Brown et al v. Tetra Tech, Inc. et al
| Lagarion Brown, Nichlon Garrett, Yaphett Saunders, Roy Jackson, Isaac Saunders and Hakeem Allambie |
| Tetra Tech, Inc., Jesco Environmental and Geotechnical Services, Inc., and Jesco Environmental and Geotechnical Services, Inc. |
| 2:2020cv01133 |
| June 3, 2020 |
| US District Court for the Eastern District of California |
| Daniel J Calabretta |
| Dennis M Cota |
| John A Mendez |
| Kimberly J Mueller |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 45
ORDER signed by District Judge Daniel J. Calabretta on 6/23/2023 DENYING #36 Motion without prejudice. (Mena-Sanchez, L)
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Filing 44
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of District Judge Daniel J. Calabretta to the bench of the Eastern District of California, this action is reassigned from *District Judge Dale A. Drozd* to District Judge Daniel J. Calabretta for all further proceedings. All pending motions are submitted without appearance and without oral argument pursuant to Local Rule 230(g) and the hearing on said motions is VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. Further, all pretrial conference and trial dates currently set in this reassigned action are VACATED and shall be reset, as necessary, by the reassigned Court. (Benson, A.)
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| Filing 43 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Noh, Brian) |
| Filing 42 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Keller, Daniel) |
| Filing 41 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 12/20/2022: The Eastern District of California's overwhelming caseload has been well publicized, and the long-standing lack of adequate judicial resources in this district long ago reached crisis proportions. While that situation was partially addressed by the U.S. Senate's confirmation of district judges for two of this court's vacancies on December 17, 2021 and June 21, 2022, another vacancy on this court with only six authorized district judge positions was created on April 17, 2022 and remains unfilled. This crisis continues to have serious implications for this court and litigants appearing before it. Judge Drozd recently transferred to the Sacramento courthouse and was reassigned cases previously presided over by other district judges there. Unfortunately, the cases reassigned to Judge Drozd came with a substantial backlog of over 100 fully briefed motions, the majority of which have already been submitted for decision, including one or more motions currently pending in this case. A review of the docket in this action reflects that not all of the parties have filed a completed [26-2] Consent / Decline of U.S. Magistrate Judge Jurisdiction form. Accordingly, the court urges the parties to file completed [26-2] forms as soon as possible. When completing the form, please specify which party or parties are completing the form. This court's "magistrate judges play a critical role" in providing essential access to justice, particularly in our overburdened court. (See Doc. No. [26-2] at 2.) Indeed, consenting to Magistrate Judge jurisdiction in civil cases may represent "one of the best ways to secure 'just, speedy, and inexpensive determination' of your case," which is why the court wants to be sure you are fully aware of your right and ability to consent. (See id.) (quoting Fed. R. Civ. P. 1).(Buzo, P). |
| Filing 39 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 10/11/2022: re #36 Motion for Preliminary Approval of Class Settlement. The Eastern District of California's overwhelming caseload has been well publicized, and the long-standing lack of adequate judicial resources in this district long ago reached crisis proportions. While that situation was partially addressed by the U.S. Senate's confirmation of district judges for two of this court's vacancies on December 17, 2021, and June 21, 2022, another vacancy on this court with only six authorized district judge positions was created on April 17, 2022, and remains unfilled. This crisis continues to have serious implications for this court and litigants appearing before it. Judge Drozd recently transferred to the Sacramento courthouse and was reassigned cases previously presided over by other district judges there. Unfortunately, the cases reassigned to Judge Drozd came with a substantial backlog of over 100 fully briefed motions, the majority of which have already been submitted for decision. In order to devote the court's limited resources to working through this extensive backlog of previously submitted motions as quickly as possible, Judge Drozd has reluctantly determined that hearings on civil motions will not be held before him until substantial progress has been made on clearing the backlog of motions. Accordingly, the court hereby VACATES all hearings on civil motions set before Judge Drozd in this case. The parties should not contact Judge Drozd's chambers to inquire as to whether a hearing on a pending motion will be held. If the court later determines that a hearing on a pending motion will be helpful or is required by the Federal Rules of Civil Procedure, the court will specially set the motion for a hearing. All other court appearances (e.g., status conferences, pretrial conferences, trials) remain on calendar. Although hearings on civil motions will not be held at this time, all applicable filing and notice requirements remain in place. Any motions the parties file must be noticed for a hearing date that complies with the Local Rules and Judge Drozd's Standing Order, as the hearing date remains important for the court's docket management, even if the hearing itself will not be held. In addition, all briefing deadlines remain the same and are not impacted by this order. Finally, Judge Drozd urges the parties to cooperate in meet and confer efforts and do their part to avoid unnecessary motion practice by reaching agreement and filing stipulations whenever possible.(Buzo, P) |
| Filing 38 NOTICE to RESCHEDULE HEARING on #36 Motion for Miscellaneous Relief, : Motion Hearing set for 11/15/2022 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Keller, Daniel) |
| Filing 37 MINUTE ORDER issued by Courtroom Deputy K Skiles for Magistrate Judge Dennis M. Cota on 10/06/22: (Text Only Entry) Plaintiffs' motion, ECF No. 36, has been improperly noticed for hearing before Judge Cota. Plaintiffs are directed to re-notice their motion for hearing before the assigned District Judge. Available hearing dates are set forth in the District Judge's August 25, 2022, standing order, ECF No. 34. The hearing set before Judge Cota on November 16, 2022, at 10:00 a.m., is hereby vacated.(Skiles, K) |
| Filing 36 MOTION for Preliminary Approval of Class Settlement by Lagarion Brown. Attorney Keller, Daniel C. added. Motion Hearing SET for 11/16/2022 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit One, #4 Exhibit Two, #5 Exhibit Three, #6 Exhibit Four, #7 Proposed Order)(Keller, Daniel) Modified on 10/6/2022 (Mena-Sanchez, L). |
| Filing 35 NOTICE OF WITHDRAWAL as ATTORNEY by Jesco Environmental and Geotechnical Services, Inc.. (Knotz, Galit) Modified on 9/26/2022 (Buzo, P). |
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Filing 34
STANDING ORDER signed by District Judge Dale A. Drozd on 8/25/2022. (Donati, J)
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Filing 33
ORDER by Chief Judge Kimberly J. Mueller: The Court having considered the equitable division and efficient and economical determination of court business, hereby reassigns this case from District Judge *Kimberly J. Mueller* to * District Judge Dale A. Drozd* for all further proceedings. (Donati, J)
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| Filing 32 DESIGNATION of COUNSEL FOR SERVICE., attorney Abigail Jean Hudson terminated (Hudson, Abigail) |
| Filing 31 MINUTE ORDER issued by Courtroom Deputy C. Pine for Magistrate Judge Dennis M. Cota on 8/9/2022: (Text Only Entry) Pursuant to the parties' notice that this case has settled in its entirety following mediation, ECF No. 29, the scheduling conference set for August 16, 2022, at 1:30 p.m. before Magistrate Judge Dennis M. Cota in Redding, California, is hereby taken off calendar.(Pine, C) |
| Filing 30 MINUTE ORDER issued by Courtroom Deputy C. Pine for Magistrate Judge Dennis M. Cota on 8/5/2022: (Text Only Entry) Due to a conflict in the Court's calendar, the scheduling conference set for August 17, 2022, at 10:00 a.m., is advanced to August 16, 2022, at 01:30 PM in Redding before Magistrate Judge Dennis M. Cota.(Pine, C) |
| Filing 29 JOINT STATUS REPORT by Lagarion Brown. (Martinez, Hector) |
| Filing 28 MINUTE ORDER issued by Courtroom Deputy C. Pine for Magistrate Judge Dennis M. Cota on 6/21/2022: (Text Only Entry) This matter is set for an in person Initial Scheduling Conference on 8/17/2022 at 10:00 AM in Redding before Magistrate Judge Dennis M. Cota.(Pine, C) |
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Filing 27
MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 6/16/2022 ORDERING this matter REFERRED to Magistrate Judge Dennis M. Cota for pretrial scheduling. Accordingly, the Status (Pretrial Scheduling) Conference set for 7/28/2022 before Chief District Judge Kimberly J. Mueller is VACATED, and will be reset by Magistrate Judge Dennis M. Cota. (Text Only Entry)(Schultz, C)
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| Filing 26 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 7/28/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Donati, J) |
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Filing 25
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/18/2022: Pursuant to the senior status of District Judge John A. Mendez, this case is REASSIGNED to Chief District Judge Kimberly J. Mueller for all further proceedings. District Judge John A. Mendez is no longer assigned to case. The case number on all future filed documents shall be: 2:20-cv-1133 KJM DMC. (TEXT ONLY ENTRY)(Donati, J)
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| Filing 24 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Hector Martinez for all Plaintiffs; attorney Leanna Marie Sac terminated (Martinez, Hector) Modified on 9/20/2021 (Benson, A.). |
| Filing 23 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Stanley Mallison for all Plaintiffs; attorney Juan Gamboa terminated (Martinez, Hector) Modified on 9/20/2021 (Benson, A.). |
| Filing 22 MINUTE ORDER: Upon review of the parties' Joint Status Report, ECF No. #21 , the Court ORDERS Plaintiffs to file a Motion for Class Certification no later than 4/8/2022 and ORDERS the parties to file a updated Joint Status Report within thirty (30) days of resolution of Plaintiffs' motion. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 21 JOINT STATUS REPORT by Lagarion Brown. Attorney Gamboa, Juan added. (Gamboa, Juan) |
| Filing 20 NOTICE of APPEARANCE by Brian M. Noh on behalf of Tetra Tech, Inc.. Attorney Noh, Brian M. added. (Noh, Brian) |
| Filing 19 ANSWER with Jury Demand by Tetra Tech, Inc..(DeLaney, Damien) |
| Filing 18 ANSWER by Jesco Environmental and Geotechnical Services, Inc.,.(Knotz, Galit) |
| Filing 17 NOTICE of APPEARANCE by Abigail Jean Hudson on behalf of Jesco Environmental and Geotechnical Services, Inc.,. Attorney Hudson, Abigail Jean added. (Hudson, Abigail) |
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Filing 16
STIPULATION and ORDER signed by District Judge John A. Mendez on 10/26/2020 ORDERING the following: 1) Plaintiff is GRANTED leave to a file a second amended complaint, attached to the Joint Stipulation as Exhibit A; 2) The Second Amended Complaint shall be deemed entered and served on 10/23/2020; and 3) Defendants' responsive pleadings shall be filed no later than 11/6/2020. (Tupolo, A)
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| Filing 15 EXHIBIT A (Proposed Second Amended Complaint) re #14 Stipulation and Proposed Order by Plaintiffs. (Martinez, Hector) |
| Filing 14 STIPULATION and PROPOSED ORDER to Amend the Complaint by Plaintiffs. (Attachments: [DISREGARD - see #15 Exhibit A] #1 Exhibit A - Proposed Second Amended Complaint) (Martinez, Hector) |
| Filing 13 MINUTE ORDER: The parties are ORDERED to file a further Joint Status Report pursuant to the provisions of F.R.Cv.P. 16 and 26 by 4/8/2021. [TEXT ONLY ENTRY] (Michel, G.) |
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Filing 12
ORDER signed by District Judge John A. Mendez on 10/5/2020 GRANTING defendants until 10/26/2020 to file a responsive pleading. (Coll, A)
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| Filing 11 PROPOSED ORDER re extending defendants' time to file a responsive pleading re #9 Stipulation by Jesco Environmental and Geotechnical Services, Inc.,. (Knotz, Galit) |
| Filing 10 JOINT SCHEDULING REPORT by Jesco Environmental and Geotechnical Services, Inc.,. (Knotz, Galit) |
| Filing 9 STIPULATION for Extension of Time to file Responsive Pleading by Jesco Environmental and Geotechnical Services, Inc. (Knotz, Galit) Modified on 9/28/2020 (Coll, A). |
| Filing 8 NOTICE of RELATED CASE(S) by Jesco Environmental and Geotechnical Services, Inc.,. (Knotz, Galit) |
| Filing 7 NOTICE OF INTERESTED PARTIES by Jesco Environmental and Geotechnical Services, Inc.,. Attorney Knotz, Galit A. added. (Knotz, Galit) |
| Filing 6 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to All Defendants (Attachments: #1 Proof of Service)(Martinez, Hector) |
| Filing 5 FIRST AMENDED COMPLAINT against All Defendants by Nichlon Garrett, Isaac Saunders, Lagarion Brown, Yaphett Saunders, Roy Jackson, Hakeem Allambie.(Martinez, Hector) |
| Filing 4 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Martinez, Hector) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Benson, A.) |
| Filing 2 SUMMONS ISSUED as to *Jesco Environmental and Geotechnical Services, Inc.,, Tetra Tech, Inc.* with answer to complaint due within *21* days. Attorney *Hector Rodriguez Martinez* *Mallison & Martinez* *1939 Harrison St., Suite 730* *Oakland, CA 94612*. (Benson, A.) |
| Filing 1 COMPLAINT against All Defendants by all Plaintiffs. Attorney Martinez, Hector Rodriguez added. (Filing fee $ 400, receipt number 0972-8921797) (Attachments: #1 Civil Cover Sheet, #2 Consent Form Opt-In Authorization Form for Lagarion Brown, #3 Consent Form Opt-In Authorization Form for Roy Jackson, #4 Consent Form Opt-In Authorization Brown for Yaphett Saunders, #5 Consent Form Opt-In Authorization Form for Isaac Saunders, #6 Consent Form Opt-In Authorization Form for Hakeem Allambie, #7 Consent Form Opt-In Authorization Form for Nichlon Garrett)(Martinez, Hector) |
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