Margarita Erguera v. CMG CIT Acquisition, LLC et al
| Margarita Erguera |
| CMG CIT Acquisition, LLC and Circharo Acquisition LLC |
| 1:2020cv01744 |
| December 8, 2020 |
| US District Court for the Eastern District of California |
| Christopher D Baker |
| Jennifer L Thurston |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 21, 2023. A more recent docket listing may be available from PACER.
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Filing 38
ORDER to SHOW CAUSE Why Sanctions Should Not be Imposed for Failure to Comply with the Court's Order, signed by District Judge Jennifer L. Thurston on 11/16/2022. Show Cause Response due by 11/21/2022. (Rivera, O)
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Filing 37
ORDER GRANTING #34 Plaintiff's Motion for Preliminary Approval of Class Settlement, signed by District Judge Jennifer L. Thurston on 11/8/2022. Final Approval and Fairness Hearing is set for 3/9/2023 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Rivera, O)
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Filing 36
MINUTE ORDER (Text Only Entry) The recently-filed motion for preliminary approval of class action settlement (Doc. #34 ) will be heard and decided by the undersigned on the papers without a hearing. The parties are informed that as a result of the judicial resource emergency described in this Court's standing order re judicial emergency, more than 100 motions remain under submission in the caseload recently re-assigned to the undersigned. Although the Court has begun the process of working through this significant backlog, it may be six or more months until the motion in this matter is resolved. The Court reiterates that the magistrate judge consent can alleviate the delay caused by the resource emergency. The parties SHALL reconsider magistrate judge consent for all purposes or only for this pending motion signed by District Judge Jennifer L. Thurston on October 18, 2022. (Munoz, I)
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Filing 35
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of Magistrate Judge Christopher D. Baker to the bench of the Eastern District of California, the court hereby reassigns this case from Bakersfield Magistrate Judge (BAK) to Magistrate Judge Christopher D. Baker for all further proceedings. (Sant Agata, S)
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Filing 34
MOTION Preliminary Approval of Class Action Settlement by Margarita Erguera. Motion Hearing set for 11/8/2022 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Points and Authorities Memorandum of Points & Authorities, #2 Appendix Compendium of Evidence in Support of Motion, #3 Exhibit 1 to Compendium of Evidence (Hayes Decl), #4 Exhibit 2 to Compendium of Evidence (Settlement), #5 Exhibit 3 to Compendium of Evidence (Plaintiff's Decl), #6 Proposed Order)(Hayes, Matthew)
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Filing 33
MINUTE ORDER (Text Only Entry). signed by Magistrate Judge Sheila K. Oberto on 8/8/2022: On August 5, 2022, the parties filed a notice of settlement, indicating that the they have settled the matter on a class basis and requesting sixty (60) days in which to file dispositional documents. (Doc. #32 .) For good cause shown, pursuant to Local Rule 160(b), the Court GRANTS the parties' request and ORDERS that, by no later than October 4, 2022, the parties shall file the motion for preliminary approval of class action settlement. All other deadlines and hearings are VACATED. Failure to comply with this order may be grounds for the imposition of sanctions on any and all counsel as well as any party or parties who cause non-compliance with this order. (Hall, S)
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Filing 32
NOTICE of SETTLEMENT and Joint Request for 60 Days to File Motion for Preliminary Approval by Margarita Erguera. Dispositional Docs due by 10/4/2022. (Hayes, Matthew)
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Filing 31
ORDER GRANTING #30 Stipulation to Extend Briefing Schedule re: Plaintiff's Motion for Class Certification, signed by Magistrate Judge Sheila K. Oberto on 3/8/2022. Opposition due by 8/8/2022. Reply due by 9/7/2022. (Hall, S)
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Filing 30
STIPULATION and PROPOSED ORDER for Defendants Time to File Opposition to Plaintiff's Motion for Class Certification by CMG CIT Acquisition, LLC, Circharo Acquisition LLC. (Attachments: #1 Proposed Order Granting Defendant's Ex Parte Application to Strike Plaintiff's Motion for Class Certification)(Reese, Kevin)
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Filing 29
STANDING ORDER signed by District Judge Jennifer L. Thurston on 1/25/2022. (Jessen, A)
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Filing 28
ORDER DENYING as Moot Defendant's #25 Ex Parte Application to Strike Plaintiff's Motion for Class Certification and Granting an Order Extending Defendant's Time to Respond to the Same signed by District Judge Jennifer L. Thurston on 01/10/2022. Sixty-Day Deadline. (Flores, E)
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Filing 27
ORDER by Chief Judge Kimberly J. Mueller: Due to the appointment of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is reassigned from *Unassigned DJ* to District Judge Jennifer L. Thurston for all further proceedings. Documents filed in this case shall continue to include the temporary magistrate judge initials *(SKO)* until such time as a new Bakersfield magistrate is appointed. (Robles, S)
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Filing 26
NOTICE OF TEMPORARY MAGISTRATE JUDGE REFERRAL: Due to the elevation of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is temporarily referred to *Magistrate Judge Sheila K. Oberto* until such time as a new Bakersfield magistrate judge is appointed. Documents filed in this case shall include the temporary magistrate judge initials *(SKO)* (Maldonado, C)
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Filing 25
EX PARTE APPLICATION by CMG CIT Acquisition, LLC for Motion to Strike Plaintiff's Motion for Class Certification. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Defendants Ex Parte Motion to Strike Plaintiffs Motion for Class Certification, #2 Declaration Declaration of Adam V. Truong in Support of Defendants Ex Parte Motion, #3 Proposed Order Proposed Order)(Truong, Adam)
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Filing 24
MOTION to CERTIFY CLASS by Margarita Erguera. Motion Hearing set for 3/1/2022 at 10:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Memorandum Memorandum of Points & Authorities, #2 Appendix Compendium of Evidence in Support of Motion, #3 Exhibit 1 to Compendium of Evidence, #4 Exhibit 2 to Compendium of Evidence, #5 Exhibit 3 to Compendium of Evidence, #6 Exhibit 4 to Compendium of Evidence, #7 Exhibit 5 to Compendium of Evidence, #8 Exhibit 6 to Compendium of Evidence, #9 Proposed Order)(Hayes, Matthew)
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Filing 23
ORDER OF CLARIFICATION re district judge availability to hear matters in the Eastern District of California. (Gonzalez, R)
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Filing 22
MINUTE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 9/23/2021: In light of the information contained in the joint status report (Doc. #21 ), the Mid-Discovery Status Conference set for 9/30/2021 is VACATED. The parties are reminded of their obligation to complete discovery within the time frames set forth in the scheduling order. (Text Only Entry) (Hall, S)
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Filing 21
JOINT STATUS REPORT by Margarita Erguera. (Hayes, Matthew)
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Filing 20
ORDER EXTENDING the Deadline for the 30(b)(6) Witness and Extending the Deadline to File Motion for Class Certification #19 , signed by Magistrate Judge Jennifer L. Thurston on 9/22/2021. (Hall, S)
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Filing 19
STIPULATION and PROPOSED ORDER for Continuance of FRCP 30(b)(6) Deposition of Defendant and Extension of Deadline to Move for Class Certification by Margarita Erguera. (Attachments: #1 Proposed Order)(Hayes, Matthew)
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Filing 18
ORDER AFTER Informal Telephone Conference, signed by Magistrate Judge Jennifer L. Thurston on 6/25/2021. (Hall, S)
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Filing 17
MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Jennifer L. Thurston: INFORMAL TELEPHONIC CONFERENCE re Discovery Dispute held off the record on 6/25/2021. Court to issue order. Plaintiffs Counsel Matthew Hayes present. Defendants Counsel Kevin Reese and Adam Truong present. (Hall, S)
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Filing 16
MINUTE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 6/23/2021: The INFORMAL TELEPHONIC CONFERENCE re Discovery Dispute, set for 6/25/2021 at 09:00 AM, is RESET for 6/25/2021 at 01:30 PM before Magistrate Judge Jennifer L. Thurston. Counsel shall appear via teleconference by dialing (888) 557-8511 and entering Access Code 1652736. (Text Only Entry) (Hall, S)
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Filing 15
MINUTE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 6/23/2021: Pursuant to the request for a discovery conference (Doc. #14 ), the Court sets an INFORMAL TELEPHONIC CONFERENCE re Discovery Dispute for 6/25/2021 at 09:00 AM before Magistrate Judge Jennifer L. Thurston. Counsel shall appear via teleconference by dialing (888) 557-8511 and entering Access Code 1652736. (Text Only Entry) (Hall, S)
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Filing 14
INFORMAL DISCOVERY DISPUTE LETTER BRIEF filed by Margarita Erguera. (Attachments: #1 Exhibit 1)(Hayes, Matthew)
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Filing 13
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. (Truong, Adam)
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Filing 12
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. (Hayes, Matthew)
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Filing 11
SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 3/5/2021. Mid-Discovery Status Conference set for 9/30/2021 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Class Certification Motion Deadlines: Filed by 10/15/2021; Response by 12/15/2021; Reply by 1/14/2022. (Hall, S)
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Filing 10
JOINT SCHEDULING REPORT by Margarita Erguera. (Attachments: #1 Supplement Joint Report Worksheet)(Hayes, Matthew)
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Filing 9
CORPORATE DISCLOSURE STATEMENT by Defendant CMG CIT Acquisition, LLC. (Truong, Adam)
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Filing 8
ANSWER by CMG CIT Acquisition, LLC. Attorney Truong, Adam Vu added.(Truong, Adam)
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Filing 7
STIPULATION re #1 Complaint to Extend Defendants' Time to File Responsive Pleading to Plaintiff's Complaint by CMG CIT Acquisition, LLC, Circharo Acquisition LLC. Attorney Reese, Kevin Durrell added. (Reese, Kevin)
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Filing 6
SUMMONS RETURNED EXECUTED: Circharo Acquisition LLC served on 12/31/2020, answer due 1/21/2021. (Hayes, Matthew)
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Filing 5
SUMMONS RETURNED EXECUTED: CMG CIT Acquisition, LLC served on 12/21/2020, answer due 1/11/2021. (Hayes, Matthew)
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Filing 4
CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 3/11/2021 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 JLT Worksheet, #2 Standing Order, #3 Standing Order re Judicial Emergency, #4 Consent, #5 VDRP) (Martin-Gill, S)
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Filing 3
SUMMONS ISSUED as to *CMG CIT Acquisition, LLC, Circharo Acquisition LLC* with answer to complaint due within *21* days. Attorney *Matthew Bryan Hayes* *Hayes Pawlenko LLP* *595 E. Colorado Blvd., Suite 303* *Pasadena, CA 91101*. (Martin-Gill, S)
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Filing 2
CIVIL COVER SHEET by Margarita Erguera (Hayes, Matthew)
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Filing 1
COMPLAINT against All Defendants by Margarita Erguera. (Filing fee $ 402, receipt number 0972-9291059) (Hayes, Matthew)
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