Westfall v. Ball Metal Beverage Container Corporation
| Robert Westfall |
| Ball Metal Beverage Container Corporation |
| 2:2016cv02632 |
| November 3, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Gregory G. Hollows |
| Kimberly J. Mueller |
| Other Labor Litigation |
| 28 U.S.C. ยง 1446 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
135
RELATED CASE ORDER signed by Chief District Judge Kimberly J. Mueller on 08/16/22 RELATING Cases 2:16-cv-02632 Westfall et al v. Ball Metal Beverage and 2:21-cv-1049 Martin v. Ball Metal Beverage.(Licea Chavez, V)
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Filing
130
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/5/2022 GRANTING 129 Motion for leave to file sur-reply to objectors' request for discovery and to this Court' Order to Show Cause, not to exceed 5 pages, within 7 days of this order. (Reader, L)
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Filing
108
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 2/8/22 RESETTING the final approval hearing to 5/27/22. The Motion for Final Approval and Motion for Award of Attorneys' Fees and Costs shall be filed 40 days in advance of the new Final Approval Hearing date. (Kastilahn, A)
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Filing
106
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/2/2021 GRANTING MODIFICATION re 104 Order on Motion for Preliminary Injunction to change the settlement administrator entered into by Plaintiff Robert Westfall as the Representative Plaintiff (on behalf of himself and each member of the Settlement Class) and Defendant Ball Metal Beverage Container Corp. Under the facts and circumstances of this case, as presented by the parties, this court approves the substitution of Kroll Settlement Administration for Heffler Claims Group as the Settlement Administrator. (Mena-Sanchez, L)
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Filing
104
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/16/2021 GRANTING 96 Motion for Preliminary Approval; DISMISSING doe defendants; GRANTING preliminary approval of the settlement; PRELIMINARILY APPROVING the class definitions, Stip. 1. 2, 1.1415, and the settlement of the collective claims under California law; APPROVING and APPOINTING Heffler Claims Group as Settlement Administrator; APPROVING and APPOINTING attorneys Matthew Eason and Kyle Tambornini of Eason & Tambornini, ALC to represent the Settlement Class as Class Counsel; APPROVING the Notice of Settlement; and SETTING the following schedule: BMBC to provide class member data within 45 days. Heffler Claims Group to mail Notice Packets to California Class and Collecti ve Members within 30 days after delivery of class data. Class members shall have 45 days from the mailing of notice packets to opt-out and/or submit disputes concerning class member status or workweeks calculated. Class members shall submit and obje ctions within 45 days of the mailing of notice packets. Plaintiff's motion for final approval and attorney's fees and costs shall be filed days in advance of the final approval hearing. The Final Approval Hearing is set for 3/25/2022. (Coll, A)
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Filing
93
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/29/2019 GRANTING in PART 91 Motion for Relief from 10-Deposition Limit. (Washington, S)
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Filing
89
ORDER signed by District Judge Kimberly J. Mueller on 2/28/19 ORDERING the Parties shall submit the discovery dispute referenced in the above stipulation, for resolution by Magistrate Judge Carolyn K. Delaney pursuant to Civil Local Rule 251; All cu rrent pre-trial deadlines are vacated; and Within fourteen (14) days of Judge Delaney's ruling on the Parties' discovery dispute, the Parties shall submit a joint report re pre-trial schedule, to include dates for fact and expert discovery cutoff, motion cutoffs, and trial. (Becknal, R)
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Filing
86
ORDER signed by District Judge Kimberly J. Mueller on 1/14/2019 IT IS ORDERED that Defendant's 76 ) Motion is deemed WITHDRAWN, without prejudice for Defendant to seek similar or related relief in the future. Within 14 days of the Court's ruling on 59 Plaintiffs' pending Motion for Reconsideration, Defendant shall provide Plaintiffs with a proposed class discovery plan, to include proposals regarding the number, length, and anticipated topics of class member depositions. Within 14 days of receiving Defendant's plan, Plaintiffs shall give a written response indicating whether they agree to the plan or whether, if they dispute any aspect of it, and the factual basis for any such dispute. (Reader, L)
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Filing
83
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/24/18 WITHDRAWING 76 Motion to Compel. (Kaminski, H)
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Filing
79
JOINT FURTHER SCHEDULING STIPULAION and ORDER signed by District Judge Kimberly J. Mueller on 6/13/2018 ORDERING that: 76 Motion to Compel is off-calendar. Defendant may submit a motion seeking relief from discovery limits on or before 8/24/2018; T he Court will defer ruling on 56 Motion for Reconsideration until after 8/17/2018; The Deadline for parties to report to the Court regarding the status of mediation and settlement due by 8/17/2018; Fact Discovery deadline CONTINUED to 11/30/2018; D isclosure of expert witnesses/signed reports CONTINUED to 12/28/2018; Supplemental expert witness disclosures CONTINUED to 1/25/2019; Completion of expert discovery CONTINUED to 2/22/2019; and Deadline for hearing on dispositive motions CONTINUED to 3/29/2019. (Hunt, G)
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Filing
77
JOINT FURTHER SCHEDULING STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/4/18 ORDERING that the deadlines for Defendant to file Motions to Compel a trial plan, are continued to 6/8/18. By 6/1/18, the Parties shall file a joint report on the status of scheduling a further mediation, including whether any further continuances of the 6/8/18 deadline are warranted. (Mena-Sanchez, L)
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Filing
54
ORDER signed by District Judge Kimberly J. Mueller on 2/2/2018 GRANTING IN PART and DENYING IN PART 27 Motion to Certify Class. As to the 1st, 2nd, 3rd, 6th and 7th claims, the court finds plaintiffs have satisfied the requirements of Rule 23(a) and (b) to allow class certification. The court therefore GRANTS IN PART plaintiffs' motion for class certification as to these claims, and otherwise DENIES the motion. (York, M)
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Filing
51
SCHEDULING STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 12/13/2017 APPROVING the parties' proposal except that the Further Status Conference is set for 1/18/2018, at 02:30 PM, in Courtroom 3 (KJM), before District Judge Kimberly J. Mueller. All other dates contained within the 15 Order are VACATED. (York, M)
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Filing
37
ORDER signed by District Judge Kimberly J. Mueller on 08/10/17 ORDERING that the 35 Request to Seal Document is DENIED without prejudice to refiling of a properly supported request by Ball. If any party to this action again files such an unsupported request to seal, the court cautions it will be required to show cause why it should not be subject to monetary sanctions. (Benson, A.)
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Filing
24
STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 6/29/2017 ORDERING the plaintiff to file a Motion for Class Certification by 7/28/2017; ORDERING the defendants to file an opposition to said motion by 8/28/2017; ORDERING the plaintiff to file any reply be 9/12/2017; ORDERING that the Motion for Class Certification be noticed for hearing on 9/22/2017 at 10:00 AM. (Michel, G.)
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Filing
18
STIPULATED PROTECTIVE ORDER signed by District Judge Kimberly J. Mueller on 3/30/17. (Kaminski, H)
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Filing
15
STATUS (PRETRIAL SCHEDULING) ORDER: CLASS CERTIFICATION PHASE signed by District Judge Kimberly J. Mueller on 2/6/17: Designation of Expert Witnesses due by 1/31/2018. Discovery due by 12/31/2017. Class Certification Motion shall be filed by 6/30/1 7. Opposition, if any, shall be filed by 7/28/17. Reply to Opposition, if any, shall be filed by 8/11/17. Hearing on Motion is set for 9/8/17, at 10:00 a.m. Further Status Conference set for 1/4/2018 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Kaminski, H)
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| Plaintiff: Robert Westfall | |
| Represented By: | Matthew R. Eason |
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| Defendant: Ball Metal Beverage Container Corporation | |
| Represented By: | Christopher M. Ahearn |
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