Melgoza v. Aegis Senior Communities LLC
| Daniela Melgoza |
| Aegis Senior Communities LLC d/b/a Aeigis Living and Aegis Senior Communities LLC d/b/a Aegis Living |
| 3:2022cv01756 |
| March 18, 2022 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Virginia K DeMarchi |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.
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Filing 50
ORDER re: Stipulation to Stay Case Pending Approval of Global Settlement in Related State Court Action. The court vacates all dates and sets a Status Conference for 12/14/2023 at 11:00 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler to avoid losing track of the case. Case Management Statement due by 12/7/2023. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Signed by Judge Laurel Beeler on 09/08/2023. (ejk, COURT STAFF) (Filed on 9/8/2023)
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| Filing 49 STIPULATION WITH PROPOSED ORDER - Stipulation to Stay Case Pending Approval of Global Settlement in Related State Court Action filed by Aegis Senior Communities LLC d/b/a Aegis Living. (Attachments: #1 Proposed Order Granting Stipulation to Stay Case Pending Approval of Global Settlement in Related State Court Action)(Farag, Shareef) (Filed on 9/8/2023) |
| Filing 48 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Pursuant to the parties' request, the court resets the Initial Case Management Conference previously set for 5/11/2023 to 9/21/2023 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 9/14/2023. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (ejk, COURT STAFF) (Filed on 5/1/2023) |
| Filing 47 JOINT CASE MANAGEMENT STATEMENT and Notice of Settlement filed by Daniela Melgoza. (Lim, Michelle) (Filed on 4/28/2023) |
| Filing 46 NOTICE of Change In Counsel by Michelle Son Lim Withdrawal of Samantha A. Smith and Notice of Appearance of David C. Leimbach (Lim, Michelle) (Filed on 4/11/2023) |
| Filing 45 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Initial Case Management Conference previously set for 10/13/2022 is reset to 5/11/2023 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 5/4/2023. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts. gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (ejk, COURT STAFF) (Filed on 10/7/2022) |
| Filing 44 JOINT CASE MANAGEMENT STATEMENT filed by Aegis Senior Communities LLC d/b/a Aegis Living. (Farag, Shareef) (Filed on 10/6/2022) |
| Filing 43 Certificate of Interested Entities by Daniela Melgoza (Smith, Samantha) (Filed on 8/16/2022) |
| Filing 42 Answer to Amended Complaint #40 Amended Complaint Defendant's Answer to Plaintiff's First Amended Collective Action Complaint byAegis Senior Communities LLC d/b/a Aegis Living. (Farag, Shareef) (Filed on 8/5/2022) |
| Filing 41 NOTICE by Daniela Melgoza re #37 Notice (Other) of Filing Amended Consent to Join FLSA Action (Attachments: #1 Exhibit 1- Amended Consent Form by Daniela Melgoza)(Lim, Michelle) (Filed on 7/28/2022) |
| Filing 40 AMENDED COMPLAINT Violations of the Fair Labor Standards Act against Aegis Senior Communities LLC d/b/a Aegis Living. Filed byDaniela Melgoza. (Lim, Michelle) (Filed on 7/25/2022) |
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Filing 39
Order by Magistrate Judge Laurel Beeler granting #38 Stipulation for Leave to File First Amended Complaint. The court asks the plaintiff to file a stand-alone copy of the amended complaint within two business to ensure a clean docket sheet. (ejk, COURT STAFF) (Filed on 7/25/2022)
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| Filing 38 STIPULATION WITH PROPOSED ORDER FOR LEAVE TO FILE FIRST AMENDED COMPLAINT filed by Daniela Melgoza. (Attachments: #1 Exhibit 1- First Amended Complaint, #2 Exhibit 2- Redline Version of The Proposed First Amended Complaint)(Lim, Michelle) (Filed on 7/25/2022) |
| Filing 37 NOTICE by Daniela Melgoza of Filing Consent to Join FLSA Action (Attachments: #1 Exhibit 1- Consent Form by Daniela Melgoza)(Lim, Michelle) (Filed on 7/11/2022) |
| Filing 36 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Initial Case Management Conference previously set for 7/28/2022 is reset to 10/13/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 10/6/2022. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourt s.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (ejk, COURT STAFF) (Filed on 7/8/2022) |
| Filing 35 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Initial Case Management Conference previously set for 7/14/2022 is reset to 7/28/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 7/21/2022. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscour ts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (ejk, COURT STAFF) (Filed on 6/14/2022) |
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Filing 34
ORDER RESETTING CASE MANAGEMENT AND RELATED DEADLINES IN CONSOLIDATED ACTION. Initial Case Management Conference set for 7/14/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 7/7/2022. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Signed by Judge Laurel Beeler on 06/07/2022. (ejk, COURT STAFF) (Filed on 6/7 /2022)
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| Filing 33 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Farag, Shareef) (Filed on 6/1/2022) |
| Filing 32 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff Daniela Melgoza (Smith, Samantha) (Filed on 5/31/2022) |
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Filing 31
Order denying Motion to Dismiss (ECF No. 16) and consolidating related actions.(lblc4, COURT STAFF) (Filed on 5/26/2022)
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| Filing 30 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing held via Zoom on 5/26/2022. Matters are argued, submitted and taken under submission. Court to issue order. Parties are directed to confer and update the court within seven days with a proposed schedule. Total Time in Court: 5 minutes. Digital Recording Time: 11:07 - 11:12. Plaintiff's Attorney: Samantha Alane Smith. Defendant's Attorney: Shareef Swamy Farag. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 5/26/2022) |
| Filing 29 CLERK'S NOTICE RESETTING MOTION HEARING TIME: Motion Hearing set for 5/26/2022 at 9:30 AM is reset to 10:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 5/26/2022) |
| Filing 28 Statement re 27 Clerk's Notice,, Consolidation by Daniela Melgoza. (Smith, Samantha) (Filed on 5/17/2022) |
| Filing 27 CLERK'S NOTICE: Now that the cases are related, and the court has denied the motion to remand in the low-numbered case, the court asks the plaintiffs in both cases to confer and file a statement as soon as is practicable and in any event by Tuesday, May 17, 2022 with their positions on the defendant's suggestion of consolidation of the complaints as an option. The plaintiffs in the new case are welcome to appear at the motions hearing on May 26, 2022, at 9:30 a.m. The hearing will be conducted by Zoom, and the instructions are on the docket sheet in the low-numbered case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 5/16/2022) |
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Filing 26
Order by Magistrate Judge Laurel Beeler granting (31) Motion to Relate Case in case 3:22-cv-00525-LB. Associated Cases: 3:22-cv-00525-LB, 3:22-cv-01756-LB(ejk, COURT STAFF) (Filed on 5/9/2022)
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| Filing 25 REPLY (re #16 MOTION to Dismiss or Stay Plaintiff's State-Law Claims ) Reply in Support of Defendant's Motion to Dismiss or Stay Plaintiff's State-Law Claims filed byAegis Senior Communities LLC d/b/a Aegis Living. (Farag, Shareef) (Filed on 5/9/2022) |
| Filing 24 OPPOSITION/RESPONSE (re #16 MOTION to Dismiss or Stay Plaintiff's State-Law Claims ) filed byDaniela Melgoza. (Smith, Samantha) (Filed on 5/2/2022) |
| Filing 23 CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 6/30/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 6/23/2022. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons g ranted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 4/27/2022) |
| Filing 22 CLERK'S NOTICE SETTING MOTION HEARING: Motion Hearing #16 MOTION to Dismiss or Stay Plaintiff's State-Law Claims set for 5/26/2022 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. The briefing schedule remains the same. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceeding s, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (ejk, COURT ST AFF) (Filed on 4/27/2022) |
| Case Reassigned to Magistrate Judge Laurel Beeler. Judge William H. Orrick no longer assigned to the case. (mbc, COURT STAFF) (Filed on 4/27/2022) |
| Filing 21 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Aegis Senior Communities LLC d/b/a Aegis Living.. (Farag, Shareef) (Filed on 4/22/2022) |
| Filing 20 Case reassigned to Judge William H. Orrick. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi no longer assigned to the case. Reassignment Order signed by Clerk on 4/19/2022. (Attachments: #1 Notice of Eligibility for Video Recording) (bw, COURT STAFF) (Filed on 4/19/2022) |
| Filing 19 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bw, COURT STAFF) (Filed on 4/19/2022) |
| Filing 18 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. This is a text only docket entry; there is no document associated with this notice. (amk, COURT STAFF) (Filed on 4/19/2022) |
| Filing 17 NOTICE by Aegis Senior Communities LLC d/b/a Aegis Living /Notice of Lodging of Defendant's Administrative Motion to Consider Whether Cases Should be Deemed Related (Farag, Shareef) (Filed on 4/18/2022) |
| Filing 16 MOTION to Dismiss or Stay Plaintiff's State-Law Claims filed by Aegis Senior Communities LLC d/b/a Aegis Living. Motion Hearing set for 5/24/2022 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Responses due by 5/2/2022. Replies due by 5/9/2022. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order)(Farag, Shareef) (Filed on 4/18/2022) |
| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Aegis Senior Communities LLC d/b/a Aegis Living.. (Farag, Shareef) (Filed on 4/18/2022) |
| Filing 14 Certificate of Interested Entities by Aegis Senior Communities LLC d/b/a Aegis Living (Farag, Shareef) (Filed on 4/18/2022) |
| Filing 13 ANSWER to Complaint /Defendant's Answer to Plaintiff's Class and Collective Action Complaint byAegis Senior Communities LLC d/b/a Aegis Living. (Farag, Shareef) (Filed on 4/18/2022) |
| Filing 12 NOTICE of Appearance by Vivian Y. Shen on behalf of Aegis Senior Communities, LLC d/b/a/ Aegis Living (Shen, Vivian) (Filed on 4/18/2022) |
| Filing 11 NOTICE of Appearance by Kerri H. Sakaue on behalf of Aegis Senior Communities, LLC d/b/a Aegis Living (Sakaue, Kerri) (Filed on 4/18/2022) |
| Filing 10 NOTICE of Appearance by Nicholas D. Poper on behalf of Aegis Senior Communities, LLC d/b/a Aegis Living (Poper, Nicholas) (Filed on 4/18/2022) |
| Filing 9 CERTIFICATE OF SERVICE by Daniela Melgoza re #8 Consent/Declination to Proceed Before a US Magistrate Judge (Cottrell, Carolyn) (Filed on 4/6/2022) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Daniela Melgoza.. (Cottrell, Carolyn) (Filed on 4/6/2022) |
| Filing 7 SUMMONS Returned Executed by Daniela Melgoza. Aegis Senior Communities LLC d/b/a Aegis Living served on 3/28/2022, answer due 4/18/2022. (Smith, Samantha) (Filed on 3/30/2022) |
| Filing 6 NOTICE of Appearance by Samantha Alane Smith as Attorney for Plaintiff (Smith, Samantha) (Filed on 3/25/2022) |
| Filing 5 Summons Issued as to Aegis Senior Communities LLC. (far, COURT STAFF) (Filed on 3/21/2022) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 6/14/202 2. Initial Case Management Conference set for 6/21/2022 01:30 PM in San Jose, Courtroom 2, 5th Floor. (far, COURT STAFF) (Filed on 3/21/2022) |
| Filing 3 Case assigned to Magistrate Judge Virginia K. DeMarchi. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/4/2022. (jlg, COURT STAFF) (Filed on 3/21/2022) |
| Filing 2 Proposed Summons. (Cottrell, Carolyn) (Filed on 3/18/2022) |
| Filing 1 COMPLAINT against Aegis Senior Communities LLC d/b/a Aeigis Living ( Filing fee $ 402, receipt number ACANDC-17009184.). Filed byDaniela Melgoza. (Attachments: #1 Civil Cover Sheet)(Cottrell, Carolyn) (Filed on 3/18/2022) |
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