Hughes v. S.A.W. Entertainment, LTD
Plaintiff: Nicole Hughes
Defendant: S.A.W. Entertainment, LTD
Case Number: 3:2016cv03371
Filed: June 16, 2016
Court: US District Court for the Northern District of California
Office: Oakland Office
County: Alameda
Presiding Judge: Yvonne Gonzalez Rogers
Nature of Suit: Fair Labor Standards Act
Cause of Action: 15 U.S.C. ยง 5
Jury Demanded By: None
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Date Filed Document Text
August 23, 2019 Opinion or Order Filing 188 ORDER by Judge Laurel Beeler granting 177 Motion to Stay; denying without prejudice 37 Motion to Certify Class Pursuant to Section 216(b) of the FLSA. As set forth in the attached order, the court stays this case until the Ninth Circuit issu es a decision in the related case Roe v. SFBSC Management, LLC, No. 3:14-cv-03616-LB (N.D. Cal. filed Aug. 7, 2014), appeal docketed sub nom. Murphy v. SFBSC Management, LLC, No. 17-17079 (9th Cir. filed Oct. 16, 2017), without p rejudice to future stays. The court denies without prejudice the plaintiffs' motion for conditional certification and for issuance of an FLSA notice. The court equitably tolls the FLSA statute of limitations for potential opt-in plaintiffs (1) w ith respect to claims against S.A.W. Entertainment, Ltd. and Gold Club – S.F., LLC, from December 29, 2016 to the date the Ninth Circuit issues a decision in Roe, and (2) with respect to claims against SFBSC Management, LLC, from November 28, 2018 to the date the Ninth Circuit issues a decision in Roe. (lblc1S, COURT STAFF) (Filed on 8/23/2019)
May 9, 2019 Opinion or Order Filing 171 ORDER by Judge Laurel Beeler terminating (138) Motion to Dismiss; granting in part and denying in part (139) Motion to Compel Arbitration; granting in part and denying in part (152) Motion to Enforce Arbitration Order ; granting (153) Motion to Compel Arbitration; denying (161) Motion for Reconsideration in case 3:16-cv-03371-LB; granting (62) Motion to Compel; granting in part and denying in part (70) Motion to Enforce Arbitration Order in case 3:17-cv-00138-LB. As set forth i n the attached, the court orders the following.The court grants the defendants' motion to enforce its August 2018 arbitration order (but denies the motion to hold the plaintiffs in contempt or impose sanctions). The court denies the plaint iffs' motion for reconsideration of the August 2018 arbitration order. The court grants all pending motions to compel arbitration except that it denies the motion to compel with respect to the claims Ms. Tejada brings in this action arising afte r January 31, 2017 (the "Post-January-2017 Claims"). The court orders the plaintiffs to submit all claims other than California Private Attorney General Act ("PAGA") claims and Ms. Tejada's Post-January-2017 Claims to binding arbitration.The court stays each plaintiff's PAGA claim (if any) while that respective plaintiff's arbitration is pending.The court administratively terminates the defendants' motion to dismiss without prejudice with respe ct to each plaintiff while that respective plaintiff's arbitration is pending.As the parties and the court discussed at the hearing, the parties will brief (1) the next steps for Ms. Tejada's Post-January-2017 Claims, including whether they should be stayed pending the arbitration of her Pre-January-2017 Claims, and (2) whether the court should authorize issuance of an FLSA notice.(lblc1S, COURT STAFF) (Filed on 5/9/2019)
November 19, 2018 Opinion or Order Filing 132 ORDER by Judge Laurel Beeler granting 122 Motion to Amend/Correct ; plaintiffs are required to E-FILE the amended document. As set forth in the attached order, the court grants the plaintiffs' motion to amend. The plaintiffs must e -file their Third Amended Complaint ("TAC") on the docket. The defendants can raise their arguments against the TAC through future motions, including a motion to compel arbitration and/or a motion to stay or dismiss. As discussed at the November 15 hearing, the parties must meet and confer on a schedule for any motion briefing and for any further attempts at alternative dispute resolution. (lblc1S, COURT STAFF) (Filed on 11/19/2018)
August 29, 2018 Opinion or Order Filing 120 ORDER GRANTING (87 in 3:16-cv-03371-LB) MOTION to Compel Arbitration and Dismiss/Stay Action filed by Gold Club-SF, LLC, S.A.W. Entertainment, LTD; (91 in 3:16-cv-03371-LB) MOTION to Compel Arbitration and Dismiss/Stay Action (Dora Marchand) filed by Gold Club-SF, LLC, S.A.W. Entertainment, LTD; (28 in 3:17-cv-00138-LB) MOTION to Compel Arbitration and Dismiss/Stay Action filed by Saw Entertainment Ltd.As set forth in the attached order, the court grants the defendants' motions to compel as follows: Named plaintiffs Nicole Hughes, Angelynn Hermes, Penny Nunez, Elana Pera, and Sarah Murphy, and opt-in plaintiff Dora Marchand, must submit all claims other than California Private Attorney Ge neral Act (PAGA) claims to binding arbitration. The court stays each plaintiff's PAGA claims (if any) while that plaintiff's arbitration is pending. The plaintiffs may file a motion to amend the Hughes complaint to add a new named plaintiff or plaintiffs by September 19, 2018. The defendants may oppose any such motion. Signed by Judge Laurel Beeler on August 29, 2018. (lblc1S, COURT STAFF) (Filed on 8/29/2018)
December 18, 2017 Opinion or Order Filing 102 ORDER by Judge Laurel Beeler deferring ruling on (37), (89) Motion to Certify Class; deferring ruling on (87) Motion to Compel; deferring ruling on (88) Motion to Dismiss; deferring ruling on (91) Motion to Compel in case 3:16-cv-03371-LB; de ferring ruling on (25) Motion to Certify Class; deferring ruling on (26) Motion to Dismiss; deferring ruling on (28) Motion to Compel in case 3:17-cv-00138-LB; and staying proceedings.As set forth in the attached order, the court defers deci sion on the parties' pending motions. The court additionally stays these cases pending the Supreme Court's decision in Morris v. Ernst & Young, LLP, No. 16-300 (U.S.) and the court's decision, to follow thereafter, on the defendants' motions to compel arbitration. The court equitably tolls the FLSA statute of limitations for potential opt-in plaintiffs while these actions are stayed. (lblc1S, COURT STAFF) (Filed on 12/18/2017)
December 20, 2016 Opinion or Order Filing 63 STIPULATION AND ORDER RE ORDER AT ECF NO. 57: Re 62 Stipulation filed by Gold Club-SF, LLC, S.A.W. Entertainment, LTD. Motion Hearing reset to 1/12/2017 at 9:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Signed by Magistrate Judge Laurel Beeler on 12/20/2016. (lsS, COURT STAFF) (Filed on 12/20/2016)
November 29, 2016 Opinion or Order Filing 51 ORDER VACATING ORDER TO SHOW CAUSE AND ORDER OF REFERENCE FOR ALL PURPOSES TO MAGISTRATE JUDGE BEELER re 47 Order; ORDER REFERRING CASE to Magistrate Judge Beeler. Signed by Judge Yvonne Gonzalez Rogers on 11/29/16. (fs, COURT STAFF) (Filed on 11/29/2016)
November 22, 2016 Opinion or Order Filing 47 ORDER GRANTING STIPULATED ORDER REGARDING SCHEDULING AND ORDER TO SHOW CAUSE RE: REASSIGNMENT re 46 Case Management Statement filed by Gold Club-SF, LLC, S.A.W. Entertainment, LTD, Nicole Hughes, Penny Nunez, Angelynn Hermes. ORDER TO SHOW CAUSE: Show Cause Response due by 11/28/2016. Initial Case Management Conference set for 11/28/2016 is CONTINUED to Tuesday, 12/13/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland. Signed by Judge Yvonne Gonzalez Rogers on 11/22/16. (fs, COURT STAFF) (Filed on 11/22/2016)
August 10, 2016 Opinion or Order Filing 16 ORDER DISCHARGING OSC AND GRANTING APPLICATION OF SHANNON LISS-RIORDAN FOR ADMISSION PRO HAC VICE re 6 MOTION for leave to appear in Pro Hac Vice Shannon Liss-Riordan ( Filing fee $ 305, receipt number 0971-10567866.) filed by Nicole Hughes. Signed by Judge Yvonne Gonzalez Rogers on 8/10/16. (fs, COURT STAFF) (Filed on 8/10/2016)
July 25, 2016 Opinion or Order Filing 12 ORDER TO SHOW CAUSE RE:APPLICATION OF SHANNON LISS-RIORDAN FOR ADMISSION PRO HAC VICE. Show Cause Response due by 8/5/2016. Signed by Judge Yvonne Gonzalez Rogers on 7/25/16. (fs, COURT STAFF) (Filed on 7/25/2016)
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Plaintiff: Nicole Hughes
Represented By: Matthew David Carlson
Represented By: Michael Louis Freedman
Represented By: Shannon Liss-Riordan
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Defendant: S.A.W. Entertainment, LTD
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