Davenport v. The Wendy's Company et al
Plaintiff: Mitch Davenport
Defendant: The Wendy's Company, Wendy's Restaurants LLC and Wendy's International, Inc.
Case Number: 2:2014cv00931
Filed: April 15, 2014
Court: U.S. 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: Other Labor Litigation
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
September 1, 2016 Opinion or Order Filing 103 ORDER signed by District Judge John A. Mendez on 8/31/16 ORDERING that this action is DISMISSED with prejudice. Each party shall bear its own costs, including attorneys' fees, with no admission of liability by any party. CASE CLOSED (Kastilahn, A)
June 24, 2016 Opinion or Order Filing 100 STIPULATION and ORDER signed by District Judge John A. Mendez on 6/23/16 ORDERING that All deadlines in this matter are hereby stayed while the Parties finalize the Parties' settlement; The Parties shall submit all documents necessary to effectuate dismissal on or before 9/19/16; In the event the Parties fail to file all documents necessary to effectuate dismissal by 9/19/16, the Court will set a hearing to determine the status of the settlement. (Mena-Sanchez, L)
November 10, 2015 Opinion or Order Filing 89 ORDER signed by Judge John A. Mendez on 11/9/2015 ORDERING 88 Plaintiff's Motion to Certify Class 45 is hereby DENIED for the reasons stated on the record at the 10/21/2015 hearing [ 85 ]; including that Plaintiff failed to establish predomi nance and superiority as required under Fed. Rule. Civ. Proc. 23; Plaintiff's Motion to Strike Declarations Obtained by Defendant from Putative Class Members 74 is hereby DENIED for the reasons stated on the record at the 10/21/2015 hearing. (Reader, L)
September 11, 2015 Opinion or Order Filing 80 STIPULATION and ORDER signed by Judge John A. Mendez on 09/11/15 ORDERING that the hearings on plaintiff's 45 Motion to Certify Class and 74 Motion to Strike are CONTINUED to 10/21/2015 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Plaintiff's reply on the 45 Motion for Class Certification remains due 09/16/15; defendants' oppositon to the 74 Motion to Strike is due 09/29/15; plaintiffs response to evidentiary objections on the 45 Motion for Class Certification is due 10/07/15 and plaintiff's Reply on the 74 Motion to Strike is due 10/14/15. (Benson, A)
August 17, 2015 Opinion or Order Filing 70 ORDER signed by Magistrate Judge Dale A. Drozd on 8/17/2015 ORDERING Defendants' 48 request to seal, as modified, is GRANTED; Defendants shall contact the Clerk of the Court to submit the documents to be filed under seal; and Defendants' 49 motion for an order confirming confidential status is GRANTED. (Reader, L)
April 6, 2015 Opinion or Order Filing 44 ORDER signed by Judge John A. Mendez on 4/6/15: The deadline for Plaintiff to file and serve file and serve his Motion for Class Certification shall be extended from April 23, 2015 to May 29, 2015. Defendant's Opposition to Plaintiff' s Motion for Class Certification must be filed on or before July 24, 2015. Plaintiff's Reply in support of his Motion for Class Certification must be filed on or before August 21, 2015. The Hearing on Plaintiff's Motion for Class Certification shall take place on September 2, 2015 at 9:30 a.m.. (Kaminski, H)
January 13, 2015 Opinion or Order Filing 42 ORDER signed by Judge John A. Mendez on 1/12/2015 ORDERING that the deadline for Plaintiff to file and serve his Motion for Class Certification is EXTENDED from 3/19/2015 to 4/23/2015. Defendant's Opposition must be filed on or before 6/15/2015. Plaintiff's Reply must be filed on or before 7/28/2015. The Hearing on Plaintiff's Motion shall take place on 8/19/2015 at 9:30 a.m. (Zignago, K.)
September 25, 2014 Opinion or Order Filing 35 ORDER signed by Magistrate Judge Dale A. Drozd on 9/24/14 GRANTING 22 MOTION to COMPEL; defendant shall produce the discovery to the plaintiff within 21 days of the 9/19/14 hearing; within those 21 days defendant shall not contact putative class members for the purposes of obtaining declarations from them; and if during the 21-day period defendants determine that additional time is needed, defendants may request additional time to comply with the court's order. (Meuleman, A)
September 11, 2014 Opinion or Order Filing 31 STIPULATION and ORDER signed by Judge John A. Mendez on 9/10/15: The deadline for Plaintiff to file and serve his Motion for Class Certification shall be extended from January 5, 2015, to March 19, 2015. (Kaminski, H)
September 10, 2014 Opinion or Order Filing 30 STIPULATION for 27 PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 9/9/2014. (Marciel, M)
July 28, 2014 Opinion or Order Filing 20 ORDER denying 8 Motion to Dismiss and 10 Motion to Remand signed by Judge John A. Mendez on 7/25/14. (Kaminski, H)
April 23, 2014 Opinion or Order Filing 9 DECLINATION TO ISSUE A REASSIGNMENT ORDER signed by Judge Garland E. Burrell, Jr on 4/22/14. (Manzer, C)
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Plaintiff: Mitch Davenport
Represented By: Charles A. Jones
Represented By: Kelly McInerney
Represented By: Matthew Righetti
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Defendant: The Wendy's Company
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Defendant: Wendy's Restaurants LLC
Represented By: Mark David Kemple
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Defendant: Wendy's International, Inc.
Represented By: Mark David Kemple
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