Harris v. Manpower, Inc. et al
Plaintiff: Tina M. Harris
Defendant: Manpower, Inc. and Does 1 to 100, inclusive
Case Number: 3:2009cv02368
Filed: October 23, 2009
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Jan M Adler
Referring Judge: Roger T Benitez
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441 ac Removal- Account Receivable
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on December 7, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 7, 2012 Opinion or Order Filing 63 ORDER After Remand. This Court hereby remands this action to the San Diego County Superior Court for the purpose of obtaining preliminary and final approval of the tentative class-wide settlement agreement. Signed by Judge Roger T. Benitez on 12/7/2012.(cc:State Court)(knb) (jrl).
December 3, 2012 Opinion or Order Filing 62 ORDER of USCA as to #54 Notice of Appeal to 9th Circuit, filed by Tina M. Harris. Pursuant to the parties' joint Stipulation for Dismissal of Appeal Without Prejudice dated November 8, 2012, this case is ordered dismissed without prejudice to reinstatement. The case is remanded to the USDC so that it may, in turn, remand the case to state court for the purpose of obtaining preliminary and final approval of the tentative class-wide settlement agreement. This appeal may be reinstated in the manner set forth in the parties' Joint Stipulation for Dismissal of Appeal. The copy of this order shall act as and for the mandate of the USCA. (cc: Chambers). (akr)
February 25, 2011 Filing 61 NOTICE by Tina M. Harris re #57 MOTION for Attorney Fees of New Authority (Attachments: #1 Proof of Service)(Ostroff, Sheldon) (knh).
February 16, 2011 Filing 60 Minute Order issued by the Honorable Roger T. Benitez: Submitting #57 MOTION for Attorney Fees. Court to issue Order. Motion Hearing date of 02/22/2011 10:30AM is hereby vacated. (gxr)
February 15, 2011 Filing 59 REPLY to Response to Motion re #57 MOTION for Attorney Fees Defendant Manpower Inc.'s Reply Brief in Support of Motion for Award of Attorneys' Fees: (1) Memorandum of Points and Authorities; (2) Supplemental Declaration of Matthew C. Kane filed by Manpower, Inc. (Kane, Matthew) (knh).
February 8, 2011 Filing 58 RESPONSE in Opposition re #57 MOTION for Attorney Fees filed by Tina M. Harris. (Attachments: #1 Declaration of Sheldon A. Ostroff, #2 Declaration of James C. Kostas, #3 Proof of Service)(Ostroff, Sheldon) (knh).
December 14, 2010 Filing 57 MOTION for Attorney Fees by Manpower, Inc. (Attachments: #1 Declaration of Matthew C. Kane, #2 Declaration of James S. McNeill)(Kane, Matthew) (knh)
December 7, 2010 Filing 56 USCA Time Schedule Order for #54 Notice of Appeal, filed by Tina M. Harris. (akr)
December 7, 2010 Filing 55 USCA Case Number 10-56896 for #54 Notice of Appeal, filed by Tina M. Harris. (akr)
December 7, 2010 Filing 54 NOTICE OF APPEAL as to #53 Order denying Motion for Reconsideration, #48 Clerk's Judgment, by Tina M. Harris. (Filing fee $455 receipt number 0974-3123337.) (Additional attachment(s) added on 12/7/2010: #1 Representation Statement). (Notice of Appeal electronically transmitted to US Court of Appeals.) (Kostas, James) (akr). Modified on 12/7/2010 to edit text re order being appealed and to attach Representation Statement provided by filer. (akr).
November 30, 2010 Opinion or Order Filing 53 ORDER Denying #49 Motion for Reconsideration. Signed by Judge Roger T. Benitez on 11/30/2010. (knh) (jrl).
November 30, 2010 Filing 52 Minute Order issued by the Honorable Roger T. Benitez: Submitting #49 MOTION for Reconsideration re #47 Order on Motion for Summary Judgment. Court to issue Order. Motion Hearing date of 12/06/2010 10:30AM is hereby vacated. (gxr)
November 29, 2010 Filing 51 RESPONSE in Opposition re #49 MOTION for Reconsideration re #47 Order on Motion for Summary Judgment MOTION for Reconsideration re #47 Order on Motion for Summary Judgment filed by Tina M. Harris. (Attachments: #1 Proof of Service)(Ostroff, Sheldon) (knh).
November 22, 2010 Filing 50 RESPONSE in Opposition re #49 MOTION for Reconsideration re #47 Order on Motion for Summary Judgment MOTION for Reconsideration re #47 Order on Motion for Summary Judgment filed by Manpower, Inc. (Kane, Matthew) (knh).
October 15, 2010 Filing 49 MOTION for Reconsideration re #47 Order on Motion for Summary Judgment by Tina M. Harris. (Attachments: #1 Memo of Points and Authorities, #2 Certified Statement of Sheldon A. Ostroff in Support of Plaintiff's Motion for Reconsideration, #3 Proof of Service)(Ostroff, Sheldon) (knh).
October 7, 2010 Filing 48 CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that the Defendant's Motion for Summary Judgment is granted. Judgment is in favor of the Defendant.(knh) (av1).
October 7, 2010 Opinion or Order Filing 47 ORDER Granting Defendant's #25 Motion for Summary Judgment. Signed by Judge Roger T. Benitez on 10/6/2010. (knh) (av1).
September 10, 2010 Opinion or Order Filing 46 ORDER granting #43 motion for leave to file untimely reply brief and response to evidentiary objections; the reply brief and response to evidentiary objections, both of which were attached as exhibits to the motion, are deemed timely filed as of September 8, 2010; the Court finds defendant's summary judgment motion appropriate for determination on the papers, without oral argument, and vacates the hearing date of September 13, 2010; the Court will enter a separate order addressing the merits of the summary judgment motion. Signed by Judge Roger T. Benitez on 9/10/10. (kaj) (jrl).
September 9, 2010 Filing 45 CERTIFICATE OF SERVICE by Manpower, Inc. re #43 MOTION for Leave to File Reply in Support of Motion for Summary Judgment and Response to Evidentiary Objections Instanter (Kane, Matthew) (mdc)
September 8, 2010 Filing 44 Declaration of Sheldon A. Ostroff in Opposition to Motion for leave to file reply in support of motion for summary judgment and response to evidentiary objections intanter filed by Tina M. Harris. (Attachments: #1 Proof of Service)(Ostroff, Sheldon) . Modified text on 9/9/2010 (tkl). Emailed atty. Incorrect event used.
September 8, 2010 Filing 43 MOTION for Leave to File Reply in Support of Motion for Summary Judgment and Response to Evidentiary Objections Instanter by Manpower, Inc.. (Attachments: #1 Defendant Manpower Inc.'s Reply in Support of its Motion for Summary Judgment, #2 Defendant Manpower Inc.'s Response to Plaintiff's Evidentiary Objections and Motion to Strike Portions of the Declaration of Barbara Honesty)(Kane, Matthew) qc mail re cert of service (kaj).
September 7, 2010 Opinion or Order Filing 42 ORDER re joint #33 Motion for determination of discovery dispute. Signed by Magistrate Judge Jan M. Adler on 9/7/2010. (tkl) (jrl).
September 7, 2010 Opinion or Order Filing 41 ORDER denying defendant's #37 Ex Parte Motion for Extension of Time and/or Continuance of the Hearing on its Motion for Summary Judgment; Signed by Judge Roger T. Benitez on 9/7/10. (kaj) (jrl).
September 7, 2010 Filing 40 DECLARATION of Sylvia J. Kim filed as REPLY to Response to Motion re #37 Ex Parte MOTION for Extension of Time to File Response/Reply as to #25 MOTION for Summary Judgment filed by Manpower, Inc. (Kane, Matthew) Modified on 9/8/2010 to clarify text; no proof of service attached (lao).
September 7, 2010 Filing 39 Supplemental DECLARATION of Matthew C. Kane filed as REPLY to Response to Motion re #37 Ex Parte MOTION for Extension of Time to File Response/Reply as to #25 MOTION for Summary Judgment filed by Manpower, Inc. (Kane, Matthew) Modified on 9/8/2010 to clarify text; no proof of service attached (lao).
September 6, 2010 Filing 38 RESPONSE in Opposition re #37 Ex Parte MOTION for Extension of Time to File Response/Reply as to #25 MOTION for Summary Judgment (Notice of Motion; Memorandum of Points and Authorities) and/or to Continue Hearing by One Week Declaration of Sheldon A. Ostroff in Opposition to Ex Parte Motion filed by Tina M. Harris. (Attachments: #1 Exhibit 1 through 6, #2 Proof of Service)(Ostroff, Sheldon) (tkl).
September 3, 2010 Filing 37 Ex Parte MOTION for Extension of Time to File Response/Reply as to #25 MOTION for Summary Judgment (Notice of Motion; Memorandum of Points and Authorities) and/or to Continue Hearing by One Week by Manpower, Inc.. (Kane, Matthew)
September 1, 2010 Opinion or Order Filing 36 Notice of Document Discrepancy and Order Thereon by Magistrate Judge Jan M. Adler Rejecting Document: Supplemental Document from Plaintiff Tina M. Harris. Non-compliance with local rule(s), Civ. L. Rule 15.1: Amended pleading not complete in itself, OTHER: Failure to comply with Chamber's Rules. Supplement filings require prior Court order. 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. Signed by Magistrate Judge Jan M. Adler on 9/1/2010.(knh)
August 30, 2010 Filing 35 STRICKEN per #36 Order.
August 30, 2010 Filing 34 RESPONSE in Opposition re #25 MOTION for Summary Judgment (Notice of Motion; Memorandum of Points and Authorities) Memorandum of Points and Authorities filed by Tina M. Harris. (Attachments: #1 Appendix A through D in Support of Opposition, #2 Evidentiary Objections and Motion to Strike Portions of the Declaration of Barbara Honesty, #3 Declaration of Sheldon A. Ostroff in Support of Opposition, #4 Exhibit 1 through 12 in Support of the Declaration of Sheldon A. Ostroff, #5 Exhibit 13 through 20 in Support of the Declaration of Sheldon A. Ostroff, #6 Proof of Service, #7 Request for Judicial Notice Re: United States Department of Labor Advisory Opinions, #8 Exhibit 1 through 4 in Support of Request for Judicial Notice, #9 Proof of Service)(Ostroff, Sheldon) (knh).
August 27, 2010 Filing 33 Joint MOTION for Discovery Dispute Determination by Tina M. Harris. (Attachments: #1 Exhibit 1 through 7, #2 Declaration of Sheldon A. Ostroff in Support, #3 Proof of Service)(Ostroff, Sheldon) (knh).
August 12, 2010 Opinion or Order Filing 32 ORDER Granting #31 Second Joint Motion Extending Time to File Joint Motion for Determination of Discovery Dispute from August 13, 2010 to August 27, 2010. Signed by Magistrate Judge Jan M. Adler on 8/12/2010. (knh) (jrl).
August 12, 2010 Filing 31 Joint MOTION for Extension of Time to File Joint Motion for Determination of Discovery Dispute (Second) by Tina M. Harris. (Ostroff, Sheldon) (knh).
August 5, 2010 Opinion or Order Filing 30 ORDER Granting #29 Joint Motion Extending Time to File Joint Motion for Determination of Discovery Dispute. It is Ordered that the parties be granted an extension of time to file its Joint Motion for Determination of Discovery Dispute from August 6, 2010 to August 13, 2010. Signed by Magistrate Judge Jan M. Adler on 8/5/2010. (knh) (cap).
August 4, 2010 Filing 29 Joint MOTION for Extension of Time to File Joint Motion for Determination of Discovery Dispute by Tina M. Harris. (Ostroff, Sheldon) (knh).
July 13, 2010 Opinion or Order Filing 28 ORDER granting #27 Joint Motion to Continue Hearing on Defendant Manpower, Inc.'s Motion for Summary Judgment; the hearing is continued from August 2, 2010 to September 13, 2010 at 10:30am. Signed by Judge Roger T. Benitez on 7/12/10. (kaj) (jrl).
July 9, 2010 Filing 27 Joint MOTION to Continue Hearing on Defendant Manpower, Inc.'s Motion for Summary Judgment by Manpower, Inc. (Kane, Matthew) (knh).
July 1, 2010 Filing 26 CERTIFICATE OF SERVICE by Manpower, Inc. re #25 MOTION for Summary Judgment (Notice of Motion; Memorandum of Points and Authorities) (Kane, Matthew) (knh).
June 30, 2010 Filing 25 MOTION for Summary Judgment (Notice of Motion; Memorandum of Points and Authorities) by Manpower, Inc. (Attachments: #1 Declaration of Barbara Honesty)(Kane, Matthew) (knh).
May 19, 2010 Opinion or Order Filing 24 ORDER Granting #23 Joint Motion for Leave to Serve Thirty-Two Written Interrogatories. Signed by Magistrate Judge Jan M. Adler on 5/19/2010. (knh)(mam).
May 19, 2010 Filing 23 Joint MOTION for Discovery for an Order Granting Leave to Serve Thirty-Two Written Interrogatories by Tina M. Harris. (Ostroff, Sheldon) (knh).
March 16, 2010 Opinion or Order Filing 22 ORDER Following Case Management Conference and Setting Deadline for Summary Judgment Motion: A Case Management Conference was held on 3/16/10. Summary Judgment Motion due 6/30/10. The Court will defer issuing a pretrial schedule until after the summary judgment motion is decided. Signed by Magistrate Judge Jan M. Adler on 3/16/10.(asw) (jrl).
March 16, 2010 Filing 21 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 3/16/2010. (Plaintiff Attorney James Kostas & Sheldon Ostroff). (Defendant Attorney Matthew Kane). (kxb)
February 23, 2010 Opinion or Order Filing 20 ORDER granting #19 Joint Motion to Continue All Dates Set in Order Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Telephonic Case Management Conference (Dkt. #9). The Case Management Conference on March 1, 2010 at 10:00 a.m. before Magistrate Judge Adler is vacated and rescheduled for March 16, 2010 at 9:00 a.m. All counsel and unrepresented parties shall appear telephonically at this conference. Signed by Magistrate Judge Jan M. Adler on 2/23/2010. (knh) . (kaj).
February 23, 2010 Filing 19 Joint MOTION to Continue All Dates Set in Order Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Telephonic Case Management Conference (Dkt. #9) by Manpower, Inc. (Kane, Matthew)(asw).
February 16, 2010 Filing 18 SUMMONS Returned Executed by Tina M. Harris. Manpower, Inc. served on 2/16/2010, answer due 3/9/2010. (Ostroff, Sheldon)(asw).
February 12, 2010 Filing 17 Summons Issued as to Manpower, Inc. (asw)
February 9, 2010 Opinion or Order Filing 16 ORDER granting #12 Joint Motion to Continue Deadlines for Compliance with Rule 26 and Case Management Conference: The Case Management Conference on 2/12/10 before Magistrate Judge Adler is vacated and rescheduled for 3/1/10 at 10 a.m. All counsel and unrepresented parties shall appear telephonically. Signed by Magistrate Judge Jan M. Adler on 2/9/10. (asw) (jrl).
February 9, 2010 Filing 15 NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing re #14 First Amended Complaint (asw)
February 9, 2010 Filing 14 First AMENDED COMPLAINT against DOES, Manpower, Inc., filed by Tina M. Harris.(asw) (kaj).
February 9, 2010 Filing 13 CERTIFICATE OF SERVICE by Manpower, Inc. re #12 Joint MOTION to Continue All Dates Set In Order Following Early Neutral Evaluation Conference Setting Rule 26 Compliance and Notice of Telephonic Case Management Conference (Dkt. #9) (Kane, Matthew)(asw).
February 8, 2010 Filing 12 Joint MOTION to Continue All Dates Set In Order Following Early Neutral Evaluation Conference Setting Rule 26 Compliance and Notice of Telephonic Case Management Conference (Dkt. #9) by Manpower, Inc.. (Kane, Matthew) Modified on 2/9/2010 - sent email re signature on proof (mjj)
January 29, 2010 Opinion or Order Filing 11 ORDER granting #10 Motion for Leave to File First Amended Complaint to add a Claim for Penalties. Defendant's answer to Plaintiff's Complaint shall serve as its answer to Plaintiff's First Amended Complaint. Signed by Judge Roger T. Benitez on 1/28/10. (asw) (jrl).
January 19, 2010 Filing 10 Joint MOTION for Leave to File First Amended Complaint To Add A Claim For Penalties Pursuant To California Labor Code Section 2698, et seq. by Tina M. Harris. (Ostroff, Sheldon)(asw).
December 9, 2009 Opinion or Order Filing 9 ORDER Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Telephonic Case Management Conference: On 12/9/09 the Court convened an ENE Conference. Telephonic Case Management Conference set for 2/12/2010 09:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 12/9/09. (asw) (jrl).
December 9, 2009 Filing 8 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Early Neutral Evaluation Conference held on 12/9/2009. (Plaintiff Attorney James Kostas & Sheldon Ostroff). (Defendant Attorney Matthew Kane). (kxb)
November 16, 2009 Opinion or Order Filing 7 ORDER Rescheduling Early Neutral Evaluation Conference: The ENE is continued until 12/9/2009 02:00 PM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 11/16/09. (asw) (jrl).
November 2, 2009 Opinion or Order Filing 6 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 11/30/2009 10:00 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 11/2/09. (asw)
October 23, 2009 Filing 5 NOTICE OF RELATED CASE(S) by Manpower, Inc. (low number order not prepared - no related cases) (asw)
October 23, 2009 Filing 4 DECLARATION of Kenneth Eberle in Support of Defendant's Removal of Civil Action to Federal Court by Defendant Manpower, Inc. (asw)
October 23, 2009 Filing 3 NOTICE of Party With Financial Interest by Manpower, Inc. (asw)
October 23, 2009 Filing 2 NOTICE to Plaintiff and Counsel of Removal of Civil Action to U.S. District Court for Southern District of CA by Manpower, Inc. (asw)
October 23, 2009 Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-2009-00098472-CU-OE-CTL. ( Filing fee $ 350 Receipt number CAS006615), filed by Manpower, Inc. t/w Complaint and Answer in removal (atty maint).(cge) (av1).
October 23, 2009 ANSWER to Complaint with Jury Demand by Manpower, Inc. (filed in removal).(cge)

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Plaintiff: Tina M. Harris
Represented By: James C Kostas
Represented By: Sheldon A Ostroff
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Defendant: Manpower, Inc.
Represented By: Matthew Charles Kane
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Defendant: Does 1 to 100, inclusive
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