Schmidt v. Vision Service Plan et al
| Michael Schmidt |
| Vision Service Plan, VSP Optical Group, Inc., VSP Global, Inc., Marchon Eyewear, Inc. and Eyefinity, Inc. |
| 2:2020cv02400 |
| December 2, 2020 |
| US District Court for the Eastern District of California |
| John A Mendez |
| Kendall J Newman |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 56
ORDER signed by Magistrate Judge Kendall J. Newman on 8/30/2023 DENYING #44 Motion for Provisional Class Certification without prejudice to a renewed motion addressing the court's concerns. (Donati, J)
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| Filing 55 PROPOSED ORDER re Preliminary Approval of Settlement re #44 Motion for Miscellaneous Relief,. (Gordon, Scott) |
| Filing 54 NOTICE Regarding Settlement and Preliminary Approval Motion by Michael Schmidt. (Cottrell, Carolyn) Modified on 4/13/2023 (Licea Chavez, V). |
| Filing 53 STATUS REPORT by Michael Schmidt. (Cottrell, Carolyn) |
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Filing 52
ORDER REASSIGNING CASE to Magistrate Judge Kendall J. Newman signed by District Judge Dale A. Drozd on 12/19/22. New Case Number: 2:22-cv-2400-KJN. (Woodworth, M.)
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| Filing 51 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. (Attachments: #1 Proof of Service)(Kenny, Marie) |
| Filing 50 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 12/13/2022: The court is in receipt of a #49 Consent/Decline of U.S. Magistrate Judge Jurisdiction form filed by one party in this action. The other parties in this action have not yet filed completed [3-1] Consent / Decline of U.S. Magistrate Judge Jurisdiction forms. Those parties are urged to do so as soon as possible. "Our Magistrate Judges play a critical role in providing essential access to justice, particularly in our overburdened court." (Doc. No. [3-1] at 2.) Indeed, "[c]onsenting 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 we want to be sure you are fully aware of your right and ability to consent." (Id.) (Buzo, P) |
| Filing 49 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. (Leimbach, David) |
| Filing 48 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 10/10/2022: #44 Motion for Preliminary Approval of Class and Collective Action 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 47 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 8/29/2022: In light of the Order of Reassignment, ECF No. #45 , the Motion Hearing as to Plaintiff's Renewed Unopposed Motion for Preliminary Approval of Class and Collective Action Settlement, ECF No. #44 , set for 10/21/2022 before Chief Judge Kimberly J. Mueller is VACATED and RESET for 11/1/2022 at 1:30 PM before District Judge Dale A. Drozd. The parties are referred to District Judge Dale A. Drozd's Standing Order, ECF No. #46 , regarding appearance information. (Text Only Entry)(Schultz, C) |
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Filing 46
STANDING ORDER signed by District Judge Dale A. Drozd on 8/25/2022. (Donati, J)
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Filing 45
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 44 MOTION for Preliminary Approval of Class and Collective Action Settlement by Michael Schmidt. Motion Hearing set for 10/21/2022 at 10:00 AM before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Carolyn Hunt Cottrell, #3 Declaration of Tamra Givens, Esq.)(Cottrell, Carolyn) Modified on 8/9/2022 (Reader, L). |
| Filing 43 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 7/14/2022: The court is in receipt of Plaintiff's Response, filed at ECF No. #42 . In light of the parties' intent to file a Revised Class Settlement as represented in the Response, Plaintiff's Unopposed Motion for Preliminary Approval of Class and Collective Action Settlement, ECF No. #36 , is DENIED as MOOT, and the Motion Hearing set for 7/29/2022 is VACATED. (Text Only Entry) (Schultz, C) |
| Filing 42 RESPONSE by Michael Schmidt to #41 Order. (Leimbach, David) Modified on 7/15/2022 (Mena-Sanchez, L). |
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Filing 41
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/5/2022 VACATING and RESETTING the Motion for Preliminary Approval Hearing for 7/29/2022 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. The parties' supplemental brief is due within 7 days. (Coll, A)
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Filing 40
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/9/2022. GRANTING #38 Application for Pro Hac Vice. Added attorney Tamra C. Givens, PHV for Michael Schmidt. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Perdue, C.)
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| Filing 39 MINUTE ORDER issued by Relief Courtroom Deputy L. Kennison for Chief District Judge Kimberly J. Mueller on 4/29/2022: In light of the reassignment of this case and on the court's own motion, the Motion for Preliminary Approval, ECF No. #36 set for 6/28/2022 is RESET to 7/8/2022 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. The briefing deadlines remain unchanged. (Text Only Entry)(Kennison, L) |
| Filing 38 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Michael Schmidt for attorney Tamra Carsten Givens to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10197010) (Attachments: #1 Certificate of Good Standing)(Cottrell, Carolyn) Modified on 4/26/2022 (Coll, A). |
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Filing 37
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-2400 KJM KJN. (TEXT ONLY ENTRY)(Donati, J)
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| Filing 36 UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT by Michael Schmidt. Motion Hearing set for 6/28/2022 at 01:30 PM before District Judge John A. Mendez. (Attachments: #1 Memorandum of Points And Authorities, #2 Declaration of Carolyn Hunt Cottrell, #3 Declaration of Gregg I. Shavitz, #4 Proposed Order)(Cottrell, Carolyn) Modified on 4/11/2022 (Kastilahn, A). |
| Filing 35 MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge John A. Mendez on 4/6/2022: Plaintiff's #34 Unopposed Motion for Preliminary Approval of Class and Collective Action Settlement is noticed for hearing on a date not designated for the Court's civil law and motion calendar. Consequently, the hearing set for 5/10/2022 is VACATED. Counsel shall contact Gabriel Michel, Courtroom Deputy for District Judge John A. Mendez, via email to obtain an available date to re-notice the motion for hearing. Mr. Michel can be reached at: gmichel@caed.uscourts.gov. IT IS SO ORDERED. [TEXT ENTRY ONLY] (Michel, G.) |
| Filing 34 UNOPPOSED MOTION for PRELIMINARY APPROVAL of Class and Collective Action Settlement by Michael Schmidt. Motion Hearing set for 5/10/2022 at 01:30 PM before District Judge John A. Mendez. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order)(Cottrell, Carolyn) Modified on 4/13/2022 (Rodriguez, E). |
| Filing 33 FIRST AMENDED COMPLAINT against All Defendants by Michael Schmidt.(Cottrell, Carolyn) |
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Filing 32
ORDER signed by District Judge John A. Mendez on 2/4/2022 GRANTING #31 Stipulation to Amend, GRANTING plaintiff leave to file his First Amended Complaint. (Coll, A)
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| Filing 31 STIPULATION and PROPOSED ORDER for plaintiff to file first amended complaint by Michael Schmidt. (Leimbach, David) |
| Filing 30 MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Kendall J. Newman on 1/14/2022: Based on plaintiff's Notice of Withdrawal of the motion to enforce settlement (ECF No. #29 ), the court VACATES the hearing on the motion previously continued to 2/15/2022. This resolves the Motion to Enforce Settlement (ECF No. #25 ), and the case is referred back to District Judge John A. Mendez for further proceedings. (TEXT ONLY ENTRY) (Waldrop, A) |
| Filing 29 NOTICE OF WITHDRAWAL of Motion to enforce settlement agreement by Michael Schmidt. (Leimbach, David) Modified on 1/14/2022 (Mena-Sanchez, L). |
| Filing 28 MINUTES (Text Only) for proceedings held via video conference (Zoom) before Magistrate Judge Kendall J. Newman: Counsel for parties present. After hearing from parties, the Court CONTINUED the hearing on Plaintiff's Motion to Enforce A Settlement Agreement (ECF No. #25 ) to 2/15/2022 at 9:00 AM. The hearing will take place via Zoom and parties will receive instructions on how to appear closer to the hearing date. Plaintiff's Counsel Travis Smith and David Leimbach present. Defendants' Counsel Clint Engelson present. Court Reporter: Tiphanne Crowe. (Waldrop, A) |
| Filing 27 MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 1/3/2022: On the Court's own motion, the hearing on the Plaintiff's Motion to Enforce Settlement (ECF No. #25 ) is RESET for 1/5/2022 at 9:00 AM. The hearing will take place via Zoom and the Zoom appearance instructions previously emailed to counsel will remain the same. (TEXT ONLY ENTRY) (Waldrop, A) |
| Filing 26 PROPOSED ORDER re #25 Motion to enforce settlement agreement by Michael Schmidt. (Cottrell, Carolyn) Modified on 12/10/2021 (Mena-Sanchez, L). |
| Filing 25 MOTION TO ENFORCE SETTLEMENT AGREEMENT by Michael Schmidt. Motion Hearing SET for 1/5/2022 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Declaration)(Cottrell, Carolyn) Modified on 12/10/2021 (Mena-Sanchez, L). |
| Filing 24 MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 11/22/2021: Plaintiff's Request for Case Management Conference and Hearing on Plaintiff's Motion to Enforce Settlement Agreement (ECF No. #21 ) was referred to the undersigned (ECF No. 22) and is construed as a motion to enforce a settlement agreement. The motion is set for hearing via Zoom before Magistrate Judge Kendall J. Newman on Wednesday, 1/5/2022 at 10:00 AM. Instructions for joining the hearing will be circulated before the hearing date. By 12/8/2021, Plaintiff shall file a brief in support of his motion, explaining the precise relief sought by way of enforcement and the legal authority for entering such relief. Defendants' opposition brief is due by 12/22/2021. And Plaintiff's optional reply brief is due by 12/29/2021. Although this motion is set for hearing, the parties are encouraged to work together to resolve this dispute without the court's intervention. Plaintiff shall promptly notify the court if the parties independently reach an acceptable resolution during the course of briefing. (TEXT ONLY ENTRY) (Waldrop, A) |
| Filing 22 MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge John A. Mendez on 11/19/2021: On November 17, 2021, Plaintiff filed a Request for a Case Management Conference and Hearing on Plaintiff's Motion to Enforce Settlement Agreement. See ECF No. #21 . This matter is REFFERED to Magistrate Judge Kendall J. Newman for further proceedings. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 21 REQUEST for CASE MANAGEMENT CONFERENCE and Hearing on Plaintiff's Motion to Enforce Settlement Agreement by Michael Schmidt. (Leimbach, David) |
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Filing 20
ORDER signed by District Judge John A. Mendez on 8/12/2021 ORDERING that the deadline for filing dispositional documents set forth in the 18 Court's Order is hereby CONTINUED to 12/13/2021. (Zignago, K.)
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| Filing 19 STIPULATION FOR EXTENSION OF TIME to file Dispositional Documents by Michael Schmidt. (Leimbach, David) Modified on 8/10/2021 (Michel, G.). |
| Filing 18 MINUTE ORDER: The Court has been advised by counsel that this action has SETTLED. See ECF No. #17 . Accordingly, the parties are ORDERED to file dispositional documents within twenty-one (21) days in accordance with the provisions of Local Rule 160. Additionally, any hearing dates and deadlines previously set in this matter are VACATED. [TEXT ENTRY ONLY] (Michel, G.) |
| Filing 17 NOTICE OF SETTLEMENT by Michael Schmidt. Attorney Leimbach, David Christopher ADDED. (Leimbach, David) |
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Filing 16
ORDER signed by District Judge John A. Mendez on 3/19/2021 GRANTING Stipulation to extend deadline for initial disclosures. The new deadline for the parties to exchange initial disclosures is 8/16/2021. (Zignago, K.)
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| Filing 15 AMENDED PROOF OF SERVICE by Defendants. (Kenny, Marie) Modified on 3/23/2021 (Mena-Sanchez, L). |
| Filing 14 STIPULATION and PROPOSED ORDER Extending deadline to exchange initial disclosures by Eyefinity, Inc., et al., (Attachments: #1 Proposed Order, #2 Proof of Service)(Kenny, Marie) Modified on 3/23/2021 (Benson, A.). |
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Filing 13
PRETRIAL SCHEDULING ORDER signed by District Judge John A. Mendez on 3/12/2021 ORDERING all Dispositive Motions shall be filed by 7/14/2023. Hearing on such motions shall be on 8/22/2023 at 1:30 PM. Discovery shall be completed by 6/2/2023. Designation of Expert Witnesses due by 3/31/2023. Final Pretrial Conference set for 10/13/2023 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Jury Trial set for 11/27/2023 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Zignago, K.)
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| Filing 12 JOINT STATUS REPORT by Michael Schmidt. (Gordon, Scott) |
| Filing 11 NOTICE of parties with financial interest, pursuant to FRCP 7.1 by Eyefinity, Inc., Marchon Eyewear, Inc., VSP Global, Inc., VSP Optical Group, Inc., Vision Service Plan. (Attachments: #1 Proof of Service)(Kenny, Marie) Modified on 3/3/2021 (Reader, L). |
| Filing 10 ANSWER by Eyefinity, Inc., Marchon Eyewear, Inc., VSP Global, Inc., VSP Optical Group, Inc., Vision Service Plan. (Attachments: #1 Proof of Service)(Kenny, Marie) |
| Filing 9 STIPULATION to Extend Defendants' Deadline to Answer or Respond to Complaint by Eyefinity, Inc., Marchon Eyewear, Inc., VSP Global, Inc., VSP Optical Group, Inc., Vision Service Plan. Attorney Kenny, Marie B. added. (Attachments: #1 Proof of Service)(Kenny, Marie) Modified on 2/18/2021 (Zignago, K.). |
| Filing 8 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Marchon Eyewear, Inc. on 12/17/2020, Answer due 2/16/2021 (Gordon, Scott) |
| Filing 7 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Eyefinity, Inc. on 12/17/2020, Answer due 2/16/2021 (Gordon, Scott) |
| Filing 6 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to VSP Optical Group, Inc. on 12/17/2020, Answer due 2/16/2021 (Gordon, Scott) |
| Filing 5 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to VSP Global, Inc. on 12/16/2020, Answer due 2/16/2021 (Gordon, Scott) |
| Filing 4 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Vision Service Plan on 12/16/2020, Answer due 2/16/2021 (Gordon, Scott) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Civil Cover Sheet, #2 Order re Filing Requirements, #3 VDRP) (Benson, A.) |
| Filing 2 SUMMONS ISSUED as to *Eyefinity, Inc., Marchon Eyewear, Inc., VSP Global, Inc., VSP Optical Group, Inc., Vision Service Plan* with answer to complaint due within *21* days. Attorney *Carolyn H. Cottrell* *Schneider Wallace Cottrell Konecky LLP* *2000 Powell St., Suite 1400* *Emeryville, CA 94608*. (Benson, A.) |
| Filing 1 COMPLAINT against All Defendants by Michael Schmidt. Attorney Cottrell, Carolyn H. added. (Filing fee $ 402, receipt number 0972-9278717) (Attachments: #1 Civil Cover Sheet(Cottrell, Carolyn) |
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