Lepera v. SnapMedTech, Inc.
Plaintiff: Lisa Lepera
Defendant: SnapMedTech, Inc.
Case Number: 1:2021cv00444
Filed: March 17, 2021
Court: US District Court for the Eastern District of California
Presiding Judge: Sheila K Oberto
Referring Judge: Jennifer L Thurston
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 7, 2022 Opinion or Order Filing 37 MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 10/7/2022: (Text Only Entry) This action is currently STAYED pending a ruling in the state court action Tran, et al., v. SnapMedTech, Inc.,, Los Angeles Superior Court Case No. 21STCV31264 ("Tran Action"), on whether to grant final approval of the proposed consolidated class action settlement. (See Doc. #31 .) The parties' joint status report, filed October 6, 2022, advises the Court that the final fairness hearing in the Tran Action has been set for February 27, 2023. (See Doc. #36 at 2.) Accordingly, the parties SHALL file a joint status report by no later than March 10, 2023, providing an update on the status of the settlement approval process in the Tran Action. (Kusamura, W)
October 6, 2022 Filing 36 JOINT STATUS REPORT by Lisa Lepera. (Hayes, Matthew)
September 1, 2022 Opinion or Order Filing 35 MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 9/1/2022: (Text Only Entry) This action is currently STAYED pending a ruling in the state court action Tran, et al., v. SnapMedTech, Inc.,, Los Angeles Superior Court Case No. 21STCV31264 ("Tran Action"), on whether to grant final approval of the proposed consolidated class action settlement. (See Doc. #31 .) The parties' joint status report, filed August 31, 2022, advises the Court that the preliminary approval hearing in the Tran Action has been continued to September 20, 2022. (See Doc. #34 at 2.) Accordingly, the parties SHALL file a joint status report by no later than October 14, 2022, providing an update on the status of the settlement approval process in the Tran Action. (Kusamura, W)
August 31, 2022 Filing 34 JOINT STATUS REPORT by Lisa Lepera. (Hayes, Matthew)
July 5, 2022 Opinion or Order Filing 33 MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 7/5/2022: (Text Only Entry) This action is currently STAYED pending a ruling in the state court action Tran, et al., v. SnapMedTech, Inc.,, Los Angeles Superior Court Case No. 21STCV31264 ("Tran Action"), on whether to grant final approval of the proposed consolidated class action settlement. (See Doc. #31 .) The parties' joint status report, filed July 1, 2022, advises the Court that the preliminary approval hearing in the Tran Action has been continued to August 17, 2022. (See Doc. #32 at 2.) Accordingly, the parties SHALL file a joint status report by no later than August 31, 2022, providing an update on the status of the settlement approval process in the Tran Action. (Kusamura, W)
July 1, 2022 Filing 32 JOINT STATUS REPORT by Lisa Lepera. (Hayes, Matthew)
May 20, 2022 Opinion or Order Filing 31 ORDER STAYING ACTION Pending State Court Ruling RE Approval of Consolidated Class Settlement signed by Magistrate Judge Sheila K. Oberto on 5/20/2022. (Sant Agata, S)
May 19, 2022 Filing 30 STIPULATION and PROPOSED ORDER for Stay of Action Pending State Court Ruling Re Approval of Consolidated Class Settlement by Lisa Lepera. (Attachments: #1 Proposed Order)(Hayes, Matthew)
February 28, 2022 Opinion or Order Filing 29 MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 2/28/2022: (Text Only Entry) On February 23, 2022, Plaintiff filed a Notice of Settlement, indicating that the parties have settled the matter on a class basis and requesting ninety (90) days in which to file dispositional documents. (Doc. #28 .) For good cause shown, pursuant to Local Rule 160(b), the Court GRANTS Plaintiff's request and ORDERS that, by no later than May 24, 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. (Kusamura, W)
February 23, 2022 Filing 28 NOTICE of SETTLEMENT of Putative Class and Representative Action by Lisa Lepera. Dispositional Docs due by 5/24/2022. (Hayes, Matthew)
January 25, 2022 Opinion or Order Filing 27 STANDING ORDER signed by District Judge Jennifer L. Thurston on 1/25/2022. (Lundstrom, T)
January 7, 2022 Opinion or Order Filing 26 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. (Jessen, A)
November 9, 2021 Opinion or Order Filing 25 MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 11/9/2021: (Text Only Entry) Due to the pending motion(s), the Initial Scheduling Conference currently set for 12/9/2021, is CONTINUED to 8/2/2022, at 9:45 AM, in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W)
October 28, 2021 Opinion or Order Filing 24 ORDER OF CLARIFICATION re district judge availability to hear matters in the Eastern District of California. (Flores, E)
July 14, 2021 Filing 23 REPLY by SnapMedTech, Inc. to RESPONSE to #18 Motion to Compel,. (Ebrahimi, Vana)
July 7, 2021 Filing 22 OPPOSITION by Lisa Lepera to #18 Motion to Compel,. (Pawlenko, Kye)
June 21, 2021 Opinion or Order Filing 21 MINUTE ORDER : (Text Only Entry) The parties are informed that pursuant to Local Rule 302 and the Standing Order Re Judicial Emergency [3-2], the recently-filed motion to compel arbitration #18 will be heard and decided by the undersigned. No hearing will be calendared, and the matter will be decided on the papers. The hearing date chosen by the filing party serves only to set the opposition and reply filing deadlines. A written decision will issue as soon as is practicable in light of the Court's extraordinarily heavy caseload. Minute order signed by District Judge Dale A. Drozd on 6/21/2021. (Gonzales, V)
June 21, 2021 Opinion or Order Filing 20 MINUTE ORDER: (Text Only Entry) The MOTION TO COMPEL ARBITRATION, AND DISMISS OR STAY PROCEEDING currently set for 7/07/2021 at 9:30 AM before Magistrate Judge Sheila K. Oberto is RESET for 7/07/2021 at 9:30 AM in Courtroom 4 (DAD) before Unassigned DJ. Minute order signed by District Judge Dale A. Drozd on 6/21/2021. (Gonzales, V)
June 18, 2021 Filing 19 NOTICE of ERRATA by SnapMedTech, Inc. re #18 MOTION to COMPEL Arbitration and Dismiss or Stay Proceedings .. (Ebrahimi, Vana)
June 18, 2021 Filing 18 MOTION to COMPEL Arbitration and Dismiss or Stay Proceedings by SnapMedTech, Inc.. Attorney Ebrahimi, Vana added. Motion Hearing set for 7/7/2021 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Ryan Sims, #3 Declaration of Lonnie Giamela, #4 Proposed Order)(Ebrahimi, Vana)
June 9, 2021 Opinion or Order Filing 17 STIPULATION and ORDER CONSENTING TO PLAINTIFF FILING SECOND AMENDED COMPLAINT. Order signed by Magistrate Judge Sheila K. Oberto on 6/8/2021. (Kusamura, W)
June 8, 2021 Filing 16 STIPULATION and PROPOSED ORDER for Permission to File Second Amended Complaint by Lisa Lepera. (Pawlenko, Kye)
June 8, 2021 Opinion or Order Filing 15 MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 6/8/2021: (Text Only Entry) Before the Court is the parties' Stipulation Consenting to Plaintiff Filing Second Amended Complaint (the "Stipulation"). (Doc. 32 .) Pursuant to Local Rule 143(b), stipulations are not effective unless approved by the Court, and parties are required to submit a proposed order with their stipulation. E.D. Cal. L.R. 143(b). Accordingly, the Court ORDERS the parties to file on the docket a proposed order with the Stipulation and to send an electronic version of the proposed order in Microsoft Word format to SKOorders@caed.uscourts.gov by no later than June 9, 2021. See E.D. Cal. L.R. 137(b). (Kusamura, W)
June 7, 2021 Filing 14 SECOND AMENDED COMPLAINT against SnapMedTech, Inc. by Lisa Lepera.(Pawlenko, Kye)
June 7, 2021 Filing 13 STIPULATION Consenting to Plaintiff Filing Second Amended Complaint by Lisa Lepera. (Pawlenko, Kye)
June 7, 2021 Opinion or Order Filing 12 MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 6/7/2021: (Text Only Entry) On June 7, 2021, Plaintiff filed her Second Amended Complaint. (Doc. #11 .) As Plaintiff has previously amended her complaint (see Doc. #6 ), Federal Rule of Civil Procedure 15 requires "the opposing party's written consent or the court's leave" before Plaintiff may amend her complaint a second time. See Fed. R. Civ. P. 15(a)(1), (2).Because there is no indication that Defendant has consented to the amendment, and no leave has been granted by the Court, Plaintiff is not permitted to amend her complaint at this time. Accordingly, the Second Amended Complaint (Doc. #11 ) is hereby STRICKEN from the docket, subject to being refiled in accordance with Federal Rule of Civil Procedure 15.In view of Plaintiff's intent to amend her complaint, and Defendant's intent to file a motion to compel arbitration directed to that pleading, as stated in the parties' joint scheduling report (see Doc. #9 ), the Scheduling Conference set for June 8, 2021, is hereby CONTINUED to December 9, 2021, at 9:45 A.M. before the undersigned. The parties joint scheduling report shall be filed no later than December 2, 2021. (Kusamura, W)
June 7, 2021 Filing 11 ***STRICKEN***SECOND AMENDED COMPLAINT against SnapMedTech, Inc. by Lisa Lepera.(Pawlenko, Kye)
May 17, 2021 Opinion or Order Filing 10 MINUTE ORDER ***TEXT ENTRY ONLY*** The parties are GRANTED permission to appear telephonically for the upcoming Scheduling Conference set on 6/8/2021 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 5/17/2021. (Kusamura, W)
May 14, 2021 Filing 9 JOINT SCHEDULING REPORT by Lisa Lepera. (Attachments: #1 Supplement Proposed Second Amended Complaint)(Pawlenko, Kye)
April 22, 2021 Filing 8 ANSWER by SnapMedTech, Inc..(Giamela, Lonnie)
April 21, 2021 Filing 7 ANSWER by SnapMedTech, Inc..(Giamela, Lonnie)
March 31, 2021 Filing 6 FIRST AMENDED COMPLAINT against SnapMedTech, Inc. by Lisa Lepera.(Pawlenko, Kye)
March 29, 2021 Filing 5 NOTICE of APPEARANCE by Lonnie D. Giamela on behalf of SnapMedTech, Inc.. Attorney Giamela, Lonnie D. added. (Giamela, Lonnie)
March 23, 2021 Filing 4 SUMMONS RETURNED EXECUTED: SnapMedTech, Inc. served on 3/18/2021, answer due 4/8/2021. (Pawlenko, Kye)
March 17, 2021 Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 6/8/2021 at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Order re Consent, #4 VDRP) (Rivera, O)
March 17, 2021 Filing 2 SUMMONS ISSUED as to *SnapMedTech, Inc.* with answer to complaint due within *21* days. Attorney *Kye Douglas Pawlenko* *Hayes, Pawlenko, LLP* *1414 Fair Oaks Avenue, Unit 2B* *South Pasadena, CA 91030*. (Rivera, O)
March 17, 2021 Filing 1 COMPLAINT against SnapMedTech, Inc. by Lisa Lepera. Attorney Pawlenko, Kye Douglas added. (Filing fee $ 402, receipt number 0972-9482360) (Attachments: #1 Civil Cover Sheet)(Pawlenko, Kye)

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Plaintiff: Lisa Lepera
Represented By: Kye Douglas Pawlenko
Represented By: Matthew Bryan Hayes
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Defendant: SnapMedTech, Inc.
Represented By: Lonnie D. Giamela
Represented By: Vana Ebrahimi
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