Dilts et al v. Penske Logistics, LLC., et al
Plaintiff: Ray Rios, Mickey Lee Dilts and Donny Dushaj
Defendant: Penske Logistics LLC, Does 1-125 and Penske Truck Leasing Co LP
Case Number: 3:2008cv00318
Filed: February 19, 2008
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Cathy Ann Bencivengo
Referring Judge: Barbara Lynn Major
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441 lm
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 7, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2017 Filing 384 DECLARATION of Tim Cunningham (On Behalf of CPT Group, Inc.) With Respect to Disbursement and Final Accounting by Plaintiffs Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Singer, Michael) (jjg).
June 16, 2017 Filing 383 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED: 1. The Court Grants final approval of the proposed settlement; 2. The Court Grants In Part Plaintiffs motion for attorneys fees, costs and class representative payments; 3. The Court Grants Class Counsel $225,000 in attorneys fees and $71,419.63 in costs from the common fund; 4. The Court Grants class representative enhancement awards of $5,000 each to Plaintiffs Dilts, Rios and Dushaj to be paid from the common fund; 5. The Court Grants $12,500 in settlement administration costs to be paid from the common fund to CPT Group, Inc. Judgment is hereby entered on the terms set forth above. It is So Ordered. (jjg)
June 16, 2017 Filing 382 Final Approval of Class Settlement and Awards of Attorneys' Fees, Costs and Class Representative Payments [Doc. No. #376 ]. Signed by Judge Cathy Ann Bencivengo on 6/16/2017. (jjg)
May 24, 2017 Opinion or Order Filing 381 Notice of Document Discrepancies and Order Thereon by Judge Cathy Ann Bencivengo Rejecting re #380 Declaration, from Plaintiffs Mickey Lee Dilts, Donny Dushaj, Ray Rios. Non-compliance with local rule(s). OTHER: Supplemental documents require court order. The Court has not requested additional information on the motion for attorneys fees and costs. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. (jjg) (Additional attachment(s) added on 5/24/2017: #1 Rejected Document) (jjg).
May 23, 2017 Filing 380 **Document Stricken Per Order #381 ** DECLARATION re #376 MOTION for Settlement [(1) Final Approval of Class Action Settlement; and (2) Award of Attorneys' Fees, Costs, and Class Representative Enhancement Awards] (Supplemental Declaration of Michael D. Singer in Support of Motion) by Plaintiffs Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Singer, Michael) (Main Document 380 replaced on 5/24/2017) (jjg).
May 22, 2017 Filing 379 Minute Order. for proceedings held before Judge Cathy Ann Bencivengo:Final Approval Hearing held on 5/22/2017. #376 MOTION for Settlement [(1) Final Approval of Class Action Settlement; and (2) Award of Attorneys' Fees, Costs, and Class Representative Enhancement Awards] - submitted; Order to follow. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney James Hill and Michael Singer).(Defendant Attorney Christopher McNatt). (no document attached) (lmh)
May 19, 2017 Filing 378 DECLARATION of James Hanson by Defendants Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit Ex. A)(Hanson, James) (jjg).
May 19, 2017 Filing 377 DECLARATION re #376 MOTION for Settlement [(1) Final Approval of Class Action Settlement; and (2) Award of Attorneys' Fees, Costs, and Class Representative Enhancement Awards] (Supplemental Declaration of Tim Cunningham (on Behalf of CPT Group, Inc.) with Respect to Notification and Administration by Plaintiffs Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Singer, Michael) (jjg).
May 1, 2017 Filing 376 MOTION for Settlement [(1) Final Approval of Class Action Settlement; and (2) Award of Attorneys' Fees, Costs, and Class Representative Enhancement Awards] by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Michael D. Singer in Support of Motion, #3 Declaration of Tim Cunningham (On Behalf of CPT Group, Inc.) With Respect to Notification and Administration, #4 Declaration of J. Jason Hill in Support of Motion, #5 Declaration of Mickey Lee Dilts in Support of Motion, #6 Declaration of Donny Dushaj in Support of Motion, #7 Declaration of Ray Rios in Support of Motion, #8 Proof of Service)(Singer, Michael) (jjg).
April 28, 2017 Opinion or Order Filing 375 ORDER on Joint Motion to Provide Notice of Decertification to Class Members [Doc. No. #374 ]. Signed by Judge Cathy Ann Bencivengo on 4/28/2017. (jjg)
April 21, 2017 Filing 374 Joint MOTION for Order to Provide Notice of Decertification to Class Members by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Exhibit A- Notice of Decertification, #2 Proof of Service)(Hill, James)
February 9, 2017 Filing 373 NOTICE Of Filing Fully Executed Settlement Agreement by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #370 MOTION for Settlement (Preliminary Approval of Class Action Settlement) (Attachments: #1 Proof of Service)(Singer, Michael) (jjg).
February 6, 2017 Opinion or Order Filing 372 ORDER Preliminarily Approving Class Settlement [Doc. No. #370 ]. Signed by Judge Cathy Ann Bencivengo on 2/6/2017. (jjg)
January 24, 2017 Filing 371 Minute Order: re Plaintiffs Motion for Preliminary Approval of Class Action Settlement (jjg)
January 23, 2017 Filing 370 MOTION for Settlement (Preliminary Approval of Class Action Settlement) by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities in Support of Plaintiffs' Motion for Preliminary Approval of Class Action Settlement, #2 Declaration of Michael D. Singer in Support of Plaintiffs' Motion for Preliminary Approval of Class Action Settlement, #3 Proof of Service Declaration of Service)(Singer, Michael) (jjg).
December 1, 2016 Opinion or Order Filing 369 SCHEDULING ORDER: Bench Trial reset for 2/6/2017 at 09:00 AM to 2/9/2017 at 9:00 AM before Judge Cathy Ann Bencivengo. Motion In Limine Hearing reset for 2/3/2017 at 03:00 PM before Judge Cathy Ann Bencivengo. Signed by Judge Cathy Ann Bencivengo on 12/01/2016.(jjg)
November 30, 2016 Filing 368 NOTICE of Settlement (Notice of Tentative Class Action Settlement) by Mickey Lee Dilts, Donny Dushaj, Ray Rios (Attachments: #1 Proof of Service)(Singer, Michael) (jjg).
October 21, 2016 Opinion or Order Filing 367 ORDER on Motion to Bar Expert Testimony (Doc. No. #344 ). The Court partially ruled on the motion at the hearing on June 1, 2016, [Doc. No. #361 ] and during the status conference on July 29, 2016 [Doc. No. #366 ]. Accordingly, Dr. Roberts is barred from extrapolating on the testimony of the witnesses at trial, all remaining testimony will be allowed subject to objection at the time it is offered. The motion is therefore DENIED IN PART and GRANTED IN PART.Signed by Judge Cathy Ann Bencivengo on 10/21/2016. (cxl)
August 10, 2016 Filing 366 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Telephonic Status Conference) held on 7/29/2016, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee A. Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/31/2016. Redacted Transcript Deadline set for 9/12/2016. Release of Transcript Restriction set for 11/8/2016. (akr)
July 29, 2016 Filing 365 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Status Conference re Trial Setting held on 7/29/2016, all parties appearing via CourtCall. Court proposes the date of 1/23/2017 for bench trial; Pretrial Order with scheduling issued.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Michael Singer). (Defendant Attorney James Hanson). (no document attached) (lmh)
July 29, 2016 Opinion or Order Filing 364 ORDER Setting Trial and Pretrial Dates and Procedures. A bench trial in this action shall commence on January 23, 2017, at 9:00 a.m. in Courtroom 4-C, and shall continue through January 26, 2017, if necessary and within the time limits imposed. All motions in limine shall be filed and served no later than December 15, 2016. All oppositions shall be filed and served no later than December 22, 2016. No reply documents need be filed. A hearing with regard to such motions shall be held on January 5, 2017 at 9:30 a.m. Signed by Judge Cathy Ann Bencivengo on 7/29/2016.(cxl).
July 22, 2016 Filing 363 MINUTE ORDER: A telephonic status conference is hereby SCHEDULED for Friday July 29, 2016 at 2 p.m., to discuss trial scheduling in this matter. The parties shall consult Judge Bencivengo's Chamber Rules for instructions on how to arrange their telephonic appearances through CourtCall.(cxl)
July 20, 2016 Opinion or Order Filing 362 ORDER on Motion to Decertify Class (Doc. No. #343 ). Signed by Judge Cathy Ann Bencivengo on 7/20/2016. (cxl)
June 10, 2016 Filing 361 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 6/1/2016, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee A. Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 7/1/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/8/2016. (akr)
June 8, 2016 Filing 360 NOTICE of Supplemental Authority in Support of Opposition to Motion to Decertify by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #347 Response in Opposition to Motion, (Attachments: #1 Exhibit 1, #2 Proof of Service)(Singer, Michael) (cxl).
June 3, 2016 Filing 359 SUPPLEMENTAL DOCUMENT by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #358 Supplemental Document, Plaintiffs' Response to Defendant's Supplemental Record Citation in Support of Opposition to Motion to Decertify. (Attachments: #1 Proof of Service)(Singer, Michael) (cxl).
June 3, 2016 Filing 358 SUPPLEMENTAL DOCUMENT by Penske Logistics LLC, Penske Truck Leasing Co LP Supplemental Record Citation Regarding Second Meal Breaks. (Attachments: #1 Exhibit A - Dilts' Deposition Pages, #2 Exhibit B - Giannos Deposition Pages, #3 Exhibit C - Contreras' Deposition Pages)(Smedstad, Adam)(cxl).
June 1, 2016 Filing 357 Minute Order for proceedings held before Judge Cathy Ann Bencivengo: Motion Hearing held on 6/1/2016 re #343 MOTION to Decertify filed by Penske Truck Leasing Co LP, Penske Logistics LLC. Oral argument heard, motion #343 is taken under submission by the Court. Written order to follow. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney James Jason Hill, Sam Khoury, and Michael Singer).(Defendant Attorney James Hanson and Adam Smedstad). (no document attached) (lmh)
May 25, 2016 Filing 356 NOTICE to Withdraw Appearance of Robert L. Browning by Penske Logistics LLC, Penske Truck Leasing Co LP (Browning, Robert) (dls).
May 23, 2016 Filing 355 MINUTE ORDER: It is hereby ORDERED that the hearing on Defendants' Motion to Decertify Class [Doc. No. #343 ] originally scheduled for May 31, 2016 at 2:00 pm [Doc. No. #354 ] has been reset to June 1, 2016 at 2:00 p.m in Courtroom 4C.(cxl)
May 20, 2016 Opinion or Order Filing 354 ORDER Scheduling Oral Argument on Motion to Decertify Class (Doc. No. #343 ). A hearing on the motion is scheduled for May 31, 2016, at 2:00 p.m. in Courtroom 4C. Signed by Judge Cathy Ann Bencivengo on 5/20/2016.(cxl)
May 18, 2016 Opinion or Order Filing 353 ORDER Granting Motion to Bifurcate the Liability and Damages Phases of Trial (Doc. No. #345 ). Signed by Judge Cathy Ann Bencivengo on 5/18/2016. (cxl)
May 17, 2016 Opinion or Order Filing 352 ORDER Denying Motion for Partial Summary Judgment (Doc. No. #335 ). Signed by Judge Cathy Ann Bencivengo on 5/17/2016. (cxl)
May 17, 2016 Filing 351 NOTICE of Supplemental Authority in Support of Defendants' Motion to Decertify by Penske Logistics LLC, Penske Truck Leasing Co LP re #343 MOTION to Decertify (Attachments: #1 Exhibit 1 Burnell, et al. v. Swift Transportation Co of Arizona, LLC)(Hanson, James) (cxl).
May 2, 2016 Filing 350 REPLY to Response to Motion re #343 MOTION to Decertify filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit 1 - Jeff Stoicheff's Cited Deposition Pages, #2 Exhibit 2 - Sean Chasworth's Cited Deposition Pages, #3 Exhibit 3 - William Roberts' Cited Deposition Pages)(Smedstad, Adam) (cxl).
May 2, 2016 Filing 349 REPLY to Response to Motion re #344 MOTION to Bar Expert Testimony filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit A - Trial Transcript Cited Pages, #2 Exhibit B - Sean Chasworth's Cited Deposition Pages, #3 Exhibit C - William Roberts' Cited Deposition Pages)(Smedstad, Adam) (cxl).
April 25, 2016 Filing 348 RESPONSE in Opposition re #344 MOTION to Bar Expert Testimony filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Notice of Lodgment of Exhibits, #2 Exhibit 1-4 to Lodgment, #3 Proof of Service)(Singer, Michael) (dls).
April 25, 2016 Filing 347 RESPONSE in Opposition re #343 MOTION to Decertify filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Notice of Lodgment of Exhibits, #2 Exhibit 1-4 to Lodgment, #3 Proof of Service)(Singer, Michael) (dls).
April 25, 2016 Filing 346 NOTICE by Penske Logistics LLC, Penske Truck Leasing Co LP re #345 MOTION to Bifurcate the Liability and Damages Phases of Trial Non-Opposition to Motion to Bifurcate (Hanson, James) (dls).
April 11, 2016 Filing 345 MOTION to Bifurcate the Liability and Damages Phases of Trial by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit 1, #3 Proof of Service)(Singer, Michael) (cxl).
April 11, 2016 Filing 344 MOTION to Bar Expert Testimony by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Bar Expert Testimony, #2 Exhibit A - Cited Pages of Trial Transcript, #3 Exhibit B - Chasworth Dep. Pages, #4 Exhibit C - Roberts Dep. Pages)(Smedstad, Adam) (cxl).
April 11, 2016 Filing 343 MOTION to Decertify by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Decertify, #2 Exhibit A - Cited Pages of Trial Transcript, #3 Exhibit B - Stoicheff Dep. Pages, #4 Exhibit C - Cooley Dep. Pages, #5 Exhibit D - Lowie Dep. Pages, #6 Exhibit E - Rios Dep. Pages, #7 Exhibit F - Butzlaff Dep. Pages, #8 Exhibit G - Dilts Dep. Pages, #9 Exhibit H - Foley Dep. Pages, #10 Exhibit I - Contreras Dep. Pages, #11 Exhibit J - Giannos Dep. Pages, #12 Exhibit K - Chasworth Dep. Pages, #13 Exhibit L - Roberts Dep. Pages)(Smedstad, Adam) (cxl).
March 18, 2016 Filing 342 REPLY to Response to Motion re #335 MOTION for Partial Summary Judgment filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Proof of Service)(Singer, Michael) (cxl).
March 11, 2016 Filing 341 RESPONSE in Opposition re #335 MOTION for Partial Summary Judgment filed by Does 1-125, Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Declaration of James H. Hanson, #2 Exhibit A - Portions of the Trial Transcript, #3 Exhibit B - Portions of Penske's Rule 30(b)(6) Deposition Transcript, #4 Exhibit C - Portions of Plaintiff Mickey Lee Dilts' Deposition Transcript, #5 Exhibit D - Portions of Plaintiff Raymond Rios' Deposition Transcript, #6 Exhibit E - Portions of Jose Contreras' Deposition Transcript, #7 Exhibit F - Portions of David Butzlaff's Deposition Transcript, #8 Exhibit G - Portions of Christopher Giannos' Deposition Transcript, #9 Exhibit H - Portions of Charles Foley's Deposition Transcript, #10 Exhibit I - Portions of Terry Cooley's Deposition Transcript, #11 Exhibit J - Portions of Brett Lowie's Deposition Transcript)(Hanson, James) (cxl).
March 11, 2016 Opinion or Order Filing 340 ORDER on Motion for Attorneys' Fees and Costs and Class Representative Payments (Doc. No. #312 ).It is hereby ordered as follows: 1. Plaintiffs' motion for attorneys' fees, costs and class representative payments [Doc. No. #312 ] is GRANTED IN PART and DENIED IN PART; 2. Defendants are hereby ORDERED to pay Plaintiffs $122,723.47 in attorneys' fees and $3,159.72 in costs; and, 3. The request for class representative service payments is DENIED. Signed by Judge Cathy Ann Bencivengo on 3/11/2016. (cxl)
March 9, 2016 Opinion or Order Filing 339 ORDER Regarding Motion for Relief Under Rule 60 (Doc. Nos. #328 , #331 , #332 ). Signed by Judge Cathy Ann Bencivengo on 3/9/2016.(cxl)
March 3, 2016 Filing 338 Minute Order for proceedings held before Judge Cathy Ann Bencivengo: Motion Hearing held on 3/3/2016 re #328 MOTION for Relief from Order Dismissing Claims Under Federal Rules of Civil Procedure Rule 60 re #318 Order Dismissing Case filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios. The motion for relief under Rule 60 is denied. Written order to follow. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney James Jason Hill and Michael Singer).(Defendant Attorney Adam Smedstad). (no document attached) (lmh)
February 22, 2016 Filing 337 MINUTES: It is hereby ORDERED that a hearing on Plaintiffs' motion for relief from order dismissing claims [Doc. Nos. #318 and #328 ] has been reset to March 3, 2016 at 10:30 a.m. It is SO ORDERED. (cxl)
February 22, 2016 Filing 336 MINUTES: It is hereby ORDERED that a hearing on Plaintiffs' motion for relief from order dismissing claims [Doc. Nos. #318 and #328 ] is set for March 3, 2016 at 10:00 a.m. It is SO ORDERED.(cxl)
February 3, 2016 Filing 335 MOTION for Partial Summary Judgment by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Michael Singer, #3 Notice of Lodgment of Exhibits, #4 Exhibit 1 to Lodgment, #5 Exhibit 2 to Lodgment, #6 Exhibit 3 to Lodgment, #7 Exhibit 4 to Lodgment, #8 Exhibit 5 to Lodgment, #9 Exhibit 6 to Lodgment, #10 Exhibit 7 to Lodgment, #11 Exhibit 8 to Lodgment, #12 Exhibit 9 to Lodgment, #13 Exhibit 10 to Lodgment, #14 Exhibit 11 to Lodgment, #15 Exhibit 12 to Lodgment, #16 Exhibit 13 to Lodgment, #17 Exhibit 14 to Lodgment, #18 Exhibit 15 to Lodgment, #19 Proof of Service)(Singer, Michael) (cxl).
January 27, 2016 Opinion or Order Filing 334 ORDER Granting Joint Motion and Stipulation to Modify Scheduling Order (Doc. No. #333 ). Signed by Judge Cathy Ann Bencivengo on 1/27/2016. (cxl)
January 21, 2016 Filing 333 Joint MOTION to Continue /Joint Motion and Stipulation to Modify Scheduling Order by Penske Logistics LLC, Penske Truck Leasing Co LP. (Smedstad, Adam) (cxl).
January 12, 2016 Filing 332 REPLY to Response to Motion re #328 MOTION for Relief from Order Dismissing Claims Under Federal Rules of Civil Procedure Rule 60 re #318 Order Dismissing Case,, filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of Michael D. Singer, #2 Proof of Service)(Singer, Michael) (cxl).
January 5, 2016 Filing 331 RESPONSE in Opposition re #328 MOTION for Relief from Order Dismissing Claims Under Federal Rules of Civil Procedure Rule 60 re #318 Order Dismissing Case,, filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Declaration of James H. Hanson, #2 Exhibit A - Portions of the Trial Transcript, #3 Exhibit B - Excerpts of the Deposition of Rick Gibson, #4 Exhibit C - Excerpts of the Deposition of Brett Lowie, #5 Exhibit D - May 3, 2010 Letter, #6 Exhibit E - May 19, 2010 Letter, #7 Exhibit F - May 26, 2010 Email, #8 Exhibit G - March 22, 2011 Email String, #9 Exhibit H - Settlement Agreement Executed by Named Plaintiffs, #10 Exhibit I - Defendants' Supplemental Response to Certified Class's First Set of Requests for Production of Documents, #11 Exhibit J - Certified Class RFD, Set 5)(Hanson, James) (cxl).
December 15, 2015 Opinion or Order Filing 330 ORDER Granting #329 Joint Motion for Extension of Time to File Response/Reply re #328 MOTION for Relief from Order Dismissing Claims Under Federal Rules of Civil Procedure Rule 60 re #318 Order Dismissing Case . Defendants shall respond to Plaintiffs' Rule 60 Motion (Doc. No. #328 ) no later than 1/5/2016. Plaintiffs may reply no later than 1/12/2016. The court will then take the motion under submission on the papers unless otherwise noticed. Signed by Judge Cathy Ann Bencivengo on 12/15/2015. (dls)
December 11, 2015 Filing 329 Joint MOTION for Extension of Time to File Response/Reply In Opposition to Rule 60 Motion and To Continue The Hearing Set For January 6, 2016 by Penske Logistics LLC, Penske Truck Leasing Co LP. (Hanson, James) (cxl).
December 8, 2015 Filing 328 MOTION for Relief from Order Dismissing Claims Under Federal Rules of Civil Procedure Rule 60 re #318 Order Dismissing Case,, by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Michael D. Singer, #3 Notice of Lodgment of Exhibits, #4 Exhibit 1 to Notice of Lodgment of Exhibits, #5 Exhibit 2 to Notice of Lodgment of Exhibits, #6 Exhibit 3 to Notice of Lodgment of Exhibits, #7 Exhibit 4 to Notice of Lodgment of Exhibits, #8 Exhibit 5 to Notice of Lodgment of Exhibits, #9 Exhibit 6 to Notice of Lodgment of Exhibits, #10 Exhibit 7 to Notice of Lodgment of Exhibits, #11 Exhibit 8 to Notice of Lodgment of Exhibits, #12 Exhibit 9 to Notice of Lodgment of Exhibits, #13 Declaration of Service)(Singer, Michael) (cxl).
October 23, 2015 Opinion or Order Filing 327 ORDER Granting Joint Motion to Modify Scheduling Order Following Mandate Hearing (Doc. No. #326 ). Signed by Judge Cathy Ann Bencivengo on 10/23/2015. (cxl)
October 21, 2015 Filing 326 Joint MOTION to Modify Scheduling Order Following Mandate Hearing re #324 Order by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of Service)(Singer, Michael) (cxl).
June 4, 2015 Filing 325 Costs Taxed in amount of $889.60 against defendants Penske Logistics. LLC et al. (nsp)
June 1, 2015 Opinion or Order Filing 324 SCHEDULING ORDER FOLLOWING MANDATE HEARING. Signed by Judge Cathy Ann Bencivengo on 6/1/2015.(cxl)
May 29, 2015 Filing 323 MANDATE of USCA reversing the decision of the USDC and remanding to the USDC for further proceedings as to #128 Notice of Appeal to the 9th Circuit, filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios. (akr)
May 29, 2015 Filing 322 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Appeal Mandate Hearing held on 5/29/2015. Appeal Mandate ordered filed for USCA Case Number(s): 12-55705. Court addresses counsel re scheduling, written scheduling order to follow.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney James Hill and Michael Singer). (Defendant Attorney James Hanson and Adam Smedstedt). (no document attached) (lmh)
May 22, 2015 Filing 321 STATUS REPORT Joint Report Re Mandate Hearing by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Proof of Service)(Singer, Michael) (cxl).
May 19, 2015 Filing 320 BILL OF COSTS submitted by Plaintiffs Mickey Lee Dilts, Donny Dushaj, Ray Rios in the amount of $ 1,186.60. Hearing set for 6/4/2015 at 01:30PM. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Memo of Points and Authorities, #7 Proof of Service)(Hill, James)
May 6, 2015 Filing 319 MINUTES: An appeal-mandate hearing is scheduled for Friday, May 29, 2015 at 2:30 p.m. The parties shall file a joint status report, no later than Friday, May 22, 2015, identifying all remaining issues and setting forth their proposed plans for litigating them.(cxl)
March 26, 2015 Opinion or Order Filing 318 ORDER CLOSING CASE. On February 27, 2015, the court granted plaintiffs' unopposed motion for final approval of class action settlement (Doc. No. #315 ). Accordingly, with the exception of those claims that were held preempted by the Federal Aviation Administration Authorization Act (FAAAA), plaintiffs' claims are dismissed with prejudice. The Clerk of Court shall therefore close this case. Plaintiffs' motion for attorneys' fees, costs, and class representative enhancements (Doc. No. #312 ) remains pending and under submission. Signed by Judge Cathy Ann Bencivengo on 3/26/2015.(cxl)
March 6, 2015 Filing 317 AFFIDAVIT in Opposition re #312 MOTION for Attorney Fees , Litigation Costs and Class Representative Service Payments filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit A: Emails)(Hanson, James) (cxl).
February 27, 2015 Filing 316 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Final Approval Hearing held on 2/27/2015. Court grants #311 MOTION for Final Approval of Class Action Settlement and Award of Claims Administration Expenses filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios. Motion Hearing held on 2/27/2015 re #312 MOTION for Attorney Fees , Litigation Costs and Class Representative Service Payments filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios. The motion is taken under submission. Order re Final Approval has been filed by the court. Order regarding attorney fees shall follow. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Michael Singer and James Jason Hill). (Defendant Attorney James Hanson). (no document attached) (lmh)
February 27, 2015 Opinion or Order Filing 315 ORDER Granting Final Approval of Class Action Settlement (Doc. No. #311 ). Plaintiffs' unopposed motion for final approval of class action settlement (Doc. No. #311 ) is granted. The parties shall effectuate the settlement agreement according to its terms and conditions. Plaintiffs' motion for attorneys' fees, costs, andclass-representative enhancements (Doc. No. #132 ) remains pending and under submission. Signed by Judge Cathy Ann Bencivengo on 2/27/2015. (cxl)
February 20, 2015 Filing 314 REPLY to Response to Motion re #312 MOTION for Attorney Fees , Litigation Costs and Class Representative Service Payments filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Supplemental Declaration of Michael D. Singer in Support of Motion for an Order Granting Award of Statutory Attorneys' Fees, Litigation Costs and Class Representative Service Payments, #2 Exhibit A to Supplemental Declaration of Michael D. Singer, #3 Declaration of Service)(Singer, Michael) (cxl).
February 12, 2015 Filing 313 RESPONSE in Opposition re #312 MOTION for Attorney Fees , Litigation Costs and Class Representative Service Payments filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit 1 - ECF Doc. No. 312-10, #2 Exhibit 2 - Relevant Pages from ECF Doc. Nos. 312-3 and 312-4, #3 Exhibit 3 - ECF Doc. No. 290-00)(Smedstad, Adam) (kas).
January 30, 2015 Filing 312 MOTION for Attorney Fees , Litigation Costs and Class Representative Service Payments by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Michael D. Singer in Support of Motion, #3 Exhibit 1 to Singer Declaration, #4 Exhibit 2 to Singer Declaration, #5 Exhibit 3 to Singer Declaration, #6 Exhibit 4 to Singer Declaration, #7 Exhibit 5 to Singer Declaration, #8 Exhibit 6 to Singer Declaration, #9 Exhibit 7 to Singer Declaration, #10 Exhibit 8 to Singer Declaration, #11 Exhibit 9 to Singer Declaration, #12 Declaration of J. Jason Hill in Support of Motion, #13 Declaration of Kevein T. Barnes in Support of Motion, #14 Declaration of Raul Cadena in Support of Motion, #15 Declaration of Debra L. Hurst in Support of Motion, #16 Declaration of David R. Markham in Support of Motion, #17 Declaration of James R. Patterson in Support of Motion, #18 Declaration of Ricahrd M. Pearl in Support of Motion, #19 Exhibit A-F to Pearl Declaration, #20 Declaration of Matthew Righetti in Support of Motion, #21 Declaration of Peter S. Rukin in Support of Motion, #22 Declaration of Mickey Lee Dilts in Support of Motion, #23 Declaration of Ray Rios in Support of Motion, #24 Declaration of Service)(Singer, Michael) (cxl).
January 30, 2015 Filing 311 MOTION for Final Approval of Class Action Settlement and Award of Claims Administration Expenses by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Michael D. Singer in Support of Motion, #3 Declaration of Kelly Kratz Regarding Notice and Settlement Administration Activities, #4 Declaration of Service)(Singer, Michael) (cxl).
December 9, 2014 Filing 310 NOTICE Regarding Corrections to the Notice of Class Action Settlement. Signed by Judge Cathy Ann Bencivengo on 12/9/2014.(cxl)
December 9, 2014 Opinion or Order Filing 309 ORDER Granting Renewed Motion for Preliminary Approval of Class Action Settlement (Doc. No. #308 ). Final Approval Hearing shall be held on 2/27/2015 at 02:00 PM in Courtroom 4C before Judge Cathy Ann Bencivengo.Signed by Judge Cathy Ann Bencivengo on 12/9/2014. (cxl)
December 5, 2014 Filing 308 MOTION for Preliminary Approval of Class Action Settlement (Renewed Motion) by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Michael D. Singer, #3 Exhibit A (Settlement Agreement) to Declaration of Michael D. Singer, #4 Exhibit 1 (Class List) to Declaration of Michael D. Singer, #5 Exhibit 2 (Notice to Class) to Declaration of Michael D. Singer, #6 Exhibit 3 (Change of Address Form) to Declaration of Michael D. Singer, #7 Exhibit B (Firm Resume) to Declaration of Micahel D. Singer, #8 Declaration of Service)(Singer, Michael) (cxl).
November 26, 2014 Opinion or Order Filing 307 ORDER Granting Joint Motion for an Order Setting Renewed Motion for Preliminary Approval of Class Action Settlement (Doc. No. #306 ). Plaintiffs shall filed their renewed motion for preliminary approval of class action settlement no later than Friday, December 5, 2014. Unless the court orders otherwise, the motion will be taken under submission on the papers. Signed by Judge Cathy Ann Bencivengo on 11/26/2014. (cxl)
November 24, 2014 Filing 306 Joint MOTION for an Order Setting Renewed Motion for Preliminary Approval of Class Action Settlement re #305 Order on Motion for Extension of Time to File, by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of Service)(Singer, Michael) (cxl).
November 18, 2014 Opinion or Order Filing 305 ORDER Granting Joint Motion for Extension of Time (Doc. No. #304 ). The court grants the parties joint motion for an extension of time. (Doc. No. #304 ) The parties deadline to inform the court as to the status of their settlement is extended from November 17, 2014, to November 24, 2014. Signed by Judge Cathy Ann Bencivengo on 11/18/2014. (cxl)
November 17, 2014 Filing 304 Joint MOTION for Extension of Time to File Joint Motion Re Additional Class Members by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Proof of Service)(Singer, Michael) (cxl).
October 21, 2014 Opinion or Order Filing 303 ORDER Granting Joint Motion to Continue Filing Deadline and Hearing Date of (1) Plaintiff's Motion for Final Approval of Class Action Settlement; and (2) Plaintiff's Contested Motion for an award of Attorneys' Fees, Litigation costs, and Class Representative Service Payments (Doc. No. #302 ). Signed by Judge Cathy Ann Bencivengo on 10/20/2014. (cxl)
October 16, 2014 Filing 302 Joint MOTION to Continue Filing Deadline and Hearing Date of (1) Plaintiffs' Motion for Final Approval of Class Action Settlement; and (2) Plaintiffs' Motion for an Award of Attorneys' Fees, Litigation Costs, and Class Representative Service Payments by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of Service)(Singer, Michael) (cxl).
September 30, 2014 Opinion or Order Filing 301 ORDER of USCA as to #128 Notice of Appeal to 9th Circuit, filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios. Appellees' motion for stay of the mandate is granted. The mandate is ordered stayed for ninety days from the filing date of this order pending the filing of a petition for writ of certiorari in the United States Supreme Court. In the event that the petition for writ of certiorari is timely filed, the stay shall continue until final disposition by the Supreme Court. (akr)
July 18, 2014 Opinion or Order Filing 300 ORDER of USCA as to #128 Notice of Appeal to 9th Circuit, filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios. Appellees' unopposed motion for an extension of time to August 6, 2014, to file a petition for rehearing or rehearing en banc is granted. (akr)
July 11, 2014 Opinion or Order Filing 299 ORDER granting #296 For Preliminary Approval of the Class Action Settlement. Signed by Magistrate Judge Barbara Lynn Major on 7/11/2014. (yeb)
June 12, 2014 Filing 298 NOTICE of Filing Fully Executed Settlement Agreement by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #296 MOTION for Settlement Plaintiffs' Uncontested Motion for Preliminary Approval of Class Action Settlement (Attachments: #1 Exhibit 1-Fully Executed Settlement Agreement, #2 Declaration of Service)(Singer, Michael) (ag).
June 6, 2014 Filing 297 NON Opposition re #296 MOTION for Settlement Plaintiffs' Uncontested Motion for Preliminary Approval of Class Action Settlement filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit Exhibit A)(Hanson, James) (yeb).
June 5, 2014 Filing 296 MOTION for Settlement Plaintiffs' Uncontested Motion for Preliminary Approval of Class Action Settlement by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Michael D. Singer in Support of Motion, #3 Exhibit A to Singer Declaration (Settlement Agreement), #4 Exhibit 1 to Singer Declaration (Class List), #5 Exhibit 2 to Singer Declaration (Notice of Class Action Settlement), #6 Exhibit 3 to Singer Declaration (Change of Address Form), #7 Exhibit B to Singer Declaration (Firm Resume), #8 Declaration of J. Jason Hill in Support of Motion, #9 Declaration of Service)(Singer, Michael) (kas).
May 23, 2014 Opinion or Order Filing 295 ORDER granting #294 Joint Motion to Modify Order Setting Hearing Dateand Deadline to File Motion for Preliminary Approval of the Class Action Settlement.The deadline for the Parties to file their Joint Motion for Preliminary Approval of Class Action Settlement is continued from May 26, 2014 to June 5, 2014. The hearing on the Parties Joint Motion for Preliminary approval of Class Action Settlement is continued from June 2, 2014 to June 12, 2014 at 10:00 a.m. on the calendar of Magistrate Judge Barbara L. Major. Signed by Magistrate Judge Barbara Lynn Major on 05/23/2014. (yeb)
May 23, 2014 Filing 294 Joint MOTION to Modify Order Setting Hearing Date and Deadline to File Motion for Preliminary Approval of the Class Action Settlement re #293 Order, Set Deadlines/Hearings,, by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of Service)(Hill, James) (yeb).
April 29, 2014 Opinion or Order Filing 293 ORDER Setting Hearing Date and Deadline to File Motion for Preliminary Approval of the Class Action Settlement. The Court orders the parties to file their joint motion for preliminary approval of the class action settlement by May 26, 2014. A hearing on the parties joint motion is scheduled for June 2, 2014 at 10:00 a.m. on the calendar of Magistrate Judge Barbara L. Major., ( Motions due by 5/26/2014.). Signed by Magistrate Judge Barbara Lynn Major on 04/29/2014.(yeb)
April 25, 2014 Opinion or Order Filing 292 ORDER denying #276 Motion for a Written Order. Signed by Judge Cathy Ann Bencivengo on 4/25/2014. (yeb)
April 25, 2014 Filing 291 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Telephonic Status Conference held on 4/25/2014. Written order to follow.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney James Hill and Michael Singer). (Defendant Attorney Adam Smedstad). (no document attached) (lmh)
April 14, 2014 Filing 290 TRIAL BRIEF Joint Submission Re Trial Plan For Damages Phase by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Singer, Michael) (yeb).
April 2, 2014 Opinion or Order Filing 289 ORDER Granting #288 Joint Motion to Continue. It is so ordered the deadline for the parties to file a joint report is continued from April 4, 2014 to April 14, 2014. The telephonic status conference, scheduled for April 25, 2014 at 3:00 p.m., shall remain on calendar as set. Signed by Judge Cathy Ann Bencivengo on 04/02/2014. (yeb)(jrd)
April 2, 2014 Filing 288 Joint MOTION to Continue April 4, 2014 Deadline to File Joint Report Regarding Damages Phase by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of Service)(Hill, James) (yeb).
March 13, 2014 Filing 287 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Bench Trial, Day 6) held on 1/22/2014, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee A. Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/3/2014. Redacted Transcript Deadline set for 4/14/2014. Release of Transcript Restriction set for 6/11/2014. (akr)
March 13, 2014 Filing 286 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Bench Trial, Day 5) held on 1/21/2014, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee A. Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/3/2014. Redacted Transcript Deadline set for 4/14/2014. Release of Transcript Restriction set for 6/11/2014. (akr)
March 13, 2014 Filing 285 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Bench Trial, Day 4) held on 1/16/2014, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee A. Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/3/2014. Redacted Transcript Deadline set for 4/14/2014. Release of Transcript Restriction set for 6/11/2014. (akr)
March 13, 2014 Filing 284 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Bench Trial, Day 3) held on 1/15/2014, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee A. Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/3/2014. Redacted Transcript Deadline set for 4/14/2014. Release of Transcript Restriction set for 6/11/2014. (akr)
March 13, 2014 Filing 283 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Bench Trial, Day 2) held on 1/14/2014, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee A. Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/3/2014. Redacted Transcript Deadline set for 4/14/2014. Release of Transcript Restriction set for 6/11/2014. (akr)
March 13, 2014 Filing 282 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Bench Trial, Day 1) held on 1/13/2014, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee A. Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/3/2014. Redacted Transcript Deadline set for 4/14/2014. Release of Transcript Restriction set for 6/11/2014. (akr)
March 13, 2014 Filing 281 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion in limine Hearing) held on 1/3/2014, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee A. Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/3/2014. Redacted Transcript Deadline set for 4/14/2014. Release of Transcript Restriction set for 6/11/2014. (akr)
March 13, 2014 Filing 280 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion to Decertify Class) held on 1/9/2013, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee A. Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/3/2014. Redacted Transcript Deadline set for 4/14/2014. Release of Transcript Restriction set for 6/11/2014. (akr)
March 12, 2014 Opinion or Order Filing 279 ORDER Regarding Joint Motion to Provide Notice of Decertification to Class Members #275 . It is hereby ordered that Plaintiffs' counsel shall send the signed notice attached hereto as Exhibit A to the 349 hourly appliance delivery drivers and installers who received class notice in this action advising them of the subclasses at issue that have been decertified. Signed by Judge Cathy Ann Bencivengo on 3/12/2014. (Attachments: #1 Exhibit A)(vam)(jrd)
March 12, 2014 Filing 278 MINUTE ORDER: Due to a conflict in the Court's calendar, the Court hereby resets the telephonic status conference from April 11, 2014 to April 25, 2014 at 3:00 p.m. #273 . (vam)(jrd)
March 12, 2014 Filing 277 RESPONSE in Opposition re #276 MOTION for Order on Survey Evidence filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Proof of Service)(Singer, Michael) (kcm).
March 12, 2014 Filing 276 MOTION for Order on Survey Evidence by Penske Logistics LLC. (Attachments: #1 Memo of Points and Authorities)(Smedstad, Adam) (cxl).
March 12, 2014 Filing 275 Joint MOTION to Provide Notice of Decertification to Class Members by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Exhibit A - Proposed Notice, #2 Proof of Service)(Hill, James) (cxl).
February 28, 2014 Opinion or Order Filing 274 ORDER of USCA as to #128 Notice of Appeal to 9th Circuit, filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios. The "Unopposed Joint Request for Leave of Appellees, Penske Logistics, LLC, Penske Truck Leasing Co., L.P., and Vitran Express, Inc., to File Post-Argument Supplemental Response Brief" is granted. Appellees' postargument response brief is due April 2, 2014, not to exceed 30 pages, and Appellants' reply brief is due April 17, 2014, not to exceed 15 pages. Parties who are registered for ECF must file the supplemental brief electronically without submission of paper copies. Parties who are not registered ECF filers must file the original supplemental brief plus 15 paper copies. (skh)
February 19, 2014 Filing 273 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Liability Phase: The court decertifies the tool-reimbursement subclasses, numbers seven, eight and nine, to the extent those subclasses sought reimbursement for tools purchased prior to the 2006 policy change. The parties shall file a Joint Report due by 4/4/2014. Telephonic Status Conference is set for 4/11/2014 02:30 PM before Judge Cathy Ann Bencivengo. Signed by Judge Cathy Ann Bencivengo on 02/19/2014.(yeb)
January 27, 2014 Filing 272 REPLY - Other re #271 Reply to Response to Motion, Plaintiffs' Reply to Retroactive Application of LAbor Code 226(e) filed by Mickey Lee Dilts, Ray Rios. (Singer, Michael)(yeb).
January 27, 2014 Filing 271 REPLY to Response to Motion re #261 MOTION for Judgment Rule 52(c) Motion on Wage Statement Claims filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Declaration of Adam C. Smedstad)(Smedstad, Adam) (yeb).
January 22, 2014 Filing 270 Plaintiffs Exhibit List. (lmh)
January 22, 2014 Filing 269 Witness List of Bench Trial. (lmh) Modified on 1/23/2014 to correct text (lmh).
January 22, 2014 Filing 268 Minute Order for proceedings held before Judge Cathy Ann Bencivengo:Bench Trial completed on 1/22/2014. Day of Trial; day 6. #258 Motion for Judgment on Off-the-clock Claims of Absent Drivers/Installers - granted in part and denied in part as previously Court previously ordered (doc. no. 267); #259 Motion for Judgment on off-the-clock Claims of Absent Installers is also granted in part and denied in part; the court denies #260 Motion for Judgment on Tool Reimbursement Claims and denies #261 Motion for Judgment on Wage Statement Claims. Witnesses sworn. The court will issue its Findings of Fact and Conclusion of Law. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney James Jason Hill and Michael Singer).(Defendant Attorney James Hanson and Adam Smedstad). (no document attached) (lmh)
January 21, 2014 Opinion or Order Filing 267 ORDER. Signed by Judge Cathy Ann Bencivengo on January 21, 2014.(dwg)
January 21, 2014 Filing 266 Minute Order for proceedings held before Judge Cathy Ann Bencivengo:Bench Trial held on 1/21/2014. Day of Trial; Day 5. Court addresses Motions for Judgment filed. Oral argument held. Court takes under submission #261 MOTION for Judgment Rule 52(c) Motion on Wage Statement Claims, #260 MOTION for Judgment Rule 52(c) Motion on Tool Reimbursement Claims, #259 MOTION for Judgment Rule 52(c) Motion on Off-The-Clock Claims of Absent Installers, #258 MOTION for Judgment Rule 52(c) Motion on Off-The-Clock Claims of Absent Drivers/Installers.Court recesses for the day. Bench Trial continued to 1/22/2014 09:00 AM in Courtroom 4C before Judge Cathy Ann Bencivengo. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney James Jason Hill and Michael Singer).(Defendant Attorney James Hanson and Adam Smedstad). (no document attached) (lmh)
January 21, 2014 Filing 265 RESPONSE in Opposition re #261 MOTION for Judgment Rule 52(c) Motion on Wage Statement Claims filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Singer, Michael) (yeb).
January 21, 2014 Filing 264 RESPONSE in Opposition re #260 MOTION for Judgment Rule 52(c) Motion on Tool Reimbursement Claims filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Singer, Michael) (yeb).
January 21, 2014 Filing 263 RESPONSE in Opposition re #259 MOTION for Judgment Rule 52(c) Motion on Off-The-Clock Claims of Absent Installers filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Singer, Michael) (yeb).
January 21, 2014 Filing 262 RESPONSE in Opposition re #258 MOTION for Judgment Rule 52(c) Motion on Off-The-Clock Claims of Absent Drivers/Installers filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Singer, Michael)(yeb).
January 20, 2014 Filing 261 MOTION for Judgment Rule 52(c) Motion on Wage Statement Claims by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A to Memorandum - Cole v. CRST)(Smedstad, Adam) (yeb).
January 20, 2014 Filing 260 MOTION for Judgment Rule 52(c) Motion on Tool Reimbursement Claims by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Memo of Points and Authorities)(Smedstad, Adam) (yeb).
January 20, 2014 Filing 259 MOTION for Judgment Rule 52(c) Motion on Off-The-Clock Claims of Absent Installers by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Memo of Points and Authorities)(Smedstad, Adam) (yeb).
January 20, 2014 Filing 258 MOTION for Judgment Rule 52(c) Motion on Off-The-Clock Claims of Absent Drivers/Installers by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Memo of Points and Authorities)(Smedstad, Adam) (yeb).
January 16, 2014 Filing 257 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Bench Trial held on 1/16/2014. Day of Trial; day 4. Swore witnesses. Exhibits marked/received. Bench Trial continued to 1/21/2014 08:45 AM in Courtroom 4C before Judge Cathy Ann Bencivengo.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney James Jason Hill and Michael Singer). (Defendant Attorney James Hanson and Adam Smedstad). (no document attached) (lmh)
January 15, 2014 Filing 256 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Bench Trial held on 1/15/2014. Day of Trial; day 3. Swore witnesses. Exhibits marked/received. Bench Trial continued to 1/16/2014 08:45 AM in Courtroom 4C before Judge Cathy Ann Bencivengo.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney James Jason Hill and Michael Singer). (Defendant Attorney James Hanson and Adam Smedstad). (no document attached) (lmh)
January 14, 2014 Filing 255 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Bench Trial held on 1/14/2014. Day of Trial; day 2. Swore witnesses. Exhibits marked/received. Bench Trial continued to 1/15/2014 08:45 AM in Courtroom 4C before Judge Cathy Ann Bencivengo.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney James Jason Hill and Michael Singer). (Defendant Attorney James Hanson and Adam Smedstad). (no document attached) (lmh)
January 13, 2014 Filing 254 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Bench Trial held on 1/13/2014. Day of Trial; first day. Swore witnesses. Exhibits marked/received. Bench Trial continued to 1/14/2014 08:45 AM in Courtroom 4C before Judge Cathy Ann Bencivengo.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney James Jason Hill and Michael Singer). (Defendant Attorney James Hanson and Adam Smedstad). (no document attached) (lmh)
January 8, 2014 Opinion or Order Filing 253 ORDER denying as moot #251 Ex Parte Motion to Quash plaintiffs subpoena for a records custodian. Signed by Judge Cathy Ann Bencivengo on 01/08/2014. (yeb)
January 7, 2014 Filing 252 NON Opposition re #251 Ex Parte MOTION to Quash and Notice of Withdrawal of Subpoenas filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Singer, Michael) (yeb).
January 7, 2014 Filing 251 Ex Parte MOTION to Quash by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit Declaration of Adam C. Smedstad, #2 Memo of Points and Authorities, #3 Exhibit 1 to Memo - January 9 2013 Hearing Transcript, #4 Exhibit 2 to Memo - January 3 2014 Hearing Transcript)(Smedstad, Adam) (yeb).
January 7, 2014 Filing 250 NOTICE by Penske Logistics LLC, Penske Truck Leasing Co LP re #249 Ex Parte MOTION to Quash (Notice of Withdrawal of ECF Document No. 249) (Smedstad, Adam) (yeb).
January 7, 2014 Filing 249 WITHDRAWN - Ex Parte MOTION to Quash by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Declaration of Adam C. Smedstad)(Smedstad, Adam)(yeb). Modified on 1/8/2014 (yeb).
January 6, 2014 Opinion or Order Filing 248 ORDER TO ALLOW THE USE OF ELECTRONIC EQUIPMENT IN THE COURTROOM DURING TRIAL. Signed by Judge Cathy Ann Bencivengo on 01/06/2014.(yeb)
January 3, 2014 Filing 247 Minute Entry and Order for proceedings held before Judge Cathy Ann Bencivengo: Motion In Limine Hearing held on 1/3/2014. The Court rules as follows: Finds as Moot #205 In Limine MOTION to Exclude Introduction of Expert Opinions Not Contained in Original Reports filed by Penske Truck Leasing Co LP, Penske Logistics LLC; Denies #206 In Limine MOTION to Preclude Plaintiffs from Calling Absent Class Members Who Were Not Deposed during Discovery filed by Penske Truck Leasing Co LP, Penske Logistics LLC; Grants #207 In Limine MOTION to Preclude Plaintiffs from Calling Any Witnesses not Disclosed During Discovery filed by Penske Truck Leasing Co LP, Penske Logistics LLC. The Court precludes the Plaintiffs from calling Sean Chasworth as a witness and precludes Plaintiffs from calling witnesses not disclosed during discovery. The Court will determine if a party may call any impeachment witnesses at the time of trial; Denies #211 In Limine MOTION to Preclude Plaintiffs from Offering any Driver or Dispatch Logs of Class Members Who do not Testify at Trial filed by Penske Truck Leasing Co LP, Penske Logistics LLC; Denies without Prejudice as Moot #217 In Limine MOTION to Exclude Testimony Re Time Logged "Off Duty" in XATA filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios; Denies #218 In Limine MOTION Preliminary Determination Regarding Plaintiffs' Primia Facie Burden on Liability Where Defendants' Records Show Meals Not Taken or Completed or are Incomplete filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios; Denies #219 In Limine MOTION Permitting Summary Testimony of voluminous Records and Limited Use of Electronic Records in Lieu of Paper Records filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios; Grants without Prejudice #220 In Limine MOTION Requesting Fed.R.Evid. 104 Hearing Regarding Admissibility of Driver Dispatch Logs and Contents under Fed.R.Evid. 803 (6) and (7) filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios; Grants Unopposed #221 In Limine MOTION to Exclude Reference to Unauthorized Non-Expert "ALP Memo" Inadvertently Produced by Dr. Phillips filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios; and Withdraws #222 In Limine MOTION to Exclude Reference to Survey Responses to MC Questions filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios. Plaintiffs to disclose trial witnesses to be called to the defendants by 1/8/2014. Bench Trial set for 1/13/2014 09:00 AM in Courtroom 4C before Judge Cathy Ann Bencivengo - Confirmed. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney James Jason Hill; Michael D. Singer).(Defendant Attorney James H. Hanson). (no document attached) (smy)
January 3, 2014 Opinion or Order Filing 246 MODIFIED PRETRIAL ORDER. Signed by Judge Cathy Ann Bencivengo on 01/03/2014.(yeb)(jrd)
January 3, 2014 Opinion or Order Filing 245 ORDER granting #225 Ex Parte Motion for Order to Modify Pretrial Order. Signed by Judge Cathy Ann Bencivengo on 01/03/2014. (yeb)
January 2, 2014 Filing 244 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 3/25/2010, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Gayle Wakefield. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/23/2014. Redacted Transcript Deadline set for 2/3/2014. Release of Transcript Restriction set for 4/2/2014. (akr)
January 2, 2014 Opinion or Order Filing 243 ORDER granting #241 Motion to Withdraw as Attorney. It is so ordered Robert S. Brewer, Jr., Randy S. Grossman, and the law firm of Jones Day are no longer counsel of record for Defendants. Defendants remain represented by Scopelits, Garvin, Light, Hanson & Feary, P.C.. Signed by Judge Cathy Ann Bencivengo on 01/02/2014. (yeb) (jrl).
December 31, 2013 Filing 242 NOTICE by Penske Logistics LLC, Penske Truck Leasing Co LP re #241 MOTION to Withdraw as Attorney Errata re filing of (Grossman, Randy)(yeb).
December 31, 2013 Filing 241 MOTION to Withdraw as Attorney by Penske Logistics LLC, Penske Truck Leasing Co LP. (Grossman, Randy) (yeb).
December 30, 2013 Filing 240 NOTICE OF WITHDRAWAL OF DOCUMENT by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #222 In Limine MOTION to Exclude Reference to Survey Responses to MC Questions filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios . (Singer, Michael) (yeb).
December 23, 2013 Filing 239 NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #216 Objection of Plaintiffs' Opposition to Defendants' Objections to Plaintiffs' Exhibits (Hill, James) (ag).
December 23, 2013 Filing 238 OBJECTION by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #215 Notice (Other), #209 Notice (Other), #214 Notice (Other), #213 Notice (Other), #210 Notice (Other), #212 Notice (Other), #208 Notice (Other) Plaintiffs' Objections and Counter Designations to Defendants' Designations of Depositions Testimony. (Attachments: #1 Exhibit 1, Objections and Counter Designations for Witness David Butzlaff, #2 Exhibit 2, Objections and Counter Designations for Witness Jose Contreras, #3 Exhibit 3, Objections and Counter Designations for Witness Mickey Lee Dilts, #4 Exhibit 4, Objections and Counter Designations for Witness Donny Dushaj, #5 Exhibit 5, Objections and Counter Designations for Witness Charles James Foley, #6 Exhibit 6, Objections and Counter Designations for Witness Christopher Giannos, #7 Exhibit 7, Objections and Counter Designations for Witness Raymond Rios)(Hill, James) (ag).
December 23, 2013 Filing 237 DECLARATION re #233 Response in Opposition to Motion, #236 Response in Opposition to Motion, #234 Response in Opposition to Motion, #235 Response in Opposition to Motion Omnibus Declaration of J. Jason Hill in Support of Oppositions to Defendants' Motions In Limine Nos. 1 through 4 by Plaintiffs Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Exhibit 1 through 12)(Hill, James) (ag).
December 23, 2013 Filing 236 RESPONSE in Opposition re #211 In Limine MOTION to Preclude Plaintiffs from Offering any Driver or Dispatch Logs of Class Members Who do not Testify at Trial filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Hill, James) (ag).
December 23, 2013 Filing 235 RESPONSE in Opposition re #207 In Limine MOTION to Preclude Plaintiffs from Calling Any Witnesses not Disclosed During Discovery filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Hill, James) (ag).
December 23, 2013 Filing 234 RESPONSE in Opposition re #206 In Limine MOTION to Preclude Plaintiffs from Calling Absent Class Members Who Were Not Deposed during Discovery filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Hill, James) (ag).
December 23, 2013 Filing 233 RESPONSE in Opposition re #205 In Limine MOTION to Exclude Introduction of Expert Opinions Not Contained in Original Reports filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Hill, James) (ag).
December 23, 2013 Filing 232 OBJECTION by Penske Logistics LLC, Penske Truck Leasing Co LP to Plaintiffs' Deposition Designations (Attachments: #1 Exhibit A, Objections to Plaintiffs' deposition designations for witness, Santos Vicuna, #2 Exhibit B, Objections to Plaintiffs' deposition designations for witness Barbara Helms, #3 Exhibit C, Objections to Plaintiffs' deposition designations for witness Debbie Bloodworth, #4 Exhibit D, Objections to Plaintiffs' deposition designations for witness Terry Cooley, #5 Exhibit E, Objections to Plaintiffs' deposition designations for witness Brett Lowie, #6 Exhibit F, Objections to Plaintiffs' deposition designations for witness Rick Gibson)(Hanson, James) (ag).
December 23, 2013 Filing 231 RESPONSE to Motion re #222 In Limine MOTION to Exclude Reference to Survey Responses to MC Questions filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit 1 - Cited Portions of Dr. Michael J. O'Neil)(Smedstad, Adam) (ag).
December 23, 2013 Filing 230 RESPONSE to Motion re #221 In Limine MOTION to Exclude Reference to Unauthorized Non-Expert "ALP Memo" Inadvertently Produced by Dr. Phillips filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Smedstad, Adam) (ag).
December 23, 2013 Filing 229 RESPONSE to Motion re #220 In Limine MOTION Requesting Fed.R.Evid. 104 Hearing Regarding Admissibility of Driver Dispatch Logs and Contents under Fed.R.Evid. 803 (6) and (7) filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit 1 - Cited Portions of Mickey Lee Dilts Deposition Transcript)(Smedstad, Adam) (ag).
December 23, 2013 Filing 228 RESPONSE to Motion re #219 In Limine MOTION Permitting Summary Testimony of voluminous Records and Limited Use of Electronic Records in Lieu of Paper Records filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit 1 - Plaintiffs' Summary Witness Disclosure, #2 Exhibit 2 - Declaration of Adam C. Smedstad, #3 Exhibit 3 - Cited Portions of April 19, 2013 Transcript of Proceedings)(Smedstad, Adam) (ag).
December 23, 2013 Filing 227 RESPONSE to Motion re #218 In Limine MOTION Preliminary Determination Regarding Plaintiffs' Primia Facie Burden on Liability Where Defendants' Records Show Meals Not Taken or Completed or are Incomplete filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit 1 - Cited Portions of April 19, 2013 Transcript of Proceedings, #2 Exhibit 2 - Plaintiffs' Notice of Intent, #3 Exhibit 3 - Cited Portions of Mickey Lee Dilts Deposition Transcript, #4 Exhibit 4 - Cited Portions of G Michael Phillips Deposition Transcript, #5 Exhibit 5 - Alcantar v. Hobart Serv., Inc.)(Smedstad, Adam) (ag).
December 23, 2013 Filing 226 RESPONSE to Motion re #217 In Limine MOTION to Exclude Testimony Re Time Logged "Off Duty" in XATA filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Smedstad, Adam) (ag).
December 19, 2013 Filing 225 Ex Parte MOTION for Order Modifying Pretrial Order by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of Michael D. Singer, #2 Exhibit 1 to Singer Declaration, #3 Exhibit 2 to Singer Declaration, #4 Exhibit 3 to Singer Declaration, #5 Exhibit 4 to Singer Declaration, #6 Proof of Service)(Singer, Michael) (yeb).
December 16, 2013 Filing 224 NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios of Plaintiffs' Intent to Introduce Deposition Testimony in Lieu of Live Testimony (Attachments: #1 Exhibit 1, Deposition Testimony of Terry Cooley, #2 Exhibit 2, Deposition Testimony of Deborah Bloodworth, #3 Exhibit 3, Deposition Testimony of Rick Gibson, #4 Exhibit 4, Deposition Testimony of Barbara Helm, #5 Exhibit 5, Deposition Testimony of Brett Lowie, #6 Exhibit 6, Deposition Testimony of Santos Vicuna)(Hill, James) (yeb).
December 16, 2013 Filing 223 DECLARATION re #220 In Limine MOTION Requesting Fed.R.Evid. 104 Hearing Regarding Admissibility of Driver Dispatch Logs and Contents under Fed.R.Evid. 803 (6) and (7) , #221 In Limine MOTION to Exclude Reference to Unauthorized Non-Expert "ALP Memo" Inadvertently Produced by Dr. Phillips, #217 In Limine MOTION to Exclude Testimony Re Time Logged "Off Duty" in XATA, #218 In Limine MOTION Preliminary Determination Regarding Plaintiffs' Primia Facie Burden on Liability Where Defendants' Records Show Meals Not Taken or Completed or are Incomplete , #222 In Limine MOTION to Exclude Reference to Survey Responses to MC Questions, #219 In Limine MOTION Permitting Summary Testimony of voluminous Records and Limited Use of Electronic Records in Lieu of Paper Records Omnibus Declaration of J. Jason Jill in Support of Plaintiffs' Motions in Limine Nos. 1 Through 6 by Plaintiffs Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Exhibit 1 through 12, #2 Exhibit 13 through 25)(Hill, James) (yeb).
December 16, 2013 Filing 222 In Limine MOTION to Exclude Reference to Survey Responses to MC Questions by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Hill, James)(yeb).
December 16, 2013 Filing 221 In Limine MOTION to Exclude Reference to Unauthorized Non-Expert "ALP Memo" Inadvertently Produced by Dr. Phillips by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Hill, James) (yeb).
December 16, 2013 Filing 220 In Limine MOTION Requesting Fed.R.Evid. 104 Hearing Regarding Admissibility of Driver Dispatch Logs and Contents under Fed.R.Evid. 803 (6) and (7) by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Hill, James) (yeb).
December 16, 2013 Filing 219 In Limine MOTION Permitting Summary Testimony of voluminous Records and Limited Use of Electronic Records in Lieu of Paper Records by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Hill, James)(yeb).
December 16, 2013 Filing 218 In Limine MOTION Preliminary Determination Regarding Plaintiffs' Primia Facie Burden on Liability Where Defendants' Records Show Meals Not Taken or Completed or are Incomplete by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Hill, James) (yeb).
December 16, 2013 Filing 217 In Limine MOTION to Exclude Testimony Re Time Logged "Off Duty" in XATA by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Hill, James) (yeb).
December 16, 2013 Filing 216 OBJECTION by Penske Logistics LLC, Penske Truck Leasing Co LP to Plaintiffs' Exhibits (Attachments: #1 Exhibit A, Declaration of Adam C. Smedstad)(Hanson, James) (yeb).
December 16, 2013 Filing 215 NOTICE by Penske Logistics LLC, Penske Truck Leasing Co LP OF DEPOSITION DESIGNATION OF RAYMOND RIOS (Attachments: #1 Exhibit 1 - Raymond Rios Deposition Designation Form)(Smedstad, Adam) (yeb).
December 16, 2013 Filing 214 NOTICE by Penske Logistics LLC, Penske Truck Leasing Co LP OF DEPOSITION DESIGNATION OF DAVID BUTZLAFF (Attachments: #1 Exhibit 1 - David Butzlaff Deposition Designation Form)(Smedstad, Adam) (yeb).
December 16, 2013 Filing 213 NOTICE by Penske Logistics LLC, Penske Truck Leasing Co LP OF DEPOSITION DESIGNATION OF CHRISTOPHER GIANNOS (Attachments: #1 Exhibit 1 - Christopher Giannos Deposition Designation Form)(Smedstad, Adam)(yeb).
December 16, 2013 Filing 212 NOTICE by Penske Logistics LLC, Penske Truck Leasing Co LP OF DEPOSITION DESIGNATION OF DONNY DUSHAJ (Attachments: #1 Exhibit 1 - Donny Dushaj Deposition Designation Form)(Smedstad, Adam) (yeb).
December 16, 2013 Filing 211 In Limine MOTION to Preclude Plaintiffs from Offering any Driver or Dispatch Logs of Class Members Who do not Testify at Trial by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit Ex. A Deposition Excerpts from David Butzlaff, #2 Exhibit B, Declaration of Adam C. Smedstad)(Hanson, James) (yeb).
December 16, 2013 Filing 210 NOTICE by Penske Logistics LLC, Penske Truck Leasing Co LP OF DEPOSITION DESIGNATION OF CHARLES JAMES FOLEY (Attachments: #1 Exhibit 1 - Charles James Foley Deposition Designation Form)(Smedstad, Adam)(yeb).
December 16, 2013 Filing 209 NOTICE by Penske Logistics LLC, Penske Truck Leasing Co LP OF DEPOSITION DESIGNATION OF JOSE CONTRERAS (Attachments: #1 Exhibit 1 - Jose Contreras Deposition Designation Form)(Smedstad, Adam) (yeb).
December 16, 2013 Filing 208 NOTICE by Penske Logistics LLC, Penske Truck Leasing Co LP OF DEPOSITION DESIGNATION OF MICKEY LEE DILTS (Attachments: #1 Exhibit 1 - Mickey Lee Dilts Deposition Designation Form)(Smedstad, Adam) (yeb).
December 16, 2013 Filing 207 In Limine MOTION to Preclude Plaintiffs from Calling Any Witnesses not Disclosed During Discovery by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit A, Declaration of Adam C. Smedstad)(Hanson, James) (yeb).
December 16, 2013 Filing 206 In Limine MOTION to Preclude Plaintiffs from Calling Absent Class Members Who Were Not Deposed during Discovery by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit A, Relevant Transcript of April 19, 2013, #2 Exhibit B, Declaration of Adam C. Smedstad)(Hanson, James) (yeb).
December 16, 2013 Filing 205 In Limine MOTION to Exclude Introduction of Expert Opinions Not Contained in Original Reports by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit A, Excerpts of Transcript of Proceedings on April 19, 2013, #2 Exhibit B, Declaration of Adam C. Smedstad)(Hanson, James) (yeb).
December 16, 2013 Filing 204 NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios Plaintiffs' Notice of Non-Objection to Defendants' Trial Exhibits (Hill, James) (yeb).
December 16, 2013 Filing 203 TRIAL BRIEF of Plaintiffs by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Singer, Michael) (yeb).
December 16, 2013 Filing 202 TRIAL BRIEF of Defendants by Penske Logistics LLC, Penske Truck Leasing Co LP. (Hanson, James)(yeb).
December 10, 2013 Opinion or Order Filing 201 ORDER Denying #198 Plaintiffs' Application to Take Trial Testimony via Videoconferencing. Signed by Judge Cathy Ann Bencivengo on 12/10/13. (dlg) (jrl).
December 10, 2013 Filing 200 REPLY to Response to Motion re #198 Ex Parte MOTION For an Order Permitting a Defendant Affiliated Out-of-State Witness to Appear on Live Video-Conference for Trial Testimony filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Hill, James) (dlg).
December 9, 2013 Filing 199 RESPONSE to Motion re #198 Ex Parte MOTION For an Order Permitting a Defendant Affiliated Out-of-State Witness to Appear on Live Video-Conference for Trial Testimony filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Smedstad, Adam) (dlg).
December 5, 2013 Filing 198 Ex Parte MOTION For an Order Permitting a Defendant Affiliated Out-of-State Witness to Appear on Live Video-Conference for Trial Testimony by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of J. Jason Hill, #2 Exhibit 1-8 to Hill Declaration, #3 Proof of Service)(Hill, James) (srm).
November 26, 2013 Opinion or Order Filing 197 ORDER Granting #196 Joint Motion To Advance Certain Deadlines For Pretrial Submissions. Signed by Judge Cathy Ann Bencivengo on 11/26/2013. (yeb)(jrd)
November 25, 2013 Filing 196 Joint MOTION To Advance Certain Deadlines for Pretrial Submissions by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Hill, James) (yeb).
July 25, 2013 Opinion or Order Filing 195 ORDER Setting Trial and Pretrial Procedures: Bench Trial set for 1/13/2014 09:00 AM in Courtroom 4C before Judge Cathy Ann Bencivengo. Motion In Limine Hearing set for 1/3/2014 02:30 PM before Judge Cathy Ann Bencivengo. Exhibit List due by 1/10/2014. Expert Witness List due by 1/10/2014. Signed by Judge Cathy Ann Bencivengo on 7/25/2013.(yeb)
July 22, 2013 Filing 194 MINUTE ORDER: Pursuant to the agreement of the parties, the trial in this case is hereby scheduled for January 13 - 16, 2014 and January 21 - 22, 2014. Order setting trial/pretrial dates and trial procedures to follow. (yeb)
July 18, 2013 Filing 193 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Telephonic Status/Pretrial Conference held on 7/18/2013. Court offers tentative dates for bench trial. Parties are to contact chambers by Monday, July 22, 2013 with agreed upon trial dates.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney James Hill and Michael Singer). (Defendant Attorney James Hanson and Adam Smedstad). (no document attached) (lmh)
July 18, 2013 Filing 192 MINUTE ORDER: This matter is set for a telephonic status conference today, July 18, 2013, at 2:00 p.m.. As recently communicated to counsel James Jason Hill and James H. Hanson, the parties are instructed to call CourtCall at (866)-582-6878 this morning to obtain dial-in instructions for the afternoons call. The parties should provide CourtCall with the names of all attorneys expected to participate in the call.(yeb)
July 15, 2013 Opinion or Order Filing 191 PRETRIAL ORDER. Signed by Judge Cathy Ann Bencivengo on 07/15/2013.(yeb)
July 15, 2013 Opinion or Order Filing 190 ORDER Denying Without Prejudice #163 Motion to Bar Plaintiff's Expert Testimony. Telephonic Status Conference set for 7/18/2013 02:00 PM before Judge Cathy Ann Bencivengo. Signed by Judge Cathy Ann Bencivengo on 7/12/2013. (yeb)(jrd)
May 28, 2013 Filing 189 NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #163 MOTION to Exclude (Motion to Bar Plaintiffs' Expert Testimony and Memorandum in Support), #179 Response in Opposition to Motion, Request for Judicial Notice in Support of Plaintiffs' Opposition to Defendant's Motion to Bar Expert Testimony (Attachments: #1 Exhibit 4, #2 Proof of Service)(Hill, James) (yeb).
April 25, 2013 Filing 188 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Final Pretrial Conference and Motion Hearing) held on 4/19/2013, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee A. Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/16/2013. Redacted Transcript Deadline set for 5/28/2013. Release of Transcript Restriction set for 7/24/2013. (akr)
April 19, 2013 Filing 187 Minute Order of proceedings held before Judge Cathy Ann Bencivengo: Motion Hearing held on 4/19/2013 re #163 MOTION to Exclude (Motion to Bar Plaintiffs' Expert Testimony and Memorandum in Support) filed by Penske Truck Leasing Co LP, Penske Logistics LLC, #174 Ex Parte MOTION to Shorten Time on Plaintiffs' Motion for Leave to Submit Supplemental Expert Report form Phillips, Fractor & Company Pursuant to Rule 26(e)(A) filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios, #170 MOTION to Bifurcate the Liability and Damages Phases of Trial filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios. The Court takes #163 MOTION to Exclude (Motion to Bar Plaintiffs' Expert Testimony and Memorandum in Support) under submission, and upon ruling on this motion, will schedule a final pretrial conference. Court denies as untimely #174 Ex Parte MOTION to Shorten Time on Plaintiffs' Motion for Leave to Submit Supplemental Expert Report form Phillips, Fractor & Company Pursuant to Rule 26(e)(A). Finally, Court grants #170 MOTION to Bifurcate the Liability and Damages Phases of Trial. (Court Reporter Mauralee Ramirez). (Plaintiff Attorney Michael D. Singer and James Jason Hill).(Defendant Attorney Adam C. Smedstad and James H. Hanson). (no document attached) (lmh)
April 17, 2013 Filing 186 NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #179 Response in Opposition to Motion, Notice of Errata (Attachments: #1 Exhibit A - corrected Opposition, #2 Proof of Service)(Hill, James)(yeb).
April 17, 2013 Filing 185 NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #181 Reply to Response to Motion, Notice of Errata (Attachments: #1 Exhibit A - corrected Reply Brief, #2 Proof of Service)(Hill, James) (yeb).
April 17, 2013 Filing 184 NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #172 Memorandum of Facts and Contentions of Law, Notice of Errata (Attachments: #1 Exhibit A - corrected Memorandum, #2 Proof of Service)(Hill, James) (yeb).
April 15, 2013 Filing 183 RESPONSE in Opposition re #174 Ex Parte MOTION to Shorten Time on Plaintiffs' Motion for Leave to Submit Supplemental Expert Report form Phillips, Fractor & Company Pursuant to Rule 26(e)(A) filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit A - Philliphs Deposition Excerpts, #2 Exhibit B - Transcript of Proceedings - January 9, 2013)(Hanson, James) (yeb).
April 15, 2013 Filing 182 NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #163 MOTION to Exclude (Motion to Bar Plaintiffs' Expert Testimony and Memorandum in Support) Request for Judicial Notice in Support of Plaintiffs' Opposition to Defendants' Motion to Bar Expert Testimony (Attachments: #1 Exhibit 1 through 3, #2 Proof of Service)(Hill, James)(yeb).
April 12, 2013 Filing 181 REPLY to Response to Motion re #170 MOTION to Bifurcate the Liability and Damages Phases of Trial filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of J. Jason Hill, #2 Exhibit 1-12 to Declaration of J. Jason Hill, #3 Declaration of Service)(Hill, James) (yeb).
April 12, 2013 Filing 180 REPLY to Response to Motion re #163 MOTION to Exclude (Motion to Bar Plaintiffs' Expert Testimony and Memorandum in Support) filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit 1 - Alcantar Opinions, #2 Exhibit 2 - O'Neil Deposition Pages, #3 Exhibit 3 - Davis and Foley Deposition Pages, #4 Exhibit 4 - Phillips Deposition Pages)(Hanson, James) (yeb).
April 5, 2013 Filing 179 RESPONSE in Opposition re #163 MOTION to Exclude (Motion to Bar Plaintiffs' Expert Testimony and Memorandum in Support) filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of J. Jason Hill, #2 Exhibit 1-11 to Hill Dec, #3 Declaration of Dr. O'Neil, #4 Declaration of Dr. Phillips, #5 Appendix A-B to Phillips Dec, #6 Proof of Service)(Hill, James) (yeb).
April 5, 2013 Filing 178 RESPONSE to Motion re #170 MOTION to Bifurcate the Liability and Damages Phases of Trial filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Hanson, James)(yeb).
April 5, 2013 Filing 177 NOTICE of Non-Compliance with Local Rule 5.1(a) Legibility, re #175 Response in Opposition to Motion, filed by Penske Truck Leasing Co LP, Penske Logistics LLC (knb)
April 4, 2013 Opinion or Order Filing 176 ORDER granting #174 Ex Parte MOTION to Shorten Time on Plaintiffs' Motion for Leave to Submit Supplemental Expert Report form Phillips, Fractor & Company Pursuant to Rule 26(e)(A). Responses due by 4/15/2013, Motion Hearing set for 4/19/13 at 1:00PM before Judge Cathy Ann Bencivengo.(cge)
April 4, 2013 Filing 175 RESPONSE in Opposition re #174 Ex Parte MOTION to Shorten Time on Plaintiffs' Motion for Leave to Submit Supplemental Expert Report form Phillips, Fractor & Company Pursuant to Rule 26(e)(A) filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit A, Deposition Excerpts from G. Michael Phillips)(Hanson, James) (knb).
March 29, 2013 Filing 174 Ex Parte MOTION to Shorten Time on Plaintiffs' Motion for Leave to Submit Supplemental Expert Report form Phillips, Fractor & Company Pursuant to Rule 26(e)(A) by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of J. Jason Jill, #3 Exhibit A to Hill Declaration, #4 Exhibit B to Hill Declaration, #5 Declaration of Service)(Hill, James) (yeb).
March 26, 2013 Filing 173 Minute Entry per chambers the hearing time the MOTION to Bifurcate the Liability and Damages Phases of Trial, #170 ; the MOTION to Exclude (Motion to Bar Plaintiffs' Expert Testimony and Memorandum in Support) #163 and Final Pretrial Conference are set for 4/19/2013 at 01:00 PM before Judge Cathy Ann Bencivengo.(no document attached) (yeb)
March 22, 2013 Filing 172 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Exhibit 1 - Plaintiff Exhibit List, #2 Exhibit 2 - Plaintiff Witness List, #3 Exhibit 3 - Plaintiff Expert Designation, #4 Proof of Service)(Hill, James) (yeb).
March 22, 2013 Filing 171 NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios Notice of Waiver of Jury Demand (Attachments: #1 Proof of Service)(Hill, James) (yeb).
March 22, 2013 Filing 170 MOTION to Bifurcate the Liability and Damages Phases of Trial by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Proof of Service)(Hill, James)(yeb).
March 22, 2013 Filing 169 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Penske Logistics LLC, Penske Truck Leasing Co LP. (Hanson, James) (yeb).
March 5, 2013 Opinion or Order Filing 168 ORDER denying #162 Motion to Reconsider Denial of Motion of Class Certification #161 . Signed by Judge Cathy Ann Bencivengo on 03/05/2013. (yeb)
February 26, 2013 Filing 167 REPLY to Response to Motion re #162 MOTION for Reconsideration re #161 Order on Motion to Certify, filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit 1 - Michael Phillips Dep. Pages)(Hanson, James)(yeb).
February 19, 2013 Filing 166 RESPONSE in Opposition re #162 MOTION for Reconsideration re #161 Order on Motion to Certify, filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of Service)(Hill, James) (yeb).
February 12, 2013 Filing 165 MINUTE ORDER: The Court finds this matter suitable for submission without oral argument. Motions Submitted #162 MOTION for Reconsideration re #161 Order on Motion to Certify, . Responses due by 2/19/2013, Replies due by 2/26/2013.(yeb)
February 11, 2013 Filing 164 MINUTE ORDER: Final Pretrial Conference is continued to 4/19/2013 02:30 PM in Courtroom 4C before Judge Cathy Ann Bencivengo.(yeb)(jrd)
February 8, 2013 Filing 163 MOTION to Exclude (Motion to Bar Plaintiffs' Expert Testimony and Memorandum in Support) by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hanson, James)(yeb). QC Mailer sent for not Memo of P's and A's.
February 8, 2013 Filing 162 MOTION for Reconsideration re #161 Order on Motion to Certify, by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hanson, James) (yeb). QC Mailer sent for no Memo of P's and A's.
January 17, 2013 Opinion or Order Filing 161 ORDER Denying #140 Motion to Decertify Class. IT IS SO ORDERED Penske's Motion to Decertify the Class is DENIED. Any motions challenging expert witness testimony and evidence shall be filed on or before February 8, 2013. Plaintiffs' request for judicial notice [Doc. No. #156 ] is GRANTED, however their subsequent request for judicial notice [Doc. No. #158 ] is DENIED AS MOOT. Signed by Judge Cathy Ann Bencivengo on 01/17/2013. (yeb)(jrd)
January 16, 2013 Filing 160 OBJECTION by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #159 Notice (Other) Objection and Motion to Strike Supplemental Brief (Attachments: #1 Proof of Service)(Hill, James) (yeb).
January 16, 2013 Filing 159 NOTICE by Penske Logistics LLC, Penske Truck Leasing Co LP re #158 Request for Judicial Notice Supplemental Authority In Response (Attachments: #1 Exhibit)(Smedstad, Adam) (yeb).
January 16, 2013 Filing 158 REQUEST FOR JUDICIAL NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #141 Response in Opposition to Motion (Attachments: #1 Exhibit B, #2 Proof of Service)(Singer, Michael)(yeb).
January 9, 2013 Filing 157 Minute Order for proceedings held before Judge Cathy Ann Bencivengo: Motion Hearing held on 1/9/2013 re #140 MOTION TO DECERTIFY filed by Penske Truck Leasing Co LP, Penske Logistics LLC. Motion taken under submission by the court; order to follow. (Court Reporter Mauralee Ramirez).(Plaintiff Attorney Michael Singer).(Defendant Attorney Adam Smedstad and James Hanson). (no document attached) (lmh)
December 24, 2012 Filing 156 REQUEST FOR JUDICIAL NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #141 Response in Opposition to Motion (Attachments: #1 Exhibit A, #2 Proof of Service)(Singer, Michael)(yeb).
November 27, 2012 Filing 155 REPLY to Response to Motion re #140 MOTION TO DECERTIFY filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hanson, James) (leh).
November 20, 2012 Opinion or Order Filing 154 ORDER granting #152 Joint Motion for Additional Time. Defendants are given an additional three (3) days until 11/27/2012 to file their Reply in support of #140 Motion of Decertification. Signed by Judge Cathy Ann Bencivengo on 11/20/2012. (ag) (jrl).
November 19, 2012 Filing 153 MINUTE ORDER: The hearing on the Motion to Decertify [Doc. No. #140 ] currently scheduled for December 7, 2012, is CONTINUED to January 9, 2013 at 2:00 pm. in courtroom 2 before Hon. Cathy Ann Bencivengo.(yeb) (jrl).
November 19, 2012 Filing 152 Joint MOTION for Extension of Time to File Response/Reply by Penske Logistics LLC, Penske Truck Leasing Co LP. (Smedstad, Adam) (yeb).
November 16, 2012 Filing 151 MINUTE ORDER: The hearing on the Motion to Decertify [Doc. No. #140 ] currently scheduled for November 29, 2012, is CONTINUED to December 7, 2012 at 2:00 pm. in Courtroom 2 before Hon. Cathy Ann Bencivengo. All previously-set deadlines shall remain in place.(yeb)(jrd)
November 12, 2012 Filing 150 NOTICE of Technical Failure by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #140 MOTION TO DECERTIFY (Hill, James)(yeb).
November 12, 2012 Filing 149 DECLARATION re #148 Notice (Other), #146 Notice (Other), #147 Notice (Other), Declaration of Service by Plaintiffs Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Hill, James) (yeb).
November 12, 2012 Filing 148 NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #144 Declaration Plaintiffs' Notice of Attached Exhibits 35-63 to the Declaration of J. Jason Hill in Support of Plaintiffs' Opposition to Defendants' Motion to Decertify (Attachments: #1 Exhibit 35-37, #2 Exhibit 38-41, #3 Exhibit 42-49, #4 Exhibit 50-57, #5 58, #6 Exhibit 59-63)(Hill, James)(yeb).
November 12, 2012 Filing 147 NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #144 Declaration Plaintiffs' Notice of Attached Exhibit 34 to the Declaration of J. Jason Hill in Support of Plaintiffs' Opposition to Defendants' Motion to Decertify (Attachments: #1 Exhibit 34 (Part 1), #2 Exhibit 34 (Part 2), #3 Exhibit 34 (Part 3))(Hill, James) (yeb).
November 12, 2012 Filing 146 NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #144 Declaration Notice of Attached Exhibits 1-33 to the Declaration of J. Jason Hill in Support of Plaintiffs' Opposition to Defendants' Motion to Decertify (Attachments: #1 Exhibit 1-13, #2 Exhibit 14-26, #3 Exhibit 27-33)(Hill, James) (jpp).
November 9, 2012 Filing 145 CERTIFICATE OF SERVICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #143 Response - Other, #142 Notice of Lodgment, #144 Declaration, #141 Response in Opposition to Motion (Hill, James) (yeb).
November 9, 2012 Filing 144 DECLARATION re #140 MOTION TO DECERTIFY Declaration of J. Jason in Support of Plaintiffs' Opposition to Defendants' Motion to Decertify by Plaintiffs Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Hill, James) (yeb).
November 9, 2012 Filing 143 RESPONSE re #140 MOTION TO DECERTIFY Plaintiffs' Compendium of Facts and Evidence in Support of Plaintiffs' Opposition to Defendants' Motion to Decertify filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Singer, Michael)(yeb).
November 9, 2012 Filing 142 NOTICE of Lodgment by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #140 MOTION TO DECERTIFY Notice of Lodgment of Cited Authorities in Support of Plaintiffs' Opposition to Defendants' Motion to Decertify (Attachments: #1 Exhibit 1-10 to Notice of Lodgment of Cited Authorities)(Singer, Michael) (yeb).
November 9, 2012 Filing 141 RESPONSE in Opposition re #140 MOTION TO DECERTIFY filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Singer, Michael)(yeb).
October 24, 2012 Filing 140 MOTION TO DECERTIFY by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Decertify, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(Hanson, James)(yeb).
August 28, 2012 Filing 139 AMENDED Schedule Regulating Discovery and Pretrial Proceedings. Signed by Magistrate Judge Barbara Lynn Major on 08/28/2012. (yeb)(jrd)
August 24, 2012 Filing 138 Joint MOTION for Amended Schedule Regulating Discovery and Pretrial Proceedings by Penske Logistics LLC, Penske Truck Leasing Co LP. (Smedstad, Adam) (leh).
July 27, 2012 Opinion or Order Filing 137 ORDER Granting In Part #134 Ex Parte Motion To Modify the Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings. Signed by Magistrate Judge Barbara Lynn Major on 7/27/2012. (yeb)(jrd)
July 26, 2012 Filing 136 REPLY to Response to Motion re #134 Ex Parte MOTION for an Order Modifying Case Management Order re #131 Scheduling Order,, filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Proof of Service)(Singer, Michael)(yeb).
July 26, 2012 Filing 135 RESPONSE in Opposition re #134 Ex Parte MOTION for an Order Modifying Case Management Order re #131 Scheduling Order,, filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hanson, James) (yeb).
July 25, 2012 Filing 134 Ex Parte MOTION for an Order Modifying Case Management Order re #131 Scheduling Order,, by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Declaration of Service)(Singer, Michael)(yeb).
June 12, 2012 Filing 133 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) for date of 3/22/2012 before Judge Cathy Ann Bencivengo, re #128 Notice of Appeal. Court Reporter/Transcriber: Mauralee A. Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 7/3/2012. Redacted Transcript Deadline set for 7/13/2012. Release of Transcript Restriction set for 9/10/2012. (akr)
May 9, 2012 Filing 132 TRANSCRIPT DESIGNATION AND ORDERING FORM by Mickey Lee Dilts, Donny Dushaj, Ray Rios for proceedings held on 10/13/11 and 03/22/12 re #128 Notice of Appeal. (Hill, James). (akr).
April 20, 2012 Opinion or Order Filing 131 Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings: Telephonic Case Management Conference held 4/18/12 at 9:00AM. Motion to Decertify due 9/27/12, opposition due 10/18/12, reply due 11/1/12, hearing on Motion to Decertify set for 11/8/12 at 2:00PM before Judge Cathy Ann Bencivengo (per BLM chambers). Proposed Pretrial Order due by 3/29/2013. Final Pretrial Conference set for 4/5/2013 02:00 PM before Judge Cathy Ann Bencivengo. Signed by Magistrate Judge Barbara Lynn Major on 4/19/12.(cge)(jrd)
April 19, 2012 Filing 130 USCA Time Schedule Order as to #128 Notice of Appeal, filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 5/18/2012 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 6/18/2012.) (cc: Court Reporters). (Attachments: #1 Transcript Designation and Ordering Form). (akr)
April 19, 2012 Filing 129 USCA Case Number 12-55705 for #128 Notice of Appeal, filed by Donny Dushaj, Mickey Lee Dilts, Ray Rios. (akr)
April 18, 2012 Filing 128 NOTICE OF APPEAL as to #125 Order granting Motion for Entry of Judgment under Rule 54(b), by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Filing fee $ 455 receipt number 0974-4655560.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Declaration of Service)(Hill, James). Modified docket text on 4/18/2012. (akr).
April 18, 2012 Filing 127 Minute Order for proceedings held before Magistrate Judge Barbara Lynn Major:(T)Case Management Conference held on 4/18/2012. Case did not settle. Order to follow. (Plaintiff Attorney James Jason Hill, Michael D Singer).(Defendant Attorney James Hanson). (bll)
March 28, 2012 Opinion or Order Filing 126 ORDER Setting Case Management Conference: Telephonic Case Management Conference set for 4/18/2012 09:00 AM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 03/28/2012.(yeb)
March 22, 2012 Opinion or Order Filing 125 ORDER Granting #118 Motion for Entry of Judgment Under Rule 54(b). Signed by Judge Cathy Ann Bencivengo on 03/22/2012. (yeb)(jrd)
March 22, 2012 Opinion or Order Filing 124 ORDER Following Status Conference. Signed by Judge Cathy Ann Bencivengo on 03/22/2012. (yeb) Modified on 3/23/2012 to correct docket text (yeb). (Main Document 124 replaced on 3/23/2012; NEF regenerated to all parties in the case) (yeb)(jrd)
March 22, 2012 Filing 123 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Motion Hearing held on 3/22/2012 re #118 MOTION for Entry of Judgment under Rule 54(b) filed by Penske Truck Leasing Co LP, Penske Logistics LLC. Court grants #118 MOTION for entry of Judgment under Rule 54(b). Order to follow. (Court Reporter Mauralee Ramirez).(Plaintiff Attorney Jason Hill and Michael Singer). (Defendant Attorney James Hanson (telephonically) and Chris McNatt). (lmh)
March 20, 2012 Filing 122 TENTATIVE ruling on MOTION for Entry of Judgment under Rule 54(b) [Doc. No. 118.] The Court's tentative is to grant the motion. The hearing on Thursday, March 22, 2012 at 1:30 PM remains on calendar before Judge Cathy Ann Bencivengo in Courtroom 2. The parties should be prepared to discuss their respective proposals for proceeding with the case.(bfg)
March 8, 2012 Filing 121 NON Opposition re #118 MOTION for Entry of Judgment under Rule 54(b) filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Proof of Service)(Hill, James)(yeb).
February 15, 2012 Opinion or Order Filing 120 ORDER TRANSFERRING CASE: This Case is transferred from the calendar of the Honorable Janis L. Sammartino to the calendar of the Honorable Cathy Ann Bencivengo. All pending motion dates, pretrial and trial dates scheduled on Judge Sammartino's calendar shall be transferred to Judge Bencivengo's calendar. The new case number is 08cv318 CAB(BLM). Signed by Judge Janis L. Sammartino on 2/15/12.(lmt)
January 3, 2012 Opinion or Order Filing 119 ORDER Vacating Hearing: the status hearing set for 1/5/12 is HEREBY VACATED as unnecessary at this time. Signed by Judge Janis L. Sammartino on 1/3/12.(lmt)(jrd)
December 7, 2011 Filing 118 MOTION for Entry of Judgment under Rule 54(b) by Penske Logistics LLC, Penske Truck Leasing Co LP. (Hanson, James) (lmt).
November 8, 2011 Opinion or Order Filing 117 ORDER granting #116 Joint Motion to Continue Status Hearing: The Status Hearing set for 12/8/11 is continued to 1/5/2012 at 01:30 PM in Courtroom 06. Signed by Judge Janis L. Sammartino on 11/8/11. (lmt) (jrl).
November 7, 2011 Filing 116 Joint MOTION to Continue Status Hearing by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of Service)(Hill, James) (lmt).
October 31, 2011 Opinion or Order Filing 115 ORDER: (1) denying #113 Plaintiff's Motion to Append Order granting Partial Summary Judgment; (2) Setting Status Hearing: The parties SHALL APPEAR before this Court on 12/8/11 at 1:30 PM in Courtroom 6. The parties SHALL BE PREPARED to discuss their plans for moving this case to a full conclusion, including setting the necessary pre-trial dates. Signed by Judge Janis L. Sammartino on 10/31/11. (lmt)(jrd)
October 28, 2011 Filing 114 RESPONSE in Opposition re #113 Ex Parte MOTION Emergency Application Requesting Court to Append Order Granting Partial Summary Judgment to Interlocutory Appeal re #112 Order on Motion for Summary Judgment, Order on Motion to Strike, filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Hanson, James) (lmt).
October 27, 2011 Filing 113 Ex Parte MOTION Emergency Application Requesting Court to Append Order Granting Partial Summary Judgment to Interlocutory Appeal re #112 Order on Motion for Summary Judgment, Order on Motion to Strike,, by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of Service)(Hill, James) (lmt).
October 19, 2011 Opinion or Order Filing 112 ORDER: (1) Granting #108 Plaintiff's Request for Judicial Notice, (2) Denying #93 Plaintiff's Motion to Strike, and (3) Granting #87 Defendants' Motion for Partial Summary Judgment. Signed by Judge Janis L. Sammartino on 10/19/2011. (mtb)(jrd)
October 18, 2011 Filing 111 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 10/13/2011, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Melissa A. Pierson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/8/2011. Redacted Transcript Deadline set for 11/18/2011. Release of Transcript Restriction set for 1/17/2012. (akr)
October 13, 2011 Filing 110 Minute Order for proceedings held before Judge Janis L. Sammartino : Hearing on motion for summary judgment #87 and to strike #93 held and taken under submission; Court to issue written order (Court Reporter Melissa Pierson / CRD A Ramos / Plaintiff Attorney James Jason Hill / Defendant Attorney Jim Hanson) (acr)
October 11, 2011 Filing 109 RESPONSE re #108 Supplemental Document, Opposition to Plaintiffs' Supplemental Request for Judicial Notice in Support of Plaintiffs' Opposition to Defendants' Motion for Partial Summary Judgment filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Hanson, James) (lmt).
October 10, 2011 Filing 108 SUPPLEMENTAL DOCUMENT by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #92 Response in Opposition to Motion, Supplemental Request for Judicial Notice in Support of Opposition. (Attachments: #1 Exhibit 7 to Supplemental RJN, #2 Proof of Service)(Hill, James) (lmt).
October 6, 2011 Opinion or Order Filing 107 ORDER resetting hearing time on #93 MOTION to Strike and #87 MOTION for Summary Judgment (Partial). The Court on its own motion vacates and resets the hearing for Thursday, October 13, 2011 at 9:30am. Signed by Judge Janis L. Sammartino on 10/6/11.(kaj)
September 27, 2011 Opinion or Order Filing 106 ORDER granting #105 Joint Motion Regarding Sensitive Class Member Data with Modification: Paragraph 4 shall read as follows: "Neither Plaintiffs' counsel, nor agents/experts employed by Plaintiffs' counsel, will be permitted to make copies of the disc, nor may the encrypted file be transferred to any computer hard drive." Signed by Magistrate Judge Barbara Lynn Major on 9/27/11. (lmt)
September 27, 2011 Filing 105 Joint MOTION Regarding Release of Sensitive Class Member Data by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Proof of Service)(Hill, James) (lmt).
September 12, 2011 Filing 104 RESPONSE in Opposition re #93 MOTION to Strike Declarations of Edward Kitt and Ray Russell filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit A, 6-29-11 e-mail between counsel)(Hanson, James) (lmt).
August 22, 2011 Opinion or Order Filing 103 ORDER Vacating Hearing: The Court, on its own motion, HEREBY VACATES the 8/25/11 status hearing. The Court will reset the status hearing after it rules on Defendants' summary judgment motion. Signed by Judge Janis L. Sammartino on 8/22/11.(lmt)(jrd)
July 21, 2011 Opinion or Order Filing 102 ORDER granting in part and denying in part #91 Plaintiffs' Motion to Compel: the Court GRANTS Plaintiffs' motion to compel Defendants to comply with the document requests on or before 7/27/11. Plaintiffs' request "that the Court enter an Order specifically compelling Defendants to respond to the interrogatories at issue" is DENIED. Signed by Magistrate Judge Barbara Lynn Major on 7/21/11. (lmt)(jrd)
July 18, 2011 Opinion or Order Filing 101 ORDER Continuing Hearing as to #93 MOTION to Strike: The hearing on the Motion is continued to 10/13/2011 at 01:30 PM in Courtroom 06. Signed by Judge Janis L. Sammartino on 7/18/11.(lmt)
July 11, 2011 Filing 100 RESPONSE in Support re #91 MOTION to Compel Responses to Discovery Statement in Support of Motion to Compel filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Hill, James) (lmt).
July 5, 2011 Filing 99 REPLY to Response to Motion re #87 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit C, e-mail between the parties)(Hanson, James) (lmt).
July 1, 2011 Filing 98 REPLY to Response to Motion re #91 MOTION to Compel Responses to Discovery filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Notice of Lodgment of Exhibits (Supplemental), #2 Exhibit A-C to Plaintiffs' Supplemental Notice of Lodgment, #3 Proof of Service)(Hill, James) (lmt).
June 30, 2011 Opinion or Order Filing 97 ORDER Continuing Hearing as to #87 MOTION for Partial Summary Judgment: On its own motion, the Court HEREBY CONTINUES the hearing on Defendants' motion for partial summary judgment to 10/13/11, at 1:30 PM in Courtroom 6. Signed by Judge Janis L. Sammartino on 6/30/11.(lmt)(jrd)
June 28, 2011 Filing 96 CERTIFICATE OF SERVICE by Penske Logistics LLC, Penske Truck Leasing Co LP re #95 Affidavit (Hanson, James) (lmt).
June 27, 2011 Filing 95 AFFIDAVIT re #94 Response in Opposition to Motion, (Exhibit A - Signed Affidavit of Tracy Schrey) by Defendants Penske Logistics LLC, Penske Truck Leasing Co LP. (Hanson, James) (atty contacted re cert of service) (lmt).
June 24, 2011 Filing 94 RESPONSE in Opposition re #91 MOTION to Compel Responses to Discovery Responses filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Exhibit A, Declaration of Tracy Schrey)(Hanson, James) (atty contacted re dec not signed)(lmt).
June 20, 2011 Filing 93 Motion to Strike and OBJECTION by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #87 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) Objections to Declarations of Edward Kitt and Ray Russell. (Attachments: #1 Declaration of Service)(Hill, James) Modified to correct event on 6/21/2011 (lmt).
June 20, 2011 Filing 92 RESPONSE in Opposition re #87 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of J. Jason Hill, #2 Request for Judicial Notice, #3 Exhibit 1-6 to Request for Judicial Notice, #4 Notice of Lodgment of Exhibits, #5 Exhibit A-M to Notice of Lodgment of Exhibits, #6 Statement of Facts, #7 Declaration of Service)(Hill, James) (lmt).
June 17, 2011 Filing 91 MOTION to Compel Responses to Discovery by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of J. Jason Hill, #3 Notice of Lodgment of Exhibits, #4 Exhibit 1-9 to the Notice of Lodgment of Exhibits, #5 Proof of Service)(Hill, James) (missing hearing date and time) (lmt).
June 9, 2011 Opinion or Order Filing 90 ORDER Setting Briefing Schedule: On 6/9/11, counsel for both parties jointly contacted the Court regarding a discovery dispute. Plaintiffs shall file their motion on 6/17/11. Defendants shall file any opposition on or before 6/24/11. Plaintiffs shall file a reply on or before 7/1/11. The Court will then take the matter under submission. Signed by Magistrate Judge Barbara Lynn Major on 6/9/11.(lmt)(jrd)
May 16, 2011 Opinion or Order Filing 89 ORDER Setting Briefing Schedule as to #87 MOTION for Summary Judgment (Partial): Responses due by 6/20/2011 and Replies due by 7/5/2011. Signed by Judge Janis L. Sammartino on 5/16/11.(lmt)(jrd)
May 12, 2011 Opinion or Order Filing 88 ORDER granting #86 Ex Parte Motion for Leave to File Excess Pages: Defendants' 30 page memorandum is accepted for filing notwithstanding the page limits of Civil Local Rule. Signed by Judge Janis L. Sammartino on 5/12/11. (lmt)(jrd)
May 11, 2011 Filing 87 MOTION for Summary Judgment (Partial) by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A - Declaration of Edward Kitt, #3 Exhibit B - Declarationof Ray Russell)(Hanson, James) (lmt).
May 3, 2011 Filing 86 Ex Parte MOTION for Leave to File Excess Pages for Memorandum of Points and Authorities in Support of Motion for Summary Judgment by Penske Logistics LLC, Penske Truck Leasing Co LP. (Hanson, James) (lmt).
February 10, 2011 Filing 85 Minute Entry for proceedings held before Judge Janis L. Sammartino: Status Hearing held on 2/10/2011. Defendant to file a dispositive motion within 90 days. Discovery cutoff date set for 8/10/2011. Status Hearing continued to 8/25/2011 01:30 PM in Courtroom 06 before Judge Janis L. Sammartino.(Court Reporter Gayle Wakefield).(Plaintiff Attorney James Hill and Michael Singer). (Defendant Attorney James Hanson). (smv)
February 4, 2011 Opinion or Order Filing 84 ORDER Rescheduling Status Hearing: The Court reschedules the Status Hearing set for 2/11/11 to 2/10/2011 at 01:30 PM in Courtroom 06 before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 2/4/11.(lmt)
January 13, 2011 Opinion or Order Filing 83 ORDER granting #82 Joint Motion to Continue Status Conference: The Status Conference set for 1/14/11 is continued to 2/11/2011 at 03:00 PM in Courtroom 06 before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 1/13/11. (lmt) (av1).
January 11, 2011 Filing 82 Joint MOTION to Continue January 14, 2011 Status Conference by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Proof of Service)(Singer, Michael) (lmt).
January 6, 2011 Opinion or Order Filing 81 ORDER Setting Status Hearing: A Status Hearing is set for 1/14/2011 at 03:00 PM in Courtroom 06 before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 1/6/11.(lmt)(mam).
October 22, 2010 Filing 80 NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #79 Ex Parte MOTION for an Order Compelling Compliance with Prior Order Re: Notice to Class, or in the alternative, an Order to Show Cause of Withdrawal of Plaintiffs' Ex Parte Application (Attachments: #1 Proof of Service)(Hill, James) (lmt).
October 21, 2010 Filing 79 WITHDRAWN PER #80 - Ex Parte MOTION for an Order Compelling Compliance with Prior Order Re: Notice to Class, or in the alternative, an Order to Show Cause by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of J. Jason Hill, #2 Exhibit 1 to Hill Declaration, #3 Exhibit 2 to Hill Declaration, #4 Exhibit 3 to Hill Declaration, #5 Exhibit 4 to Hill Declaration, #6 Exhibit 5 to Hill Declaration, #7 Exhibit 6 to Hill Declaration, #8 Proof of Service)(Hill, James) (lmt). Modified to term motion on 10/25/2010 (lmt).
August 23, 2010 Opinion or Order Filing 78 ORDER granting #77 Joint Motion to Provide Notice of Class Certification to Class Members. Signed by Judge Janis L. Sammartino on 8/23/10. (lmt) (av1).
August 19, 2010 Filing 77 Joint MOTION to Provide Notice of Class Action Certification to Class Members by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Exhibit A- Notice of Class Action, #2 Proof of Service)(Hill, James) (lmt).
July 26, 2010 Opinion or Order Filing 76 ORDER of USCA in USCA Case No. 10-80105. The USCA, in its discretion, denies the petition for permission to appeal the USDC's April 26, 2010 order granting class action certification. (akr)
May 14, 2010 Opinion or Order Filing 75 ORDER Certifying Additional Subclass: Having fully reviewed and considered the proposed additional subclass definition and finding it appropriate for certification, the Court certifies Plaintiffs' UCL subclass. Signed by Judge Janis L. Sammartino on 5/14/2010.(mkz) (jrl).
May 10, 2010 Filing 74 USCA Case Number 10-80105 for Petition for Permission to Appeal under 23(f) filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (akr)
May 7, 2010 Filing 73 NOTICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios Plaintiffs' [Proposed] Class Definition for the UCL Subclass (Business & Professions Code section 1700) per Order dated April 26, 2010 (Attachments: #1 Proof of Service)(Hill, James) (mkz).
April 26, 2010 Opinion or Order Filing 72 ORDER granting #55 Motion for Class Certification. Court certifies the proposed class and subclasses. Plaintiffs shall submit a proposed subclass definition for the Section 17200 subclass within 14 days of the date this Order is docketed. Signed by Judge Janis L. Sammartino on 4/26/2010. (jah) (jrl).
March 31, 2010 Filing 71 RESPONSE in Support re #55 MOTION to Certify Renewed Motion for Class Certification and in Response to Defendants' Supplemental Opposition to Renewed Motion for Class Certification filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Proof of Service)(Hill, James) (mkz).
March 30, 2010 Filing 69 RESPONSE in Opposition re #55 MOTION to Certify Renewed Motion for Class Certification (Supplemental Opposition) filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Hanson, James) (jrl).
March 29, 2010 Opinion or Order Filing 68 ORDER Granting Defendants' #67 Ex Parte Motion for Leave to File Supplemental Opposition to Plaintiffs' Renewed Motion for Class Certification: Defendants shall file their Supplemental Opposition not to exceed three pages by 3/31/2010. Plaintiffs may file a response also not to exceed three pages by 4/7/2010. Signed by Judge Janis L. Sammartino on 3/29/10. (mkz)
March 29, 2010 Filing 67 Ex Parte MOTION for Leave to File Supplemental Opposition to Plaintiffs' Renewed Motion for Class Certification by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Supplement Supplemental Opposition)(Hanson, James) (mkz).
March 25, 2010 Filing 70 Minute Entry for proceedings held before Judge Janis L. Sammartino: Hearing on Motion to Certify Renewed Motion for Class Certification #55 held and taken under submission (Court Reporter Gayle Wakefield / CRD A Ramos / Plaintiff Attorney James Hill & Michael D. Singer / Defendant Attorney James Hanson) (acr)
March 2, 2010 Opinion or Order Filing 66 ORDER Granting Plaintiff's #64 Ex Parte Application to Increase Page Limit of Plaintiff's Reply Brief in Support of Renewed Motion for Class Certification. Signed by Judge Janis L. Sammartino on 3/2/10. (mkz) (jrl).
February 26, 2010 Filing 65 REPLY to Response to Motion re #55 MOTION to Certify Renewed Motion for Class Certification filed by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of J. Jason Hill, #2 Appendix of Common Questions of Law and Fact Appropriate for Class Certification and Class-Wide Determination Under F.R.C.P. 23, #3 Request for Judicial Notice in Support of Plaintiffs' Reply, #4 Exhibit 1 to Request for Judicial Notice, #5 Exhibit 2 to Request for Judicial Notice, #6 Exhibit 3 to Request for Judicial Notice, #7 Exhibit 4 to Request for Judicial Notice, #8 Proof of Service)(Hill, James) (mkz).
February 26, 2010 Filing 64 Ex Parte MOTION for Leave to File Excess Pages of Plaintiffs' Reply Brief in Support of Renewed Motion for Class Certification by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of J. Jason Jill, #2 Proof of Service)(Hill, James) (mkz).
February 12, 2010 Filing 63 RESPONSE in Opposition re #55 MOTION to Certify Renewed Motion for Class Certification filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Attachments: #1 Appendix to Exhibits, #2 Exhibit A, Declaration of Terry Cooley, #3 Exhibit B, Rios deposition pages, #4 Exhibit C, Dushaj deposition pages, #5 Exhibit D, Dilts deposition pages, #6 Exhibit E, Butzlaff deposition pages, #7 Exhibit F, Giannos deposition pages, #8 Exhibit G, Conteras deposition pages, #9 Exhibit H, Davis deposition pages, #10 Exhibit I, Seymour v. McLane Company, #11 Exhibit J, Declaration Elaine Reardon, Ph.D.)(Hanson, James) (mkz).
January 6, 2010 Opinion or Order Filing 62 ORDER Granting #61 Joint Motion to Modify Briefing Schedule: Defendants' opposition to Plaintiffs' #55 Renewed Motion for Class Certification is due 2/12/10, Plaintiffs' reply is due 2/26/10. Signed by Judge Janis L. Sammartino on 1/6/10. (mkz)(jrl).
January 6, 2010 Filing 61 Joint MOTION for Extension of Time to File Briefs by Penske Logistics LLC, Penske Truck Leasing Co LP. (Hanson, James) (mkz).
December 28, 2009 Opinion or Order Filing 60 ORDER Setting Briefing Schedule: The Court set a hearing date of 3/25/10 for Plaintiffs' renewed motion for class certification. Responses due by 1/14/2010, Replies due by 1/28/2010. Signed by Judge Janis L. Sammartino on 12/28/09.(mkz) (kaj).
December 21, 2009 Filing 59 AMENDED CERTIFICATE OF SERVICE by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #58 Notice Regarding Exhibit Attachment, #56 Notice Regarding Exhibit Attachment, #57 Notice Regarding Exhibit Attachment, #55 MOTION to Certify Renewed Motion for Class Certification (Hill, James). Modified on 12/22/2009 - Added "Amended" to text (jah).
December 21, 2009 Filing 58 NOTICE Regarding Exhibit Attachment by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #55 MOTION to Certify Renewed Motion for Class Certification Exhibits Attached to Declaration of J. Jason Hill (Attachments: #1 Exhibit 34 (part 1) to Hill Declaration, #2 Exhibit 34 (part 2) to Hill Declaration, #3 Exhibit 34 (part 3) to Hill Declaration, #4 Exhibit 35-37 to Hill Declaration, #5 Exhibit 38-49 to Hill Declaration, #6 Exhibit 50-57 to Hill Declaration)(Hill, James). (jah).
December 21, 2009 Filing 57 NOTICE Regarding Exhibit Attachment by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #55 MOTION to Certify Renewed Motion for Class Certification Exhibits attached To Declaration of J. Jason Hill (Attachments: #1 Exhibit 1-13 to Hill Declaration, #2 Exhibit 14-26 to Hill Declaration, #3 Exhibit 27-33 to Hill Declaration)(Hill, James) (mjj)
December 21, 2009 Filing 56 NOTICE Regarding Exhibit Attachment by Mickey Lee Dilts, Donny Dushaj, Ray Rios re #55 MOTION to Certify Renewed Motion for Class Certification (Attachments: #1 Exhibit A-H to RJN, #2 Exhibit I-Q to RJN, #3 Exhibit R-CC to RJN, #4 Exhibit DD to RJN, #5 Exhibit EE to JJ to RJN)(Hill, James) (jpp).
December 21, 2009 Filing 55 MOTION to Certify Renewed Motion for Class Certification by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of J. Jason Hill, #3 Declaration of Michael D. Singer, #4 Request for Judicial Notice, #5 Compendium of Facts and Evidence, #6 Proof of Service)(Hill, James)(jpp).
December 18, 2009 Opinion or Order Filing 54 ORDER Granting Plaintiffs' #53 Ex Parte Application to Increase Page Limit for Renewed Class Certification Memorandum of Points and Authorities. Signed by Judge Janis L. Sammartino on 12/18/09. (mkz) (av1).
December 17, 2009 Filing 53 Ex Parte MOTION to Increase Page Limit for Renewed Class Certification Memorandum Points and Authorities by Mickey Lee Dilts, Donny Dushaj, Ray Rios. (Attachments: #1 Declaration of J. Jason Hill, #2 Proof of Service)(Hill, James) (mkz).
October 23, 2009 Opinion or Order Filing 52 ORDER Denying Without Prejudice Plaintiffs' #24 Motion for Class Certification: If Plaintiffs wish to file a renewed motion for class certification addressing the deficiencies identified by the Court, they shall file their motion within sixty days of the date this order is electronically docketed. Signed by Judge Janis L. Sammartino on 10/23/09. (pdc) (jrl).
October 22, 2009 Filing 51 Minute Order for proceedings held before Judge Janis L. Sammartino : Motion to Certify Class #24 held and taken under submission (Court Reporter Debbie O'Connell / CRD A Ramos / Plaintiff Attorney James Jason Hill & Michael D. Singer / Defendant Attorney James Hanson) (acr)
October 22, 2009 Filing 50 NOTICE by Penske Logistics LLC, Penske Truck Leasing Co LP of Additional Authorities (Attachments: #1 Exhibit A, Vinole v. Countrywide Home Loans, #2 Exhibit B, In re Wells Fargo Home Mortgage Overtime Pay Litigation)(Hanson, James) (mdc)
September 9, 2009 Filing 49 OBJECTION by Penske Logistics LLC, Penske Truck Leasing Co LP re #45 Notice, Opposition to Plaintiffs' Third Supplemental Request for Judicial Notice. (Hanson, James) (mkz).
September 4, 2009 Filing 48 NOTICE : Hearing on Motion to Certify Class #24 reset from 9/23/2009 to 10/22/2009 01:30 PM before Judge Janis L. Sammartino(gs/acr)
August 26, 2009 Opinion or Order Filing 47 ORDER Granting #46 Joint Motion to Continue Final Pretrial Conference: The 10/22/2009 Final Pretrial Conference is vacated. Signed by Judge Janis L. Sammartino on 8/26/09. (mkz) (av1).
August 25, 2009 Filing 46 Joint MOTION to Vacate and/or Continue Trial and Related Dates Pending Determination of Class Certification by Mickey Lee Dilts, Ray Rios, Donny Dushaj. (Attachments: #1 Declaration of Service)(Hill, James) (mkz).
August 25, 2009 Filing 45 NOTICE by Mickey Lee Dilts, Ray Rios, Donny Dushaj re #24 MOTION to Certify Class Plaintiffs' Third Supplemental Request for Judicial Notice in Support of Plaintiffs' Motion for Class Certification (Attachments: #1 Declaration of Service)(Hill, James) (mkz).
July 9, 2009 Opinion or Order Filing 43 ORDER re #42 Joint Motion to Continue Hearing Date of Plaintiffs' Class Certification Motion: Plaintiffs' #24 Motion for Class Certification scheduled for 7/30/09 is continued to 9/23/09 at 1:30 PM in Courtroom 6 before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 7/9/09. (mkz) (jrl).
July 8, 2009 Filing 44 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: Mandatory Settlement Conference held on 7/8/2009. Case did not settle. No order to follow.(Tape #n/a). (Plaintiff Attorney James Hill; Michael Singer). (Defendant Attorney James Hansen). (mnb)
July 1, 2009 Filing 42 Joint MOTION to Continue Hearing Date of Plaintiffs' #24 Class Certification Motion by Mickey Lee Dilts, Ray Rios, Donny Dushaj. (Attachments: #1 Proof of Service)(Hill, James) (mkz).
June 25, 2009 Filing 41 REPLY TO RESPONSE re #24 MOTION to Certify Class filed by Mickey Lee Dilts, Ray Rios, Donny Dushaj. (Attachments: #1 Notice of Lodgment of Exhibits, #2 Proof of Service)(Hill, James) Modified on 6/26/2009 (mkz).
June 25, 2009 Opinion or Order Filing 40 ORDER Granting Plaintiffs' #39 Ex Parte Application to Increase Page Limit of Plaintiff's Reply Brief in Support of Class Certification. Signed by Judge Janis L. Sammartino on 6/25/09. (mkz) (jrl).
June 25, 2009 Filing 39 Ex Parte MOTION Application to Increase Page Limit of Plaintiffs' Reply Brief in Support of Class Certification by Mickey Lee Dilts, Ray Rios, Donny Dushaj. (Attachments: #1 Declaration of J. Jason Hill in Support of Ex Parte Application, #2 Proof of Service)(Hill, James) (mkz).
June 4, 2009 Opinion or Order Filing 38 ORDER Granting Defendants' #35 Ex Parte Application to Increase Page Limit for Class Certification. Signed by Judge Janis L. Sammartino on 6/4/09. (mkz) (jrl).
June 4, 2009 Filing 37 NOTICE by Penske Logistics LLC, Penske Truck Leasing Co LP re #36 Response in Opposition to Motion (Appendix of Exhibits to Defendants' Opposition) (Attachments: #1 Exhibit A, Penske Logistics, LLC Operating Authorities, #2 Exhibit B, Declaration of Scott Goodman, #3 Exhibit C, Declaration of Terry Cooley, #4 Exhibit D, Deposition of Raymond Rios, #5 Exhibit E, Deposition of Donny Dushaj, #6 Exhibit F, Deposition of Mickey Lee Dilts, #7 Exhibit G, Declaration of Elaine Reardon, Ph.D, #8 Exhibit H, Deposition of David Butzlaff, #9 Exhibit I, Deposition of Christopher Giannos, #10 Exhibit J, Deposition of Kenneth Davis, #11 Exhibit K, Deposition of Jose Conteras, #12 Exhibit L, Seymour v. McLane Company)(Hanson, James) (mkz).
June 4, 2009 Filing 36 RESPONSE in Opposition re #24 MOTION to Certify Class filed by Penske Logistics LLC, Penske Truck Leasing Co LP. (Hanson, James) (mkz).
June 3, 2009 Filing 35 Ex Parte MOTION for Leave to File Excess Pages for Opposition to Motion for Class Certification by Penske Logistics LLC, Penske Truck Leasing Co LP. (Hanson, James) (mkz).
May 7, 2009 Opinion or Order Filing 34 ORDER Granting #33 Agreed Motion to Adjust Class Certification Briefing Schedule: Defendants are given an additional fourteen days until 6/4/09 to file their opposition to Class Certification. Plaintiffs are allowed until 6/25/09 to file their reply. Signed by Judge Janis L. Sammartino on 5/7/09. (mkz) (jrl).
May 7, 2009 Filing 33 Joint MOTION to Adjust Class Certification Briefing Schedule by Penske Logistics LLC, Penske Truck Leasing Co LP. (Smedstad, Adam) (mkz).
April 24, 2009 Filing 32 NOTICE of Change of Address by Randy Scott Grossman (Attachments: #1 Proof of Service)(Grossman, Randy) (mkz).
April 6, 2009 Opinion or Order Filing 31 ORDER Granting #30 Joint Motion to Modify Opposition and Reply Filing Dates and Continuing Hearing Date on Class Certification Motion: Opposition due 5/21/09, reply due 6/11/09. The hearing on the Motion shall be conducted on 7/30/09 at 1:30 PM in Courtroom 6 before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 4/6/09. (mkz) Modified on 4/6/2009 to indicate: (All non-registered users served via U.S. Mail Service) (mkz).(jrl).
April 3, 2009 Filing 30 Joint MOTION for Extension of Time to File Response/Reply as to #24 MOTION to Certify Class (opposition and reply filing dates and continue hearing date for class certification motion) by Penske Logistics LLC, Penske Truck Leasing Co LP. (Hanson, James) (mkz).
April 1, 2009 Filing 29 NOTICE by Mickey Lee Dilts, Ray Rios, Donny Dushaj re #24 MOTION to Certify Class Plaintiffs' Second Supplemental Request for Judicial Notice in Support of Plaintiffs' Motion for Class Certification (Attachments: #1 Proof of Service)(Hill, James) (mkz).
March 23, 2009 Filing 28 NOTICE by Mickey Lee Dilts, Ray Rios, Donny Dushaj re #24 MOTION to Certify Class Supplemental Request for Judicial Notice in Support of Plaintiffs' Motion for Class Certification (Attachments: #1 Proof of Service)(Hill, James) (mkz).
March 23, 2009 Opinion or Order Filing 27 ORDER Continuing Mandatory Settlement Conference: The 4/23/09 Mandatory Settlement Conference is continued to 7/8/2009 at 09:30 AM in chambers before Magistrate Judge Barbara Lynn Major. All other dates and deadlines shall remain as previously set. Signed by Magistrate Judge Barbara Lynn Major on 03/23/09. (All non-registered users served via U.S. Mail Service).(mkz) (jrl).
March 23, 2009 Filing 26 NOTICE by Mickey Lee Dilts, Ray Rios, Donny Dushaj re #24 MOTION to Certify Class Notice of Errata to Motion for Class Certification (Attachments: #1 Exhibit 1- Corrected Memo of Point and Authorities, #2 Proof of Service)(Hill, James) (mkz).
March 23, 2009 Filing 25 AMENDED NOTICE of Motion re #24 Motion to Certify Class by Mickey Lee Dilts, Ray Rios, Donny Dushaj re #24 MOTION to Certify Class Amended Notice of Motion and Motion for Class Certification (Attachments: #1 Proof of Service)(Hill, James) Modified on 3/24/2009 to edit event(mkz).
March 19, 2009 Filing 24 MOTION to Certify Class by Mickey Lee Dilts, Ray Rios, Donny Dushaj. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Declaration of J. Jason Hill, #3 Exhibit 1-5 to Hill Dec, #4 Exhibit 6-16 to Hill Dec, #5 Exhibit 17-24 to Hill Dec, #6 Exhibit 25-30 to Hill Dec, #7 Exhibit 31-33 to Hill Dec, #8 Exhibit 34 (part A) to Hill Dec, #9 Exhibit 34 (part B) to Hill Dec, #10 Exhibit 34 (part C) to Hill Dec, #11 Exhibit 35-38 to Hill Dec, #12 Exhibit 39-40 to Hill Dec, #13 Declaration of Michael D. Singer, #14 Request for Judicial Notice, #15 Exhibit A-E to RJN, #16 Exhibit F-K to RJN, #17 Exhibit L-Q to RJN, #18 Exhibit R-X to RJN, #19 Compendium of Declarations, #20 Proof of Service)(Hill, James) (mkz).
March 19, 2009 Opinion or Order Filing 23 ORDER Granting Plaintiffs' #22 Ex Parte Application to Increase Page Limit for Class Certification Memorandum of Points and Authorities: Plaintiffs' Memorandum of Points and Authorities may not exceed 35 pages. Signed by Judge Janis L. Sammartino on 03/19/09. (All non-registered users served via U.S. Mail Service).(mkz) (jrl).
March 18, 2009 Filing 22 Ex Parte MOTION for Leave to File Excess Pages for Class Certification Memorandum of Points and Authorities by Mickey Lee Dilts, Ray Rios, Donny Dushaj. (Attachments: #1 Declaration of J. Jason Hill, #2 Proof of Service)(Hill, James) (mkz).
February 2, 2009 Opinion or Order Filing 21 ORDER Granting #20 Joint Motion to Continue Mandatory Settlement Conference: The Mandatory Settlement Conference is continued to 4/23/2009 at 01:30 PM in chambers before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 02/02/09. (All non-registered users served via U.S. Mail Service).(mkz)
January 30, 2009 Filing 20 Joint MOTION to Continue Mandatory Settlement Conference by Penske Logistics LLC. (Hanson, James) (mkz).
January 28, 2009 Opinion or Order Filing 19 ORDER Granting #18 Joint Motion to Modify the Case Management Conference Order Regarding Class Certification Dates: Any class certification motion must be filed by 3/19/09. Defendants shall file their opposition by 4/16/09. Plaintiffs shall file their reply by 4/30/09. Judge Sammartino will hear oral argument on the class certification motion on 5/21/09 at 1:30 PM in Courtroom 6. All other dates shall remain as previously set. Signed by Magistrate Judge Barbara Lynn Major on 01/28/09. (All non-registered users served via U.S. Mail Service).(mkz)
January 26, 2009 Filing 18 Joint MOTION To Modify The Case Management Conference Order re Class Certification Dates by Mickey Lee Dilts, Ray Rios, Donny Dushaj. (Attachments: #1 Proof of Service)(Hill, James) (mkz).
January 12, 2009 Filing 17 NOTICE by Mickey Lee Dilts, Ray Rios, Donny Dushaj of Change of Firm Name (Attachments: #1 Proof of Service)(Singer, Michael) (mkz).
November 4, 2008 Opinion or Order Filing 16 ORDER Granting #15 Joint Motion to Extend Pretrial dates and to Continue Mandatory Settlement Conference: Memorandum of Contentions of Fact and Law due by 10/1/2009. Proposed Pretrial Order due by 10/15/2009. The Final Pretrial Conference will be held on 10/22/2009 at 01:30 PM in Courtroom 06 before Judge Janis L. Sammartino. A Mandatory Settlement Conference will be held on 2/6/2009 at 09:30 AM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 11/4/08. (All non-registered users served via U.S. Mail Service).(mkz)
November 3, 2008 Filing 15 Joint MOTION to Extend Pre-Trial Dates and to Continue Mandatory Settlement Conference by Penske Logistics LLC, Penske Truck Leasing Co LP, Mickey Lee Dilts, Ray Rios, Donny Dushaj. (Attachments: #1 Proof of Service)(Hill, James) (mkz).
October 9, 2008 Opinion or Order Filing 14 ORDER re: Contact Information for Putative Class Members: Defendants will disclose to Simpluris, Inc. the names, home address, and home telephone numbers of all current and former Defendants' California nonexempt hourly delivery drivers and installers who worked for Defendants at any time between 1/17/04 and the present. Simpluris will act as the Third Party Administrator. The parties will equally share the costs of administration of the Notice and Simpluris is authorized to use the information provided solely in its capacity as Third Party Administrator for the purposes of administering the Parties' Notice. Signed by Magistrate Judge Barbara Lynn Major on 10/09/08. (All non-registered users served via U.S. Mail Service).(mkz)
October 7, 2008 Filing 13 Joint MOTION Regarding Contact Information for Putative Class Members by Penske Logistics LLC, Penske Truck Leasing Co LP, Mickey Lee Dilts, Ray Rios, Donny Dushaj. (Attachments: #1 Exhibit A - Notice, #2 Proof of Service)(Hill, James) (mkz).
May 9, 2008 Opinion or Order Filing 11 Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings: A telephonic Case Management Conference was held on 5/8/08. A Mandatory Settlement Conference is set for 11/10/2008 at 09:30 AM in chambers before Magistrate Judge Barbara Lynn Major. Memorandum of Contentions of Fact and Law due by 7/24/2009. Proposed Pretrial Order due by 8/7/2009. A Final Pretrial Conference is set for 8/13/2009 at 01:30 PM in Courtroom 06 before Judge Janis L. Sammartino. Signed by Magistrate Judge Barbara Lynn Major on 05/09/08. (mkz)
May 8, 2008 Filing 12 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major:Case Management Conference held on 5/8/2008. Order followed.(Tape #n/a).(Plaintiff Attorney James Hill).(Defendant Attorney Randy Grossman; James Hanson).(mnb)(kaj).
April 3, 2008 Opinion or Order Filing 9 ORDER Following 4/2/08 Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Case Management Conference: The Rule 26(f) conference shall be completed by 4/16/08. A Joint discovery plan shall be lodged by 4/23/08. Initial disclosures shall occur by 4/30/08. A Case Management Conference is set for 5/8/2008 at 01:30 PM in chambers before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 04/03/08. (mkz) (kaj).
April 2, 2008 Filing 10 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major:Early Neutral Evaluation Conference held on 4/2/2008. Order followed.(Tape #n/a).(Plaintiff Attorney James Hill).(Defendant Attorney Robert Brewer; James Hansen).(mnb)
March 4, 2008 Filing 8 PRO HAC VICE APPOINTED: Adam C. Smedstad appearing for Defendants Penske Logistics LLC, Penske Truck Leasing Co LP (mkz)
March 4, 2008 Filing 7 PRO HAC VICE APPOINTED: Robert L. Browning appearing for Defendants Penske Logistics LLC, Penske Truck Leasing Co LP (mkz)
March 4, 2008 Filing 6 PRO HAC VICE APPOINTED: James H Hanson appearing for Defendants Penske Logistics LLC, Penske Truck Leasing Co LP (mkz)
March 4, 2008 Filing 5 PRO HAC VICE APPOINTED: R. Jay Taylor, Jr appearing for Defendants Penske Logistics LLC, Penske Truck Leasing Co LP (mkz)
February 29, 2008 Filing 4 NOTICE of Appearance by James Jason Hill on behalf of all plaintiffs (Hill, James) (mkz).
February 26, 2008 Opinion or Order Filing 3 Notice and Order Setting Early Neutral Evaluation Conference: An Early Neutral Evaluation will be held on 4/2/2008 at 09:30 AM in chambers before Magistrate Judge Barbara Lynn Major. Signed by Judge Barbara Lynn Major on 02/26/08. (mkz) (av1, ).
February 26, 2008 Filing 2 ANSWER to Complaint by Penske Logistics LLC, Penske Truck Leasing Co LP.(McNatt, Christopher) (mkz).
February 19, 2008 Filing 1 NOTICE OF REMOVAL with Jury Demand as to Penske Logistics LLC, Penske Truck Leasing Co LP, Does 1 though 25 from Superior Court of the State of California, San Diego County, case number 37-2008-00076108-CU-DE-CTL. ( Filing fee $ 350 Receipt number 147798), filed by Mickey Lee Dilts, Ray Rios, Donny Dushaj.(vrp) (av1, ).

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Search for this case: Dilts et al v. Penske Logistics, LLC., et al
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Defendant: Penske Logistics LLC
Represented By: Christopher C McNatt, Jr
Represented By: R. Jay Taylor, Jr.
Represented By: Adam Carl Smedstad
Represented By: Robert L. Browning
Represented By: Randy S. Grossman
Represented By: James H Hanson
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Defendant: Does 1-125
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Defendant: Penske Truck Leasing Co LP
Represented By: Christopher C McNatt, Jr
Represented By: R. Jay Taylor, Jr.
Represented By: Adam Carl Smedstad
Represented By: Robert L. Browning
Represented By: Randy S. Grossman
Represented By: James H Hanson
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Plaintiff: Ray Rios
Represented By: Michael D. Singer
Represented By: James Jason Hill
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Plaintiff: Mickey Lee Dilts
Represented By: Michael D. Singer
Represented By: James Jason Hill
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Plaintiff: Donny Dushaj
Represented By: Michael D. Singer
Represented By: James Jason Hill
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