Wirbick v. Sundt Construction, Inc.
| Cody Wirbick |
| Sundt Construction, Inc. |
| 2:2019cv02067 |
| October 11, 2019 |
| US District Court for the Eastern District of California |
| Carolyn K Delaney |
| Morrison C England |
| Labor: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on April 12, 2021. A more recent docket listing may be available from PACER.
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Filing 24
JUDGMENT AND ORDER signed by Senior Judge Morrison C. England, Jr. on 4/12/2021 GRANTING #19 Motion for Final Approval of Class Action Settlement and ORDERING the following: 1) The plan of distribution as set forth in the Settlement Agreement providing for the distribution of the Net Settlement Amount to Settlement Class Members is hereby finally APPROVED as being fair, reasonable, and adequate pursuant to Rule 23 of the Federal Rules of Civil Procedure; 2) The Court APPROVES payment of a Class Representative Enhancement of $10,000.00 to Plaintiff for his service to the Class; 3) The Court APPROVES the payment of attorneys fees in the amount of $126,364.00 to Class Counsel; 4) The Court also approves the additional payment of attorneys' costs in the amount of $4,932.14 to Class Counsel to reimburse them for their expenses and 5) The Court APPROVES a payment of up to $8,750.00 to the Settlement Administrator out of the Class Settlement Amount. All claims asserted in this Action are DISMISSED WITH PREJUDICE as to Plaintiff and the Settlement Class Members, pursuant to the terms of the Settlement Agreement. CASE CLOSED. (Tupolo, A)
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| Filing 23 STATEMENT of NON-OPPOSITION by Sundt Construction, Inc. to #19 Motion. (Cridland, Graham) |
| Filing 22 SUPPLEMENTAL DECLARATION of Elizabeth Kruckenberg in support of #19 Motion. (Agnew, Kristen) Modified on 12/30/2020 (Kaminski, H). |
| Filing 21 SUPPLEMENTAL DECLARATION of Kristen M. Agnew in support of #19 Motion. (Agnew, Kristen) Modified on 12/30/2020 (Kaminski, H). |
| Filing 20 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 1/14/2021 hearing on the Motion for Final Approval of Class Action Settlement #19 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
| Filing 19 MOTION for FINAL APPROVAL OF CLASS ACTION SETTLEMENT by Cody Wirbick. Motion Hearing set for 1/14/2021 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr.. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration, #7 Proposed Order)(Agnew, Kristen) |
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Filing 18
ORDER signed by Senior Judge Morrison C. England, Jr., on 10/16/2020 GRANTING #16 plaintiff's Motion For Preliminary Approval of Class Action Settlement. (Kastilahn, A)
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| Filing 17 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 10/1/2020 hearing on the Motion for Preliminary Approval of Class Action Settlement #16 is VACATED submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
| Filing 16 MOTION For PRELIMINARY APPROVAL of CLASS ACTION SETTLEMENT by Cody Wirbick. Motion Hearing SET for 10/1/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr. (Attachments: #1 Declaration of Kristen M. Agnew, #2 Declaration of William Marder, #3 Declaration of Nicholas Rosenthal, #4 Declaration of Larry W. Lee, #5 Declaration of Cody Wirbick, #6 Declaration of Jodey Lawrence, #7 Proposed Order)(Agnew, Kristen) Modified on 9/2/2020 (Mena-Sanchez, L). |
| Filing 15 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: Pursuant to the representation by counsel, the Court determined this case is settled. Accordingly, all due dates and hearings set forth in this matter are VACATED and this matter will remain STAYED. The motion for preliminary approval of the settlement agreement or a joint status report shall be filed not later than 9/1/2020. (Deutsch, S) |
| Filing 14 JOINT STATUS REPORT by Cody Wirbick. (Agnew, Kristen) |
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Filing 13
STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 6/2/2020 STAYING all discovery and motion practice in its entirety through 7/31/2020; The parties shall provide a STATUS REPORT no later than 8/14/2020. The status report shall provide, at a minimum, notice to the Court regarding the following: the status of settlement discussions; the status of discovery and any discovery disputes between the parties; and a proposed briefing schedule regarding the Motion to Certify a Class. (Becknal, R)
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| Filing 12 STIPULATION and PROPOSED ORDER to Stay Case pending Mediation by Cody Wirbick. (Attachments: #1 Proposed Order)(Agnew, Kristen) Modified on 5/29/2020 (Huang, H). |
| Filing 11 JOINT STATUS REPORT by Sundt Construction, Inc. (Holden, PHV, Helen) Modified on 12/23/2019 (Huang, H). |
| Filing 10 Class Action Joint Statement by Defendant Sundt Construction, Inc. (Cridland, Graham) Modified on 11/14/2019 (Mena-Sanchez, L). |
| Filing 9 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Sundt Construction, Inc.. (Attachments: #1 Proof of Service)(Painter, Charles) |
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Filing 8
PRO HAC VICE ORDER signed by District Judge Morrison C. England, Jr. on 11/4/2019 ORDERING attorney Helen R. Holden, PHV, added for Sundt Construction, Inc. (Zignago, K.)
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| Filing 7 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: The Court received the PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Sundt Construction, Inc. for attorney Helen Holden (ECF No. 6). Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email the proposed order (in Microsoft Word) to chambers in addition to filing the pdf version via the CM/ECF system. Pursuant to Local Rules 101 and 131(c), the definition for "signature", you may enter /s/ for signatures for all counsel. Please submit your proposed order today in Microsoft Word format to: mceorders@caed.uscourts.gov. (Deutsch, S) |
| Filing 6 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Sundt Construction, Inc. for attorney Helen Holden to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8534619) (Attachments: #1 Affidavit)(Painter, Charles) |
| Filing 5 CERTIFICATE of SERVICE by Sundt Construction, Inc.. (Ullrich, Gabriel) |
| Filing 4 [DISREGARD - COUNSEL TO REFILE WITH POS ATTACHED] CERTIFICATE of SERVICE of Initial Pretrial Scheduling Order by Sundt Construction, Inc. Attorney Ullrich, Gabriel Rogers added. (Ullrich, Gabriel) Modified on 10/16/2019 (Benson, A.). |
| Filing 3 NOTICE of APPEARANCE by Graham Matthew Cridland on behalf of Sundt Construction, Inc.. (Cridland, Graham) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Tupolo, A) |
| Filing 1 NOTICE of REMOVAL from Solano County Superior, case number FCS053488 by Sundt Construction, Inc. (Filing fee $ 400, receipt number 0972-8513476) (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet, #4 Corporate Disclosure statement, #5 Demand for Jury Trial, #6 Notice, #7 Exhibit)(Cridland, Graham) |
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