Wilson et al v. 604471 Ontario, Inc. et al
| James Wilson, Jack White and Rita White |
| 604471 Ontario, Inc. and R. Allen Reid |
| 2:2012cv00568 |
| March 5, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Gregory G. Hollows |
| Lawrence K. Karlton |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
163
ORDER signed by Chief District Judge Kimberly J. Mueller on 2/11/21 GRANTING 160 plaintiffs' motion for final approval of the class settlement and 150 motion for attorneys' fees, costs and enhancement awards. (See order for distribution of settlement funds.) All individual settlement payments shall be made within 14 days of the filed date of this order, and all other distributions shall be made within 30 days of the filed date of this order. CASE CLOSED (Kastilahn, A)
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Filing
159
ORDER signed by Chief District Judge Kimberly J. Mueller on 2/19/2020 CONTINUING deadlines as follows: Last day for parties to all disputes relating to the claim forms and provide Claims Administrator with final resolution of dispute is 3/2/2020. Las t Day for Claims Administrator to providethe Parties with a Declaration Re: Notice to the Class, Claim Forms Received, Deficiency Letters Issued, Response to Deficiency Letters, and Final Amounts to be Paid is 3/11/2020. Motion for final approval of Class Action Settlement filed by 3/27/2020. Hearing on plaintiff's Motion for Final Approval of Class Action Settlement set for 4/2/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Coll, A)
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Filing
157
ORDER CONTINUING DEADLINE TO FILE MOTION FOR FINAL APPROVAL signed by District Judge Kimberly J. Mueller on 11/21/19. Last Day for Claims Administrator to issue Deficiency Letters, 11/13/19. Last Day for Individuals to Submit Response to Deficienc y Letter 11/27/19. Last Day for Claims Administrator to Provide counsel the updated number relating to number of valid claims and amounts based on response to Deficiency Letters 12/6/19. Last Day for Parties to resolve all disputes relating to the Claim Forms and Provide Claims Administrator with final resolution of disputes 1/31/20. Last Day for Claims Administrator to provide the Parties with a Declaration Re: Notice to the Class, Claim Forms Received, Deficiency Letters Issued, Response to Deficiency Letters, and Final Amounts to be Paid 2/14/20. ( Non-Last Day for Plaintiffs to file Motion for Final Approval of Class Action Settlement 2/21/2020. Hearing on Plaintiffs' Motion for Final Approval of Class Action Settlement 4/24/20 at 10:00 a.m. (Mena-Sanchez, L)
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Filing
153
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/7/2019 CONTINUING deadline to file and serve the motion for final approval of the class action settlement to 10/18/2019 and CONTINUING the hearing on the motion for attorney's fees and the motion for final approval to 12/6/2019, at 10:00 AM, in Courtroom 3 (KJM), before District Judge Kimberly J. Mueller. (York, M)
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Filing
149
ORDER signed by District Judge Kimberly J. Mueller on 3/12/2019 GRANTING preliminary approval of the class settlement and GRANTING approval of the proposed notice to the putative class. The court APPOINTING Kurtzman Carson Consultants LLC as claims administrator.(Washington, S)
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Filing
138
ORDER signed by District Judge Kimberly J. Mueller on 8/3/2018 ORDERING that the deadline to file and serve the motion for preliminary approval of the class action settlement is CONTINUED to 8/31/2018 and the court hereby schedules a hearing on the motion for 9/21/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Washington, S)
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Filing
130
ORDER signed by District Judge Kimberly J. Mueller on 10/6/2017 ORDERING the Final Pretrial Conference CONTINUED to 2/9/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Amended or Superseding Joint Pretrial Statement due by 1/26/2018. (Washington, S)
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128
ORDER signed by District Judge Kimberly J. Mueller on 9/8/2017 CONTINUING Final Pretrial Conference to 12/8/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Amended or Superseding Joint Pretrial Statement due by 11/17/2017. (Donati, J)
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124
ORDER signed by District Judge Kimberly J. Mueller on 7/12/2017 DENYING 102 Motion for Summary Judgment and, in the alternative, for partial summary judgment. (Donati, J)
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Filing
103
ORDER signed by District Judge Kimberly J. Mueller on 9/13/16: The parties' Stipulation re Notice of Pendency of Class Action 99 is hereby GRANTED. (Kaminski, H)
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98
ORDER signed by District Judge Kimberly J. Mueller on 8/25/16 ORDERING the briefing schedule with respect to Defendant's motion for summary judgment is MODIFIED as follows: Motion due by 9/2/2016; Opposition due by 9/30/2016; Reply due by 10/21/2016; Hearing on Motion remains 11/4/16 no change required. (Washington, S)
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Filing
95
ORDER signed by District Judge Kimberly J. Mueller on 7/19/2016 ORDERING that the briefing schedule and page limitations are modified as follows: All dispositive motions must be filed no later than 8/26/2016, and heard no later than 11/4/2016. Oppos ition briefs to dispositive motions, if any, must be filed no later than 9/23/2016. Reply briefs in support of dispositive motions, if any, must be filed no later than 10/14/2016. The page limitation is increased to twenty-five pages with respect to dispositive motions and opposition briefs to dispositive motions. The page limitation is increased to fifteen pages with respect to reply briefs in support of dispositive motions. (Zignago, K.)
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Filing
93
ORDER granting 81 Motion to Certify Class, signed by District Judge Kimberly J. Mueller on 7/1/16. (Kastilahn, A)
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67
ORDER signed by Judge Lawrence K. Karlton on 5/28/14 ORDERING that the Status Conference is CONTINUED to 10/27/2014 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. The parties shall submit a Notice of Settlement in the event the matter is resolved prior to the continued Status Conference. No Joint Statement is currently due. The parties are to file a Joint Statement 14 days before the continued Status Conference hearing date. (Kastilahn, A)
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Filing
65
ORDER signed by Judge Lawrence K. Karlton on 2/20/2014 ORDERING that the Status Conference is CONTINUED to 7/28/2014 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; The parties shall submit a Notice of Settlement in the event the matter is resolved prior to the continued Status Conference; and No Joint Statement is currently due. The parties will file a Joint Statement 14 days before the continued Status Conference hearing date. (Reader, L)
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63
STIPULATION and ORDER 62 signed by Judge Lawrence K. Karlton on 12/20/13 ORDERING that the Status Conference is CONTINUED to 3/24/2014 at 02:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. The parties shall submit a Notice of Settlement in the event the matter is resolved prior to the continued Status Conference. No Joint Statement is currently due. The parties shall file a Joint Statement 14 days before the continued Status Conference hearing date. (Kastilahn, A)
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61
ORDER signed by Judge Lawrence K. Karlton on 10/29/2013 ORDERING 60 Further Status Conference set for 1/21/2014 at 03:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. The parties shall file updated status reports 14 days preceding the status conference. (Reader, L)
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57
ORDER signed by Judge Lawrence K. Karlton on 8/27/2013 ORDERING 50 Defendant Metals USA, Inc.'s motion to dismiss plaintiffs' First Amended Complaint for failure to state a claim is DENIED. The clerk of the court is DIRECTED to note that, as 604471 Ontario, Inc. has been dismissed as a defendant, this case should henceforth be entitled Wilson, et al. v. Metals USA, Inc. in the court'sCM/ECF system. (Reader, L)
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53
STIPULATION and ORDER 52 continuing hearing signed by Judge Lawrence K. Karlton on 7/8/2013. Status Conference is RE-SCHEDULED for 10/28/2013 at 2:30 PM in Courtroom 4 (LKK). Parties will file Joint Statement 14 days before Status Hearing date. (Marciel, M)
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51
ORDER signed by Judge Lawrence K. Karlton on 5/16/2013 ORDERING that, for administrative reasons, the hearing re 50 Motion to Dismiss will be CONTINUED until 8/26/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. The deadlines for filing an opposition to this motion (7/15/2013) and a reply, if any (7/22/2013), remain unchanged. (Zignago, K.)
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47
ORDER signed by Judge Lawrence K. Karlton on 4/25/2013 ORDERING 46 The court DECLINES to order the filing of a redacted document that it has had no opportunity to review. Defendant Metals USA, Inc. is DIRECTED to submit points and authorities, decl arations, and any other materials necessary to support the sealing of those exhibits it wishes to seal, and to identify in an accompanying statement those exhibits that it does not wish to seal. Defendant is to email these documents no later than 11:59 PM PDT on 5/9/2013. If plaintiff wishes to file a redacted complaint, it is DIRECTED to email the proposed redacted complaint to no later than 11:59 PM PDT on 5/9/2013. (Reader, L)
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45
STIPULATION and ORDER 43 for continuance signed by Judge Lawrence K. Karlton on 4/3/2013. Status Conference set for 7/29/2013 at 1:30 PM in Courtroom 4 (LKK). No Joint Statement is currently due. Parties will file a Joint Statement 14 days before continued Conference Hearing date. (Marciel, M)
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41
STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Gregory G. Hollows on 3/6/2013. (Zignago, K.)
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40
ORDER signed by Judge Lawrence K. Karlton on 2/19/13 ORDERING that the deadline for Plaintiffs to file an Amended Complaint is EXTENDED from 3/11/13 to 4/15/2013. (Mena-Sanchez, L)
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37
ORDER signed by Judge Lawrence K. Karlton on 1/3/13 ORDERING that the deadline for Plaintiffs to file an Amended Complaint is EXTENDED from 1/10/13 to 3/11/2013. (Mena-Sanchez, L)
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34
ORDER signed by Judge Lawrence K. Karlton on 11/26/2012 ORDERING that Plaintiffs' 11 First Amended Complaint is DISMISSED WITHOUT PREJUDICE. No later than 1/10/2013, plaintiffs may file an amended complaint that names both R. Allan Reid and 604471 Ontario, Inc. as defendants. Defendant R. Allan Reid's 22 motion to dismiss plaintiffs' First Amended Complaint is DENIED AS MOOT. (Zignago, K.)
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31
ORDER signed by Judge Lawrence K. Karlton on 10/12/12 ORDERING 1 As to Defendant R. Allan Reid's motion to dismiss plaintiffs' First Amended Complaint, plaintiffs and defendant Reid SHALL PROVIDE further briefing on the following question s: [a] Can the court exercise personal jurisdiction over an individual shareholder and officer of a corporation under an alter ego theory if the corporation itself is not a party to the action? [b] If the corporation is a necessary party, may Dura-L oc's actions be imputed to 604471 Ontario for purposes of the exercise of personal jurisdiction? Plaintiffs' brief is due within fourteen (14) days of the effective date of this order. Defendant Reid's brief, if any, is due within twen ty-eight (28) days of the effective date of this order. The parties' briefs are to be no longer than ten (10) pages each. 2 Defendant Metals USA, Inc.'s motion to dismiss plaintiffs' First Amended Complaint for failure to state a claim is GRANTED without prejudice. 3 Plaintiffs are granted leave to conduct discovery under the terms outlined above, to be supervised by the Magistrate Judge. Plaintiffs must file any amended complaint no later than ninety (90) days after entry of this order, but only if discovery provides a basis for well-pleaded allegations of successor liability against Metals USA. (Matson, R)
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Filing
30
ORDER signed by Judge Lawrence K. Karlton on 10/4/2012 ORDERING that the court hereby CONTINUES the status (pretrial scheduling) conference currently set for 10/9/2012 at 2:00 p.m. until 2/11/2013 at 1:30 p.m. The parties are directed to file a joint statement fourteen (14) days before the continued status conference hearing date. (Zignago, K.)
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24
ORDER signed by Judge Lawrence K. Karlton on 9/5/2012 ORDERING that the court hereby CONTINUES the hearing on defendant Metals USA, Inc.'s 15 motion to dismiss until 10/1/2012. Plaintiffs filed an 23 opposition to this motion to dismiss on 9/4/2012. The deadline for filing a reply, if any, to this opposition is unchanged. The deadlines for filing an opposition to defendant R. Allan Reid's 22 motion to dismiss and a reply, if any, to this opposition are also unchanged. (Zignago, K.)
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20
ORDER signed by Judge Lawrence K. Karlton on 7/23/12 re 17 Stipulation ORDERING the Status Conference is reset to 10/9/2012 at 02:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton.(Matson, R)
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16
ORDER signed by Judge Lawrence K. Karlton on 7/9/2012 ORDERING 13 that plaintiffs' Application for an order to substituted service is GRANTED; Plaintiffs may effectuate service on Defendant R. Allan Reid by delivering the summons, the first amended class action complaint, and a copy of this Order. (Reader, L)
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