Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters v. Happy Hour Productions LLC et al
| Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters, Bernard Angeles, Jr, James Depue, Michael Depue, Burt Melcher and Craig Walendy |
| Happy Hour Productions LLC, Bollywood Hollywood Production Inc, Filmkraft Productions (India) PVT Ltd, Entertainment Media Specialists Inc, Rakesh Roshan, Shammi Saini, Raj Shah and Does 1-20 |
| Prashant Shah and Happy Hours Products LLC |
| 8:2008cv01117 |
| October 7, 2008 |
| US District Court for the Central District of California |
| Southern Division - Santa Ana Office |
| Los Angeles |
| Arthur Nakazato |
| James V Selna |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Employee Pension Plan |
| Plaintiff |
Docket Report
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| Filing 106 SATISFACTION OF JUDGMENT re Judgment #68 , Judgment,,, #69 entered In favor of Entertainment Media Specialists Inc Against James Depue, In favor of Entertainment Media Specialists Inc Against Bernard Angeles, Jr, In favor of Entertainment Media Specialists Inc Against Craig Walendy, In favor of Entertainment Media Specialists Inc Against Michael Depue, In favor of Entertainment Media Specialists Inc Against Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters, In favor of Entertainment Media Specialists Inc Against Burt Melcher filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Weiner, Michael) |
Filing 105
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #77 filed by Entertainment Media Specialists Inc, CCA # 09-56947, 09-56997. The application of Entertainment Media Specialists, Inc.(EMS) for attorney's fees is granted. Pursuant to California Labor Code section 218.5, attorney's fees in the amount of $23,190 are awarded in favor of EMS and against Bernard Angeles, Jr., James Depue, Michael Depue, Burt Melcher, and Craig Walendy. The motion of Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters, Bernard Angeles, Jr., James Depue, Michael Depue, Burt Melcher, and Craig Walendy for attorney's fees is granted in part. Pursuant to Federal Rule of Appellate Procedure 38, attorney's fees for 45.2 hours of work at the hourly rate of $300, or attorney's fees in the amount of $13,560, are awarded in favor of Studio Transportation Drivers Local 399 of the Internatioanl Brotherhood of Teamsters, Barnard Angeles, Jr. James Depue, Michael Depue, Burt Melcher, and Craig Walendy and against EMS. This order amends the court's mandate. Order received in this district on 4/29/2011. (lr)
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| Filing 104 NOTICE of Change of Attorney Information for attorney Gregory P Wong counsel for Defendant Filmkraft Productions (India) PVT Ltd. Gregory P. Wong will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Gregory P. Wong is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant Filmkraft Productions India PVT Ltd (Wong, Gregory) |
| Filing 103 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #70 , Notice of Appeal to 9th Circuit Court of Appeals #77 , CCA # 09-56947, 09-56997. The Decision of the District Court is AFFIRMED. Mandate received in this district on 3/28/2011. (lr) |
| Filing 102 BILL OF COSTS. Costs Taxed in amount of $ 2,202.38 in favor of EMS and against Plaintiffs. RE: Request to the Clerk to Tax Costs, Request for Relief #76 (rla) |
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Filing 101
ORDER Granting Stipulation to Secure Attorney's Fees and Costs and Stay Execution Thereof Pending Appeal by Judge James V. Selna. (db)
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| Filing 100 STIPULATION to Stay Case pending Disposition of Appeal filed by Plaintiffs Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Attachments: #1 Proposed Order)(Weiner, Michael) |
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Filing 99
MINUTES (IN CHAMBERS): ORDER by Judge James V. Selna: granting Plaintiff's Motion for Stay of Attorney Fees and Costs #95 : (See document for details) Accordingly, the motion to waive Rule 62(d)'s bond requirement is DENIED. The Court, however, agrees that a fourteen day temporary stay of the award of attorney's fees and costs is appropriate in order to provide the individual Plaintiffs with time to obtain a bond. IT IS SO ORDERED. (rla)
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| Filing 98 REPLY In Support Of MOTION to Stay pending Appeal Order on Motion for Attorney Fees,, Motion Hearing,, Link Motions to Minutes, #85 MOTION to Stay pending Appeal Order on Motion for Attorney Fees,, Motion Hearing,, Link Motions to Minutes, #85 #95 filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Attachments: #1 Declaration of Robert A. Cantore)(Weiner, Michael) |
| Filing 97 MEMORANDUM in Opposition to MOTION to Stay pending Appeal Order on Motion for Attorney Fees,, Motion Hearing,, Link Motions to Minutes, #85 MOTION to Stay pending Appeal Order on Motion for Attorney Fees,, Motion Hearing,, Link Motions to Minutes, #85 #95 filed by Defendant Entertainment Media Specialists Inc. (Attachments: #1 Declaration of Michael Tracy)(Tracy, Michael) |
| Filing 96 MEMORANDUM in Support of MOTION to Stay pending Appeal Order on Motion for Attorney Fees,, Motion Hearing,, Link Motions to Minutes, #85 MOTION to Stay pending Appeal Order on Motion for Attorney Fees,, Motion Hearing,, Link Motions to Minutes, #85 #95 filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Weiner, Michael) |
| Filing 95 NOTICE OF MOTION AND MOTION to Stay pending Appeal Order on Motion for Attorney Fees,, Motion Hearing,, Link Motions to Minutes, #85 filed by Plaintiffs Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. Motion set for hearing on 4/5/2010 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Proposed Order)(Weiner, Michael) |
| Filing 94 CERTIFICATE OF RECORD Transmitted to USCA re Notice of Appeal to 9th Circuit Court of Appeals #77 filed by Entertainment Media Specialists Inc ; Court of Appeals Case Number: 09-56997. (dmap) |
| Filing 93 CERTIFICATE OF RECORD Transmitted to USCA re Notice of Appeal to 9th Circuit Court of Appeals, #70 filed by Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters ; Court of Appeals Case Number: 09-56947; (dmap) |
| Filing 92 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/9/09 1:45 p.m. (Montero, Bridget) |
| Filing 91 TRANSCRIPT for proceedings held on 11/9/09 1:45 p.m. Court Reporter/Electronic Court Recorder: Bridget Montero, phone number www.bridgetmontero.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter, www.bridgetmontero.com, or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/23/2010. Redacted Transcript Deadline set for 4/2/2010. Release of Transcript Restriction set for 6/1/2010. (Montero, Bridget) |
| Filing 90 Civil Appeals Docketing Statement received from Plaintiffs Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals, #70 and Amended Notice of Appeal (Dkt. #89) (Attachments: #1 Order on Motion for Summary Adjudication, #2 Order on Motion to Modify Scheduling Order, #3 Judgment, #4 Judgment, #5 Order on Motion for Attorney's Fees)(Weiner, Michael) |
| Filing 89 FIRST AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Plaintiffs Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. Amending Notice of Appeal to 9th Circuit Court of Appeals, #70 Filed On: December 8, 2009; Entered On: November 12, 2009 and December 1, 2009; (Weiner, Michael) |
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Filing 88
MINUTES (IN CHAMBERS) ORDER Denying ExParte Application to Hear Motion to Stay Attorney's Fees and Costs Pending Disposition of Appeal by Judge James V. Selna. (db)
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| Filing 87 Opposition Opposition re: EX PARTE APPLICATION to Stay pending Disposition of Appeal re: Order on Motion for Attorney Fees, Motion Hearing, Link Motions to Minutes,,, #85 EX PARTE APPLICATION to Stay pending Disposition of Appeal re: Order on Motion for Attorney Fees, Motion Hearing, Link Motions to Minutes,,, #85 EX PARTE APPLICATION to Stay pending Disposition of Appeal re: Order on Motion for Attorney Fees, Motion Hearing, Link Motions to Minutes,,, #85 #86 filed by Defendant Entertainment Media Specialists Inc. (Attachments: #1 Declaration of Michael Tracy in Support)(Tracy, Michael) |
| Filing 86 EX PARTE APPLICATION to Stay pending Disposition of Appeal re: Order on Motion for Attorney Fees, Motion Hearing, Link Motions to Minutes,,, #85 filed by Plaintiffs Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Attachments: #1 Proposed Order Granting Ex Parte Application, #2 Proposed Motion to Stay Attorney's Fees and Costs, #3 Memorandum in Support of Proposed Motion, #4 Proposed Order Granting Motion to Stay Attorney's Fees and Costs, #5 Declaration of Michael D. Weiner, #6 Exhibit A)(Weiner, Michael) |
| Filing 85 MINUTES OF Hearing re Defendant Entertainment Media Specialist Inc's Motion for Attorney's Fees held before Judge James V. Selna #15 . The Courts tentative ruling is issued. Counsel make their arguments. The Court GRANTS the defendants motion and rules in accordance with the tentative ruling as shown in minute order. (See order for details)Court Reporter: Sharon Seffens. (db) |
| Filing 84 SUPPLEMENT to First MOTION for Attorney Fees #75 ADDITIONAL DECLARATION OF MICHAEL TRACY IN SUPPORT OF REPLY TO MOTION FOR ATTORNEY'S FEES filed by Defendant Entertainment Media Specialists Inc. (Tracy, Michael) |
| Filing 83 REPLY in support of motion First MOTION for Attorney Fees #75 filed by Defendant Entertainment Media Specialists Inc. (Attachments: #1 Declaration of Michael Tracy, #2 Declaration of Megan Ross Hutchins)(Tracy, Michael) |
| Filing 82 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: November 9, 2009; Court Reporter: Bridget Montero; Court of Appeals Case Number: 09-56947, 09-56997; Re: #70 , #77 (Weiner, Michael) |
| Filing 81 MEMORANDUM in Opposition to First MOTION for Attorney Fees #75 filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Attachments: #1 Declaration of Robert A. Cantore, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Weiner, Michael) |
| Filing 80 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals, #77 as to Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters; Receipt Number: 191199 in the amount of $455. (dmap) |
| Filing 79 FILING FEE LETTER issued as to Defendant Entertainment Media Specialists Inc, re Notice of Appeal to 9th Circuit Court of Appeals, #77 . (dmap) |
| Filing 78 NOTIFICATION by Circuit Court of Appellate Docket Number 09-56997, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #77 as to Defendant Entertainment Media Specialists Inc. (cbr) |
| Filing 77 NOTICE OF APPEAL to the 9th CCA filed by Defendant Entertainment Media Specialists Inc. (Attachments: #1 Supplement Representation Statement)(Tracy, Michael) |
| Filing 76 First REQUEST to the Clerk to Tax Costs against Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters re: Judgment,,, #69 filed by Defendant Entertainment Media Specialists Inc. Request set for hearing on 1/8/2010 at 10:00 AM before Judge James V. Selna. (Attachments: #1 Affidavit Bill of Cost)(Tracy, Michael) |
| Filing 75 NOTICE OF MOTION AND First MOTION for Attorney Fees filed by Defendant Entertainment Media Specialists Inc. Motion set for hearing on 1/11/2010 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration of Michael Tracy in Support, #2 Exhibit A-B, #3 Proposed Order)(Tracy, Michael) |
| Filing 74 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals, #70 as to Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters; Receipt Number: 19100, Paid in the amount of $455. (lr) |
| Filing 73 NOTIFICATION by Circuit Court of Appellate Docket Number 09-56947, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, #70 as to Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (lr) |
| Filing 72 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, #70 . (Weiner, Michael) |
| Filing 71 Civil Appeals Docketing Statement received from Plaintiffs Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals, #70 (Attachments: #1 Order on Motion for Summary Adjudication, #2 Order on Motion to Modify Scheduling Order, #3 Judgment, #4 Judgment)(Weiner, Michael) |
| Filing 70 NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. Appeal of Judgment #68 , Judgment,,, #69 , Order on Motion for Leave to File Document #66 , Order on Motion for Summary Adjudication,, #65 . (Weiner, Michael) |
| Filing 69 JUDGMENT by Judge James V. Selna. IT IS ORDERED AND ADJUDGED that the plaintiffs, STUDIO TRANSPORTATION DRIVERS, LOCAL #399 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, BERNARD ANGELES JR., JAMES DEPUE, MICHAEL DEPUE, BURT MELCHER, and CRAIG WALENDY take nothing, that the First Amended Complaint be dismissed on the merits, and that defendant, Entertainment Media Specialists, Inc., recover its cost and attorney's fees. Costs in the amount of $_____________ are awarded. Attorney's fees in the amount of $______________ are awarded. Entertainment Media Specialists, Inc.'s Cross-Complaint against Happy Hours Productions, LLC, Bollywood Hollywood Productions, Inc., Raj Shah, and Prashant Shah, is dismissed as MOOT. (MD JS-6, Case Terminated). (db) |
| Filing 68 JUDGMENT by Judge James V. Selna. Therefore, IT IS ORDERED, ADJUDGED AND DECREED THAT: Summary judgment is entered in favor of EMS and against Plaintiffs on all Plaintiffs claims. (db) |
| Filing 67 NOTICE OF LODGING filed re Order on Motion for Summary Adjudication,, #65 (Attachments: #1 [Proposed] Judgment)(Weiner, Michael) |
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Filing 66
MINUTES (IN CHAMBERS) ORDER Denying Motions to Modify the Scheduling Order and for Leave to File Second Amended Complaint by Judge James V. Selna #49 . (See Order for details) (db)
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Filing 65
MINUTES (IN CHAMBERS) ORDER Denying Motion for Summary Adjudication by Judge James V. Selna #46 . the Court DENIES the motion. Furthermore, the Court finds that the relevant facts and legal issues have been adequately ventilated by the parties and that there is no genuine issue of material fact. See Cool Fuel, Inc. v. Connett, 685 F.2d 309, 311-12 (9th Cir. 1982). Therefore, the Court may sua sponte grant summary judgment for the non-moving party. Id. As the finding that EMS was not the common law employer of the individual Plaintiffs is fatal to all of Plaintiffs claims, the Court enters summary judgment in favor of EMS. Counsel for EMS shall submit aproposed judgment consistent with this order. (See Order for details) (db)
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Filing 64
MINUTES (IN CHAMBERS) ORDER Denying Defendant's Motion to Disqualify Plaintiff's Counsel #41 by Judge James V. Selna. Finding no grounds to disqualify Gilbert & Sackman, the Court DENIES the Motion. (See Order for details) (db)
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| Filing 63 MINUTES OF Motion Hearing re Motion to Disqualify (Fld 9-8-09); Motion for Leave (Fld 9-28-09); Motion for Summary Adjudication (Fld 9-28-09)held before Judge James V. Selna: Cause called and counsel make their appearances. The Court's tentative ruling is issued. Counsel make their arguments. The Court takes the above-referenced motions under submission.Court Reporter: Bridget Montero. (lwag) |
| Filing 62 NOTICE OF ERRATA filed by Defendant Entertainment Media Specialists Inc. correcting Reply (Motion related) #61 (Attachments: #1 Supplement [AMENDED] REPLY TO OPPOSITION TO MOTION TO DISQUALIFY THE LAW FIRM OF GILBERT & SACKMAN AND FOR MONETARY SANCTIONS)(Tracy, Michael) |
| Filing 61 REPLY Support First MOTION to Disqualify Counsel Law Firm of Gilbert & Sackman #41 filed by Defendant Entertainment Media Specialists Inc. (Tracy, Michael) |
| Filing 60 RESPONSE IN SUPPORT of MOTION for Leave to file Second Amended Complaint #49 filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Weiner, Michael) |
| Filing 59 RESPONSE IN SUPPORT of MOTION for Summary Adjudication as to on Defendant Entertainment Media Specialists, Inc.'s Status as Employer under California Labor Code #46 filed by Plaintiff Bernard Angeles, Jr. (Attachments: #1 Declaration of Michael D. Weiner, #2 Exhibit 19)(Weiner, Michael) |
| Filing 58 STATEMENT of DEFENDANTS STATEMENT OF GENUINE ISSUES IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY ADJUDICATION MOTION for Summary Adjudication as to on Defendant Entertainment Media Specialists, Inc.'s Status as Employer under California Labor Code #46 filed by Defendant Entertainment Media Specialists Inc. (Tracy, Michael) |
| Filing 57 Opposition Opposition re: MOTION for Summary Adjudication as to on Defendant Entertainment Media Specialists, Inc.'s Status as Employer under California Labor Code #46 filed by Defendant Entertainment Media Specialists Inc. (Attachments: #1 Declaration of Michael Tracy, #2 Exhibit A-C, #3 Exhibit D-J)(Tracy, Michael) |
| Filing 56 MEMORANDUM in Opposition to First MOTION to Disqualify Counsel Law Firm of Gilbert & Sackman #41 filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Attachments: #1 Declaration of Robert A. Cantore, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Declaration of James DePue, #9 Declaration of Leo Reed)(Weiner, Michael) |
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Filing 55
MINUTES OF IN CHAMBERS ORDER by Judge James V. Selna: Continuing Plaintiffs' Motion to Modify the Scheduling Order and for Leave to File a 2nd Amended Complaint: The Court has already continued Plaintiffs motion for summary adjudication and Defendant's motion to disqualify to November 9, 2009. In the interests of calendar management, the Court on its own motion continues the motion to modify the scheduling order and for leave to file a 2nd amended complaint to November 9, 2009 at 1:30 P.M. (rla)
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Filing 54
ORDER Continuing Hearing on Plaintiffs' Motion for Summary Adjudication #46 and Extending the Time to File Opposition and Reply Briefs and Continuing Motion to Disqualify Plaintiff's Counsel #41 by Judge James V. Selna. This Court, having read and considered the ex parte application #51 , and finding good cause therefore, orders that: The hearing date on Plaintiffs Motion for Summary Adjudication, currently set for October 19, 2009 at 1:30 p.m., and Defendants Motion to Disqualify Plaintiffs Counsel, calendared for the same date, are continued to November 9, 2009 at 1:30 p.m. The dates to file the Opposition briefs and Replies brief are extended pursuant to Local Rule 7-11. (db)
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| Filing 53 OPPOSITION OPPOSITION re: MOTION for Leave to file Second Amended Complaint #49 filed by Defendant Entertainment Media Specialists Inc. (Attachments: #1 Declaration of Michael Tracy in Support of Opposition to Motion to Modify Scheduling Order, #2 Exhibit)(Tracy, Michael) |
| Filing 52 MEMORANDUM in Opposition to APPLICATION to Continue Hearing on Plaintiffs' MSA from October 19, 2009 to November 23, 2009 Re: Statement (Motion related), Statement (Motion related) #48 , Memorandum in Support of Motion #47 , MOTION for Summary Adjudication as to on Defendant APPLICATION for Extension of Time to File Opposition brief re Plaintiffs' MSA APPLICATION to Continue Hearing on Plaintiffs' MSA from October 19, 2009 to November 23, 2009 Re: Statement (Motion related), Statement (Motion related) #48 , Memorandum in Support of Motion #47 , MOTION for Summary Adjudication as to on Defendant APPLICATION to Continue Hearing on Plaintiffs' MSA from October 19, 2009 to November 23, 2009 Re: Statement (Motion related), Statement (Motion related) #48 , Memorandum in Support of Motion #47 , MOTION for Summary Adjudication as to on Defendant #51 filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Attachments: #1 Declaration of Robert A. Cantore, #2 Exhibit 1)(Weiner, Michael) |
| Filing 51 APPLICATION to Continue Hearing on Plaintiffs' MSA from October 19, 2009 to November 23, 2009 Re: Statement (Motion related), Statement (Motion related) #48 , Memorandum in Support of Motion #47 , MOTION for Summary Adjudication as to on Defendant Entertainment Media Specialists, Inc.'s Status as Employer under California Labor Code #46 , APPLICATION for Extension of Time to File Opposition brief re Plaintiffs' MSA filed by Defendant Entertainment Media Specialists Inc. (Attachments: #1 Declaration Declaration of Michael Tracy, #2 Proposed Order Proposed Order)(Tracy, Michael) |
| Filing 50 MEMORANDUM in Support of MOTION for Leave to file Second Amended Complaint #49 filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Weiner, Michael) |
| Filing 49 NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint filed by Plaintiffs Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. Motion set for hearing on 10/19/2009 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration of Robert A. Cantore, #2 Proposed Second Amended Complaint, #3 Proposed Order)(Weiner, Michael) |
| Filing 48 STATEMENT of Uncontroverted Facts and Conclusions of Law MOTION for Summary Adjudication as to on Defendant Entertainment Media Specialists, Inc.'s Status as Employer under California Labor Code #46 filed by Plaintiff Bernard Angeles, Jr. (Weiner, Michael) |
| Filing 47 MEMORANDUM in Support of MOTION for Summary Adjudication as to on Defendant Entertainment Media Specialists, Inc.'s Status as Employer under California Labor Code #46 filed by Plaintiff Bernard Angeles, Jr. (Weiner, Michael) |
| Filing 46 NOTICE OF MOTION AND MOTION for Summary Adjudication as to on Defendant Entertainment Media Specialists, Inc.'s Status as Employer under California Labor Code filed by Plaintiffs Bernard Angeles, Jr. Motion set for hearing on 10/19/2009 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration of Michael D. Weiner, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit 204, #8 Exhibit 207, #9 Exhibit 209A, #10 Exhibit 212, #11 Declaration of Bernard Angeles Jr., #12 Declaration of James DePue, #13 Declaration of Michael DePue, #14 Declaration of Burt Melcher, #15 Declaration of Craig Walendy, #16 Declaration of Paul Schoeman, #17 Proposed Order)(Weiner, Michael) |
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Filing 45
ORDER by Judge James V. Selna Granting Stipulation for Dismissal of Plaitiffs' Claims Against Happy Hours Productions, LLC and Raj Shah and Happy Hours' and Raj Shah's Apparent Counterclaim Against Plaintiff Local 399 #44 . Raj Shah and Happy Hour Productions LLC terminated. (nbo)
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| Filing 44 STIPULATION to Dismiss Defendants Happy Hour Productions LLC filed by Plaintiffs Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Attachments: #1 Proposed Order)(Weiner, Michael) |
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Filing 43
ORDER on Stipulation for Dismissal of Plaintiffs' Claims Against Filmkraft Productions (India) PVT., LTD., Bollywood Hollywood Production, Inc., Rakesh Roshan, Shammi Saini, and Prashant Shah by Judge James V. Selna #42 . Having considered the stipulation, the Court hereby GRANTS the stipulation.Plaintiffs claims against Filmkraft, Bollywood Hollywood, Rakesh Roshan, Shammi Saini, and Prashant Shah are dismissed with prejudice. (db)
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| Filing 42 STIPULATION to Dismiss Defendants Filmkraft Productions (India) PVT Ltd filed by Plaintiffs Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Attachments: #1 Proposed Order)(Weiner, Michael) |
| Filing 41 NOTICE OF MOTION AND First MOTION to Disqualify Counsel Law Firm of Gilbert & Sackman filed by Defendant Entertainment Media Specialists Inc. Motion set for hearing on 10/19/2009 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration DECLARATION OF MICHAEL TRACY IN SUPPORT OF MOTION TO DISQUALIFY THE LAW FIRM OF GILBERT & SACKMAN AND FOR MONETARY SANCTIONS (part 1), #2 Declaration DECLARATION OF MICHAEL TRACY IN SUPPORT OF MOTION TO DISQUALIFY THE LAW FIRM OF GILBERT & SACKMAN AND FOR MONETARY SANCTIONS (part 2))(Tracy, Michael) |
| Filing 40 ANSWER TO CROSS-COMPLAINT filed by Cross-Defendant Bollywood Hollywood Production Inc(a Florida corporation), Prashant Shah, Filmkraft Productions (India) PVT Ltd.(Wong, Gregory) |
| Filing 39 ANSWER to First Amended Complaint #29 and New Cross-Complaint against Happy Hours Products LLC, Bollywood Hollywood Production Inc(a Florida corporation), Raj Shah, Prashant Shah filed by defendant Entertainment Media Specialists Inc.(db) |
| Filing 38 JOINT REPORT of Settlement Discussions filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Weiner, Michael) |
| Filing 37 MINUTES OF Defendant Entertainment Media Specialist Inc.'s Motion to Dismiss #33 held before Judge James V. Selna. The Court DENIES the Motion and rules in accordance with the tentative ruling. Court Reporter: Sharon Seffens. (nbo) |
| Filing 36 REPLY Second MOTION to Dismiss All Causes of Action against EMS #33 filed by Defendant Entertainment Media Specialists Inc. (Tracy, Michael) |
| Filing 35 MEMORANDUM in Opposition to Second MOTION to Dismiss All Causes of Action against EMS #33 filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Weiner, Michael) |
| Filing 34 NOTICE OF ERRATA filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. correcting Amended Complaint, #29 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Weiner, Michael) |
| Filing 33 NOTICE OF MOTION AND Second MOTION to Dismiss All Causes of Action against EMS filed by Defendant Entertainment Media Specialists Inc. Motion set for hearing on 5/4/2009 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Exhibit Exhibit A for Motion to Dismiss)(Tracy, Michael) |
| Filing 32 ANSWER to Amended Complaint, #29 With Affirmative Defenses filed by defendants Raj Shah, Happy Hour Productions LLC.(Sisco, Kenneth) |
| Filing 31 ANSWER to Amended Complaint, #29 filed by Defendants Prashant Shah, Bollywood Hollywood Production Inc.(Alderfer, Amy) |
| Filing 30 NOTICE of Change of Attorney Information for attorney Gregory P Wong counsel for Defendants Prashant Shah, Bollywood Hollywood Production Inc. Filed by defendant defendant Bollywood and defendant Prashant Shah (Wong, Gregory) |
| Filing 29 FIRST AMENDED COMPLAINT against Defendants Raj Shah, Prashant Shah, Does, Happy Hour Productions LLC, Bollywood Hollywood Production Inc, Filmkraft Productions (India) PVT Ltd, Entertainment Media Specialists Inc, Rakesh Roshan, Shammi Saini amending Complaint - (Discovery), Complaint - (Discovery) #1 ,filed by Plaintiff Bernard Angeles, Jr, James Depue, Michael Depue, Burt Melcher, Craig Walendy, Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters (dmjr) |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Initiating documents * are NOT to be e-filed, but Manually filed with Civil Intake Section. After which, a conformed copy e-mailed to :CivilIntakeCourtDocs-SA@cacd.uscourt.gov) RE: Amended Document (Non-Motion) #27 . 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) |
| Filing 27 AMENDED DOCUMENT filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. First Amended Complaint (Weiner, Michael) |
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Filing 26
ORDER by Judge James V. Selna,, Set/Reset Deadlines/Hearings:( Discovery cut-off 12/21/2009., Jury Trial set for 4/6/2010 08:30 AM before Judge James V. Selna., Pretrial Conference set for 3/22/2010 11:00 AM before Judge James V. Selna.) Order for Preparation for Jury Trial and Order governing attorney and party conduct at trial. (dmjr)
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| Filing 25 MINUTES OF Scheduling Conference held before Judge James V. Selna. Jury trial set 04/06/10 at 8:30 a.m. Final PreTrial Conference 03/22/10 at 11:00 a.m. Discovery Cut-off 12/21/09, Law and Motion Cut-off 02/22/10 at 1:30 p.m. (See minute order for further details)Court Reporter: Sharon Seffens. (db) |
| Filing 23 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-5 days, filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters.. (Attachments: #1 Exhibit Exhibit A)(Weiner, Michael) |
| Filing 24 MINUTES OF Motion Hearing held before Judge James V. Selna, re Defendant Entertainment Media Specialist Inc.'s Motion to Dismiss #16 : The Court GRANTS IN PART and DENIES IN PART the Defendant Entertainment Media Specialist Inc.'s Motion to Dismiss and rules in accordance with the tentative ruling as follows: Defendant Entertainment Media Specialist, Inc. (EMS) moves to dismiss itself from the Complaint, with prejudice, pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff Studio Transportation Drivers, Local #399 of the International Brotherhood of Teamsters (Local 399) opposes. The motion is GRANTED IN PART AND DENIED IN PART, as set forth below. (See document for details.) The Second, Third, and Fourth Claims are dismissed without prejudice as to EMS. At oral argument, Local 399 represented that it could replead the First Claim under an adoption by conduct theory not invoking the second prong of the single employer doctrine. To this extent, the First Claim is dismissed with leave to amend. Local 399 is free to file an amended complaint within 20 days. Court Reporter: Sharon Seffens. (rla) |
| Filing 22 REPLY reply in support of motion to dismiss MOTION to Dismiss def Entertainment Media Specialists Inc #16 filed by Defendant Entertainment Media Specialists Inc. (Tracy, Michael) |
| Filing 21 MEMORANDUM in Opposition to MOTION to Dismiss def Entertainment Media Specialists Inc #16 filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Weiner, Michael) |
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Filing 20
ORDER Setting Scheduling Conference for 3/9/2009 10:30 AM before Judge James V. Selna. (Attachments: #1 Exhibit) (kt)
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Filing 19
ORDER Granting Stipulation to continue hearing on defendant Entertainment Media Specialists, Inc.'s Motion to Dismiss by Judge James V. Selna #18 . The Court GRANTS the stipulation and ORDERS that the hearing becontinued to February 23, 2009. Plaintiffs opposition papers shall be due February 9, 2009 and EMSs reply brief shall be due February 13, 2009.( Motion set for hearing on 2/23/2009 at 01:30 PM before Judge James V. Selna.) (twdb)
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| Filing 18 STIPULATION to Continue EMS's Motion to Dismiss from February 9, 2009 to February 23, 2009 Re: Amendment (Motion related) #17 , MOTION to Dismiss def Entertainment Media Specialists Inc #16 filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. (Attachments: #1 Proposed Order)(Weiner, Michael) |
| Filing 17 Amendment to MOTION to Dismiss def Entertainment Media Specialists Inc #16 to correct the date of hearing filed by Defendant Entertainment Media Specialists Inc. (Tracy, Michael) |
| Filing 16 NOTICE OF MOTION AND MOTION to Dismiss def Entertainment Media Specialists Inc filed by Def Entertainment Media Specialists Inc. Motion set for hearing on 3/2/2009 at 01:30 PM before Judge James V. Selna. (Tracy, Michael) |
| Filing 15 PROOF OF SERVICE filed by Defendants/Cross-Defendants Prashant Shah, Bollywood Hollywood Production Inc, re Answer to Crossclaim #14 served on January 6, 2009. (Alderfer, Amy) |
| Filing 14 ANSWER TO CROSS-CLAIMS OF DEFENDANTS HAPPY HOURS PRODUCTIONS, LLC AND RAJ SHAH filed by Defendants/Cross-Defendants Prashant Shah, Bollywood Hollywood Production Inc.(Alderfer, Amy) |
| Filing 13 PROOF OF SERVICE filed by plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters, re Answer to Crossclaim #12 served on January 5, 2009. (Weiner, Michael) |
| Filing 12 ANSWER to Apparent Counter-Claim filed by plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters.(Weiner, Michael) |
| Filing 11 ANSWER AND CROSSCLAIM against Prashant Shah, Bollywood Hollywood Production Inc, Filmkraft Productions (India) PVT Ltd, Entertainment Media Specialists Inc, Rakesh Roshan, Shammi Saini filed by Defendants and Cross Claimants Raj Shah, Happy Hour Productions LLC.(smi) |
| Filing 10 CERTIFICATE of Interested Parties filed by Defendants Raj Shah and Happy Hour Productions LLC,. (lwag) |
| Filing 9 WAIVER OF SERVICE Returned Executed filed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters. upon Entertainment Media Specialists Inc waiver sent by Plaintiff on 11/17/2008, answer due 1/16/2009. Waiver of Service signed by Michael Tracy, Esq.. (Weiner, Michael) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters, upon Raj Shah served on 10/24/2008, answer due 11/13/2008; Prashant Shah served on 10/24/2008, answer due 11/13/2008; Happy Hour Productions LLC served on 10/24/2008, answer due 11/13/2008; Bollywood Hollywood Production Inc served on 10/16/2008, answer due 11/5/2008. Original Summons No. (Weiner, Michael) |
| Filing 7 PROOF OF SERVICE filed by plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters, re Certificate/Notice of Interested Parties #2 served on November 17, 2008. (Weiner, Michael) |
| Filing 6 PROOF OF SERVICE filed by plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters, re Order #3 served on November 7 and 17, 2008. (Weiner, Michael) |
| Filing 5 Certificate of Interested Parties filed by Defendants Prashant Shah, Bollywood Hollywood Production Inc, identifying Bollywood Hollywood Production, Inc. and Prashant Shah. (Alderfer, Amy) |
| Filing 4 ANSWER to Complaint - (Discovery), Complaint - (Discovery) #1 filed by Defendants Prashant Shah, Bollywood Hollywood Production Inc.(Alderfer, Amy) |
|
Filing 3
INITIAL ORDER FOLLOWING FILING OF COMPLAINT by Judge James V. Selna (ade)
|
| Filing 2 NOTICE of Interested Parties filed by plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters, (twdb) (lwag, ). |
| Filing 1 COMPLAINT against defendants Raj Shah, Prashant Shah, Does 1-20, Happy Hour Productions LLC, Bollywood Hollywood Production Inc, Filmkraft Productions (India) PVT Ltd, Entertainment Media Specialists Inc, Rakesh Roshan, Shammi Saini.(Filing fee $ 350 paid) Jury demand., filed by plaintiff Studio Transportation Drivers Local 399 of the International Brotherhood of Teamsters.(twdb) (lwag, ). |
| 20 DAY Summons Issued re Complaint - (Discovery), Complaint - (Discovery) #1 as to defendants Raj Shah, Prashant Shah, Does, Happy Hour Productions LLC, Bollywood Hollywood Production Inc, Filmkraft Productions (India) PVT Ltd, Entertainment Media Specialists Inc, Rakesh Roshan, Shammi Saini. (twdb) |
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