Cynthia E Spann v. J.C. Penny Corporation Inc et al
Cynthia E Spann |
Does 1 through 10, inclusive and J.C. Penny Corporation Inc |
Walter F Ellingwood and Jessica Charles |
8:2012cv00215 |
February 8, 2012 |
US District Court for the Central District of California |
Robert N Block |
Fernando M Olguin |
Karen E Scott |
Other Fraud |
28 U.S.C. § 1332 Diversity-Fraud |
Plaintiff |
Docket Report
This docket was last retrieved on November 18, 2016. A more recent docket listing may be available from PACER.
Document Text |
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Filing 278 NOTICE OF FILING TRANSCRIPT filed for proceedings 08/25/16 - 10:15 A.M re Transcript #277 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY |
Filing 277 TRANSCRIPT for proceedings held on 08/25/16 - 10:15 A.M. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, phone number 213-894-2979; csrlisag@aol.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/9/2016. Redacted Transcript Deadline set for 12/19/2016. Release of Transcript Restriction set for 2/16/2017. (Gonzalez, Lisa) |
Filing 276 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #273 filed by Walter F Ellingwood. CCA # 16-56474. The assessment conference previously scheduled for November 14, 2016, is canceled. Appellant's unopposed motion to dismiss this appeal is granted. 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) |
Filing 275 TRANSCRIPT ORDER as to Defendant J.C. Penny Corporation Inc for Court Reporter. Court will contact Cynthia Coblentz at ccoblentz@sheppardmullin.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Keshavarzi, Moe) |
Filing 274 NOTIFICATION by Circuit Court of Appellate Docket Number 16-56474, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals, #273 as to Appellant Walter F Ellingwood. (mat) |
Filing 273 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Objector - Appellant Walter F Ellingwood. Appeal of Order on Motion for Attorney Fees,,, Order on Motion for Settlement,, #271 , Judgment #272 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-18683460.) (Attachments: #1 Appendix Judgment Appealed From, #2 Appendix Order Appealed From)(Helfand, Steven) |
Filing 272 JUDGMENT by Judge Fernando M. Olguin. (MD JS-6, Case Terminated). (vdr) |
Filing 271 ORDER RE: MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT; MOTION FORATTORNEY'S FEES, COSTS, AND CLASS REPRESENTATIVE ENHANCEMENT PAYMENT by Judge Fernando M. Olguin. Plaintiff's Motion for Final Approval of Class Action Settlement #268 is granted as set forth herein. The court hereby grants final approval of the parties' Settlement Agreement. Plaintiffs Unopposed Motion for Attorneys' Fees, Litigation Costs and Class Representative's Enhancement Payment #248 is granted as set forth in this order. (vdr) |
Filing 270 MINUTES OF Motion Hearing held before Judge Fernando M. Olguin: Court and counsel confer regarding the pending motions as stated on the record. The court notes for the record that other than the class representative, Cynthia Spann, there are no class members or objectors present. The Unopposed Motion for Attorneys' Fees, Litigation Costs and Class Representative's Enhancement Payment (Dkt. #248 ) and Plaintiff's Motion for Final Approval of Class ActionSettlement (Dkt. #268 ) are taken under submission. IT IS SO ORDERED. Court Reporter: Lisa Gonzalez. (jy) |
Filing 269 NOTICE filed by Plaintiff Cynthia E Spann. of Recent Authority Regarding Motion for Attorneys Fees, Litigation Costs and Class Representatives Enhancement Payment (Attachments: #1 Exhibit 1)(Zevin, Matthew) |
Filing 268 NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement filed by Plaintiff Cynthia E Spann. Motion set for hearing on 8/25/2016 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Matthew J. Zevin, #3 Exhibit A to Zevin Declaration, #4 Declaration of Derek J. Emge, #5 Declaration James Prutsman, #6 Exhibit A to Prutsman Decl, #7 Exhibit B to Prutsman Decl, #8 Exhibit C to Prutsman Decl, #9 Exhibit D to Prutsman Decl, #10 Exhibit E to Prutsman Decl, #11 Exhibit F to Prutsman Decl, #12 Exhibit G to Prutsman Decl, #13 Exhibit H to Prutsman Decl, #14 Exhibit I to Prutsman Decl, #15 Exhibit J to Prutsman Decl, #16 Proof of Service) (Emge, Derek) |
Filing 267 RESPONSE filed by Defendant J.C. Penny Corporation Incto Objection #261 Filed by Jessica Charles (Attachments: #1 Proof of Service)(Keshavarzi, Moe) |
Filing 266 REPLY in support of NOTICE OF MOTION AND MOTION for Attorney Fees , Litigation Costs and Class Representative's Enhancement Payment #248 filed by Plaintiff Cynthia E Spann. (Attachments: #1 Declaration (Suppl) of Derek J. Emge, #2 Exhibit A to Suppl. Emge Decl, #3 Exhibit B to Suppl. Emge Decl, #4 Exhibit C to Suppl. Emge Decl, #5 Exhibit D to Suppl. Emge Decl, #6 Exhibit E to Suppl. Emge Decl, #7 Exhibit F to Suppl. Emge Decl, #8 Exhibit G to Suppl. Emge Decl, #9 Exhibit H to Suppl. Emge Decl, #10 Declaration (Suppl) of Matthew J. Zevin, #11 Declaration (Suppl) of David A. Huch, #12 Proof of Service)(Emge, Derek) |
Filing 265 NOTICE of receipt of objection to settlement (Sweeney) filed by plaintiff Cynthia E Spann. (Attachments: #1 proof of service)(Emge, Derek) |
Filing 264 NOTICE of receipt of objection to settlement (Branch) filed by plaintiff Cynthia E Spann. (Attachments: #1 proof of service)(Emge, Derek) |
Filing 263 NOTICE of receipt of objection to settlement (Fedorka) filed by plaintiff Cynthia E Spann. (Attachments: #1 proof of service)(Emge, Derek) |
Filing 262 NOTICE of receipt of objection to settlement (Crenwelge) filed by plaintiff Cynthia E Spann. (Attachments: #1 proof of service)(Emge, Derek) |
Filing 261 OBJECTION to the Settlement filed by Objector Jessica Charles. (jp) |
Filing 260 OBJECTIONS to Attorneys Fees filed by Objector Walter F Ellingwood. (Helfand, Steven) |
Filing 259 OBJECTION filed by Sandy Bacon. (vdr) |
Filing 258 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Unopposed Motion for Attorneys' Fees, Litigation Costs and Class Representative Enhancement Payment #248 is set for hearing on 8/25/2016 at 10:00 AM before Judge Fernando M. Olguin. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
Filing 257 ORDER MODIFYING CLASS CERTIFICATION ORDER, PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT AND CLASS NOTICE, AND SETTING FINAL FAIRNESS HEARING by Judge Fernando M. Olguin. The motion #246 is granted. A final approval (fairness) hearing is set for 8/25/2016 at 10:00 AM. *See order for complete ruling and deadlines.* (vdr) |
Filing 256 ORDER GRANTING APPLICATION #253 by Judge Fernando M. Olguin. (vdr) |
Filing 255 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #246 filed by Plaintiff Cynthia E Spann. (Attachments: #1 Proof of Service)(Zevin, Matthew) |
Filing 254 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Joint Supplemental Memorandum of Points and Authorities Re: Opt-Out Threshold and Declaration of Heather Plocky In Support of JCPenneys Unopposed Application to File Under Seal Documents Filed in Support of Joint Supple #253 filed by Defendant J.C. Penny Corporation Inc. (Attachments: #1 Unredacted Document)(Keshavarzi, Moe) |
Filing 253 APPLICATION to file document Joint Supplemental Memorandum of Points and Authorities Re: Opt-Out Threshold and Declaration of Heather Plocky In Support of JCPenneys Unopposed Application to File Under Seal Documents Filed in Support of Joint Supplemental Memorandum of Points and Authorities Re: Opt-Out Threshold under seal filed by Defendant J.C. Penny Corporation Inc. (Attachments: #1 Proposed Order)(Keshavarzi, Moe) |
Filing 252 NOTICE OF FILING TRANSCRIPT filed for proceedings 120315, 2:42 P.M re Transcript #251 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY |
Filing 251 TRANSCRIPT for proceedings held on 120315, 2:42 P.M. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, phone number 213-894-2979; CSRLISAG@AOL.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/30/2015. Redacted Transcript Deadline set for 1/11/2016. Release of Transcript Restriction set for 3/8/2016. (Gonzalez, Lisa) |
Filing 250 MINUTES OF Motion Hearing held before Judge Fernando M. Olguin. Upon submission of the required documents by 12/10/2015, the Motion #246 will be deemed submitted and taken under submission.Court Reporter: Lisa Gonzalez. (vdr) |
Filing 249 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Modification and Preliminary Approval #246 , currently set for 12/3/2015 at 10:00 AM is hereby continued to 2:30 PM before Judge Fernando M. Olguin. The motion will be heard on the same date as previously set, but in the afternoon.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
Filing 248 NOTICE OF MOTION AND MOTION for Attorney Fees , Litigation Costs and Class Representative's Enhancement Payment filed by Plaintiff Cynthia E Spann. (Attachments: #1 Memorandum, #2 Declaration of Matthew J. Zevin, #3 Declaration Derek Emge, #4 Declaration David A. Huch, #5 Proof of Service) (Zevin, Matthew) |
Filing 247 NOTICE OF ERRATA filed by Plaintiff Cynthia E Spann. correcting NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #246 (Attachments: #1 Declaration of Matthew J. Zevin, #2 Exhibit A to Declaration of Matthew J. Zevin, #3 Exhibit B to Declaration of Matthew J. Zevin, #4 Exhibit C to Declaration of Matthew J. Zevin, #5 Proof of Service)(Zevin, Matthew) |
Filing 246 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiff Cynthia E Spann. Motion set for hearing on 12/3/2015 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum, #2 Declaration of Matthew J. Zevin, #3 Exhibit A to Declaration of Matthew J. Zevin, #4 Exhibit B to Declaration of Matthew J. Zevin, #5 Exhibit C to Declaration of Matthew J. Zevin, #6 Declaration of Cynthia E. Spann, #7 Declaration of Adam Tarczynski, #8 Declaration of Brian J. Bergmark, #9 Declaration of Jeanne C. Finegan, #10 Proposed Order, #11 Proof of Service) (Zevin, Matthew) |
Filing 245 ORDER GRANTING CONTINUANCE by Judge Fernando M. Olguin, re Stipulation #244 . Plaintiff and/or the parties shall file a Motion for Preliminary Approval of Settlement on or before 11/10/2015, and the hearing on said Motion shall be set for 12/3/2015 at 10:00 a.m. (vdr) |
Filing 244 Joint STIPULATION for Extension of Time to File Motion for Preliminary Approval of Class Action Settlement filed by Plaintiff Cynthia E Spann. (Attachments: #1 Proposed Order, #2 Proof of Service)(Zevin, Matthew) |
Filing 243 ORDER by Judge Fernando M. Olguin: granting #242 EX PARTE APPLICATION for Leave to File Excess Pages. IT IS ORDERED Plaintiff is granted leave to file her brief in excess of 25 pages and up to 35 pages in length. (shb) |
Filing 242 EX PARTE APPLICATION to Exceed Page Limitation Motion for Preliminary Approval of Class Action Settlement filed by Plaintiff Cynthia E Spann. (Attachments: #1 Exhibit A to ex parte application (Proposed Order), #2 Proof of Service) (Emge, Derek) |
Filing 241 ORDER by Judge Fernando M. Olguin, granting Stipulation #240 . The motion for class certification and preliminary approval of settlement agreement is due no later than 11/3/2015. (vdr) |
Filing 240 Joint STIPULATION to Continue Deadline to File Motion for Preliminary Approval of Settlement from October 13, 2015 to November 3, 2015 Re: Minutes of In Chambers Order/Directive - no proceeding held, Terminate Deadlines and Hearings #239 filed by plaintiff Cynthia E Spann. (Attachments: #1 Proposed Order, #2 Poof of Service)(Emge, Derek) |
Filing 239 MINUTE ORDER IN CHAMBERS RE: NOTICE OF SETTLEMENT #238 by Judge Fernando M. Olguin. The plaintiffs shall file a motion for class certification and preliminary approval of settlement agreement no later than 10/13/2015. (vdr) |
Filing 238 NOTICE of Settlement filed by Defendant J.C. Penny Corporation Inc. (Keshavarzi, Moe) |
Filing 237 MINUTE ORDER IN CHAMBERS RE: STIPULATION #236 by Judge Fernando M. Olguin. Jury Trial is continued to 2/16/2016 at 8:30 AM; Final Pretrial Conference and Motions in Limine are set for 1/29/2016 at 10:00 AM before Judge Fernando M. Olguin. *See order for continued deadlines.* (vdr) |
Filing 236 Eighth STIPULATION to AMEND Order,, Set/Reset Hearing, #212 filed by Defendant J.C. Penny Corporation Inc. (Attachments: #1 Declaration of David A. Rotman, #2 Proposed Order Granting Eighth Stipulation to Amend Scheduling Order)(Keshavarzi, Moe) |
Filing 235 MINUTE ORDER IN CHAMBERS RE: PENDING DISCOVERY MOTIONS by Judge Fernando M. Olguin. The Motions to Compel #226 and #232 are placed under submission. (vdr) |
Filing 234 MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Karen E. Scott: Pursuant to the District Judge's order (DE #233 ), the hearing scheduled for Tuesday, 8/18/2015, at 10:00 AM is ordered off calendar. (jtil) |
Filing 233 MINUTE ORDER IN CHAMBERS RE: DISCOVERY by Judge Fernando M. Olguin. On the court's own motion, the referral to Magistrate Judge Scott for discovery matters in this case is hereby vacated. (vdr) |
Filing 232 NOTICE OF MOTION AND MOTION to Compel the Deposition of Cynthia Spann ( Motion set for hearing on 8/18/2015 at 10:00 AM before Magistrate Judge Karen E. Scott.), MOTION to Compel Deposition of Cynthia Spann filed by Defendant J.C. Penny Corporation Inc. (Attachments: #1 Joint Stipulation, #2 Declaration of Moe Keshavarzi, #3 Declaration of Matthew Zevin, #4 Proposed Order Granting Motion to Compel the Deposition of Cynthia Spann)(Keshavarzi, Moe) Modified on 8/20/2015 (vdr). |
Filing 231 ORDER by Magistrate Judge Karen E. Scott Granting J.C. Penney Corporation, Inc.'s Application to Seal #225 . The Application is GRANTED; and the Clerk of the Court shall seal the Joint Stipulation, Keshavarzi Exhibits and the Tarczynski Declaration. (jtil) |
Filing 230 SEALED DOCUMENT RE UNREDACTED DECLARATION OF ADAM TARCZYNSKI IN SUPPORT OF J C PENNEY CORPORATION, INC.'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO PLAINTIFF'S REQUEST FOR PRODUCTION, SET 6 (mt) |
Filing 229 SEALED DOCUMENT RE UNREDACTED DECLARATION OF MOE KESHAVARZI IN SUPPORT OF J C PENNEY CORPORATION INC.'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO PLAINTIFF'S REQUEST FOR PRODUCTION, SET 6 (mt) |
Filing 228 SEALED DOCUMENT RE UNREDACTED JOINT STIPULATION REGARDING PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO PLAINTIFF'S REQUEST FOR PRODUCTION SET 6 (mt) |
Filing 227 PROOF OF SERVICE filed by Defendant J.C. Penny Corporation Inc, re MOTION to Compel Production of Documents #226 served on 8/6/15. (Keshavarzi, Moe) |
Filing 226 NOTICE OF MOTION AND MOTION to Compel Production of Documents filed by Defendant J.C. Penny Corporation Inc. Motion set for hearing on 8/18/2015 at 10:00 AM before Magistrate Judge Karen E. Scott. (Attachments: #1 Redacted Joint Stipulation, #2 Declaration Declaration of Derek Emge, #3 Declaration Redacted Declaration of Moe Keshavarzi, #4 Declaration Redacted Declaration of Adam Tarczynski, #5 Proposed Order Granting Motion to Compel, #6 Proposed Order Denying Motion to Compel)(Keshavarzi, Moe) Modified on 8/20/2015 (vdr). |
Filing 225 NOTICE of Manual Filing filed by Defendant J.C. Penny Corporation Inc of (1) Joint Stipulation; (2) Declaration of Moe Keshavarzi; and (3) Declaration of Adam Tarczynski. (Attachments: #1 Application to File Under Seal, #2 Proposed Order Granting Application to File Under Seal)(Keshavarzi, Moe) |
Filing 224 ORDER by Magistrate Judge Karen E. Scott: Shortening Notice on Plaintiff's Motion to Compel Request for Production of Documents, Set Six and Defendant's Motion to Compel the Deposition of Cynthia Spann #222 . The Court shortens notice for Plaintiffs Motion to Compel Request for Production of Documents, Set Six and JCPenneys Motion to Compel the Deposition of Cynthia Spann; and The hearings on these motions is scheduled for August 18, 2015 at 10:00 a.m. (jtil) |
Filing 223 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Karen E. Scott for any discovery and/or post-judgment matters that may be referred. Case number will now read as SACV12-00215 FMO (KESx). (lwag) |
Filing 222 STIPULATION for Discovery as to Shortened Notice on Plaintiffs Motion to Compel Request for Production of Documents, Set Six and Defendants Motion to Compel the Deposition of Cynthia Spann filed by Defendant J.C. Penny Corporation Inc. (Attachments: #1 Proposed Order Granting Stipulation to Shorten Time For Plaintiffs Motion to Compel Request for Production of Documents, Set Six and Defendants Motion to Compel the Deposition of Cynthia Spann)(Keshavarzi, Moe) |
Filing 220 ANSWER to Amended Complaint #160 Fourth filed by Defendant J.C. Penny Corporation Inc.(Keshavarzi, Moe) |
Filing 221 ORDER from Ninth Circuit Court of Appeals filed. CCA # 15-80098. Petitioner's motion for leave to file a reply in support of the petition for permission to appeal is granted.(mat) |
Filing 219 ORDER RE: PLAINTIFF'S MOTION #206 TO STRIKE AFFIRMATIVE DEFENSES IN DEFENDANT'S ANSWER by Judge Fernando M. Olguin. Plaintiff's Motion to Strike Defendant's Affirmative Defenses is granted in part and denied in part. Defendant shall file its First Amended Answer to the Fourth Amended Complaint no later than 7/30/2015. (vdr) |
Filing 218 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Business or Contact Information (G-06) #217 . The following error(s) was found: Case number is incorrect or missing. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (ak) |
Filing 217 NOTICE of Change of Attorney Business or Contact Information: for attorney Matthew J Zevin counsel for Plaintiff Cynthia E Spann. Changing address to 10021 Willow Creek Road, Suite 200. Filed by Plaintiff Cynthia E. Spann. (Zevin, Matthew) |
Filing 216 NOTICE of Change of firm name and address by Derek J Emge attorney for Plaintiff Cynthia E Spann. Changing firm name to The Emge Firm, LLP and address to 501 W. Broadway, Suite 1760, San Diego, CA 92101. Filed by Plaintiff Cynthia E Spann. (Attachments: #1 Proof of Service)(Emge, Derek) |
Filing 215 MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Robert N. Block re The Parties Stipulation Regarding Deposition of Ron Johnson #213 : The parties are advised that, while the Court is signing off on their proposed Order Regarding Deposition of Ron Johnson, if plaintiff files a motion to compel relating tothe Johnson deposition on August 11, 2015 (in accordance with the Stipulation and Order), (a) the motion will be heard by another Magistrate Judge to whom the case then is assigned (due to the retirement of the currently-assigned Magistrate Judge in the meantime); and (b) it is not this Courts intent in signing off on the parties proposed Order to bind the successor Magistrate Judge to decide such motion on an expedited basis. In other words, if the successor Magistrate Judge grants the motion but does not do so in sufficient time to enable the deposition to be completed by the September 1, 2015 fact discovery cut-off date set by the District Judge, plaintiff will need to seekfurther relief from the District Judge. (klg) |
Filing 214 ORDER REGARDING DEPOSITION OF RON JOHNSON by Magistrate Judge Robert N. Block: GRANTED #213 (see document for further details) (klg) |
Filing 213 STIPULATION for Discovery as to Deposition of Ron Johnson filed by Plaintiff Cynthia E Spann. (Attachments: #1 Proposed Order, #2 Proof of Service)(Emge, Derek) |
Filing 212 ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin. Jury Trial is continued to 1/26/2016 at 8:30 AM; Final Pretrial Conference and Motions in Limine are continued to 1/8/2016 at 10:00 AM before Judge Fernando M. Olguin. *See order for deadlines and requirements.* (vdr) |
Filing 211 Seventh STIPULATION to AMEND Order, Set/Reset Hearing #201 filed by Defendant J.C. Penny Corporation Inc. (Attachments: #1 Proposed Order re Stipulation to Amend)(Keshavarzi, Moe) |
Filing 210 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Strike #206 is taken off the 5/21/2015 calendar and placed under submission. No appearances are required on 5/21/2015. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
Filing 209 ORDER RE: MOTION FOR CLASS CERTIFICATION by Judge Fernando M. Olguin: IT IS ORDERED that Plaintiff's Motion for Class Certification #177 is granted. The court certifies the class with respect to plaintiff's claims under the CLRA, FAL, and UCL. The court hereby appoints Cynthia E. Spann as the representative of the Class. The court hereby appoints the Stanley Law Group and Emge & Associates as class counsel. See document for details. (gk) |
Filing 208 REPLY MOTION to Strike Defendant's Answer to Complaint #205 #206 filed by Plaintiff Cynthia E Spann. (Zevin, Matthew) |
Filing 207 Opposition re: MOTION to Strike Defendant's Answer to Complaint #205 #206 filed by Defendant J.C. Penny Corporation Inc. (Attachments: #1 Declaration of Moe Keshavarzi In Support of JCPenney's Opposition to Plaintiff's Motion to Strike Affirmative Defenses, #2 Proposed Order Denying Plaintiff's Motion to Strike Affirmative Defenses)(Keshavarzi, Moe) |
Filing 206 NOTICE OF MOTION AND MOTION to Strike Defendant's Answer to Complaint #205 filed by Plaintiff Cynthia E Spann. Motion set for hearing on 5/21/2015 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Matthew J. Zevin, #3 Exhibit Exhibits 1 to 7, #4 Proposed Order)(Zevin, Matthew) |
Filing 205 ANSWER to Amended Complaint #160 (Fourth Amended Complaint) filed by Defendant J.C. Penny Corporation Inc.(Keshavarzi, Moe) |
Filing 204 ORDER RE: MOTION FOR SUMMARY JUDGMENT # 173 by Judge Fernando M. Olguin. Defendant's Renewed Motion for Summary Judgment is denied. (vdr) |
Filing 203 NOTICE Plaintiff Cynthia E. Spann's Second Notice Of Recent Authority Regarding Summary Judgment And Class Certification filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Exhibit 1)(Zevin, Matthew) |
Filing 202 MINUTES (IN CHAMBERS) ORDER RE: PENDING MOTION by Judge Fernando M. Olguin. Defendant's Motion to Dismiss or Alternatively Strike Certain Allegations in the Fourth Amended Complaint # 161 is denied. Defendant shall file its Answer to the Fourth Amended Complaint no later than 3/30/2015. (vdr) |
Filing 201 ORDER AMENDING SCHEDULING ORDER by Judge Fernando M. Olguin, re Stipulation # 200 . (jloz) |
Filing 200 Sixth STIPULATION to Amend Order,,, Set/Reset Deadlines/Hearings,, # 184 filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Proposed Order)(Zevin, Matthew) |
Filing 199 ORDER AMENDING SCHEDULING ORDER by Judge Fernando M. Olguin. Pursuant to the parties Fifth Stipulation to Amend Scheduling Order # 198 , and good cause appearing therefore, that: The scheduling order shall be amended as follows: Law and Motion Cut-Off March 20, 2015; Initial expert disclosures March 6, 2015; Rebuttal Expert disclosures April 10, 2015; Expert Discovery Cut-Off April 23, 2015; File Motions in Limine April 30, 2015; File Pre-Trial Documents May 22, 2015; Final Pre-Trial Conference May 29, 2015 at 10:00 am; File Findings of Fact and Conclusions ofLaw June 5, 2015; Jury Trial June 30, 2015 at 8:30 AM. (jp) |
Filing 198 Fifth STIPULATION to Amend Order,,, Set/Reset Deadlines/Hearings,, # 184 filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Proposed Order)(Zevin, Matthew) |
Filing 197 ORDER GRANTING J.C. Penney Corporation, Inc.'s Application to File Response to Plaintiff's Notice of Recent Authority Regarding Class Certification # 194 by Judge Fernando M. Olguin. (jp) |
Filing 196 NOTICE Errata filed by Defendant J.C. Penny Corporation Inc. NOTICE OF ERRATA IN APPLICATION TO FILE RESPONSE TO PLAINTIFFS' NOTICE OF RECENT AUTHORITY REGARDING CLASS CERTIFICATION AND RESPONSE (Keshavarzi, Moe) |
Filing 195 OPPOSITION in Opposition re: APPLICATION for Leave to File RESPONSE TO PLAINTIFF'S NOTICE OF RECENT AUTHORITY REGARDING CLASS CERTIFICATION AND RESPONSE # 194 filed by Plaintiff Cynthia E Spann. (Zevin, Matthew) |
Filing 194 APPLICATION for Leave to File RESPONSE TO PLAINTIFF'S NOTICE OF RECENT AUTHORITY REGARDING CLASS CERTIFICATION AND RESPONSE filed by Defendant J.C. Penny Corporation Inc. (Keshavarzi, Moe) |
Filing 193 NOTICE Recent Authority Regarding Class Certification filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Zevin, Matthew) |
Filing 192 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Renewed Motion for Summary Judgment # 173 and Motion for Class Certification # 177 , previously set for hearing on 8/21/2014, are taken off calendar and placed under submission. No appearances are required on 8/21/2014. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
Filing 191 JOINT NOTICE OF LODGING Deposition Transcripts in support of Plaintiff Motion for Class Certification and Defendant's Renewed MOTION for class Certification # 177 filed by plaintiff Cynthia E Spann. (jp) |
Filing 190 NOTICE OF LODGING filed re MOTION to Certify Class # 177 (Emge, Derek) |
Filing 189 Joint NOTICE of Manual Filing filed by Plaintiff Cynthia E Spann of Deposition Transcripts. (Emge, Derek) |
Filing 188 SUPPLEMENT to Renewed MOTION for Summary Judgment as to Fourth Amended Complaint # 173 Supplemental Brief In Support filed by Defendant J.C. Penny Corporation Inc. (Keshavarzi, Moe) |
Filing 187 SUPPLEMENT to MOTION to Certify Class # 177 Supplemental Brief In Opposition filed by Defendant J.C. Penny Corporation Inc. (Keshavarzi, Moe) |
Filing 186 SUPPLEMENT to Renewed MOTION for Summary Judgment as to Fourth Amended Complaint # 173 Supplemental Brief in Opposition to Motion for Summary Judgment filed by Plaintiff Cynthia E Spann. (Zevin, Matthew) |
Filing 185 SUPPLEMENT to MOTION to Certify Class # 177 Supplemental Brief in Support filed by Plaintiff Cynthia E Spann. (Zevin, Matthew) |
Filing 184 ORDER AMENDING SCHEDULING ORDER # 183 by Judge Fernando M. Olguin. The scheduling order shall be amended as follows: Law and Motion Cut-Off December 19, 2014; Initial expert disclosures December 5, 2014; Rebuttal Expert disclosures January 9, 2015; Expert Discovery Cut-Off January 23, 2015; File Motions in Limine January 30, 2015; File Pre-Trial Documents February 20, 2015Final Pre-Trial Conference February 27, 2015 at 10:00 AM; File Findings of Fact and Conclusions of Law March 6, 2015; Jury Trial March 31, 2015 at 8:30 AM. (jp) |
Filing 183 STIPULATION to Continue Case Mangement dates from Various to Various Re: Order on Motion for Summary Judgment, Order on Motion for Reconsideration,, # 167 filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Proposed Order)(Zevin, Matthew) |
Filing 182 NOTICE of Change of firm name and address by David A Huch attorney for Plaintiff Cynthia E Spann. Changing firm name to Law Office of David A. Huch and address to 3281 E. Guasti Rd., Suite 700, Ontario, CA 91761; Phone: (909) 212-7945; Fax No.: (909) 614-7008. Filed by Plaintiff Cynthia E Spann. (Huch, David) |
Filing 181 SEALED DOCUMENT- SUPPLEMENTAL DECLARATION of Moe Keshavarzi in Support of J.C. Penney Corporation, Inc.'s Third Opposition to Motion for Class Certification file Under Seal. (mat) |
Filing 180 SEALED DOCUMENT- JOINT BRIEFING RE: PLAINTIFF'S THIRD MOTION FOR CLASS CERTIFICATION. (mat) |
Filing 178 ORDER by Judge Fernando M. Olguin GRANTING Joint Application to File Under Seal Documents # 176 and The Clerk of the Court shall seal the Brief and the Supplemental Keshavarzi Declaration, specifically the deposition transcript of Caroline Majzun-Bearden. (jp) |
Filing 179 SEALED DOCUMENT- JOINT BRIEFING RE: JCPenny's Renewed MOTION for Summary Judgment filed Under Seal. (mat) |
Filing 177 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Cynthia E Spann. Motion set for hearing on 8/21/2014 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum Redacted Joint Briefing Re: Plaintiffs Third Motion For Class Certification, # 2 Declaration Supplemental Declaration Of Matthew J. Zevin Re Meet And Confer Concerning Plaintiffs Motion For Class Certification, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Declaration Redacted Supplemental Declaration of Moe Keshavarzi, # 7 Proposed Order, # 8 Proof of Service)(Zevin, Matthew) |
Filing 176 JOINT APPLICATION TO FILE UNDER SEAL DOCUMENTS FILED IN SUPPORT OF AND IN OPPOSITION TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION filed Cynthia E Spann (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Zevin, Matthew) Modified on 6/20/2014 (vdr). |
Filing 175 REQUEST FOR JUDICIAL NOTICE re Renewed MOTION for Summary Judgment as to Fourth Amended Complaint # 173 in Opposition to Motion filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Exhibit 1)(Zevin, Matthew) |
Filing 174 ORDER GRANTING UNOPPOSED APPLICATION # 172 by Judge Fernando M. Olguin. (vdr) |
Filing 173 NOTICE OF MOTION AND Renewed MOTION for Summary Judgment as to Fourth Amended Complaint filed by Defendant J.C. Penny Corporation Inc. Motion set for hearing on 8/21/2014 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum Redacted Joint Briefing Re JCPenney's Renewed Motion for Summary Judgment, # 2 Redacted Statement of Uncontroverted Facts, # 3 Declaration (Supplemental) of Moe Keshavarzi In Support of Motion for Summary Judgment, # 4 Proposed Order Granting JCPenney's Motion for Summary Judgment)(Keshavarzi, Moe) |
Filing 172 UNOPPOSED APPLICATION TO FILE UNDER SEAL DOCUMENTS IN SUPPORT OF RENEWED MOTION FOR SUMMARY JUDGMENT filed J.C. Penny Corporation Inc (Attachments: # 1 Proposed Order Granting Application to Seal)(Keshavarzi, Moe) Modified on 6/19/2014 (vdr). |
Filing 171 ORDER by Judge Fernando M. Olguin, re Stipulation # 170 . The filing deadline for joint briefs will be 6/19/2014; supplemental briefing by 7/17/2014; hearing date pursuant to the Local Rules. (vdr) |
Filing 170 STIPULATION for Hearing re Motions for Class Certification and Summary Judgment filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Emge, Derek) |
Filing 169 NOTICE of Recent Supplemental Authority filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Exhibit A)(Zevin, Matthew) |
Filing 168 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss # 161 , previously set for hearing on 4/24/2014, is taken off calendar and placed under submission. No appearances are required on 4/24/2014. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
Filing 167 MINUTES (IN CHAMBERS) ORDER RE: PENDING MOTIONS AND STIPULATION TO AMEND SCHEDULING ORDER by Judge Fernando M. Olguin. Plaintiff's Motion # 162 for Reconsideration is denied. Defendant's Motion for Summary Judgment # 146 is denied without prejudice. The trial is continued to 9/16/2014 at 8:30 AM; Final Pretrial Conference to 8/29/2014 at 10:00 AM. *See order for other deadlines continued.* (vdr) |
Filing 166 Opposition re: MOTION for Reconsideration re Order on Motion to Dismiss, Order on Motion to Certify Class Action,,,, # 158 # 162 filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Declaration of Moe Keshavarzi In Support of JCPenney's Opposition to Motion for Reconsideration, # 2 Proposed Order Denying Plaintiff's Motion for Reconsideration)(Keshavarzi, Moe) |
Filing 165 REPLY in support of MOTION to Dismiss , or Alternatively Strike Certain Allegations in, the Fourth Amended Complaint # 161 filed by Defendant J.C. Penny Corporation Inc. (Keshavarzi, Moe) |
Filing 164 OPPOSITION in opposition re: MOTION to Dismiss , or Alternatively Strike Certain Allegations in, the Fourth Amended Complaint # 161 filed by Plaintiff Cynthia E Spann. (Zevin, Matthew) |
Filing 163 Third STIPULATION to AMEND Order, Set/Reset Deadlines/Hearings # 140 filed by plaintiff Cynthia E Spann. (Attachments: # 1 Proposed Order Amending Scheduling Order, # 2 Proof of Service)(Emge, Derek) |
Filing 162 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss, Order on Motion to Certify Class Action,,,, # 158 filed by Plaintiff Cynthia E Spann. Motion set for hearing on 5/1/2014 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum In Support Of Plaintiffs Motion For Reconsideration Of The Courts February 21, 2014 Order Denying Plaintiffs Motion For Class Certification Without Prejudice, # 2 Proposed Order Granting Plaintiff's Motion For Reconsideration Of The Court's February 21, 2014 Order)(Zevin, Matthew) |
Filing 161 NOTICE OF MOTION AND MOTION to Dismiss , or Alternatively Strike Certain Allegations in, the Fourth Amended Complaint filed by Defendant J.C. Penny Corporation Inc. Motion set for hearing on 4/24/2014 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum, # 2 Declaration of Moe Keshavarzi, # 3 Proposed Order Granting Motion to Dismiss, or Alternatively Strike Certain Allegations In, The Fourth Amended Complaint)(Keshavarzi, Moe) |
Filing 160 Fourth AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint # 98 , filed by Plaintiff Cynthia E Spann (Attachments: # 1 Exhibit A)(Zevin, Matthew) |
Filing 159 STATUS REPORT re JCPenney's Motion for Summary Judgment filed by Defendant J.C. Penny Corporation Inc. (Keshavarzi, Moe) |
Filing 158 MINUTES (IN CHAMBERS) ORDER RE: PENDING MOTIONS by Judge Fernando M. Olguin. The Motion to Dismiss or Strike # 103 is granted. If plaintiff wishes to pursue the claims based on defendant's post-February 2012 conduct, she is granted to 3/6/2014 to file a Fourth Amended Complaint. Plaintiff's Motion for Class Certification # 116 is denied without prejudice. No later than 2/27/2014, the parties shall file a joint status report stating whether, and to what extent, defendant's Motion for Summary Judgment # 146 is affected by this ruling. (vdr) |
Filing 157 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Class Certification # 116 and Motion for Summary Judgment # 146 , both currently set for hearing on 1/23/2014, are taken off calendar and placed under submission. No appearances are required on 1/23/2014. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
Filing 156 NOTICE of Change of Attorney Business or Contact Information: for attorney Matthew J Zevin counsel for Plaintiff Cynthia E Spann. Changing Firm Name to STANLEY LAW GROUP. Filed by Plaintiff Cynthia Spann. (Zevin, Matthew) |
Filing 155 SUPPLEMENT to MOTION for Summary Judgment as to Plaintiff's Third Amended Complaint # 146 filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Declaration of Moe Keshavarzi In Support of JCPenney's Supplemental Memorandum, # 2 Supplement Request for Judicial Notice)(Keshavarzi, Moe) |
Filing 154 SUPPLEMENT to MOTION for Summary Judgment as to Plaintiff's Third Amended Complaint # 146 Brief in Opposition filed by Plaintiff Cynthia E Spann. (Zevin, Matthew) |
Filing 153 NOTICE of Appearance filed by attorney James P Schaefer on behalf of Defendant J.C. Penny Corporation Inc (Attorney James P Schaefer added to party J.C. Penny Corporation Inc(pty:dft))(Schaefer, James) |
Filing 152 NOTICE of Appearance filed by attorney Raoul D Kennedy on behalf of Defendant J.C. Penny Corporation Inc (Attorney Raoul D Kennedy added to party J.C. Penny Corporation Inc(pty:dft))(Kennedy, Raoul) |
Filing 151 SEALED DOCUMENT- STATEMENT OF UNCONTROVERTED FACTS. (mat) |
Filing 150 SEALED DOCUMENT- UNREDACTED JOINT BRIEFING RE: JCPENNEY'S Motion for Summary Judgment. (mat) |
Filing 149 ORDER by Judge Fernando M. Olguin GRANTING J.C. Penney Unopposed Application to File Under Seal Documents filed in support of and In Opposition to Its Motion for Summary Judgment # 147 and the Clerk of the Court shall seal the unredacted Brief, the Joint Statement, and the Evidentiary Appendix, specifically the portions of the Keshavarzi and Zevin Declarations, including the Bergmark Declaration, Tomlin Declaration, Muris Declaration, Bearden Deposition, Hitch Declaration, Supp. Bergmark Declaration and the Tarczynski Deposition identified int he Application. (jp) |
Filing 148 SEALED DOCUMENT- JOINT EVIDENTIARY APPENDIX. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9)(mat) |
Filing 147 APPLICATION to File Under Seal Documents filed in support of and In Opposition to Its Motion for Summary Judgment filed by Defendant J.C. Penny Corporation Inc. Lodged Proposed Order. (jp) |
Filing 146 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Third Amended Complaint filed by Defendant J.C. Penny Corporation Inc. Motion set for hearing on 1/23/2014 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum Redacted Joint Briefing re JCPenney's Motion for Summary Judgment, # 2 Statement of Uncontroverted Facts, # 3 Appendix of Evidence Part 1 (Redacted), # 4 Appendix of Evidence Part 2 (Redacted), # 5 Supplement Request for Judicial Notice, # 6 Proposed Order Granting JCPenney's Motion for Summary Judgment)(Keshavarzi, Moe) |
Filing 145 NOTICE of Manual Filing filed by Defendant J.C. Penny Corporation Inc of (1) Joint Briefing re JCPenney's Motion for Summary Judgment; (2) Joint Statement of Uncontroverted Facts; and (3) Joint Evidentiary Appendix. (Keshavarzi, Moe) |
Filing 144 SEALED DOCUMENT- UNREDACTED PLAINTIFF'S SUPPLEMENTAL Memorandum of Points and Authorities in Support of Class Certification. (mat) |
Filing 143 SEALED DOCUMENT- UNREDACTED SUPPLEMENTAL Declaration of Matthew J Zevin in Support of Plaintiff's Motion for Class Certification. (mat) |
Filing 142 MINUTES (IN CHAMBERS) ORDER RE: APPLICATION # 141 TO FILE UNDER SEAL by Judge Fernando M. Olguin. The application is granted. (vdr) |
Filing 140 ORDER Amended Scheduling Order and Continuing Hearing on Class Certification # 135 by Judge Fernando M. Olguin (see attached Order for further details). (jp) |
Filing 141 APPLICATION to File Under Seal filed by plaintiff Cynthia E Spann. Lodged Proposed Order. (jp) |
Filing 139 SUPPLEMENT to Second MOTION to Certify Class # 116 Joint Brief re Class Certification filed by Defendant J.C. Penny Corporation Inc. (Keshavarzi, Moe) |
Filing 138 PROOF OF SERVICE filed by Plaintiff Cynthia E Spann, re Supplement(Motion related), # 137 served on 11/21/2013. (Zevin, Matthew) |
Filing 137 SUPPLEMENT to Second MOTION to Certify Class # 116 (Redacted) Supplemental Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Class Certification filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Declaration of Matt Zevin (Redacted))(Zevin, Matthew) |
Filing 136 NOTICE of Manual Filing filed by Plaintiff Cynthia E Spann of Unredacted Supplemental Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Class Certification and Unredacted Supplemental Declaration of Matthew J. Zevin in Support of Plaintiffs' Motion for Class Certification. (Zevin, Matthew) |
Filing 135 STIPULATION to Reschedule Scheduling Order and Class Certification Hearing filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Proposed Order)(Zevin, Matthew) |
Filing 134 ORDER RE STIPULATION # 133 by Judge Fernando M. Olguin. The Motion # 116 for Class Certification is continued from 12/5/2013 to 12/12/2013 at 10:00 AM before Judge Fernando M. Olguin. (vdr) |
Filing 133 STIPULATION to Continue Hearing on Motion for Plaintiff's Motion for Class Certification from December 5, 2013 to December 12, 2013 Re: Second MOTION to Certify Class # 116 filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Proposed Order)(Seeley, Paul) |
Filing 132 NOTICE of Association of Counsel associating attorney Raoul D. Kennedy and James P. Schaefer of Skadden, Arps, Slate, Meagher, & Flom LLP on behalf of Defendant J.C. Penny Corporation Inc. Filed by Defendant J.C. Penny Corporation Inc (Seeley, Paul) |
Filing 131 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the motion # 116 currently set for 11/21/2013 is hereby continued to 12/05/2013 at 10:00 AM before Judge Fernando M. Olguin. No appearances required on 11/21/13. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY |
Filing 130 ORDER RE STIPULATION TO CONTINUE DATE OF HEARING ON PLAINTIFF CYNTHIA E. SPANN'S MOTION FOR CLASS CERTIFICATION by Judge Fernando M. Olguin, re Stipulation # 129 . Plaintiff Cynthia Spann's Motion for Class Certification # 116 , currently set for October 24, 2013, is hereby continued to November 21, 2013. The parties' respective supplemental briefs regarding the Motion shall be due at least fourteen (14) days before the hearing. (jloz) |
Filing 129 STIPULATION to Continue Hearing on Motion for Class Certification from October 24, 2013 to November 14, 2013 Re: Second MOTION to Certify Class # 116 filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Proposed Order)(Seeley, Paul) |
Filing 128 MEDIATION REPORT Filed by Plaintiff Cynthia E Spann: Mediation held on September 24, 2013. The parties are unable to reach an agreement at this time.(Zevin, Matthew) |
Filing 126 SUPPLEMENT to MOTION to Compel Production of Documents # 78 Fifth Joint Supplemental Brief filed by Plaintiff Cynthia E Spann. (Zevin, Matthew) |
Filing 127 SEALED DOCUMENT- EXHIBITS H AND I to Unredacted Declaration of Matthew J. Zevin in Support of Plaintiff's Opposition to J.C. Penney Corporation Inc.'s Motion to Dismiss. (mat) |
Filing 125 DECLARATION of Matthew J. Zevin in support of plaintiff's opposition to J.C. Penny Corporation, Inc.'s MOTION to Dismiss, or Alternatively Strike Certain Allegations in, the Third Amended Complaint # 103 filed by Plaintiff Cynthia E Spann. (bp) |
Filing 124 (IN CHAMBERS) ORDER RE: APPLICATION TO FILE UNDER SEAL by Judge Fernando M. Olguin: The court hereby grants the Application # 123 as to Exhibits H and I to the Declaration of Matthew J. Zevin in Support of Plaintiff's Opposition to J.C. Penney Corporation, Inc.'s Motion to Dismiss, and denies the Application in all other respects. This Order is without prejudice to the court or any party referring to the designated materials in open court or in a court decision. The parties are advised that unless they identify a limited amount of exceptionally sensitive information that truly deserves protection, this court will not allow materials to be filed under seal. Compelling reasons, which amount to more than good cause, must be shown for sealing documents used in dispositive motions and at trial. See Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006). (jloz) Modified on 9/16/2013 (jloz). |
Filing 122 SEALED DOCUMENT- UNREDACTED JOINT EVIDENTIARY APPENDIX. (Attachments: Part 2, Part 3, Part 4, Part 5)(mat) |
Filing 121 SEALED DOCUMENT- UNREDACTED JOINT BRIEFING RE: PLAINTIFF'S MOTION FOR CLASS CERTIFICATION. (mat) |
Filing 120 ORDER GRANTING J.C. PENNEY CORPORATION, INC.'S UNOPPOSED APPLICATION TO FILE UNDER SEAL DOCUMENTS FILED IN SUPPORT OF AND IN OPPOSITION TO PLAINTIFF CYNTHIA E. SPANN'S MOTION FOR CLASS CERTIFICATION # 119 by Judge Fernando M. Olguin. (lom) |
Filing 119 JC PENNEY CORPORATION, INC.'S UNOPPOSED APPLICATION to Seal Documents Filed in Suport of and in Opposition to Plaintiff Cynthia E. Spann's Motion for Class Certification filed by Defendant J.C. Penny Corporation Inc. Lodged lodged proposed order. (yl) |
Filing 118 NOTICE Notice of Errata re Request for Judicial Notice in Support of JCP's Opposition to Second Motion for Class Certification filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Exhibit Request for Judicial Notice with Exhibits Part 1, # 2 Exhibit RJN - Part 2, # 3 Exhibit RJN - Part 3, # 4 Exhibit RJN - Part 4)(Seeley, Paul) |
Filing 117 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OFJ.C. PENNEY CORPORATION, INC.'S OPPOSITION TO SECOND MOTION FOR CLASS CERTIFICATION re Second MOTION to Certify Class # 116 filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Supplement Part 2 of Judicial Notice)(Seeley, Paul) |
Filing 116 NOTICE OF MOTION AND Second MOTION to Certify Class filed by Plaintiff Cynthia E Spann. Motion set for hearing on 10/24/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum Redacted Joint Briefing re Motion for Class Certification, # 2 Appendix of Evidence Part 1 (Redacted), # 3 Appendix of Evidence Part 2 (Redacted), # 4 Declaration of M. Zevin re Meet and Confer - Part 1, # 5 Declaration of M. Zevin re Meet and Confer Part 2, # 6 Proposed Order Granting Class Certification, # 7 Proposed Order Denying Class Certification)(Emge, Derek) |
Filing 115 NOTICE of Manual Filing filed by Plaintiff Cynthia E Spann of (1) Joint Briefing re Plaintiff's Motion for Class Certification; (2) Joint Evidentiary Appendix; (3) JC Penney's Unopposed Application to File Under Seal; (4) Proposed Order Granting JC Penney's Application to File Under Seal. (Emge, Derek) |
Filing 114 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the motion # 103 , currently set for 9/12/2013, is taken off calendar and under submission. No appearances are required on 9/12/2013. The court may order further briefing or other proceedings, at any time, as appropriate. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY |
Filing 113 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Robert N. Block. The parties' joint request # 112 that they be allowed to further update the Court if any issues remain open by Friday, September 20, 2013 is granted. (ig) |
Filing 112 NOTICE OF MOTION AND MOTION to Supplement Fourt Joint Supplemental Brief by Plaintiff and Defendant Regar re MOTION to Compel Production of Documents # 78 filed by Plaintiff Cynthia E Spann. (Emge, Derek) |
Filing 111 REPLY in support of MOTION to Dismiss, or Alternatively Strike Certain Allegations in, the Third Amended Complaint # 103 filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Declaration Supplemental Declaration of Moe Keshavarzi)(Seeley, Paul) |
Filing 123 PLAINTIFF'S APPLICATION TO FILE UNDER SEAL: Declaration of Matthew J. Zevin in Support of Plaintiff's Opposition to J.C. Penney Corporation, Inc.'s Motion to Dismiss, or Alternatively Strike Certain Allegations in, the Third Amended Complaint filed by plaintiff Cynthia E Spann. (lom) |
Filing 110 NOTICE of Change of Attorney Business or Contact Information: for attorney David A Huch counsel for Plaintiff Cynthia E Spann. Changing Address and Firm Name to Schiffman & Huch, LLP, 8105 Irvine Center Dr., Suite 900, Irvine, CA 92618, Ph: (949) 936-2564. Changing Fax Number to (949) 682-4881. Filed by Plaintiff Cynthia E. Spann. (Huch, David) |
Filing 109 Opposition re: MOTION to Dismiss, or Alternatively Strike Certain Allegations in, the Third Amended Complaint # 103 filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Declaration of Matthew J. Zevin, # 2 Exhibit A-I)(Zevin, Matthew) |
Filing 108 NOTICE of Manual Filing filed by Plaintiff Cynthia E Spann of 1) Plaintiff's Application to File Under Seal, 2) Order Granting Plaintiff's Application to File Under Seal, and 3) Unredacted Declaration of Matthew J. Zevin in Support of Plaintiffs Opposition to J.C. Penney Corporation, Inc.s Motion to Dismiss. (Zevin, Matthew) |
Filing 107 ORDER RE SECOND STIPULATION TO EXTEND DEADLINE TO COMPLETE MEDIATION by Judge Fernando M. Olguin, re Stipulation # 104 . The last day for Defendant J.C. Penney Corporation Inc. and Plaintiff Cynthia Spann to complete mediation shall now be September 25, 2013. (jloz) |
Filing 106 MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Robert N. Block REGARDING Plaintiff's Motion to Compel Production of Document # 78 : The parties joint request that they be allowed to further update the Court if any issues remain open by Friday, August 30, 2013 is granted. (klg) |
Filing 105 SUPPLEMENT to MOTION to Compel Production of Documents # 78 Third Joint Supplemental Brief by Plaintiff and Defendant Regarding Plaintiffs Motion to Compel filed by Plaintiff Cynthia E Spann. (Zevin, Matthew) |
Filing 104 Second STIPULATION to Continue Deadline to Complete Mediation from September 16, 2013 to September 25, 2013 Re: Order, Set/Reset Deadlines # 45 filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Proposed Order Re Second Stipulation to Extend Deadline to Complete Mediation)(Seeley, Paul) |
Filing 103 NOTICE OF MOTION AND MOTION to Dismiss, or Alternatively Strike Certain Allegations in, the Third Amended Complaint filed by Defendant J.C. Penny Corporation Inc. Motion set for hearing on 9/12/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum, # 2 Declaration of Moe Keshavarzi, # 3 Proposed Order Granting Motion to Dismiss, or Alternatively Strike Certain Allegations in, the Third Amended Complaint)(Seeley, Paul) |
Filing 102 MINUTE ORDER IN CHAMBERS by Magistrate Judge Robert N. Block: re: Plaintiff's Motion to Compel Production of Documents # 78 . The parties' joint request # 101 that they be allowed to further update the Court if any issues remain by Friday, August 16, 2013, is granted. (ts) |
Filing 101 SUPPLEMENT to MOTION to Compel Production of Documents # 78 filed by Plaintiff Cynthia E Spann. (Zevin, Matthew) |
Filing 100 MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Robert N. Block re Plaintiff's Motion to Compel Production of Documents: The parties joint request that they be permitted to provide further briefing by July 30, 2013 should they be unable to fully resolve the pending discovery dispute is granted. # 78 . (klg) |
Filing 99 SUPPLEMENT to MOTION to Compel Production of Documents # 78 filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Declaration of Moe Keshavarzi in Support of Plaintiff and Defendant's Joint Supplemental Brief Regarding Motion to Compel)(Seeley, Paul) |
Filing 98 THIRD AMENDED COMPLAINT against defendants J.C. Penny Corporation Inc., Does 1 through 10 amending Second Amended Complaint # 13 with JURY DEMAND, filed by Plaintiffs Cynthia E Spann. (jp) (jp). |
Filing 97 REPLY Support MOTION to Certify Class # 47 filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Declaration Supplemental Declaration of Matthew J. Zevin, # 2 Exhibit L through Q, # 3 Declaration Supplemental Declaration of Brian J. Bergmark)(Zevin, Matthew) |
Filing 96 ORDER DENYING Plaintiff's Application to File Under Seal # 95 by Judge Fernando M. Olguin. (jp) |
Filing 94 ORDER Re: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. A deadline for dispositive motions has been set in the above-captioned case. Any motion(s) for summary judgment shall comply with all Federal Rules of Civil Procedure and Local Rules, as well as this Order. (See attached Order for further details). (jp) |
Filing 93 ORDER Re: MOTIONS FOR CLASS CERTIFICATION by Judge Fernando M. Olguin. A deadline for motion for class certification has been set in the above-captioned case. Any motion(s) for class certification shall comply with all Federal Rules of Civil Procedure and Local Rules, as well as this Order. (See attached Order for further details). (jp) |
Filing 92 ORDER by Judge Fernando M. Olguin that Plaintiff's Motion for Leave to File Third Amended Complaint # 73 is GRANTED. Plaintiff shall, no later than 7/22/2013, file her Third Amended Complaint. Defendant shall file it s Answer to the Third Amended Complaint or a motion pursuant to FRCP 12 no later than 8/5/2013. Plaintiff's wishes to file another motion for class certification, then counselfor the parties shall, on 8/19/2013 at 10:00 AM. The deadline to file the motion for class certification shall be 9/6/2013. Plaintiff's Ex Parte Application for Extension of Time to File Reply Regarding Class Certification # 71 is DENIED AS MOOT. (jp) |
Filing 95 APPLICATION to File Under Seal filed by plaintiff Cynthia E Spann. Lodged Proposed Order. (jp) |
Filing 91 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin: On the court's own motion, the Plaintiff's Motion for Class Certification # 47 and the Motion for Leave to File Third Amended Complaint # 73 currently set for 7/25/2013 are hereby continued to 9/5/2013 at 10:00 AM before Judge Fernando M. Olguin. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(jloz) TEXT ONLY ENTRY |
Filing 90 Objection re: MOTION to Certify Class # 47 Plaintiff's Objection to Defendant's Declarations filed by Plaintiff Cynthia E Spann. (Zevin, Matthew) |
Filing 89 REPLY support MOTION to Certify Class # 47 filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Declaration (Redacted) Supplemental of Matthew J. Zevin, # 2 Declaration (Redacted) Supplemental of Brian J. Bergmark)(Zevin, Matthew) |
Filing 88 NOTICE of Manual Filing filed by Plaintiff Cynthia E Spann of 1) Plaintiffs Application To File Under Seal; 2) Order Granting Plaintiffs Application To File Under Seal; 3) Plaintiffs Reply Brief In Support Of Motion For Class Certification; 4) Supplemental Declaration Of Matthew J. Zevin In Support Of Plaintiffs Reply To Motion For Class Certification; 5) Supplemental Declaration Of Brian Bergmark In Support Of Plaintiffs Reply To Motion For Class Certification; 6) Plaintiffs Objections To Declarations Filed By Defendant In Opposition To Motion For Class Certification. (Zevin, Matthew) |
Filing 87 REPLY in Support of MOTION for Leave to file Third Amended Complaint # 73 filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Declaration Supplemental Declaration of Matthew J. Zevin)(Zevin, Matthew) |
Filing 86 STIPULATION to Continue Hearing Date on Motion for Class Certification and Motion for Leave to File Third Amended Complaint from July 25, 2013 to August 29, 2013 Re: MOTION to Certify Class # 47 , MOTION for Leave to file Third Amended Complaint # 73 filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Proposed Order)(Seeley, Paul) |
Filing 85 ORDER by Magistrate Judge Robert N. Block: granting # 84 Joint Application to Seal. (twdb) |
Filing 84 JOINT APPLICATION to File Under Seal regarding Plaintiff Cynthia Spann's motion to compel production of documents from defendant J.C.Penney Corporation with respect to plaintiff's requests for production nos. 15,18-21, 25, 27, 29, 32-34 and 36-38 filed by defendant, plaintiff J.C. Penny Corporation Inc, Cynthia E Spann. (twdb) |
Filing 83 SEALED DOCUMENT RE: UNREDACTED DECLARATION of Adam Tarczynski in Support of J.C. Penney Corporation, Inc.'s Opposition to Plaintiff Cynthia Spann's Motion to Compel Production of Documents From Defendant J.C. Penney Corporation with Respect to Plaintiff's Requests for Production Nos. 15,18-21,25,27,29,32-34 and 36-38. (lwag) |
Filing 82 SEALED DOCUMENT RE: DECLARATION of Matthew J. Zevin in Support of Plaintiff's Motion to Compel Production of Documents. (lwag) |
Filing 81 SEALED DOCUMENT RE: JOINT STIPULATION Regarding Plaintiff's Motion to Compel Production of Documents From Defendant J.C. Penney Corporation with Respect to Plaintiff's Requests for Productions Nos. 15,18-21,25,27,29,32-34 and 36-38. (lwag) |
Filing 80 Opposition re: MOTION for Leave to file Third Amended Complaint # 73 filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Declaration of Moe Keshavarzi In Support of JCPenney's Opposition to Motion for Leave to File Third Amended Complaint, # 2 Proposed Order Denying Plaintiff's Motion for Leave to File Third Amended Complaint)(Zinkiewicz, Heather) |
Filing 79 MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Robert N. Block regarding Plaintiffs Motion to Compel Production of Documents # 78 : Based on the Courts review of the electronically-filed redacted version of theJoint Stipulation, the parties are advised as follows: (see document attached) (klg) |
Filing 78 NOTICE OF MOTION AND MOTION to Compel Production of Documents filed by Plaintiff Cynthia E Spann. Motion set for hearing on 7/23/2013 at 09:30 AM before Magistrate Judge Robert N. Block. (Attachments: # 1 Redacted Joint Stipulation, # 2 Declaration Redacted of Matthew J. Zevin, # 3 Declaration Redacted of Adam Tarczynski, # 4 Declaration of Moe Keshavarzi, # 5 Proposed Order, # 6 Proof of Service)(Zevin, Matthew) |
Filing 77 NOTICE of Manual Filing filed by Plaintiff Cynthia E Spann of 1) Joint Application to File Under Seal Regarding Plaintiff Cynthia Spanns Motion to Compel Production of Documents; 2) Joint Stipulation Regarding Plaintiffs Motion to Compel Production of Documents; 3) Declaration of Matthew J. Zevin in Support of Plaintiffs Motion to Compel Production of Documents; 4) Unredacted Declaration of Adam Tarczynski in Support of Defendant J.C. Penney Corporation, Inc.s Opposition to Plaintiffs Motion to Compel Production of Documents; 5) [Proposed] Order Granting Joint Application to Seal. (Zevin, Matthew) |
Filing 76 NOTICE OF LODGING filed re MOTION for Leave to file Third Amended Complaint # 73 (Zevin, Matthew) |
Filing 75 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Fernando M. Olguin: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Third Amended Complaint # 74 , for the following reasons: Per Local Rule 3-2, Amended Complaints must be manually filed, only after leave from Court has been granted. (kbr) |
Filing 74 AMENDED DOCUMENT filed by Plaintiff Cynthia E Spann. Proposed Third Amended Complaint (Zevin, Matthew) |
Filing 73 NOTICE OF MOTION AND MOTION for Leave to file Third Amended Complaint filed by Plaintiff Cynthia E Spann. Motion set for hearing on 7/25/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum, # 2 Declaration of Matthew J. Zevin, # 3 Exhibit A through I, # 4 Proposed Order)(Zevin, Matthew) |
Filing 72 OPPOSITION opposition re: EXPARTE APPLICATION for Extension of Time to File Reply regarding Class Ceritification # 71 filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Declaration of Moe Keshavarzi in Support of Opposition to Plaintiff's Ex Parte to Extend Deadline, # 2 Exhibit Exhs. 1-5 to Keshavarzi Declaration, # 3 Proposed Order Denying Plaintiff's Ex Parte Application, # 4 Affidavit Proof of Service)(Keshavarzi, Moe) |
Filing 71 EXPARTE APPLICATION for Extension of Time to File Reply regarding Class Ceritification filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Memorandum, # 2 Declaration of Matthew J. Zevin, # 3 Proposed Order)(Zevin, Matthew) |
Filing 70 SEALED DOCUMENT- DECLARATION of Lorraine Hitch in Support of J.C. Penny's Opposition to Motion for Class Certification. (mat) |
Filing 69 SEALED DOCUMENT- DECLARATION of Moe Keshavarzi in Support of J.C. Penny's Opposition to Motion for Class Certification. (Attachments: Part 2)(mat) |
Filing 68 SEALED DOCUMENT- Defendant's Opposition to Motion for Class Certification. (mat) |
Filing 67 SEALED DOCUMENT- DECLARATION of Timothy J. Muris in Support of J.C. Penny's Opposition to Motion for Class Certification. (mat) |
Filing 66 SEALED DOCUMENT- DECLARATION of Jonathan Tomlin in Support of J.C. Penny's Opposition to Motion for Class Certification. (mat) |
Filing 65 SEALED DOCUMENT- DECLARATION of Adam Tarczynski in Support of J.C. Penny's Opposition to Motion for Class Certification. (mat) |
Filing 64 SEALED DOCUMENT- DECLARATION of Michelle Selva Bondieti in Support of J.C. Penny's Opposition to Motion for Class Certification. (mat) |
Filing 63 SEALED DOCUMENT- DECLARATION of Peter Sadler in Support of J.C. Penny's Opposition to Motion for Class Certification. (mat) |
Filing 62 ORDER by Judge Fernando M. Olguin: granting # 61 Application to Seal. (kbr) |
Filing 61 APPLICATION to File Under Seal Regarding J.C Penney's Opposition to Motion for Class Certification, filed by defendant J.C. Penny Corporation Inc. Lodged proposed order. (kbr) |
Filing 60 MEMORANDUM in Opposition to MOTION to Certify Class # 47 filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Declaration Redacted Decl. of Moe Keshavarzi, # 2 Declaration Redacted Decl. of Jonathan T. Tomlin, # 3 Declaration Redacted Decl. of Timothy J. Muris, # 4 Declaration Redacted Decl. of Lorriane Hitch, # 5 Declaration Redacted Decl. of Adam Tarczynski, # 6 Declaration Redacted Decl. of Michelle Selva Bondietti, # 7 Declaration Redacted Decl. of Peter Sadler, # 8 Supplement Request for Judicial Notice in Support of Opposition, # 9 Supplement Objections to Decl. of Brian J. Bergmark, # 10 Proposed Order Denying Plaintiff's Motion for Class Certification)(Keshavarzi, Moe) |
Filing 59 NOTICE of Manual Filing filed by Defendant J.C. Penny Corporation Inc of (1) Opposition to Motion for Class Certification, (2) Declaration of M. Keshavarzi, (3) Declaration of J. Tomlin, (4) Declaration of T. Muris, (5) Declaration of A. Tarczynski, (6) Declaration of L. Hitch, (7) Declaration of M. Bondietti, (8) Declaration of P. Sadler, (9) Application to File Under Seal and (10) Proposed Order re Application to File Under Seal. (Seeley, Paul) |
Filing 58 ORDER RE STIPULATION TO EXTEND PAGE LIMITS FOR OPPOSITION AND REPLY BRIEFS REGARDING MOTION FOR CLASS CERTIFICATION # 57 by Judge Fernando M. Olguin. J.C. Penney Corporation, Inc. (JCP) will be allowed to file an opposition brief to Cynthia Spann's (Plaintiffs) Motion for Class Certification (the Motion) that is up to 30 pages in length, and Plaintiff will be allowed to file a reply brief in support of the Motion that is up to 30 pages in length. (kbr) |
Filing 57 STIPULATION to Exceed Page Limitation as to for Opposition and Reply Briefs Regarding Motion for Class Certification filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Proposed Order re Stipulation to Extend Page LImits for Opposition and Reply Briefs Regarding Class Certification)(Seeley, Paul) |
Filing 56 SEALED DOCUMENT- DECLARATION of Matthew J. Zevin in Support of Plaintiff's Motion for Class Certification. (Attachments: Part 2, Part 3)(mat) |
Filing 55 SEALED DOCUMENT- MEMORANDUM of Points and Authorities in Support of Plaintiff's Motion for Class Certification. (mat) |
Filing 54 SEALED DOCUMENT- DECLARATION of Brian J. Bergmark in Support of Plaintiff's Motion for Class Certification. (mat) |
Filing 53 ORDER RE STIPULATION TO AMEND SCHEDULING ORDER TO CONTINUE TRIAL DATE AND DISCOVERY CUT-OFF DATES by Judge Fernando M. Olguin, re Stipulation to Amend # 48 . Discovery cut-off is 11/28/2013. Final Pretrial Conference set for 2/7/2014 at 10:00 AM. Jury Trial set for 2/25/2014 at 8:30 AM. (kbr) |
Filing 52 ORDER by Judge Fernando M. Olguin: granting # 51 Application to File Documents Under Seal. (kbr) |
Filing 51 APPLICATION to File Document Under Seal, filed by Plaintiff Cynthia E Spann. Lodged proposed order. (kbr) |
Filing 50 NOTICE of Manual Filing filed by Plaintiff Cynthia E Spann of Application to File Under Seal and Order; Memorandum of Points and Authorities in Support of Plaintiffs Motion for Class Certification; Declaration of Matthew J. Zevin in Support of Plaintiffs Motion for Class Certification; Declaration of Brian J. Bergmark in Support of Plaintiffs Motion for Class Certification. (Zevin, Matthew) |
Filing 49 NOTICE OF DISCREPANCY AND ORDER: by Judge Fernando M. Olguin, ORDERING Application and Order to File Under Seal submitted by Plaintiff Cynthia E Spann received on 4/12/13 is not to be filed but instead rejected. Denial based on: All documents are not listed on the Notice of Manual Filing. (kbr) |
Filing 48 STIPULATION to Amend Order,, # 43 filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Proposed Order Re Stipulation to Amend Scheduling Order to Continue Trial Date and DiscoveryCut-off Dates)(Seeley, Paul) |
Filing 47 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Cynthia E Spann. Motion set for hearing on 7/25/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum, # 2 Declaration of Matthew J. Zevin, # 3 Declaration of Cynthia E. Spann, # 4 Declaration of Brian J. Bergmark, # 5 Proposed Order, # 6 Proof of Service)(Zevin, Matthew) |
Filing 46 NOTICE of Manual Filing filed by Plaintiff Cynthia E Spann of Memorandum and Declarations with Exhibits. (Zevin, Matthew) |
Filing 45 ORDER RE STIPULATION TO EXTEND DEADLINE TO COMPLETE MEDIATION by Judge Fernando M. Olguin, re Stipulation to Continue # 44 . The deadline to complete mediation, previously set for March 20, 2013, is hereby extended to September 16, 2013. (kbr) |
Filing 44 STIPULATION to Continue Mediation Completion Deadline from March 20, 2013 to September 16, 2013 filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Proposed Order)(Seeley, Paul) |
Filing 43 ORDER by Judge Fernando M. Olguin. Pursuant to the parties' Stipulation # 42 , and good cause appearing therefore that Plaintiff shall have until 4/12/2013 to file her motion for class certification;. The remainder of the briefing schedule will remain intact, such that JCPenney shall have until 6/14/2013 to file its Opposition to Plaintiff's Motion for Class Certification; Plaintiff shall have until 7/11/2013 to file her Reply to JCPenney's Opposition, and Plaintiff will schedule the hearing date on a mutually agreeable date in July or August 2013, subject to the Courts availability. (jp) |
Filing 42 STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Proposed Order)(Zevin, Matthew) |
Filing 41 ORDER OF THE CHIEF JUDGE (#13-032) approved by Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the creation of calendar of Judge Fernando M. Olguin, this case is transferred from Judge James V. Selna to the calendar of Judge Fernando M. Olguin for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV12-00215 FMO (RNBx). (nbo) |
Filing 40 ORDER by Judge James V. Selna, GRANTING STIPULATION EXTENDING TIME TO FILE MOTION FOR CLASS CERTIFICATION AND CORRESPONDING BRIEFING SCHEDULE # 39 : Court grants the Stipulation and orders as follows: 1. Plaintiff shall have until March 28, 2013 to file her Motion for Class Certification; 2. Defendant shall have until June 14, 2013 to file its Opposition to Plaintiff's Motion for Class Certification; and 3. Plaintiff shall have until July 11, 2013 to file her Reply to Defendant's Opposition. 4. Plaintiff will schedule the hearing date on a mutually agreeable date in July or August 2013, subject to the Court's availability. (rla) |
Filing 39 Joint STIPULATION to Reschedule Class Certification Motion and Corresponding Briefing Schedule filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Proposed Order Granting Stipulation Extending Time to File Motion for Class Certification and Corresponding Briefing Schedule, # 2 Affidavit Proof of Service)(Emge, Derek) |
Filing 38 NOTICE of Change of Attorney Information for attorney David A Huch counsel for Plaintiff Cynthia E Spann. Changing address to 337 N. Vineyard Ave., 4th Floor, Ontario, CA 91764. Changing e-mail to david.a.huch@gmail.com. Filed by Plaintiff Cynthia E. Spann (Huch, David) |
Filing 37 STIPULATED PROTECTIVE ORDER by Magistrate Judge Robert N. Block GRANTED. (see attached document) # 36 (klg) |
Filing 36 STIPULATION for Protective Order filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Proposed Order Post-Rejection Protective Order)(Seeley, Paul) |
Filing 35 MINUTE ORDER IN CHAMBERS by Magistrate Judge Robert N. Block:The parties are advised that the Court declines to issue their proposed Stipulated Protective Order # 33 for the following reasons: (See document for details.) (rla) |
Filing 34 AMENDED ANSWER to Second Amended Complaint to Amended Complaint # 13 filed by Defendant J.C. Penny Corporation Inc. (Keshavarzi, Moe) |
Filing 33 Joint STIPULATION for Protective Order filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Proposed Order Stipulated Protective Order)(Keshavarzi, Moe) |
Filing 32 ORDER by Judge James V. Selna, Granting Stipulation for Extension of Time to Amend and Plaintiff's Deadline to file Motion to Strike Answer # 31 . (twdb) |
Filing 31 STIPULATION for Extension of Time to Amend filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Proposed Order Proposed Order re Stipulation to Extend Deadline to Amend Answer and Deadline to File Motion to Strike Answer)(Seeley, Paul) |
Filing 30 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/16/12 re Transcript # 29 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dg) TEXT ONLY ENTRY |
Filing 29 TRANSCRIPT for proceedings held on 7/16/2012. Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number 714-543-0870. 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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/29/2012. Redacted Transcript Deadline set for 9/8/2012. Release of Transcript Restriction set for 11/6/2012. (dg) |
Filing 28 ANSWER to Amended Complaint # 13 filed by defendant J.C. Penny Corporation Inc.(Seeley, Paul) |
Filing 27 TRANSCRIPT ORDER for date of proceedings 7/16/2012 to 7/16/2012 as to Attorney for Plaintiff Cynthia E Spann Court Reporter Sharon Seffens. Court will contact Derek Emge at derek@emgelawfirm.com with any questions regarding this order. Transcript portion requested: Other: 7/16/2012. Category: Ordinary. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Emge, Derek) |
Filing 26 ORDER by Judge James V. Selna for Jury Jury Trial, Order for Preparation for Jury Trial and Order governing Attorney & Party Conduct at Trial. (See Order for details) (db) |
Filing 25 MINUTES OF Scheduling Conference held before Judge James V. Selna. The Court sets the following dates: Discovery cut-off 7/29/2013. Final Pretrial Conference set for 10/28/2013 11:00 AM before Judge James V. Selna. Jury Trial set for 11/12/2013 08:30 AM before Judge James V. Selna.Court Reporter: Sharon Seffens. (db) |
Filing 24 MINUTES OF Motion Hearings held before Judge James V. Selna: For the foregoing reasons, both motions are DENIED # 14 # 15 ; Court Reporter: Sharon Seffens. (twdb) |
Filing 23 JOINT RULE 26(F) REPORT REPORT filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Exhibit Schedule of pretrial dates, # 2 Proof of Service)(Emge, Derek) |
Filing 22 NOTICE of Change of address by Matthew J Zevin attorney for Plaintiff Cynthia E Spann. Changing attorneys address to 225 Broadway, Suite 1350, San Diego, CA 92101. Filed by Plaintiff Cynthia E Spann. (Zevin, Matthew) |
Filing 21 REPLY support MOTION to Strike Portions of Second Amended Complaint Amended Complaint # 13 MOTION to Strike Portions of Second Amended Complaint Amended Complaint # 13 # 15 filed by Defendant J.C. Penny Corporation Inc. (Keshavarzi, Mohammad) |
Filing 20 REPLY support of Motion to Dismiss Second Amended Complaint filed by Defendant J.C. Penny Corporation Inc. (Attachments: # 1 Supplement Request for Judicial Notice in Support of Motion to Dismiss, # 2 Exhibit 5 to Supplemental Request for Judicial Notice)(Keshavarzi, Mohammad) |
Filing 19 NOTICE of Change of address by Derek J Emge attorney for Plaintiff Cynthia E Spann. Changing attorneys address to Emge & Associates, 225 Broadway, Suite 1350, San Diego, CA 92101. Filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Proof of Service)(Emge, Derek) |
Filing 18 MEMORANDUM in Opposition to MOTION to Strike Portions of Second Amended Complaint Amended Complaint # 13 MOTION to Strike Portions of Second Amended Complaint Amended Complaint # 13 # 15 filed by Plaintiff Cynthia E Spann. (Zevin, Matthew) |
Filing 17 MEMORANDUM in Opposition to MOTION to Dismiss Case Pursuant to Fed.R.Civ. Proc.12(b)(6) MOTION to Dismiss Case Pursuant to Fed.R.Civ. Proc.12(b)(6) # 14 filed by Plaintiff Cynthia E Spann. (Zevin, Matthew) |
(IN CHAMBERS) The Court, on its own motion, CONTINUES the Scheduling Conference, previously scheduled for 6/18/12 at 11:30 A.M., to 7/16/2012 at 1:30 PM before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(kt) TEXT ONLY ENTRY |
Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss Case Pursuant to Fed.R.Civ. Proc.12(b)(6) MOTION to Dismiss Case Pursuant to Fed.R.Civ. Proc.12(b)(6) # 14 , MOTION to Strike Portions of Second Amended Complaint Amended Complaint # 13 MOTION to Strike Portions of Second Amended Complaint Amended Complaint # 13 # 15 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (db) |
Filing 15 NOTICE OF MOTION AND MOTION to Strike Portions of Second Amended Complaint Amended Complaint # 13 filed by Defendant J.C. Penny Corporation Inc. Motion set for hearing on 7/16/2012 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Exhibit A to Motion to Strike Portions of Second Amended Complaint, # 2 Proposed Order Re JC Penney's Motion to Strike Portions of Second Amended Complaint)(Keshavarzi, Mohammad) |
Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed.R.Civ. Proc.12(b)(6) filed by Defendant J.C. Penny Corporation Inc. Motion set for hearing on 7/16/2012 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Exhibit A to Motion to Dismiss, # 2 Supplement Request for Judicial Notice, # 3 Exhibit Exhiibits 1 to 4 to Request for Judicial Notice, # 4 Proposed Order Re JC Penney's Motion to Dismiss)(Keshavarzi, Mohammad) |
Filing 13 SECOND AMENDED COMPLAINT against defendants Does 1 through 10, Inclusive, J.C. Penny Corporation Inc amending First Amended Complaint # 9 ; filed by plaintiff Cynthia E Spann. (rla) |
Filing 12 ORDER by Judge James V. Selna: GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT, EXTENDING TIME TO RESPOND; SETTING BRIEFING SCHEDULE; AND FOR RELIEF FROM LOCAL RULE 23-3 regarding Stipulation # 10 . IT IS ORDERED THAT: 1. Plaintiff shall have until April 23, 2012 to file a Second Amended Complaint; 2. JCPenney shall have until May 21, 2012, to respond to the Second Amended Complaint; 3. If JCPenney responds to the Second Amended Complaint by Motion(s) challenging the Second Amended Complaint, then the hearing on the Motion(s) shall be July 16, 2012, Plaintiff shall have until June 18, 2012 to file her opposition(s) papers, and JCPenney shall have until July 2, 2012 to file a reply brief; 4. In the event that JCPenney's challenges to the Second Amended Complaint do not dispose of the action, then Plaintiffs deadline to move for class certification pursuant to Local Rule 23-3 shall be continued to one hundred and fifty (150) days after JCPenney files its answer. (rla) |
Filing 11 ORDER SETTING SCHEDULING CONFERENCE for 6/18/2012 11:30 AM before Judge James V. Selna.(see document for details) (kt) Modified on 4/9/2012 (kt). |
Filing 10 STIPULATION for Leave to file second amended complaint, extend time to respond, set briefing schedule and relief from Rule 23-3 filed by Plaintiff Cynthia E Spann. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Emge, Derek) |
Filing 9 FIRST AMENDED COMPLAINT against defendants Does, J.C. Penny Corporation Inc amending Complaint - (Discovery) # 1 ,filed by plaintiff Cynthia E Spann (twdb) |
Filing 8 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA, by Judge James V. Selna. Important Notice: The Court posts tentative law and motions rulings to the internet. Please see Section P, below. (see document for details). (dro) |
Filing 7 ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 08-05 by Judge Andrew J. Guilford. Case transferred from Judge Andrew J. Guilford to the calendar of Judge James V. Selna for all further proceedings. Case number now reads as SACV12-00215 JVS (RNBx). (rrp) |
Filing 6 Initial DISCLOSURE DEFENDANT J.C. PENNEY CORPORATION, INC.'S DISCLOSURE STATEMENT filed by Defendant J.C. Penny Corporation Inc (Keshavarzi, Mohammad) |
Filing 5 STIPULATION Extending Time to Answer the complaint as to J.C. Penny Corporation Inc answer now due 3/23/2012, re Complaint - (Discovery), Complaint - (Discovery) # 1 filed by Defendant J.C. Penny Corporation Inc.(Keshavarzi, Mohammad) |
Filing 4 PROOF OF SERVICE Executed by Plaintiff Cynthia E Spann, upon Defendant J.C. Penny Corporation Inc served on 2/9/2012, answer due 3/1/2012. Service of the Summons and Complaint were executed upon CT CORPORATION, Agent for service of process served to Maria Sanchez, Process Specialist in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons returned. (Zevin, Matthew) |
Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(lwag) |
Filing 2 CERTIFICATION and Notice of Interested Parties filed by Plaintiff Cynthia E Spann. (lwag) |
Filing 1 COMPLAINT against Defendants J.C. Penny Corporation Inc and Does. Case assigned to Judge Andrew J. Guilford for all further proceedings. Discovery referred to Magistrate Judge Robert N. Block.(Filing fee $ 350 Paid). Jury Demanded. Filed by Plaintiff Cynthia E Spann.(lwag) |
21 DAY Summons Issued re Complaint - (Discovery), Complaint - (Discovery) # 1 as to Defendant J.C. Penny Corporation Inc. (lwag) |
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