Schwendeman v. Health Carousel, LLC et al
| Connie Schwendeman |
| Health Carousel, LLC and Health Carousel Travel Network, LLC |
| 5:2018cv07641 |
| December 19, 2018 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Beth Labson Freeman |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| None |
Docket Report
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This docket was last retrieved on July 24, 2020. A more recent docket listing may be available from PACER.
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| ***Civil Case Terminated. (sfbS, COURT STAFF) (Filed on 7/23/2020) |
| Filing 47 Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 7/23/2020 re #41 MOTION for Settlement of PAGA Action filed by Connie Schwendeman. Total Time in Court: 9 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Kye Pawlenko via Zoom Webinar. Defendant Attorney: Sarah Kroll-Rosenbraum via Zoom Webinar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 7/24/2020) |
Filing 46
ORDER GRANTING #41 MOTION FOR APPROVAL OF SETTLEMENT OF CALIFORNIA LABOR CODE PRIVATE ATTORNEY GENERAL ACT ("PAGA") CLAIM IN ACCORDANCE WITH LABOR CODE 2699(l)(2). Signed by Judge Beth Labson Freeman on 7/23/2020. (blflc1S, COURT STAFF) (Filed on 7/23/2020)
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Filing 45
ORDER GRANTING #44 REQUEST TO WITHDRAW OF KENNETH D. SULZER, SAYAKA KARITANI, AND MATTHEW SCHOLL AS COUNSEL FOR DEFENDANTS. Signed by Judge Beth Labson Freeman on 7/22/2020.(blflc1S, COURT STAFF) (Filed on 7/22/2020)
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| Filing 44 MOTION to Withdraw as Attorney filed by Health Carousel, LLC. Responses due by 8/4/2020. Replies due by 8/11/2020. (Attachments: #1 Proposed Order)(Karitani, Sayaka) (Filed on 7/21/2020) |
| Filing 43 CLERK'S NOTICE CONVERTING CIVIL LAW AND MOTION HEARING ON 7/23/2020 TO ZOOM WEBINAR. ***REGISTRATION OF COUNSEL IN ADVANCE IS REQUIRED, SEE BELOW*** Pre-registration by counsel with the clerk in advance of the hearing must be done by emailing one list from each side of the names of counsel who will be participating in the hearing to blfcrd@cand.uscourts.gov no later than Wednesday, July 22 at 2:00 PM, PST. All counsel, public, and press will join the webinar as attendees and be able to see and hear the proceedings but will not be able to participate in the proceedings until the Court switches them over to a participant. Before each case is called, counsel who have pre-registered with the clerk in advance of the hearing will be converted from attendee to participant. Once the hearing ends for their case, they will be switched back to attendee. The information below is for all counsel, members of the public and press to use for accessing the hearings set on July 23, 2020, at 9:00 AM. ***All Preregistered Counsel participating in the hearing shall sign in no later than 8:50 AM for check in.*** When: July 23, 2020 at 9:00 AM PST Topic: Judge Freeman - Thursday 7/23/2020 Law and Motion Calendar Please use the link below to join the webinar: https://cand-uscourts.zoomgov.com/j/1607141430?pwd=OEszVGhPbTcxbjRGZngveGhmRnV5UT09Webinar ID: 160 714 1430Password: 773627 Or iPhone one-tap : US: +16692545252,,1607141430#,,1#,773627# or +16468287666,,1607141430#,,1#,773627# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666 Webinar ID: 160 714 1430 Password: 773627 International numbers available: https://cand-uscourts.zoomgov.com/u/ad2COizskYOr an H.323/SIP room system: H.323: 161.199.138.10 (US West) or 161.199.136.10 (US East) Meeting ID: 160 714 1430 Password: 773627 SIP: 1607141430@sip.zoomgov.comFor more case information, please refer to the case docket at: https://www.cand.uscourts.gov/cases-e-filing/cm-ecf/or the judges calendar at: https://apps.cand.uscourts.gov/CEO/cfd.aspx?7149or the list of all upcoming hearings at: https://apps.cand.uscourts.gov/telhrg/ (This is a text-only entry generated by the court. There is no document associated with this entry.) For important information and guidance on technical preparation, please see #https://www.cand.uscourts.gov/zoom/.(tshS, COURT STAFF)(tshS, COURT STAFF) (Filed on 7/20/2020) |
| Filing 42 Statement of Non-Opposition re #41 MOTION for Settlement of PAGA Action filed byHealth Carousel, LLC. (Related document(s) #41 ) (Kroll-Rosenbaum, Sarah) (Filed on 5/26/2020) |
| Filing 41 MOTION for Settlement of PAGA Action filed by Connie Schwendeman. Motion Hearing set for 7/23/2020 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 5/27/2020. Replies due by 6/3/2020. (Attachments: #1 Supplement Memorandum of Points & Authorities, #2 Declaration of Matthew B. Hayes, #3 Exhibit 1 to Hayes Declaration (PAGA Notice), #4 Exhibit 2 to Hayes Declaration (Settlement Agreement), #5 Exhibit 3 to Hayes Declaration (Admin Quote), #6 Exhibit 4 to Hayes Declaration (Wage Statement), #7 Proposed Order)(Hayes, Matthew) (Filed on 5/13/2020) |
| Set Motion Hearing Date as to Motion for Approval of PAGA Settlement.Motion Hearing set for 7/23/2020 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. (tshS, COURT STAFF) (Filed on 5/12/2020) |
| Case reopened. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sfbS, COURT STAFF) (Filed on 5/11/2020) |
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Filing 40
ORDER APPROVING #39 STIPULATED REQUEST TO REOPEN CASE AND LIFT STAY FOR PURPOSE OF FILING MOTION FOR APPROVAL OF PAGA SETTLEMENT; AND SETTING MOTION HEARING. Motions due by 7/9/2020. Motion Hearing set for 7/23/2020 01:30 PM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Signed by Judge Beth Labson Freeman on 5/11/2020. (blflc1S, COURT STAFF) (Filed on 5/11/2020)
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| Filing 39 STIPULATION WITH PROPOSED ORDER Reopening Case and Lifting Stay to Permit Filing of Motion for Approval of PAGA Settlement filed by Connie Schwendeman. (Attachments: #1 Proposed Order)(Hayes, Matthew) (Filed on 5/8/2020) |
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Filing 38
ORDER GRANTING #19 DEFENDANTS' MOTION TO COMPEL ARBITRATION; AND STAYING ACTION. Signed by Judge Beth Labson Freeman on 11/20/2019.(blflc1S, COURT STAFF) (Filed on 11/20/2019)
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Filing 37
ORDER RE #36 JOINT STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES. Signed by Judge Beth Labson Freeman on 11/8/2019. (blflc1S, COURT STAFF) (Filed on 11/8/2019)
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| Filing 36 STIPULATION WITH PROPOSED ORDER Joint Stipulation to Continue Initial Case Management Conference and Related Deadlines filed by Health Carousel Travel Network, LLC, Health Carousel, LLC. (Attachments: #1 Proposed Order re Joint Stipulation to Continue Initial Case Management Conference and Related Deadlines)(Kroll-Rosenbaum, Sarah) (Filed on 11/7/2019) |
| Filing 35 Supplemental Brief Defendants' Supplemental Brief in Support of Motion to Compel Arbitration filed byHealth Carousel Travel Network, LLC, Health Carousel, LLC. (Kroll-Rosenbaum, Sarah) (Filed on 10/15/2019) |
| Filing 34 Transcript of Proceedings held on 8-15-19, before Judge Beth Labson Freeman. Court Reporter/Transcriber Lee-Anne Shortridge, telephone number email: lee-anne_shortridge@cand.uscourts.gov; 408-287-4580. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #33 Transcript Order ) Release of Transcript Restriction set for 1/2/2020. (Related documents(s) #33 ) (las, ) (Filed on 10/3/2019) |
| Filing 33 TRANSCRIPT ORDER for proceedings held on August 15, 2019 before Judge Beth Labson Freeman by Health Carousel Travel Network, LLC, Health Carousel, LLC, for Court Reporter Lee-Anne Shortridge. (Kroll-Rosenbaum, Sarah) (Filed on 10/2/2019) |
| Filing 32 Supplemental Brief re #19 MOTION to Compel Defendants Health Carousel, LLC And Health Carousel Travel Network, LLCs Notice Of Motion And Motion To Compel Arbitration And To Dismiss The Action; Memorandum Of Points And Authorities In Support Thereof filed byConnie Schwendeman. (Related document(s) #19 ) (Pawlenko, Kye) (Filed on 9/30/2019) |
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Filing 31
ORDER RE. JOINT STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES by Judge Beth Labson Freeman. Granting #30 Stipulation. Case Management Statement due by 12/5/2019. Initial Case Management Conference set for 12/12/2019 11:00 AM in San Jose, Courtroom 3, 5th Floor. (tshS, COURT STAFF) (Filed on 9/27/2019)
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| Filing 30 STIPULATION WITH PROPOSED ORDER re Joint Stipulation to Continue Initial Case Management Conference and Related Deadlines filed by Health Carousel Travel Network, LLC, Health Carousel, LLC. (Attachments: #1 Proposed Order re Joint Stipulation to Continue Initial Case Management Conference and Related Deadlines)(Kroll-Rosenbaum, Sarah) (Filed on 9/25/2019) |
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Filing 29
JOINT STIPULATION AND ORDER RE: STRIKING PRAYER FOR UNPAID WAGES AND SUPPLEMENTAL BRIEFING ON THE ISSUE OF WAIVER (approving #28 ). Signed by Judge Beth Labson Freeman on 9/16/2019.(blflc1S, COURT STAFF) (Filed on 9/16/2019)
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| Filing 28 STIPULATION WITH PROPOSED ORDER re #19 MOTION to Compel Defendants Health Carousel, LLC And Health Carousel Travel Network, LLCs Notice Of Motion And Motion To Compel Arbitration And To Dismiss The Action; Memorandum Of Points And Authorities In Support Thereof filed by Connie Schwendeman. (Pawlenko, Kye) (Filed on 9/16/2019) |
| Filing 27 Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 8/15/2019 re #19 MOTION to Compel Defendants Health Carousel, LLC And Health Carousel Travel Network, LLCs Notice Of Motion And Motion To Compel Arbitration And To Dismiss The Action; Memorandum Of Points And Authorities In Support Thereof filed by Health Carousel Travel Network, LLC, Health Carousel, LLC.A forthcoming Order will memorialize all relevant information, deadlines, and rulings from the hearing. Total Time in Court: 28 Minutes (9:00 - 9:28). Court Reporter: Lee-Anne Shortridge. Plaintiff Attorney: Kye Pawlenko. Defendant Attorney: Sarah Kroll-Rosenbaum. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 8/15/2019) |
| Filing 26 REPLY (re #19 MOTION to Compel Defendants Health Carousel, LLC And Health Carousel Travel Network, LLCs Notice Of Motion And Motion To Compel Arbitration And To Dismiss The Action; Memorandum Of Points And Authorities In Support Thereof ) filed byHealth Carousel Travel Network, LLC, Health Carousel, LLC. (Kroll-Rosenbaum, Sarah) (Filed on 6/21/2019) |
| Filing 25 OPPOSITION/RESPONSE (re #19 MOTION to Compel Defendants Health Carousel, LLC And Health Carousel Travel Network, LLCs Notice Of Motion And Motion To Compel Arbitration And To Dismiss The Action; Memorandum Of Points And Authorities In Support Thereof ) filed byConnie Schwendeman. (Pawlenko, Kye) (Filed on 5/24/2019) |
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Filing 24
ORDER RESETTING HEARING ON #19 DEFENDANTS' MOTION TO COMPEL ARBITRATION AND DISMISS ACTION FROM SEPTEMBER 26, 2019 TO AUGUST 15, 2019. Motion Hearing set for 8/15/2019 09:00 AM before Judge Beth Labson Freeman. Signed by Judge Beth Labson Freeman on 5/3/2019. (blflc1S, COURT STAFF) (Filed on 5/3/2019)
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Filing 23
ORDER SETTING BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO COMPEL ARBITRATION (granting #20 ). Signed by Judge Beth Labson Freeman on 3/26/2019.(blflc1S, COURT STAFF) (Filed on 3/26/2019)
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| Filing 22 NOTICE of Appearance by Kenneth Dawson Sulzer as Counsel for Defendants Health Carousel, LLC and Health Carousel Travel Network, LLC (Sulzer, Kenneth) (Filed on 3/25/2019) |
| Filing 21 NOTICE of Appearance by Sayaka Karitani as Counsel for Defendants Health Carousel, LLC and Health Carousel Travel Network, LLC (Karitani, Sayaka) (Filed on 3/25/2019) |
| Filing 20 STIPULATION WITH PROPOSED ORDER Joint Stipulated Briefing Schedule for Defendants Motion to Compel Arbitration Pursuant to Civil Local Rule 6-1 filed by Health Carousel Travel Network, LLC, Health Carousel, LLC. (Attachments: #1 Proposed Order Setting Briefing Schedule for Defendants Motion to Compel Arbitration)(Kroll-Rosenbaum, Sarah) (Filed on 3/25/2019) |
| Filing 19 MOTION to Compel Defendants Health Carousel, LLC And Health Carousel Travel Network, LLCs Notice Of Motion And Motion To Compel Arbitration And To Dismiss The Action; Memorandum Of Points And Authorities In Support Thereof filed by Health Carousel Travel Network, LLC, Health Carousel, LLC. Motion Hearing set for 9/26/2019 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 4/5/2019. Replies due by 4/12/2019. (Attachments: #1 Declaration Earl Dalton In Support Of Defendants Motion to Compel Arbitration and to Dismiss the Action, #2 Proposed Order Compelling Arbitration and Dismissing Action)(Kroll-Rosenbaum, Sarah) (Filed on 3/22/2019) |
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Filing 18
ORDER GRANTING #15 STIPULATED REQUEST TO STAY INITIAL CASE MANAGEMENT DEADLINES, AS MODIFIED BY THE COURT. Case Management Statement due by 11/7/2019. Initial Case Management Conference set for 11/14/2019 11:00 AM in San Jose, Courtroom 3, 5th Floor. Signed by Judge Beth Labson Freeman on 3/11/2019. (blflc1S, COURT STAFF) (Filed on 3/11/2019)
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| Filing 17 AMENDED COMPLAINT against All Defendants. Filed byConnie Schwendeman. (Pawlenko, Kye) (Filed on 3/11/2019) |
| Filing 16 EXHIBITS re #15 STIPULATION WITH PROPOSED ORDER Joint Stipulation: (1) Consenting to Plaintiff Filing a First Amended Complaint Adding a PAGA Claim and Dismissing Class and Collective Claims, and (2) Staying Initial Case Management Deadlines (Exhibit 1 - First Amended Complaint) filed byHealth Carousel Travel Network, LLC, Health Carousel, LLC. (Related document(s) #15 ) (Kroll-Rosenbaum, Sarah) (Filed on 3/11/2019) |
| Filing 15 STIPULATION WITH PROPOSED ORDER Joint Stipulation: (1) Consenting to Plaintiff Filing a First Amended Complaint Adding a PAGA Claim and Dismissing Class and Collective Claims, and (2) Staying Initial Case Management Deadlines filed by Health Carousel Travel Network, LLC, Health Carousel, LLC. (Attachments: #1 Proposed Order)(Kroll-Rosenbaum, Sarah) (Filed on 3/11/2019) |
| Filing 14 STIPULATION Joint Stipulation to Extend Time for Defendants to Respond to Complaint Pursuant to Civil Local Rule 6-1 filed by Health Carousel Travel Network, LLC, Health Carousel, LLC. (Kroll-Rosenbaum, Sarah) (Filed on 2/1/2019) |
| Filing 13 SUMMONS Returned Executed by Connie Schwendeman. Health Carousel Travel Network, LLC served on 12/21/2018, answer due 1/11/2019. (Pawlenko, Kye) (Filed on 1/28/2019) |
| Filing 12 SUMMONS Returned Executed by Connie Schwendeman. Health Carousel, LLC served on 12/21/2018, answer due 1/11/2019. (Pawlenko, Kye) (Filed on 1/28/2019) |
| #Electronic filing error. Incorrect event used. [err101]*Re-File as Summons Returned Executed* Please re-file in its entirety. Re: #10 Certificate of Service filed by Co nnie Schwendeman, #11 Certificate of Service filed by Connie Schwendeman (sfbS, COURT STAFF) (Filed on 1/28/2019) |
| Filing 11 *Filing Error* CERTIFICATE OF SERVICE by Connie Schwendeman as to Health Carousel Travel Network, LLC (Pawlenko, Kye) (Filed on 1/25/2019) Modified on 1/28/2019 (sfbS, COURT STAFF). |
| Filing 10 *Filing Error* CERTIFICATE OF SERVICE by Connie Schwendeman as to Health Carousel, LLC (Pawlenko, Kye) (Filed on 1/25/2019) Modified on 1/28/2019 (sfbS, COURT STAFF). |
| Filing 9 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 4/11/2019. Initial Case Management Conference set for 4/18/2019 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.)(tshS, COURT STAFF) (Filed on 1/7/2019) |
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Filing 8
ORDER REASSIGNING CASE. Case reassigned to Judge Beth Labson Freeman pursuant to Clerk's Notice of Impending Reassignment t a U.S. District Court Judge. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins remains as referral judge assigned to case. Reassignment Order signed by Executive Committee on 12/21/2018. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 12/21/2018)
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| Filing 7 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 a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 12/21/2018) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Connie Schwendeman.. (Pawlenko, Kye) (Filed on 12/20/2018) |
| Filing 5 Summons Issued as to Health Carousel Travel Network, LLC, Health Carousel, LLC. (sfbS, COURT STAFF) (Filed on 12/20/2018) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Pilot Program for 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 3/13/2019. Initial Case Management Conference set for 3/20/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 12/20/2018) |
| Filing 3 Case assigned to Judge Nathanael M. Cousins. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/3/2019. (jmlS, COURT STAFF) (Filed on 12/20/2018) |
| Filing 2 Proposed Summons. (Pawlenko, Kye) (Filed on 12/19/2018) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-12942893.). Filed byConnie Schwendeman. (Attachments: #1 Civil Cover Sheet)(Pawlenko, Kye) (Filed on 12/19/2018) |
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