James Perkins et al v. Chipotle Mexican Grill Inc et al
| Robert Vahoviak, James Perkins, Leslie Robinson, Ruthee Goldkorn and Chris Ige |
| DOES 1-10 and Chipotle Mexican Grill, Inc. |
| 3:2013cv01831 |
| August 7, 2013 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| William McCurine |
| Barry Ted Moskowitz |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 The Americans with Disabilities Act of 1990 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 3, 2013. A more recent docket listing may be available from PACER.
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Filing 45
ORDER Consolidating Related Cases and Dismissing the Consolidated Action (ECF #44 ). Cases Consolidated, 06cv2671-BTM-WMC; All future docketing will be done in the lead case, 06cv2671-BTM-WMC. The Court will retain jurisdiction over the consolidated action. The Parties' settlement agreement, annexed as Exhibit A to the Parties' Consolidation Motion (ECF #44 ) is incorporated herein by reference as though fully set forth in this Order. The claims of Plaintiffs Jean Riker, Livia Antoninetti (as representative for Maurizio Antoninetti), James Perkins, Karen Friedman, Leslie Robinson, Jay Rifkin (as representative for Michael Rifkin), Susan Chandler, Ruthee Goldkorn, Robert Vahoviak, Jack Robertson, Rufus Martin, Kory Barnett, Raymond Berry, Michael Neth, Albert Sayles, Tamela Ridley, Michael Hanby, Pedro Garcia, Mimi Greenberg, Jeremy McGhee, and Kyle Minnis are hereby Dismissed without prejudice. The claims of putative class members in the consolidated action are Dismissed without prejudice. Signed by Judge Barry Ted Moskowitz on 12/3/2013. (rlu) (av1).
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| Filing 44 Joint MOTION to Consolidate Cases , for Retention of Jurisdiction by Court, and for Dismissal of Consolidated Action by Chipotle Mexican Grill, Inc.. (Sugden, David) (rlu). |
| Filing 43 MINUTE ORDER, Motions Submitted #40 MOTION to Dismiss (no document attached) (rfm) |
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Filing 42
ORDER: It is Ordered that any joint motion for consolidation of the Perkins and Antoninetti (06cv2671-BTM-WMC) cases and for dismissal shall be filed within seven calendar days. A copy of the global settlement agreement shall be provided to the Court along with any such motion. Signed by Judge Barry Ted Moskowitz on 11/12/2013.(rlu)
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| Filing 41 NON Opposition re #40 MOTION to Dismiss filed by Chipotle Mexican Grill, Inc.. (Sugden, David) (rlu). |
| Filing 40 MOTION to Dismiss by Ruthee Goldkorn, Chris Ige, James Perkins, Leslie Robinson, Robert Vahoviak. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Vandeveld, Amy) (rlu). |
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Filing 39
ORDER Granting #38 Joint Motion to Retain Jurisdiction. Signed by Judge Barry Ted Moskowitz on 10/3/2013. (rlu)
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| Filing 38 Joint MOTION to Retain Jurisdiction to Determine Attorneys' Fees, Costs and Expenses and to Interpret and Enforce the Parties' Settlement Agreement by Chipotle Mexican Grill, Inc.. (Evans, Melinda) (rlu). |
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Filing 37
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Barry Ted Moskowitz and Magistrate Judge William McCurine, Jr for all further proceedings. Judge Cathy Ann Bencivengo, Magistrate Judge Bernard G. Skomal no longer assigned to case. Create association to 3:06-cv-02671-BTM-WMC. The new case number is 13CV1831-BTM-WMC. Signed by Judge Cathy Ann Bencivengo on 08/09/2013. Signed by Judge Barry Ted Moskowitz on 08/08/2013.(yeb) (jcj).
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| Filing 36 Judge Cathy Ann Bencivengo and Magistrate Judge Bernard G. Skomal assigned to transfer case from Central District of CA. (no document attached) (kaj) |
| Filing 35 Case transferred in from District of California Central; Case Number 2:08-cv-03002. Original file received electronically (kaj)(av1). |
| Filing 34 TRANSMITTAL of documents: Electronic Documents are accessible through Pacer. (bp) [Transferred from California Central on 8/7/2013.] |
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Filing 33
ORDER GRANTING JOINT MOTION TO TRANSFER VENUE by Judge Margaret M. Morrow: IT IS ORDERED that the joint motion of Defendant and Plaintiffs to transfer this action to the United States District Court of the Southern District of California is GRANTED. IT IS FURTHER ORDERED that this action be removed from the docket of this Court forthwith and transferred to the United States District Court for the Southern District of California for any and all further proceedings, #32 Motion to Transfer Case (bp) [Transferred from California Central on 8/7/2013.]
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| Filing 32 NOTICE OF MOTION AND Joint MOTION to Transfer Case to Southern District of California filed by Defendant Chipotle Mexican Grill Inc. Motion set for hearing on 10/7/2013 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proposed Order Granting Joint Motion to Transfer Venue)(Evans, Melinda) [Transferred from California Central on 8/7/2013.] |
| Filing 31 STATUS REPORT and Request for Status Conference (Joint) filed by Plaintiffs Ruthee Goldkorn, Chris Ige, James Perkins, Leslie Robinson, Leslie Robinson, Robert Vahoviak. (Attachments: #1 Proposed Order, #2 Proof of Service)(Vandeveld, Amy) [Transferred from California Central on 8/7/2013.] |
| Filing 30 NOTICE Suggestion of Death of Plaintiff filed by Plaintiff James Perkins. (Attachments: #1 Proof of Service)(Vandeveld, Amy) [Transferred from California Central on 8/7/2013.] |
| Filing 29 NOTICE of Appearance filed by attorney Kent Roger Christensen on behalf of Defendant Chipotle Mexican Grill Inc (Christensen, Kent) [Transferred from California Central on 8/7/2013.] |
| Filing 28 NOTICE of Appearance filed by attorney Melinda Evans on behalf of Defendant Chipotle Mexican Grill Inc (Evans, Melinda) [Transferred from California Central on 8/7/2013.] |
| Filing 27 NOTICE of Appearance filed by attorney David Richard Sugden on behalf of Defendant Chipotle Mexican Grill Inc (Sugden, David) [Transferred from California Central on 8/7/2013.] |
| Filing 26 STATUS REPORT filed by Plaintiff James Perkins. (Attachments: #1 Proof of Service)(Vandeveld, Amy) [Transferred from California Central on 8/7/2013.] |
| Filing 25 NOTICE OF FILING TRANSCRIPT filed for proceedings 11-3-08 @ 10:00 A.M. (Schweitzer, Mark) [Transferred from California Central on 8/7/2013.] |
| Filing 24 TRANSCRIPT for proceedings held on 11-3-08 @ 10:00 A.M.. Court Reporter/Electronic Court Recorder: Mark Schweitzer, CSR, phone number 213-663-3404. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/3/2009. Redacted Transcript Deadline set for 3/13/2009. Release of Transcript Restriction set for 5/11/2009. (Schweitzer, Mark) [Transferred from California Central on 8/7/2013.] |
| Filing 23 NOTICE OF STATISTICAL ADJUSTMENT submitted MD JS-6. Case Terminated. (bp) [Transferred from California Central on 8/7/2013.] |
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Filing 22
ORDER by Judge Margaret M. Morrow, re MOTION to Dismiss Plaintiff's First Amended Complaint #14 . The court grants Chipotle's motion to stay the case pending the Ninth Circuit's decision in Antoninetti v. Chipotle Mexican Grill, Inc., et al. The court directs the parties to advise it within 10 days of Ninth Circuit's decision by filing a joint status report. The parties' report should address whether any further stay is appropriate given the status of proceedings related to class certification in the second related case. (bp) [Transferred from California Central on 8/7/2013.]
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| Filing 21 MINUTES OF Motion Hearing held before Judge Margaret M. Morrow: The court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, the court denies defendant's motion to dismiss.Court Reporter: Mark Schweitzer. (bp) [Transferred from California Central on 8/7/2013.] |
| Filing 20 REPLY in support of Motion to Dismiss First Amended Complaint filed by Defendant Chipotle Mexican Grill Inc. (Herzog, Jonathon) [Transferred from California Central on 8/7/2013.] |
| Filing 19 OPPOSITION to MOTION to Dismiss Plaintiff's First Amended Complaint #14 filed by Plaintiff James Perkins. (Attachments: #1 Declaration, #2 Proof of Service)(Vandeveld, Amy) [Transferred from California Central on 8/7/2013.] |
| Filing 18 Amendment to MOTION to Dismiss Plaintiff's First Amended Complaint #14 filed by Defendant Chipotle Mexican Grill Inc. (Herzog, Jonathon) [Transferred from California Central on 8/7/2013.] |
| Filing 17 MINUTES OF IN CHAMBERS ORDER held before Judge Margaret M. Morrow: Counsel are hereby notified that a Scheduling Conference has been set for 12/1/2008 09:00 AM before Judge Margaret M. Morrow. (bp) [Transferred from California Central on 8/7/2013.] |
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Filing 16
IN CHAMBERS ORDER ADVANCING BRIEFING SCHEDULE by Judge Margaret M. Morrow: The briefing schedule to the MOTION to Dismiss Plaintiff's First Amended Complaint #14 is advanced as follows: Opposition due 10/17/08. Reply due 10/24/08. (ah) [Transferred from California Central on 8/7/2013.]
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| Filing 15 NOTICE OF LODGING filed re MOTION to Dismiss Plaintiff's First Amended Complaint #14 (Attachments: #1 Proposed Order)(Herzog, Jonathon) [Transferred from California Central on 8/7/2013.] |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendant Chipotle Mexican Grill Inc. Motion set for hearing on 11/3/2008 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Exhibit Request for Judicial Notice)(Herzog, Jonathon) [Transferred from California Central on 8/7/2013.] |
| Filing 13 Stipulation Extending Time for Response to Complaint by defendant Chipotle Mexican Grill, Inc. filed by Defendant Chipotle Mexican Grill Inc (Herzog, Jonathon) [Transferred from California Central on 8/7/2013.] |
| Filing 11 OF SERVICE filed by plaintiff James Perkins, of Notice of Related Case served on 08/15/08. (Vandeveld, Amy) [Transferred from California Central on 8/7/2013.] |
| Filing 10 NOTICE of Related Case(s) filed by plaintiff James Perkins. Related Case(s): 06cv2671 (Vandeveld, Amy) [Transferred from California Central on 8/7/2013.] |
| Filing 9 NOTICE of Related Case(s) filed by Plaintiff James Perkins. Related Case(s): 06cv2671 (Attachments: #1 Proof of Service)(Vandeveld, Amy) [Transferred from California Central on 8/7/2013.] |
| Filing 8 PROOF OF SERVICE Executed James Perkins, upon Chipotle Mexican Grill Inc served on 8/1/2008, answer due 8/21/2008. The Summons and Complaint were served by Personal service, by FedeRAL statute, upon Dana LaPorta. Due Dilligence declaration no. Original Summons yes. (Vandeveld, Amy) [Transferred from California Central on 8/7/2013.] |
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Filing 7
ORDER STRIKING FIRST AMENDED COMPLAINT #4 by Judge Margaret M. Morrow. Robert Vahoviak; Chris Ige and Leslie Robinson terminated. (ah) [Transferred from California Central on 8/7/2013.]
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Filing 6
ORDER STRIKING FIRST AMENDED COMPLAINT #4 by Judge Margaret M. Morrow stricken. (ah) [Transferred from California Central on 8/7/2013.]
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| Filing 12 FIRST AMENDED COMPLAINT against defendants' Does 1-10, Chipotle Mexican Grill Inc amending Complaint - (Discovery), Complaint - (Discovery) #1 ,filed by plaintiffs' Leslie Robinson, Robert Vahoviak, Chris Ige, James Perkins, Leslie Robinson(on behalf of herself and all others similarly situated), Ruthee Goldkorn (bp) [Transferred from California Central on 8/7/2013.] |
| Filing 5 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: incorrect document is attached to the docket entry RE: Amended Complaint #4 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bp) [Transferred from California Central on 8/7/2013.] |
| Filing 4 [STRICKEN] FIrst AMENDED COMPLAINT against Defendant all defendants; Party DOES terminated amending Complaint - (Discovery), Complaint - (Discovery) #1 ,filed by Plaintiff Leslie Robinson, Robert Vahoviak, Chris Ige, James Perkins (Vandeveld, Amy) Modified on 7/24/2008 (ah). [Transferred from California Central on 8/7/2013.] |
| Filing 3 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(car) [Transferred from California Central on 8/7/2013.] |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs James Perkins, Leslie Robinson, Ruthee Goldkorn. (car) Additional attachment(s) added on 5/19/2008 (ds, ). [Transferred from California Central on 8/7/2013.] |
| Filing 1 COMPLAINT against Defendants Chipotle Mexican Grill Inc, DOES 1-10.(Filing fee $ 350 PAID) Jury Demanded, filed by plaintiffs James Perkins, Leslie Robinson, Ruthee Goldkorn.(car) Additional attachment(s) added on 5/19/2008 (ds, ). Additional attachment(s) added on 5/19/2008 (ds, ). Additional attachment(s) added on 5/19/2008 (ds, ). [Transferred from California Central on 8/7/2013.] |
| FAX number for Attorney Amy B Vandeveld is (619) 231-8329. (car) [Transferred from California Central on 8/7/2013.] |
| 20 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Chipotle Mexican Grill Inc. (car) [Transferred from California Central on 8/7/2013.] |
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