Goebel v. Stranded LLC et al
| David Goebel |
| Deon L. Taylor, Paula Patton, Roxanne Taylor and Stranded LLC |
| 2:2017cv01565 |
| July 27, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F Brennan |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 30, 2019. A more recent docket listing may be available from PACER.
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Filing 56
ORDER signed by Magistrate Judge Edmund F. Brennan on 09/30/19, pursuant to #55 Stipulation, DISMISSING action with prejudice, save for the Private Attorney General Act Claim that is DISMISSED without prejudice by operation of law, with all parties to bear their own attorneys' fees and costs. CASE CLOSED (Benson, A.)
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| Filing 55 STIPULATION of DISMISSAL by David Goebel. (Attachments: #1 Proposed Order)(Harris, D.) |
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Filing 54
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/10/2019 ORDERING that dispositional documents are to be filed not later than 30 days from the date of this order. All hearing dates heretofore set in this matter, including the 9/11/2019 hearing on plaintiffs' #51 motion for sanctions, are VACATED. The Clerk is directed to terminate all pending motions. (Reader, L)
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| Filing 53 NOTICE of SETTLEMENT by David Goebel. Dispositional Docs due by 10/3/2019. (Harris, D.) |
| Filing 52 OPPOSITION by Paula Patton, Stranded LLC, Deon L. Taylor, Roxanne Taylor to #51 Motion for Sanctions. (Fry, Christopher) |
| Filing 51 MOTION for SANCTIONS by David Goebel. Motion Hearing set for 9/11/2019 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: #1 Declaration of Alan Harris; Exhibits 1-3, #2 Declaration of Min Ji Gal)(Harris, D.) |
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Filing 50
MINUTE ORDER: Defendants' have filed an ex parte application for an emergency protective order seeking to prevent depositions noticed by plaintiff David Goebel from being conducted outside the Eastern District of California. #46 Plaintiff Goebel served the deposition notices on June 28, 2019, with the earliest of the depositions at issue set for July 18, 2019. #47 at 10-24. Defendants, rather than immediately filing a motion pursuant to Local Rule 251 together with an application for an order shortening time (see E.D. Cal. L.R. 144), waited until July 16, 2019, just two days before two of the scheduled depositions, to seek relief. Consequently, defendants' motion for a protective order is untimely and is therefore denied. Ordered by Magistrate Judge Edmund F. Brennan on July 17, 2019. (Text only entry)(Cannarozzi, N)
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| Filing 49 TRANSCRIPT of Proceedings regarding Motions for Summary Judgment held on 6/12/2019, before Magistrate Judge Edmund F. Brennan, filed by Relief Courtroom Deputy J. Fabillaran, Phone number 916-930-4283 E-mail jfabillaran@caed.uscourts.gov. 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 8/8/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/18/2019. (Fabillaran, J) |
| Filing 48 OPPOSITION by Plaintiff David Goebel to #46 Ex Parte Application. (Harris, D.) |
| Filing 47 DECLARATION of Alan Harris in Opposition re #46 Ex Parte Application. (Harris, D.) |
| Filing 46 EX PARTE APPLICATION by Defendants for Emergency Protective Order Re Out of District Depositions. (Attachments: #1 Proposed Order)(Fry, Christopher) Modified on 7/17/2019 (Mena-Sanchez, L). |
| Filing 45 NOTICE of Filing Proof of Service of Subpoena to Testify at a Deposition in a Civil Action to Perry Ghilarducci by David Goebel. (Harris, D.) |
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Filing 44
ORDER AFTER HEARING signed by Magistrate Judge Edmund F. Brennan on 6/19/19 GRANTING #30 Motion to modify the scheduling order. Discovery due by 10/10/2019. Designation of Expert Witnesses due by 6/28/2019. All pretrial motions, except motions to compel discovery, shall be heard no later than 12/11/2019. Final Pretrial Conference set for 2/12/2020 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Jury Trial set for 5/19/2020 at 09:30 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. #31 Motion for Summary Judgment and #32 Motion for partial Summary Judgment are denied without prejudice to renewal after the close of discovery. Plaintiffs' motion for partial summary judgment as to defendant Stranded LLC is submitted for decision. (Kaminski, H)
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| Filing 43 TRANSCRIPT REQUEST by David Goebel for proceedings held on 6/12/2019 before Judge Edmund F. Brennan. Court Reporter ECRO Jonathan Anderson. (Harris, D.) |
| Filing 42 MINUTES (Text Only) for proceedings MOTIONS HEARING held on 6/12/2019. before Magistrate Judge Edmund F. Brennan: All parties present. The Court discussed the pending motions with the parties. Arguments heard. After consideration and for the reasons as stated on the record, the Court granted Defts' Motion to continue trial and related dates #30 . New deadline and hearing dates were set on the record. The Court denied without prejudice the Motions for Summary Judgment #31 , #32 , with exception of the Stranded LLC issue, which was submitted. Court order to issue. Plaintiffs Counsel D. Alan Harris present. Defendants Counsel Christopher Fry present. Court Reporter/CD Number: ECRO. (Cannarozzi, N) |
| Filing 41 REPLY by David Goebel re #32 Motion for Summary Judgment. (Attachments: #1 Proposed Order)(Harris, D.) |
| Filing 40 REPLY by Paula Patton to #31 Motion for Summary Judgment. (Attachments: #1 Objection) (Fry, Christopher) Modified on 6/5/2019 (York, M). |
| Filing 39 OPPOSITION by David Goebel to #31 Motion for Summary Judgment. (Attachments: #1 Responses to Separate Statement, #2 Evidentiary Objections, #3 Declaration of Alan Harris, #4 Declaration of David Goebel, #5 Declaration of Jon Katzman)(Harris, D.) Modified on 5/31/2019 (Becknal, R). |
| Filing 38 OPPOSITION by Paula Patton, Stranded LLC, Deon L. Taylor, Roxanne Taylor to #32 Motion for Summary Judgment. (Attachments: #1 Objection Letter)(Fry, Christopher) Modified on 5/31/2019 (Becknal, R). |
| Filing 37 REPLY in support of #30 Motion to Continue by Paula Patton, et al. (Fry, Christopher) Modified on 5/24/2019 (Huang, H). |
| Filing 36 OPPOSITION by David Goebel to #30 Motion to Continue. (Attachments: #1 Declaration of Alan Harris, #2 Exhibits 1-7)(Harris, D.) Modified on 5/24/2019 (Benson, A.). |
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Filing 35
MINUTE ORDER: Plaintiff shall file a response to Defendants' Motion to Continue Trial and Related Dates #30 by close of business on May 22, 2019. Defendants' reply, if any, shall be due by close of business on May 24, 2019. Ordered by Magistrate Judge Edmund F. Brennan on May 20, 2019. (Text only entry)(Cannarozzi, N)
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| Filing 34 REQUEST for JUDICIAL NOTICE by David Goebel in re #32 Motion for Summary Judgment,. (Harris, D.) |
| Filing 33 DECLARATION of Alan Harris in support of #32 Motion for Summary Judgment. (Attachments: #1 Exhibit 3-17, #2 Exhibit 18-22, #3 Exhibit 23-25, #4 Exhibit 26-29)(Harris, D.) |
| Filing 32 MOTION FOR SUMMARY JUDGMENT by David Goebel. Motion Hearing set for 6/12/2019 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: #1 Statement of Undisputed Facts, #2 Declaration of David Goebel, #3 Declaration of Garry Markowitz, #4 Declaration of Jon Katzman)(Harris, D.) |
| Filing 31 MOTION FOR SUMMARY JUDGMENT by Paula Patton. Motion Hearing set for 6/12/2019 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: #1 Declaration of Paula Patton, #2 Declaration of Roxanne Taylor, #3 Declaration of Deon Taylor)(Fry, Christopher) |
| Filing 30 MOTION to CONTINUE Trial and Certain Related Dates by defendants. Motion Hearing set for 6/12/2019 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: #1 Proposed Order)(Fry, Christopher) Modified on 5/15/2019 (Becknal, R). |
| Filing 29 THIRD NOTICE of Filing FLSA Opt-In by David Goebel. (Gal, Min) Modified on 11/20/2018 (Reader, L). |
| Filing 28 SECOND NOTICE of Filing FLSA Opt-In by David Goebel. (Gal, Min) Modified on 11/20/2018 (Reader, L). |
| Filing 27 NOTICE of Filing Fair Labor Standards Act Opt-In Forms by David Goebel. Attorney Gal, Min Ji added. (Gal, Min) |
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Filing 26
STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Edmund F. Brennan on 5/2/18: Discovery due by 4/19/2019. Designation of Expert Witnesses due by 1/18/2019. Dispositive Motions filed by 6/12/2019. Final Pretrial Conference set for 8/21/2019 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Jury Trial set for 11/5/2019 at 09:30 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Kaminski, H)
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Filing 25
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 5/2/18. (Kaminski, H)
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| Filing 24 STIPULATION and PROPOSED ORDER for Protective Order by Paula Patton, Stranded LLC, Deon L. Taylor, Roxanne Taylor. (Fry, Christopher) |
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Filing 23
CONSENT ORDER signed by District Judge Troy L. Nunley on 2/27/2018. REASSIGNING CASE for all purposes to Magistrate Judge Edmund F. Brennan. The parties shall take note that all documents hereafter filed with the Clerk of the Court shall bear case number 2:17-cv-01565-EFB. All currently scheduled dates presently set before Judge Nunley are hereby VACATED. (Washington, S)
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| Filing 22 JOINT STATUS REPORT by David Goebel. (Harris, D.) |
| Filing 21 ANSWER with Jury Demand by Paula Patton.(Fry, Christopher) |
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Filing 20
ORDER signed by District Judge Troy L. Nunley on 2/12/2018 ORDERING Defendant Paula Patton's default status shall be set aside; Defendant Paula Patton shall file and serve her Answer within 7 days of this order. (Washington, S)
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| Filing 19 NOTICE of ORDER Requiring Joint Status Report by David Goebel. (Harris, D.) |
| Filing 18 STIPULATION and PROPOSED ORDER for Default Set Aside re #16 Clerk's Entry of Default, #15 Request for Entry of Default by Paula Patton. Attorney Fry, Christopher John added. (Fry, Christopher) |
| Filing 17 MINUTE ORDER issued by Judicial Assistant, D. Morrison for District Judge Troy L. Nunley on 01/24/2018: A review of the docket shows that a Joint Status Report has not been filed, pursuant to the Court's Order (ECF No. #4 ), filed on 07/28/2017. Accordingly, a Joint Status Report shall be filed on or before 02/23/2018 with all parties participating. The parties are reminded that failure to file a Joint Status Report timely may result in the imposition of sanctions or dismissal of the case. (TEXT ONLY ENTRY)(Morrison, D) |
| Filing 16 [SET ASIDE SEE #20 ] CLERK'S ENTRY OF DEFAULT as to *Paula Patton* (Hunt, G) Modified on 2/12/2018 (Washington, S). |
| Filing 15 REQUEST FOR ENTRY OF DEFAULT as to Paula Patton by David Goebel. (Attachments: #1 Declaration)(Harris, D.) |
| Filing 14 NOTICE of Filing Proof of Service of Defendant Paula Patton by David Goebel. (Harris, D.) |
| Filing 13 ANSWER with Jury Demand by Stranded LLC, Deon L Taylor, Roxanne Taylor.(Fry, Christopher) |
| Filing 12 FIRST AMENDED COMPLAINT against All Defendants by David Goebel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Harris, D.) |
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Filing 11
ORDER signed by District Judge Troy L. Nunley on 11/6/2017 ORDERING The parties having submitted a Joint Stipulation to allow Plaintiff to file a First Amended Complaint, the Court hereby GRANTS the stipulation. (Reader, L)
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| Filing 10 STIPULATION and PROPOSED ORDER for Filing Amended Complaint by David Goebel. (Attachments: #1 Exhibit First Amended Complaint)(Harris, D.) |
| Filing 9 ANSWER with Jury Demand by Stranded LLC, Deon L Taylor, Roxanne Taylor.(Fry, Christopher) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Defendant Stranded LLC. (Fry, Christopher) |
| Filing 7 STIPULATION for Extension of Time to respond to complaint (LR 144) by Stranded LLC, Deon L Taylor, Roxanne Taylor. (Fry, Christopher) Modified on 9/20/2017 (Kastilahn, A). |
| Filing 6 [DISREGARD - attorney to re-file] STIPULATION FOR EXTENSION OF TIME to respond to the #1 Complaint by Stranded LLC, Deon L. Taylor, Roxanne Taylor. Attorney Fry, Christopher John ADDED. (Fry, Christopher) Modified on 9/15/2017 (Michel, G.). |
| Filing 5 SUMMONS RETURNED EXECUTED: Deon L Taylor served on 8/25/2017, answer due 9/15/2017; Roxanne Taylor served on 8/25/2017, answer due 9/15/2017. (Harris, D.) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Kastilahn, A) |
| Filing 3 SUMMONS ISSUED as to *Paula Patton, Stranded LLC, Deon L Taylor, Roxanne Taylor* with answer to complaint due within *21* days. Attorney *D. Alan Harris* *Harris & Ruble* *655 North Central Avenue* *Glendale, CA 91203*. (Kastilahn, A) |
| Filing 2 CIVIL COVER SHEET by David Goebel (Harris, D.) |
| Filing 1 COMPLAINT against All Defendants by David Goebel. Attorney Harris, D. Alan added. (Filing fee $ 400, receipt number 0972-7181255) (Harris, D.) |
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