Mendoza v. National Vision, Inc.
Plaintiff: Javier Mendoza
Defendant: National Vision, Inc.
Case Number: 5:2019cv01485
Filed: March 21, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Susan van Keulen
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 27, 2020 Opinion or Order Filing 57 ORDER by Judge Susan van Keulen granting #52 Motion for Final Approval of Class Action and PAGA Settlement and #55 Supplemental Brief. (svklc2S, COURT STAFF) (Filed on 10/27/2020)
October 27, 2020 Opinion or Order Filing 56 Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Motion For Settlement Hearing held on 10/27/2020 via Zoom.The Court adopts the proposed order; settlement accepted; order to issue.Total Time in Court: 10:02am-10:08am (6 mins). Court Reporter: Irene Rodriguez via Zoom. Plaintiff Attorney: Larry Lee via Zoom. Defendant Attorney: Coby Turner via Zoom. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Date Filed: 10/27/2020)
October 21, 2020 Opinion or Order APPEARANCE INSTRUCTIONS FOR 10/27/20 MOTION HEARING BEFORE MAGISTRATE JUDGE SUSAN VAN KEULEN. 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/svk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that p hotographing, 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/. (jhfS, COURT STAFF) (Filed on 10/21/2020)
October 14, 2020 Opinion or Order #Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: #55 Supplemental Brief, filed by Javier Men doza (dhmS, COURT STAFF) (Filed on 10/14/2020)
October 13, 2020 Opinion or Order Filing 55 Supplemental Brief in Support of #52 Motion for Final Approval of Class Action and PAGA Settlement filed byJavier Mendoza. (Attachments: #1 Supplemental Declaration, #2 Supplemental Declaration, #3 Amended Proposed Order)(Lee, Larry) (Filed on 10/13/2020) Modified on 10/14/2020 linking entry to document #52 (dhmS, COURT STAFF).
September 8, 2020 Opinion or Order Filing 54 ORDER by Judge Susan van Keulen granting #53 Stipulation re: Additional Class Member Notice and Final Approval Hearing. Motion Hearing set for 10/27/2020 10:00 AM before Magistrate Judge Susan van Keulen. (svklc2S, COURT STAFF) (Filed on 9/8/2020)
September 4, 2020 Opinion or Order Filing 53 STIPULATION WITH PROPOSED ORDER re Additional Class Member Notice and Final Approval Hearing filed by National Vision, Inc.. (Attachments: #1 Proposed Order)(Turner, Coby) (Filed on 9/4/2020)
August 11, 2020 Opinion or Order Filing 52 MOTION for Settlement PLAINTIFFS NOTICE OF MOTION AND MOTION FOR FINAL APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed by Javier Mendoza. Motion Hearing set for 9/15/2020 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 8/25/2020. Replies due by 9/1/2020. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Proposed Order)(Lee, Larry) (Filed on 8/11/2020)
May 8, 2020 Opinion or Order Filing 51 THIRD AMENDED COMPLAINT against National Vision, Inc.. Filed by Javier Mendoza. (Lee, Larry) (Filed on 5/8/2020) Modified on 5/8/2020 (cv, COURT STAFF).
April 30, 2020 Opinion or Order Filing 50 ORDER GRANTING #48 PLAINTIFF'S UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. Signed by Judge Susan van Keulen on 04/30/2020.Final Approval and Fairness Hearing set for 09/15/2020 at 10:00 AM. The hearing set for 05/19/2020 is VACATED. ***Dkt. #49 posted in error.***(jhfS, COURT STAFF) (Filed on 4/30/2020)
April 29, 2020 Opinion or Order Filing 49 ***POSTED IN ERROR*** ORDER GRANTING #48 PLAINTIFF'S UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. Final Approval and Fairness Hearing set for 09/15/2020 at 10:00 AM. The hearing set for 05/19/2020 is VACATED. Signed by Judge Susan van Keulen on 04/29/2020. (svklc2S, COURT STAFF) (Filed on 4/29/2020) Modified on 4/30/2020 (jhfS, COURT STAFF).
April 14, 2020 Opinion or Order Filing 48 MOTION for Settlement PLAINTIFFS NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION AND PAGA SETTLEMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed by Javier Mendoza. Motion Hearing set for 5/19/2020 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 4/28/2020. Replies due by 5/5/2020. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Proposed Order)(Lee, Larry) (Filed on 4/14/2020)
March 13, 2020 Opinion or Order Filing 47 ORDER granting #46 Stipulation re: Anticipated Settlement and Motion for Preliminary Approval of Class and PAGA Settlement. Signed by Judge Susan van Keulen on 3/13/2020. (svklc2S, COURT STAFF) (Filed on 3/13/2020)
March 12, 2020 Opinion or Order Filing 46 STIPULATION WITH PROPOSED ORDER STIPULATION AND [PROPOSED] ORDER RE: ANTICIPATED SETTLEMENT AND MOTION FOR PRELIMINARY APPROVAL OF CLASS AND PAGA SETTLEMENT filed by Javier Mendoza. (Attachments: #1 Proposed Order)(Lee, Larry) (Filed on 3/12/2020)
March 10, 2020 Opinion or Order Filing 45 PDF with attached Audio File. Court Date & Time [ 3/10/2020 9:31:14 AM ]. File Size [ 3608 KB ]. Run Time [ 00:07:31 ]. (courtspeak).
March 10, 2020 Opinion or Order Filing 44 Minute Entry for proceedings held before Magistrate Judge Susan van Keulen:Initial Case Management Conference held on 3/10/2020.Parties to submit a stipulation setting out case schedule by 3/13/20. Plaintiff Attorney: Bernard James Fitzpatrick and Max Gavron. Defendant Attorney: Phillip Ebsworth appearing via Court Call. (This is a text-only entry generated by the court. There is no document associated with this entry.) FTR Time: 9:31am-9:38am.(jhfS, COURT STAFF) (Date Filed: 3/10/2020)
March 4, 2020 Opinion or Order Filing 43 CLERK'S NOTICE: The Court is in receipt of the parties joint status conference statement dated 3/3/2020. The status conference on March 10, 2020 will proceed, and the parties should be prepared to inform the Court, in detail, as to the specific facts and dates that support the request for a 90 day extension to either file a dismissal or a further status report. The motions to appear by telephone are GRANTED. Counsel must contact CourtCall at 1-866-582-6878 to arrange for their telephonic appearances. (This is a text-only entry generated by the court. There is no document associated with this entry.) (svklc2S, COURT STAFF) (Filed on 3/4/2020)
March 3, 2020 Opinion or Order Filing 42 MOTION to Appear by Telephone at Case Management Conference filed by National Vision, Inc.. (Attachments: #1 Proposed Order)(Ebsworth, Phillip) (Filed on 3/3/2020)
March 3, 2020 Opinion or Order Filing 41 MOTION to Appear by Telephone filed by Javier Mendoza. (Attachments: #1 Proposed Order)(Gavron, Max) (Filed on 3/3/2020)
March 3, 2020 Opinion or Order Filing 40 STATUS REPORT , Joint, Post-Mediation, Notice of Settlement, and Request to Vacate Dates and Deadlines by National Vision, Inc.. (Attachments: #1 Proposed Order)(Ebsworth, Phillip) (Filed on 3/3/2020)
November 18, 2019 Opinion or Order Filing 39 ORDER SETTING CASE MANAGEMENT CONFERENCE Re: Dkt. No. #38 . Joint Case Management Statement due by 3/3/2020. Case Management Conference set for 3/10/2020 09:30 AM. Signed by Judge Susan van Keulen on 11/18/19. (cfeS, COURT STAFF) (Filed on 11/18/2019)
November 15, 2019 Opinion or Order Filing 38 STATUS REPORT Joint by National Vision, Inc.. (Ebsworth, Phillip) (Filed on 11/15/2019)
August 16, 2019 Opinion or Order Filing 37 NOTICE of Change In Counsel by Julie Grace Yap (Withdrawal of Appearance) (Yap, Julie) (Filed on 8/16/2019)
August 16, 2019 Opinion or Order Filing 36 NOTICE of Appearance by Coby Marie Turner (Turner, Coby) (Filed on 8/16/2019)
August 16, 2019 Opinion or Order Filing 35 NOTICE of Appearance by Michael Warner Kopp (Kopp, Michael) (Filed on 8/16/2019)
August 6, 2019 Opinion or Order Filing 34 PDF with attached Audio File. Court Date & Time [ 8/6/2019 9:34:44 AM ]. File Size [ 5208 KB ]. Run Time [ 00:10:51 ]. (courtspeak).
August 6, 2019 Opinion or Order Filing 33 ORDER re #30 STIPULATION WITH PROPOSED ORDER Staying All Proceedings filed by National Vision, Inc. By November 15, 2019, the Parties shall submit a joint status report regardingthe Parties' preparations for mediation. Signed by Judge Susan van Keulen on 8/6/19. (dmcS, COURT STAFF) (Filed on 8/6/2019)
August 6, 2019 Opinion or Order Filing 32 Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Status Conference held on 8/6/2019. Court to issue a written order. FTR Time: 9:34-9:45. Plaintiff Attorney: Max Gavron. Defendant Attorney: Julie Grace Yap. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmcS, COURT STAFF) (Date Filed: 8/6/2019)
August 2, 2019 Opinion or Order Filing 31 CLERK'S NOTICE: The Court has received the Parties' joint stipulation to stay the case pending mediation ECF #30 and requests that the Parties appear for a telephonic status conference Tuesday, August 6, 2019 at 9:30 a.m. Counsel is instructed to contact CourtCall at 1-866-582-6878 to arrange for Telephonic Appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmcS, COURT STAFF) (Filed on 8/2/2019)
August 1, 2019 Opinion or Order Filing 30 STIPULATION WITH PROPOSED ORDER Staying All Proceedings filed by National Vision, Inc.. (Attachments: #1 Proposed Order)(Tran, Tiffany) (Filed on 8/1/2019)
July 22, 2019 Opinion or Order Filing 29 SECOND AMENDED COMPLAINT against National Vision, Inc.. Filed by Javier Mendoza. (Lee, Larry) (Filed on 7/22/2019) Modified on 7/22/2019 (cv, COURT STAFF).
July 19, 2019 Opinion or Order Filing 28 CLERK'S NOTICE Setting Initial Case Management Conference. Initial Case Management Conference set for 9/24/2019 09:30 AM. Case Management Statement due by 9/17/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmcS, COURT STAFF) (Filed on 7/19/2019)
July 19, 2019 Opinion or Order Filing 27 ORDER re: #26 STIPULATION FOR AN ORDER PERMITTING LEAVE TO FILE SECOND AMENDED COMPLAINT. Signed by Judge Susan van Keulen on 7/19/2019. (dmcS, COURT STAFF) (Filed on 7/19/2019)
July 18, 2019 Opinion or Order Filing 26 STIPULATION WITH PROPOSED ORDER Permitting Leave to File Second Amended Complaint filed by National Vision, Inc.. (Attachments: #1 Proposed Order)(Tran, Tiffany) (Filed on 7/18/2019)
July 8, 2019 Opinion or Order Filing 25 ORDER by Judge Susan van Keulen DENYING #16 Motion to Remand and CONTINUING Initial Case Management Conference. Case Management Statement due by 7/30/2019. Initial Case Management Conference set for 8/6/2019 09:30 AM in San Jose, Courtroom 6, 4th Floor. (svklc2S, COURT STAFF) (Filed on 7/8/2019)
June 17, 2019 Filing 24 CLERK'S NOTICE RESETTING Initial Case Management Conference. Initial Case Management Conference is hereby reset to 7/23/2019 09:30 AM. Case Management Statement due by 7/16/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmcS, COURT STAFF) (Filed on 6/17/2019)
June 13, 2019 Filing 23 Certificate of Interested Entities by Javier Mendoza (Gavron, Max) (Filed on 6/13/2019)
June 4, 2019 Filing 22 PDF with attached Audio File. Court Date & Time [ 6/4/2019 10:01:16 AM ]. File Size [ 6456 KB ]. Run Time [ 00:13:27 ]. (courtspeak).
June 4, 2019 Filing 21 Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Motion Hearing held on 6/4/2019 re #16 MOTION to Remand filed by Javier Mendoza. Court takes matter under submission. Court to File Order. FTR Time: 10:01-10:14. Plaintiff Attorney: Max William Gavron. Defendant Attorney: Julie Grace Yap. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmcS, COURT STAFF) (Date Filed: 6/4/2019)
June 4, 2019 Filing 20 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant, National Vision, Inc. (Tran, Tiffany) (Filed on 6/4/2019)
June 4, 2019 Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff Javier Mendoza (Fitzpatrick, Bernard) (Filed on 6/4/2019)
May 9, 2019 Filing 18 REPLY (re #16 MOTION to Remand ) filed byJavier Mendoza. (Attachments: #1 Request for Judicial Notice)(Lee, Larry) (Filed on 5/9/2019)
May 2, 2019 Filing 17 OPPOSITION/RESPONSE (re #16 MOTION to Remand ) filed byNational Vision, Inc.. (Attachments: #1 Declaration of Rey Aguilar in Support of National Vision, Inc.'s Opposition to Plaintiff's Motion to Remand, #2 Request for Judicial Notice in Opposition to Motion to Remand)(Ebsworth, Phillip) (Filed on 5/2/2019)
April 18, 2019 Filing 16 MOTION to Remand filed by Javier Mendoza. Motion Hearing set for 6/4/2019 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 5/2/2019. Replies due by 5/9/2019. (Attachments: #1 Declaration, #2 Proposed Order)(Lee, Larry) (Filed on 4/18/2019)
April 10, 2019 Filing 15 CERTIFICATE OF SERVICE by National Vision, Inc. re #1 Notice of Removal, (Yap, Julie) (Filed on 4/10/2019)
April 5, 2019 Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Vision, Inc... (Ebsworth, Phillip) (Filed on 4/5/2019)
April 4, 2019 Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Javier Mendoza.. (Lee, Larry) (Filed on 4/4/2019)
April 4, 2019 Filing 12 NOTICE of Appearance by Max William Gavron (Gavron, Max) (Filed on 4/4/2019)
March 29, 2019 Filing 11 NOTICE of Appearance by Phillip James Ebsworth (Ebsworth, Phillip) (Filed on 3/29/2019)
March 29, 2019 Filing 10 NOTICE of Appearance by Tiffany T Tran (Tran, Tiffany) (Filed on 3/29/2019)
March 28, 2019 Filing 9 STIPULATION to Extend Responsive Pleading Deadline filed by National Vision, Inc.. (Yap, Julie) (Filed on 3/28/2019)
March 28, 2019 Filing 8 NOTICE of Appearance by Larry W Lee (Lee, Larry) (Filed on 3/28/2019)
March 22, 2019 Filing 7 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 6/ 18/2019. Initial Case Management Conference set for 6/25/2019 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 3/22/2019)
March 22, 2019 Filing 6 CERTIFICATE OF SERVICE by National Vision, Inc. re #1 Notice of Removal, #2 Certificate of Interested Entities (Yap, Julie) (Filed on 3/22/2019)
March 22, 2019 Filing 5 NOTICE of Appearance by Charles Swanston (Swanston, Charles) (Filed on 3/22/2019)
March 22, 2019 Filing 4 NOTICE of Appearance by Bernard James Fitzpatrick (Fitzpatrick, Bernard) (Filed on 3/22/2019)
March 22, 2019 Filing 3 Case assigned to Magistrate Judge Susan van Keulen. 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 4/5/2019. (haS, COURT STAFF) (Filed on 3/22/2019)
March 21, 2019 Filing 2 Certificate of Interested Entities by National Vision, Inc. identifying Corporate Parent National Vision, Inc. for National Vision, Inc.. (Yap, Julie) (Filed on 3/21/2019)
March 21, 2019 Filing 1 NOTICE OF REMOVAL Defendant National Vision, Inc.s Notice Of Removal Of Civil Action To The United States District Court from Monterey Superior Court. Their case number is Defendant National Vision, Inc.s Corporate Disclosure Statement. (Filing fee $400 receipt number 0971-13192850). Filed byNational Vision, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Defendant National Vision, Inc.s Corporate Disclosure Statement)(Yap, Julie) (Filed on 3/21/2019)

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Plaintiff: Javier Mendoza
Represented By: Nicholas Rosenthal
Represented By: Bernard James Fitzpatrick
Represented By: Max William Gavron
Represented By: Kristen Michelle Agnew
Represented By: Larry W Lee
Represented By: Charles Swanston
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Defendant: National Vision, Inc.
Represented By: Julie Grace Yap
Represented By: Phillip James Ebsworth
Represented By: Tiffany T Tran
Represented By: Coby Marie Turner
Represented By: Michael Warner Kopp
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