Harper, et al. v. Charter Communications, LLC et al
| Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez and Pedro Abascal |
| Charter Communications, Inc. and Charter Communications, LLC |
| 2:2019cv00902 |
| May 17, 2019 |
| US District Court for the Eastern District of California |
| Dennis M Cota |
| William B Shubb |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Plaintiff |
Docket Report
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Filing 311
ORDER STAYING CASE signed by Senior Judge William B. Shubb on 9/16/2022: Defendant Charter has appealed this court's denial of its motion to compel arbitration of plaintiff Harper's PAGA claim and dismiss remaining count ten claims. (Docket Nos. #300 , #306 .) Notwithstanding any other recent orders, the court in its discretion determines that a stay is appropriate at this time. Accordingly, all proceedings in this case are hereby STAYED pending final adjudication of defendant's appeal, and all hearing dates are hereby VACATED. (See document for further details.) (Kirksey Smith, K)
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Filing 309
ORDER signed by Senior Judge William B. Shubb on 9/16/2022 GRANTING #307 Defendant Charter Communications' EX PARTE APPLICATION TO EXTEND DEADLINE TO PRODUCE DATA: Defendant's deadline to comply with the court's order requiring Charter to complete its production of additional sampling documents and ESI, (Docket Nos. #112 , #133 , #292 ), is CONTINUED until the earlier of: (1) 14 days after the Court grants plaintiff Sinclair's Renewed Motion for Class Certification, if at all; (2) 14 days after the court denies Charter's forthcoming motion to stay the PAGA claim pending appeal, if at all; or (3) 14 days after the Ninth Circuit issues its mandate affirming this court's order denying Charter's Motion to Compel Arbitration of Harper's PAGA claim and dismiss count ten, if at all. (Kirksey Smith, K)
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| Filing 308 OPPOSITION by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez to #307 Ex Parte Application. (Attachments: #1 Declaration of J. Soderstrom)(Soderstrom, Jamin) |
| Filing 310 APPEAL PROCESSED to Ninth Circuit re #306 Notice of Appeal filed by Charter Communications, LLC. Notice of Appeal filed *9/15/2022*, Complaint filed *5/17/2029* and Appealed Order / Judgment filed *9/7/2022*. Court Reporter: *Kimberly Bennett*. *Fee Status: Paid on 9/15/2022 in the amount of $505.00* (Attachments: #1 Appeal Information) (Rodriguez, E) |
| Filing 307 EX PARTE APPLICATION by Charter Communications, LLC to Extend Deadline to Produce Data for Sample of Allegedly Aggrieved Employees Under PAGA. (Attachments: #1 Declaration of J. Scott Carr, #2 Proposed Order)(Carr, J.) Modified on 9/16/2022 (Rodriguez, E). |
| Filing 306 NOTICE of INTERLOCUTORY APPEAL by Charter Communications, LLC as to #300 Order. (Filing fee $ 505, receipt number ACAEDC-10442075) (Attachments: #1 Representation Statement)(Carr, J.) Modified on 9/16/2022 (Rodriguez, E). |
| Filing 305 STIPULATION and PROPOSED ORDER for Briefing and Hearing Schedule by Pedro Abascal, et al. (Attachments: #1 Proposed Order)(Soderstrom, Jamin) Modified on 9/16/2022 (Rodriguez, E). |
| Filing 304 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by All Plaintiffs. (Attachments: #1 Request to Seal, #2 Proposed Order)(Soderstrom, Jamin) |
| Filing 303 MOTION FOR SUMMARY JUDGMENT by Lionel Harper. Motion Hearing set for 10/17/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Statement of Undisputed Facts, #2 Declaration of L. Harper, #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 Declaration of J. Soderstrom, #15 Exhibit 1, #16 Exhibit 2, #17 Exhibit 3, #18 Exhibit 4, #19 Exhibit 5, #20 Exhibit 6, #21 Exhibit 7, #22 Exhibit 8, #23 Exhibit 9, #24 Exhibit 10, #25 Exhibit 11, #26 Exhibit 12, #27 Exhibit 13, #28 Exhibit 14, #29 Exhibit 15, #30 Exhibit 18, #31 Exhibit 19, #32 Exhibit 20, #33 Exhibit 21, #34 Exhibit 22, #35 Proposed Order, #36 Exhibit 16, #37 Exhibit 17)(Soderstrom, Jamin) Modified on 9/14/2022 (Rodriguez, E). |
| Filing 302 NOTICE of WITHDRAWL by All Plaintiffs of #236 Motion for partial Summary Judgment or Adjudication on the PAGA Claim (Count 10). (Soderstrom, Jamin) Modified on 9/14/2022 (Rodriguez, E). |
| Filing 301 TRANSCRIPT REQUEST by Charter Communications, LLC for proceedings held on 9/6/2022 before Judge William B. Shubb. Court Reporter Kimberly Bennett. (Chapman, Nathan) |
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Filing 300
ORDER signed by Senior Judge William B. Shubb on 09/07/2022 DENYING #293 Motion to Compel. (Rodriguez, E)
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| Filing 299 SURREPLY by Charter Communications, LLC re #271 Opposition to Motion,. (Attachments: #1 Declaration of J. Scott Carr, #2 Exhibit A - to Carr Declaration, #3 Exhibit B - to Carr Declaration)(Carr, J.) Modified on 9/8/2022 (Benson, A.). |
| Filing 298 MINUTES (Text Only) for proceedings held via video conference before Senior Judge William B. Shubb: MOTION HEARING held on 9/6/2022 re #285 Defendant Charter Communications' Motion for Leave to File a Surreply; Defendant Charter Communications' Motion Re Viking River Cruises ; #292 Defendant Charter Communications' Motion to Compel Arbitration and Status Conference Re Lift of Stay. Counsel argue. Court grants defendant leave to file a sur-reply #285 . Remaining MOTIONS SUBMITTED. Upon agreement of counsel, Court ORDERS the STAY LIFTED. Plaintiffs' Counsel Jamin Soderstrom present. Defendant's Counsel Nathan Chapman present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K) |
| Filing 296 REPLY by Charter Communications, LLC re #293 Motion to Compel. (Carr, J.) |
| Filing 295 REQUEST for JUDICIAL NOTICE by Lionel Harper. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Soderstrom, Jamin) |
| Filing 294 OPPOSITION by Lionel Harper to #293 Motion to Compel. (Attachments: #1 Declaration of J. Soderstrom, #2 Declaration of Harper)(Soderstrom, Jamin) |
| Filing 293 MOTION to COMPEL Arbitration by Charter Communications, LLC. Motion Hearing set for 9/6/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Declaration of Fries, #2 Proposed Order)(Carr, J.) |
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Filing 292
STIPULATION and ORDER to Modify Scheduling Order signed by Senior Judge William B. Shubb on 7/14/2022: The stay of all case proceedings shall remain in place except for the following limited purposes: 1) The hearing on Charter's anticipated motion based on Viking River Cruises shall be set for 9/6/2022 at 1:30 p.m. before Senior Judge William B. Shubb. Said motion is due by 8/2/2022; response is due on 8/16/2022; reply is due on 8/26/2022; 2) The hearing on Charter's motion for leave to file a sur-reply #285 shall be set for 9/6/2022 at 1:30 p.m. before Senior Judge William B. Shubb; 3) The hearing on Sinclair's renewed motion for class certification #257 shall be set for 10/3/2022 at 1:30 p.m.; 4) A Status Conference shall be held on 9/6/2022 at 1:30 p.m. before Senior Judge William B. Shubb; 5) All other dates and deadlines are vacated pending the Court's ruling on these motions; and 6) Once the motions are decided, the parties shall submit a new proposed scheduling order. (See document for further details.) (Kirksey Smith, K)
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| Filing 291 STIPULATION and PROPOSED ORDER to MODIFY SCHEDULING ORDER by Pedro Abascal et al. (Attachments: #1 Proposed Order)(Soderstrom, Jamin) |
| Filing 290 USCA ORDER as to Case Number 22-80039. The petition for permission to appeal pursuant to 28 U.S.C. 1292(b) is DENIED. (Rodriguez, E) |
| Filing 289 USCA CASE NUMBER 22-80039 re Petition for Permission to Appeal filed directly with 9th Circuit Court of Appeals. (Coll, A) |
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Filing 288
ORDER signed by Senior Judge William B. Shubb on 4/22/2022 re Motions for Reconsideration and Interlocutory Appeal: IT IS ORDERED that plaintiffs' motion for reconsideration #275 be, and the same hereby is, DENIED. IT IS FURTHER ORDERED that plaintiffs' alternative motion #275 for certification for interlocutory appeal of the court's order compelling arbitration #202 , be, and the same hereby is, GRANTED. All proceedings in this case are hereby STAYED pending resolution of the interlocutory appeal, and the hearings on the instant motion #275 and on defendant's motion for leave to file a surreply #285 , currently calendared for 5/2/2022, and on plaintiffs' motion for class certification #257 , currently calendared for 5/21/2022, are hereby VACATED.(Kirksey Smith, K)
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| Filing 287 REPLY by Charter Communications, LLC re #285 Motion for Leave to File Surreply. (Carr, J.) Modified on 4/22/2022 (Kaminski, H). |
| Filing 286 OPPOSITION by Daniel Sinclair to #285 Motion for Leave to File Surreply. (Soderstrom, Jamin) |
| Filing 285 MOTION for Leave to File Surreply re #281 Reply by Charter Communications, LLC. Motion Hearing set for 5/2/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Exhibit A - Surreply, #2 Declaration of J. Scott Carr, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order)(Carr, J.) |
| Filing 284 REPLY by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez re #275 Motion for Reconsideration. (Soderstrom, Jamin) |
| Filing 283 OPPOSITION by Charter Communications, LLC to #275 Motion for Reconsideration. (Attachments: #1 Proposed Order)(Carr, J.) |
| Filing 282 NOTICE of ERRATA by Charter Communications, LLC re #271 Opposition to Motion,,,.. (Attachments: #1 Declaration of Chance Cassidy with Exhibits)(Carr, J.) |
| Filing 281 REPLY by Daniel Sinclair in support of #257 Motion to Certify Class. (Soderstrom, Jamin) |
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Filing 280
ORDER signed by Senior Judge William B. Shubb on 3/9/2022: Plaintiffs' Ex Parte Application #278 is GRANTED IN PART and DENIED IN PART. The hearing on plaintiff Sinclair's Renewed Motion for Class Certification #257 , currently set for 3/21/2022, is hereby CONTINUED to 5/31/2022 at 1:30 p.m. before Senior Judge William B. Shubb. Sinclair's 3/11/2022 deadline to file a reply brief in support of that motion will remain in place.(Kirksey Smith, K)
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| Filing 279 OPPOSITION by Charter Communications, LLC to #278 Ex Parte Application. (Attachments: #1 Declaration of J. Scott Carr, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Carr, J.) Modified on 3/9/2022 (Reader, L). |
| Filing 278 EX PARTE APPLICATION by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez to continue hearing #257 motion for class certification. (Attachments: #1 Declaration of Jamin S. Soderstrom, #2 Proposed Order)(Soderstrom, Jamin) Modified on 3/9/2022 (Reader, L). |
| Filing 277 NOTICE to Reschedule Hearing for 5/2/2022 by All Plaintiffs re #275 Motion for Reconsideration. (Soderstrom, Jamin) Modified on 3/9/2022 (Reader, L). |
| Filing 276 MINUTE ORDER (TEXT ONLY): The parties are hereby notified that #275 Plaintiffs' Motion to Reconsider Order Compelling Arbitration, or Alternatively, to Certify Order for Interlocutory Appeal has been improperly noticed on an unavailable motion date. The motion shall be heard on 5/2/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Counsel for plaintiff is instructed to immediately file and serve an amended notice of motion (only) setting forth the above-referenced date and time, or the motion may be stricken. The parties are further instructed to review Judge Shubb's "Standard Information" on the court's website at www.caed.ucourts.gov at www.caed.ucourts.gov for available hearing dates prior to filing any motions. (Kirksey Smith, K) |
| Filing 275 MOTION for RECONSIDERATION re #202 Order on Motion to Compel by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez. Motion Hearing set for 4/18/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Proposed Order)(Soderstrom, Jamin) Modified on 3/7/2022 (Reader, L). |
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Filing 274
ORDER signed by Senior Judge William B. Shubb on 2/24/2022 re #253 Charter Communications' Motion to Restrict Communications and Issue Curative Notice: IT IS ORDERED that, if defense counsel wishes to send a follow-up communication to the recipients of the attached letter and survey, counsel meet and confer, either remotely or in person, to the extent that such is possible, to discuss the details of such communication; AND IT IS FURTHER ORDERED that within fourteen days from the date of this Order, or at such other time as may be agreed upon by stipulation between the parties, plaintiffs' counsel shall provide defendants' attorneys with a list of the names and addresses of all recipients of any communications sent or caused to be sent by plaintiffs' attorneys or any of their consultants, along with copies of all materials sent to them. (Kirksey Smith, K)
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| Filing 273 OBJECTIONS by Charter Communications, LLC to #257 Renewed Motion for Class Certification, #258 Declaration of Jamin S. Soderstrom, #262 Notice of Errata. (Carr, J.) Modified on 4/7/2022 (Reader, L). |
| Filing 272 REQUEST for JUDICIAL NOTICE by Charter Communications, LLC in re #271 Opposition to Motion,,,. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carr, J.) |
| Filing 271 OPPOSITION by Charter Communications, LLC to #257 Motion to Certify Class,. (Attachments: #1 Declaration of J. Scott Carr, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Compendium of Class Member Declarations, #12 Declaration of Brad Beck, #13 Declaration of Chance Cassidy, #14 Declaration of Donna Berkowitz, #15 Declaration of Harmony Morrison, #16 Declaration of Iba Dawson, #17 Declaration of Lynda Arnold, #18 Declaration of Marco Sprague, #19 Declaration of Marcy Baquero, #20 Declaration of Mike Erickson, #21 Declaration of Natisha Carn, #22 Declaration of Raul Salcedo, #23 Declaration of Ronald Bushrod, #24 Declaration of Sharon Guillory, #25 Declaration of Trevor Magruder, #26 Supplemental Declaration of Natisha Carn, #27 Proposed Order)(Carr, J.) |
| Filing 270 MINUTES (Text Only) for proceedings held via video conference before Senior Judge William B. Shubb: MOTION HEARING held on 2/22/2022 re #253 Defendant Charter Communications, LLC's Motion to Restrict Further Communications Between Plaintiffs' Counsel and the Putative Class and Issue Curative Notice. Court confers with counsel and counsel argue. Due to technical difficulties during the Zoom session, oral argument did not conclude, and the matter is, therefore, removed from today's calendar and will be rescheduled on a date to be determined by the court. The parties will receive further notice of the newly-scheduled motion hearing date. Plaintiffs' Counsel Jamin Soderstrom present. Defendants' Counsel Nathan Chapman present. Court Reporter: Tiphanne Crowe. (Kirksey Smith, K) |
| Filing 269 REPLY by Charter Communications, LLC in SUPPORT of #253 Motion to restrict further communications. (Attachments: #1 Declaration of J. Scott Carr, #2 Exhibit 1, #3 Exhibit 2)(Carr, J.) Modified on 2/16/2022 (Mena-Sanchez, L). |
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Filing 268
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/9/2022 MODIFYING the #213 Scheduling Order as follows: Designation of Expert Witnesses due by 5/27/2022. Rebuttal Expert Disclosures due by 6/17/2022. Discovery cut-off is 7/15/2022. Motions filed by 8/12/2022. Opposition Briefs due by 9/9/2022. Reply Briefs due by 9/30/2022. Hearing on All Motion set for 10/17/2022 at 01:30 PM, Final Pretrial Conference set for 12/5/2022 at 01:30 PM, and Jury Trial set for 2/7/2023 at 09:00 AM, all in Courtroom 5 (WBS) before Senior Judge William B. Shubb. When Viking River Cruises has been decided by the Supreme Court, the Parties shall promptly file a joint status report and shall take the necessary steps to have this matter set for a status conference. (Coll, A)
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| Filing 267 OPPOSITION by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez to #253 Motion to restrict further communications. (Attachments: #1 Declaration of J. Soderstrom)(Soderstrom, Jamin) Modified on 2/9/2022 (Reader, L). |
| Filing 266 STIPULATION and Request to Modify Scheduling Order by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez. (Attachments: #1 Proposed Order)(Soderstrom, Jamin) Modified on 2/8/2022 (Reader, L). |
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Filing 265
ORDER signed by Magistrate Judge Dennis M. Cota on 02/04/2022 VACATING #233 Motion to Compel; DENYING #248 Defendant's Ex Parte Motion to extend deadline. (Rodriguez, E)
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| Filing 264 STATEMENT of NON-OPPOSITION by Pedro Abascal et al to #237 Motion to Dismiss. (Soderstrom, Jamin) |
| Filing 263 NOTICE of WITHDRAWL of #237 Motion to Dismiss by Charter Communications, LLC . (Carr, J.) Modified on 2/1/2022 (Coll, A). |
| Filing 262 NOTICE of ERRATA by All Plaintiffs re #257 Motion to Certify Class.. (Attachments: #1 Declaration of Abascal, #2 Declaration of Vazquez, #3 Declaration of Turner, #4 Declaration of Sinclair, #5 Declaration of Harper, #6 Declaration of Pitzak, #7 Declaration of Roberts)(Soderstrom, Jamin) |
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Filing 261
ORDER signed by Senior Judge William B. Shubb on 1/26/2022: Charter Communications' motion to stay #246 is GRANTED, and all proceedings on plaintiff Harper's PAGA claim are STAYED pending the outcome in Viking River Cruises. Once Viking River Cruises has been decided by the Supreme Court, counsel shall promptly file a joint status report and shall take the necessary steps to have this matter set for a status conference. Harper's requests to sustain objections and the request for certification for interlocutory appeal #243 are DENIED AS MOOT. This denial is without prejudice to the parties submitting any requests to the Magistrate Judge in light of the changed circumstances. Charter's ex parte application to extend the production deadline #248 is hereby REFERRED TO THE ASSIGNED MAGISTRATE JUDGE pursuant to 28 U.S.C. 636(b)(1)(A). The hearings on these motions and on Harper's motion for partial summary judgment #236 , currently scheduled on 2/7/2022 and 3/7/2022, before the undersigned are hereby VACATED, subject to being renoticed for hearing after the stay has been lifted. (Kirksey Smith, K)
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| Filing 260 STATEMENT of NON-OPPOSITION by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez re #246 MOTION to STAY. (Soderstrom, Jamin) |
| Filing 259 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by All Plaintiffs. (Attachments: #1 Request to Seal, #2 Proposed Order)(Soderstrom, Jamin) |
| Filing 258 DECLARATION of Jamin S. Soderstrom re #257 Motion to Certify Class,. (Attachments: #1 Exhibit 1 of Soderstrom Declaration, #2 Exhibit 2 of Soderstrom Declaration, #3 Exhibit 3 of Soderstrom Declaration, #4 Exhibit 4 of Soderstrom Declaration, #5 Exhibit 5 of Soderstrom Declaration, #6 Exhibit 6 of Soderstrom Declaration, #7 Exhibit 7 of Soderstrom Declaration, #8 Exhibit 8 of Soderstrom Declaration, #9 Exhibit 9 of Soderstrom Declaration, #10 Exhibit 10 of Soderstrom Declaration, #11 Exhibit 11 of Soderstrom Declaration, #12 Exhibit 12 of Soderstrom Declaration, #13 Exhibit 13 of Soderstrom Declaration, #14 Exhibit 14 of Soderstrom Declaration, #15 Exhibit 15 of Soderstrom Declaration, #16 Exhibit 16 of Soderstrom Declaration, #17 Exhibit 17 of Soderstrom Declaration, #18 Exhibit 18 of Soderstrom Declaration, #19 Exhibit 19 of Soderstrom Declaration, #20 Exhibit 20 of Soderstrom Declaration, #21 Exhibit 21 of Soderstrom Declaration, #22 Exhibit 22 of Soderstrom Declaration, #23 Exhibit 23 of Soderstrom Declaration, #24 Exhibit 24 of Soderstrom Declaration, #25 Exhibit 25 of Soderstrom Declaration, #26 Exhibit 26 of Soderstrom Declaration, #27 Exhibit 27 of Soderstrom Declaration, #28 Exhibit 28 of Soderstrom Declaration, #29 Exhibit 29 of Soderstrom Declaration, #30 Exhibit 30 of Soderstrom Declaration, #31 Exhibit 31 of Soderstrom Declaration, #32 Exhibit 32 of Soderstrom Declaration, #33 Exhibit 33 of Soderstrom Declaration, #34 Exhibit 34 of Soderstrom Declaration, #35 Exhibit 35 of Soderstrom Declaration, #36 Exhibit 36 of Soderstrom Declaration, #37 Exhibit 37 of Soderstrom Declaration, #38 Exhibit 38 of Soderstrom Declaration, #39 Exhibit 39 of Soderstrom Declaration, #40 Exhibit 40 of Soderstrom Declaration, #41 Exhibit 41 of Soderstrom Declaration, #42 Exhibit 42 of Soderstrom Declaration, #43 Exhibit 43 of Soderstrom Declaration, #44 Exhibit 44 of Soderstrom Declaration, #45 Exhibit 45 of Soderstrom Declaration, #46 Exhibit 46 of Soderstrom Declaration, #47 Exhibit 47 of Soderstrom Declaration, #48 Exhibit 48 of Soderstrom Declaration, #49 Exhibit 49 of Soderstrom Declaration)(Soderstrom, Jamin) |
| Filing 257 MOTION to CERTIFY CLASS by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez. Motion Hearing set for 3/21/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Declaration of Abascal, #2 Declaration of Vazquez, #3 Declaration of Turner, #4 Declaration of Sinclair, #5 Declaration of Harper, #6 Declaration of Roberts, #7 Declaration of Pitzak, #8 Proposed Order)(Soderstrom, Jamin) |
| Filing 256 WITHDRAWAL of #149 Motion to Certify Class, filed by Daniel Sinclair, Lionel Harper, Pedro Abascal, Luis Vazquez, Hassan Turner. (Soderstrom, Jamin) |
| Filing 255 OPPOSITION by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez to #237 Motion to Dismiss. (Soderstrom, Jamin) |
| Filing 254 MINUTE ORDER (TEXT ONLY ): Pursuant to the court's Minute Order (Text Only) (Docket No. 250) issued 1/11/2022 rescheduling the hearing on Defendant's #248 Ex Parte Application to Extend Deadline to Produce Data to 2/7/2022, the deadline to produce data is hereby EXTENDED until the court has ruled on Defendant's Ex Parte Application and on Defendant's #246 Motion to Stay Proceedings. (Kirksey Smith, K) |
| Filing 253 MOTION to RESTRICT COMMUNICATIONS Between Plaintiffs' Counsel and the Putative Class and for Curative Notice by Charter Communications, LLC. Motion Hearing set for 2/22/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Declaration of J. Scott Carr, #2 Declaration of Kasei Reed, #3 Proposed Order)(Carr, J.) |
| Filing 252 REPLY by Pedro Abascal et al to RESPONSE to #248 Motion to Continue. (Soderstrom, Jamin) |
| Filing 251 REPLY by Charter Communications, LLC in support of #248 Motion to Continue. (Carr, J.) |
| Filing 250 MINUTE ORDER (TEXT ONLY): On the court's own motion, the parties are hereby notified that the hearing on Defendant's #246 Motion to Stay Proceedings Pending Supreme Court Decision and Defendant's #248 Ex Parte Application to Extend Deadline and Continue Hearing on Motion for Partial Summary Judgment is ADVANCED to 2/7/2022 at 1:30 PM before Senior Judge William B. Shubb, to be heard with Defendant's #237 Renewed Motion to Dismiss Count Nine of Plaintiffs' Second Amended Complaint in Its Entirety and Count Five In Part. The hearing on Plaintiff Lionel Harper's #243 Motion to Sustain Objections to Discovery Order or, Alternatively, to Certify Order for Interlocutory Appeal is hereby CONTINUED to 3/7/2022 at 1:30 PM before Senior Judge William B. Shubb. The hearing on Plaintiff Harper's #236 Motion for Partial Summary Judgment or Adjudication on the PAGA Claim (Count 10) is also hereby CONTINUED to 3/7/2022 at 1:30 PM before Senior Judge William B. Shubb, subject to that hearing being vacated if the court grants Defendant's #246 Motion to Stay Proceedings. (Kirksey Smith, K) |
| Filing 249 OPPOSITION by Pedro Abascal et al to #248 Motion to Continue. (Attachments: #1 Declaration of J. Soderstrom)(Soderstrom, Jamin) |
| Filing 248 EX PARTE APPLICATION to EXTEND DEADLINE to Produce Data for Sample of Allegedly Aggrieved Employees Under PAGA and to CONTINUE HEARING on Plaintiff's #236 Motion for Partial Summary Judgment by Charter Communications, LLC. (Attachments: #1 Declaration, #2 Proposed Order) (Carr, J.) Modified on 1/10/2022 (York, M). |
| Filing 247 TRANSCRIPT of Proceedings held on 11/29/21, before Senior Judge William B. Shubb, filed by Court Reporter Kimberly Bennett, Phone number 916-741-3475 E-mail reporter.bennett@gmail.com. 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 1/31/2022. Redacted Transcript Deadline set for 2/10/2022. Release of Transcript Restriction set for 4/11/2022. (Bennett, K) |
| Filing 246 AMENDED #245 MOTION to STAY Proceedings Pending the Supreme Court's Decision by Charter Communications, LLC. (Carr, J.) Modified on 1/10/2022 (York, M). |
| Filing 245 MOTION to STAY Proceedings Pending the Supreme Court's Decision by Charter Communications, LLC. Motion Hearing set for 2/22/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Proposed Order) (Carr, J.) |
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Filing 244
ORDER signed by Magistrate Judge Dennis M. Cota on 12/28/21 CONTINUING the hearing on #233 Harper's Motion to Compel to 2/23/2022 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Kastilahn, A)
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| Filing 243 MOTION TO SUSTAIN OBJECTIONS to Discovery Order, alternatively, to Certify Order for interlocutory Appeal and Stay Order re #234 Order, by Plaintiffs. Motion Hearing SET for 2/7/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Proposed Order)(Soderstrom, Jamin) Modified on 12/29/2021 (Mena-Sanchez, L). |
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Filing 242
ORDER signed by Senior Judge William B. Shubb on 12/23/2021 CONTINUING Hearings on #236 Motion for Partial Summary Judgment, and #237 Motion to Dismiss to 2/7/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The briefing and hearing scheduled for Plaintiffs' Class Certification Motion is hereby MODIFIED: Renewed Class Certification Motion by 1/24/2022 #149 . Deadline to file a response due by 2/23/2022, Deadline to file a reply by 3/11/2022, and Hearing on Motion is 3/21/2022 at 01:30 PM. Magistrate Judge Cota's discovery order #234 is hereby STAYED, along with the Parties' respective obligations and deadlines, until 14 days after the Court rules on Plaintiffs' objections to such order.(Reader, L)
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| Filing 241 STIPULATION and PROPOSED ORDER for to Continue Hearing on Motion to Compel by Charter Communications, LLC. (Attachments: #1 Proposed Order)(Carr, J.) |
| Filing 240 STIPULATION and PROPOSED ORDER to Continue Hearings and to Stay Discovery by Charter Communications, LLC. (Attachments: #1 Proposed Order)(Carr, J.) Modified on 12/22/2021 (Huang, H). |
| Filing 239 MINUTE ORDER (TEXT ONLY): On the Court's own motion, the parties are hereby notified that #237 Defendant Charter Communications, LLC's Renewed Motion to Dismiss Count Nine of Plaintiffs' Second Amended Complaint in Its Entirety and Count Five in Part currently set for hearing on 1/10/2022 is continued to 1/24/2022 at 1:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, so that it may be heard along with #236 Plaintiff 's Motion for Partial Summary Judgment or Adjudication on the Paga Claim (Count 10). (Kirksey Smith, K) |
| Filing 238 TRANSCRIPT REQUEST by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez for proceedings held on December 8, 2021 before Judge Dennis Cota. Court Reporter ECRO Jonathan Anderson. (Soderstrom, Jamin) |
| Filing 237 MOTION to DISMISS by Charter Communications, LLC. Motion Hearing set for 1/10/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Proposed Order)(Carr, J.) |
| Filing 236 MOTION FOR PARTIAL SUMMARY JUDGMENT by Lionel Harper. Motion Hearing set for 1/24/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Declaration of Harper, #2 Declaration of J. Soderstrom, #3 Statement, #4 Proposed Order)(Soderstrom, Jamin) |
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Filing 235
ORDER signed by Senior Judge William B. Shubb on 12/13/2021 APPROVING the following briefing schedule: Renewed Class Certification Motion due by 1/10/2022. Response due by 2/9/2022. Reply due by 2/25/2022. Motion Hearing set for 3/7/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Coll, A) Modified on 12/13/2021 (Coll, A).
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Filing 234
ORDER signed by Magistrate Judge Dennis M. Cota on 12/10/2021 DENYING #207 Motion to Compel as to the discovery at issue served on Plaintiffs Turner, Vasquez, and Abascal; and GRANTING #207 Motion to Compel as to Interrogatory Nos. 1, 2, and 21, and Request for Production Nos. 19, 20, and 51, served on Plaintiff Harper, who shall provide further responses thereto and produce the documents requested, without objection, within 30 days of the date of this order. Defendant's counsel shall file a declaration in support of reasonable expenses within 30 days of the date of this order. Plaintiff's counsel may file a response to any declaration filed within 14 days of the date of service of Defendant's declaration. (Huang, H)
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| Filing 233 MOTION to COMPEL Further Discovery Responses and Production of Documents and ESI Concerning his Requests for Production 78 and 80 by Lionel Harper. Motion Hearing set for 1/5/2022 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Soderstrom, Jamin) Modified on 12/13/2021 (Huang, H). |
| Filing 232 STIPULATION Concerning Renewed Class Certification Motion Briefing and Hearing Schedule by All Plaintiffs. (Soderstrom, Jamin) Modified on 12/13/2021 (Huang, H). |
| Filing 231 TRANSCRIPT REQUEST by Charter Communications, LLC for proceedings held on 12/8/2021 before Judge Dennis M. Cota. Court Reporter ECRO Jonathan Anderson. (Chapman, Nathan) |
| Filing 230 MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Dennis M. Cota: MOTION HEARING held on 12/8/2021. Motion submitted after oral arguments were heard. Plaintiffs' Counsel Jamin S. Soderstrom telephonically present. Defendant's Counsel Nathan Chapman telephonically present. (Pine, C) |
| Filing 229 TRANSCRIPT REQUEST by Charter Communications, LLC for proceedings held on 11/29/2021 before Judge Shubb. Court Reporter Kimberly Bennett. (Ozmer, Joseph) |
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Filing 228
ORDER signed by Magistrate Judge Dennis M. Cota on 12/06/21 GRANTING #207 Request to Appear Telephonically through CourtCall. (Benson, A.)
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| Filing 227 REQUEST FOR TELEPHONIC APPEARANCE at the 12/8/2021 Motion hearing re #207 Motion to Compel by Charter Communications, LLC. (Attachments: #1 Proposed Order)(Carr, J.) |
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Filing 226
ORDER signed by Magistrate Judge Dennis M. Cota on 12/2/21 AUTHORIZING Plaintiffs' counsel to appear telephonically through CourtCall at the 12/8/21, 10:00 a.m., defendant's motion to compel hearing. (Kastilahn, A)
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| Filing 225 REQUEST to APPEAR TELEPHONICALLY at 12/8/21 hearing by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez re #207 Motion to Compel. (Attachments: #1 Proposed Order)(Soderstrom, Jamin) Modified on 12/2/2021 (Kaminski, H). |
| Filing 224 JOINT STATEMENT RE: DISCOVERY DISAGREEMENT filed by Defendant Charter Communications, LLC re #207 Motion to Compel. (Attachments: #1 Declaration of Carr with Exhibits, #2 Declaration of Soderstrom with Exhibits)(Carr, J.) |
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Filing 223
ORDER signed by Senior Judge William B. Shubb on 11/30/2021 GRANTING #211 Motion to Lift the Stay and DIRECTING the parties to stipulate to a briefing schedule and hearing date for Sinclair's renewed motion for class certification. (Coll, A)
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Filing 222
ORDER signed by Senior Judge William B. Shubb on 11/30/2021 AMENDING #203 Order to clarify that the statute of limitations precludes Harper from challenging wage statement violations alleged to have occurred prior to 9/14/2017, rather than prior to 7/11/2017; DENYING #205 Motion for Reconsideration; and DENYING Charter's Alternative Request for Certification for Interlocutory Appeal. (Coll, A)
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| Filing 221 MINUTES (Text Only) for proceedings held via video conference before Senior Judge William B. Shubb: MOTION HEARING held on 11/29/2021 re #205 Defendant's Motion for Reconsideration, or in the Alternative, Motion to Certify for Interlocutory Appeal and #211 Plaintiff Daniel Sinclair's Motion to Lift the Stay of His Claims. Counsel argue. MOTIONS SUBMITTED. The Court to issue a separate order. Plaintiffs' Counsel Jamin Soderstrom present. Defendants' Counsel Joseph Ozmer, II, Nathan Chapman present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K) |
| Filing 220 RESPONSE by Charter Communications, LLC to #219 Objections. (Carr, J.) |
| Filing 219 OBJECTIONS by Plaintiffs Pedro Abascal et al to #218 Reply. (Soderstrom, Jamin) Modified on 11/24/2021 (Coll, A). |
| Filing 218 REPLY by Charter Communications, LLC re #205 Motion for Reconsideration. (Attachments: #1 Declaration of J. Scott Carr, #2 Exhibit 1, #3 Exhibit 2)(Carr, J.) Modified on 12/16/2021 (Reader, L). |
| Filing 217 REPLY by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez re #211 Motion to lift the stay of his claims. (Attachments: #1 Supplemental Declaration of J. Soderstrom)(Soderstrom, Jamin) Modified on 12/16/2021 (Reader, L). |
| Filing 216 MINUTE ORDER issued by Courtroom Deputy C. Pine for Magistrate Judge Dennis M. Cota on 11/22/2021: (Text Only Entry) An in-person hearing has been set in this matter. All parties are hereby advised, pursuant to Eastern District Court General Order No. 638, issued on November 2, 2021, that any individual wishing to appear in person must be fully vaccinated against COVID-19. "Fully vaccinated" means two weeks have passed since the second dose of a two-dose COVID-19 vaccine or since the single dose of a one-dose COVID-19 vaccine. Proof of vaccination must be submitted to the Clerk of the Court at lease five (5) days prior to the scheduled hearing. To submit proof of vaccination, visit wwwcaed.uscourts.gov and click "COVID-19 Vaccination Submission." Individuals who are not fully vaccinated will need to contact the Court, no later than five (5) days prior to the hearing, regarding the availability of alternatives to appearing in person for the scheduled matter.(Pine, C) |
| Filing 215 OPPOSITION by Charter Communications, LLC to #211 Motion to Lift the Stay. (Carr, J.) Modified on 11/18/2021 (Mena-Sanchez, L). |
| Filing 214 OPPOSITION by Plaintiffs to #205 Motion for Reconsideration. (Attachments: #1 Declaration of J. Soderstrom)(Soderstrom, Jamin) Modified on 11/18/2021 (Mena-Sanchez, L). |
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Filing 213
ORDER signed by Senior Judge William B. Shubb on 11/15/2021 MODIFYING #159 Order as follows: Deadline for Charter to complete its production of additional sampling documents/ESI: 1/14/2022, Deadline to Disclose Expert Witnesses: 2/25/2022, Deadline to Disclose Rebuttal Expert Witnesses: 3/18/2022, Discovery cut-off: 4/1/2022, Motion filing cut-off: 4/25/2022, Deadline to file Opposition Briefs: 5/23/2022, Deadline to file Reply Briefs: 6/3/2022, Hearing on All Motions: 6/13/2022 at 1:30 PM, Final Pretrial Conference set for 8/15/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, and Jury Trial set for 10/4/2022 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Huang, H)
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| Filing 212 STIPULATION and PROPOSED ORDER to Modify re #159 Scheduling Order, by Charter Communications, LLC. (Attachments: #1 Proposed Order)(Carr, J.) Modified on 11/18/2021 (Mena-Sanchez, L). |
| Filing 211 MOTION TO LIFT THE STAY OF HIS CLAIMS by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez. Motion Hearing set for 11/29/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Declaration of J. Soderstrom. Soderstrom and Exhibit 1, #2 Proposed Order)(Soderstrom, Jamin) Modified on 11/2/2021 (Reader, L). |
| Filing 210 SUPPLEMENT by Charter Communications, LLC re #205 MOTION for RECONSIDERATION re #203 Order. (Attachments: #1 Exhibit)(Carr, J.) |
| Filing 209 TRANSCRIPT REQUEST by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez for proceedings held on October 4, 2021 before Judge William B. Shubb. Court Reporter Tiphanne Crowe. (Soderstrom, Jamin) |
| Filing 208 TRANSCRIPT of Motion Hearing Proceedings held on 10/04/2021, before Senior Judge William B. Shubb, filed by Court Reporter Tiphanne Crowe, Phone number 916-743-0122 E-mail Tcrowe.CSR@gmail.com. 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 11/19/2021. Redacted Transcript Deadline set for 12/2/2021. Release of Transcript Restriction set for 1/27/2022. (Crowe, T) |
| Filing 207 MOTION to COMPEL Further Responses to Interrogatories and Document Requests by Charter Communications, LLC. Motion Hearing set for 12/8/2021 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Carr, J.) |
| Filing 206 WITHDRAWAL of #194 Motion to Compel filed by Charter Communications, LLC. (Carr, J.) |
| Filing 205 MOTION for RECONSIDERATION of #203 Order by Charter Communications, LLC. Motion Hearing set for 11/29/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Proposed Order)(Carr, J.) |
| Filing 204 TRANSCRIPT REQUEST by Charter Communications, LLC for proceedings held on October 4, 2021 before Judge Shubb. Court Reporter Tiphanne Crowe. (Chapman, Nathan) |
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Filing 203
ORDER signed by Senior Judge William B. Shubb on 10/12/21 ORDERING that Charter's Motion to Dismiss Count Five of plaintiffs' Second Amended Complaint in part and Count Nine of plaintiffs' Second Amended Complaint in its entirety be, and the same hereby is, DENIED without prejudice to the motion being renewed in the event that the stay ordered in the accompanying Order Re: Defendant's Motions to Compel Arbitration is lifted. IT IS FURTHER ORDERED that Charter's Motion to Dismiss Count Ten of plaintiffs' Second Amended Complaint, insofar as it is based on alleged violations of Labor Code Sections 226 and 1174(d) that occurred prior to July 11, 2017, be, and the same hereby is, GRANTED. In all other respects Charter's Motion to Dismiss Count Ten of plaintiffs' Second Amended Complaint be, and the same hereby is, DENIED. (Kaminski, H)
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Filing 202
ORDER signed by Senior Judge William B. Shubb on 10/12/21 GRANTING #162 Motion to Compel and #165 Motion to Compel. IT IS FURTHER ORDERED that, as to the claims presented in Counts One through Nine of the Second Amended Complaint only, this action is STAYED pending arbitration of plaintiff Harper, Turner, Vazquez, and Abascal's individual claims. (Kaminski, H)
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Filing 201
ORDER signed by Senior Judge William B. Shubb on 10/12/21 DENYING #174 Motion to modify the scheduling order and for leave to file a Third Amended Complaint. (Kaminski, H)
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| Filing 200 NOTICE to RESCHEDULE HEARING on #194 Motion to Compel : Motion Hearing set for 11/3/2021 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Carr, J.) |
| Filing 199 WITHDRAWAL of #195 Motion to Compel, by All Plaintiffs. (Soderstrom, Jamin) Modified on 10/13/2021 (Huang, H). |
| Filing 198 MINUTES (Text Only) for proceedings held via video conference before Senior Judge William B. Shubb: MOTION HEARING held on 10/4/2021 re #162 Defendant Charter Communications, LLC's Motion to Compel Arbitration as to Plaintiff Lionel Harper, #163 Defendant Charter Communications, LLC's Motion to Dismiss, #165 Defendant Charter Communications, LLC's Motion to Compel Arbitration as to Plaintiffs Hassan Turner, Luis Vazquez, and Pedro Abascal And Dismiss and #174 Plaintiffs' Motion to Modify The Scheduling Order and for Leave to File a Third Amended Complaint. Counsel argue. MOTIONS SUBMITTED. The Court shall issue a separate order. Plaintiffs' Counsel Jamin Soderstrom present. Defendants' Counsel Nathan Chapman, Joseph Ozmer, II present. Court Reporter: Tiphanne Crowe. (Kirksey Smith, K) |
| Filing 197 RESPONSE by Charter Communications, LLC to #196 Notice of Supplemental Authority. (Carr, J.) Modified on 10/6/2021 (Reader, L). |
| Filing 196 NOTICE of Supplemental Authority in opposition to motion to compel arbitration #162 by All Plaintiffs. (Soderstrom, Jamin) Modified on 10/6/2021 (Reader, L). |
| Filing 195 MOTION to COMPEL further discovery responses and production of documents and ESI by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez. Motion Hearing set for 10/20/2021 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Soderstrom, Jamin) Modified on 9/30/2021 (Coll, A). |
| Filing 194 MOTION to COMPEL Further Responses to Interrogatories and Document Requests by Charter Communications, LLC. Motion Hearing set for 10/20/2021 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Carr, J.) |
| Filing 193 MINUTE ORDER (TEXT ONLY): The Court HEREBY ORDERS Defendants' Motion for Priority Consideration of Defendants' Motions to Compel Arbitration #166 GRANTED. The Court will hear oral argument on Defendants' Motion to Compel Arbitration re Plaintiff Lionel Harper #162 ; Defendants' Motion to Dismiss #163 ; Defendants' Motion to Compel Arbitration re Plaintiffs' Hassan Turner, Luis Vazquez, and Pedro Abascal #165 ; and Plaintiffs' Motion to Modify the Scheduling Order and for Leave to File a Third Amended Complaint #174 on 10/4/2021 at 1:30 PM, to be held via Zoom video conference. (The courtroom deputy will email counsel with instructions on how to participate in the Zoom session.) The Court will reset oral argument on Plaintiffs' Renewed Motion for Class Certification #149 after the aforementioned motions have been decided.(Weisel, D) Modified on 9/27/2021 (Kirksey Smith, K). |
| Filing 192 RESPONSE by Pedro Abascal et al to #186 Notice of Supplemental Authority. (Soderstrom, Jamin) |
| Filing 191 OBJECTIONS by Pedro Abascal et al to #185 Request for Judicial Notice. (Soderstrom, Jamin) |
| Filing 190 REPLY to RESPONSE to #174 Motion to Modify Scheduling Order by Pedro Abascal et al. (Soderstrom, Jamin) |
| Filing 189 OBJECTIONS by Defendant Charter Communications, LLC to #172 Opposition to Motion, #173 Opposition to Motion, #174 Motion to Modify the Scheduling Order. (Carr, J.) |
| Filing 188 OPPOSITION by Charter Communications, LLC to #174 Motion for Miscellaneous Relief,. (Attachments: #1 Proposed Order)(Carr, J.) |
| Filing 187 REPLY by Charter Communications, LLC in support of #163 Motion to Dismiss. (Carr, J.) |
| Filing 186 NOTICE of SUPPLEMENTAL AUTHORITY by Charter Communications, LLC in support of #175 Opposition to Motion. (Carr, J.) |
| Filing 185 REQUEST for Judicial Notice by Charter Communications, LLC re #183 Reply filed by Charter Communications, LLC, #182 Reply filed by Charter Communications, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Carr, J.) |
| Filing 184 [DISREGARD - Duplicate of #184 Request for Judicial Notice] REQUEST for Judicial Notice by Charter Communications, LLC re #183 Reply filed by Charter Communications, LLC, #182 Reply filed by Charter Communications, LLC. (Carr, J.) Modified on 9/21/2021 (Coll, A). |
| Filing 183 REPLY by Charter Communications, LLC in support of #162 Motion to Compel. (Carr, J.) |
| Filing 182 REPLY by Charter Communications, LLC in support of #165 Motion to Compel. (Carr, J.) |
| Filing 181 REPLY by Charter Communications, LLC in support of #166 Motion for Priority Consideration. (Carr, J.) |
| Filing 180 OBJECTIONS by Plaintiffs Pedro Abascal et al to #176 Request for Judicial Notice. (Soderstrom, Jamin) |
| Filing 179 REPLY by Pedro Abascal et al in support of #149 Motion to Certify Class. (Attachments: #1 Declaration of J. Soderstrom, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13)(Soderstrom, Jamin) |
| Filing 178 NOTICE of Lodging by Charter Communications, LLC re #175 Opposition to Motion. (Carr, J.) Modified on 8/31/2021 (Mena-Sanchez, L). |
| Filing 177 OBJECTIONS by Defendant Charter Communications, LLC to #149 Renewed Motion to Certify Class. (Carr, J.) |
| Filing 176 REQUEST for Judicial Notice by Charter Communications, LLC re #175 Opposition to Motion. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Carr, J.) Modified on 8/30/2021 (Mena-Sanchez, L). |
| Filing 175 OPPOSITION by Charter Communications, LLC to #149 Motion to Certify Class. (Attachments: #1 Declaration of J. Scott Carr, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Compendium of Class Member Declarations, #11 Exhibit 1, #12 Declaration of Natisha Carn, #13 Declaration of Brad Beck, #14 Declaration of Raul Salcedo, #15 Declaration of Chance Cassidy, #16 Exhibit A, #17 Exhibit B, #18 Exhibit C, #19 Declaration of Lynda Arnold, #20 Declaration of Iba Dawson, #21 Declaration of Marco Sprague, #22 Declaration of Ronald Bushrod, #23 Declaration of Mike Erickson, #24 Declaration of Sharon Guillory, #25 Declaration of Trevor Magruder, #26 Declaration of Donna Berkowitz, #27 Declaration of Harmony Morrison, #28 Declaration of Marcy Baquero, #29 Proposed Order)(Carr, J.) Modified on 8/30/2021 (Mena-Sanchez, L). |
| Filing 174 MOTION PLAINTIFFS MOTION TO MODIFY THE SCHEDULING ORDER AND FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT by Plaintiffs. Motion Hearing SET for 10/4/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Declaration of J. Soderstrom, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order)(Soderstrom, Jamin) Modified on 8/30/2021 (Mena-Sanchez, L). |
| Filing 173 OPPOSITION by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez to #165 Motion to Compel,. (Attachments: #1 Declaration of J. Soderstrom, #2 Exhibit 1, #3 Exhibit 2, #4 Declaration of L. Harper, #5 Exhibit 1, #6 Declaration of P. Abascal, #7 Declaration of H. Turner, #8 Declaration of L. Vazquez)(Soderstrom, Jamin) |
| Filing 172 OPPOSITION by Lionel Harper to #162 Motion to Compel. (Attachments: #1 Declaration of J. Soderstrom, #2 Exhibit 1, #3 Exhibit 2, #4 Declaration of L. Harper, #5 Exhibit 1)(Soderstrom, Jamin) Modified on 8/31/2021 (Mena-Sanchez, L). |
| Filing 171 REQUEST for JUDICIAL NOTICE by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez. (Soderstrom, Jamin) |
| Filing 170 OPPOSITION by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez to #163 Motion to Dismiss. (Attachments: #1 Declaration of J Soderstromamin Soderstrom, #2 Exhibit 1, #3 Exhibit 2)(Soderstrom, Jamin) |
| Filing 169 OPPOSITION by Plaintiffs to #166 Motion. (Soderstrom, Jamin) Modified on 8/31/2021 (Mena-Sanchez, L). |
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Filing 168
ORDER signed by Magistrate Judge Dennis M. Cota on 8/27/2021 AWARDING monetary sanctions to Plaintiffs in the amount of $13,333.00, payable by Defendant Charter to Plaintiffs within 30 days of the date of this order. (Huang, H)
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| Filing 166 MOTION for Priority Consideration of Motions to Compel Arbitration #162 , #165 and Motion to Dismiss #163 by Charter Communications, LLC. Motion Hearing set for 10/4/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Proposed Order)(Carr, J.) Modified on 8/9/2021 (Reader, L). |
| Filing 165 MOTION to COMPEL Arbitration by Charter Communications, LLC. Motion Hearing set for 10/4/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Affidavit of Fries 5.28.21, #2 Affidavit of Fries re Abascal, #3 Affidavit of Fries re Turner, #4 Affidavit of Fries re Vazquez, #5 Proposed Order)(Carr, J.) |
| Filing 163 MOTION to DISMISS by Charter Communications, LLC. Motion Hearing set for 10/4/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Proposed Order)(Carr, J.) |
| Filing 162 MOTION to COMPEL Arbitration by Charter Communications, LLC. Motion Hearing set for 10/4/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Affidavit of Fries, #2 Proposed Order)(Carr, J.) |
| Filing 161 NOTICE OF RESETTING HEARING FOR PLAINTIFFS RENEWED MOTION FOR CLASS CERTIFICATION by All Plaintiffs re #149 Renewed Motion to Certify Class. (Soderstrom, Jamin) |
| Filing 160 NOTICE of Withdrawal of #140 Motion to Compel Arbitration. (Carr, J.) Modified on 7/9/2021 (Mena-Sanchez, L). |
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Filing 159
ORDER signed by Senior Judge William B. Shubb on 6/25/2021 MODIFYING the Scheduling Order as follows: Deadline for Charter to withdraw without prejudice or file a notice resetting the hearing on its Motion to Compel is 7/9/2021. Motion to Compel Arbitration due by 8/6/2021. Opposition to Motion to Compel due by 8/30/2021. Reply in support of Renewed Motion for Class Certification due by 9/20/2021. Designation of Expert Witnesses due by 12/20/2021. Rebuttal Expert Witnesses due by 1/18/2022. Discovery cut-off is 2/7/2022. Motion cut-off is 2/28/2022. Opposition briefs due by 3/28/2022. Replies due by 4/11/2022. Renewed Motion for Class Certification Hearing set for 10/4/2021 at 01:30 PM, Hearing on All Motions set for 4/18/2022 at 01:30 PM, Final Pretrial Conference set for 6/20/2022 at 01:30 PM, Trial set for 8/9/2022 at 09:00 AM, all in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Coll, A)
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| Filing 158 STIPULATION and PROPOSED ORDER for modifying scheduling order by Pedro Abascal, Lionel Harper, Daniel Sinclair, Hassan Turner, Luis Vazquez. (Attachments: #1 Proposed Order)(Soderstrom, Jamin) |
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Filing 157
PRO HAC VICE ORDER signed by Senior Judge William B. Shubb on 06/21/21 Added attorney Nathan D. Chapman, PHV for Charter Communications, LLC. (Benson, A.)
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| Filing 156 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Charter Communications, LLC for attorney Nathan D. Chapman to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9659008) (Carr, J.) |
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Filing 155
ORDER SUBSTITUTING ATTORNEY signed by Senior Judge William B. Shubb on 6/17/2021: Attorney Joseph Windsor Ozmer, II added for Charter Communications, LLC in place of attorney Kathryn T. McGuigan, Zachary W. Shine, Nicole L. Antonopoulos, Sarah Zenewicz. (Zignago, K.)
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Filing 154
ORDER SUBSTITUTING ATTORNEY signed by Senior Judge William B. Shubb on 6/17/2021: Attorney J. Scott Carr added for Charter Communications, LLC, in place of attorney Zachary W. Shine, Nicole Antonopoulos and Kathryn T. McGuigan. (Zignago, K.)
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| Filing 153 STIPULATION to Extend Time to Respond to #147 Amended Complaint by Charter Communications, LLC. Attorney Carr, J. Scott added. (Carr, J.) Modified on 6/23/2021 (Tupolo, A). |
| Filing 152 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Charter Communications, LLC. (McGuigan, Kathryn) |
| Filing 151 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Charter Communications, LLC. (McGuigan, Kathryn) |
| Filing 150 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by All Plaintiffs. (Attachments: #1 Request to Seal Documents, #2 Proposed Order)(Soderstrom, Jamin) Modified on 6/15/2021 (Coll, A). |
| Filing 149 RENEWED MOTION to CERTIFY CLASS by Pedro Abascal et al. Motion Hearing set for 7/26/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Declaration of Jamin Soderstrom, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Declaration of Berger, #39 Declaration of Harper, #40 Declaration of Sinclair, #41 Declaration of Turner, #42 Declaration of Vazquez, #43 Declaration of Abascal, #44 Declaration of Pitzak, #45 Proposed Order)(Soderstrom, Jamin) |
| Filing 148 WITHDRAWAL of #115 Motion to Certify Class by All Plaintiffs (Soderstrom, Jamin) Modified on 6/14/2021 (York, M). |
| Filing 147 SECOND AMENDED COMPLAINT against All Defendants by Lionel Harper, Daniel Sinclair.(Soderstrom, Jamin) |
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Filing 146
ORDER signed by Senior Judge William B. Shubb on 6/3/2021 re #115 Plaintiffs' Motion to Modify the Scheduling Order and for Leave to File a Second Amended Complaint: IT IS ORDERED that plaintiffs' motion to modify the scheduling order and for leave to file a Second Amended Complaint #121 be, and the same hereby is, GRANTED. Plaintiffs are directed to file the Proposed Second Amended Complaint attached to their motion [121-2] within five days of the issuance of this Order. IT IS FURTHER ORDERED THAT plaintiffs withdraw their motion for class certification #115 and file a new motion which reflects the addition of Hassan Turner, Luis Vazquez, and Pedro Abascal as named plaintiffs and class representatives on or before 7 /12/2021. If the parties wish to stipulate to a briefing schedule and/or hearing date for plaintiffs' motion for class certification, as well as further modifications to the court's Status (Pretrial Scheduling) Order (see Docket Nos. #34 , #104 ), they may submit a stipulation for the court's approval on or before 6/28/2021. (Kirksey Smith, K)
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| Filing 145 TRANSCRIPT REQUEST by Charter Communications, LLC for proceedings held on June 1, 2021 before Judge William B. Shubb. Court Reporter Kimberly Bennett. (McGuigan, Kathryn) |
| Filing 144 NOTICE to RESCHEDULE HEARING on #140 Motion to Compel, : Motion Hearing set for 8/23/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (McGuigan, Kathryn) |
| Filing 143 MINUTES (Text Only) for proceedings held via video conference before Senior Judge William B. Shubb: MOTION HEARING held on 6/1/2021 re #121 Plaintiffs' Motion to Modify the Scheduling Order and for Leave to File a Second Amended Complaint. Counsel argue. MOTION SUBMITTED. The Court shall issue a separate order. Plaintiffs' Counsel Jamin Soderstrom present. Defendants' Counsel Sarah Zenewicz, Zachary Shine present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K) |
| Filing 142 MINUTE ORDER (TEXT ONLY): The parties are hereby notified that #140 Defendant Charter Communications, LLC's Motion to Compel Arbitration has been improperly noticed on an unavailable motion date. The motion will be heard on 8/23/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Counsel for defendant is instructed to immediately file and serve an amended notice of motion (only) setting forth the above-referenced date and time, or the motion may be stricken. The parties are further instructed to review Judge Shubb's "Standard Information" on the court's website for available hearing dates prior to filing any motions. (Kirksey Smith, K) |
| Filing 141 PROPOSED ORDER Granting #140 Motion to Compel. (McGuigan, Kathryn) Modified on 6/2/2021 (Reader, L). |
| Filing 140 MOTION to COMPEL Arbitration of Lionel Harper's Individual Claims and Stay Action by Charter Communications, LLC. Motion Hearing set for 8/25/2021 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Affidavit of John Fries)(McGuigan, Kathryn) Modified on 6/2/2021 (Reader, L). |
| Filing 139 REPLY by Lionel Harper, Daniel Sinclair re #121 Motion to Modify the Scheduling Order. (Attachments: #1 Declaration of Jamin Soderstrom)(Soderstrom, Jamin). Modified on 5/26/2021 (Kaminski, H). |
| Filing 138 OPPOSITION by Charter Communications, LLC to #121 Motion to Modify the Scheduling Order. (Attachments: #1 Declaration of Zachary W. Shine, #2 Affidavit of John Fries (Abascal), #3 Affidavit of John Fries (Turner), #4 Affidavit of John Fries (Vazquez)(McGuigan, Kathryn) Modified on 5/18/2021 (Reader, L). |
| Filing 137 RESPONSE by Charter Communications, LLC to #136 Declaration. (Attachments: #1 Proof of Service)(McGuigan, Kathryn) Modified on 5/14/2021 (Mena-Sanchez, L). |
| Filing 136 DECLARATION of Jamin Soderstrom in support of #117 Motion to Compel, #118 Motion for Sanctions,. (Soderstrom, Jamin) |
| Filing 135 NOTICE of APPEARANCE by Sarah Zenewicz on behalf of Charter Communications, Inc., Charter Communications, LLC. Attorney Zenewicz, Sarah added. (Zenewicz, Sarah) |
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Filing 133
ORDER signed by Magistrate Judge Dennis M. Cota on 5/4/2021 ADOPTING #112 Discovery Stipulation with the exception of the date by which discovery would be produced; GRANTING until 5/10/2021 for all discovery agreed to be provided by Charter to be produced; GRANTING #117 Motion to Compel as outlined in the order; and DENYING #118 Motion for Sanctions without prejudice except for monetary sanctions. As to monetary sanctions, Plaintiffs shall file and serve a declaration of costs and expenses by 5/10/2021. Charter may file and serve a response within 3 days of the date of service of Plaintiffs' declaration. (Coll, A)
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| Filing 132 TRANSCRIPT REQUEST by Lionel Harper, Daniel Sinclair for proceedings held on April 28, 2021 before Judge Cota. Court Reporter ECRO Jonathan Anderson. (Soderstrom, Jamin) |
| Filing 131 TRANSCRIPT REQUEST by Charter Communications, LLC for proceedings held on April 28, 2021 before Judge Dennis M. Cota. Court Reporter ECRO Jonathan Anderson. (McGuigan, Kathryn) |
| Filing 130 MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Dennis M. Cota: MOTION HEARING held on 4/28/2021. Formal order to issue. Plaintiffs' Counsel Jamin S. Soderstrom present. Defendants' Counsel Kathryn R. McGuigan and Zachary W. Shine present. (Pine, C) |
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Filing 129
ORDER signed by Magistrate Judge Dennis M. Cota on 4/26/21 REQUIRING the parties to appear telephonically at the hearing on Plaintiffs' #117 motion to compel and #118 motion for sanctions set for 8/28/21, at 10:00 a.m., before the undersigned in Redding, California. The parties should arrange their appearances through CourtCall. (Kastilahn, A)
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| Filing 128 REPLY by Lionel Harper, Daniel Sinclair re #126 Opposition to Motion. (Attachments: #1 Declaration of Jamin Soderstrom)(Soderstrom, Jamin) |
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Filing 127
ORDER signed by Senior Judge William B. Shubb on 4/22/2021 VACATING the hearing re #115 Motion for Class Certification, subject to the motion being renewed after the court has resolved plaintiffs' #121 Motion for Leave to File a Second Amended Complaint. (Zignago, K.)
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| Filing 126 OPPOSITION by Charter Communications, LLC to #118 Motion for Sanctions. (Shine, Zachary) |
| Filing 125 JOINT STATEMENT of Discovery Disagreement by Plaintiffs Lionel Harper, Daniel Sinclair re #117 Motion to Compel. (Attachments: #1 Declaration of Jamin Soderstrom, #2 Exhibits 1-9)(Soderstrom, Jamin) Modified on 4/23/2021 (Zignago, K.). |
| Filing 124 OPPOSITION by Lionel Harper, Daniel Sinclair to #123 Ex Parte Application. (Soderstrom, Jamin) |
| Filing 123 EX PARTE APPLICATION to VACATE HEARING by Charter Communications, LLC re Plaintiffs' Motion for Class Certification. (Attachments: #1 Declaration of Nicole L. Antonopoulos )(Antonopoulos, Nicole) |
| Filing 122 MINUTE ORDER (Text Only Entry): On the Court's own motion, the parties are hereby notified that Plaintiffs' #121 Motion to Modify the Scheduling Order and for Leave to File a Second Amended Complaint set for hearing on 5/17/2021, is hereby VACATED and CONTINUED to 6/1/2021, at 01:30 PM, to be heard with their #115 Motion for Class Certification, before Senior Judge William B. Shubb. (York, M) |
| Filing 121 MOTION to MODIFY THE SCHEDULING ORDER and for LEAVE to FILE a SECOND AMENDED COMPLAINT by Lionel Harper, Daniel Sinclair. Motion Hearing set for 5/17/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Declaration of Jamin Soderstrom, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order)(Soderstrom, Jamin) |
| Filing 120 NOTICE OF LODGING DOCUMENT(S) ELECTRONICALLY by All Plaintiffs : Deposition Transcripts. (Soderstrom, Jamin) |
| Filing 119 TRANSCRIPT REQUEST by Lionel Harper, Daniel Sinclair for proceedings held on February 8, 2021 before Judge Shubb. Court Reporter Kimberly Bennett. (Soderstrom, Jamin) |
| Filing 118 MOTION for EVIDENTIARY SANCTIONS and Further Discovery Orders by Lionel Harper, Daniel Sinclair. Motion Hearing set for 4/28/2021 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Attachments: #1 Declaration of J. Soderstrom, #2 Exhibits 1 thru 10, #3 Proposed Order)(Soderstrom, Jamin) |
| Filing 117 MOTION to COMPEL Further Discovery Responses by Lionel Harper, Daniel Sinclair. Motion Hearing set for 4/28/2021 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Soderstrom, Jamin) Modified on 4/8/2021 (Coll, A). |
| Filing 116 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Lionel Harper, Daniel Sinclair. (Attachments: #1 Request to Seal, #2 Proposed Order)(Soderstrom, Jamin) |
| Filing 115 MOTION to CERTIFY CLASS by Lionel Harper, Daniel Sinclair. Motion Hearing set for 6/1/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Declaration of Jamin Soderstrom, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Declaration of Berger, #35 Declaration of Harper, #36 Declaration of Sinclair, #37 Declaration of Turner, #38 Declaration of Vazquez, #39 Declaration of Pitzak, #40 Declaration of Abascal, #41 Proposed Order)(Soderstrom, Jamin) |
| Filing 114 TRANSCRIPT of Proceedings held on 2/8/21, before Senior Judge William B. Shubb, filed by Court Reporter Kimberly Bennett, Phone number 916-741-3475 E-mail reporter.bennett@gmail.com. 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 4/8/2021. Redacted Transcript Deadline set for 4/16/2021. Release of Transcript Restriction set for 6/14/2021. (Bennett, K) |
| Filing 113 WITHDRAWAL of #100 Motion for Sanctions by Plaintiffs. (Soderstrom, Jamin) Modified on 2/18/2021 (Huang, H). |
| Filing 112 STIPULATION and PROPOSED ORDER re #100 Motion for Sanctions and Related Discovery Issues by Charter Communications, LLC. (Shine, Zachary) Modified on 2/18/2021 (Huang, H). |
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Filing 111
ORDER signed by Senior Judge William B. Shubb on 2/12/2021 DENYING #93 Motion for Summary Judgment as to Sinclair's 1st, 2nd, 3rd, 4th, and 6th Claims for damages, Harper's 1st, 2nd, 3rd, 4th, 6th, and 10th Claims, as well as Plaintiffs' 5th Claim for violations of Cal. Labor Code 204, 221, and 224, 7th Claim, and 8th Claim for violations of 1198.5 and 226. It is further ORDERED that #93 Motion for Summary Judgment is GRANTED as to Sinclair's 1st, 2nd, 3rd, 4th, and 6th Claims for statutory penalties, as well as Plaintiffs' 5th Claim for violations of Cal. Labor Code 2751(b) and 223, and 8th Claim for violations of Cal. Labor Code 432. (Huang, H)
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Filing 110
ORDER signed by Senior Judge William B. Shubb on 2/12/2021 DENYING #96 and #99 Requests to Seal Documents. (Huang, H)
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| Filing 109 AMENDED TRANSCRIPT REQUEST re #108 by Charter Communications, LLC for proceedings held on February 8, 2021 before Judge William B. Shubb. Court Reporter Kimberly Bennett. (Shine, Zachary) |
| Filing 108 TRANSCRIPT REQUEST by Charter Communications, LLC for proceedings held on February 8, 2021 before Judge William B. Shubb. Court Reporter Kimberly Bennett. (Shine, Zachary) |
| Filing 107 MINUTES (Text Only) for proceedings held via video conference before Senior Judge William B. Shubb: MOTION HEARING held on 2/8/2021 re #93 Defendant Charter Communications, LLC's Motion for Summary Judgment. Counsel argue. MOTION SUBMITTED. The Court shall issue a separate order. Plaintiffs' Counsel Jamin Soderstrom present. Defendants' Counsel Zachary Shine, Kathryn McGuigan present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K) |
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Filing 106
ORDER signed by Magistrate Judge Dennis M. Cota on 2/4/2021 MOTION HEARING #100 for Sanctions is CONTINUED to 2/24/2021 at 10:00 AM in Redding, Telephonically, before Magistrate Judge Dennis M. Cota.(Reader, L)
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| Filing 105 RESPONSE by Lionel Harper, Daniel Sinclair to #103 Reply. (Soderstrom, Jamin) |
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Filing 104
ORDER signed by Senior Judge William B. Shubb on 2/1/2021 GRANTING #102 Request and MODIFYING #34 Status (Pretrial Scheduling) Order as follows: Motion for Class Certification due by 4/5/2021, Opposition to Motion for Class Certification due by 5/3/2021, Reply in support of Motion for Class Certification due by 5/24/2021, with Hearing on 6/1/2021 at 1:30 PM, Expert Witness Disclosure due by 7/19/2021, Rebuttal Expert Witness Disclosure due by 8/9/2021, Discovery Cut-Off is 8/30/2021, Motions filed by 9/20/2021, with Opposition Briefs due by 10/18/2021, Reply Briefs due by 11/15/2021, with Hearing on 11/29/2021 at 1:30 PM, Final Pretrial Conference set for 1/31/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, and Trial Setting set for 3/15/2022 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Huang, H)
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| Filing 103 REPLY by Charter Communications, LLC in Support of #93 Motion for Summary Judgment. (Attachments: #1 Objections, #2 Reply, #3 Response, #4 Certificate of Service)(McGuigan, Kathryn) Modified on 2/2/2021 (Tupolo, A). |
| Filing 102 STIPULATION and PROPOSED ORDER to Modify Scheduling Order by Lionel Harper, Daniel Sinclair. (Attachments: #1 Proposed Order)(Soderstrom, Jamin) Modified on 2/1/2021 (Kaminski, H). |
| Filing 101 STIPULATION and PROPOSED ORDER to Continue Hearing re #100 Motion for Sanctions by Lionel Harper, Daniel Sinclair. (Soderstrom, Jamin) Modified on 2/1/2021 (Kaminski, H). |
| Filing 100 MOTION for SANCTIONS and for further discovery orders by Plaintiffs. Motion Hearing SET for 2/10/2021 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Attachments: #1 Declaration of Jamin S. Soderstrom, #2 Exhibit 1-8, #3 Proposed Order)(Soderstrom, Jamin) Modified on 1/28/2021 (Mena-Sanchez, L). |
| Filing 99 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Lionel Harper, Daniel Sinclair. (Attachments: #1 Request to Seal, #2 Proposed Order)(Soderstrom, Jamin) |
| Filing 98 OPPOSITION by Plaintiffs to #93 Motion for Summary Judgment,. (Attachments: #1 Response to Statement of Undisputed Facts, #2 Statement of Disputed Facts, #3 Declaration of D. Sinclair, #4 Declaration of L. Harper and Exhibits 1 and 2, #5 Declaration of J. Soderstrom, #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 ISO, #20 Exhibit 15, #21 Exhibit 16, #22 Exhibit 17, #23 Exhibit 18, #24 Exhibit 19, #25 Exhibit 20, #26 Exhibit 21, #27 Objections to Charters Evidence)(Soderstrom, Jamin) Modified on 1/26/2021 (Mena-Sanchez, L). |
| Filing 97 NOTICE of Lodging with the Court of Deposition Transcripts by Charter Communications, LLC re #93 Motion for Summary Judgment. (Shine, Zachary) |
| Filing 96 NOTICE of Request to Seal Documents pursuant to L.R. 141 by Charter Communications, LLC. (Attachments: #1 Request to Seal Documents, #2 Proposed Order)(McGuigan, Kathryn) Modified on 12/21/2020 (Huang, H). |
| Filing 95 DECLARATION of Zachary W. Shine in support of #93 Motion for Summary Judgment. (Attachments: #1 Exhibit A, Part 1 of 2, #2 Exhibit A, Part 2 of 2, #3 Exhibit B, Part 1 of 2, #4 Exhibit B, Part 2 of 2, #5 Exhibit C, Part 1 of 2, #6 Exhibit C, Part 2 of 2, #7 Exhibits D-H)(Shine, Zachary) Modified on 12/21/2020 (Huang, H). |
| Filing 94 DECLARATION of Andrea Benner in support of #93 Motion for Summary Judgment. (Shine, Zachary) |
| Filing 93 MOTION for SUMMARY JUDGMENT or, in the Alternative, Summary Adjudication by Charter Communications, LLC. Motion Hearing set for 2/8/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Points and Authorities, #2 Statement of Undisputed Facts, #3 Proposed Order, #4 Proof of Service)(Shine, Zachary) Modified on 12/21/2020 (Huang, H). |
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Filing 92
ORDER signed by Senior Judge William B. Shubb on 12/14/2020 ORDERING the #34 Status (Pretrial Scheduling) Order MODIFIED as follows: Deadline to file motion for class certification: 2/8/2021; Deadline to file opposition: 3/8/2021; Deadline to file reply: 3/22/2021; Hearing on motion for class certification: 4/5/2021 at 1:30 PM; Deadline to disclose expert witnesses: 4/16/2021; Deadline to disclose rebuttal expert witnesses: 5/3/2021; Discovery cut-off: 5/21/2021. All other orders set forth in the Status (Pretrial Scheduling) Order remain unchanged. (Zignago, K.)
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| Filing 91 STIPULATION and PROPOSED ORDER for MODIFYING SCHEDULING ORDER by Lionel Harper, Daniel Sinclair. (Attachments: #1 Proposed Order)(Soderstrom, Jamin) |
| Filing 90 TRANSCRIPT REQUEST by Charter Communications, LLC for proceedings held on 10/7/20 before Judge Dennis M. Cota. Court Reporter Jennifer Coulthard. (McGuigan, Kathryn) |
| Filing 89 TRANSCRIPT of Motions Proceedings held on 10/07/2020, before Magistrate Judge Dennis M. Cota. 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 12/24/2020. Redacted Transcript Deadline set for 1/4/2021. Release of Transcript Restriction set for 3/4/2021 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov. (Anderson, J) |
| Filing 88 TRANSCRIPT REQUEST by Lionel Harper, Daniel Sinclair for proceedings held on October 7, 2020 before Judge Cota. Court Reporter Jennifer Coulthard. (Soderstrom, Jamin) |
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Filing 87
ORDER signed by Magistrate Judge Dennis M. Cota on 10/20/20 GRANTING #62 Motion to Compel and #78 Motion to Compel. (Kaminski, H)
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| Filing 86 MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Dennis M. Cota: MOTION HEARING held on 10/7/2020. The court heard oral arguments. Formal order to issue. Plaintiffs' Counsel Jamin Soderstrom present. Defendants' Counsel Zachary Shine present. (Pine, C) |
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Filing 85
ORDER signed by Magistrate Judge Dennis M. Cota on 10/2/20 ORDERING that in light of the continued closure of the District Courthouses to the public, the parties shall be required to appear telephonically at the hearing on plaintiff's motion to compel #78 , set for October 7, 2020, at 10:00 a.m., before the undersigned in Redding, California. The parties should arrange their appearances through CourtCall. (Kaminski, H)
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| Filing 84 JOINT STATEMENT of Discovery Disagreement re Plaintiff Daniel Sinclair's Motion to Compel #42 by Plaintiffs Lionel Harper, Daniel Sinclair re #78 Motion to Compel,. (Attachments: #1 Declaration of Jamin S. Soderstrom, #2 Exhibit 1 thru 11, #3 Declaration of Lionel Harper, #4 Declaration of Daniel Sinclair, #5 Declaration of Hassan Turner)(Soderstrom, Jamin) |
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Filing 83
ORDER signed by Senior Judge William B. Shubb on 9/18/2020 GRANTING #82 Stipulation and MODIFYING #34 Status (Pretrial Scheduling) Order as follows: Deadline to file Motion for Class Certification due by 1/11/2021, Opposition to Motion for Class Certification due by 2/8/2021, Reply to Motion for Class Certification due by 2/22/2021, Hearing on Motion for Class Certification set for 3/8/2021 at 1:30 PM, Deadline to Disclose Expert Witnesses due by 3/29/2021, Deadline to Disclose Rebuttal Expert Witnesses due by 4/19/2021, Discovery Cut-Off is 5/10/2021, Motions Cut-Off is 6/1/2021, Opposition Briefs due by 6/28/2021, Reply Briefs due by 7/26/2021, Hearing on All Motions set for 8/9/2021 at 1:30 PM, Final Pretrial Conference set for 10/12/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, and Trial set for 12/7/2021 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Huang, H)
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| Filing 82 STIPULATION to MODIFY SCHEDULING ORDER by Lionel Harper, Daniel Sinclair. (Attachments: #1 Proposed Order)(Soderstrom, Jamin) Modified on 9/18/2020 (Coll, A). |
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Filing 81
ORDER signed by Magistrate Judge Dennis M. Cota on 9/17/2020 DENYING #79 Motion and Plaintiff's #78 Motion to compel, remains on calendar for hearing on 10/7/2020. (Mena-Sanchez, L)
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| Filing 80 OPPOSITION by Defendant Charter Communications, LLC to #79 Ex Parte Application. (Shine, Zachary) Modified on 9/8/2020 (Kaminski, H). |
| Filing 79 EX PARTE APPLICATION by Daniel Sinclair to Shorten the time to hear #78 Motion to Compel (Attachments: #1 Declaration of Jamin S. Soderstrom, #2 Proposed Order)(Soderstrom, Jamin) Modified on 9/3/2020 (Tupolo, A). |
| Filing 78 MOTION to COMPEL Further Discovery Responses and Disclosure of Information re Interrogatories 421 by Daniel Sinclair. Motion Hearing set for 10/7/2020 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Soderstrom, Jamin) Modified on 9/3/2020 (Tupolo, A). |
| Filing 77 WITHDRAWAL of #76 Motion to Compel, based on Stipulation by Lionel Harper, Daniel Sinclair (Soderstrom, Jamin) Modified on 8/27/2020 (Tupolo, A). |
| Filing 76 MOTION to COMPEL Further Discovery Responses and Production of Documents and ESI by Lionel Harper, Daniel Sinclair. Motion Hearing set for 9/2/2020 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Soderstrom, Jamin) Modified on 8/13/2020 (Tupolo, A). |
| Filing 75 DECLARATION of Zachary Shine in RESPONSE to Improper #74 Second Supplemental Declaration. (Shine, Zachary) Modified on 7/24/2020 (York, M). |
| Filing 74 SECOND SUPPLEMENTAL DECLARATION of Jamin S. Soderstrom in SUPPORT of #62 Motion to Compel. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Soderstrom, Jamin) Modified on 7/23/2020 (York, M). |
| Filing 73 DECLARATION of Zachary Shine in response to #72 Supplemental Declaration of Jamin Soderstrom . (Shine, Zachary) Modified on 7/2/2020 (Huang, H). |
| Filing 72 SUPPLEMENTAL DECLARATION of Jamin Soderstrom in support of #62 Motion to Compel. (Attachments: #1 Exhibit 1)(Soderstrom, Jamin) Modified on 7/1/2020 (Huang, H). |
| Filing 71 WITHDRAWAL of #64 Motion for Summary Judgment, filed by Daniel Sinclair, Lionel Harper. (Soderstrom, Jamin) |
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Filing 70
ORDER signed by Senior Judge William B. Shubb on 6/26/2020 ORDERING Motion for class certification due by 10/9/2020. Opposition to Motion for Class Certification by 11/6/2020. Reply in Support of Motion for Class Certification by 11/20/2020. Hearing on Motion for Class Certification shall be heard on 11/30/2020 at 1:30 PM. Disclosure of Expert Witnesses due by 12/18/2020. Disclose rebuttal expert witnesses by 1/8/2021. Discovery due by 2/1/2021. Motions filed by 2/22/2021. Opposition Briefs by 3/22/2021, Reply Briefs by 4/19/2021. Hearing on all Motions shall be heard on 5/3/2021 at 1:30 PM. Final Pretrial Conference Reset for 6/21/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, and Trial Reset for 7/27/2021 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Reader, L)
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| Filing 69 STIPULATION and PROPOSED ORDER for MODIFY SCHEDULING ORDER by Lionel Harper, Daniel Sinclair. (Attachments: #1 Proposed Order)(Soderstrom, Jamin) |
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Filing 68
ORDER signed by Senior Judge William B. Shubb on 6/12/2020 GRANTING #66 Ex Parte Application, and CONTINUING Charter's deadline to file its opposition to #64 Motion for Partial Summary Judgment by 90 days, to 9/14/2020. A reply, if any, shall be filed no later than 9/28/2020. The Motion Hearing is CONTINUED to 10/5/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Huang, H)
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| Filing 67 OPPOSITION by Plaintiff Lionel Harper to #66 Ex Parte Application,. (Soderstrom, Jamin) |
| Filing 66 EX PARTE APPLICATION by Charter Communications, LLC for Denial or Continuance of Plaintiff Lionel Harper's Motion for Partial Summary Judgment and Adjudication; Memorandum of Points and Authorities. (Attachments: #1 Declaration of Zachary Shine, #2 Proposed Order)(Shine, Zachary) Modified on 6/9/2020 (Mena-Sanchez, L). |
| Filing 65 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Lionel Harper, Daniel Sinclair. (Attachments: #1 Request to Seal, #2 Proposed Order)(Soderstrom, Jamin) Modified on 6/1/2020 (York, M). |
| Filing 64 MOTION FOR PARTIAL SUMMARY JUDGMENT by All Plaintiffs. Motion Hearing set for 6/29/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Memorandum, #2 Statement of Undisputed Facts, #3 Declaration of Lionel Harper, #4 Declaration of Daniel Sinclair, #5 REDACTED Declaration of Jamin S. Soderstrom, #6 Proposed Order)(Soderstrom, Jamin) Modified on 6/1/2020 (York, M). |
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Filing 63
ORDER signed by Magistrate Judge Dennis M. Cota on 5/28/2020 VACATING #62 hearing on plaintiffs' motion to compel, Pursuant to General Order 618, and the matter will be decided on the papers without oral argument. (Reader, L)
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| Filing 62 MOTION to COMPEL further discovery responses and production of documents and ESI by Lionel Harper. Motion Hearing set for 6/3/2020 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Attachments: #1 Joint Statement of Discovery Disagreement, #2 Declaration of Jamin S. Soderstrom, #3 Exhibit 1-10)(Soderstrom, Jamin) Modified on 5/28/2020 (Zignago, K.). Modified on 9/2/2020 (Pine, C). |
| Filing 61 NOTICE of WITHDRAWAL by Lionel Harper, Daniel Sinclair of #57 Motion to Compel. (Soderstrom, Jamin) Modified on 5/6/2020 (Kaminski, H). |
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Filing 60
ORDER signed by Senior Judge William B. Shubb on 5/4/2020 MODIFYING the #34 Scheduling Order as follows: Motion for Class Certification due by 7/6/2020. Opposition to Motion for Class Certification due by 7/20/2020. Reply in support of Motion for Class Certification due by 8/10/2020. Designation of Expert Witnesses due by 7/31/2020. Rebuttal Expert Disclosure due by 8/14/2020. Hearing on Motion for Class Certification set for 8/24/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Coll, A) Modified on 5/6/2020 (Coll, A).
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| Filing 59 STIPULATION and JOINT REQUEST to MODIFY SCHEDULING ORDER by Lionel Harper, Daniel Sinclair. (Attachments: #1 Proposed Order)(Soderstrom, Jamin) Modified on 5/4/2020 (Kaminski, H). |
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Filing 58
ORDER signed by Magistrate Judge Dennis M. Cota on 4/23/2020 AUTHORIZING the parties to appear telephonically through CourtCall for the #57 Motion to Compel Hearing. (Huang, H)
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| Filing 57 MOTION to COMPEL further Discovery Responses and Production of Documents and ESI by Lionel Harper, Daniel Sinclair. Motion Hearing set for 5/13/2020 at 10:00 AM before Magistrate Judge Dennis M. Cota. (Soderstrom, Jamin) |
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Filing 56
ORDER signed by Senior Judge William B. Shubb on 02/25/20 GRANTING #48 defendant's Motion to Strike plaintiffs' claim for injunctive and declaratory relief. In all other respects, defendant's motion to dismiss or strike is DENIED. (Benson, A.)
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| Filing 55 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 2/24/2020 re #48 Defendant's Motion to Strike and/or Dismiss Plaintiffs' First Amended Complaint. Counsel argue. MOTION SUBMITTED. The Court shall issue a separate order. Plaintiff's Counsel Jamin Soderstrom present. Defendants' Counsel Zachary Shine present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K) |
| Filing 54 MINUTE ORDER (TEXT ONLY): On the Court's own motion, the parties are hereby notified that hearing on #48 Defendant's Motion to Strike and/or Dismiss Plaintiffs' First Amended Complaint is continued from 2/10/2020 to 2/24/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K) |
| Filing 53 REPLY by Charter Communications, LLC in SUPPORT of #48 Motion to Strike and/or Dismiss. (Shine, Zachary) Modified on 2/4/2020 (York, M). |
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Filing 52
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/28/2020 ORDERING that the date for plaintiff's filing of a motion for class certification is EXTENDED to 6/8/2020; Defendant's filing of an opposition to Plaintiffs' motion for class certification is EXTENDED to 6/29/2020; Plaintiffs filing of a reply in support of their motion for class certification is EXTENDED to 7/13/2020; the hearing on Plaintiffs' motion for class certification 7/27/2020 at 1:30 PM. (Zignago, K.)
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| Filing 51 OPPOSITION by Lionel Harper, Daniel Sinclair to #48 Motion to Strike,. (Soderstrom, Jamin) |
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Filing 50
ORDER signed by Magistrate Judge Dennis M. Cota on 1/27/20 TERMINATING #47 Motion to Compel. January 29, 2020 hearing is vacated. (Kaminski, H)
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| Filing 49 STIPULATION and PROPOSED ORDER and Joint Request to modify scheduling order by Lionel Harper, Daniel Sinclair. Attorney Soderstrom, Jamin S. added. (Attachments: #1 Proposed Order)(Soderstrom, Jamin) Modified on 1/29/2020 (Reader, L). |
| Filing 48 MOTION to STRIKE AND/OR DISMISS Portions of #45 First Amended Complaint by Charter Communications, LLC. Motion Hearing set for 2/10/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Shine, Zachary) Modified on 1/13/2020 (Coll, A). |
| Filing 47 MOTION to COMPEL Further Discovery Responses and Production of Documents by Lionel Harper. Motion Hearing set for 1/29/2020 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Soderstrom, Jamin) Modified on 1/10/2020 (Becknal, R). |
| Filing 46 STIPULATION Regarding Defendant's Response to Plaintiffs' First Amended Complaint by Charter Communications, LLC. (Shine, Zachary) Modified on 12/23/2019 (Mena-Sanchez, L). |
| Filing 45 FIRST AMENDED COMPLAINT against All Defendants by Lionel Harper.(Soderstrom, Jamin) Modified on 12/23/2019 (Mena-Sanchez, L). |
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Filing 44
ORDER signed by Senior Judge William B. Shubb on 12/11/19 ORDERING that Plaintiff shall file the First Amended Class and PAGA Action Complaint that was submitted with his motion three court days after the date of this Order. The Court's Status (Pretrial Scheduling) Order #34 is hereby modified accordingly. The December 16, 2019 hearing date is vacated. (Kaminski, H)
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Filing 43
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Dennis M. Cota on 12/10/2019. (Zignago, K.)
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| Filing 42 STIPULATION and PROPOSED ORDER for Plaintiff to file first amended class and paga action complaint by Lionel Harper. (Attachments: #1 Proposed Order)(Soderstrom, Jamin) Modified on 12/11/2019 (Benson, A.). |
| Filing 41 STIPULATION and PROPOSED PROTECTIVE ORDER by Lionel Harper. (Soderstrom, Jamin) |
| Filing 40 STATEMENT of NON-OPPOSITION by Charter Communications, Inc., Charter Communications, LLC to #36 Motion to File First Amended Complaint. (Shine, Zachary) |
| Filing 39 AMENDED NOTICE of HEARING on MOTION: #36 Motion to File First Amended Complaint Hearing RESET for 12/16/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb by Lionel Harper (Soderstrom, Jamin) Modified on 11/1/2019 (Benson, A.). |
| Filing 38 MINUTE ORDER: Plaintiff filed a Notice of Motion and Motion for Leave to file a First Amended Complaint [Doc. 36] setting the hearing before the Magistrate Judge. Pursuant to Local Rule 302, a motion for leave to amend is not a referred matter in a counseled civil case. Accordingly, this matter is removed from the Magistrate Judge's calendar. Plaintiff shall file an amended notice of hearing setting the matter before the assigned District Judge. Issued by CPine, Deputy Courtroom Clerk, for Magistrate Judge Dennis M. Cota on 10/31/2019. (Pine, C) |
| Filing 37 MINUTE ORDER (TEXT ONLY): The parties are notified that #36 Plaintiff's Motion for Leave to File First Amended Complaint has been improperly noticed before the Magistrate Judge, and therefore, the 12/11/2019 hearing date is VACATED. Pursuant to Local Rule 230, this motion shall be heard on 12/16/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Counsel for plaintiff is instructed to immediately file and serve an amended notice of motion (only) setting forth the above-referenced date and time, or the motion may be stricken. The parties are further instructed to review the Local Rules and Judge Shubb's calendaring information on the court's website for available hearing dates prior to filing any motions. (Kirksey Smith, K) |
| Filing 36 MOTION for LEAVE to FILE FIRST AMENDED COMPLAINT by Lionel Harper. Motion Hearing set for 12/11/2019 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Attachments: #1 Declaration of Jamin S. Soderstrom, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order)(Soderstrom, Jamin) Modified on 10/31/2019 (Benson, A.). |
| Filing 35 TRANSCRIPT of Proceedings held on September 30, 2019, before Senior Judge William B. Shubb, filed by Court Reporter Diane Shepard, Phone number 916-554-7460 E-mail diane.shepard@gmail.com. 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 11/18/2019. Redacted Transcript Deadline set for 11/29/2019. Release of Transcript Restriction set for 1/27/2020. (Shepard, D) |
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Filing 34
STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 10/8/2019 ORDERING that the parties shall serve the initial disclosures by 11/1/2019. Designation of Expert Witnesses due by 7/17/2020 and rebuttal expert disclosures due by 7/31/2020. All discovery shall be completed by 8/28/2020. All motions to compel discovery must be noticed on the magistrate judge's calendar, to be heard not later than 8/28/2020. Plaintiff's motion for class certification shall be filed on or before 5/8/2020, Defendant's opposition shall be filed on or before 5/29/2020 and Plaintiff's reply to defendant's opposition shall be filed on or before 6/12/2020. The hearing for plaintiff's motion for class certification is set for 6/29/2020. Any motion for summary judgment shall be filed on or before 9/18/2020, the parties' oppositions shall be filed on or before 10/9/2020 and the parties' replies to the oppositions shall be filed on or before 10/23/2020. Parties' motions for summary judgment shall be heard on 11/9/2020. All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before 9/18/2020. The hearing on such motions is set for 11/9/2020. The Final Pretrial Conference is SET for 1/4/2021 at 01:30 PM and the Jury Trial is SET for 2/9/2021 at 09:00 AM, BOTH in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kastilahn, A)
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| Filing 33 TRANSCRIPT REQUEST by Charter Communications, Inc., Charter Communications, LLC for proceedings held on 09/30/2019 before Judge William B. Shubb. Court Reporter Diane Shepard. (Antonopoulos, Nicole) |
| Filing 32 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: SCHEDULING CONFERENCE held on 9/30/2019. The Court confers with counsel re pending claims, proposed dates and deadlines. The Court shall prepare and issue a separate scheduling order. Plaintiff's Counsel Jamin Soderstrom present. Defendants' Counsel Nicole Antonopoulos present. Court Reporter: Diane Shepard. (Kirksey Smith, K) |
| Filing 31 JOINT STATUS REPORT by Lionel Harper. (Soderstrom, Jamin) |
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Filing 30
STIPULATION and ORDER extending the deadline to file the parties' Joint Status Report to 9/20/2019, signed by Senior Judge William B. Shubb on 9/17/2019. (Kirksey Smith, K)
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| Filing 29 STIPULATION and PROPOSED ORDER to Continue Deadline for Filing the Parties' Joint Status Report by Charter Communications, Inc., Charter Communications, LLC. (Attachments: #1 Proposed Order)(McGuigan, Kathryn) Modified on 9/17/2019 (Huang, H). |
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Filing 28
RELATED CASE ORDER signed by Senior Judge William B. Shubb on 9/11/19 REASSIGNING 2:19-cv-1749 TLN DMC to Senior Judge William B. Shubb for all further proceedings. The New Case Number is 2:19-CV-01749 WBS DMC. (Mena-Sanchez, L)
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| Filing 27 NOTICE of RELATED CASE 2:19-cv-01749-TLN-DMC by Lionel Harper. (Soderstrom, Jamin) |
| Filing 26 TRANSCRIPT of Proceedings Defendant's motion to compel arbitration held on 7/29/19, before Senior Judge William B. Shubb, filed by Jennifer Coulthard, Phone number 312-617-9858 E-mail jenrmrcrr2@gmail.com. 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 9/12/2019. Redacted Transcript Deadline set for 9/20/2019. Release of Transcript Restriction set for 11/18/2019. (Dunn-Coulthard, J) |
| Filing 25 TRANSCRIPT REQUEST by Charter Communications, Inc., Charter Communications, LLC for proceedings held on July 29, 2019 before Judge Hon. William B. Shubb. Court Reporter Jennifer Coulthard. (Antonopoulos, Nicole) |
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Filing 24
MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 8/6/2019: IT IS ORDERED that plaintiffs Motion to Confirm Arbitration Award and Enter Judgment #9 be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that defendants Motion to Compel Arbitration of Plaintiffs Individual Claims, Dismiss the Putative Class Claims, and Stay the PAGA Claims #11 be, and the same hereby is, DENIED. (Kirksey Smith, K)
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Filing 23
ORDER signed by Senior Judge William B. Shubb on 7/31/2019 DENYING #8 Plaintiff's Motion to Remand. (Kirksey Smith, K)
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| Filing 22 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 7/29/2019 re #8 Plaintiff's Motion to Remand, #9 Plaintiff's Motion to Confirm Arbitration Award and Enter Judgment and #11 Defendants' Motion to Compel Arbitration, Dismiss and Stay. Counsel argue. MOTIONS SUBMITTED. The Court shall prepare and issue a separate order. Plaintiff's Counsel Jamin Soderstrom present. Defendants' Counsel Zachary Shine present. Court Reporter: Jennifer Coulthard. (Kirksey Smith, K) |
| Filing 21 RESPONSE to #18 Notice of Recent Authority by Charter Communications, Inc., Charter Communications, LLC. (Shine, Zachary) Modified on 7/24/2019 (Huang, H). |
| Filing 20 REPLY in support of #11 Motion to Compel Arbitration, Dismiss Class Claims, and Stay the PAGA Claims by Charter Communications, Inc., Charter Communications, LLC. (Attachments: #1 Request for Judicial Notice)(Shine, Zachary) Modified on 7/24/2019 (Huang, H). |
| Filing 19 OPPOSITION by Lionel Harper to #11 Motion to Compel. (Attachments: #1 Declaration of Jamin S. Soderstrom, #2 Exhibit 1, #3 Exhibit 2, #4 Declaration of Lionel Harper)(Soderstrom, Jamin) Modified on 7/16/2019 (Benson, A.). |
| Filing 18 NOTICE of RECENT AUTHORITY RELEVANT to #8 Motion to Remand by Lionel Harper. (Attachments: #1 Exhibit 1) (Soderstrom, Jamin) Modified on 7/11/2019 (York, M). |
| Filing 17 REPLY by Lionel Harper re #9 Motion for Judgment. (Attachments: #1 Declaration of Jamin S. Soderstrom ISO Reply, #2 Exhibit 1 ISO Soderstrom Declaration)(Soderstrom, Jamin) |
| Filing 16 REPLY by Lionel Harper re #8 Motion to Remand. (Attachments: #1 Declaration of Jamin S. Soderstrom ISO Reply, #2 Exhibit 1 ISO Soderstrom Declaration)(Soderstrom, Jamin) |
| Filing 15 OPPOSITION by Charter Communications, Inc., Charter Communications, LLC to #9 Motion for Judgment. (Shine, Zachary) |
| Filing 14 OPPOSITION by Charter Communications, Inc., Charter Communications, LLC to #8 Motion to Remand. (Attachments: #1 Declaration of LaKisha McCaine, #2 Declaration of Zachary W. Shine)(Shine, Zachary) |
| Filing 13 MINUTE ORDER (TEXT ONLY): On the Court's own motion, the parties are hereby notified that #8 Plaintiff's Motion to Remand and #9 Plaintiff's Motion to Confirm Arbitration Award and Enter Judgment currently set for hearing on 7/1/2019 are continued to 7/29/2019 at 1:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The motion briefing as to these two motions shall remain as if the motions were still set to be heard on 7/1/2019. (Kirksey Smith, K) |
| Filing 12 REQUEST for JUDICIAL NOTICE by Charter Communications, Inc., Charter Communications, LLC in re #11 Motion to Compel. (McGuigan, Kathryn) |
| Filing 11 MOTION to COMPEL Arbitration, MOTION to DISMISS, MOTION to STAY by Charter Communications, Inc., Charter Communications, LLC. Motion Hearing set for 7/29/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Declaration of Kathryn McGuigan, #2 Declaration of Tammi Knapper, #3 Proposed Order) (McGuigan, Kathryn) Modified on 6/17/2019 (York, M). |
| Filing 10 NOTICE of APPEARANCE by Zachary W. Shine on behalf of Charter Communications, Inc., Charter Communications, LLC. Attorney Shine, Zachary W. added. (Shine, Zachary) |
| Filing 9 MOTION TO CONFIRM ARBITRATION AWARD AND ENTER JUDGMENT by Lionel Harper. Motion Hearing set for 7/1/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Declaration, #2 Proposed Order)(Soderstrom, Jamin) Modified on 5/28/2019 (Coll, A). |
| Filing 8 MOTION to REMAND by Lionel Harper. Motion Hearing set for 7/1/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Proposed Order)(Soderstrom, Jamin) |
| Filing 7 CERTIFICATE of SERVICE by Charter Communications, Inc., Charter Communications, LLC. (Antonopoulos, Nicole) |
| Filing 6 NOTICE of APPEARANCE by Nicole Antonopoulos on behalf of Charter Communications, Inc., Charter Communications, LLC. Attorney Antonopoulos, Nicole added. (Antonopoulos, Nicole) |
| Filing 5 NOTICE of COMPLIANCE with 28 U.S.C. Section 1446(D) by Charter Communications, Inc., Charter Communications, LLC. (McGuigan, Kathryn) Modified on 5/30/2019 (Benson, A.). |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 9/30/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Consent Form, #2 VDRP) (Huang, H) |
| Filing 3 CERTIFICATE of SERVICE of #1 Notice of Removal and #2 Corporate Disclosure Statement by Charter Communications, Inc., Charter Communications, LLC. (McGuigan, Kathryn) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Defendants Charter Communications, Inc., Charter Communications, LLC. (McGuigan, Kathryn) |
| Filing 1 NOTICE of REMOVAL from Shasta County Superior Court, case number 192423 by Lionel Harper. (Filing fee $ 400, receipt number 0972-8269322) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Notice of Interested Parties)(McGuigan, Kathryn) |
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