Terry et al v. Wasatch Advantage Group, LLC et al
| Denika Terry, Roy Huskey, III and Tamera Livingston |
| Wasatch Advantage Group, LLC, Wasatch Property Management, Inc., Wasatch Pool Holdings, LLC,, Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Chesapeake Apartment Holdings, LLC, Aspen Park Holdings, LLC, Bellwood Jerron Holdings, LLC, Bellwood Jerron Apartments, LP, Bent Tree Apartments, LLC, California Place Apartments, LLC, Camelot Lakes Holdings, LLC, Canyon Club Holdings, LLC, Courtyard At Central Park Apartments, LLC, Creekside Holdings, LTD, Hayward Senior Apartments, LP, Heritage Park Apartments, LP, Oak Valley Apartments, LLC, Peppertree Apartment Holdings, LP, Piedmont Apartments, LP, Point Natomas Apartments, LLC, Point Natomas Apartments, LP, River Oaks Holdings, LLC, Shadow Way Apartments, LP, Spring Villa Apartments, LP, Sun Valley Holdings, LTD, Village Grove Apartments, LP, Wasatch Quail Run Gp, LLC, Wasatch Premier Properties, LLC, Wasatch Pool Holdings III, LLC and Oak Valley Holdings, LP |
| United States of America and State of California |
| 2:2015cv00799 |
| April 14, 2015 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Deborah Barnes |
| Kimberly J Mueller |
| Other Statutes: False Claims Act |
| 31 U.S.C. § 3729 False Claims Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 20, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 276 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 9/28/2022: In light of the pending Motions for Summary Judgment, ECF Nos. #241 and #242 , and upon request of the parties, the Status (Pretrial Scheduling) Conference set for 10/6/2022 is RESET for 12/1/2022 at 2:30 PM before Chief District Judge Kimberly J. Mueller. The parties shall file an updated Joint Status Report no later than 11/17/2022. The December Hearing will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no less than 24 hours before the hearing. (Text Only Entry)(Schultz, C) |
| Filing 275 JOINT STATUS REPORT by Roy Huskey, III, Tamera Livingston, Denika Terry. (Bellows, Anne) |
| Filing 274 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 8/17/2022: In light of the pending Motions for Summary Judgment, ECF Nos. #241 and #242 , the Status (Pretrial Scheduling) Conference set for 8/25/2022 is RESET for 10/6/2022 at 2:30 PM before Chief District Judge Kimberly J. Mueller. The parties shall file an updated Joint Status Report no later than 9/22/2022. The Request for Telephonic Appearance, ECF No. #273 , is DENIED as MOOT. (Text Only Entry) (Schultz, C) |
| Filing 273 REQUEST FOR TELEPHONIC APPEARANCE at the 8/25/2022 Scheduling Conference hearing by Aspen Park Holdings, et al. (Matthews, Ryan) Modified on 8/18/2022 (Rodriguez, E). |
| Filing 272 JOINT STATUS REPORT by Roy Huskey, III, Tamera Livingston, Denika Terry. (Bellows, Anne) |
| Filing 271 TRANSCRIPT REQUEST by Hayward Senior Apartments, LP for proceedings held on 7/8/2022 before Judge Kimberly J. Mueller. Court Reporter Thresha Spencer. (Graham, Jahmy) |
| Filing 270 TRANSCRIPT of Cross-Motions for Summary Judgment held on 7/8/2022, before Chief District Judge Kimberly J. Mueller, filed by Court Reporter Thresha Spencer, Phone number 916-730-2269 E-mail [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/11/2022. Redacted Transcript Deadline set for 8/22/2022. Release of Transcript Restriction set for 10/20/2022. (Spencer, T) |
| Filing 269 TRANSCRIPT REQUEST by Defendants for proceedings held on 7/8/2022 before Judge Kimberly J. Mueller. Court Reporter Thresha Spencer. (Matthews, Ryan) Modified on 7/15/2022 (Mena-Sanchez, L). |
| Filing 268 MINUTES for MOTION HEARING held before Chief District Judge Kimberly J. Mueller on 7/8/2022. Plaintiffs' and Relators' Counsel, Anne Bellows and Lindsay Nako, present. Defendants' Counsel, Ryan Matthews and Joseph Salazar, present. After hearing oral argument as to Defendants' Motion for Summary Judgment, ECF No. #241 and the Plaintiffs' Motion for Summary Judgment, ECF No. #242 , the court took the matter under submission. A written order will issue. Court Reporter: Thresha Spencer. (Text Only Entry)(Kennison, L) |
| Filing 267 SUR-REPLY IN OPPOSITION to #241 Motion for Summary Judgment by Roy Huskey, III, Tamera Livingston, Denika Terry (Nako, Lindsay) Modified on 6/29/2022 (Kaminski, H). |
| Filing 266 (DISREGARD; REFER TO FILING AT ECF NO. #267 ) PROPOSED SUR-REPLY by Roy Huskey, III, Tamera Livingston, Denika Terry re #241 Motion for Summary Judgment. (Nako, Lindsay) (Docket Text Modified on 6/28/2022 by H, and on 6/29/2022 by C. Schultz) |
| Filing 265 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 6/27/2022: Upon a showing of good cause, Plaintiff's Unopposed Motion to file a Sur-Reply, ECF No. #264 , is GRANTED. Plaintiffs and Relators are directed to file the Sur-Reply forthwith. (Text Only Entry)(Schultz, C) |
| Filing 264 MOTION for LEAVE to File Sur-Reply by Roy Huskey, III, Tamera Livingston, Denika Terry. Motion Hearing set for 7/8/2022 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Proposed Order, #2 Proposed Sur-Reply)(Nako, Lindsay) Modified on 6/13/2022 (Rodriguez, E). |
| Filing 263 REPLY by Aspen Park Holdings, LLC et al in support of #241 Motion for Summary Judgment. (Attachments: #1 Objection, #2 Response, #3 Response, #4 Response, #5 Declaration of Ryan Matthews)(Matthews, Ryan) Modified on 5/31/2022 (Coll, A). |
| Filing 262 OBJECTIONS by Plaintiffs Roy Huskey, III, Tamera Livingston, Denika Terry to #258 Opposition to Motion. (Bellows, Anne) |
| Filing 261 REPLY by Roy Huskey, III, Tamera Livingston, Denika Terry re #242 Motion for Summary Judgment,. (Bellows, Anne) |
| Filing 260 SUPPLEMENTAL DECLARATION of Ryan Matthews in opposition to #242 Motion for Summary Judgment. (Matthews, Ryan) Modified on 5/26/2022 (Kaminski, H). |
| Filing 259 SUPPLEMENTAL DECLARATION of Ryan Matthews in support of #241 Motion for Summary Judgment. Attorney Matthews, Ryan James added. (Matthews, Ryan) Modified on 5/26/2022 (Kaminski, H). |
| Filing 258 OPPOSITION to #242 Motion for Summary Judgment, by Chesapeake Commons Holdings, LLC, et al. (Attachments: #1 Response to Statement of Undisputed Facts, #2 Declaration of Ryan Matthews)(Matthews, Ryan) Modified on 5/17/2022 (Huang, H). |
| Filing 257 OPPOSITION to #241 Motion for Summary Judgment by Roy Huskey, III, Tamera Livingston, Denika Terry. (Attachments: #1 Declaration of Lindsay Nako, #2 Exhibits, #3 Declaration of Geoffrey Gelb, #4 Statement of Disputed Facts, #5 Response to Defendants' Separate Statement of Undisputed Material Facts, #6 Objections to Defendants' Evidence)(Nako, Lindsay) Modified on 5/17/2022 (Huang, H). |
| Filing 256 AMENDED MINUTE ORDER (Amending Minute Order at ECF No. 255) issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 5/13/2022: In the interest of judicial economy and on the court's own motion, the hearing as to Defendants' Motion for Summary Judgment, or in the Alternative Summary Adjudication, or in the Further Alternative, Class Decertification, ECF No. #241 , set for 5/27/2022 is RESET for 7/8/2022 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. (Text Only Entry)(Schultz, C) |
| Filing 255 (DISREGARD; REFER TO AMENDED MINUTE ORDER FILED AT ECF NO. 256) MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 5/11/2022: In the interest of judicial economy and on the court's own motion, the hearing as to Defendants' Motion for Summary Judgment, or in the Alternative Summary Adjudication, or in the Further Alternative, Class Decertification, ECF No. #241 , set for 5/27/2022 is RESET for 7/8/2022 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. Motion briefing deadlines are reset as provided by Local Rule 230. (Text Only Entry) (Schultz, C) (Docket Text Modified on 5/13/2022 by C. Schultz: Disregard Language Added.) |
Filing 254
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 5/10/2022 MODIFYING the scheduling order to reflect the following deadlines for Daubert motions related to Phase 1 liability dispositive motion briefing: Daubert Motions for purposes of summary judgment filed by 6/3/2022, Opposition Briefs filed by 6/17/2022, and Reply Briefs filed by 6/24/2022. (Huang, H)
|
| Filing 253 STIPULATION and PROPOSED ORDER for Extending the Daubert Motion Deadline by Roy Huskey, III, Tamera Livingston, Denika Terry. (Bellows, Anne) |
| Filing 252 EXHIBITS to #245 Declaration filed by Plaintiffs Roy Huskey, III et al. (Attachments: #1 Exhibit 41, #2 Exhibit 42, #3 Exhibit 43, #4 Exhibit 44, #5 Exhibit 45, #6 Exhibit 46, #7 Exhibit 47)(Bellows, Anne) Modified on 4/25/2022 (Coll, A). |
| Filing 251 EXHIBITS to #245 Declaration filed by Plaintiffs Roy Huskey, III et al. (Attachments: #1 Exhibit 31, #2 Exhibit 32, #3 Exhibit 33, #4 Exhibit 34, #5 Exhibit 35, #6 Exhibit 35, #7 Exhibit 37, #8 Exhibit 38, #9 Exhibit 39, #10 Exhibit 40)(Bellows, Anne) Modified on 4/25/2022 (Coll, A). |
| Filing 250 EXHIBITS to #245 Declaration filed by Plaintiffs Roy Huskey, III et al. (Attachments: #1 Exhibit 21, #2 Exhibit 22, #3 Exhibit 23, #4 Exhibit 24, #5 Exhibit 25, #6 Exhibit 26, #7 Exhibit 27, #8 Exhibit 28, #9 Exhibit 29, #10 Exhibit 30)(Bellows, Anne) Modified on 4/25/2022 (Coll, A). |
| Filing 249 EXHIBITS to #245 Declaration filed by Plaintiffs Roy Huskey, III et al. (Attachments: #1 Exhibit 15, #2 Exhibit 16, #3 Exhibit 17, #4 Exhibit 18, #5 Exhibit 19, #6 Exhibit 20)(Bellows, Anne) Modified on 4/25/2022 (Coll, A). |
| Filing 248 EXHIBITS to #245 Declaration filed by Plaintiffs Roy Huskey, III et al. (Attachments: #1 Exhibit 14)(Bellows, Anne) Modified on 4/25/2022 (Coll, A). |
| Filing 247 EXHIBITS to #245 Declaration filed by Plaintiffs Roy Huskey, III et al. (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13)(Bellows, Anne) Modified on 4/25/2022 (Coll, A). |
| Filing 246 EXHIBITS to #245 Declaration filed by Plaintiffs Roy Huskey, III et al. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Bellows, Anne) Modified on 4/25/2022 (Coll, A). |
| Filing 245 DECLARATION of Anne Bellows in support of #242 Motion for Summary Judgment,. (Bellows, Anne) |
| Filing 244 JOINDER by Hayward Senior Apartments, LP re #241 Motion for Summary Judgment. (Graham, Jahmy) |
| Filing 243 REQUEST for JUDICIAL NOTICE by Roy Huskey, III et al re #242 Motion for Summary Judgment. (Attachments: #1 Proposed Order)(Tilden, Stephanie) |
| Filing 242 MOTION FOR SUMMARY JUDGMENT by Roy Huskey, III et al. Motion Hearing set for 7/8/2022 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Points and Authorities, #2 Statement of Undisputed Facts, #3 Declaration, #4 Exhibit)(Bellows, Anne) Modified on 4/25/2022 (Coll, A). |
| Filing 241 MOTION FOR SUMMARY JUDGMENT by Chesapeake Commons Holdings, LLC et al. Motion Hearing set for 5/27/2022 at 10:00 AM before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Notice of Motion for Summary Judgement, #2 Appendix of Evidence, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Separate Statement)(Matthews, Ryan) Modified on 4/25/2022 (Coll, A). |
| Filing 240 NOTICE of APPEARANCE by Jahmy Stanford Graham on behalf of Hayward Senior Apartments, LP. Attorney Graham, Jahmy Stanford added. (Graham, Jahmy) |
| Filing 239 NOTICE of APPEARANCE by Amber Hendrick on behalf of Hayward Senior Apartments, LP. Attorney Hendrick, Amber added. (Hendrick, Amber) |
| Filing 238 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 4/5/2022: Due to a scheduling conflict and on the court's own motion, the Scheduling Conference set for 8/11/2022 is RESET for 8/25/2022 at 2:30 PM before Chief District Judge Kimberly J. Mueller. The parties shall file a joint status report by 8/11/2022. (Text Only Entry) (Schultz, C) |
|
Filing 237
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/15/2022 ORDERING Expert Discovery shall be completed no later than 3/21/2022. Dispositive Motions filed by 4/22/2022, Dispositive Motion Opposition Briefs by 5/13/2022. Daubert Motions filed by 5/13/2022, Dispositive Motion Reply Briefs due by 5/27/2022. Daubert Motion Opposition Briefs by 5/27/2022, and Daubert Motion Reply Briefs by 6/10/2022. All Dispositive Motions shall be heard by 7/8/2022. A further Scheduling Conference shall be held on 8/11/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller.(Reader, L)
|
| Filing 236 STIPULATION and PROPOSED ORDER for Amending the Scheduling Order and Set Briefing Deadlines by Roy Huskey, III, Tamera Livingston, Denika Terry. (Bellows, Anne) Modified on 3/9/2022 (Zignago, K.). |
| Filing 235 NOTICE of APPEARANCE by Stephanie Tilden on behalf of Roy Huskey, III, Tamera Livingston, Denika Terry. Attorney Tilden, Stephanie added. (Tilden, Stephanie) |
| Filing 234 ANSWER with Jury Demand by Oak Valley Holdings, LP. Attorney Matthews, Ryan James added.(Matthews, Ryan) |
| Filing 233 WITHDRAWAL of #197 Motion to Compel, filed by Roy Huskey, III, Denika Terry, Tamera Livingston. (Bellows, Anne) |
| Filing 232 ANSWER with Jury Demand by Heritage Park Apartments, LP, Peppertree Apartment Holdings, LP, Piedmont Apartments, LP, Shadow Way Apartments, LP, Village Grove Apartments, LP. Attorney Matthews, Ryan James added.(Matthews, Ryan) |
| Filing 231 SUMMONS RETURNED EXECUTED: Heritage Park Apartments, LP served on 1/14/2022. (Bellows, Anne) |
| Filing 230 SUMMONS RETURNED EXECUTED: Wasatch Quail Run Gp, LLC served on 1/18/2022. (Bellows, Anne) |
| Filing 229 SUMMONS RETURNED EXECUTED: Peppertree Apartment Holdings, LP served on 1/14/2022. (Bellows, Anne) |
| Filing 228 SUMMONS RETURNED EXECUTED: Shadow Way Apartments, LP served on 1/14/2022. (Bellows, Anne) |
| Filing 227 SUMMONS RETURNED EXECUTED: Piedmont Apartments, LP served on 1/14/2022. (Bellows, Anne) Modified on 1/26/2022 (Coll, A). |
|
Filing 226
STIPULATION and ORDER MODIFYING CLASS CERTIFICATION signed by Chief District Judge Kimberly J. Mueller on 01/25/22. (Benson, A.)
|
|
Filing 225
ORDER signed by Chief District Judge Kimberly J. Mueller on 01/25/22 GRANTING #218 Motion to Extend Time for Service; the period of service is EXTENDED to 01/31/22. (Benson, A.)
|
| Filing 224 SUMMONS RETURNED EXECUTED: Village Grove Apartments, LP served on 1/14/2022, answer due 2/4/2022. (Bellows, Anne) |
| Filing 223 WITHDRAWAL of #156 Motion to Compel, filed by Roy Huskey, III, Denika Terry, Tamera Livingston. (Bellows, Anne) |
|
Filing 222
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 1/12/2022 MODIFYING 143 Scheduling Order as follows: Expert Witness Disclosure due by 1/28/2022, Rebuttal Expert Witness Disclosure due by 2/25/2022, Expert Discovery completed by 3/18/2022. (Huang, H)
|
| Filing 221 STIPULATION and PROPOSED ORDER for Extending the Expert-Related Deadlines by Roy Huskey, III, Tamera Livingston, Denika Terry. (Bellows, Anne) |
| Filing 220 STIPULATION and PROPOSED ORDER for Modify Class Certification Order by Roy Huskey, III, Tamera Livingston, Denika Terry. (Bellows, Anne) |
|
Filing 219
ORDER signed by Magistrate Judge Deborah Barnes on 01/04/2022 RESETTING the hearing on the #156 #197 Motions to Compel to 02/11/2022 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes; CONTINUING fact discovery deadline to 02/18/2022; Defendants shall complete their production on or before 01/20/2022; After the completion of defendants' production the parties shall engage in further meet and confer efforts, either in person, via telephone, or video conference, on or before 01/28/2022; If a discovery dispute remains, on or before 02/04/2022, the parties shall file a joint statement. (Rodriguez, E)
|
| Filing 218 MOTION to EXTEND TIME to Serve Summons Against Remaining Six Defendants by Roy Huskey, III, Tamera Livingston, Denika Terry. Motion Hearing set for 1/21/2022 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Declaration of Anne P. Bellows, #2 Proposed Order)(Bellows, Anne) Modified on 1/3/2022 (Kaminski, H). |
| Filing 217 STATEMENT of Parties' Second Updated Joint Statement Regardign Their Discovery Disputes Related to Huskey Interrrogatory 18 and Request for Prodcution Nos. 27, 28, 29, & 30 by Plaintiffs Roy Huskey, III, Tamera Livingston, Denika Terry re #156 Motion to Compel,. (Bellows, Anne) |
| Filing 216 STATEMENT of Parties Updated Joint Statement Regarding Their Discovery Dispute Related to Terry Requests for Production Nos. 95, 11, and 112 by Plaintiffs Roy Huskey, III, Tamera Livingston, Denika Terry re #197 Motion to Compel,. (Bellows, Anne) |
| Filing 215 CORPORATE DISCLOSURE STATEMENT by Defendant River Oaks Holdings, LLC. (Matthews, Ryan) |
| Filing 214 CORPORATE DISCLOSURE STATEMENT by Defendant Point Natomas Apartments, LLC. (Matthews, Ryan) |
| Filing 213 CORPORATE DISCLOSURE STATEMENT by Defendant Oak Valley Apartments, LLC. (Matthews, Ryan) |
| Filing 212 CORPORATE DISCLOSURE STATEMENT by Defendant Courtyard At Central Park Apartments, LLC. (Matthews, Ryan) |
| Filing 211 CORPORATE DISCLOSURE STATEMENT by Defendant Chesapeake Apartment Holdings, LLC. (Matthews, Ryan) |
| Filing 210 CORPORATE DISCLOSURE STATEMENT by Defendant Canyon Club Holdings, LLC. (Matthews, Ryan) |
| Filing 209 CORPORATE DISCLOSURE STATEMENT by Defendant California Place Apartments, LLC. (Matthews, Ryan) |
| Filing 208 CORPORATE DISCLOSURE STATEMENT by Defendant Bent Tree Apartments, LLC. (Matthews, Ryan) |
| Filing 207 CORPORATE DISCLOSURE STATEMENT by Defendant Bellwood Jerron Holdings, LLC. (Matthews, Ryan) |
| Filing 206 CORPORATE DISCLOSURE STATEMENT by Defendant Aspen Park Holdings, LLC. (Matthews, Ryan) |
| Filing 205 ANSWER with Jury Demand by Aspen Park Holdings, LLC, Bellwood Jerron Holdings, LLC, Bent Tree Apartments, LLC, California Place Apartments, LLC, Canyon Club Holdings, LLC, Chesapeake Apartment Holdings, LLC, Courtyard At Central Park Apartments, LLC, Oak Valley Apartments, LLC, Point Natomas Apartments, LLC, River Oaks Holdings, LLC. Attorney Matthews, Ryan James added.(Matthews, Ryan) |
| Filing 204 SUMMONS of SERVICE RETURNED EXECUTED: Waiver sent to Oak Valley Holdings, LP on 12/9/2021. (Bellows, Anne) Modified on 12/15/2021 (Reader, L). |
|
Filing 203
ORDER signed by Magistrate Judge Deborah Barnes on 12/13/21 RESETTING the hearing on the #156 #197 Motions to Compel to 1/7/2022 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes; if a discovery dispute remains, the parties shall engage in further meet and confer efforts; if a discovery dispute remains, by 12/31/21, the parties shall file a Joint Statement; CONTINUING fact discovery deadline to 01/14/22. (Benson, A.)
|
| Filing 202 CORPORATE DISCLOSURE STATEMENT by Defendant Wasatch Premier Properties, LLC. (Matthews, Ryan) |
| Filing 201 ANSWER with Jury Demand by Wasatch Premier Properties, LLC. Attorney Matthews, Ryan James added.(Matthews, Ryan) |
| Filing 200 CORPORATE DISCLOSURE STATEMENT by Defendant Spring Villa Apartments, LP. (Matthews, Ryan) |
| Filing 199 ANSWER with Jury Demand by Spring Villa Apartments, LP. Attorney Matthews, Ryan James added.(Matthews, Ryan) |
| Filing 198 WITHDRAWAL of #152 Motion to Compel, filed by Roy Huskey, III, Denika Terry, Tamera Livingston. (Bellows, Anne) |
| Filing 197 MOTION to COMPEL Production of Documents by Roy Huskey, III, Tamera Livingston, Denika Terry. Motion Hearing set for 12/17/2021 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 The Parties' Joint Statement)(Bellows, Anne) Modified on 12/14/2021 (Reader, L). |
| Filing 196 JOINT STATEMENT RE: DISCOVERY DISAGREEMENT filed by Plaintiffs Roy Huskey, III, Tamera Livingston, Denika Terry. (Bellows, Anne) |
| Filing 195 CORPORATE DISCLOSURE STATEMENT by Defendant Point Natomas Apartments, LP. (Matthews, Ryan) |
| Filing 194 CORPORATE DISCLOSURE STATEMENT by Defendant Bellwood Jerron Apartments, LP. (Matthews, Ryan) |
| Filing 193 ANSWER with Jury Demand by Bellwood Jerron Apartments, LP, Point Natomas Apartments, LP. Attorney Matthews, Ryan James added.(Matthews, Ryan) |
| Filing 192 SUMMONS ISSUED as to *Oak Valley Holdings, LP* with answer to complaint due within *21* days. Attorney *Anne Bellows* *Goldstein, Borgen, Dardarian & Ho* *155 Grand Ave, Suite 900* *Oakland, CA 94612*. (Kastilahn, A) |
|
Filing 191
ORDER signed by Magistrate Judge Deborah Barnes on 12/06/21 RESETTING hearing on plaintiff's #156 Motion to Compel to 12/17/2021 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. If a discovery dispute remains, the parties shall engage in further meet and confer efforts; parties shall file a Joint Statement by 12/10/21. (Benson, A.)
|
| Filing 190 JOINT STATEMENT RE: DISCOVERY DISAGREEMENT filed by Plaintiffs Roy Huskey, III, Tamera Livingston, Denika Terry. (Attachments: #1 Exhibits 1-24)(Bellows, Anne) |
| Filing 189 CORPORATE DISCLOSURE STATEMENT by Defendant Wasatch Pool Holdings III, LLC. (Matthews, Ryan) |
| Filing 188 CORPORATE DISCLOSURE STATEMENT by Defendant Camelot Lakes Holdings, LLC. (Matthews, Ryan) |
| Filing 187 ANSWER with Jury Demand by Camelot Lakes Holdings, LLC, Wasatch Pool Holdings III, LLC. Attorney Matthews, Ryan James added.(Matthews, Ryan) |
| Filing 186 SUMMONS RETURNED EXECUTED: Bent Tree Apartments, LLC served on 11/30/2021. (Bellows, Anne) |
| Filing 185 SUMMONS RETURNED EXECUTED: Bellwood Jerron Holdings, LLC served on 11/30/2021. (Bellows, Anne) |
| Filing 184 SUMMONS RETURNED EXECUTED: Chesapeake Apartment Holdings, LLC served on 11/30/2021. (Bellows, Anne) |
| Filing 183 SUMMONS RETURNED EXECUTED: River Oaks Holdings, LLC served on 11/30/2021. (Bellows, Anne) |
| Filing 182 SUMMONS RETURNED EXECUTED: Oak Valley Apartments, LLC served on 11/30/2021. (Bellows, Anne) |
| Filing 181 SUMMONS RETURNED EXECUTED: Courtyard At Central Park Apartments, LLC served on 11/30/2021. (Bellows, Anne) |
| Filing 180 SUMMONS RETURNED EXECUTED: Canyon Club Holdings, LLC served on 11/30/2021. (Bellows, Anne) |
| Filing 179 SUMMONS RETURNED EXECUTED: Aspen Park Holdings, LLC served on 11/30/2021. (Bellows, Anne) |
| Filing 178 SUMMONS RETURNED EXECUTED: Point Natomas Apartments, LLC served on 11/30/2021. (Bellows, Anne) |
| Filing 177 SUMMONS RETURNED EXECUTED: California Place Apartments, LLC served on 11/30/2021. (Bellows, Anne) |
| Filing 176 SUMMONS RETURNED EXECUTED: Wasatch Premier Properties, LLC served on 11/23/2021. (Bellows, Anne) |
| Filing 175 SUMMONS RETURNED EXECUTED: Spring Villa Apartments, LP served on 11/22/2021. (Bellows, Anne) |
| Filing 174 DESIGNATION of COUNSEL by All Plaintiffs. Kristen A. Burzynski terminated . Attorney Ho, Laura L. added. (Ho, Laura) Modified on 12/3/2021 (Coll, A). |
| Filing 173 CORPORATE DISCLOSURE STATEMENT by Defendant Hayward Senior Apartments, LP. (Matthews, Ryan) |
| Filing 172 ANSWER with Jury Demand by Hayward Senior Apartments, LP. Attorney Matthews, Ryan James added.(Matthews, Ryan) |
|
Filing 171
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/30/21 VACATING the 12/30/21 deadline for the Parties to file their Stipulation to Amend the Class Certification Order. No later than 1/17/22, the Parties shall either file their Stipulation to Amend the Class Certification Order or a Status Report regarding the same. (Kastilahn, A)
|
|
Filing 170
ORDER signed by Magistrate Judge Deborah Barnes on 11/29/2021 CONTINUING The hearing re #152 Motion to Compel to Friday, 12/17/2021. On or before 12/10/2021, the parties shall file a Joint Statement that complies with the Standard Information and the Local Rules. The deadline for the completion of Discovery is CONTINUED to 12/17/2021. (Mena-Sanchez, L)
|
| Filing 169 CORPORATE DISCLOSURE STATEMENT by Defendant Sun Valley Holdings, LTD. (Matthews, Ryan) |
| Filing 168 CORPORATE DISCLOSURE STATEMENT by Defendant Creekside Holdings, LTD. (Matthews, Ryan) |
| Filing 167 ANSWER with Jury Demand by Creekside Holdings, LTD, Sun Valley Holdings, LTD. Attorney Matthews, Ryan James added.(Matthews, Ryan) |
| Filing 166 STIPULATION and PROPOSED ORDER for Extending the Time for the Parties to File Their Anticipated Stipulation to Amend the Class Certification Order by Roy Huskey, III, Tamera Livingston, Denika Terry. (Bellows, Anne) |
| Filing 165 JOINT STATEMENT re DISCOVERY DISPUTE by Roy Huskey, III et al. (Nako, Lindsay) Modified on 11/29/2021 (Coll, A). |
|
Filing 164
ORDER signed by Chief District Judge Kimberly J. Mueller on 11/22/2021 GRANTING #153 Motion for Extension of Time for Service by an additional 45 days, to 12/30/2021. The court vacates the motion hearing set for 12/17/2021. (Rodriguez, E)
|
| Filing 163 SUMMONS RETURNED EXECUTED: Bellwood Jerron Apartments, LP served on 11/18/2021, answer due 12/9/2021. (Bellows, Anne) |
| Filing 162 SUMMONS RETURNED EXECUTED: Wasatch Pool Holdings III, LLC served on 11/12/2021, answer due 12/3/2021. (Bellows, Anne) |
| Filing 161 SUMMONS RETURNED EXECUTED: Sun Valley Holdings, LTD served on 11/12/2021, answer due 12/3/2021. (Bellows, Anne) |
| Filing 160 SUMMONS RETURNED EXECUTED: Point Natomas Apartments, LP served on 11/19/2021. (Bellows, Anne) Modified on 11/22/2021 (Benson, A.). |
| Filing 159 SUMMONS RETURNED EXECUTED: Hayward Senior Apartments, LP served on 11/10/2012, answer due 12/1/2012. (Bellows, Anne) |
| Filing 158 SUMMONS RETURNED EXECUTED: Creekside Holdings, LTD served on 11/12/2021, answer due 12/3/2021. (Bellows, Anne) |
| Filing 157 SUMMONS RETURNED EXECUTED: Camelot Lakes Holdings, LLC served on 11/12/2021, answer due 12/3/2021. (Bellows, Anne) |
| Filing 156 MOTION to COMPEL Proper Response to Interrogatory and Production of Documents by Roy Huskey, III, Tamera Livingston, Denika Terry. Motion Hearing set for 12/10/2021 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Bellows, Anne) |
| Filing 155 MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Deborah Barnes: INFORMAL CHAMBERS TELEPHONIC DISCOVERY CONFERENCE held on 11/17/2021. Anne Bellows appeared telephonically on behalf of plaintiffs'. Alec Rishwain appeared telephonically on behalf of defendants'. Court and counsel discussed discovery issue. Plaintiffs Counsel Anne Bellows present telephonically. Defendants Counsel Alec Rishwain present telephonically. (Buzo, P) |
| Filing 154 STATEMENT of Joint Letter re Discovery Dispute Interrogatory Responses filed by Plaintiffs Roy Huskey, III, Tamera Livingston, Denika Terry. (Bellows, Anne) |
| Filing 153 MOTION for 45-DAY EXTENSION OF TIME to Serve Summons by Roy Huskey, III, Tamera Livingston, Denika Terry. Motion Hearing set for 12/17/2021 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Declaration of Anne P. Bellows, #2 Proposed Order)(Bellows, Anne) Modified on 11/17/2021 (Kastilahn, A). |
| Filing 152 MOTION to COMPEL Production of Documents Responsive to Request 52 (Terry RFPDs, Set Two) by Roy Huskey, III, Tamera Livingston, Denika Terry. Motion Hearing set for 12/3/2021 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Nako, Lindsay) |
| Filing 151 OBJECTIONS by Plaintiffs Roy Huskey, III, Tamera Livingston, Denika Terry to Minutes of Status Conference (ECF No. 143). (Attachments: #1 Declaration of Anne P. Bellows )(Bellows, Anne) Modified on 11/17/2021 (Kastilahn, A). |
| Filing 150 MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Deborah Barnes: INFORMAL TELEPHONIC DISCOVERY CONFERENCE held on 11/12/2021. Anne Bellows and Lindsay Nako appeared telephonically on behalf of plaintiffs'. Ryan Matthews appeared telephonically on behalf of defendants'. Court and counsel discussed discovery issue. Plaintiffs Counsel Anne Bellows, Lindsay Nako present telephonically. Defendants Counsel Ryan Matthews present telephonically. (Buzo, P) |
| Filing 149 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Deborah Barnes on 11/10/2021. IT IS HEREBY ORDERED: Per communication with the parties, an Informal Telephonic Discovery Conference is set for 11/17/2021 at 02:30 PM, in the Chambers of Magistrate Judge Deborah Barnes. FURTHERMORE: On 11/15/2021, the parties shall file a joint letter, no later than 10:00 a.m., briefly explaining what meet and confer efforts they have undertaken and providing a synopsis of the discovery dispute. The joint letter brief shall be no more than two (2) pages in length, including any exhibits or attachments (which are discouraged), and shall be in at least 12-point type. To access the conference call, parties are instructed to dial the following toll-free number: (877) 336-1828; and enter access code:1864917 and follow remaining prompts.I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case.(Buzo, P) |
| Filing 148 JOINT STATEMENT RE: DISCOVERY DISAGREEMENT filed by Plaintiffs Roy Huskey, III, Tamera Livingston, Denika Terry. (Nako, Lindsay) |
| Filing 147 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Deborah Barnes on 11/8/2021.IT IS HEREBY ORDERED: Per communication with the parties, an Informal Telephonic Discovery Conference is set for 11/12/2021 at 02:30 PM in the Chambers of Magistrate Judge Deborah Barnes. FURTHERMORE: On 11/10/2021, the parties shall file a joint letter, no later than 10:00 a.m., briefly explaining what meet and confer efforts they have undertaken and providing a synopsis of the discovery dispute. The joint letter brief shall be no more than two (2) pages in length, including any exhibits or attachments (which are discouraged), and shall be in at least 12-point type. To access the conference call, parties are instructed to dial the following toll-free number: (877) 336-1828; and enter access code:1864917 and follow remaining prompts.I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case.(Buzo, P) |
| Filing 146 NOTICE of APPEARANCE by Lindsay Nako on behalf of Roy Huskey, III, Tamera Livingston, Denika Terry. Attorney Nako, Lindsay added. (Nako, Lindsay) |
|
Filing 145
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/1/21 ORDERING that the law firm of the Impact Fund is adequate to serve as class counsel and are hereby APPOINTED as Class Counsel for the Classes previously certified by this Court on 7/30/2018. (Kastilahn, A)
|
| Filing 144 STANDING SCHEDULING ORDER issued by Courtroom Deputy C. Schultz for Chief Judge Kimberly J. Mueller on 10/28/2021. (Schultz, C) |
| Filing 143 MINUTES for STATUS CONFERENCE held (via videoconference) before Chief District Judge Kimberly J. Mueller on 10/28/2021, and FRCP 16 BENCH ORDER: Plaintiffs' Counsel, Anne Bellows, Jesse Newmark, and Lindsay Nako, present. Defendants' Counsel, Joseph Salazar, Jr., and Ryan Matthews, present. The court and counsel discussed case scheduling. After careful consideration of the parties comments, the court ORDERED the following pre-trial case schedule for Phase 1: Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall be completed by 11/4/2021; fact discovery shall be completed by 12/16/2021; expert disclosures shall be completed by 1/20/2022; rebuttal expert witnesses shall be exchanged by 2/17/2022; all expert discovery shall be completed by 3/10/2022; and all dispositive motions, except for motions for continuances, temporary restraining orders or other emergency applications, shall be heard by 5/27/2022 and additional scheduling conference in 7/14/2022. The parties discussed why appointment of additional class counsel is appropriate in this case. Mr. Newmark noted a few examples of this being a complex class action include: statewide class with large discovery and bifurcated proceedings involving liability issues. Defendants' counsel concurred in the characterization of Mr. Newmark's description of the complexity of this case. Motions regarding discovery shall be noticed before the Magistrate Judge, as provided by Local Rule 302(c). This case schedule will become final without further order of the court unless objections are filed within fourteen (14) calendar days of this order. The schedule, once final, shall not be modified except by leave of court upon showing of good cause. All provisions of the courts standing scheduling order for Civil Cases filed concurrently herewith are incorporated therein. SO ORDERED. Court Reporter: Thresha Spencer. (Text Only Entry) (Schultz, C) |
| Filing 142 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 10/12/2021: Due to a scheduling conflict and on the court's own motion, the Status Conference set for 10/14/2021 is VACATED and RESET for 10/28/2021 at 2:30 PM before Chief District Judge Kimberly J. Mueller. The 10/28/2021 Hearing will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no less than 24 hours before the hearing. (Text Only Entry) (Schultz, C) |
|
Filing 141
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/7/21 ORDERING that the court reserves a decision on #139 the stipulation and proposed order until after the status conference currently set for 10/14/21. The parties shall be prepared to discuss at that status conference why the appointment of additional class counsel is appropriate in this case. (Kastilahn, A)
|
| Filing 140 JOINT STATUS REPORT by Roy Huskey, III, Tamera Livingston, Denika Terry. (Bellows, Anne) |
| Filing 139 STIPULATION and PROPOSED ORDER for Appointment of Impact Fund as Class Counsel by Roy Huskey, III, Tamera Livingston, Denika Terry. (Attachments: #1 Declaration of Jocelyn D. Larkin)(Bellows, Anne) |
| Filing 138 ANSWER with Jury Demand by Chesapeake Apartment Holdings, LLC et al. Attorney Salazar, Joseph A. added.(Salazar, Joseph) |
| Filing 137 SUMMONS ISSUED as to *Aspen Park Holdings, LLC, Bellwood Jerron Apartments, LP, Bellwood Jerron Holdings, LLC, Bent Tree Apartments, LLC, California Place Apartments, LLC, Camelot Lakes Holdings, LLC, Canyon Club Holdings, LLC, Chesapeake Apartment Holdings, LLC, Courtyard At Central Park Apartments, LLC, Creekside Holdings, LTD, Hayward Senior Apartments, LP, Heritage Park Apartments, LP, Oak Valley Apartments, LLC, Peppertree Apartment Holdings, LP, Piedmont Apartments, LP, Point Natomas Apartments, LLC, Point Natomas Apartments, LP, River Oaks Holdings, LLC, Shadow Way Apartments, LP, Spring Villa Apartments, LP, Sun Valley Holdings, LTD, Village Grove Apartments, LP, Wasatch Pool Holdings III, LLC, Wasatch Premier Properties, LLC, Wasatch Quail Run Gp, LLC* with answer to complaint due within *21* days. Attorney *Anne Bellows* *Goldstein Borgen Dardarian & Ho* *155 Grand Avenue, Suite 900* *Oakland, California 94612*. (Reader, L) |
| Filing 136 FIFTH AMENDED COMPLAINT against All Defendants by Roy Huskey, III, Denika Terry, Tamera Livingston. Attorney Bellows, Anne added.(Bellows, Anne) |
|
Filing 135
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 8/16/2021 ADOPTING the Stipulation and Proposed Order. A Scheduling Conference is set for 10/14/2021 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. The parties shall prepare and file a joint status report two weeks in advance of the scheduling conference. (Zignago, K.)
|
| Filing 134 STIPULATION and PROPOSED ORDER for Leave to File Fifth Amended Complaint, Bifurcating the Case for Discovery, Trial, and Vacating Case Deadlines by Roy Huskey, III, Denika Terry. (Bellows, Anne) |
| Filing 133 NOTICE of APPEARANCE by Kristen Burzynski on behalf of Roy Huskey, III, Denika Terry. Attorney Burzynski, Kristen added. (Burzynski, Kristen) |
|
Filing 132
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 5/25/2021 AMENDING the Pretrial Scheduling Order #130 as follows: Discovery Cutoff to 8/27/2021, Expert Disclosures to 9/24/2021, Supplemental Expert Disclosures to 10/22/2021, Completion of Expert Discovery to 12/3/2021, and All Dispositive Motions Hearing to 3/25/2022. (Becknal, R)
|
| Filing 131 STIPULATION for Amendments to the Scheduling Order by Roy Huskey, III, Denika Terry. (Bellows, Anne) Modified on 5/24/2021 (Coll, A). |
|
Filing 130
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 3/1/2021 AMENDEING the Scheduling Order as follows: Documents responsive to Plaintiffs Requests for Production 44 to 50 and data responsive to Plaintiffs Requests for Production 35 to 40 produced by 4/7/2021. Depositions of Fact Witnesses completed by 7/2/2021. Fact Discovery completed by 7/2/2021. Designation of Expert Witnesses due by 7/30/2021. Rebuttal Expert Witnesses due by 8/27/2021. Expert Witnesses shall be available for deposition in September 2021. Expert Discovery completed by 10/1/2021. Dispositive Motions heard by 1/21/2022. (Coll, A)
|
| Filing 129 STIPULATION and PROPOSED ORDER for Amendments to the Scheduling Order by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc.. (Salazar, Joseph) |
| Filing 128 DESIGNATION of COUNSEL FOR SERVICE. Attorney Beth Holtzman terminated. (Bellows, Anne) Modified on 12/4/2020 (Huang, H). |
| Filing 127 NOTICE of CHANGE of ADDRESS by Anne Bellows. (Bellows, Anne) |
|
Filing 126
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 8/12/2020 AMENDING The Scheduling Order as follows: Fact discovery shall be completed by 4/7/2021; Expert witness disclosures shall be made no later than by 5/5/2021; Rebuttal expert witness disclosures shall be made no later 5/26/2021; All expert discovery shall be completed no later than 6/30/2021; All dispositive Motions, shall be filed no later than 7/28/2021. (Mena-Sanchez, L)
|
| Filing 125 STIPULATION and PROPOSED ORDER for Amendments to the Scheduling Order by Roy Huskey, III, Denika Terry. (Bellows, Anne) |
| Filing 124 TRANSCRIPT of Proceedings held on June 12, 2020, before Magistrate Judge Deborah Barnes, filed by Court Reporter Diane Shepard, Phone number 916-538-5907 E-mail [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/28/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/5/2020. (Shepard, D) |
| Filing 123 TRANSCRIPT REQUEST by Chesapeake Commons Holdings, LLC, et al. for proceedings held on 6/12/2020 before Judge Deborah Barnes. Court Reporter Diane Shepard. (Matthews, Ryan) Modified on 7/6/2020 (Huang, H). |
|
Filing 122
ORDER signed by Magistrate Judge Deborah Barnes on 6/12/2020 GRANTING IN PART AND DENYING IN PART #115 Motion to Compel. Defendants shall produce to plaintiffs the complaints log within 14 days of the date of this order. #115 Motion to Compel is DENIED in all other respects. (Huang, H)
|
| Filing 121 MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Deborah Barnes: MOTION HEARING held on 6/12/2020 re #115 Motion to Compel filed by Roy Huskey, III, Denika Terry. Anne Bellows appeared by zoom on behalf of ptlfs'. Ryan Matthews appeared by zoom on behalf of dfts'. Court addressed pltfs' motion to compel as stated on the record. Defense counsel addressed the court as stated on the record. Pltfs' counsel addressed the court. After hearing of arguments, for reasons stated on the record, #115 Motion to Compel Submitted. Court to issue written order. Plaintiffs Counsel Anne Bellows, Zoom appearance. Defendants Counsel Ryan Matthews, Zoom Appearance. Court Reporter/CD Number: Diane Shepard. (Buzo, P) |
| Filing 120 DECLARATION of George Edwards re #118 Joint Statement. (Bellows, Anne) Modified on 6/9/2020 (Zignago, K.). |
| Filing 119 NOTICE of ERRATA by All Plaintiffs to the declaration of George Edwards re #118 Joint Statement. (Bellows, Anne) Modified on 6/9/2020 (Zignago, K.). |
| Filing 118 JOINT STATEMENT re Their Discovery Dispute by Plaintiffs Roy Huskey, III, Denika Terry re #115 Motion to Compel. (Attachments: #1 Declaration of Anne Bellows, #2 Declaration George Edwards, #3 Declaration Jaron Johnson, #4 Declaration Mike Christian)(Bellows, Anne) Modified on 6/8/2020 (Zignago, K.). |
| Filing 117 TRANSCRIPT of Plaintiffs' Motion to Compel Proceedings held on 03/24/2017, before Magistrate Judge Deborah Barnes. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/25/2020. Redacted Transcript Deadline set for 7/6/2020. Release of Transcript Restriction set for 9/3/2020 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail [email protected]. (Anderson, J) |
| Filing 116 TRANSCRIPT REQUEST by Roy Huskey, III, Denika Terry for proceedings held on March 24, 2017 before Judge Deborah Barnes. Court Reporter ECRO Jonathan Anderson. (Bellows, Anne) |
| Filing 115 MOTION to COMPEL Production of Documents by Roy Huskey, III, Denika Terry. Motion Hearing set for 6/12/2020 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Bellows, Anne) |
|
Filing 114
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/14/20 GRANTING #107 Motion for Clarification. (Kaminski, H)
|
| Filing 113 MINUTES for MOTION HEARING held before District Judge Kimberly J. Mueller on 8/23/2019. Plaintiffs' Counsel, Laura Ho, present. Defendants' Counsel, Ryan Matthews, present. After hearing oral argument as to Plaintiffs and Relators' Motion Seeking (1) Clarification, or in the Alternative, Amendment of the Class Definition, (2) Compilation of the Class List, (3) Approval of Proposed Class Notice, and (4) Amendments to the Scheduling Order (ECF No. #107 ), the court took the matter under submission. A written order will issue. Court Reporter: Kimberly Bennett. (Text Only Entry) (Schultz, C) |
| Filing 112 REPLY by Roy Huskey, III, Denika Terry re #107 Motion for Clarification. (Bellows, Anne) |
|
Filing 111
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 7/10/2019 MODIFYING the #103 Scheduling Order as follows: Fact discovery shall be completed by 38 weeks following the entry of the Court's order regarding #107 Motion for Clarification; Expert witness disclosures due by 4 weeks following the close of fact discovery; Rebuttal expert witness disclosures due by 7 weeks following the close of fact discovery; All expert discovery shall be completed no later than 12 weeks following the close of fact discovery; and All dispositive motions shall be filed no later than 16 weeks following the close of fact discovery. (Huang, H)
|
| Filing 110 STIPULATION and PROPOSED ORDER for Amendments to the Scheduling Order by Roy Huskey, III, Denika Terry. (Bellows, Anne) |
| Filing 109 MINUTE ORDER issued by Relief Courtroom Deputy J. Anderson for District Judge Kimberly J. Mueller: On the courts own motion, the hearing on Plaintiffs Motion for Miscellaneous Relief (ECF No. #107 ) set for 07/12/2019 is VACATED and RESET for 08/23/2019 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)(Anderson, J) |
| Filing 108 OPPOSITION by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc. to #107 Motion for Clarification. (Matthews, Ryan) |
| Filing 107 MOTION for Clarification, or in the Alternative, Amendment of the Class Definition, Compilation of the Class List, Approval of Proposed Class Notice, and Amendments to the Scheduling Order by Roy Huskey, III, Denika Terry. Motion Hearing set for 7/12/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Declaration of Anne Bellows, #2 Declaration of Jesse Newmark, #3 Declaration of Orlando Castillejos, #4 Proposed Order)(Bellows, Anne) Modified on 6/17/2019 (Kaminski, H). |
|
Filing 106
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/21/19 APPOINTING the law firm of Goldstein, Borgen, Dardarian & Ho as Class Counsel for the Classes previously certified by this Court on 7/30/18. (Coll, A)
|
| Filing 105 STIPULATION and PROPOSED ORDER for Appointment of Class Counsel by Roy Huskey, III, Denika Terry. (Attachments: #1 Declaration)(Ho, Laura) Modified on 5/16/2019 (Coll, A). |
| Filing 104 ASSOCIATION of ATTORNEY: Added attorneys Laura L. Ho, Anne Bellows, Beth Holtzman for Roy Huskey, III and Denika Terry. (Newmark, Jesse) Modified on 4/30/2019 (Washington, S). |
|
Filing 103
STATUS PRETRIAL SCHEDULING ORDER signed by District Judge Kimberly J. Mueller on 12/20/2018: Discovery due by 9/20/2019. Designation of Expert Witnesses due by 10/11/2019. The designation shall be accompanied by a written report due by 11/1/2019. All expert discovery shall be completed by 12/6/2019. All dispositive motions, except motions for continuances, temporary restraining orders or other emergency applications, shall be heard no later than 1/31/2020. The court will set a Final Pretrial Conference date after the resolution of any dispositive motions, or passage of the dispositive motion cutoff, with a trial date being determined at the pretrial conference. Objections due within 14 calendar days of service of this Order. (York, M)
|
| Filing 102 MINUTES for STATUS CONFERENCE held before District Judge Kimberly J. Mueller on 12/13/2018. Plaintiffs' counsel, Jesse Newmark, present. Defendants' counsel, Joseph Salazar, Jr., present. The court and counsel discussed case scheduling. A written order will issue. Court Reporter: Jennifer Coulthard. (Text Only Entry) (Schultz, C) |
| Filing 101 JOINT STATUS REPORT by Denika Terry. (Wolff, Andrew) |
|
Filing 100
ORDER of USCA: The motion for leave to file a reply in support of the petition for permission to appeal is granted. The court denies the petition for permission to appeal the district courts July 30, 2018 order granting class action certification. (Mena-Sanchez, L) Modified on 10/19/2018 (Owen, K).
|
| Filing 99 ANSWER with Jury Demand by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc..(Matthews, Ryan) |
| Filing 98 FOURTH AMENDED COMPLAINT against All Parties by Denika Terry.(Wolff, Andrew) |
| Filing 97 MINUTE ORDER issued by Relief Courtroom Deputy G. Michel for District Judge Kimberly J. Mueller on 9/12/2018: In light of Defendants' filing of a Petition for Review with the Ninth Circuit Court of Appeals, the Status Conference set for September 13, 2018 is VACATED and RESET for December 13, 2018 at 2:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller. While the court had inquired about the parties' positions regarding VDRP, given the representation made in the Joint Status Report filed on September 6, 2018 (ECF No. #96 at 9:6-7), the court is unclear whether the parties are requesting referral to the VDRP. If the parties are indeed seeking referral pending resolution of any appeal, they are directed to file a joint request with the Court within 7 days. In light of the resetting of the Status Conference, Defendants are ORDERED to advise the court promptly upon any decision rendered by the Ninth Circuit. The parties shall file an updated Joint Status Report 7 days prior to the reset Status Conference. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 96 JOINT STATUS REPORT by Denika Terry. (Wolff, Andrew) |
|
Filing 95
ORDER signed by District Judge Kimberly J. Mueller on 09/05/18 GRANTING the parties' #94 Stipulation to amend the third amended complaint to substitute Tamara Livingston as the new class representative for the Rule 23(b)(2) class. Plaintiffs shall have 15 days to file the fourth amended complaint; defendants shall have 15 days to file a responsive pleading upon Plaintiff's filing the fourth amended complaint. (Benson, A.)
|
| Filing 94 STIPULATION and PROPOSED ORDER for Amending Complaint by Denika Terry. (Wolff, Andrew) |
| Filing 93 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Because a joint status report has not been filed, the Status Conference set for 8/2/2018 is VACATED and RESET for 9/13/2018 at 2:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller. The parties shall file a joint status report no less than seven days prior to the status conference. The parties are reminded that failure to timely file a joint status report may result in the imposition of sanctions. (Text Only Entry) (Schultz, C) |
|
Filing 92
ORDER signed by District Judge Kimberly J. Mueller on 7/30/2018 ORDERING Plaintiffs' #71 motion to amend is GRANTED. Plaintiffs' #72 motion for class certification as to the Rule 23(b)(3) class is GRANTED. Plaintiffs' motion for class certification as to the Rule 23(b)(2) class is CONDITIONALLY GRANTED, conditioned on plaintiffs substituting a new class representative who has standing for injunctive or declaratory relief under Rule 23(b)(2) within thirty (30) days. (Reader, L)
|
| Filing 91 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Ryan James Matthews for Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LPm Wasatch Advantage Group, LLC, for Wasatch Pool Holdings, LLC, Wasatch Property Management, Inc., attorney Yoon-Woo Nam terminated (Salazar, Joseph) Modified on 5/23/2018 (Kaminski, H). |
| Filing 90 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In light of the pending Motion to Amend and Motion for Class Certification (ECF Nos. #71 & #72 ), the Status Conference set for 5/24/2018 is VACATED and RESET for 8/2/2018 at 2:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due seven days prior. The court considers this new date firm. (Text Only Entry) (Schultz, C) |
| Filing 89 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In light of the pending Motion to Amend and Motion for Class Certification (ECF Nos. #71 & #72 ), the Status Conference set for 4/26/2018 is VACATED and RESET for 5/24/2018 at 2:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due seven days prior. (Text Only Entry) (Schultz, C) |
| Filing 88 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In light of the pending Motion to Amend and Motion for Class Certification (ECF Nos. #71 & #72 ), the Status Conference set for 3/15/2018 is VACATED and RESET for 4/26/2018 at 2:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due seven days prior. (Text Only Entry) (Schultz, C) |
| Filing 87 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In light of the pending Motion to Amend and Motion for Class Certification (ECF Nos. #71 & #72 ), the Status Conference set for 2/15/2018 is VACATED and RESET for 3/15/2018 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due seven days prior. (Text Only Entry) (Schultz, C) |
| Filing 86 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In light of the pending Motion to Amend and Motion for Class Certification (ECF Nos. #71 & #72 ), the Status Conference set for 1/18/2018 is VACATED and RESET for 2/15/2018 at 2:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due seven days prior. (Text Only Entry) (Schultz, C) |
| Filing 85 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Andrew Wolff for Roy Huskey, III,Andrew Wolff for Denika Terry, attorney Christopher David Beatty and David Lavine terminated (Wolff, Andrew) |
| Filing 84 NOTICE of APPEARANCE by Jesse Mica Newmark on behalf of Denika Terry. Attorney Newmark, Jesse Mica added. (Newmark, Jesse) |
| Filing 83 NOTICE of APPEARANCE by Jesse Mica Newmark on behalf of Roy Huskey, III. Attorney Newmark, Jesse Mica added. (Newmark, Jesse) |
| Filing 82 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In light of the pending Motion to Amend and Motion for Class Certification (ECF Nos. #71 & #72 ), the Status Conference set for 11/30/2017 is VACATED and RESET for 1/18/2018 at 2:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due seven days prior. (Text Only Entry)(Schultz, C) |
| Filing 81 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion and pursuant to Local Rule 230(g), Plaintiffs' Motion to Amend and Plaintiffs' Motion for Class Certification (ECF Nos. #71 & #72 ) are SUBMITTED without oral argument. Accordingly, the hearing date of 10/20/2017 is VACATED. If the court determines that oral argument is needed, it will be scheduled at a later date. (Text Only Entry) (Schultz, C) |
| Filing 80 REPLY BRIEF by Denika Terry in SUPPORT of #72 MOTION to CERTIFY CLASS. (Attachments: #1 Declaration, #2 Objection Letter)(Lavine, David) Modified on 9/18/2017 (Mena-Sanchez, L). |
| Filing 79 REPLY by Denika Terry in SUPPORT of #71 MOTION to AMEND the #66 Amended Complaint. (Lavine, David) Modified on 9/18/2017 (Mena-Sanchez, L). |
| NOTICE OF COMPLETION of VDRP. This case has completed the VDRP process. Case not settled.[TEXT ONLY ENTRY] (Crouch, J) |
| Filing 78 OPPOSITION by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc. to #72 MOTION to CERTIFY CLASS . (Attachments: #1 Declaration Dave Tanforan, #2 Declaration Warren Smith, #3 Declaration Joseph A. Salazar, Jr., #4 Declaration Jarom Johnson, #5 Declaration Shannon Fox)(Salazar, Joseph) |
| Filing 77 OPPOSITION by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc. to #71 Motion for leave to amend complaint. #66 (Attachments: #1 Declaration of Yoon-Woo Nam)(Salazar, Joseph) Modified on 9/13/2017 (Reader, L). |
| Filing 76 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Good cause appearing, the court GRANTS plaintiffs' Ex Parte Request (ECF No. #73 ) to continue the hearing on the Motion for Class Certification (ECF No. #72 ) to accommodate Mr. Lavine's religious observance of the holiday on 9/22/2017. The hearing on the pending Motion to Amend (ECF No. #71 ) is also currently set for 9/22/2017. Accordingly, the court CONTINUES the hearing on both motions to 10/20/2017 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. The motion briefing schedule for both motions, however, will remain unchanged. (Text Only Entry) (Schultz, C) |
| Filing 75 OPPOSITION to #73 Ex Parte Request to Continue by Defendants Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC, Wasatch Property Management, Inc. (Attachments: #1 Declaration of Yoon-Woo Nam, Exhibits 1-6) (Nam, Yoon-Woo) |
| Filing 74 AMENDED DECLARATION of David Lavine in support of #73 Motion to Continue. (Lavine, David) |
| Filing 73 PLAINTIFF'S EX PARTE APPLICATION to Reset Class Certification Motion (ECF No. #72 ) Hearing Date filed by Denika Terry. (Attachments: #1 Declaration of David Lavine, #2 Proposed Order) (Lavine, David) (Docket Text Modified on 9/7/2017 by C. Schultz) |
| Filing 72 MOTION to CERTIFY CLASS by Denika Terry. Motion Hearing set for 9/22/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum, #2 Declaration of R. Huskey III, #3 Declaration of D. Terry, #4 Declaration of J. Newmark , #5 Declaration of D. Lavine)(Lavine, David) Modified on 8/28/2017 (Kaminski, H). |
| Filing 71 MOTION to AMEND the #66 Amended Complaint by Denika Terry. Motion Hearing set for 9/22/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order)(Lavine, David) |
| Filing 70 ANSWER with Jury Demand by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc..(Nam, Yoon-Woo) |
|
Filing 69
ORDER signed by Magistrate Judge Deborah Barnes on 8/11/17 ORDERING that Defendants' 7/14/17 MOTION for leave to take additional depositions #59 is DENIED without prejudice to renewal; and Defendants' 7/21/17 MOTION for leave to take additional depositions #63 is DENIED without prejudice to renewal. (Mena-Sanchez, L)
|
| Filing 68 MINUTES (Text Only) for proceedings before Magistrate Judge Deborah Barnes: MOTION HEARING held on 8/11/2017 re #63 MOTION for DISCOVERY Leave to Take Additional Depositions filed by Wasatch Pool Holdings, LLC,, Chesapeake Commons Holdings, LLC, Wasatch Advantage Group, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Property Management, Inc. Court addressed parties as to procedures and compliance with local rules. Court addressed dfts' motion. Dfts' counsel argued in favor of granting motion. Pltfs' counsel noted for the court discovery closes 8/14/2017 and argued against dfts' motion on procedure and on the merits. After hearing of arguments, for reasons stated on the record, dfts' #63 Motion for Discovery Denied, subject to renewal without prejudice. Court to issue written order. Plaintiffs Counsel David Lavine, telephonic present. Defendants Counsel Yoon Nam present. Court Reporter/CD Number: ECRO/1. (Buzo, P) |
| Filing 67 DECLARATION of David Lavine re #65 Affidavit,. (Lavine, David) |
| Filing 66 SECOND AMENDED COMPLAINT against All Defendants by Denika Terry.(Lavine, David) |
| Filing 65 AFFIDAVIT of Yoon-Woo Nam re Discovery Disagreement by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc. (Nam, Yoon-Woo) |
|
Filing 64
ORDER signed by Magistrate Judge Deborah Barnes on 7/24/17 ORDERING that the 7/28/17 hearing of Defendants' MOTION for DISCOVERY #63 is CONTINUED to Friday 8/11/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. The parties shall file a Joint Statement re Discovery Disagreement on or before 8/4/17.(Mena-Sanchez, L)
|
| Filing 63 MOTION for Leave to Take Additional Depositions by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc.. Motion Hearing set for 7/28/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Yoon-Woo Nam)(Nam, Yoon) Modified on 7/25/2017 (Kaminski, H). |
| Filing 62 AFFIDAVIT re Discovery Dispute by All Defendants. (Nam, Yoon) Modified on 7/25/2017 (Kaminski, H). |
|
Filing 61
ORDER signed by District Judge Kimberly J. Mueller on 7/21/2017 GRANTING IN PART, DENYING IN PART #26 Motion to Dismiss; GRANTING the plaintiffs fourteen (14) days to file an amended complaint. (Michel, G.)
|
| Filing 60 MINUTE ORDER: (TEXT ONLY) by Courtroom Deputy for Magistrate Judge Deborah Barnes on 7/17/2017. IT IS HEREBY ORDERED: Due to the court's unavailability, defendants' #59 Motion for Discovery for Leave to Take Additional Depositions scheduled for hearing on 7/21/2017, at 10:00 a.m. before Magistrate Judge Deborah Barnes will not be heard as filed. Defendants' are directed to contact the courtroom deputy for available civil law and motion dates. Parties may appear at the hearing telephonically. To arrange telephonic appearance, the parties shall contact the undersigned no later than forty-eight hours before the scheduled hearing to make arrangements. I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case. (Buzo, P) |
| Filing 59 MOTION for DISCOVERY for Leave to Take Additional Depositions by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc.. Motion Hearing set for 7/21/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Yoon-Woo Nam)(Nam, Yoon) Modified on 7/17/2017 (Washington, S). |
| Filing 58 JOINT INFORMAL DISCOVERY DISPUTE LETTER BRIEF by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc.. (Nam, Yoon) Modified on 7/17/2017 (Washington, S). |
| Filing 57 MINUTE ORDER (Text Only) issued by Courtroom Deputy J. Streeter for Magistrate Judge Deborah Barnes on 7/10/2017: After the Courts review of the parties' joint letter brief, it finds that the matter is not appropriate for an informal telephonic discovery conference, and hereby VACATES the hearing set for 7/11/2017 at 1:30 PM. In addition, the Plaintiffs Motion for Protective Order (ECF No. #56 ) is defective as filed. Therefore, the hearing set for 7/11/2017 at 1:30 PM is hereby VACATED. Plaintiff's motion must be noticed in compliance with Local Rule 251. (Streeter, J) |
| Filing 56 JOINT INFORMAL DISCOVERY DISPUTE LETTER by Denika Terry. Motion Hearing set for 7/11/2017 at 01:30 PM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Lavine, David) Modified on 8/9/2017 (Buzo, P). |
| Filing 55 MINUTE ORDER: (TEXT ONLY) by Courtroom Deputy for Magistrate Judge Deborah Barnes on 7/5/2017. IT IS HEREBY ORDERED: On the court's own motion, and communication with counsel, an Informal Telephonic Discovery Conference is set for 7/11/2017 at 01:30 PM in the Chambers of Magistrate Judge Deborah Barnes. FURTHERMORE: Two days prior to the hearing, the parties shall file a joint letter briefly explaining what meet and confer efforts they have undertaken and providing a synopsis of the discovery dispute. The joint letter brief shall be no more than two (2) pages in length, including any exhibits or attachments (which are discouraged), and shall be in at least 12-point type. To access the conference call, parties are instructed to use the following: (877) 336-1828 (dial), 1864917 (access code).I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case. (Buzo, P) |
|
Filing 54
FIRST AMENDMENT TO THE #39 SCHEDULING ORDER signed by District Judge Kimberly J. Mueller on 4/13/2017 ORDERING that Discovery re Class Certification be completed by 8/14/2017; CONTINUING the Hearing on Class Certification to 9/22/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; CONTINUING the Status Conference to 11/30/2017 at 2:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Michel, G.) (Docket Text Modified on 4/14/2017 by C. Schultz: Status Conference time changed from 9:00 AM to 2:30 PM)
|
|
Filing 53
STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Deborah Barnes on 4/4/2017. (Washington, S)
|
| Filing 52 STIPULATION and PROPOSED PROTECTIVE ORDER by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc.. (Salazar, Joseph) Modified on 4/5/2017 (Washington, S). |
| Filing 51 STIPULATION and [PROPOSED] ORDER to Continue Class Certification Discovery Cut-off Hearing Dates by Plaintiffs and Defendants (Attachments: #1 Declaration of Joseph A. Salazar in Support of Stipulation)(Salazar, Joseph) Modified on 4/5/2017 (Mena-Sanchez, L). |
| Filing 50 (DISREGARD; REFER TO CORRECT FILING AT ECF NO. #52 ) STIPULATION and [PROPOSED] ORDER for Protective Order and Extending Class Cert Discovery Cut-Off by Plaintiffs and Defendants (Attachments: #1 Declaration of Joseph A. Salazar In Support of Protective Order)(Salazar, Joseph) (Modified on 4/5/2017 by L. Mena-Sanchez, L; Docket Text Modified on 4/7/2017 by C. Schultz) |
|
Filing 48
ORDER signed by Magistrate Judge Deborah Barnes on 03/24/17 ORDERING that plaintiffs' #47 Motion to Compel is GRANTED IN PART and DENIED IN PART: Motion to Compel Depositions is DENIED; Motion to Compel Further Responses and Production is GRANTED; by 04/14/17, defendants shall produce further responses and documents covering the past 6 years for all of defendants' facilities; defendants' production shall be made pursuant to a stipulated protective order. (Benson, A)
|
| Filing 49 MINUTES (Text Only)for proceedings before Magistrate Judge Deborah Barnes: MOTION HEARING held on 3/24/2017 re #47 Motion to Compel filed by Wasatch Pool Holdings, LLC,, Chesapeake Commons Holdings, LLC, Wasatch Advantage Group, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Property Management, Inc. Court addressed counsel as to issues of privacy, breadth, and deposition issue.Court addressed pltf's counsel if any depositions have been scheduled. Pltf's counsel addressed the court as stated on the record. Court stated it will not rule on an issue not before the court and pltf's motion for deposition denied as stated on the record.Court addressed privacy issue. Defense counsel addressed the court as stated on the record. After hearing, for reasons stated on the record, court directed parties to meet and confer on a stipulated protective order. Court addressed breadth issue of pltf's request going back 10 years. Pltf's counsel addressed court as stated on the record. After hearing, for reasons stated on the record, court ordered a look back of six years. Court also addressed the number of facilities pltf is seeking information about. Defense counsel addressed court with its concern. Pltf's motion to compel granted with respect to further responses and production. Dfts' ordered to produce six years of worth of responses and discovery by 4/14/2017, subject to the parties stipulated protective order. Pltf's motion to compel granted in regards to the information sought by the pltf's in regards to other properties at issue.Defense requested additional time of 45 days as production. Parties to meet and confer as to production date. Court to issue written order. Plaintiffs Counsel David Lavine, telephonic. Defendants Counsel Joseph Salazar, Yoon Nam present. Court Reporter/CD Number: Jonathan Anderson/1. (Buzo, P) |
| Filing 47 JOINT STATEMENT re Discovery Dispute; MOTION TO COMPEL by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc. Motion Hearing SET for 3/24/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Nam, Yoon) |
| Filing 46 MINUTE ORDER: (TEXT ONLY) by Courtroom Deputy for Magistrate Judge Deborah Barnes on 3/15/2017. IT IS HEREBY ORDERED: After review of the parties #45 Joint Informal Discovery Dispute Letter Brief, the Telephonic Discovery Conference set for 3/16/2017 at 11:00 AM, before Magistrate Judge Deborah Barnes is not appropriate for resolution by way of informal conference and the hearing is vacated. I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case. (Buzo, P) |
| Filing 45 JOINT INFORMAL DISCOVERY DISPUTE LETTER BRIEF re 43 Minute Order by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc. (Nam, Yoon) |
| Filing 44 INFORMAL DISCOVERY DISPUTE LETTER BRIEF per 43 Minute Order by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc. (Nam, Yoon) |
| Filing 43 MINUTE ORDER: (TEXT ONLY) by Courtroom Deputy for Magistrate Judge Deborah Barnes on 3/9/2017. IT IS HEREBY ORDERED: On the court's own motion, and communication with counsel, an Informal Telephonic Discovery Conference is set for 3/16/2017 at 11:00 AM in the Chambers of Magistrate Judge Deborah Barnes. FURTHERMORE: Forty-eight hours prior to the hearing, the parties shall file a joint letter briefly explaining what meet and confer efforts they have undertaken and providing a synopsis of the discovery dispute. The joint letter brief shall be no more than two (2) pages in length, including any exhibits or attachments (which are discouraged), and shall be in at least 12-point type. To access the conference call, parties are instructed to call the following form a land line: (877) 336-1828, and enter access code: 1864917. I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case. (Buzo, P) |
| Filing 42 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Upon stipulation of the parties (ECF No. #41 ) and with the approval of the court, the date by which the parties are to hold a Voluntary Dispute Resolution Program session with neutral V. Blair Shahbazian is continued until 8/31/2017. (Text Only Entry)(Schultz, C) |
| Filing 41 STIPULATION and PROPOSED ORDER for Continuance of VDRP Deadline re #39 Scheduling Order, by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc.. (Nam, Yoon) Modified on 3/1/2017 (Kaminski, H). |
| Filing 40 NOTICE OF APPOINTMENT from VDRP Administrator appointing Blair Shahbazian, of Murphy Austin Adams Schoenfeld LLP, as VDRP Neutral Attorney.[TEXT ONLY ENTRY] (Crouch, J) |
|
Filing 39
STATUS PRETRIAL SCHEDULING ORDER signed by District Judge Kimberly J. Mueller on 12/9/2016 ORDERING Initial disclosures as required by FRCP 26(a) shall be completed by within 14 day of the scheduling conference; Class certification discovery shall be completed by 4/14/2017; Hearing on class certification set for 5/19/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; Status Conference set for 8/25/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; and this matter is REFERRED to the court' ADR Coordinator, Sujean Park, for the convening of a VDRP session.(Reader, L)
|
| Filing 38 MINUTES for MOTION HEARING and SCHEDULING CONFERENCE held before District Judge Kimberly J. Mueller on 12/2/2016. Attorney, Christopher Beatty, present on behalf of plaintiffs. Centro Legal de la Raza Litigation Director, Jesse Newmark, present with plaintiffs' counsel. Attorney, Joseph Salazar, Jr. and Yoon Nam, present on behalf of defendants. Attorney, Vincente Tennerelli, present on behalf of Intervenor United States of America. Mr. Tennerelli confirmed Intervenor United States of America is not taking a position on the pending motion. After hearing oral argument as to defendants' Motion to Dismiss (ECF No. #26 ), the court took the matter under submission; a formal written order will issue. The court and counsel also discussed case scheduling; a formal scheduling order will issue. Based on the parties' interest in the court's Voluntary Dispute Resolution Program (VDRP), the court REFERRED this case to the court's ADR Coordinator, Sujean Park, for referral to VDRP. The court directed the parties contact Ms. Park as soon as practical and participate in a VDRP session within sixty days. Court Reporter: Kelly OHalloran. (Text Only Entry) (Schultz, C) |
| Filing 37 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Upon stipulation of the parties (ECF No. #36 ) and with the approval of the court, the hearing as to Defendants' Motion to Dismiss (ECF No. #26 ) and the Status (Pretrial Scheduling) Conference set for 11/18/2016 is VACATED and RESET for 12/2/2016 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C) |
| Filing 36 REVISED STIPULATION and PROPOSED ORDER for Continuance by Roy Huskey, III, Denika Terry. (Beatty, Christopher) |
| Filing 35 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The parties' stipulation to continue (ECF No. #34 ) is DENIED without prejudice to the filing of a more detailed stipulation that includes a showing of good cause for the requested continuance. (Text Only Entry)(Schultz, C) |
| Filing 34 STIPULATION and PROPOSED ORDER for Continuance by Roy Huskey, III, Denika Terry. (Beatty, Christopher) |
| Filing 33 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion, the hearing as to Defendants' Motion to Dismiss (ECF No. #26 ) and the Status (Pretrial Scheduling) Conference set for 11/4/2016 is VACATED and RESET for 11/18/2016 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C) |
| Filing 32 REPLY by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc. re #30 Opposition to #26 Motion to Dismiss. (Nam, Yoon) |
| Filing 31 JOINT STATUS REPORT by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, State of California, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC, Wasatch Property Management, Inc. Attorney Salazar, Joseph A. added. (Salazar, Joseph) |
| Filing 30 OPPOSITION by Roy Huskey, III, Denika Terry to #26 Motion to Dismiss. (Beatty, Christopher) Modified on 10/17/2016 (Washington, S). |
| Filing 29 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In the interest of judicial economy and on the court's own motion, the Status (Pretrial Scheduling) Conference set for 10/27/2016 is VACATED and RESET for 11/4/2016 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due seven days prior. (Text Only Entry)(Schultz, C) |
| Filing 28 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court is in receipt of Defendants' Motion to Dismiss (ECF No. #26 ). The motion is noticed for hearing on 10/28/2016, which is not an available law and motion date. Accordingly, the hearing on the motion is RESET for 11/4/2016 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) |
| Filing 27 ANSWER with Jury Demand by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc..(Nam, Yoon) |
| Filing 26 MOTION to DISMISS by Wasatch Advantage Group, LLC. Motion Hearing set for 10/28/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Yoon-Woo Nam)(Nam, Yoon) Modified on 10/17/2016 (Washington, S). |
| Filing 25 FIRST AMENDED COMPLAINT against All Defendants by Denika Terry.(Beatty, Christopher) |
| Filing 24 STIPULATION to Amend Class Action Complaint by Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc.. Attorney Nam, Yoon Woo added. (Attachments: #1 Exhibit-Amended Class Action Complaint, #2 Exhibits A-D, #3 Exhibits E-F, #4 Exhibits G-H)(Nam, Yoon) Modified on 8/29/2016 (Becknal, R). |
| Filing 23 DEMAND for TRIAL by JURY by Denika Terry. (Beatty, Christopher) |
|
Filing 22
ORDER REASSIGNING CASE by Chief Judge Lawrence J. O'Neill: Due to the appointment of *Magistrate Judge Deborah Barnes* to the bench of the Eastern District of California, this action is reassigned from *Magistrate Judge Allison Claire* to Magistrate Judge Deborah Barnes for all further proceedings. (Benson, A)
|
|
Filing 21
ORDER signed by District Judge Kimberly J. Mueller on 7/28/16. The court APPROVES the proposed redactions and orders they be deemed filed as the public version of ECF Nos. 5 and 9, and preserves the seal on the original unredacted documents, ECF Nos. 5 & 9.(Mena-Sanchez, L)
|
| Filing 20 REQUEST for Redaction of Sealed Documents by United States of America re #19 Order,. (Tennerelli, Vincente) |
|
Filing 19
ORDER signed by District Judge Kimberly J. Mueller on 07/06/2016 DISCHARGING the order to show cause, ECF No. 15, and the United States' request to preserve the seal on the documents dated 6/10/2015 and 12/18/2015, ECF Nos. 5 and 9, is GRANTED. This order is subject to the condition that the United States shall file, within 7 days, proposed redacted versions of those sealed documents, subject to the court's approval. (Jackson, T)
|
| Filing 18 RESPONSE to ORDER to SHOW CAUSE by United States of America. (Tennerelli, Vincente) |
| Filing 17 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/27/2016 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Reader, L) |
| Filing 16 SUMMONS ISSUED as to *Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP, Wasatch Advantage Group, LLC, Wasatch Pool Holdings, LLC,, Wasatch Property Management, Inc.* with answer to complaint due within *21* days. Attorney *Chris Beatty* *Law Offices of Andrew Wolff, PC* *1970 Broadway, Suite 210* *Oakland, California 94612*. (Reader, L) |
| Filing 1 QUI TAM COMPLAINT against all defendants by Roy Huskey, III, Denika Terry. (Attachments: #1 Civil Cover Sheet) (Michel, G.) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
