Dittman v. Medical Solution, L.L.C.
| Bryon Dittman |
| Medical Solution, L.L.C. |
| 2:2017cv01851 |
| September 6, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Carolyn K Delaney |
| Morrison C England |
| Labor: Fair Standards |
| 15 U.S.C. § 2 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.
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Filing 132
ORDER signed by Senior Judge Morrison C. England, Jr on 4/28/2023 GRANTING #118 Motion for Attorney Fees. The Court APPROVES Attorneys' Fees to Class Counsel in the amount of $1,541,666.66, Class Counsel costs in the amount of $37,464.72, Service Award to Plaintiff in the amount of $10,000.00 and Settlement Administration Expenses to CPT Group, Inc. in the amount of $23,250.00. (Donati, J)
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Filing 131
ORDER and JUDGMENT signed by Senior Judge Morrison C. England, Jr on 4/28/2023 GRANTING #121 Motion for Final Approval of Class and Collective Action Settlement. CASE CLOSED. (Donati, J)
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| Filing 130 MINUTES (Text Only) for proceedings held via videoconference before Senior Judge Morrison C. England, Jr.: For the reasons set forth on the record, the Motion for Final Approval of Class Action Settlement #121 was GRANTED and a written order will follow. The Motion for Attorney Fees #118 remains SUBMITTED and a written order will follow. Plaintiff's Counsel Matthew Hayes, present. Defendant's Counsel Anthony Sbardellati and Harrison Thorne, present. Court Reporter: Maryann Valenoti. (Deutsch, S) |
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Filing 129
ORDER signed by Senior Judge Morrison C. England, Jr. on 4/18/2023 GRANTING Plaintiff Bryon Dittman's Waiver of Personal Appearance #126 and permission to appear remotely via Zoom videoconference at the April 20, 2023 hearing on the motions. (Deutsch, S)
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Filing 128
ORDER signed by Senior Judge Morrison C. England, Jr. on 4/12/2023 GRANTING Defendant's waiver of Personal Appearance, at the hearings on Plaintiff's Motion for Final Approval of Class and Collective Action Settlement #121 and Motion for Attorneys' Fees, Costs, Service Award, #118 and Settlement Administration Expenses set for hearing on 4/20/2023. Defendant shall appear by Zoom videoconference at the motion hearings. (Reader, L)
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| Filing 127 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court received Motion for Final Approval of Class Action Settlement and Proposed Order #121 . Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email the proposed order in Microsoft Word to chambers in addition to filing the pdf version via the CM/ECF system. Pursuant to Local Rules 101 and 131(c), the definition for "signature", you may enter /s/ for signatures for all counsel. Please submit your proposed order today in Microsoft Word format to: mceorders@caed.uscourts.gov. (Deutsch, S) |
| Filing 126 REQUEST FOR TELEPHONIC/REMOTE APPEARANCE at the 4/20/2023 Motion hearing by Bryon Dittman. (Attachments: #1 Proposed Order)(Hayes, Matthew) |
| Filing 125 REQUEST FOR TELEPHONIC/REMOTE APPEARANCE at the 4/20/2023 Motion hearing re #118 Motion for Attorneys' Fees, #121 Motion for Final Approval of Class Action Settlement by Medical Solution, L.L.C. (Attachments: #1 Proposed Order)(Kroll-Rosenbaum, Sarah) Modified on 4/13/2023 (Perdue, C.). |
| Filing 124 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: Given that the 4/20/2023 hearing on the Final Approval Hearing #121 and the Motion for Attorney Fees #118 will be conducted by Zoom videoconference, not later than 4:00 pm, on 4/14/2023, (or any continued hearing date where remote appearances will be necessary) the parties are directed to file with the Court, a waiver of each appearing parties' personal appearance with a proposed order. If the parties fail to timely comply with this Order, the matter will be continued on the Court's own motion without further notice. (Deutsch, S) |
| Filing 123 SUPPLEMENTAL DECLARATION of Jeremy Romero on Behalf of CPT Group, Inc. re #121 Motion for Final Approval of Class Action Settlement - Notification and Administration. (Hayes, Matthew) Modified on 3/30/2023 (Benson, A.). |
| Filing 122 STATEMENT of NON-OPPOSITION by Medical Solution, L.L.C. to #121 Motion. (Thorne, Harrison) |
| Filing 121 MOTION for FINAL APPROVAL of CLASS ACTION SETTLEMENT by Bryon Dittman. Motion Hearing set for 4/20/2023 at 10:00 AM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr. (Attachments: #1 Memorandum Points & Authorities, #2 Declaration Matthew B. Hayes, #3 Proposed Order)(Hayes, Matthew) |
| Filing 120 STATEMENT of NON-OPPOSITION by Medical Solution, L.L.C. to #118 Motion for Attorney Fees,. (Kroll-Rosenbaum, Sarah) |
| Filing 119 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 4/20/2023 hearing on the Motion for Attorney Fees #118 is VACATED and the motion is SUBMITTED without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with Local Rule 230(c)-(d). If the Court determines that oral argument is needed it will be scheduled at a later date. (Deutsch, S) |
| Filing 118 MOTION for ATTORNEY FEES, Costs, Service Award, and Settlement Administration Expenses by Bryon Dittman. Motion Hearing SET for 4/20/2023 at 10:00 AM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. (Attachments: #1 Memorandum Points & Authorities, #2 Compendium of Evidence, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proposed Order)(Hayes, Matthew) Modified on 2/28/2023 (Mena-Sanchez, L). |
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Filing 117
ORDER signed by Senior Judge Morrison C. England, Jr. on 12/19/2022 GRANTING #112 Motion for Preliminary Approval of Class and Collective Action Settlement. The Court preliminarily finds that the terms of the Joint Stipulation and Settlement Agreement are fair, reasonable, and adequate, and comply with Rule 23(e) of the FRCP. The Court APPOINTS Plaintiff as the representative of the CA Settlement Class and FLSA Settlement Collective. The Court APPOINTS Hayes Pawlenko, LLP as class counsel for the CA Settlement Class and FLSA Settlement Collective. Final Approval (fairness) Hearing set for 4/20/2023 at 10:00 AM, Via Zoom before Senior Judge Morrison C. England Jr. Motion for an award of attorneys' fees and costs 21 days after settlement administrator disseminates the Notice of Settlement. Motion for final approval of the Settlement, along with any objections to the Settlement and any responses 35 days before the final approval hearing. (Reader, L)
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| Filing 116 STATEMENT of NON-OPPOSITION by Medical Solution, L.L.C. to #112 Motion for Preliminary Approval of Class Action Settlement (Kroll-Rosenbaum, Sarah) |
| Filing 115 NOTICE of APPEARANCE by Harrison Michael Thorne on behalf of Medical Solution, L.L.C.. Attorney Thorne, Harrison Michael added. (Thorne, Harrison) |
| Filing 114 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 1/12/2023 hearing on the Motion for Preliminary Approval of Class and Collective Action Settlement #112 is VACATED and the motion is SUBMITTED without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with Local Rule 230(c)-(d). If the Court determines that oral argument is needed it will be scheduled at a later date. (Deutsch, S) |
| Filing 113 NOTICE of ERRATA by Bryon Dittman re #112 Corrected Memorandum of Points and Authorities. (Attachments: #1 Corrected Memorandum of Points & Authorities)(Hayes, Matthew) Modified on 12/7/2022 (Benson, A.). |
| Filing 112 MOTION for PRELIMINARY APPROVAL of CLASS ACTION SETTLEMENT by Bryon Dittman. Motion Hearing set for 1/12/2023 at 10:00 AM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr. (Attachments: #1 Memorandum Points & Authorities, #2 Compendium of Evidence, #3 Exhibit 1 (Hayes Declaration), #4 Exhibit 2 (Settlement Agreement), #5 Exhibit 3 (Rule 23 Class Non-Opt Outs), #6 Exhibit 4 (FLSA Collective Opt-Ins), #7 Exhibit 5 (Plaintiff Declaration), #8 Proposed Order)(Hayes, Matthew) Modified on 12/7/2022 (Benson, A.). |
| Filing 111 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: Pursuant to the representation by counsel, the Court determined this case is settled (ECF No. 110). In accordance with the provisions of Local Rule 160, counsel is to file dispositional documents or a status report on or before 2/3/2023. Failure to comply with this order may be grounds for the imposition of sanctions on any and all counsel as well as any party or parties who cause non-compliance with this order. Accordingly, all due dates and hearings set forth in this matter are VACATED. (Deutsch, S) |
| Filing 110 NOTICE of SETTLEMENT by Bryon Dittman. Dispositional Docs due by 12/27/2022. (Hayes, Matthew) |
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Filing 109
ORDER signed by Senior Judge Morrison C. England, Jr. on 8/23/2022 ORDERING Defendant Medical Solutions, LLC shall respond to the 8/11/2022 Labor Code section 432 records request by 10/31/2022. Plaintiff Bryon Dittman's deadline to file a renewed motion to certify a Rule 23 class and/or FLSA collective shall be 1/13/2023. Defendant's deadline to file an opposition to the renewed certification motion shall be 2/17/2023. Plaintiff's deadline to file a reply in support of the renewed certification motion shall be 3/10/2023. The renewed motion for certification shall be noticed for hearing on 4/7/2023. The initial expert designation and report deadline shall be continued until 60 days after the Court's ruling on Plaintiff's renewed certification motion. The rebuttal expert designation and report deadline shall be continued until 45 days after the initial expert designation and report deadline. The rebuttal expert discovery cut-off date shall be continued until 45 days after the rebuttal expert designation and report deadline. (Zignago, K.)
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| Filing 108 STIPULATION and PROPOSED ORDER for Schedule Following Ruling on Defendant's Motion to Decertify Class and Collective by Bryon Dittman. (Attachments: #1 Proposed Order)(Hayes, Matthew) |
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Filing 107
ORDER signed by Senior Judge Morrison C. England, Jr on 08/09/22 GRANTING #105 Motion to Withdraw as Attorney. Attorney Margaret C. Hershiser, PHV terminated. (Licea Chavez, V)
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| Filing 106 PROPOSED ORDER re #105 Motion to Withdraw as Counsel Margaret Hershiser by Medical Solution, L.L.C.. (Hershiser, Margaret) Modified on 8/10/2022 (Rodriguez, E). |
| Filing 105 MOTION to WITHDRAW as Counsel Margaret Hershiser by Medical Solution, L.L.C.. (Hershiser, Margaret) Modified on 8/10/2022 (Rodriguez, E). |
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Filing 104
ORDER signed by Senior Judge Morrison C. England, Jr on 7/21/2022 GRANTING IN PART Defendant's #91 Motion to Decertify the Rule 23 Class and FLSA Collective and Strike Plaintiff's PAGA Claim. Both the Rule 23 Class and FLSA Collective Action are hereby DECERTIFIED without prejudice to Plaintiff filing a renewed certification motion addressing in detail the prerequisites set forth in Rule 23 and under the FLSA. The Court DECLINES to strike Plaintiff's PAGA claim at this juncture. Plaintiff's #93 Motion to Amend Certification Order is DENIED without prejudice as moot. (Zignago, K.)
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| Filing 103 RESPONSE by Medical Solution, L.L.C. to #100 Notice of Supplemental Authority. (Kroll-Rosenbaum, Sarah) Modified on 4/11/2022 (Reader, L). |
| Filing 102 NOTICE of APPEARANCE by Nancy Sotomayor on behalf of Medical Solution, L.L.C.. Attorney Sotomayor, Nancy added. (Sotomayor, Nancy) |
| Filing 101 NOTICE of APPEARANCE by Anthony David Sbardellati on behalf of Medical Solution, L.L.C.. (Sbardellati, Anthony) |
| Filing 100 NOTICE of Supplemental Authority by Bryon Dittman re #93 Motion to Amend Certification Order, #94 Opposition to Motion. (Attachments: #1 Exhibit Ninth Circuit Opinion)(Pawlenko, Kye) |
| Filing 99 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 1/27/2022 hearing on the Motion to Amend Certification Order #93 is VACATED and SUBMITTED without appearance and argument. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
| Filing 98 REPLY by Bryon Dittman re #93 Motion to Amend Certification Order. (Pawlenko, Kye) |
| Filing 97 OPPOSITION to #93 Motion to Amend Certification Order by Medical Solution, L.L.C. (Attachments: #1 Declaration of Chris Ahl)(Kroll-Rosenbaum, Sarah) Modified on 1/14/2022 (Huang, H). |
| Filing 96 DESIGNATION of COUNSEL FOR SERVICE., attorney Sayaka Karitani terminated (Kroll-Rosenbaum, Sarah) |
| Filing 95 REPLY in support of #91 Motion to Decertify by Medical Solution, L.L.C. (Kroll-Rosenbaum, Sarah) Modified on 12/7/2021 (Huang, H). |
| Filing 94 OPPOSITION by Bryon Dittman to #91 Motion to Decertify. (Attachments: #1 Declaration of Kye D. Pawlenko)(Pawlenko, Kye) Modified on 11/16/2021 (Benson, A.). |
| Filing 93 MOTION to AMEND Certification Order by Bryon Dittman. Motion Hearing SET for 1/27/2021 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. (Attachments: #1 Compendium of Evidence, #2 Exhibit 1), #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Proposed Order)(Hayes, Matthew) Modified on 11/1/2021 (Mena-Sanchez, L). |
| Filing 92 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 1/27/2022 hearing on the Motion to Decertify the Rule 23 Class and FLSA Collective and Strike Plaintiffs PAGA Claim #91 is VACATED and SUBMITTED without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
| Filing 91 MOTION to DECERTIFY the Rule 23 Class and FLSA Collective and STRIKE Plaintiff's PAGA Claim by Medical Solution, L.L.C. Motion Hearing set for 1/27/2022 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr. (Attachments: #1 Expert Report of Robert Crandall, #2 Declaration of Sarah Kroll-Rosenbaum, #3 Declaration of Chris Ahl, #4 Request for Judicial Notice, #5 Proposed Order)(Kroll-Rosenbaum, Sarah) |
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Filing 90
STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 8/27/21 CONTINUING Defendant's Motion to Decertify the Class and Collective Filing Deadline to 10/15/21; Damages Discovery Cut-Off to 10/29/21; Plaintiff's Opposition to Defendant's Motion to Decertify to 11/15/21; Defendant's Reply Brief in support of its Motion to Decertify to 12/3/21; Hearing on Defendant's Motion to Decertify on 1/27/22 at 2:00 p.m; Initial Expert Designation and Report Deadline to 60 days after the Court's ruling on the Defendant's Motion to Decertify; and Rebuttal Expert Designation and Report Deadline to 45 days after the Initial Expert Designation and Report Deadline; Expert Discovery Cut-Off Date to 45 days after the Rebuttal Expert Designation and Report Deadline; and Should Defendant submit expert testimony and/or declaration(s) in support of its Motion to Decertify, Defendant shall make such expert(s) available for deposition no later than 10/25/21. (Becknal, R)
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| Filing 89 AMENDED #88 STIPULATION and PROPOSED ORDER for Continuance of Expert Discovery Deadlines by Medical Solution, L.L.C. (Attachments: #1 Proposed Order)(Karitani, Sayaka) |
| Filing 88 STIPULATION for Continuance of Expert Discovery Deadlines by Medical Solution, L.L.C.. (Attachments: #1 Proposed Order)(Karitani, Sayaka) Modified on 8/23/2021 (Kaminski, H). |
| Filing 87 USCA ORDER: The joint motion to voluntarily withdraw petition is granted. The petition is withdrawn. See Fed. R. App. P. 42(b). (Kaminski, H) |
| Filing 86 MINUTE ORDER (Text Only) issued by Relief Courtroom Deputy J. Anderson for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 11/12/2020 hearing on the #85 Motion to Withdraw as Attorney is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Anderson, J) |
| Filing 85 MOTION to WITHDRAW as ATTORNEY by Medical Solution, L.L.C. Motion Hearing set for 11/12/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. (Attachments: #1 Proposed Order)(Kroll-Rosenbaum, Sarah) |
| Filing 84 NOTICE of CHANGE of ADDRESS by Sarah Kroll-Rosenbaum. (Kroll-Rosenbaum, Sarah) |
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Filing 83
ORDER signed by District Judge Morrison C. England, Jr on 1/6/20 ORDERING that the Initial Expert Designation and Report deadline, the Rebuttal Expert Designation and Report deadline, and the Expert Discovery Cut-Off shall continue to be stayed. Within 14 days of entry of the Ninth Circuit Court of Appeals decision on Defendant's Petition for Permission to Appeal, the Parties shall submit a stipulation to reschedule the expert deadlines or, in the alternative, to stay this case until final decision in that appeal is rendered. (Kaminski, H)
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| Filing 82 STIPULATION and PROPOSED ORDER for Continuance of Expert Discovery Deadlines by Medical Solution, L.L.C.. (Attachments: #1 Proposed Order)(Karitani, Sayaka) |
| Filing 81 USCA CASE NUMBER 19-80164 for Petition for Permission to Appeal Pursuant to Rule 1292(b) filed on 12/06/2019 by Bryon Dittman. (York, M) |
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Filing 80
ORDER signed by District Judge Morrison C. England, Jr on 11/25/19 GRANTING #71 Motion for Certificate of Appealability. (Coll, A)
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Filing 79
ORDER signed by District Judge Morrison C. England, Jr. on 11/19/2019 ORDERING that the Initial Expert Designation and Report deadline, the Rebuttal Expert Designation and Report deadline, and the Expert Discovery Cut-Off shall be STAYED. Within 30 days of entry of the ruling #71 Motion to Certify Interlocutory Appeal, the Parties shall submit a stipulation to reschedule the expert deadlines. (Huang, H)
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| Filing 78 NOTICE of SUPPLEMENTAL AUTHORITY in support of #71 Motion for Certificate of Appealabilty by Medical Solution, L.L.C. (Kroll-Rosenbaum, Sarah) Modified on 11/18/2019 (Benson, A.). |
| Filing 77 PROPOSED ORDER re #76 Stipulation by Medical Solution, L.L.C. (Karitani, Sayaka) Modified on 11/18/2019 (Benson, A.). |
| Filing 76 STIPULATION re Continuance of Expert Discovery Deadlines by Medical Solution, L.L.C. (Karitani, Sayaka) Modified on 11/14/2019 (Mena-Sanchez, L). |
| Filing 75 REPLY by Medical Solution, L.L.C. re #74 Opposition to Motion, #71 Motion for Certificate of Appealability,. (Katz, Steven) |
| Filing 74 OPPOSITION by Bryon Dittman to #71 Motion for Certificate of Appealability,. (Hayes, Matthew) |
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Filing 73
ORDER signed by District Judge Morrison C. England, Jr on 9/25/19 CONTINUING Initial Expert Designation and Report to 12/20/2019. Rebuttal Expert Designation and Report to 1/20/2020 and Expert Discovery Cut-Off to 2/18/2020. Within 30 days of entry of this Order, Medical Solutions shall produce to Dittman's counsel payroll data for the California-wide Class from September 7, 2013 through September 11, 2019 and the FLSA Collective from October 24, 2015 through September 11, 2019. Such data shall be produced in Excel format substantially similar to the payroll data produced by Medical Solutions to Dittman's counsel on August 23, 2018. (Kaminski, H)
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| Filing 72 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the October 31, 2019 hearing on the Motion for Certificate of Appealability #71 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
| Filing 71 MOTION for CERTIFICATE of APPEALABILITY by Medical Solution, L.L.C.. Attorney Katz, Steven B. added. Motion Hearing set for 10/31/2019 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Attachments: #1 Points and Authorities)(Katz, Steven) |
| Filing 70 STIPULATION and PROPOSED ORDER for Continuance of Expert Discovery Deadlines and Production of Payroll Data by Medical Solution, L.L.C.. (Attachments: #1 Proposed Order)(Karitani, Sayaka) Modified on 9/27/2019 (Reader, L). |
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Filing 69
MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr on 9/10/19 GRANTING IN PART AND DENYING IN PART #50 , #51 Motions for Summary Judgment. (Kaminski, H)
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| Filing 68 NOTICE of Supplemental Authority by Bryon Dittman re #55 Opposition to Motion, #51 Motion for Summary Judgment. (Attachments: #1 Exhibit)(Pawlenko, Kye) Modified on 8/19/2019 (Zignago, K.). |
| Filing 67 NOTICE OF SUPPLEMENTAL Authority by Bryon Dittman re #55 Opposition to Motion, #51 Motion for Summary Judgment. (Attachments: #1 Exhibit)(Pawlenko, Kye) Modified on 8/16/2019 (Mena-Sanchez, L). |
| Filing 66 NOTICE OF SUPPLEMENTAL AUTHORITY by Medical Solution, L.L.C. re #50 Motion for Summary Judgment. (Kroll-Rosenbaum, Sarah) |
| Filing 65 NOTICE OF LODGING DOCUMENT(S) ELECTRONICALLY by Bryon Dittman: Consents to Joint FLSA Collective Action. (Attachments: #1 Exhibit 1 (Consent to Join Forms))(Hayes, Matthew) |
| Filing 64 NOTICE OF FILING CONSENTS to Joint FLSA Action by Bryon Dittman. (Attachments: #1 Exhibit 1 (Consent to Join Forms))(Hayes, Matthew) Modified on 5/31/2019 (Benson, A.). |
| Filing 63 NOTICE OF FILING CONSENTS to Joint FLSA Action by Bryon Dittman. (Attachments: #1 Exhibit 1 (Consent to Join Forms))(Hayes, Matthew) Modified on 5/30/2019 (Benson, A.). |
| Filing 62 NOTICE OF FILING CONSENTS to Joint FLSA Action by Bryon Dittman. (Attachments: #1 Exhibit 1 (Consent to Join Forms))(Hayes, Matthew) Modified on 5/30/2019 (Benson, A.). |
| Filing 61 OBJECTIONS by Plaintiff Bryon Dittman to #60 Response. (Hayes, Matthew) |
| Filing 60 RESPONSE by Medical Solution, L.L.C. to #59 Notice of Supplemental Authority. (Kroll-Rosenbaum, Sarah) Modified on 5/31/2019 (Benson, A.). |
| Filing 59 NOTICE of SUPPLEMENTAL AUTHORITY by Bryon Dittman re #55 Opposition to Motion, #51 Motion for Summary Judgment. (Attachments: #1 Exhibit 1)(Hayes, Matthew) Modified on 5/31/2019 (Benson, A.). |
| Filing 58 REPLY by Bryon Dittman in support #51 Motion for Summary Judgment. (Pawlenko, Kye) Modified on 5/10/2019 (Benson, A.). |
| Filing 57 REPLY by Medical Solution, L.L.C. in support #50 Motion for Summary Judgment. (Kroll-Rosenbaum, Sarah) Modified on 5/10/2019 (Benson, A.). |
| Filing 56 OPPOSITION by Medical Solution, L.L.C. to #51 Motion for Summary Judgment. (Attachments: #1 Response, #2 Declaration)(Kroll-Rosenbaum, Sarah) Modified on 4/2/2019 (Coll, A). |
| Filing 55 OPPOSITION by Bryon Dittman to #50 Motion for Summary Judgment. (Attachments: #1 Response)(Pawlenko, Kye) Modified on 4/2/2019 (Coll, A). |
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Filing 54
ORDER signed by District Judge Morrison C. England, Jr on 3/29/19 ORDERING that the Initial Expert Designation and Report deadline shall be continued from July 12, 2019 to the later of July 12, 2019 or 30 days after the ruling on the Parties' cross-motions for summary judgment is issued. The Rebuttal Expert Designation and Report deadline shall be continued from August 11, 2019 to the later of August 11, 2019 or 30 days after the ruling on the Parties' cross-motions for summary judgment is issued and The Expert Discovery Cut-off shall be continued from October 10, 2019 to the later of October 10, 2019 or 90 days after the ruling on the Parties' cross- motions for summary judgment is issued. (Kaminski, H)
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| Filing 53 STIPULATION and PROPOSED ORDER for Continuance of Expert Discovery Deadlines by Medical Solution, L.L.C. (Attachments: #1 Proposed Order)(Karitani, Sayaka) Modified on 3/28/2019 (Huang, H). |
| Filing 52 MINUTE ORDER (Text Only) issued by Relief Courtroom Deputy G. Michel for District Judge Morrison C. England, Jr. on 3/1/2019: On the Court's own motion and pursuant to Local Rule 230(g), the May 16, 2019 hearing on the parties' Motions for Summary Judgment (ECF Nos. #50 , #51 ) are VACATED and SUBMITTED without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding requests for telephonic appearance are denied as moot. (Michel, G.) |
| Filing 51 MOTION FOR SUMMARY JUDGMENT by Bryon Dittman. Motion Hearing set for 5/16/2019 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: #1 Points and Authorities, #2 Statement of Undisputed Facts, #3 Request for Judicial Notice, #4 Proposed Order, #5 Appendix, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Exhibit 15, #21 Exhibit 16, #22 Exhibit 17, #23 Exhibit 18)(Hayes, Matthew) Modified on 3/4/2019 (Coll, A). |
| Filing 50 MOTION FOR SUMMARY JUDGMENT by Medical Solution, L.L.C. Motion Hearing set for 5/16/2019 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: #1 Declaration of Kenneth Sulzer, #2 Statement of Undisputed Facts, #3 Proposed Order)(Karitani, Sayaka) |
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Filing 49
ORDER signed by District Judge Morrison C. England, Jr on 2/5/19 ORDERING the Parties will file cross-motions for summary judgment on or before 3/1/19, file oppositions thereto no later than 4/1/19, and file reply briefs no later than 4/25/19; and the hearing on the cross-motions for summary judgment will take place on 5/16/19 at 2:00 p.m. (Becknal, R)
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| Filing 48 STIPULATION and PROPOSED ORDER for Setting Briefing Schedule for Cross-Motions for Summary Judgment by Medical Solution, L.L.C. (Attachments: #1 Proposed Order)(Karitani, Sayaka) Modified on 2/5/2019 (Huang, H). |
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Filing 47
AMENDED ORDER signed by District Judge Morrison C. England, Jr on 1/10/19 DENYING #42 Motion for Reconsideration filed by Bryon Dittman. (Coll, A)
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Filing 46
ORDER signed by District Judge Morrison C. England, Jr., on 12/29/18 DENYING defendant's #42 Motion for Reconsideration. (Kastilahn, A)
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| Filing 45 REPLY by Bryon Dittman to RESPONSE to #42 Motion for Reconsideration. (Pawlenko, Kye) Modified on 12/4/2018 (Washington, S). |
| Filing 44 OPPOSITION by Medical Solution, L.L.C. to #42 Motion for Reconsideration. (Sulzer, Kenneth) |
| Filing 43 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the December 13, 2018 hearing on the Motion for Reconsideration #42 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition, and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Fabillaran, J) |
| Filing 42 MOTION for RECONSIDERATION of the Court's Order Directing Plaintiff to Modify the Notices to the Class and Collective in Light of Subsequent Authority by Bryon Dittman. Motion Hearing SET for 12/13/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: #1 Memorandum, #2 Exhibit A), #3 Proposed Order)(Pawlenko, Kye) Modified on 11/15/2018 (Mena-Sanchez, L). |
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Filing 41
ORDER APPROVING FINAL PROPOSED NOTICES signed by District Judge Morrison C. England, Jr on 11/6/2018 ORDERING that the Final Proposed Notice lodged as ECF No. [40-1] with respect to California employees is APPROVED and shall be disseminated via both regular and electronic mail; The Final Proposed Notice lodged as ECF No. [40-2] with respect to non-California employees is APPROVED and shall be disseminated via both regular and electronic mail; The deadline to opt-out of the certified class and/or opt-in to the collective shall be 95 days from mailing the notices; and Within 21 days of this Order, Defendant shall produce to CPT Group, Inc. the contact information including the names, last known addresses, and e-mail addresses for all members of the certified class and collective. (Becknal, R)
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| Filing 40 NOTICE OF LODGING DOCUMENT IN PAPER by Bryon Dittman: Final Proposed Notices as Modified Per the Court's October 23, 2018 Order. (Attachments: #1 Final Proposed Notice to California Employees, #2 Final Proposed Notice to Non-California Employees, #3 Proposed Order)(Pawlenko, Kye) Modified on 10/29/2018 (Washington, S). |
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Filing 39
ORDER signed by District Judge Morrison C. England, Jr. on 10/23/2018 GRANTING #22 Motion to Certify Class and DIRECTING Plaintiff to MODIFY the Notices provided as Exhibits A and B (ECF Nos. 22-1 and 22-2). The Court APPOINTS Plaintiff as the representative of the certified class; and The Court APPOINTS Hayes Pawlenko LLP, Matthew B. Hayes, and Kye D. Pawlenko as class counsel for the certified class. Not later than 10 days following the date this Order is electronically filed, the parties shall file Final Proposed Notices and a proposed order for the Court's signature approving those notices and setting forth the relevant deadlines. (York, M)
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Filing 38
ORDER signed by District Judge Morrison C. England, Jr on 10/17/2018 ORDERING the Initial Expert Designation and Report deadline shall be continued from 11/5/2018 to the earlier of 10/5/2019 or 60 days after the deadline to opt-out/opt-in of the Rule 23 classes and/or opt-in to the conditionally certified collective, if any such class or collective is certified; The Rebuttal Expert Designation and Report deadline shall be continued from 12/5/2018 to the earlier of 11/6/2019 or 90 days after the deadline to opt-out/opt-in of the Rule 23 classes and/or opt-in to the conditionally certified collective, if any such class or collective is certified; and The Expert Discovery Cut-off shall be continued from 3/5/2019 to the earlier of 1/6/2020 or 150 days after the deadline to opt-out/opt-in of the Rule 23 classes and/or opt-in to the conditionally certified collective, if any such class or collective is certified. (Washington, S) Modified on 10/19/2018 (Washington, S).
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| Filing 37 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: The Court received the STIPULATION and PROPOSED ORDER for Continuance of Expert Discovery Deadlines (ECF No. 36). Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email the proposed order (in Microsoft Word) to chambers in addition to filing the pdf version via the CM/ECF system. Pursuant to Local Rules 101 and 131(c), the definition for "signature", you may enter /s/ for signatures for all counsel. Please submit your proposed order today, in Microsoft Word format to: mceorders@caed.uscourts.gov. (Deutsch, S) |
| Filing 36 STIPULATION and PROPOSED ORDER for Continuance of Expert Discovery Deadlines re #3 Civil New Case Documents for MCE by Medical Solution, L.L.C.. (Attachments: #1 Proposed Order)(Karitani, Sayaka) |
| Filing 35 REPLY by Bryon Dittman re #22 Motion to Certify Class. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pawlenko, Kye) |
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Filing 34
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/31/2018 ORDERING that the Class/Collective Member Data produced by Defendant shall be admissible for the purpose of determining the quantum of damages, if any, at trial. (Zignago, K.)
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| Filing 33 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: The Court received the STIPULATION and PROPOSED ORDER for Format, Use, and Admissibility of Damage Discovery (ECF No. 32). Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email the proposed order (in Microsoft Word) to chambers in addition to filing the pdf version via the CM/ECF system. Pursuant to Local Rules 101 and 131(c), the definition for "signature", you may enter /s/ for signatures for all counsel. Please submit your proposed order today, in Microsoft Word format to: mceorders@caed.uscourts.gov. (Deutsch, S) |
| Filing 32 STIPULATION and PROPOSED ORDER for Format, Use, and Admissibility of Damage Discovery by Bryon Dittman. (Attachments: #1 Proposed Order)(Hayes, Matthew) |
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Filing 31
ORDER signed by District Judge Morrison C. England, Jr. on 7/17/2018 GRANTING #27 Request to Remove Incorrecly Filed Document. The Declaration of Kenneth D. Sulzer in Support of Medical Solutions L.L.C.'s Limited Opposition to Plaintiff's Motion to Certify Class and Conditionally Certify Collective filed at ECF No. 26-1 is hereby ordered SEALED. (York, M)
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| Filing 30 NOTICE of APPEARANCE by Anthony David Sbardellati on behalf of Medical Solution, L.L.C. Attorney Sbardellati, Anthony David added. (Sbardellati, Anthony) |
| Filing 29 NOTICE of APPEARANCE by Sayaka Karitani on behalf of Medical Solution, L.L.C. Attorney Karitani, Sayaka added. (Karitani, Sayaka) |
| Filing 28 NOTICE of ERRATA re Declaration re #26 Opposition to Motion by Medical Solution, L.L.C. (Sulzer, Kenneth) Modified on 7/16/2018 (York, M). |
| Filing 27 REQUEST and PROPOSED ORDER to Remove Incorrectly Filed Document 26-1 by Medical Solution, L.L.C. (Attachments: #1 Proposed Order) (Kroll-Rosenbaum, Sarah) Modified on 7/16/2018 (York, M). |
| Filing 26 LIMITED OPPOSITION by Medical Solution, L.L.C. to #22 Motion to Certify Class. (Attachments: #1 Declaration [PDF Document 26-1 SEALED pursuant to #31 Order]) (Kroll-Rosenbaum, Sarah) Modified on 7/16/2018 (York, M). |
| Filing 25 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the September 6, 2018 hearing on the Motion to Certify Class #22 is vacated and submitted without appearance and argument. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot.(Deutsch, S) |
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Filing 24
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 6/7/2018 APPROVING #21 Stipulation re Hearing and Briefing Schedule for Plaintiff's Motion for Certification. Defendant's opposition due by 7/13/2018. Plaintiff's Reply due by 8/3/2018. Motion Hearing set for 9/6/2018, at 02:00 PM, in Courtroom 7 (MCE), before District Judge Morrison C. England Jr. (York, M)
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| Filing 23 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the August 23, 2018 hearing on the Motion to Certify Class #22 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition, and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
| Filing 22 MOTION to CERTIFY CLASS by Bryon Dittman. Motion Hearing set for 8/23/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Memorandum Points & Authorities, #4 Appendix Compendium of Evidence, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Proposed Order)(Hayes, Matthew) Modified on 6/7/2018 (Benson, A.). |
| Filing 21 STIPULATION and PROPOSED ORDER for Hearing and Briefing Schedule for Plaintiff's Motion for Certification of a Rule 23 Class and FLSA Collective by Bryon Dittman. (Attachments: #1 Proposed Order)(Hayes, Matthew) |
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Filing 20
STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/13/18. (Kaminski, H)
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| Filing 19 STIPULATION and PROPOSED ORDER for Protective Order by Medical Solution, L.L.C.. (Kroll-Rosenbaum, Sarah) |
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Filing 18
STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/22/2018 APPROVING #17 Stipulation for Privacy Notice and Opt-Out Procedure for Disclosure of Putative Class Member Contact Information. (York, M)
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| Filing 17 STIPULATION and PROPOSED ORDER for Privacy Notice and Opt Out Procedure for Disclosure of Contact Information by Bryon Dittman. (Attachments: #1 Exhibit A (privacy notice), #2 Exhibit B (opt-out postcard), #3 Proposed Order)(Hayes, Matthew) |
| Filing 16 ANSWER by Medical Solution, L.L.C..(Hershiser, PHV, Margaret) |
| Filing 15 FIRST AMENDED COMPLAINT against Medical Solution, L.L.C. by Bryon Dittman.(Pawlenko, Kye) |
| Filing 14 STIPULATION for Plaintiff to File a First Amended Complaint by Bryon Dittman. (Attachments: #1 Proposed First Amended Complaint)(Pawlenko, Kye) Modified on 12/27/2017 (York, M). |
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Filing 13
PRO HAC VICE ORDER signed by District Judge Morrison C. England, Jr. on 11/7/2017 ORDERING attorney Margaret C. Hershiser added for Medical Solution, L.L.C. (Zignago, K.)
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| Filing 12 AMENDED #8 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Medical Solution, L.L.C. for attorney Margaret C. Hershiser to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7338434) (Kroll-Rosenbaum, Sarah) Modified on 11/20/2017 (Donati, J). [DUPLICATE FILING FEE REFUNDED] |
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Filing 11
PRO HAC VICE ORDER signed by District Judge Morrison C. England, Jr on 10/26/2017 ADDING attorney David A. Yudelson, PHV for Medical Solution, L.L.C. (Washington, S)
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| Filing 10 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: The Court received the Pro Hac Vice Application and Proposed Order #9 . Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email the proposed order (in Microsoft Word) to chambers in addition to filing the pdf version via the CM/ECF system. Pursuant to Local Rule 101, the definition for "signature", you may enter /s/ for signatures for all counsel. Please submit your proposed order today, in Microsoft Word format to: mceorders@caed.uscourts.gov. (Deutsch, S) |
| Filing 9 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Medical Solution, L.L.C. for attorney David A. Yudelson to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7329136) (Kroll-Rosenbaum, Sarah) |
| Filing 8 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Medical Solution, L.L.C. for Attorney Margaret C. Hershiser. (Filing fee $ 225, receipt number 0972-7326321) (Kroll-Rosenbaum, Sarah) Modified on 10/26/2017 (Kastilahn, A). |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by Defendant Medical Solution, L.L.C.. (Kroll-Rosenbaum, Sarah) |
| Filing 6 ANSWER by Medical Solution, L.L.C.. Attorney Kroll-Rosenbaum, Sarah added.(Kroll-Rosenbaum, Sarah) |
| Filing 5 SUMMONS RETURNED EXECUTED: All Defendants. (Hayes, Matthew) |
| Filing 4 NOTICE of APPEARANCE by Kye Douglas Pawlenko on behalf of Bryon Dittman. Attorney Pawlenko, Kye Douglas added. (Pawlenko, Kye) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Kastilahn, A) |
| Filing 2 SUMMONS ISSUED as to *Medical Solution, L.L.C.* with answer to complaint due within *21* days. Attorney *Matthew Bryan Hayes* *Hayes Pawlenko LLP* *595 E Colorado Blvd, Ste 303* *Pasadena, CA 91101*. (Kastilahn, A) |
| Filing 1 COMPLAINT against All Defendants by Bryon Dittman. Attorney Hayes, Matthew Bryan added. (Filing fee $ 400, receipt number 0972-7248328) (Attachments: #1 Civil Cover Sheet)(Hayes, Matthew) |
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