Patricia Barreras v. Wells Fargo Bank, N.A. et al
| Patricia Barreras and Jacqueline F. Ibarra |
| Wells Fargo Bank N.A and Does 1 through 50, inclusive |
| Kirk E Fyson |
| 5:2021cv00071 |
| January 6, 2021 |
| US District Court for the Northern District of California |
| Virginia K DeMarchi |
| Beth Labson Freeman |
| Joseph C Spero |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 3, 2022. A more recent docket listing may be available from PACER.
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Filing 141
MANDATE of USCA as to #136 Notice of Appeal to the Ninth Circuit filed by Kirk E. Fyson. The judgment of this Court, entered October 12, 2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (bw, COURT STAFF) (Filed on 11/3/2022)
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Filing 140
USCA Memorandum - AFFIRMED as to #136 Notice of Appeal to the Ninth Circuit filed by Kirk E Fyson (jml, COURT STAFF) (Filed on 10/12/2022)
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Filing 139
ORDER of USCA as to #136 Notice of Appeal to the Ninth Circuit filed by Kirk E Fyson. Filed order. The motion to assign this appeal to this panel as a comeback to appeal No. 18-55626 and to expedite (Docket Entry No. #5 ) is granted. We sua sponte expedite briefing. The opening brief is due August 8, 2022. The answering briefs are due August 31, 2022. The optional reply brief is due within 14 days after service of the answering briefs. No streamlined extensions of time to file a brief will be approved. See 9th Cir. R. 31-2.2(a)(1). No written request for an extension of time to file a brief will be approved absent exceptional and unforeseen circumstances. If necessary, the court will schedule oral argument by separate order. (bw, COURT STAFF) (Filed on 7/18/2022)
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Filing 138
USCA Case Number 22-15694 USCA for #136 Notice of Appeal to the Ninth Circuit filed by Kirk E Fyson. (bw, COURT STAFF) (Filed on 5/9/2022)
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Filing 137
USCA Scheduling Order. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Kirk E. Fyson Mediation Questionnaire due on 05/13/2022. Transcript ordered by 06/06/2022. Transcript due 07/05/2022. Appellant Kirk E. Fyson opening brief due 08/15/2022. Appellees Patricia Barreras, Jacqueline F. Ibarra, James C. Kang, Michael Moses and Wells Fargo Bank, N.A. answering brief due 09/15/2022. Appellant's optional reply brief is due 21 days after service of the answering brief as to #136 Notice of Appeal to the Ninth Circuit filed by Kirk E Fyson. (bw, COURT STAFF) (Filed on 5/9/2022)
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Filing 136
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Kirk E Fyson. (Appeal fee of $505 receipt number ACANDC-17143713 paid.) (Swidler, Justin) (Filed on 5/4/2022)
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Filing 135
JUDGMENT. Signed by Judge Beth Labson Freeman on 4/18/2022. (blflc1, COURT STAFF) (Filed on 4/18/2022)
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Filing 134
STATUS REPORT RE IBARRA DISTRIBUTION; STIPULATION AND ORDER (approving #123 in Case 5:17-cv-06220-BLF). Signed by Judge Beth Labson Freeman on 12/8/2021. (blflc1, COURT STAFF) (Filed on 12/8/2021)
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Filing 133
ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT; GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND EXPENSES; AND ADDRESSING OBJECTION OF CLASS MEMBER KIRK E. FYSON. Signed by Judge Beth Labson Freeman on 12/8/2021. (blflc1, COURT STAFF) (Filed on 12/8/2021)
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Filing 132
NOTICE of Legal Authorities Regarding Mandate Argument by Kirk E Fyson (Attachments: #1 ATSA of California, Inc. v. Continental Ins. Co., 754 F.2d 1394 (9th Cir. 1985), #2 Litman v. Massachusetts Mut. Life Ins. Co., 825 F.2d 1506 (11th Cir. 1987), #3 CBS Broadcasting, Inc., et al. v. Echostar Communications Corp., et al., 472 F.Supp.2d 1367 (S.D. Fla. 2006))(Swidler, Justin) (Filed on 9/23/2021) Modified on 9/24/2021 (jmlS, COURT STAFF).
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Filing 131
ORDER DENYING #125 MOTION TO INTERVENE. Signed by Judge Beth Labson Freeman on 9/14/2021. (blflc1S, COURT STAFF) (Filed on 9/14/2021) Modified on 9/14/2021 (blflc1S, COURT STAFF).
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Filing 130
Supplemental Brief in Support of Objections and Motion to Intervene filed byKirk E Fyson. (Swidler, Justin) (Filed on 8/13/2021)
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Filing 129
ORDER RE PENDING MOTIONS AND REQUESTS. Signed by Judge Beth Labson Freeman on 8/6/2021. (blflc1S, COURT STAFF) (Filed on 8/6/2021)
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Filing 128
MOTION to Enforce Judgment and Mandate filed by Kirk E Fyson. Motion Hearing set for 9/2/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 8/18/2021. Replies due by 8/25/2021. (Attachments: #1 Proposed Order)(Swidler, Justin) (Filed on 8/4/2021)
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Filing 127
MOTION for Leave to File Supplemental Memorandum of Points and Authorities in Support of his Objection and Motion to Intervene filed by Kirk E Fyson. (Attachments: #1 Exhibit Supplemental Memorandum of Points and Authorities, #2 Proposed Order)(Swidler, Justin) (Filed on 8/2/2021)
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Filing 126
REPLY (re #125 MOTION to Intervene ) filed byKirk E Fyson. (Swidler, Justin) (Filed on 7/23/2021)
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Filing 125
MOTION to Intervene filed by Kirk E Fyson. Responses due by 7/16/2021. Replies due by 7/23/2021. (Attachments: #1 Exhibit Demonstrative Exhibit Showing Class Members who Lose Money, #2 Proposed Order)(Swidler, Justin) (Filed on 7/2/2021)
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Filing 124
ORDER GRANTING #123 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE (re attorney Marc A. Silverman). Signed by Judge Beth Labson Freeman on 6/17/2021. (blflc1S, COURT STAFF) (Filed on 6/17/2021)
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Filing 123
MOTION for leave to appear in Pro Hac Vice of Marc A. Silverman ( Filing fee $ 317, receipt number 0971-16081441.) filed by Kirk E Fyson. (Silverman, Marc) (Filed on 6/16/2021)
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Filing 122
OBJECTIONS to re #117 Notice (Other) by Kirk E Fyson. (Attachments: #1 Declaration Ex. 1 - Declaration of Kirk Fyson, #2 Exhibit Ex. 2)(Swidler, Justin) (Filed on 6/15/2021)
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Filing 121
ORDER GRANTING #119 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE (re attorney Robert D. Soloff). Signed by Judge Beth Labson Freeman on 6/15/2021. (blflc1S, COURT STAFF) (Filed on 6/15/2021)
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Filing 120
ORDER GRANTING #118 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE (re attorney Justin L. Swidler). Signed by Judge Beth Labson Freeman on 6/15/2021. (blflc1S, COURT STAFF) (Filed on 6/15/2021)
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Filing 119
MOTION for leave to appear in Pro Hac Vice of Robert D. Soloff ( Filing fee $ 317, receipt number 0971-16078455.) filed by Kirk E Fyson. (Attachments: #1 Exhibit Certificate of Good Standing)(Soloff, Robert) (Filed on 6/15/2021)
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Filing 118
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16077146.) Filing fee previously paid on 6/15/21 filed by Kirk E Fyson. (Swidler, Justin) (Filed on 6/15/2021)
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Filing 117
NOTICE by Kirk E Fyson OF OBJECTION TO PROPOSED CLASS SETTLEMENT (Gray, Nancy) (Filed on 6/15/2021)
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Filing 116
OBJECTIONS to PROPOSED CLASS SETTLEMENT by Kirk E Fyson. (Gray, Nancy) (Filed on 6/14/2021)
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Filing 115
CLERK'S NOTICE RESETTING FINAL APPROVAL HEARING. Final Approval Hearing set for 9/15/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 4/12/2021)
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Filing 114
STIPULATION AND ORDER TO MOVE DATE ON HEARING ON MOTIONS FOR FINAL APPROVAL AND ATTORNEYS' FEES AND EXPENSES. Signed by Judge Beth Labson Freeman on 4/6/2021. Associated Cases: 5:17-cv-06220-BLF, 5:21-cv-00071-BLF(blflc1S, COURT STAFF) (Filed on 4/6/2021)
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Filing 113
ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. Signed by Judge Beth Labson Freeman on 4/1/2021. Associated Cases: 5:17-cv-06220-BLF, 5:21-cv-00071-BLF(blflc1S, COURT STAFF) (Filed on 4/1/2021) Modified on 4/1/2021 (blflc1S, COURT STAFF).
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Filing 112
Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held by Zoom on 3/18/2021. re (96 in 5:17-cv-06220-BLF) MOTION for Settlement Preliminary Approval of proposed class action settlement filed by James C Kang, Michael Moses Motion for Final Approval Hearing set for 9/16/2021 09:00 AM in San Jose, - Videoconference Only before Judge Beth Labson Freeman.Total Time in Court: 45 minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Joshua Haffner, Paul Stevens, Eileen Goldsmith. Defendant Attorney: Thomas Kaufman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Date Filed: 3/18/2021)
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Filing 111
ORDER APPROVING STIPULATION TO CONSOLIDATE CASES. Signed by Judge Beth Labson Freeman on 3/12/2021. (blflc1S, COURT STAFF) (Filed on 3/12/2021)
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Filing 110
CLERKS NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR HEARING. Motion Hearing set for 3/18/2021 09:00 AM before Judge Beth Labson Freeman 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/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identifi ed by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than March 16, 2021 at 2:00 PM PST.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/. (This is a text-only entry generated by the court. There is no document associated with t his entry.) (tshS, COURT STAFF) (Filed on 3/11/2021)
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Filing 109
ORDER RE ISSUE TO BE ADDRESSED AT MARCH 18, 2021 HEARING. Signed by Judge Beth Labson Freeman on 3/10/2021. (blflc1S, COURT STAFF) (Filed on 3/10/2021)
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Filing 108
ORDER GRANTING PARTIES' REQUEST TO ADVANCE HEARING ON PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. Motion Hearing set for 3/18/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Signed by Judge Beth Labson Freeman on 3/1/2021. (blflc1S, COURT STAFF) (Filed on 3/1/2021)
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Filing 107
Certificate of Interested Entities by Jacqueline F. Ibarra (Stevens, Paul) (Filed on 2/15/2021)
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Filing 106
ORDER GRANTING PARTIES' REQUEST TO VACATE CASE MANAGEMENT CONFERENCE SET FOR FEBRUARY 11, 2020; AND SETTING DEADLINE OF FEBRUARY 26, 2021 FOR PRELIMINARY APPROVAL MOTION OR STATUS REPORT. Preliminary Approval Motion or Status Report due by 2/26/2021. Signed by Judge Beth Labson Freeman on 2/9/2021. (blflc1S, COURT STAFF) (Filed on 2/9/2021)
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Filing 105
CLERKS NOTICE CONVERTING CASE MANAGMENT CONFERENCE TO ZOOM WEBINAR. Initial Case Management Conference set for 2/11/2021 11:00 AM before Judge Beth Labson Freeman 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/blf Court Appearances: Advanced notice is required of counsel or parties wh o wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than February 10, 2021 2:00 PM PST.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/. (This is a text-only entry generated by the court. There is no docume nt associated with this entry.) (tshS, COURT STAFF) (Filed on 2/8/2021)
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Filing 104
CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 2/4/2021. Initial Case Management Conference set for 2/11/2021 11:00 AM in San Jose, - To be determined. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 1/11/2021)
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Filing 103
ORDER REASSIGNING CASE. Case reassigned to Judge Beth Labson Freeman for all further proceedings re #107 . 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 Joseph C. Spero no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 1/8/2021)
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Filing 102
ORDER GRANTING UNOPPOSED ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED; AND SETTING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 2/11/2021 11:00 AM in San Jose, Courtroom 3, 5th Floor. Signed by Judge Beth Labson Freeman on 1/7/2021. (blflc1S, COURT STAFF) (Filed on 1/7/2021)
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Filing 101
NOTICE of Appearance by Eileen B. Goldsmith (Goldsmith, Eileen) (Filed on 1/7/2021)
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Filing 100
NOTICE of Appearance by Michael Rubin (Rubin, Michael) (Filed on 1/7/2021)
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Filing 99
NOTICE of Change In Counsel by Jason Patrick Brown Jason P. Brown's Notice of Change of Counsel of Record for Wells Fargo Bank, N.A. (Brown, Jason) (Filed on 1/7/2021)
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Filing 98
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 4/2/2021 . Initial Case Management Conference set for 4/9/2021 02:00 PM. (mclS, COURT STAFF) (Filed on 1/6/2021)
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Filing 97
Case transferred in from District of California Central; Case Number 2:17-cv-04344. Original file certified copy of transfer order and docket sheet received.
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Filing 96
ORDER TRANSFERRING ACTION TO THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA by Judge Percy Anderson: Upon Stipulation #95 , the Court hereby TRANSFERS this action to the United States District Court for the Northern District of California. See document for further details. Case electronically transferred. (MD JS-6. Case Terminated.) (gk)
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Filing 95
STIPULATION to Transfer Case to Northern District filed by Plaintiff Jacqueline F. Ibarra. (Attachments: #1 Proposed Order Transferring Action to the U.S District Court For The Northern District of California)(Haffner, Joshua)
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Filing 94
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE by Judge Percy Anderson. The Court orders the parties, on or before December 18, 2020, to notify the Court as to why the Court should not either transfer this case to the Northern District of California or lift the stay. The failure to respond to this order by this deadline may result in sanctions, including but not limited to dismissal of this action. (See document for details) (mrgo)
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Filing 93
STATUS REPORT filed by Plaintiff Jacqueline F. Ibarra. (Stevens, Paul)
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Filing 92
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: COURT ORDER. The Court has received the parties Notice of Settlement. (Dkt. No. 91.) SEE DOCUMENT FOR FURTHER INFORMATION. ( Settlement negotiations due by 12/4/2020.) (twdb)
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Filing 91
NOTICE of Settlement filed by Plaintiff Jacqueline F. Ibarra. (Haffner, Joshua)
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Filing 90
ORDER RE: PAYMENT OF JUDGMENT TO CLASS MEMBERS by Judge Percy Anderson. After consideration of the Parties' July 2, 2020 report concerning compliance with the Ninth Circuit's order for payment of a portion of the judgment pending resolution of the Ferra case pending in the California Supreme Court, the Court finds the proposals in the report supported by good cause and, IT IS HEREBY ORDERED as follows: (see document for details). (mrgo)
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Filing 89
NOTICE OF LODGING filed NOTICE OF LODGING [PROPOSED] ORDER RE: PAYMENT OF JUDGMENT TO CLASS MEMBERS re Minutes of In Chambers Order/Directive - no proceeding held,, #86 (Attachments: #1 Proposed Order)(Kaufman, Thomas)
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Filing 87
Notice of Appearance or Withdrawal of Counsel: for attorney Jason Patrick Brown counsel for Defendant Wells Fargo Bank, N.A.. Jason P. Brown is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Wells Fargo, N.A.. (Brown, Jason)
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Filing 86
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. On July 2, 2020, the parties filed a Joint Status Report with this Court. (Dkt. No. 85.) The Court has reviewed the parties' Joint Status Report, and accepts the parties proposals set forth in the Joint Status Report. By July 17, 2020, the parties shall submit a proposed order with the Court. In addition, the Court notes that it previously appointed third party administrator CPT Group, Inc. to serve as administrator of the class. (See Dkt. No. 18.) In their proposed order, the parties shall include provisions for the expenses incurred by the class administrator, and how those expenses are to be paid. (mrgo)
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Filing 85
STATUS REPORT JOINT REPORT OF PARTIES FOLLOWING REMAND FROM NINTH CIRCUIT filed by Defendant Wells Fargo Bank, N.A.. (Kaufman, Thomas)
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Filing 84
NOTICE of Change of Attorney Business or Contact Information: for attorney Paul D Stevens counsel for Plaintiff Jacqueline F. Ibarra. Changing Address to 1855 Industrial Street, Suite 518 Los Angeles CA 90021. Filed by Plaintiff Jacqueline F. Ibarra. (Stevens, Paul)
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Filing 88
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #75 filed by Jacqueline F. Ibarra. CCA # 18-56425. Appellant's unopposed motion to stay appellate proceedings is granted. The previously established briefing schedule is vacated. In light of the court's disposition in No. 18-55626, the(9th CCA) Clerk will administratively close this appeal pending the California Supreme Court's decision in Ferra v. Loews Hollywood Hotel, LLC and anticipated further district court proceedings. No mandate will issue in connection with this administrative closure, and this order does not constitute a decision on the merits. (mat)
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Filing 83
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court is in receipt of the Ninth Circuit's Mandate issued on June 1, 2020 #82 .The parties are ordered to meet and confer no later than June 19, 2020, to discuss case management and scheduling issues. Following their meeting, the parties shall file a Joint Status Report no later than July 3, 2020. See minute order for further requirements. (lom)
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Filing 82
MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #55 , USCA Memorandum/Opinion/Order, #80 , CCA # 18-55626. The judgment of this Court, entered April 15, 2020, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (car)
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Filing 81
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #55 filed by Wells Fargo Bank, N.A. CCA # 18-55626. The petitions for rehearing and rehearing en banc are DENIED. (car)
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Filing 80
MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #55 filed by Jacqueline F. Ibarra. CCA # 18-55626. AFFIRMED IN PART AND REMANDED IN PART WITH INSTRUCTIONS. (mrgo) Modified on 6/1/2020 (mrgo).
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Filing 79
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #55 filed by Wells Fargo Bank, N.A.. CCA # 18-55626. The parties are ordered to file briefs addressing whether, in light of the California Supreme Court's grant of review in Ferra v. Loews Hollywood Hotel, LLC, 253 Cal. Rptr. 3d 798 (Ct. App. 2019), this case should be remanded to the district court with instructions to (1) order the payment of the $24,472,114.36 in damages that is owed because Wells Fargo "fail[ed] to provide... employee[s] a... rest... period in accordance with a state law," and that would be the appropriate amount if the remedy tied to employees' "regular rate of compensation" included only hourly pay, see Cal. Lab. Code 226.7(c), and (2) order stayed, pending a decision in Ferra, the remaining $72,812,703.55 in damages that would additionally be owed if the "regular rate of compensation" also included non-hourly pay. (mrgo)
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Filing 78
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #75 filed by Jacqueline F. Ibarra. CCA # 18-55626. The submission of this case is withdrawn pending further updates from the parties on the status of Ferra v. Loews Hollywood Hotel, LLC, No. B283218, 2019 WL 5061494 (Cal. Ct. App. Oct. 9, 2019). The parties shall notify the court within 5 days of any state court developments in Ferra. (mrgo)
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Filing 77
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #75 filed by Jacqueline F. Ibarra. CCA # 18-56425. The appellant's unopposed motion to stay appellate proceedings is granted. The appellant shall file a status report on January 31, 2019 and every 90 days thereafter while appeal No. 18-55626 is pending. The appellant shall notify this court by filing a status report within 7 days of the decision. (mrgo)
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Filing 76
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-56425 assigned to Notice of Appeal to 9th Circuit Court of Appeals #75 as to plaintiff Jacqueline F. Ibarra. (mrgo)
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Filing 75
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Jacqueline F. Ibarra. Appeal of Order on Motion for Attorney Fees,, #74 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-22639714.) (Haffner, Joshua)
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Filing 74
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #62 MOTION for Attorney Fees. For the foregoing reasons, the Motion for an Award of Attorneys' Fees and Costs and Awarding Class Representative Service Award (Docket No. 62) filed by Plaintiff and her counsel is granted in part and denied in part. Plaintiff's counsel are awarded $1,967,253.76 in attorneys' fees and $61,498.50 in nontaxable costs to be paid out of the common fund judgment. Plaintiff is awarded a representative service award in the amount of $10,000 to be paid out of the common fund judgment. (See document for details) (mrgo)
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Filing 73
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, MOTION for Attorney Fees #62 currently set for hearing on October 1, 2018 is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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Filing 72
REPLY in support of NOTICE OF MOTION AND MOTION for Attorney Fees #62 Class Counsels' Reply Re: Motion For An Award of Attorneys' Fees And Costs And Awarding Class Representative Service Award filed by Plaintiff Jacqueline F. Ibarra. (Attachments: #1 Declaration Declaration of Paul D. Stevens In Support of Class Counsels' Reply Re: Motion for An Award of Attorneys' Fees And Costs And Awarding Class Representative Service Award)(Stevens, Paul)
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Filing 71
DECLARATION of Kelsey Skey In Support Of NOTICE OF MOTION AND MOTION for Attorney Fees #62 Declaration of Kelsey Skey re: Comments and Objections to Class Counsels' Motion for Attorney Fees and Costs and Awarding Class Representative Service Award filed by Plaintiff Jacqueline F. Ibarra. (Stevens, Paul)
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Filing 70
DECLARATION of Kelsey Skey re NOTICE OF MOTION AND MOTION for Attorney Fees #62 , Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Motion Hearing and R&R Deadlines #68 Declaration of Kelsey Skey Regarding CPT's Compliance with Court's Order (Docket No. 68) re: Notification Procedure For Notice To The Class of Counsels' Motion For Attorney Fees and Costs Awarding Class Representative Service Award filed by Plaintiff Jacqueline F. Ibarra. (Stevens, Paul)
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Filing 69
OBJECTIONS to Notice (Other) #61 , Declaration #64 Objection to Defendant Wells Fargo, N.A.'s Post-Judgment Filings of Documents Titled Notice of Breakdown on Class Judgment and Declaration of Clayton Reck Authenticating Breakdown on Class Judgment filed by Plaintiff Jacqueline F. Ibarra. (Stevens, Paul)
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Filing 68
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. (Responses due by 9/4/2018. Replies due by 9/17/2018. Motion reset for hearing on 10/1/2018 at 01:30 PM before Judge Percy Anderson.) (See document for details) (mrgo)
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Filing 67
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, MOTION for Attorney Fees #62 currently set for hearing on July 30, 2018 is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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Filing 66
Supplemental BRIEF filed by Plaintiff Jacqueline F. Ibarra. regarding NOTICE OF MOTION AND MOTION for Attorney Fees #62 . (Attachments: #1 Declaration of class Counsel re Supp Brief re Mtn for Fee and Notice, #2 Stipulation re Notice for Motion for Attorney Fees, #3 Exhibit 1 to Stipulation re Notice for Motion for Attorney Fees, #4 Proposed Order re Motion for Notice, #5 Exhibit 1 to [proposed] order)(Haffner, Joshua)
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Filing 65
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson re: NOTICE OF MOTION AND MOTION for Attorney Fees #62 . Under Federal Rule of Civil Procedure 23, "[i]n a certified class action, the court may award reasonable attorney's fees and nontaxable costs that are authorized by law or by the parties' agreement." Fed. R. Civ. P. 23(h). "A claim for an award must be made by motion," and "[n]otice of the motion must be served on all parties and, for motions by class counsel, directed to class members in a reasonable manner." Fed. R. Civ. P. 23(h)(1). "A class member, or a party from whom payment is sought, may object to the motion." Fed. R. Civ. P. 23(h)(2). Here, Plaintiff and class counsel have not stated whether class members were notified of the Motion. Accordingly, the parties are ordered to submit, on or before July 23, 2018, supplementalbriefing explaining how notice was given or explaining why notice was not required. The hearing on the Motion currently set for July 16, 2018 is continued to July 30, 2018 at 1:30 p.m. (mrgo)
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Filing 64
DECLARATION of Clayton Reck Authenticating Breakdown on Class Judgment filed by Defendant Wells Fargo Bank, N.A.. (Kaufman, Thomas)
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Filing 63
BILL OF COSTS. Costs Taxed in amount of $4,097.15 in favor of Plaintiff, Jacqueline Ibarra and against Defendant, Wells Fargo Bank, N.A.. RE: APPLICATION to the Clerk to Tax Costs against defendant Wells Fargo Bank, N.A. #58 (kr)
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Filing 62
NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiff Jacqueline F. Ibarra. Motion set for hearing on 7/16/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Paul D. Stevens ISO Plaintiff's Motion for An Award of Attorneys' Fees and Costs and Awarding Class Representative Service Award, #2 Declaration of Joshua H. Haffner ISO Plaintiff's Motion for Attorneys' Fees and Costs and Awarding Class Representative Service Award, #3 Declaration of Jacqueline F. Ibarra ISO Class Counsel's Motion for Attorneys' Fees and Costs and Awarding Class Representative Service Award, #4 Affidavit Joint Statment Re: Motion For Attorneys' Fees and Nontaxable Costs, #5 Proposed Order Awarding Attorneys' Fees and Costs and Class Representative Service Award) (Stevens, Paul)
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Filing 61
NOTICE of Breakdown on Class Judgment filed by Defendant Wells Fargo Bank, N.A.. (Kaufman, Thomas)
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Filing 60
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #57 MOTION to Stay. In light of Plaintiff's non-opposition to Defendant's motion, Defendant's motion is granted. The Court hereby stays execution of the Court's May 8, 2018 judgment pending Defendant's appeal. Defendant is not required to post a supersedeas bond or deposit the value of the judgment into an escrow account. (mrgo)
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Filing 59
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Stay pending Appeal Without the Posting of a Supersedeas Bond #57 filed by Plaintiff Jacqueline F. Ibarra. (Haffner, Joshua)
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Filing 58
APPLICATION to the Clerk to Tax Costs against defendant Wells Fargo Bank, N.A. filed by Plaintiff Jacqueline F. Ibarra. (Haffner, Joshua)
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Filing 57
NOTICE OF MOTION AND MOTION to Stay pending Appeal Without the Posting of a Supersedeas Bond filed by Defendant Wells Fargo Bank, N.A.. Motion set for hearing on 6/18/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Thomas R. Kaufman in Support of Defendant Wells Fargo Bank, N.A.'s Motion for Stay of Execuiton of Money Judgment Pending Appeal) (Kaufman, Thomas)
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Filing 56
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-55626 assigned to Notice of Appeal to 9th Circuit Court of Appeals #55 as to Defendant Wells Fargo Bank, N.A.. (lom)
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Filing 55
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant Wells Fargo Bank, N.A.. Appeal of Judgment, #51 , Order on Motion for Summary Judgment,,, Order on Motion for Partial Summary Judgment,, #35 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-21756884.) (Attachments: #1 Exhibit A&B)(Kaufman, Thomas)
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Filing 54
NOTICE OF ERRATA filed by Defendant Wells Fargo Bank, N.A.. correcting Notice (Other) #53 DEFENDANT WELLS FARGO BANK N.AS NOTICE OF ERRATA RE NOTICE OF APPEAL AND REPRESENTATION STATEMENT (Kaufman, Thomas)
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Filing 53
NOTICE of Appeal and Representation Statement filed by Defendant Wells Fargo Bank, N.A.. (Kaufman, Thomas)
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Filing 52
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court previously issued an order on the filing of a motion for attorneys' fees. (Docket No. 49.) The Court has now issued its findings of fact and conclusions of law on damages and has entered a judgment. (Docket Nos. 50, 51.) Accordingly, the Court hereby modifies the schedule previously set for the filing of a motion for attorneys' fees. Any motion for attorneys' fees shall be filed by June 18, 2018, and set for a hearing no later than July 23, 2018. In order to facilitate the Court's resolution of any such motion, the Court orders the parties to comply with the following procedures: (see document for details). (mrgo)
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Filing 51
JUDGMENT by Judge Percy Anderson, in favor of Jacqueline F. Ibarra against Wells Fargo Bank, N.A. Related to: Findings of Fact & Conclusions of Law #50 . The Certified Class is awarded $97,284,817.91 in damages; and Plaintiff is entitled to recover her costs of suit. (MD JS-6, Case Terminated). (mrgo)
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Filing 50
FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge Percy Anderson. (See document for details) (mrgo)
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Filing 49
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Any motion for attorneys' fees shall be filed by May 21, 2018, and set for a hearing no later than June 25, 2018. In order to facilitate the Court's resolution of any such motion, the Court orders the parties to comply with the following procedures: (see document for details). (mrgo)
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Filing 48
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The parties have stipulated to the facts on which the Court will award damages and have submitted their Opening and Responsive Trial Briefs, their proposed Findings of Fact and Conclusions of Law, and their responses to each other's Findings of Fact and Conclusions of Law. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that no appearances are necessary, and the Court will conduct the trial in this matter on the papers submitted by the parties. The court trial calendared for April 10, 2018, is vacated, and the matter taken off calendar. The Court will notify the parties once it has rendered a decision. IT IS SO ORDERED. (lom)
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Filing 47
Plaintiffs Response To Defendant Wells Fargo Bank N.As Proposed Findings Of Fact And Conclusions Of Law For Damages Trial filed by Plaintiff Jacqueline F. Ibarra (Haffner, Joshua)
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Filing 46
TRIAL BRIEF Plaintiffs' response Trial Brief re: Classwide Damages filed by plaintff Jacqueline F. Ibarra.. (Attachments: #1 Proposed Order After Trial)(Haffner, Joshua)
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Filing 45
MEMORANDUM of CONTENTIONS of FACT and LAW (DEFENDANT WELLS FARGO BANK N.AS RESPONSE TO PLAINTIFFS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR DAMAGES TRIAL set) filed by Defendant Wells Fargo Bank, N.A.. (Kaufman, Thomas)
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Filing 44
TRIAL BRIEF DEFENDANT WELLS FARGO BANK, N.A.S RESPONSE BRIEF REGARDING PROPER CALCULATION OF CLASSWIDE DAMAGES filed by Defendant Wells Fargo Bank, N.A... (Attachments: #1 Proposed Order [PROPOSED] ORDER AND JUDGMENT)(Kaufman, Thomas)
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Filing 43
BRIEF filed by Plaintiff Jacqueline F. Ibarra. Findings of Fact and Conclusions of Law After Court Trial (Haffner, Joshua)
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Filing 42
TRIAL BRIEF re: Damages filed by Plaintiff Jacqueline F. Ibarra.. (Attachments: #1 Request for Judicial Notice in support of Opening Trial Brief re: Classwide Damages)(Haffner, Joshua)
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Filing 41
DEFENDANT WELLS FARGO BANK N.AS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR DAMAGES TRIAL MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Wells Fargo Bank, N.A.. (Kaufman, Thomas)
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Filing 40
TRIAL BRIEF DEFENDANT WELLS FARGO BANK, N.A.S BRIEF REGARDING PROPER CALCULATION OF CLASSWIDE DAMAGES filed by Defendant Wells Fargo Bank, N.A... (Kaufman, Thomas)
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Filing 39
ORDER APPROVING STIPULATION OF FACTS RE: REMAINING ISSUES FOR TRIAL by Judge Percy Anderson, re Stipulation to Clarify #38 . IT IS HEREBY ORDERED as follows: (see document for details). (mrgo)
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Filing 38
Joint STIPULATION to Clarify STIPULATION OF FACTS RE: REMAINING ISSUES FOR TRIAL filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order)(Kaufman, Thomas)
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Filing 37
ORDER ON JOINT STIPULATION TO CONTINUE PRETRIAL DEADLINES by Judge Percy Anderson, re Stipulation to Continue #36 : The deadline for the parties to produce expert reports shall be continued to February 7, 2018 and to produce any rebuttal report shall be continued to March 6, 2018. Please refer to the Court's order for additional information. (cr)
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Filing 36
Joint STIPULATION to Continue Stipulation for Modified Schedule Involving Damages Discovery andMediation filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order)(Kaufman, Thomas)
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Filing 35
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #26 for Summary Judgment; #27 MOTION for Partial Summary Judgment. For all of the foregoing reasons, Plaintiff is entitled to summary judgment as to liability on her claim for failure to compensate for rest breaks and her derivative UCL claim. Accordingly, Plaintiff's Motion for Partial Summary Judgment (Docket No. 27) is granted, and Defendant's Motion for Classwide Summary Judgment on Certified Claim (Docket No. 26) is denied. (See document for details) (mrgo)
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Filing 34
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, the MOTION FOR SUMMARY JUDGMENT #26 and the MOTION FOR PARTIAL SUMMARY JUDGMENT #27 currently set for hearing on January 22, 2018 is hereby taken under submission and the hearing is VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY
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Filing 33
REPLY in support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment #27 filed by Plaintiff Jacqueline F. Ibarra. (Haffner, Joshua)
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Filing 32
REPLY in support NOTICE OF MOTION AND MOTION for Summary Judgment as to Classwide Summary Judgment on Certified Claims #26 filed by Defendant Wells Fargo Bank, N.A.. (Kaufman, Thomas)
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Filing 31
STATUS REPORT Re Class Notice filed by Plaintiff Jacqueline F. Ibarra. (Attachments: #1 Declaration of Kelsey Sky Regarding CPT's Notification Procedure)(Haffner, Joshua)
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Filing 30
Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Classwide Summary Judgment on Certified Claims #26 Plaintiff's Opposition to Defendant Wells Fargo Bank, N.A.'s Motion for Classwide Summary Judgment filed by Plaintiff Jacqueline F. Ibarra. (Attachments: #1 Plaintiff's Statment of Genuine Disputes, #2 Declaration of Joshua H. Haffner, #3 Plaintiff's Request for Judicial Notice)(Stevens, Paul)
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Filing 29
OPPOSITION re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #27 DEFENDANT WELLS FARGO BANK,.N.A.'S OPPOSITION TO PLAINTIFF'S CROSS-MOTION FOR CLASSWIDE SUMMARY JUDGMENT filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Declaration of Thomas R. Kaufman)(Kaufman, Thomas)
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Filing 28
STATEMENT of WELLS FARGO'S STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF CLASSWIDE SUMMARY JUDGMENT NOTICE OF MOTION AND MOTION for Summary Judgment as to Classwide Summary Judgment on Certified Claims #26 filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order GRANTING DEFENDANTS MOTION FOR CLASSWIDE SUMMARY JUDGMENT)(Kaufman, Thomas)
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Filing 27
NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Plaintiff Jacqueline F. Ibarra. Motion set for hearing on 1/22/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points & Authorities in Support of Motion for Partial Summary Judgment, #2 Plaintiff's Statement of UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT, #3 Declaration In supoort of Motion for Partial Summary Judgment, #4 Proposed Order) (Haffner, Joshua)
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Filing 26
NOTICE OF MOTION AND MOTION for Summary Judgment as to Classwide Summary Judgment on Certified Claims filed by Defendant Wells Fargo Bank, N.A.. Motion set for hearing on 1/22/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Request for Judicial Notice ISO Defendant's Motion for Classwide Summary Judgment) (Kaufman, Thomas)
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Filing 25
STIPULATED FACTS OF THE PARTIES FOR USE IN CROSS-MOTIONS FOR CLASSWIDE SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT filed by Defendant Wells Fargo Bank, N.A. (Attachments: #1 Exhibit A through I)(Kaufman, Thomas)
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Filing 24
ORDER by Judge Percy Anderson, re Stipulation for Discovery #23 . The Court having reviewed and considered the Parties' Stipulation, hereby approves the stipulation and orders as follows: 1. The deadline for Wells Fargo to produce class-wide payroll and timekeeping records to Plaintiff's counsel shall be December 15, 2017. 2. The deadline for the parties to disclose their respective economic expert for damages calculation and provide a report shall be continued to January 31, 2018. 3. The parties shall complete depositions of the experts by February 26, 2018. 4. All other trial and pre-trial dates in the scheduling order will remain in place. (mrgo)
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Filing 23
Joint STIPULATION for Discovery as to STIPULATION FOR MODIFIED SCHEDULE INVOLVING DAMAGES DISCOVERY filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order)(Kaufman, Thomas)
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Filing 22
Pursuant to Local Rule 5-4.3.1, documents filed electronically must be submitted in Portable Document Format ("PDF"), created using word-processing software, and published to PDF from the original word-processing file to permit the electronic version of the document to be searched. Other than signature pages, PDF IMAGES CREATED BY SCANNING PAPER DOCUMENTS ARE PROHIBITED. Violation of Local Rule 5-4.3.1 may result in the striking of the offending document and the imposition of monetary or other sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
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Filing 21
ORDER GRANTING STIPULATION AND MOTION FOR AN ORDER APPROVING CLASS NOTICE by Judge Percy Anderson, re Stipulation for Order #20 . IT IS ORDERED that: The proposed notice is the best notice practicable under the circumstances here and the Court approves the proposed class notice. See Fed. R.Civ. P. 23(c)(2)(B). (See document for further details) (mrgo)
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Filing 20
Joint STIPULATION for Order approving class notice filed by Plaintiff Jacqueline F. Ibarra. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Haffner, Joshua)
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Filing 19
NOTICE JOINT NOTICE OF SELECTION OF PRIVATE MEDIATOR filed by Plaintiff Patricia Barreras, Jacqueline F. Ibarra. (Stevens, Paul)
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Filing 18
ORDER GRANTING JOINT MOTION STIPULATING TO CLASS CERTIFICATION OF PLAINTIFFS REST BREAK CLAIMS AND BRIEFING SCHEDULE FOR RULE 56 MOTION(S) by Judge Percy Anderson, re Stipulation to Certify, #17 . THE COURT HEREBY SETS THE FOLLOWING BRIEFING SCHEDULE FOR MOTION(S) FOR SUMMARY JUDGMENT UNDER F.R.C.P. RULE 56: a. The parties shall submit proposed class notice on or before August 21, 2017; b. The Parties may file their respective Rule 56 Motions on or before November 10, 2017; c. The Parties may file their respective Oppositions on or before December 5, 2017; d. The Parties may file their respective Replies on or before December 19, 2010. e. The hearing on the motion shall be set for January 22, 2018 at 1:30 p.m. in Courtroom 9A. (mrgo)
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Filing 17
Joint STIPULATION to Certify AMENDED JOINT MOTION STIPULATING TO CLASS CERTIFICATION OF PLAINTIFFS REST BREAK CLAIMS AND BRIEFING SCHEDULE FOR RULE 56 MOTION(S filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order)(Kaufman, Thomas)
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Filing 16
Joint STIPULATION to Certify JOINT STIPULATION TO CLASS CERTIFICATION OF PLAINTIFF'S REST BREAK CLAIMS AND BRIEFING SCHEDULE FOR RULE 56 MOTION(S) filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order)(Kaufman, Thomas)
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Filing 15
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson: Please refer to the Court's order for specifics. (cr)
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Filing 14
PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Percy Anderson. (mrgo)
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Filing 13
(IN CHAMBERS) ORDER by Judge Percy Anderson: The Court has received the parties joint 26(f) report and finds that a scheduling conference is notnecessary. Dates set by the Court in this action are listed in the "Schedule of Trial and Pretrial Dates" attached to this order. The dates set by the Court are firm dates. Final Pretrial Conference set for 3/16/2018 at 01:30 PM, Jury Trial set for 4/10/2018 at 09:00 AM. (cr)
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Filing 12
ORDER DENYING STIPULATION TO CONTINUE HEARING DATE FOR PLAINTIFF'S MOTION FOR CLASS CERTIFICATION by Judge Percy Anderson, re Stipulation to Continue #11 . (mrgo)
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Filing 11
Joint STIPULATION to Continue Plaintiff's Motion for Class Certification from September 11, 2017 to March 22, 2018 filed by Defendant Wells Fargo Bank, N.A..(Berkowitz, Paul)
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Filing 10
REPORT of JOINT RULE 26(f) REPORT filed by Defendant Wells Fargo Bank, N.A.. (Berkowitz, Paul)
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Filing 9
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] SCHEDULING CONFERENCE set for July 24, 2017 at 10:30 a.m. [FRCP 26(f)] by Judge Percy Anderson: This action has been assigned to the calendar of United States District Judge Percy Anderson. The responsibility for the progress of litigation in the federal courts falls not only upon the attorneys in the action, but upon the court as well. In order "to secure the just, speedy, and inexpensive determination of every action," (Fed. R. Civ. P. 1), all counsel are hereby ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. Please refer to the Court's order for specifics. (cr)
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Filing 8
STANDING ORDER by Judge Percy Anderson: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. Both the Court and the attorneys bear responsibility for the progress of litigation in the Federal Courts. To secure the just, speedy, and inexpensive determination of every action, Fed. R. Civ. P. 1, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. Please refer to the Court's order for specifics. (cr)
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Filing 7
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
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Filing 6
NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Alka Sagar. (ghap)
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Filing 5
Notice of Appearance or Withdrawal of Counsel: for attorney Jason Patrick Brown counsel for Defendant Wells Fargo Bank, N.A.. Adding Jason P. Brown as counsel of record for Defendant Wells Fargo Bank, N.A. for the reason indicated in the G-123 Notice. Filed by Defendant Wells Fargo Bank, N.A.. (Attorney Jason Patrick Brown added to party Wells Fargo Bank, N.A.(pty:dft))(Brown, Jason)
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CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 50, inclusive, Wells Fargo and Company. Jury Demanded., filed by plaintiffs Patricia Barreras, Jacqueline F. Ibarra. (FILED IN STATE COURT ON 3/17/2017 SUBMITTED ATTACHED EXHIBIT A) (ghap)
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NON CONFORM COPY OF FIRST AMENDED COMPLAINT against Defendants Does 1 through 50, inclusive, Wells Fargo and Company amending Complaint - (Discovery),, filed by plaintiffs Patricia Barreras, Jacqueline F. Ibarra. (SUBMITTED ATTACHED EXHIBIT B)(ghap)
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CONFORMED FILED COPY OF ANSWER to Amended Complaint, filed by Defendant Wells Fargo Bank, N.A. (FILED IN STATE COURT ON 6/9/2017 SUBMITTED ATTACHED EXHIBIT C)(ghap)
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Filing 4
PROOF OF SERVICE filed by Defendant Wells Fargo Bank, N.A., re Notice of Removal (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 served on June 12, 2017. (Berkowitz, Paul)
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Filing 3
CERTIFICATE of Interested Parties filed by Defendant Wells Fargo Bank, N.A., identifying Wells Fargo & Company, Berkshire Hathaway. (Berkowitz, Paul)
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Filing 2
CIVIL COVER SHEET filed by Defendant Wells Fargo Bank, N.A.. (Berkowitz, Paul)
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Filing 1
NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC654620 Receipt No: 0973-20003871 - Fee: $400, filed by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A -Complaint, #2 Exhibit B-First Amended Complaint, #3 Exhibit C-Defendant's Answer to Complaint) (Attorney Paul Berkowitz added to party Wells Fargo Bank, N.A.(pty:dft))(Berkowitz, Paul)
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