Heidrich, et al v. Pennymac Financial Services, Inc., et al.,
| Heidrich, Erich Heidrich, Eric Kidd, Maria Angelica Castro and Justin Roberson |
| Pennymac Financial Services, Inc,, Pennymac Financial Services, Inc., Pennymac Mortgage Investment Trust and Private National Mortgage Acceptance Co. |
| 2:2016cv02821 |
| November 28, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F Brennan |
| Troy L Nunley |
| Jeremy D Peterson |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 59
ORDER signed by District Judge Troy L. Nunley on 01/02/23 GRANTING #47 Motion to Dismiss and DENYING as MOOT #54 Motion Toll the Statute of Limitations. Plaintiffs shall file their amended complaint not later than 30 days from the electronic filing date of this Order. Defendants shall file their responsive pleading not later than 21 days from the filing of the amended complaint. (Licea Chavez, V)
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| Filing 58 STATEMENT of Recent Decision in Connection with Defs' Pending #47 Motion to Dismiss by Plaintiffs Maria Angelica Castro, Erich Heidrich, Eric Kidd, Justin Roberson. (Baker, Christopher) Modified on 3/2/2022 (Zignago, K.). |
| Filing 57 REPLY by Plaintiffs re #54 Motion. (Attachments: #1 Declaration of Chris Baker, #2 Evidentiary Objections to the Declaration of E. Sean McLoughlin)(Baker, Christopher) Modified on 1/21/2022 (Mena-Sanchez, L). |
| Filing 56 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 1/14/2022: On the Court's own motion, Plaintiffs' Motion to Toll Statute of Limitations for Claims under the FLSA (ECF No. #54 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 1/27/2022 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. Plaintiffs may still file a reply brief in accordance with Local Rule 230(d) and the 1/27/2022 date. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 55 OPPOSITION by Pennymac Financial Services, Inc., etal., to #54 Motion to toll the statute of limitations for claims under the FLSA. Attorney Michela, Patrick Edward added. (Attachments: #1 Declaration)(Michela, Patrick) Modified on 1/14/2022 (Kastilahn, A). |
| Filing 54 MOTION to toll the statute of limitations for claims under the FLSA by Plaintiffs. Motion Hearing SET for 1/27/2022 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Declaration of Robert A. Dolinko)(Dolinko, Robert) Modified on 12/22/2021 (Mena-Sanchez, L). |
| Filing 53 NOTICE of NEW AUTHORITY by All Plaintiffs re #48 Opposition to Motion. (Dolinko, Robert) |
| Filing 52 DECLARATION of Brandon Sweeney in opposition to #47 Motion to Dismiss. (Baker, Christopher) Modified on 11/29/2021 (Benson, A.). |
| Filing 51 REPLY by Pennymac Financial Services, Inc., et al., re #47 Motion to Dismiss. (Attachments: #1 Objections to Evidence)(McLoughlin, E. Sean) |
| Filing 50 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 11/5/2021: On the Court's own motion, Defendants' Motion to Dismiss and Motion to Strike (ECF No. #47 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 11/18/2021 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. Defendants may still file a reply brief in accordance with Local Rule 230(d) and the 11/18/2021 date. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 49 REQUEST for JUDICIAL NOTICE in support of #48 Opposition by All Plaintiffs. (Dolinko, Robert) Modified on 11/5/2021 (Huang, H). |
| Filing 48 OPPOSITION to #47 Motion to Dismiss by All Plaintiffs. (Attachments: #1 Declaration)(Dolinko, Robert) Modified on 11/5/2021 (Huang, H). |
| Filing 47 MOTION to DISMISS and MOTION to STRIKE PORTIONS of #46 Second Amended Complaint by Pennymac Financial Services, Inc., Pennymac Mortgage Investment Trust, Private National Mortgage Acceptance Co. Attorney McCarthy, Daniel Joseph added. Motion Hearing set for 11/18/2021 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Request for Judicial Notice)(McCarthy, Daniel) Modified on 10/8/2021 (York, M). |
| Filing 46 SECOND AMENDED COMPLAINT against All Defendants by Justin Roberson, Erich Heidrich, Eric Kidd, Maria Angelica Castro.(Baker, Christopher) |
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Filing 45
ORDER signed by District Judge Troy L. Nunley on 9/13/2021 GRANTING #39 Motion to Amend the Complaint; DENYING as moot #18 Motion to Toll the Statute of Limitations. Plaintiffs may file the amended pleading not later than thirty (30) days from the electronic filing date of this Order. Defendants shall file a responsive pleading not later than twenty-one (21) days after the electronic filing date of Plaintiff's Second Amended Complaint. (Zignago, K.)
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Filing 44
ORDER by Chief Judge Kimberly J. Mueller: The Court having considered the equitable division and efficient and economical determination of court business, hereby reassigns this case from Magistrate Judge *Edmund F. Brennan* to *Magistrate Judge Jeremy D. Peterson* for all further proceedings. As of October 1, 2020, Magistrate Judge Jeremy D. Peterson is reassigned to the Sacramento Division of the Eastern District of California. (Zignago, K.)
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| Filing 43 REPLY by Maria Angelica Castro, Erich Heidrich, Eric Kidd, Justin Roberson re #39 Motion to Amend the Complaint/Petition,. (Dolinko, Robert) |
| Filing 42 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 4/28/2020: On the Court's own motion, Plaintiffs' Motion for Leave to File Second Amended Complaint (ECF No. #39 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 5/14/2020 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. Plaintiffs may still file a reply brief in accordance with Local Rule 230(d) and the 5/14/2020 date. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 41 OPPOSITION by Pennymac Financial Services, Inc., Pennymac Mortgage Investment Trust, Private National Mortgage Acceptance Co. to #39 Motion to Amend the Complaint/Petition,. Attorney Turner, Michael S. added. (Turner, Michael) |
| Filing 40 UPDATED JOINT STATUS REPORT by Maria Angelica Castro, et al. (Baker, Christopher) Modified on 4/10/2020 (Huang, H). |
| Filing 39 MOTION for LEAVE to FILE SECOND AMENDED COMPLAINT by All Plaintiffs. Attorney Dolinko, Robert A. added. Motion Hearing set for 5/14/2020 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Declaration)(Dolinko, Robert) Modified on 4/7/2020 (Huang, H). |
| Filing 38 REQUEST for the Court to issue a decision re Motion to Dismiss issues not Affected by 9th Circuit's 2/7/20 Decision by Pennymac Financial Services, Inc. et al. (McLoughlin, E. Sean) Modified on 3/16/2020 (Krueger, M). |
| Filing 37 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 3/9/2020: In light of the Ninth Circuit's Mandate (ECF No. #34 ), Plaintiffs' Motion for an Indicative Ruling is DENIED as MOOT, and the Court hereby ORDERS the parties' to file an Updated Rule 26(f) Joint Status Report within thirty (30) days. Plaintiffs' fully briefed Motion to Toll Statute of Limitations for Claims under the FLSA (ECF No. #18 ) is hereby reinstated on the Court's calendar and the MOTION is SUBMITTED. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 36 NOTICE of Mandate and Request for Deadline to File Updated Joint Status Report and for FRCP Rule 16 Conference and/or Order, and for Ruling on Plaintiffs Tolling Motion. (Baker, Christopher) |
| Filing 35 NOTICE of APPEARANCE by Robert A. Dolinko on behalf Plaintiffs. Attorney Dolinko, Robert A. added. (Dolinko, Robert) |
| Filing 34 USCA MANDATE as to #25 Notice of Appeal filed by Erich Heidrich et al. The #33 USCA Memorandum takes effect this date. Costs are taxed against the appellee in the amount of $128.80. (Coll, A) |
| Filing 33 USCA MEMORANDUM as to #25 Notice of Appeal filed by Erich Heidrich, Eric Kidd, Maria Angelica Castro. The decision of the District Court is REVERSED. The district court declined to exercise supplemental jurisdiction over the employees' state-law claims for the sole reason that it had dismissed all federal claims before it. Because we reverse the district court's order dismissing the employees' federal claims, we also reverse as to their state-law claims. CASE REOPENED. (York, M) |
| Filing 32 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 6/20/2019: On the Court's own motion, Plaintiffs' Motion for an Indicative Ruling (ECF No. #29 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 6/27/2019 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 31 REPLY by Maria Angelica Castro, Erich Heidrich, Eric Kidd re #29 Motion for an Indicative Ruling. (Baker, Christopher) |
| Filing 30 OPPOSITION by Pennymac Financial Services, Inc. to #29 Motion for an Indicative Ruling. (McLoughlin, E. Sean) |
| Filing 29 MOTION for an INDICATIVE RULING by Maria Angelica Castro, Erich Heidrich, Eric Kidd. Motion Hearing set for 6/27/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Declaration, #2 Proposed Order) (Baker, Christopher) Modified on 5/30/2019 (York, M). |
| Filing 28 USCA CASE NUMBER 18-16494 for #25 Notice of Appeal filed by Erich Heidrich, Eric Kidd, Maria Angelica Castro. (York, M) |
| Filing 27 APPEAL PROCESSED to Ninth Circuit re #25 Notice of Appeal filed by Erich Heidrich, Eric Kidd, Maria Angelica Castro. Notice of Appeal filed *8/7/2018*, Complaint filed *11/28/2016* and Appealed Order / Judgment filed *7/11/2018*. Court Reporter: *N/A*. *Fee Status: Paid on 8/7/2018 in the amount of $505.00* (Attachments: #1 Appeal Information) (Washington, S) |
| Filing 26 REPRESENTATION STATEMENT by Maria Angelica Castro, Erich Heidrich, Eric Kidd, Justin Roberson re #25 Notice of Appeal,. (Baker, Christopher) Modified on 8/10/2018 (Washington, S). |
| Filing 25 NOTICE of APPEAL by Maria Angelica Castro, Erich Heidrich, Eric Kidd as to #24 Order. (Filing fee $ 505, receipt number 0972-7800828) (Baker, Christopher) Modified on 8/8/2018 (Washington, S). |
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Filing 24
ORDER signed by District Judge Troy L. Nunley on 7/9/2018 GRANTING Defendants' #9 Motion to Compel Arbitration and DISMISSING the FLSA claim. The Court DECLINES to exercise supplemental jurisdiction over Plaintiffs' state law claims, which are DISMISSED without prejudice. Plaintiffs' #18 Motion to Toll the Statute of Limitations is DENIED as moot. CASE CLOSED. (York, M) Modified on 8/8/2018 (Washington, S).
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| Filing 23 NOTICE of CHANGE of ADDRESS by Christopher D. Baker. (Baker, Christopher) |
| Filing 22 REPLY by Maria Angelica Castro, Erich Heidrich, Eric Kidd re #18 Motion to Toll Statute of Limitations. (Baker, Christopher) |
| Filing 21 NOTICE of CONSENT to SUE by Justin Roberson. Attorney Baker, Christopher D. added. (Baker, Christopher) |
| Filing 20 OPPOSITION by Pennymac Financial Services, Inc., Pennymac Mortgage Investment Trust, Private National Mortgage Acceptance Co. to #18 Motion to Toll Statute of Limitations. (McLoughlin, E. Sean) |
| Filing 19 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 1/29/2018: On the Court's own motion, Plaintiffs' Motion to Toll Statute of Limitations for Claims under FLSA (ECF No. #18 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 2/22/2018 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. All briefing shall be filed in accordance with Local Rule 230(c) and (d) and the 2/22/2018 date. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 18 MOTION to TOLL STATUTE of LIMITATIONS for claims under FLSA by Maria Angelica Castro, Erich Heidrich, Eric Kidd. Motion Hearing set for 2/22/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Proposed Order)(Baker, Christopher) |
| Filing 17 NOTICE OF NEW AUTHORITY re #9 Motion to Compel, Motion to Dismiss, #10 Opposition by all plaintiffs. (Baker, Christopher) |
| Filing 16 NOTICE OF NEW AUTHORITY re #9 Motion to Compel, Motion to Dismiss, #14 Reply by all defendants. (Attachments: #1 Exhibit) (McLoughlin, E. Sean) |
| Filing 15 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 3/17/2017: On the Court's own motion, Defendants' Motion to Compel Arbitration and Dismiss Action, or alternatively, Motion to Stay (ECF No. #9 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 3/23/2017 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 14 REPLY by Pennymac Financial Services, Inc., Pennymac Mortgage Investment Trust, Private National Mortgage Acceptance Co. re #9 MOTION to COMPEL, MOTION to DISMISS, or Alternatively MOTION for STAY. (Attachments: #1 Defendants' Objections to Plaintiffs' Request for Judicial Notice)(McLoughlin, E. Sean) |
| Filing 13 MINUTE ORDER issued by Judicial Assistant, D. Morrison for District Judge Troy L. Nunley on 03/14/2017: The parties filed a Joint Status Report on March 10, 2017 as required by the Court's order requiring joint status report. A review of the docket shows pending motions. Accordingly, the Court will defer the scheduling of this action until after the issuance of an order on the motions. (TEXT ONLY ENTRY) (Morrison,D.) |
| Filing 12 JOINT STATUS REPORT by Pennymac Financial Services, Inc., Pennymac Mortgage Investment Trust, Private National Mortgage Acceptance Co.. (Higgins, Warren) |
| Filing 11 REQUEST for JUDICIAL NOTICE by Maria Angelica Castro, Erich Heidrich, Eric Kidd in re #10 Opposition to Motion. (Baker, Christopher) |
| Filing 10 OPPOSITION by Maria Angelica Castro, Erich Heidrich, Eric Kidd to #9 MOTION to COMPEL, MOTION to DISMISS, or Alternatively MOTION for STAY. (Attachments: #1 Declaration Declaration of Chris Baker)(Baker, Christopher) |
| Filing 9 MOTION to COMPEL ARBITRATION, MOTION to DISMISS, or Alternatively MOTION for STAY by Pennymac Financial Services, Inc., Pennymac Mortgage Investment Trust, and Private National Mortgage Acceptance Co. (Attachments: #1 Declaration of Christopher G. Long in and Exhibits 1-7, #2 Declaration of Warren J. Higgins and Exhibit 8, #3 Request for Judicial Notice, #4 Proposed Order)(Higgins, Warren) Modified on 2/13/2017 (Jackson, T). |
| Filing 8 STIPULATION To Extend Time to Respond to First Amended Complaint by Pennymac Financial Services, Inc., Pennymac Mortgage Investment Trust, Private National Mortgage Acceptance Co.. Attorney Higgins, Warren added. (Higgins, Warren) |
| Filing 7 SUMMONS RETURNED EXECUTED: Private National Mortgage Acceptance Co. served on 1/9/2017, answer due 1/30/2017. (Baker, Christopher) |
| Filing 6 SUMMONS RETURNED EXECUTED: Pennymac Mortgage Investment Trust served on 1/9/2017, answer due 1/30/2017. (Baker, Christopher) |
| Filing 5 SUMMONS RETURNED EXECUTED: Pennymac Financial Services, Inc. served on 1/9/2017, answer due 1/30/2017. (Baker, Christopher) |
| Filing 4 FIRST AMENDED COMPLAINT against All Defendants by Erich Heidrich, Eric Kidd, Maria Angelica Castro.(Baker, Christopher) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Benson, A) |
| Filing 2 SUMMONS ISSUED as to *Pennymac Financial Services, Inc., Pennymac Mortgage Investment Trust, Private National Mortgage Acceptance Co.* with answer to complaint due within *21* days. Attorney *Christopher D. Baker* *Baker Curtis & Schwartz, P.C.* *44 Montgomery St., Ste. 3520* *San Francisco, CA 94104*. (Benson, A) |
| Filing 1 COMPLAINT against All Defendants by all plaintiffs. (Filing fee $ 400, receipt number 0972-6794481) (Attachments: #1 Civil Cover Sheet)(Baker, Christopher) |
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