Lindell et al v. Synthes USA et al
Plaintiff: Troy M. Lindell and Mark Pope
Defendant: Synthes USA, Synthes USA Sales LLC and Synthes Spine Company, LP
Case Number: 1:2011cv02053
Filed: December 13, 2011
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Fresno
Presiding Judge: Barbara A. McAuliffe
Presiding Judge: Lawrence J. O'Neill
Nature of Suit: Other Labor Litigation
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
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Date Filed Document Text
December 20, 2016 Opinion or Order Filing 270 FINDINGS and RECOMMENDATIONS Granting Plaintiff's (1) MOTION for Final Approval of Class Action Settlement; and (2) MOTION for ATTORNEY FEES & Costs and Class Representative Service Award. Referred to Judge O'Neill; within fourteen (14) days of service of this recommendation, any party may filewritten objections to these findings and recommendations with the Court and serve a copy on all parties. (Doc. 266, 265). signed by Magistrate Judge Barbara A. McAuliffe on 12/20/2016. (Herman, H)
October 13, 2016 Opinion or Order Filing 261 STIPULATION and ORDER to Send Letter in Lieu of Class Notice for Non-Class Members: The Court has reviewed the parties stipulation outlined above and adopts the stipulation except that the 39 individuals identified as not part of the classes who were previously included on the class list shall have thirty (30) days to postmark a written challenge to the determination that they are not a class member. The attached Exhibit A shall be modified accordingly. The class notice approved on September 13, 2016, need not be sent to these individuals. signed by Magistrate Judge Barbara A. McAuliffe on 10/13/2016. (Herman, H)
September 21, 2016 Opinion or Order Filing 259 ORDER ADOPTING Findings and Recommendtions and GRANTING Preliminary Approval of Class Action Settlement, signed by Chief Judge Lawrence J. O'Neill on 9/20/2016. (Martin-Gill, S)
August 30, 2016 Opinion or Order Filing 251 ORDER Granting Stipulation (Doc. 250) to Continue Preliminary Approval Hearing for Class Action Settlement (Doc. 249): (1.) The Stipulation is approved; and (2.) The Preliminary Approval Hearing presently noticed for September 2, 2016 shall be continued to September 9, 2016 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 8/30/2016. (Herman, H)
August 2, 2016 Opinion or Order Filing 248 ORDER GRANTING Stipulation to Extend Deadline to Move for Preliminary Approval of Class Action Settlement (Doc. 247). Plaintiffs shall move for preliminary approval of the class action settlement in this matter by no later than August 5, 2016. signed by Magistrate Judge Barbara A. McAuliffe on 8/1/2016. (Herman, H)
May 24, 2016 Opinion or Order Filing 243 ORDER GRANTING Stipulation to Continue Trial Scheduling Conference currently set for 6/2/2016 continued to 6/16/2016 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill, signed by Chief Judge Lawrence J. O'Neill on 5/24/2016. (Valdez, E)
February 11, 2016 Opinion or Order Filing 238 ORDER Granting Stipulation (Doc. 237) to Continue Further Scheduling Conference. The SCHEDULING CONFERENCE is continued from 2/18/16 to March 1, 2016 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file their Joint Scheduling Conference Report by February 23, 2016. signed by Magistrate Judge Barbara A. McAuliffe on 2/10/2016. (Herman, H)
January 6, 2016 Opinion or Order Filing 233 MEMORANDUM DECISION and ORDER RE: Defendants' Motion to Decertify the Expense Class and the Deduction Class 209 , signed by District Judge Lawrence J. O'Neill on 1/6/16. (Hellings, J)
September 25, 2015 Opinion or Order Filing 217 ORDER Granting Defendants' Request To Seal Documents (Doc. 208 ), signed by District Judge Lawrence J. O'Neill on 9/25/2015. (Fahrney, E)
September 17, 2015 Opinion or Order Filing 206 ORDER Granting Stipulation to Revise Current Case Schedule (Doc. 205). (1) The Stipulation is approved; (2) The last day to file pretrial dispositive motions, including motions for summary judgment, shall be extended from September 23, 2015 to September 24, 2015. (3) All other dates and deadlines shall remain as set forth in this Courts August 12, 2015 Order (ECF No. 200). signed by Magistrate Judge Barbara A. McAuliffe on 9/17/2015. (Herman, H)
September 11, 2015 Opinion or Order Filing 204 ORDER GRANTING Defendants' Ex Parte Application for an Order Enlarging the Page Limits for Defendants' Brief in Support of Their Motion for Summary Judgment and Brief in Support of Their Motion to Decertify Expense Class and Deduction Class; and Enlarging Plaintiff's Page Limits, signed by District Judge Lawrence J. O'Neill on 9/10/2015. (Marrujo, C)
August 12, 2015 Opinion or Order Filing 200 ORDER Granting Stipulation (Doc. 197) to Revise Current Case Schedule. (1) The expert discovery deadline is extended from August 21, 2015, to September 16, 2015; (2) To accommodate mediation scheduled for October 30, 2015, the last day to file pret rial dispositive motions, including motions for summary judgment, shall be extended from August 28, 2015, to September 23, 2015. Oppositions to any such motions shall be filed on or before October 21, 2015. Replies, if necessary following mediation, shall be filed on or before November 20, 2015; and (3) The hearing date for all pretrial dispositive motions, including motions for summary judgment, shall be December 10, 2015, at 8:30 a.m. in Department 4 (LJO) before United States District Court Judge Lawrence J. ONeill. signed by Magistrate Judge Barbara A. McAuliffe on 8/11/2015. (Herman, H)
May 12, 2015 Opinion or Order Filing 193 STIPULATION and ORDER re Case Deadlines and Schedule. (1) By May 5, 2015, Defendants shall produce a privilege log; (2) By May 6, 2015, Defendants shall provide deposition availability during the last two weeks of May for witnesses Steve Wilkin and D avid Wholey; (3) By May 7, 2015, Defendants shall provide substantive responses to Plaintiffs request for electronic expense data related to Healthcare Professional expenses incurred by full commission Sales Consultants and electronic deduction data related to Accounts Receivable deductions, including stating whether it will produce the requested data and by what deadlines; (4) By May 8, 2015, Defendants shall produce 2014 end-of-year wage statements; (5) By May 12, 2015, Defendants shall comple te and serve supplemental written responses to all discovery requests. Defendants state that as of May 11, 2015, they have complied with paragraphs one to five above, which materials Plaintiff is in the process of reviewing. (6) By May 29, Defendants shall produce all other outstanding documents, including electronic emails; (7) The fact discovery cut-off shall be extended from May 5, 2015 to June 29, 2015; (8) The expert disclosure deadline shall be extended from May 8, 2015 to July 10, 2015; (9) The supplemental expert disclosure deadline shall be extended from June 5, 2015 to July 22, 2015; (10) The expert discovery cut-off shall be extended from June 22, 2015 to August 21, 2015; and (11) The last day to file pretrial motions, including motions for summary judgment, shall be extended from July 15, 2015 to August 28, 2015. Any opposition is due three weeks after the filing. The reply is due two weeks after the opposition. signed by Magistrate Judge Barbara A. McAuliffe on 5/12/2015. (Herman, H)
March 18, 2015 Opinion or Order Filing 186 ORDER Granting Stipulation re: Informal Discovery Resolution Conference and Discovery Deadlines. (1) The Stipulation is approved and resolves the Motion to Compel filed on February 13, 2015 (Doc. 178); (2) The informal discovery telephone conferen ce with the Court set for March 19, 2015 at 10:00am shall be taken off calendar; (3). The fact discovery cut-off shall be extended from April 14, 2015 to May 5, 2015; (4) The expert disclosure deadline shall be extended from April 15, 2015 to May 8, 2015; and (5) The supplemental expert disclosure deadline shall be extended from May 14, 2015 to June 5, 2015; (6) The parties are advised that notwithstanding the above modifications, the deadlines for the filing of pretrial motions including motions for summary judgment remains as July 15, 2015 as previously ordered on January 27, 2015. (Doc. 169). Any opposition is due three weeks after the filing. The reply is due two weeks after the opposition. See, Doc. 154. signed by Magistrate Judge Barbara A. McAuliffe on 3/18/2015. (Herman, H)
March 16, 2015 Opinion or Order Filing 183 STIPULATION and ORDER Re Plaintiff Lindell's Motion to Compel Production of Documents and Further Responses to Interrogatories (Doc. 178 ), Signed by Magistrate Judge Barbara A. McAuliffe on 3/16/2015. The Stipulation is approved. The parties shall submit their two-page summary of the items which remain in dispute no later than 4:00 p.m. on Tuesday, March 17, 2015. (Arellano, S.)
March 2, 2015 Opinion or Order Filing 181 ORDER Granting Stipulation (Doc. 180) to Continue Hearing on Plaintiff's Lindell's Motion to Compel Production of Documents and Further Responses to Interrogatories; and to Extend Discovery Cut-Offs by two week. (1) Plaintiff Lindells Mot ion to Compel (Doc. 178) HEARING is continued from March 3, 2015 at 3:00 p.m. to March 20, 2015 at 2:00 PM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe; (2) The fact discovery cut-off shall be extended from March 31 , 2015 to April 14, 2015; (3) The expert disclosure deadline shall be extended from April 1, 2015 to April 15, 2015; (4) The supplemental expert disclosure deadline shall be extended from April 30, 2015 to May 14, 2015; (5) The expert discovery cutoff shall be extended from June 8, 2015 to June 22, 2015. signed by Magistrate Judge Barbara A. McAuliffe on 3/2/2015. (Herman, H)
February 12, 2015 Opinion or Order Filing 176 STIPULATION and ORDER re: Withdrawal of Plaintiff's Motion to Compel (Doc. 170): hearing of 2/20/2015 before Judge McAuliffe is OFF Calendar. signed by Magistrate Judge Barbara A. McAuliffe on 2/12/2015. (Herman, H)
January 27, 2015 Opinion or Order Filing 169 ORDER Granting Stipulation (Doc. 168) to Revise Current Case Schedule. (1) The Stipulation is approved; (2) The Court enters the following revised dates: Non-Expert Discovery Cutoff: March 31, 2015; Expert Disclosure Deadline: April 1, 2015; S upplemental Expert Disclosure Deadline: April 30, 2015; Expert Discovery Cutoff: June 8, 2015; Pretrial Motion Filing Deadline: July 15. 2015; Summary Judgment Filing Deadline: July 15, 2015. signed by Magistrate Judge Barbara A. McAuliffe on 1/27/2015. (Herman, H)
May 6, 2014 Opinion or Order Filing 149 ORDER Adopting Findings and Recommendations 139 Granting Class Certification 87 , signed by District Judge Lawrence J. O'Neill on 5/6/14. Scheduling Conference set for 6/3/2014 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Verduzco, M)
March 4, 2014 Opinion or Order Filing 139 FINDINGS and RECOMMENDATIONS Granting Plaintiff's Motion for Class Certification; ORDER Denying Plaintiff's Motion to Strike. Referred to Judge O'Neill; Objections due within 15 days of service of this recommendation. signed by Magistrate Judge Barbara A. McAuliffe on 3/4/2014. (Herman, H)
February 12, 2014 Opinion or Order Filing 137 ORDER GRANTING defendants' Motion to Continue the Hearing on Plaintiff's Motion for Class Certification, document 131 . The hearing on plaintiff's Motion for Class Certification, document 87 , is CONTINUED to 2/24/2014 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Order signed by Magistrate Judge Barbara A. McAuliffe on 2/12/2014. (Rooney, M)
January 8, 2014 Opinion or Order Filing 128 ORDER GRANTING Stipulation (Doc. 127) to Continue Hearing on Motion for Class Certification: RESET Hearings for Plaintiff's 87 MOTION for Certify Class AND Defendants' 120 MOTION to Strike: MOTIONS HEARING is continued from 1/17 /2014 to February 14, 2014 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Plaintiffs opposition to Motion Strike by 1/31/2014. Defendants reply by 2/7/2014. signed by Magistrate Judge Barbara A. McAuliffe on 1/8/2014. (Herman, H)
December 2, 2013 Opinion or Order Filing 125 ORDER GRANTING Plaintiff's Request to Seal documents, signed by Magistrate Judge Barbara A. McAuliffe on 12/2/2013. (Kusamura, W)
November 7, 2013 Opinion or Order Filing 118 ORDER Granting Defendants' Request To Seal Documents (Doc. 114 ), signed by Magistrate Judge Barbara A. McAuliffe on 11/6/2013. (Fahrney, E)
October 31, 2013 Opinion or Order Filing 111 ORDER STRIKING Defendants' Opposition to Plaintiff's Motion for Class Certification (Doc. 102) MODIFYING Briefing Schedule on Class Certification. (1) Defendants Request to file an overlength brief (Doc. 106, 108) is DENIED;(2) Defendants Opposition TO Plaintiffs Motion for Class Certification (Doc. 102) is STRICKEN; (3) Defendants Request to Seal Documents (Doc. 104) is DENIED as moot. Concerning the briefing and hearing schedule on Plaintiffs Motion for Class Certification, the Court FURTHER ORDERS the following: (1) Defendants opposition to Plaintiffs Motion for Class Certification shall be filed on or before November 5, 2013. Defendants Opposition shall not exceed thirty (30) pages. (2)Plaintiffs Reply shall be file d on or before November 25, 2013. Plaintiffs Reply shall not exceed fifteen (15) pages. (3)The December 20, 2013 hearing on Plaintiffs Motion for Class Certification is VACATED and CONTINUED to January 17, 2014, at 9:00 a.m., in Courtroom 8, before United States Magistrate Judge Barbara A. McAuliffe. Failure to strictly comply with the terms of this Order will result in the imposition of sanctions. signed by Magistrate Judge Barbara A. McAuliffe on 10/31/2013. (Herman, H)
October 25, 2013 Opinion or Order Filing 100 ORDER MODIFYING Briefing Schedule for Class Certification: 1) Defendants' Opposition to Plaintiff's Motion for Class Certification shall be filed on or before October 29, 2013 by 10:00 a.m.; 2) Plaintiff's Replies shall be fi led on or before November 15, 2013; 3) Plaintiff's Motion for Class Certification Hearing set for December 20, 2013 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 10/25/2013. (Herman, H)
October 11, 2013 Opinion or Order Filing 96 ORDER GRANTING Plaintiff's 95 Request to Seal Documents, signed by Magistrate Judge Barbara A. McAuliffe on 10/11/2013. (Marrujo, C)
August 26, 2013 Opinion or Order Filing 86 ORDER MODIFYING Briefing Schedule on Class Certification: Class Certification Motion filing deadline by 9/20/2013; Defendants' Oppostion by 10/25/2013; Plaintiffs' Reply by 11/8/2013. Plaintiffs' Motion for Class Cerfication HEARING set for November 22, 2013 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 8/26/2013. (Herman, H)
July 3, 2013 Opinion or Order Filing 84 ORDER Granting Stipulation to Extend Deadline For Production Set Forth in June 18, 2013 Order Granting in Part and Denying in Part Plaintiff's Motion to Compel, and to Revise Current Case Scheule, signed by Magistrate Judge Stanley A Boone on 7/ 3/2013. (Revised Case Schedule; Class Certification Motion Filing Deadline: 8/30/2013, Date for Opposition: 10/4/2013, Date for Reply: 10/18/2013, and Class Certification Motion Hearing set for 11/1/2013, at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.) (Gaumnitz, R)
June 18, 2013 Opinion or Order Filing 82 ORDER Granting in Part and Denying in Part Plaintiff's 69 Motion to Compel, signed by Magistrate Judge Barbara A. McAuliffe on 6/18/2013. (Herman, H)
June 5, 2013 Opinion or Order Filing 78 STIPULATION and ORDER to Continue Plaintiff's Motion to Compel Production of Documents and Further Responses to Interrogatories 69 : RESET Hearing re MOTION to COMPEL - is continued from 6/7/2013 to June 14, 2013 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 6/4/2013. (Herman, H)
April 30, 2013 Opinion or Order Filing 72 ORDER Granting Stipulation 71 to Continue Hearing on Plaintiff Lindell's Motion to Compel Production of Documents and Further Responses to Interrogatories 69 : hearing continued from 5/10/2013 to May 17, 2013 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 4/30/2013. (Herman, H)
February 4, 2013 Opinion or Order Filing 68 Stipulated PROTECTIVE ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 2/1/2013. (Herman, H)
November 15, 2012 Opinion or Order Filing 63 STIPULATION and ORDER Amending Scheduling Order: (1) Plaintiff's Notice of Motion to Compel (Doc. 61) is WITHDRAWN (hearing was 11/16/12); (2) Revised dates for class certification only - Non Expert Discovery by 3/18/2013. Expert Disclosures by 5/13/2013. Rebuttal Expert Disclosures by 5/27/2013. Expert Discovery by 6/24/2013. Class Certification Motion filed by 7/26/2013. Opposition/Response by 8/30/2013. Replies by 9/13/2013. Class Certification/Motion Hearing set for 9/27/2013 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 11/14/2012. (Herman, H)
August 6, 2012 Opinion or Order Filing 57 Preliminary Scheduling ORDER: Non-Expert Discovery by 1/18/2013. Expert Disclosures by 4/12/2013. Rebuttal Expert Disclosures by 4/26/2013. Expert Discovery by 5/24/2013. Class Certification Motion Filing Deadline: 6/27/2013. Date for Opposition by 7/30/2013. Date for Reply by 8/14/2013. Class Certification Hearing set for 8/30/2013 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 8/3/2012. (Herman, H)
June 29, 2012 Opinion or Order Filing 54 ORDER GRANTING 53 Stipulation to Continue Initial Scheudling Conference, signed by Magistrate Judge Barbara A. McAuliffe on 6/29/2012. (Initial Scheduling Conference previously set for 7/16/2012 has been CONTINUED to 7/31/2012 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Joint Scheduling Conference Report to be filed by 7/24/2012.)(Gaumnitz, R)
June 18, 2012 Opinion or Order Filing 50 ORDER Dismissing Mark Pope, With Prejudice, As A Plaintiff And As A Member Of The Putative Class, signed by District Judge Lawrence J. O'Neill on 6/18/2012. Mark Pope and Mark Pope terminated. (Fahrney, E)
May 10, 2012 Opinion or Order Filing 48 ORDER to STAY Action and to Set Status Conference: (1) STAYS 35 this action until the final determination of the bankruptcy proceeding in the US Bankruptcy Court for ED of CA; (2) DIRECTS Plaintiffs Troy Lindell and Mark Pope to inform the Court of the Bankruptcy Court's decision when it is rendered; (3) VACATES the Scheduling Conference SET for June 25, 2012 at 8:30 a.m. in Dept. 8 (BAM); and 4) SETS a Status Conferene for July 16, 2012 at 9:30 AM in Courtroom 8 (BAM) before Magis trate Judge Barbara A. McAuliffe. Counsel are encouraged to appear at the status conference by telephone by arranging a one-line conference call and adding the Court at (559) 499-5789. signed by Magistrate Judge Barbara A. McAuliffe on 5/10/2012. (Herman, H)
May 2, 2012 Opinion or Order Filing 44 ORDER Granting Defendants' Ex Parte Application For An Order To Seal CM/ECF Document ( 36 ), signed by Magistrate Judge Barbara A. McAuliffe on 5/1/2012. (Fahrney, E)
April 19, 2012 Opinion or Order Filing 41 ORDER GRANTING STIPULATION to Extend Time to Respond to Defendants' Counterclaims to Plaintiffs' First Amended Class Action Complaint Pursuant to Local Rule 144, signed by Magistrate Judge Dennis L. Beck on 4/19/2012. ( Responses due by 5/3/2012) (Figueroa, O)
March 9, 2012 Opinion or Order Filing 29 ORDER Granting Stipulation to Extend Time to Respond to First Amended Class Action Complaint Pursuant to Local Rule 144: Defendants answer or otherwise respond to Plaintiffs' First Amended Class Action Complaint by 3/29/2012. signed by Magistrate Judge Barbara A. McAuliffe on 3/9/2012. (Herman, H)
March 1, 2012 Opinion or Order Filing 25 ORDER to VACATE Hearing re 16 Motion to Dismiss, signed by District Judge Lawrence J. O'Neill on 2/29/2012. (Marrujo, C)
January 10, 2012 Opinion or Order Filing 11 ORDER Granting Stipulation 10 to Extend Time to Respond to Initial Complaint: Defendants Synthes USA, Synthes USA Sales LLC and Synthes Spine Company LP have until 2/6/2012 to answer or otherwise respond to Plaintiff's complaint. signed by Magistrate Judge Barbara A. McAuliffe on 1/10/2012. (Herman, H)
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Search for this case: Lindell et al v. Synthes USA et al
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Plaintiff: Troy M. Lindell
Represented By: Charles Trudrung Taylor
Represented By: Catha Worthman
Represented By: Ana I. de Alba
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Plaintiff: Mark Pope
Represented By: Charles Trudrung Taylor
Represented By: Catha Worthman
Represented By: Ana I. de Alba
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Defendant: Synthes USA
Represented By: Howard Michael Knee
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Defendant: Synthes USA Sales LLC
Represented By: Howard Michael Knee
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Defendant: Synthes Spine Company, LP
Represented By: Howard Michael Knee
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