Pointer v. Bank of America N.A.

Plaintiff: Ivan Dexter Pointer
Defendant: Bank of America N.A.
Case Number: 2:2014cv00525
Filed: February 21, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Carolyn K Delaney
Referring Judge: Kimberly J Mueller
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 21, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2016 Filing 59 ORDER signed by District Judge Kimberly J. Mueller on 12/20/2016 ORDERING that the court APPROVES the class settlement as follows: The court CERTIFIES the class defined; The court GRANTS #51 final approval of the settlement; The court AWARDS an incentive payment of $10,000.00 to the named plaintiff, Ivan Dexter Pointer; The court APPROVES Legal Aid Society Employment Law Center as the cy pres beneficiary; The court AWARDS administration costs in the amount of $27,244.88 to the settlement administrator Rust Consulting; The parties and the settlement administrator shall perform their respective obligations under the terms of the settlement agreement; The court APPROVES #50 attorneys' fees in the amount of $437,500.00; and The court APPROVES reimbursement of costs in the amount of $15,000.00. (Jackson, T)
October 17, 2016 Filing 58 MINUTE ORDER (Text Only) issued by Relief Courtroom Deputy J. Streeter for District Judge Kimberly J. Mueller on 10/17/2016: Having now received both parties' supplemental declarations (ECF Nos. #55 and #56 ) and stipulation (ECF No. #57 ) in response to the court's directions at hearing (ECF No. 54 ), the matter is now under submission.(Streeter, J)
October 14, 2016 Filing 57 STIPULATION re #56 Declaration, #51 MOTION for Final Approval of Settlement as to California Class re Cy Pres Designation by Ivan Dexter Pointer. (Righetti, Matthew)
October 14, 2016 Filing 56 DECLARATION of Matthew Righetti in SUPPORT OF #51 MOTION for Final Approval of Settlement as to California Class. (Righetti, Matthew)
October 14, 2016 Filing 55 DECLARATION of Regina A. Musolino in SUPPORT OF #51 MOTION for Final Approval of Settlement as to California Class. (Musolino, Regina)
October 7, 2016 Filing 54 MINUTES for MOTION HEARING held before District Judge Kimberly J. Mueller on 10/7/2016. Plaintiff's Counsel, Michael Righetti, present. Defendant's Counsel, Regina Musolino, present. The court and counsel discussed Plaintiffs' Motion and Unopposed Motion for Final Approval of Settlement as to California Class and Plaintiffs' Motion for Attorney Fees (ECF No. #50 & #51 ). As outlined by the court on the record, the parties were directed to submit additional filings within seven days; whereupon, the matters will be submitted and a formal order will issue. Court Reporter: Michelle Babbitt. (Text Only Entry) (Schultz, C)
September 6, 2016 Filing 53 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion, the hearing as to Plaintiffs' Motion for Final Approval of Settlement as to California Class and Plaintiffs' Motion for Attorney Fees (ECF Nos. #50 , #51 ) set for 9/9/2016 is VACATED and RESET for 10/7/2016 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C)
July 12, 2016 Filing 52 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion, the hearing as to Plaintiffs' Motion for Final Approval of Settlement as to California Class and Plaintiffs' Motion for Attorney Fees (ECF Nos. #50 , #51 ) set for 7/29/2016 is VACATED and RESET for 9/9/2016 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. Filing deadlines are reset as provided by Local Rule 230. (Text Only Entry) (Schultz, C)
June 30, 2016 Filing 51 MOTION for Final Approval of Settlement as to California Class by Ivan Dexter Pointer . (Attachments: #1 Declaration of Matthew Righetti, #2 Declaration of Chris Pikus, #3 Proof of Service)(Righetti, Matthew) Modified on 7/1/2016 (Jackson, T).
June 14, 2016 Filing 50 MOTION FOR ATTORNEY FEES by Ivan Dexter Pointer. Motion Hearing SET for 7/29/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Declaration of Matthew Righetti, #2 Proof of Service) (Righetti, Matthew) Modified on 6/15/2016 (Michel, G.).
March 4, 2016 Filing 49 ORDER signed by District Judge Kimberly J. Mueller on 3/4/16 ORDERING that the claims process shall be completed by 6/1/2016, by which date Rust Consulting will prepare a declaration attesting to the notice procedures and class member responses. A motion seeking approval of fees, costs, and class representative enhancement shall be filed by 6/14/2016. A motion seeking final approval shall be filed by 7/1/2016. A final approval hearing is SET for 7/29/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Kastilahn, A)
February 29, 2016 Filing 48 STIPULATION and PROPOSED ORDER for Setting Final Approval Hearing Schedule by Ivan Dexter Pointer. (Righetti, Matthew)
February 22, 2016 Filing 47 ORDER signed by District Judge Kimberly J. Mueller on 02/20/16 ORDERING that plaintiff's #38 Motion for preliminary approval of a class settlement and for provisional certification of the class is GRANTED; Righetti Glogoski, P.C. is appointed class counsel; Ivan Dexter Pointer is appointed class representative; Rust Consulting is approved as claims administrator. The proposed settlement is preliminarily approved on a class basis. Within 7 days, plaintiffs' counsel shall file a proposed order setting a final hearing schedule, which upon approval will become part of this order. (Benson, A)
February 3, 2016 Filing 46 REQUEST for Status and/or Case Management Conference by Ivan Dexter Pointer. (Righetti, Matthew)
October 15, 2015 Filing 45 DECLARATION of Matthew Righetti. (Attachments: #1 Proof of Service Proof of Service)(Righetti, Matthew)
October 1, 2015 Filing 44 ORDER signed by Judge Kimberly J. Mueller on 10/1/15 re #38 MOTION for Preliminary Approval of Settlement: IT IS ORDERED that a supplemental declaration be filed no more than 14 days after this order is filed, addressing the questions (as further contained within this order) and attaching any relevant evidence. (Meuleman, A)
September 25, 2015 Filing 43 MINUTES for MOTION HEARING held before Judge Kimberly J. Mueller on 9/25/2015. Plaintiffs' Counsel, Matthew Righetti, present. Defendant's Counsel, Regina Musolino, present by telephone. After hearing oral argument, the court took Plaintiff's Motion for Preliminary Approval of Settlement (ECF No. #38 ) under submission; a formal written order will issue. Court Reporter: Kathy Swinhart. (Text Only Entry) (Schultz, C)
September 21, 2015 Filing 42 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller GRANTING Defendant's Request for Telephonic Appearance (ECF No. #41 ); Conference call instructions will be emailed to attorney Regina A. Musolino. (Text Only Entry) (Schultz, C)
September 17, 2015 Filing 41 REQUEST FOR TELEPHONIC APPEARANCE at the Motion Hearing on #38 Motion for Preliminary Approval of Settlement by Bank of America N.A. (Attachments: #1 Proposed Order) (Musolino, Regina) Modified on 9/18/2015 (Michel, G.).
August 21, 2015 Filing 40 AMENDED MINUTE ORDER (Amending ECF No. 39) issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller: On the court's own motion, the hearing as to Plaintiff's Motion for Preliminary Approval of Settlement (ECF No. #38 ) set for 9/4/2015 is VACATED and RESET for 9/25/2015 at 10:00 AM in Courtroom 3 before Judge Kimberly J. Mueller. Filing deadlines are reset as provided by Local Rule 230. (Text Only Entry) (Schultz, C)
August 5, 2015 Filing 39 (DISREGARD; REFER TO AMENDED ENTRY AT ECF NO. 40) MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller: On the court's own motion, the hearing as to Plaintiff's Motion for Preliminary Approval of Settlement (ECF No. #38 ) set for 9/4/2015 is ADVANCED to 9/3/2015 at 10:00 AM in Courtroom 3 before Judge Kimberly J. Mueller. Filing deadlines are reset as provided by Local Rule 230. (Text Only Entry) (Schultz, C) (Modified on 8/21/2015 by C. Schultz)
August 5, 2015 Filing 38 MOTION for Preliminary Approval of Settlement by Ivan Dexter Pointer. Motion Hearing set for 9/4/2015 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: #1 Notice of Motion, #2 Declaration of Matthew Righetti, #3 Proof of Service)(Righetti, Matthew) Modified on 8/7/2015 (Zignago, K.).
July 14, 2015 Filing 37 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller: Good cause appearing, the parties' stipulated request for extension of time (ECF No. #36 ) is GRANTED. Accordingly, the deadline for Plaintiff to file a motion for preliminary approval is EXTENDED to August 5, 2015. (Text Only Entry)(Schultz, C)
July 14, 2015 Filing 36 STIPULATION and PROPOSED ORDER for Revised Preliminary Approval Filing Deadline re 35 Minute Order, by Ivan Dexter Pointer. (Righetti, Matthew) Modified on 7/14/2015 (Kaminski, H).
June 5, 2015 Filing 35 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller: Pursuant to the representations of plaintiff, the court has determined this case has settled. (See ECF No. #34 ) Dispositional documents shall be filed no later than 7/15/2015. (Text Only Entry) (Schultz, C)
May 29, 2015 Filing 34 REPORT of Preliminary Settlement following mediation by Ivan Dexter Pointer. (Righetti, Matthew) Modified on 6/3/2015 (Marciel, M)
March 16, 2015 Filing 33 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller: The status conference set for March 19, 2015 is vacated. The parties are directed to file a joint status report by June 1, 2015 informing the court of the results of the parties' May 15, 2015 mediation. If the case does not settle, the parties are directed to include in their status report a detailed proposed schedule for further scheduling of this case. (Text Only Entry)(Schultz, C)
March 16, 2015 Filing 32 CERTIFICATE of SERVICE by Ivan Dexter Pointer re #31 Request. (Righetti, Matthew)
March 16, 2015 Filing 31 REQUEST for Telephonic Appearance by Ivan Dexter Pointer. (Righetti, Matthew)
March 13, 2015 Filing 30 REQUEST for Permission to Appear at Case Management Conference by Telephone by Bank of America N.A., Bank of America National Assoc., Bank of America National Association. Attorney Musolino, Regina A added. (Attachments: #1 Proposed Order Granting Defendant's Request for Permission to Appear at Case Management Conference by Telephone)(Musolino, Regina)
March 12, 2015 Filing 29 DESIGNATION of COUNSEL FOR SERVICE., attorney Truc T. Nguyen terminated (Mandel, Michael)
March 12, 2015 Filing 28 JOINT STATUS REPORT by Bank of America N.A.. (MacMillan, Joanne)
March 6, 2015 Filing 27 NOTICE of APPEARANCE by Joanne Elizabeth MacMillan on behalf of Bank of America N.A.. Attorney MacMillan, Joanne Elizabeth added. (MacMillan, Joanne)
March 2, 2015 Filing 26 MINUTE ORDER issued by Relief Courtroom Deputy J. Streeter for Judge Kimberly J. Mueller on 03/02/2015: Good cause appearing, the parties' stipulated request to revise the class certification briefing schedule #25 is GRANTED as modified. Accordingly, the briefing schedule is reset as follows: plaintiff's motion for class certification shall be filed by 07/17/2015, defendant's opposition shall be filed thirty days thereafter, plaintiff's reply shall be filed twenty-one days after the filing of defendant's opposition. The hearing date shall be set in accordance with the court's standing order. In the event a resolution is reached at the mediation then the parties will inform the court forthwith and also schedule a hearing for necessary court approvals as required by FRCP. (Text Only Entry) (Streeter, J)
February 23, 2015 Filing 25 STIPULATION and PROPOSED ORDER for Revised Class Certification Briefing Schedule by Bank of America N.A.. (Musolino, Regina)
December 2, 2014 Filing 24 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 12/2/2014: Good cause appearing, the parties' stipulated request to revise the class certification briefing schedule #23 is GRANTED as modified. Accordingly, the briefing schedule is reset as follows: plaintiff's motion for class certification shall be filed by 3/13/2015, defendant's opposition shall be filed thirty days thereafter, plaintiff's reply shall be filed twenty-one days after the filing of defendant's opposition, and oral argument shall be heard on 5/22/2015 at 10:00 AM in Courtroom 3 before Judge Kimberly J. Mueller. (Text Only Entry)(Schultz, C)
November 25, 2014 Filing 23 STIPULATION and PROPOSED ORDER modifying the briefing schedule on the Motion for Class Certification by Bank of America N.A. (Nguyen, Truc) Modified on 11/26/2014 (Michel, G).
November 20, 2014 Filing 22 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/20/2014 GRANTING #16 Motion to Compel. Within 30 days from the date of this order, defendants shall produce responsive names, addresses and telephone numbers of class members, subject to the stipulated protective order. (Donati, J)
November 19, 2014 Filing 21 MINUTES (Text Only) for MOTION HEARING held before Magistrate Judge Carolyn K. Delaney on 11/19/2014 re #16 MOTION to Compel. Arguments presented. Matter submitted. Order to issue. Plaintiffs Counsel Matthew Righetti, appearing telephonically present. Defendants Counsel Regina Musolino present. Court Reporter/CD Number: ECRO. (Streeter, J)
November 10, 2014 Filing 20 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 11/10/2014: Because the parties have not shown good cause, the stipulation and proposed order to modify the class certification briefing schedule #19 is DENIED without prejudice to the filing of a more detailed stipulation. (Text Only Entry) (Schultz, C)
November 7, 2014 Filing 19 STIPULATION and PROPOSED ORDER for REGARDING REVISED CLASS CERTIFICATION BRIEFING SCHEDULE by Ivan Dexter Pointer. (Righetti, Matthew)
November 3, 2014 Filing 18 STATEMENT of Plaintiff and Defendant's re: Discovery Disagreement by Plaintiff Ivan Dexter Pointer re #16 MOTION to Compel. (Attachments: #1 Declaration of Matthew Righetti ISO Plaintiff's Statement, #2 Proposed Order, #3 Declaration of Regina Musolino ISO Defendant's Statement, #4 Proof of Service)(Righetti, Matthew)
October 10, 2014 Filing 17 MINUTE ORDER (Text Only) issued by Relief Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 10/10/2014: Due to a conflict on the court's calendar, hearing on plaintiff's motion to compel #16 is continued to November 19, 2014. The parties are directed to meet and confer as required under the Local Rules. Notwithstanding the provisions of Local Rule 251, the joint statement required under that Rule shall be filed no later than November 3, 2014. (Streeter, J).
October 10, 2014 Filing 16 MOTION and MEMORANDUM of Points and Authorities to Compel further responses to Plaintiff's First set of interrogatories by Ivan Dexter Pointer. Motion Hearing set for 11/5/2014 at 10:00 AM in US Magistrate Judge 501 I Street before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Declaration, #2 Proof of Service)(Righetti, Matthew) Modified on 10/15/2014 (Mena-Sanchez, L).
September 29, 2014 Filing 15 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 9/29/2014: Good cause appearing, the parties' stipulated request to revise the class certification briefing schedule #14 is GRANTED. Accordingly, the briefing schedule is reset as follows: plaintiff's motion for class certification shall be filed by 1/10/2015, defendant's opposition shall be filed by 2/10/2015, plaintiff's reply shall be filed by 3/3/2015, and oral argument shall be heard on 3/13/2015 at 10:00 AM in Courtroom 3 before Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C)
September 23, 2014 Filing 14 STIPULATION and PROPOSED ORDER to revise briefing schedule by Ivan Dexter Pointer. (Righetti, Matthew) Modified on 9/24/2014 (Manzer, C).
August 8, 2014 Filing 13 STATUS ORDER signed by Judge Kimberly J. Mueller on 8/7/2014 ORDERING Plaintiffs Motion for Class Certification is due no later than October 10, 2014; Defendants Opposition to Class Certification is due no later than November 10, 2014; Plaintiffs Reply, if any, is due no later than December 1, 2014; Hearing on the Motion for Class Certification is set for January 16, 2015, in CourtroomNo. 3 at 10:00 a.m.; A further status conference is set for March 19, 2015. The parties shall submit, at least seven days prior to the status conference, a joint status report that includes the Rule 26(f) discovery plan, with all named parties participating in the preparation and completion of the report.(Waggoner, D)
July 31, 2014 Filing 12 MINUTES for STATUS CONFERENCE held before Judge Kimberly J. Mueller on 7/31/2014. Plaintiff's Counsel, Matthew Righetti, present. Defendant's Counsel, Michael Mandel, present. The court and counsel discussed case scheduling; formal written order to issue. Court Reporter: Kathy Swinhart. (Text Only Entry) (Schultz, C)
July 1, 2014 Filing 11 JOINT SCHEDULING REPORT by Bank of America N.A.. (Mandel, Michael)
June 11, 2014 Filing 10 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 6/11/2014: In light of a scheduling conflict and on the court's own motion, the Status (Pretrial Scheduling) Conference set for 6/26/2014 is VACATED and RESET for 7/31/2014 at 2:30 PM in Courtroom 3 before Judge Kimberly J. Mueller. The parties shall file a joint status report no less than seven days before the new date for the status conference. (Text Only Entry) (Schultz, C)
June 5, 2014 Filing 9 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/5/2014 ORDERING #7 The Stipulated Protective Order shall be and hereby is APPROVED and incorporated herein by this reference as though set forth in full as an Order of the Court. (Reader, L)
June 3, 2014 Filing 8 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Regina A Musolino,Truc T. Nguyen for Bank of America N.A., attorney Sabrina Alexis Beldner and Sean Matthew Sullivan terminated (Mandel, Michael)
June 2, 2014 Filing 7 STIPULATION and PROPOSED ORDER for Stipulated Protective Order by Bank of America N.A.. (Attachments: #1 Proposed Order [Proposed] Order Approving Stipulated Protective Order)(Mandel, Michael)
February 28, 2014 Filing 6 DECLINE TO PROCEED BEFORE US MAGISTRATE JUDGE by Ivan Dexter Pointer. (Righetti, Matthew) Modified on 3/3/2014 (Michel, G).
February 28, 2014 Filing 5 CERTIFICATE OF SERVICE re #4 Civil New Case Documents by Bank of America, N.A. (Mandel, Michael) Modified on 3/3/2014 (Michel, G).
February 24, 2014 Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/26/2014 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Manzer, C)
February 21, 2014 Filing 3 STATEMENT of Rule 7.1 Corporate Disclosure by Defendant Bank of America N.A. re #1 Notice of Removal,. (Mandel, Michael)
February 21, 2014 Filing 2 DECLARATION of Joseph Bush re #1 Notice of Removal,. (Mandel, Michael)
February 21, 2014 Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2013-001558865-CU-OE-GD by Bank of America N.A.. (Filing fee $ 400, receipt number 0972-5192945) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Mandel, Michael)

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Plaintiff: Ivan Dexter Pointer
Represented By: Matthew Righetti
Represented By: John James Glugoski
Represented By: Michael C. Righetti
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Defendant: Bank of America N.A.
Represented By: Michael David Mandel
Represented By: Regina A Musolino
Represented By: Joanne Elizabeth MacMillan
Represented By: Matthew C. Kane
Represented By: Sabrina Alexis Beldner
Represented By: Sean Matthew Sullivan
Represented By: Truc T. Nguyen
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