jackson. 9. The Court hereby grants final approval of the Settlement and, in accordance with the terms of the Settlement, hereby enters judgment approving the terms of the Settlement Agreement and ordering that the Lawsuit be dismissed on the merits with prejudice in accordance with the Settlement. The Complaint is dismissed on the merits with prejudice on a class-wide basis. This document shall constitute a final judgment for purposes of Federal Rule of Civil Procedure, Rule 58. (MD JS-6, Case Terminated). (rla)
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| Filing 51 MINUTES OF IN CHAMBERS ORDER Continuing Hearing held before Judge David O. Carter. Court orders hearing on Motion for Final Approval of Class Action Settlement and Award of Attorneys Fees, Costs and Class Representative Enhancement, presently set September 14, 2009, CONTINUED to September 30, 2009 at 8:30 a.m. #49 (db) |
| Filing 50 MINUTES OF IN CHAMBERS ORDER Continuing Hearing held before Judge David O. Carter #49 . Court orders hearing on Motion for Final Approval of Class Action Settlement and Award of Attorneys Fees, Costs and Class Representative Enhancement, presently set September 14, 2009, CONTINUED to September 30, 2009 at 8:30 a.m. (db) |
| Filing 49 NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement and Award of Attorneys' Fees, Costs, and Class Representative Enhancement filed by Plaintiff Melissa Jackson. Motion set for hearing on 9/14/2009 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order)(Carter, Roger) |
| Filing 48 DECLARATION of Richard E. Quintilone II, Esq In Support of Motion for Preliminary Approval of Class Certification MOTION for Order for Preliminary Approval of Class Action Settlement #41 , MOTION for Issuance of Order for Preliminary Approval of Class Action Settlement #39 and Amended Class Notice filed by Plaintiff Melissa Jackson. (Quintilone II, Richard) |
| Filing 47 DECLARATION of Richard E. Quintilone II In Support Of MOTION for Order for Preliminary Approval of Class Action Settlement #41 and Notice to Class filed by Plaintiff Melissa Jackson. (Quintilone II, Richard) |
| Filing 46 Certification of Compliance with Settlement Notice Provisions of Class Action Fairness Act by Defendants Tharaldson Lodging, I, Inc. and Tharaldson Employee Management Co. filed by Defendants Tharaldson Employee Management Co., Tharaldson Lodging I Inc (Shadi, Sabrina) |
| Filing 45 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect document is attached to the docket entry RE: MOTION for Order for Preliminary Approval of Class Action Settlement #41 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (twdb) |
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Filing 44
MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: granting #39 PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT: IT IS HEREBY ORDERED THAT: 1. For purposes of the proposed settlement, the action is certified as a class action on behalf of all persons who were employed in any non-exempt position at any of the following properties which were or are managed by Tharaldson in the state of California: (See document for further details.) 8. The Court reserves final approval of the requested attorneys' fees and costs, as well as the class representative's service payment, and will rule on these requests at the Final Fairness and Approval Hearing. 10. The Court orders all pending case management dates vacated and sets the following Implementation Schedule for further proceedings: IT IS SO ORDERED. (rla)
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| Filing 43 NOTICE OF LODGING filed re MOTION for Issuance of Order for Preliminary Approval of Class Action Settlement #39 (Attachments: #1 Declaration)(Carter, Roger) |
| Filing 42 NOTICE OF LODGING filed re MOTION for Issuance of Order for Preliminary Approval of Class Action Settlement #39 (Attachments: #1 Proposed Order)(Carter, Roger) |
| Filing 41 NOTICE OF MOTION AND MOTION for Order for Preliminary Approval of Class Action Settlement filed by Plaintiff Melissa Jackson. Motion set for hearing on 4/27/2009 at 08:30 AM before Judge David O. Carter. (Quintilone II, Richard) |
| Filing 40 DECLARATION of Richard Quintilone II Esq in support of MOTION for Issuance of Order for Preliminary Approval of Class Action Settlement #39 filed by Plaintiff Melissa Jackson. (Quintilone II, Richard) |
| Filing 39 NOTICE OF MOTION AND MOTION for Issuance of Order for Preliminary Approval of Class Action Settlement filed by Plaintiff Melissa Jackson. Motion set for hearing on 4/27/2009 at 08:30 AM before Judge David O. Carter. (Quintilone II, Richard) |
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Filing 38
ORDER by Judge David O. Carter, re Stipulation to Continue, #37 , Set/Reset Deadlines/Hearings: deadline for filing motion for class certification extended to 4/27/2009 ( Discovery cut-off 6/19/2009., Motions due by 7/27/2009., Jury Trial set for 9/29/2009 08:30 AM before Judge David O. Carter., Pretrial Conference set for 8/31/2009 08:30 AM before Judge David O. Carter.) (dmjr)
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| Filing 37 STIPULATION to Continue Motion for Class Certification from March 16, 2009 to April 16, 2009 Re: Minutes of In Chambers Order/Directive - no proceeding held,, #36 filed by Plaintiff Melissa Jackson. (Attachments: #1 Proposed Order)(Carter, Roger) |
| Filing 36 MINUTES OF IN CHAMBERS ORDER held before Judge David O. Carter: re: Stipulation to Continue, #35 . GRANTING IN PART AND DENYING IN PART REQUEST TO CONTINUE DATES The parties December 20, 2008 joint stipulation to continue the filing date for motion for class certification is hereby GRANTED due to the recent filing of a notice of settlement. All other dates (i.e., dates concerning motion cut-off, discovery cut-off, pre-trial conference, trial, etc.) remain unchanged. Therefore, the date by which Plaintiff is to file their Motion for Class Certification is HEREBY extended from January 26, 2009 to March 16, 2009. (ade) |
| Filing 35 Joint STIPULATION to Continue Motion for Class Certification from December 22, 2008 to March 16, 2009 Re: Notice (Other) #32 filed by Plaintiff Melissa Jackson. (Attachments: #1 Proposed Order Proposed Order Continuing Dates)(Quintilone II, Richard) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Proposed Document was not submitted as separate attachment RE: Stipulation for Extension of Time to File #33 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp) |
| Filing 33 Joint STIPULATION for Extension of Time to File Motion for Class Certification and Joint Motion for Preliminary Approval of Class Action Settlement filed by Plaintiff Melissa Jackson.(Quintilone II, Richard) |
| Filing 32 NOTICE of Settlement filed by Plaintiff Melissa Jackson. and Defendants Tharaldson Lodging I, Inc. and Tharaldson Employee Management Co. (Quintilone II, Richard) |
| Filing 31 AMENDED NOTICE of Interested Parties filed by Defendant Tharaldson Employee Management Co., identifying Melissa Jackson, Tharaldson Employee Management Co., Tharaldson Lodging I, Inc., Tharaldson Family, Inc., Tharaldson Motels, Inc., Heritage Inn of San Bernardino, Inc., W2005/Fargo Hotels (Pool A) Realty, L.P., W2005/Fargo Hotels (Pool C) Realty, L.P., W2005/Fargo Hotels (Pool A) Gen-Par, L.L.C., W2005/Fargo Hotels (Pool C) Gen-Par, L.L.C. (Shadi, Sabrina) |
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Filing 30
ORDER by Judge David O. Carter GRANTING Stipulation for Protective Order #29 . (nbo)
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| Filing 29 STIPULATION for Protective Order filed by defendants Tharaldson Employee Management Co., Tharaldson Lodging I Inc. (Attachments: #1 Proposed Order (Proposed) Order Granting Stipulation for Protective Order)(Shadi, Sabrina) |
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Filing 28
ORDER by Judge David O. Carter, case ordered to a private mediator based upon a stipulation of the parties. (rla)
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Filing 27
ORDER by Judge David O. Carter, VACATING DISCOVERY REFERENCE TO MAGISTRATE JUDGE: The Court hereby VACATES the discovery reference in this matter. The parties SHALL attempt to resolve all discovery matters among themselves. See Local Rule 7-3. If they are unable to resolve a discovery matter, all discovery issues should be referred to the District Court pursuant to the following procedure: (See document for further details.) IT IS SO ORDERED. (rla)
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Filing 26
SCHEDULING ORDER by Judge David O. Carter. Discovery cut-off date 05/19/09; Motion cut-off Date 06/29/09; Final Pretrial Conference 08/10/09; Jury Trial Date 08/25/09 at 8:30 a.m. (See document for further details) (db)
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| Filing 25 MINUTES OF IN CHAMBERS ORDER held before Judge David O. Carter Discovery cut-off 5/19/2009, Motions due by 6/29/2009, Final Pretrial Conference set for 8/10/2008 08:30 AM before Judge David O. Carter, Jury Trial set for 8/25/2009 08:30 AM before Judge David O. Carter. (db) Modified on 10/24/2008 (db). Court orders Discovery handled by the District Judge. Any unserved Does/Roes are dismissed at this time. |
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Filing 24
MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter Continuing Scheduling Conference. Scheduling Conference now set for 9/29/2008 at 08:30 AM before Judge David O. Carter. (nbo)
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Filing 23
ORDER by Judge David O. Carter Approving the NOTICE AND REQUEST of Settlement Procedure Selection (Sp3) requiring the parties to appear before a retired judicial officer or other private or non-profit dispute resolution body. (nbo)
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| Filing 22 NOTICE AND REQUEST of Settlement Procedure Selection (Sp3); parties request to appear before a retired judicial officer or other dispute resolution body for mediation type settlement proceedings. Filed by Defendants Tharaldson Employee Management Co., Tharaldson Lodging I Inc (Attachments: #1 Proposed Order Re: Settlement Procedure Selection: Request and Notice)(Shadi, Sabrina) |
| Filing 21 NOTICE OF ERRATA filed by Defendants Tharaldson Employee Management Co., Tharaldson Lodging I Inc. correcting Notice/Request of Settlement Procedure (Sp3) - (ADR-1), Notice/Request of Settlement Procedure (Sp3) - (ADR-1) #18 (Shadi, Sabrina) |
| Filing 20 JOINT REPORT of CONFERENCE OF PARTIES PURSUANT TO FED. R. CIV. P. 26 (f) filed by Defendants Tharaldson Employee Management Co., Tharaldson Lodging I Inc. (Shadi, Sabrina) |
| Filing 19 JOINT ADR PILOT PROGRAM QUESTIONNAIRE filed by Defendants Tharaldson Employee Management Co., Tharaldson Lodging I Inc.(Shadi, Sabrina) |
| Filing 18 NOTICE AND REQUEST of Settlement Procedure Selection (Sp3); parties request to appear before a retired judicial officer or other dispute resolution body for mediation type settlement proceedings. Filed by Defendants Tharaldson Employee Management Co., Tharaldson Lodging I Inc (Attachments: #1 Proposed Order Order Re: Settlement Procedure Selection: Request and Notice)(Shadi, Sabrina) |
| Filing 17 NOTICE OF DISMISSAL filed by Plaintiff Melissa Jackson pursuant to FRCP 41a(1) Without Prejudice as to Marriott Hotel Services Inc. (Quintilone II, Richard) |
| Filing 16 MINUTES OF IN CHAMBERS ORDER RE-SETTING SCHEDULING CONFERENCE held before Judge David O. Carter Scheduling Conference originally set for hearing on Sunday, September 14, 2008 is RE-SET to Monday, September 15, 2008 at 8:30 a.m. re: Order Set Hearings #15 . (kh) |
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Filing 15
ORDER by Judge David O. Carter setting Scheduling Conference for 9/14/2008 08:30 AM before Judge David O. Carter. (kh)
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| Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event is Certificate of Interested Parties. RE: Miscellaneous Document #12 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (nca) |
| Filing 13 CERTIFICATE OF SERVICE filed by defendant Tharaldson Lodging I Inc, of Answer of Defendant Tharaldson Lodging I, Inc. and Answer of Defendant Tharaldson Lodging I, Inc. served on June 9, 2008. (Shadi, Sabrina) |
| Filing 12 Notice of Interested Parties Filed By Tharaldson Lodging, I, Inc. filed by Defendant Tharaldson Lodging I Inc (Shadi, Sabrina) |
| Filing 11 ANSWER of Defendant Tharaldson Lodging I, Inc. filed by defendant Tharaldson Lodging I Inc.(Shadi, Sabrina) |
| Filing 10 NOTICE AND ACKNOWLEDGEMENT OF SERVICE of Summons an Complaint returned Executed filed by Plaintiff Melissa Jackson. Acknowledgment of Service signed by Sabrina L. Shadi, Attorney for Tharaldson Lodging I, Inc.. (Quintilone II, Richard) |
| Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event is Notice and Acknowledgement of Service. RE: Notice (Other) #7 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (nca) |
| Filing 8 FIRST STIPULATION Extending Time to Answer the complaint as to Marriott Hotel Services Inc answer now due 6/23/2008, filed by defendant Marriott Hotel Services Inc.(Shadi, Sabrina) |
| Filing 7 NOTICE and Acknowledgment of Receipt of Sumons and Complaint filed by plaintiff Melissa Jackson. (Quintilone II, Richard) |
| Filing 6 NOTICE of Change of Attorney Information for attorney Richard E Quintilone II counsel for Plaintiff Melissa Jackson. Arash Shirdel will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Arash Shirdel is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by plaintiff Richard E. Quintilone II (Quintilone II, Richard) |
| Filing 5 OF SERVICE filed by defendant Theraldson Employee Management Co., DEFENDANT THARALDSON EMPLOYEE MANAGEMENT CO.'S CERTIFICATE OF SERVICE OF NOTICE TO ADVERSE PARTY OF REMOVAL OF CIVIL ACTION TO FEDERAL COURT AND COURT NOTICES AND PHAMPLETS served on April 14, 2008. (Shadi, Sabrina) |
| Filing 4 DECLARATION of Todd Troyer re Notice of Removal, #1 filed by Defendant Tharaldson Employee Management Inc (twdb) Additional attachment(s) added on 4/16/2008 (nca, ). |
| Filing 3 NOTICE of Interested Parties filed by Defendant Tharaldson Employee Management Co. (twdb) Additional attachment(s) added on 4/16/2008 (nca, ). |
| Filing 2 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(twdb) Additional attachment(s) added on 4/17/2008 (nca, ). |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 00180009 with copy of summons and complaint. Case assigned to Judge David O. Carter, Discovery to Magistrate Judge Marc L. Goldman. (Filing fee $ 350 paid ), filed by defendant Tharaldson Employee Management Co.(twdb) Additional attachment(s) added on 4/16/2008 (nca, ). |
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