Clarke v. Lindeman, et al
Plaintiff: Edward Clarke
Defendant: Michael Lindeman, Lorraine Lindeman, David Nickum, Valley Aggregate Transport, Inc. and Administration Committee for the Valley Aggregate, Inc.
Case Number: 2:2009cv03467
Filed: December 15, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Dale A. Drozd
Presiding Judge: John A. Mendez
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
January 11, 2012 Opinion or Order Filing 69 FINAL JUDGMENT signed by Judge John A. Mendez on 1/10/12 ORDERING all claims in the action DISMISSED with prejudice as set forth in the Order Certifying Class and Granting Final Approval of Class Action Settlement and Class Counsel is awarded fees and costs as set forth in the Order Granting Plaintiffs Motion for Award of Attorneys Fees and Costs. (Meuleman, A)
December 15, 2011 Opinion or Order Filing 66 ORDER signed by Judge John A. Mendez on 12/14/2011 ORDERING that the Court finds that the 55 attorneys' fees request is reasonable, and the costs and expenses incurred by Class Counsel, including costs of settlement administration are reasonable. Thus Class Counsel are awarded attorneys' fees and costs and expenses in the amount of 25 percent of the cash portion of the common fund, or $550,000, and $46,105.63 in costs and expenses incurred.(Duong, D)
September 22, 2011 Opinion or Order Filing 54 ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT, DIRECTING NOTICE TO CLASS, AND SETTING FINAL APPROVAL AND FAIRNESS HEARING signed by Judge John A. Mendez on 9/21/11. The Final Approval and Fairness Hearing is SET for 12/14/2011 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Class Counsel shall file a motion for attorney's fees and expenses no later than 9/28/11, which shall be heard at the time of the Final Approval and Fairness Hearing. Plaintiff shall file the motion for final approval of the Settlement no later than 28 days before the Final Approval and Fairness Hearing. (Kastilahn, A)
December 20, 2010 Opinion or Order Filing 47 STIPULATION and ORDER signed by Judge John A. Mendez on 12/17/10 ORDERING that the Pretrial Scheduling Order 10 is AMENDED. Deadline for completion of fact Discovery is 5/11/2011. Deadline for Disclosure of Expert Witnesses and exchange of expert r eports is 6/10/2011. Deadline for Disclosure of rebuttal expert witnesses and exchange of rebuttal expert reports is 7/12/2011. Dispositive Motion filing deadline is 8/24/2011. Hearing on dispositive motions is 9/21/11. Joint Pretrial statement due by 11/2/11. Pretrial Conference is SET for 11/9/2011 at 04:00 PM. Trial is SET for 1/9/2012 at 09:00 AM. (Mena-Sanchez, L)
October 19, 2010 Opinion or Order Filing 42 ORDER signed by Judge John A. Mendez on 10/18/10 DENYING Defts' 29 Motion to Dismiss. (Owen, K)
July 28, 2010 Opinion or Order Filing 33 STIPULATION and ORDER signed by Judge John A. Mendez on 7/27/10 ORDERING that the hearing on Defendants' MOTION to DISMISS 29 is RE-SET from 9/15/10 to 10/6/2010. (Mena-Sanchez, L)
June 16, 2010 Opinion or Order Filing 27 ORDER signed by Judge John A. Mendez on 6/15/2010 ORDERING that the Court grants Defendants David Nickum, Valley Aggregate Transport, Inc., and Administration Committee for the Valley Aggregate Transport, Inc. Employee Stock Ownership Plan's 23 Cross Motion to Strike. Nickum, VAT and the Administration's 12 Motion to Dismiss is GRANTED WITHOUT PREJUDICE. Plaintiff is ordered to file an Amended Complaint within twenty (20) days of the date of this Order. (Duong, D)
April 7, 2010 Opinion or Order Filing 16 STIPULATION and ORDER signed by Judge John A. Mendez on 4/6/10 ORDERING that pursuant to the parties' 15 Stipulation, the Motion Hearing is continued to 6/16/2010 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Owen, K)
February 11, 2010 Opinion or Order Filing 7 STIPULATION and ORDER RE EXTENSION OF TIME TO RESPOND TO THE COMPLAINT signed by Judge John A. Mendez on 2/11/10. Defendants shall file a responsive pleading on or before 2/24//10.(Mena-Sanchez, L)
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Plaintiff: Edward Clarke
Represented By: Daniel Mark Feinberg
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Defendant: Michael Lindeman
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Defendant: Lorraine Lindeman
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Defendant: David Nickum
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Defendant: Valley Aggregate Transport, Inc.
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Defendant: Administration Committee for the Valley Aggregate, Inc.
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