Martinez v. Knight Transportation, Inc.
| Martinez and Robert Martinez |
| Knight Transportation, Inc. and Knight Transportation, Inc. an Arizona corporation Doing business as Arizona Knight Transportation, Inc. |
| 1:2016cv01730 |
| November 14, 2016 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Tulare |
| Dale A Drozd |
| Sheila K Oberto |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.
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Filing 90
ORDER Vacating Hearing and GRANTING #89 Motion for Final Approval of Class Action Settlement and GRANTING #88 Motion for Attorney Fees and Costs signed by Magistrate Judge Sheila K. Oberto on 09/08/2023. CASE CLOSED. (Flores, E)
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Filing 89
MOTION Final Approval of Class Action Settlement by Robert Martinez. Motion Hearing set for 9/20/2023 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Declaration of Craig Ackermann, #2 Declaration of Settlement Administrator, #3 Exhibit A to the Decl. of Settlement Administrator, #4 Exhibit B to the Decl. of Settlement Administrator, #5 Proposed Order, #6 Exhibit 1 to the Proposed Order)(Cherniak, Ari)
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Filing 88
MOTION for ATTORNEY FEES and Costs by Robert Martinez. Motion Hearing set for 9/20/2023 at 09:30 AM before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Declaration of Craig Ackermann, #2 Exhibit 1 to the Declaration of Craig Ackermann, #3 Exhibit 2 to the Declaration of Craig Ackermann, #4 Declaration of Julian Hammond, #5 Exhibit 1 to the Declaration of Julian Hammond)(Cherniak, Ari)
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Filing 87
NOTICE DEFENDANT KNIGHT TRANSPORTATION, INC.S NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL by Knight Transportation, Inc.. (Rahm, Richard)
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Filing 86
ORDER GRANTING DEFENDANT KNIGHT TRANSPORTATION, INC.'S UNOPPOSED EX PARTE APPLICATION FOR CONTINUING THE NOTICE MAIL DATE AND RELATED DEADLINES IN THE PRELIMINARY APPROVAL ORDER. Order signed by Magistrate Judge Sheila K. Oberto on 4/26/2023. (Vue, Yee)
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Filing 85
EX PARTE APPLICATION by Knight Transportation, Inc. for Continuing the Notice Mail Date and Related Deadlines in the Preliminary Approval Order. Attorney Parti, Vani added. (Attachments: #1 Declaration of Vani Parti in Support of Unopposed Ex Parte Application, #2 Proposed Order Granting Unopposed Ex Parte Application)(Parti, Vani)
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Filing 84
ORDER VACATING HEARING AND GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. Order signed by Magistrate Judge Sheila K. Oberto on 3/24/2023. Final Approval of the Proposed Settlement is set for 9/20/2023 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Kusamura, W)
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Filing 83
NOTICE of CHANGE of ADDRESS by Craig Justin Ackermann. (Ackermann, Craig)
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Filing 82
SUPPLEMENT by Robert Martinez re #81 Order,, Set/Reset Motion Hearing,. (Attachments: #1 Exhibit A to Supplemental Brief)(Cherniak, Ari)
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Filing 81
ORDER RE:SUPPLEMENTAL BRIEFING DIRECTED TO PLAINTIFF'S RENEWED PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND CONTINUING HEARING. Order signed by Magistrate Judge Sheila K. Oberto on 2/17/2023. Motion Hearing currently set for 3/8/2023 is CONTINUED to 3/29/2023 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Kusamura, W)
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Filing 80
MOTION for Preliminary Approval of Class Action Settlement by Robert Martinez. Attorney Cherniak, Ari N. added. Motion Hearing set for 3/8/2023 at 09:30 AM before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Declaration of Craig Ackermann, #2 Exhibit A to Ackermann Declaration, #3 Exhibit B to Ackermann Declaration, #4 Exhibit C to Ackermann Declaration, #5 Exhibit D to Ackermann Declaration, #6 Declaration of Julian Hammond, #7 Declaration of Robert Martinez, #8 Proposed Order Granting Motion for Preliminary Approval)(Cherniak, Ari)
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Filing 79
ORDER DENYING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. Order signed by Magistrate Judge Sheila K. Oberto on 10/25/2022. (Kusamura, W)
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Filing 78
ORDER REASSIGNING CASE for all purposes to Magistrate Judge Sheila K. Oberto signed by District Judge Ana de Alba on 9/22/2022. New Case Number: 1:16-cv-01730-SKO. (Sant Agata, S)
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Filing 77
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Rahm, Richard)
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Filing 76
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Ackermann, Craig)
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Filing 75
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 9/19/2022: (Text Only Entry)On September 1, 2022, the parties filed a Joint Status Report indicating that they consent to the jurisdiction of the assigned magistrate for all purposes. (See [Doc. No. #74 .) Accordingly, Plaintiff(s) and Defendant(s) shall each FILE their consent form, Doc. #3 , as soon as is practicable, but in any event no later than September 23, 2022. (Kusamura, W)
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Filing 74
JOINT STATUS REPORT by Robert Martinez. (Ackermann, Craig)
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Filing 73
MINUTE ORDER signed by District Judge Ana de Alba on 8/31/2022: (Text Only Entry) This matter is set for hearing before District Judge de Alba. The parties are ordered to submit a joint status report, not to exceed five pages, within 10 court days, that addresses the following: What is the procedural history of the case? Is the motion presently before the court still at issue for the parties? Have the parties engaged in settlement negotiations whether formally or informally? If so, when? Would the parties benefit from a mandatory settlement conference before a Magistrate Judge? Would the parties benefit from a status conference with Judge de Alba? The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and although the Court will continue working diligently to resolve all pending motions, it may still be months before the parties' pending motion is resolved. As such, in light of having the heaviest district court caseload in the nation, limited Court resources, and the need to prioritize criminal and older civil matters over more recently filed actions, this Court strongly encourages the parties to consent to conduct all further proceedings before a U.S. Magistrate Judge. (Hernandez, M)
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Filing 72
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of *District Judge Ana de Alba* to the bench of the Eastern District of California, this action is reassigned from *District Judge Dale A. Drozd* to District Judge Ana de Alba for all further proceedings. (Marrujo, C)
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Filing 71
MINUTE ORDER signed by District Judge Dale A. Drozd on 11/12/2021: (Text Only Entry) The pending #70 motion for preliminary approval of class action settlement currently noticed for a hearing on 12/15/2021 before Magistrate Judge Sheila K. Oberto is VACATED and RESET for 12/21/2021 before District Judge Dale A. Drozd. The parties are advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. In accordance with Judge Drozd's Standing Order in Light of Judicial Emergency in the Eastern District of California, the hearing date will continue to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c).(Hernandez, M)
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Filing 70
MOTION for Preliminary Approval of Class Action Settlement by Robert Martinez. Motion Hearing set for 12/15/2021 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Declaration of Craig J. Ackermann in Support of Motion, #2 Exhibit A to Declaration of Craig J. Ackermann, #3 Exhibit B to Declaration of Craig J. Ackermann, #4 Exhibit C to Declaration of Craig J. Ackermann, #5 Declaration of Robert Martinez in Support of Motion, #6 Proposed Order Granting Preliminary Approval of Class Action Settlement)(Ackermann, Craig)
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Filing 69
ORDER VACATING OUTSTANDING DATES AND DEADLINES AFTER SETTLEMENT. Order signed by Magistrate Judge Sheila K. Oberto on 10/13/2021. (Kusamura, W)
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Filing 68
STIPULATION and PROPOSED ORDER for Vacating Outstanding Dates and Deadlines After Settlement by Robert Martinez. (Attachments: #1 Proposed Order)(Ackermann, Craig)
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Filing 67
ORDER RE: STIPULATION TO CONTINUE DATES IN SCHEDULING ORDER FOR 90 DAYS; Pretrial Conference currently set for 4/11/2022 is CONTINUED to 7/18/2022 at 02:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. Order signed by Magistrate Judge Sheila K. Oberto on 6/22/2021. (Kusamura, W)
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Filing 66
STIPULATION and PROPOSED ORDER for TO CONTINUE DATES IN SCHEDULING ORDER FOR 90 DAYS BASED ON FORTHCOMING NINTH CIRCUIT DECISION by Knight Transportation, Inc.. (Attachments: #1 Proposed Order)(Rahm, Richard)
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Filing 65
SCHEDULING ORDER, signed by Magistrate Judge Sheila K. Oberto on 4/29/2021. Pretrial Conference set for 4/11/2022 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Kusamura, W)
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Filing 64
MINUTE ORDER ***TEXT ENTRY ONLY*** The parties are GRANTED permission to appear telephonically for the upcoming Scheduling Conference set on 4/29/2021 before Judge Oberto by dialing 888-557-8511 (access code 6208204), at the time of the hearing. You shall email Courtroom Deputy Wendy Kusamura, at WKusamura@caed.uscourts.gov, to advise the court who will be appearing telephonically. Minute Order signed by Magistrate Judge Sheila K. Oberto on 4/26/2021. (Kusamura, W)
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Filing 63
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 4/13/2021: (Text Only Entry): Having considered the parties' stipulation (Doc. #62 ), and for GOOD CAUSE SHOWN, it is hereby ORDERED that the Scheduling Conference currently set for April 13, 2021, at 9:30 a.m. is hereby CONTINUED to April 29, 2021, at 9:45 a.m. before Magistrate Judge Sheila K. Oberto. The parties need not file an updated joint report, as the Court will rely on that previously filed.(Kusamura, W)
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Filing 62
STIPULATION and PROPOSED ORDER for JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE STATUS CONFERENCE by Knight Transportation, Inc.. (Rahm, Richard)
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Filing 61
JOINT STATUS REPORT by Robert Martinez. (Ackermann, Craig)
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Filing 60
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 3/18/2021: (Text Only Entry); In view of the parties' Joint Status Report, in which they agree that the stay in this case may be lifted (Doc. #57 ), the Court hereby LIFTS the STAY and SETS a telephonic status conference for April 13, 2021, at 9:30 A.M. Counsel shall participate by dialing 888-557-8511 (access code 6208204), at the time of the conference. The parties shall email Courtroom Deputy Wendy Kusamura, at WKusamura@caed.uscourts.gov, to advise the Court who will be appearing telephonically. By no later than seven (7) days prior to the conference, the parties shall meet and confer and file a joint status report that includes (1) a proposed schedule for the case and (2) three to four proposed dates on which a Settlement Conference (held on Tuesdays and Thursdays at 10:30 a.m.) will be set. (Kusamura, W)
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Filing 59
ORDER SUBSTITUTING ATTORNEY Richard Rahm in place of Attorney Lisa Lin Garcia signed by Magistrate Judge Sheila K. Oberto on 3/15/2021. (Lundstrom, T)
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Filing 58
NOTICE of ERRATA by Robert Martinez re #57 Status Report.. (Ackermann, Craig)
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Filing 57
JOINT STATUS REPORT by Robert Martinez. (Ackermann, Craig)
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Filing 56
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Knight Transportation, Inc.. (Rahm, Richard)
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Filing 55
JOINT STATUS REPORT by Robert Martinez. (Ackermann, Craig)
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Filing 54
MINUTE ORDER ***TEXT ENTRY ONLY*** In view of the Courts Order of October 16, 2019 Order Staying the Action (Doc. #52 ), the Court hereby VACATES the settlement conference set for June 2, 2020 before Magistrate Judge Oberto, to be later re-set if appropriate. Minute Order signed by Magistrate Judge Sheila K. Oberto on 5/11/2020. (Kusamura, W)
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Filing 53
STANDING ORDER in Light of Judicial Emergency in the Eastern District of California (Gonzales, V)
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Filing 52
ORDER STAYING ACTION signed by District Judge Dale A. Drozd on 10/15/2019. The parties shall file a joint status report within thirty (30) days of the Ninth Circuit's decision regarding the FMCSA's determination. (Jessen, A)
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Filing 51
STIPULATION and PROPOSED ORDER for Stay the Action by Knight Transportation, Inc.. (Attachments: #1 Proposed Order)(Gressel, Gal)
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Filing 50
NOTICE of APPEARANCE by Gal Gressel on behalf of Knight Transportation, Inc.. Attorney Gressel, Gal added. (Gressel, Gal)
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Filing 49
USCA ORDER. The Court, in its discretion, DENIES the Petition for Permission to Appeal the District Court's 12/3/18 Order Granting Class Action Certification. (Sant Agata, S)
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Filing 48
SCHEDULING ORDER: Provision of Class List: April 9, 2019; Notice to Class: April 24, 2019; Exclusion from Class: June 10, 2019; List of Exclusions and Members: June 17, 2019; Non-Expert Discovery: December 17, 2019; Expert Disclosures: February18, 2010; Rebuttal Expert Disclosures: March 18, 2020; Expert Discovery: April 20, 2020; Settlement Conference set for 6/2/2020 at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Pretrial Conference set for 10/19/2020 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial set for 12/8/2020 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, signed by Magistrate Judge Sheila K. Oberto on 2/8/2019. (Kusamura, W)
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Filing 47
DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Robert Martinez. (Ackermann, Craig)
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Filing 46
DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Knight Transportation, Inc.. (Cha, Kai-Ching)
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Filing 45
MINUTES (Text Only) for proceedings before Magistrate Judge Sheila K. Oberto: TELEPHONIC SCHEDULING CONFERENCE held on 2/7/2019. Order to follow. Plaintiffs Counsel Craig Ackermann present. Defendants Counsel Kai-Ching Cha present. (Kusamura, W)
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Filing 44
MINUTE ORDER: ***TEXT ENTRY ONLY*** On February 7, 2019, the Court held a scheduling conference. Craig Ackermann, Esq., appeared on behalf of Plaintiff and class members, and Kai-Ching Cha, Esq., appeared on behalf of Defendant. As discussed, the parties shall each file the pertinent form indicating consent or declination to magistrate judge jurisdiction, found online at http://www.caed.uscourts.gov/caednew/index.cfm/forms/civil/, by no later than 12:00 PM on February 8, 2019 , signed by Magistrate Judge Sheila K. Oberto on 2/6/2019. (Kusamura, W)
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Filing 43
***DISREGARD****MINUTE ORDER: ***TEXT ENTRY ONLY*** Upon reviewing the parties' confidential settlement conference statements. The Court hereby sets a Telephonic Conference Monday, February 4, 2019 @ 11:00 AM before Magistrate Judge Sheila K. Oberto. Parties are to dial 888-557-8511 (access code 6208204), 5 minutes prior to the hearing time, signed by Magistrate Judge Sheila K. Oberto on 2/1/2019. (Kusamura, W) Modified on 2/1/2019 (Kusamura, W).
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Filing 42
MINUTE ORDER: (TEXT ENTRY ONLY) The parties are encouraged to appear telephonically for the upcoming Scheduling Conference before Judge Oberto and may do so by dialing 888-557-8511 (access code 6208204), at the time of the hearing. As soon as possible you must email Courtroom Deputy Wendy Kusamura, at WKusamura@caed.uscourts.gov, to advise the court who will be appearing telephonically, signed by Magistrate Judge Sheila K. Oberto on 2/1/2019. (Kusamura, W)
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Filing 41
JOINT SCHEDULING REPORT by Knight Transportation, Inc.. (Harrington, Charles)
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Filing 40
ORDER REGARDING NOTICE OF PENDENCY OF CLASS ACTION signed by District Judge Dale A. Drozd on 12/21/2018. (Thorp, J)
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Filing 39
STIPULATION and PROPOSED ORDER for Notice of Pendency of Class Action by Robert Martinez. (Attachments: #1 Proposed Order, #2 Proof of Service)(Hammond, Julian)
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Filing 38
USCA CASE NUMBER 18-80191 (Martin-Gill, S)
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Filing 37
NOTICE of APPEARANCE by Charles Robert Harrington on behalf of Knight Transportation, Inc.. Attorney Harrington, Charles Robert added. (Harrington, Charles)
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Filing 36
MINUTE ORDER: ***TEXT ENTRY ONLY*** On July 28, 2017, the Court entered a first scheduling order setting deadlines for class certification discovery and the filing and hearing of a motion to certify a class. (Doc. #24 .) The assigned district judge granted Plaintiff's motion for class certification on December 3, 2018, and referred the matter back to the assigned magistrate judge for further proceedings. (See Doc. #35 .) Accordingly, the Court SETS a further scheduling conference on February 7, 2019, at 9:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, to set the remainder of the schedule for this case. The parties SHALL file their joint scheduling report containing their proposal for the remaining scheduling deadlines by no later than January 31, 2019, signed by Magistrate Judge Sheila K. Oberto on 12/4/2018. (Kusamura, W)
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Filing 35
ORDER GRANTING Plaintiff's #25 Motion for Class Certification signed by District Judge Dale A. Drozd on 11/30/2018. (Sant Agata, S)
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Filing 34
REPLY by Knight Transportation, Inc. to RESPONSE to #25 MOTION to CERTIFY CLASS . (Cha, Kai-Ching)
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Filing 33
TRANSCRIPT of Proceedings held on 5-30-18, Motion to Certify Class before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/25/2018. Redacted Transcript Deadline set for 7/5/2018. Release of Transcript Restriction set for 9/4/2018. (Hooven, K)
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Filing 32
TRANSCRIPT REQUEST by Knight Transportation, Inc. for proceedings held on May 30, 2018 before Judge Drozd. Court Reporter Karen Hooven. (Cha, Kai-Ching)
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Filing 31
MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 5/30/2018. #25 Motion to certify class argued; defendant may submit a five page surreply within one week; upon receipt the matter will be taken under submission and a written decision will issue. Plaintiff's Counsel Craig Ackermann telephonically present. Defendant's Counsel Richard Rahm and Kai-Ching Cha personally present. Court Reporter: Karen Hooven. (Gaumnitz, R)
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Filing 30
MINUTE ORDER: (Text Only) signed by District Judge Dale A. Drozd on 5/25/2018; the parties are encouraged to appear telephonically for the #25 motion to certify class on calendar 5/30/2018, and may do so by dialing 877-402-9757 (access code 6966236) at 9:30am. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. Use of any feature(s) that may have an impact upon the quality of voice transmission (such as speakerphones, headsets, etc.) are prohibited; use of a land line or hand held cell phone is required. At least 24 hours prior to the hearing you must email Courtroom Deputy Renee Gaumnitz, at RGaumnitz@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Gaumnitz, R)
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Filing 29
REPLY by Robert Martinez re #25 MOTION to CERTIFY CLASS . (Ackermann, Craig)
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Filing 28
OPPOSITION by Knight Transportation, Inc. to #25 MOTION to CERTIFY CLASS . (Attachments: #1 Declaration Richard Rahm, #2 Declaration Todd Cantrill, #3 Declaration Brian Cusson, #4 Declaration Sam Finney, #5 Declaration Robert Forsell, #6 Declaration Eric Gebhardt, #7 Declaration Ben Hoopiiaina, #8 Declaration Boyce Kitchen, #9 Declaration Pamela Moen, #10 Declaration Kevin Quast, #11 Declaration Taurean Turner, #12 Declaration Eric Van Orman, #13 Declaration Shannon Walls)(Cha, Kai-Ching)
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Filing 27
MINUTE ORDER: (Text Only) signed by District Judge Dale A. Drozd on 4/30/2018; Due to the court's availability, hearing on #25 motion to certify class currently set for 6/5/2018, is ADVANCED to 5/30/2018, at 9:30am in Courtroom 5 before District Judge Dale A. Drozd. Deadlines for the filing of any opposition or reply shall apply to the advanced hearing date as set out in Local Rule 230. (Gaumnitz, R)
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Filing 26
MINUTE ORDER: (Text Only) signed by District Judge Dale A. Drozd on 3/5/2018. #25 Motion to Certify Class previously set for hearing on 5/15/2018, is CONTINUED to 6/5/2018, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Gaumnitz, R)
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Filing 25
MOTION to CERTIFY CLASS by Robert Martinez. Motion Hearing set for 5/16/2018 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Declaration of Craig J. Ackermann in Support of Plaintiff's Motion for Class Certification, #2 Exhibit A to the Declaration of Craig J. Ackermann in Support of Plaintiff's Motion for Class Certification (Relevant pages from Quast Depo), #3 Exhibit B to the Declaration of Craig J. Ackermann in Support of Plaintiff's Motion for Class Certification (Quast Removal Declaration), #4 Exhibit C to the Declaration of Craig J. Ackermann in Support of Plaintiff's Motion for Class Certification (Pay Scale Benefits), #5 Exhibit D to the Declaration of Craig J. Ackermann in Support of Plaintiff's Motion for Class Certification (Pay Stub), #6 Exhibit E to the Declaration of Craig J. Ackermann in Support of Plaintiff's Motion for Class Certification (Cargo Security Policy), #7 Exhibit F to the Declaration of Craig J. Ackermann in Support of Plaintiff's Motion for Class Certification (Always/Never Summary), #8 Exhibit G to the Declaration of Craig J. Ackermann in Support of Plaintiff's Motion for Class Certification (Knight's Playbook), #9 Exhibit H to the Declaration of Craig J. Ackermann in Support of Plaintiff's Motion for Class Certification (Movement Display), #10 Exhibit I to the Declaration of Craig J. Ackermann in Support of Plaintiff's Motion for Class Certification (Quast MSJ Declaration), #11 Exhibit J to the Declaration of Craig J. Ackermann in Support of Plaintiff's Motion for Class Certification (Resp. to Special Roggs), #12 Exhibit K to the Declaration of Craig J. Ackermann in Support of Plaintiff's Motion for Class Certification (E-Log Presentation), #13 Exhibit L to the Declaration of Craig J. Ackermann in Support of Plaintiff's Motion for Class Certification (Revised Meal/Rest Break Policy), #14 Declaration of Julian Hammond in Support of Plaintiff's Motion for Class Certification, #15 Exhibit 1 to the Declaration of Julian Hammond in Support of Plaintiff's Motion for Class Certification, #16 Declaration of Robert Martinez in Support of Plaintiff's Motion for Class Certification, #17 Request for Judicial Notice in Support of Plaintiff's Motion for Class Certification, #18 Exhibit A to Request for Judicial Notice in Support of Plaintiff's Motion for Class Certification, #19 Exhibit B to Request for Judicial Notice in Support of Plaintiff's Motion for Class Certification, #20 Exhibit C to Request for Judicial Notice in Support of Plaintiff's Motion for Class Certification, #21 Proposed Order Granting Plaintiff's Motion for Class Certification)(Ackermann, Craig)
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Filing 24
FIRST SCHEDULING ORDER: Discovery Deadlines: Initial Disclosures: July 28, 2017; Class Certification Discovery: January 31, 2018. Class Certification Motion Deadline: Filing: March 2, 2018; Opposition: April 7, 2018; Reply: April 21, 2018; Hearing: May 16, 2018, at 9:30 a.m. in courtroom 5 before U.S. District Judge Dale A. Drozd. Order signed by Magistrate Judge Sheila K. Oberto on 7/27/2017. (Timken, A)
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Filing 23
MINUTES (Text Only) for proceedings before Magistrate Judge Sheila K. Oberto: TELEPHONIC SCHEDULING CONFERENCE held on 7/27/2017, in chambers and off the record. The Court to issue written order. Plaintiff's Counsel Sam Vahedi, telephonically present. Defendant's Counsel Richard Rahm, telephonically present. Court Reporter/CD Number: In Chambers. (Timken, A)
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Filing 22
NOTICE Joint Notice Requesting The Court To Set A Schedule Through A Motion For Class Certification by Knight Transportation, Inc. re 21 Minute Order,,,. (Hui, Michael)
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Filing 21
MINUTE ORDER: ***TEXT ENTRY ONLY*** On July 20, 2017, the parties filed their Joint Scheduling Report in anticipation of the scheduling conference presently set for Thursday, July 27, 2017. (Doc. 20.) The Court finds that it is not clear based on the parties' Joint Scheduling Report whether the parties request that the Court set a full schedule for this matter - including a trial date - or if the parties instead request that the Court only set a schedule through a motion for class certification. The Court therefore ORDERS the parties to file a joint notice by no later than Tuesday, July 25, 2017 stating whether the parties request that the Court set a full schedule for this case, or only a schedule through a motion for class certification. Minute order signed by Magistrate Judge Sheila K. Oberto on 7/24/2017. (Timken, A)
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Filing 20
JOINT SCHEDULING REPORT by Knight Transportation, Inc.. (Hui, Michael)
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Filing 19
ORDER DENYING #8 Motion to Change Venue, signed by District Judge Dale A. Drozd on 6/23/2017. (Kusamura, W)
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Filing 18
RESPONSE by Knight Transportation, Inc. to #17 Opposition to Motion. (Attachments: #1 Declaration of Richard H. Rahm)(Cha, Kai-Ching)
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Filing 17
OPPOSITION by Robert Martinez to #8 MOTION to CHANGE VENUE . (Ackermann, Craig)
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Filing 16
MINUTE ORDER: ***TEXT ENTRY ONLY*** Motion to Change Venue #8 currently pending before the court, the Scheduling Conference currently set for 5/23/2017, is CONTINUED to 7/27/2017, at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall file their joint scheduling report by no later than 7/20/2017. Minute order signed by Magistrate Judge Sheila K. Oberto on 5/5/2017. (Timken, A)
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Filing 15
MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 5/2/2017. #8 Motion to change venue argued; plaintiff to file supplemental letter brief no longer than five (5) pages in length by 5/9/2017; defendant's response to be filed by 5/12/2017; the matter will then be taken under submission and a written decision will issue. Plaintiff's Counsel Craig Ackermann telephonically present. Defendant's Counsel Richard Rahm personally present. Court Reporter/CD Number: Karen Hooven. (Gaumnitz, R)
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Filing 14
MINUTE ORDER: (TIME CHANGE ONLY) signed by District Judge Dale A. Drozd on 4/27/2017; The #8 motion to change venue on calendar 5/2/2017, WILL BE HEARD at 10:15 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are encouraged to appear telephonically and may do so by dialing 877-402-9757 (access code 6966236), at the time of the hearing. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. At least 24 hours prior to the hearing you must email Courtroom Deputy Renee Gaumnitz, at RGaumnitz@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Thorp, J)
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Filing 13
REPLY by Knight Transportation, Inc. to RESPONSE to #8 MOTION to CHANGE VENUE . (Attachments: #1 Declaration of Kevin Quast (Supplemental))(Cha, Kai-Ching)
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Filing 12
ORDER GRANTING Stipulation To Continue Hearing On Defendant Knight Transportation, Inc.'s Motion To Transfer Venue, signed by District Judge Dale A. Drozd on 4/7/2017. Motion To Change Venue previously set for 4/18/2017, is CONTINUED to 5/2/2017, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (The parties are directed to Local Rule 230 concerning when opposition and reply briefs are due to be filed in light of the new hearing date.)(Thorp, J)
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Filing 11
STIPULATION and PROPOSED ORDER for CONTINUING HEARING ON DEFENDANT KNIGHT TRANSPORTATION, INC.S MOTION TO TRANSFER VENUE re #8 MOTION to CHANGE VENUE by Robert Martinez. (Attachments: #1 Proposed Order RE: JOINT STIPULATION TO CONTINUE HEARING ON DEFENDANT KNIGHT TRANSPORTATION, INC.S MOTION TO TRANSFER VENUE)(Ackermann, Craig)
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Filing 10
REQUEST for JUDICIAL NOTICE by Robert Martinez in re #9 Opposition to Motion,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Ackermann, Craig)
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Filing 9
OPPOSITION by Robert Martinez to #8 MOTION to CHANGE VENUE . (Attachments: #1 Declaration OF CRAIG J. ACKERMANN IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT KNIGHT TRANSPORTATION, INC.S NOTICE OF MOTION AND MOTION TO TRANSFER VENUE)(Ackermann, Craig)
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Filing 8
MOTION to CHANGE VENUE by Knight Transportation, Inc.. Attorney Cha, Kai-Ching added. Motion Hearing set for 4/18/2017 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Points and Authorities, #2 Declaration of Kevin Quast, #3 Declaration of James Hart, #4 Proposed Order)(Cha, Kai-Ching)
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Filing 7
MINUTE ORDER: ***TEXT ENTRY ONLY*** The Court is in receipt of the parties' Joint Scheduling Report (Doc. 6), which indicates that Defendant intends to file a motion to transfer venue of this action to the United States District Court for the District of Arizona before "the end of March." Based on Defendants' representation, any motion to transfer venue SHALL be filed by no later than March 21, 2017, and heard no later than April 18, 2017, in Courtroom 5 before the Honorable Dale A. Drozd, United States District Judge.In view of Defendant's forthcoming motion to transfer venue, the Scheduling Conference currently set for 3/2/2017, is CONTINUED to 5/23/2017, at 10:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall file their joint scheduling report by no later than 5/16/2017. Minute order signed by Magistrate Judge Sheila K. Oberto on 2/24/2017. (Timken, A)
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Filing 6
JOINT SCHEDULING REPORT by Knight Transportation, Inc.. (Hui, Michael)
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Filing 5
MINUTE ORDER: ***TEXT ENTRY ONLY*** The Court shall hold a scheduling conference in this matter on March 2, 2017. In anticipation of this conference, the Court DIRECTS the parties to include in their joint scheduling report whether they waive the disqualification of the undersigned to conduct settlement conferences in this matter. See Local Rule 270(b). Minute order signed by Magistrate Judge Sheila K. Oberto on 12/19/2016. (Thorp, J)
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Filing 4
CERTIFICATE of SERVICE by Knight Transportation, Inc.. (Hui, Michael)
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Filing 3
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/2/2017 at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Marrujo, C)
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Filing 2
NOTICE of REMOVAL from Superior Court of California, County of Tulare, case number VCU267094 by Knight Transportation, Inc. d/b/a Arizona Knight Transportation, Inc.. (Filing fee $ 400, receipt number 0972-6773262) (Attachments: #1 Declaration of Kai-Ching Cha in Support of Defendant Knight Transportation, Inc.'s Notice of Removal of Civil Action to Federal Court, #2 Declaration of Kevin Quast in Support of Defendant Knight Transportation, Inc.'s Notice of Removal of Civil Action to Federal Court, #3 Request for Judicial Notice in Support of Defendant Knight Transportation, Inc.'s Notice of Removal, #4 Defendant Knight Transportation, Inc.'s Corporate Disclosure Statement and Certification of Interested Entities or Persons)(Hui, Michael)
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Filing 1
CIVIL COVER SHEET by Knight Transportation, Inc. d/b/a Arizona Knight Transportation, Inc. (Hui, Michael)
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