Smith et al v. Red Robin Internation, Inc. et al
| Greg Smith and Michelle Ayala |
| Red Robin International, Inc., Does 1 through 10 and Red Robin International, Inc. a Nevada Corporation doing business as Red Robin Burger doing business as Spirits Emporiums |
| 3:2014cv01432 |
| June 12, 2014 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| John A Houston |
| Bernard G Skomal |
| Labor: Other |
| 28 U.S.C. § 1332 |
| Both |
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Filing 41
ORDER setting briefing schedule re #39 Motion for class certification. Defendant shall file a response to the motion for class certification on orbefore May 15, 2015. Any reply shall be filed on or before May 26, 2015.Signed by Judge John A. Houston on 4/28/2015.(jpp)
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| Filing 40 CERTIFICATE OF SERVICE by Michelle Ayala, Greg Smith re #38 Sealed Lodged Proposed Document, #37 MOTION to File Documents Under Seal, #39 MOTION to Certify Class (Geraci, Jeff) (jpp). |
| Filing 39 MOTION to Certify Class by Michelle Ayala, Greg Smith. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Michael D. Singer, #3 Declaration of Jeff Geraci, #4 Declaration of Michael P. Sousa, #5 Declaration of Robert Lewis, PH.D, #6 Declaration of Greg Smith, #7 Declaration of Michelle Ayala, #8 Notice of Lodgement of Exhibits, Volume II of II, #9 Exhibit 16 to Notice of Lodgment of Exhibits, Volume II of II, #10 Exhibit 17 to Notice of Lodgment of Exhibits, Volume II of II, #11 Exhibit 18 to Notice of Lodgment of Exhibits, Volume II of II, #12 Exhibit 19 to Notice of Lodgment of Exhibits, Volume II of II, #13 Exhibit 20 to Notice of Lodgment of Exhibits, Volume II of II, #14 Exhibit 21 to Notice of Lodgment of Exhibits, Volume II of II, #15 Exhibit 22 to Notice of Lodgment of Exhibits, Volume II of II)(Geraci, Jeff) (jpp). |
| Filing 38 SEALED LODGED Proposed Document re: #37 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Geraci, Jeff) (jao). |
| Filing 37 MOTION to File Documents Under Seal (Geraci, Jeff) (jao). |
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Filing 36
ORDER granting #35 Joint Motion to Permit Depositions. Good cause appearing, the parties' joint motion to permit the depositions of Michelle Ayala, Bruce Hartmann and Ron Perotta after the discovery cut-off is HEREBY GRANTED. The depositions shall take place on April 9th, 15th and 16th as stipulated by the parties. Signed by Magistrate Judge Bernard G. Skomal on 4/8/15. (no document attached) (mw)
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| Filing 35 Joint MOTION for Discovery (to Permit Jointly Requested Depositions) by Red Robin International, Inc.. (Yang, Simon) (jpp). |
| Filing 34 NOTICE of Vacated Hearing: The teleconference scheduled for March 6, 2015 at 10:00 a.m. with Judge Skomal is vacated due to a conflict in the Court's calendar. (no document attached) (mw) |
| Filing 33 Minute Order for proceedings held before Magistrate Judge Bernard G. Skomal:Discovery Hearing held on 1/23/2015. The Court issued its oral ruling on the parties' joint discovery statements [ECF Nos. 30, 32], which was placed on the record and is incorporated by reference herein. (BGS 1:959-1241). After consultation with the chambers of Judge Houston and due to the outstanding discovery, some of which was ordered to be produced by both parties, the Court HEREBY CONTINUES the deadline by which Plaintiffs must file their motion for class certification to April 27, 2015. (Plaintiff Attorney Jeff Geraci).(Defendant Attorney Simon Yang). (no document attached) (mw) |
| Filing 32 JOINT DISCOVERY PLAN by Red Robin International, Inc. re 31 Discovery Conference,, (Supplemental Joint Discovery Statement) (Yang, Simon) (jpp). |
| Filing 31 Minute Order for proceedings held before Magistrate Judge Bernard G. Skomal:Add-On Discovery Conference held on 1/16/2015. In accordance with chambers' rules, the parties contacted chambers to request permission to raise additional issues at the Discovery Hearing on January 23, 2015. Permission is granted as to the following issues only: (1) time-motion studies; and (2) scheduling of Plaintiff's deposition. The parties shall file a supplemental joint statement of no more than four (4) pages total on or before January 20, 2015. (Plaintiff Attorney Jeff Geraci).(Defendant Attorney Simon Yang). (no document attached) (mw) |
| Filing 30 JOINT DISCOVERY PLAN by Red Robin International, Inc. (Yang, Simon) (jpp). |
| Filing 29 Minute Order for proceedings held with chambers of Magistrate Judge Skomal. Add-on Discovery Conference held on 12/19/2014. After hearing from counsel of record, the Court orders the parties to file a JOINT discovery statement of NO MORE THAN 12 pages in length listing the discovery sought by both parties and the objections thereto no later than January 9, 2015. The Court will hold an in-person hearing re: discovery on January 23, 2015 at 10:00 a.m. in COURTROOM 1B, 221 West Broadway, San Diego, CA 92101 before Magistrate Judge Bernard G. Skomal. IT IS FURTHER ORDERED that Defendant shall provide the class list to the third-party administrator on or before December 23, 2014. (Plaintiff Attorney Jeff Geraci).(Defendant Attorney Simon Yang). (no document attached) (mw) |
| Filing 28 NOTICE OF VACATED BRIEFING SCHEDULE. Due to the pending discovery dispute raised by Plaintiff regarding Defendant's responses to written discovery, the briefing schedule previously set as to Defendant's motion to compel is VACATED, and NO motion to compel by either party is to be filed at this time. The Court will instead hold a TELEPHONIC DISCOVERY CONFERENCE on Friday, December 19, 2014 at 3:00 p.m. where it will discuss both parties' discovery responses and, if applicable, set a new briefing schedule addressing all current discovery issues. Plaintiff's counsel is ORDERED to contact opposing counsel on the day and at the time listed above and then initiate a joint call to the court to begin the teleconference. (no document attached) (mw) |
| Filing 27 Minute Entry for proceedings with the chambers of Magistrate Judge Bernard G. Skomal. Discovery Conference held on 12/8/2014. In accordance with Judge Skomal's chambers rules, counsel for the parties informed the court of the seven categories of document requests at the heart of the discovery dispute. Counsel are encouraged to continue to talk with one another to narrow the scope of the information sought. In the event counsel is unable to resolve the impasse, Defendant may file a motion to compel as to the requests for production at issue no later than December 19, 2014. Plaintiff's opposition shall be filed no later than January 8, 2015. A reply may be filed on or before January 15, 2015. The matter will be taken under submission. No oral argument is requested at this time.(Plaintiff Attorney Jeff Geraci). (Defendant Attorney Julie Yap). (no document attached) (mw) |
| Filing 26 Minute Entry for proceedings held with chambers of Magistrate Judge Bernard G. Skomal. Add-on Discovery Conference held on 12/5/2014. In accordance with Judge Skomal's chambers rules, the parties contacted chambers with a discovery dispute. In order to accommodate counsels' schedules, the 30-day deadline that Defendant has to bring its discovery dispute to the Court's attention is tolled to December 8, 2014. The Court will hold a TELEPHONIC Discovery Conference on December 8, 2014 at 10:00 AM. Counsel for Defendant is instructed to contact opposing counsel on the day and at the time indicated above and then initiate a joint call to the court at (619) 557-2993.(Plaintiff Attorney Jeff Geraci). (Defendant Attorney Julie Yap and Simon Yang). (no document attached) (mw) |
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Filing 25
ORDER granting #24 Joint Motion for Protective Order. Signed by Magistrate Judge Bernard G. Skomal on 12/5/14. (kas)
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| Filing 24 Joint MOTION for Protective Order by Red Robin International, Inc.. (Yap, Julie)(QC mailer sent re: missing signature certification and includes proposed order. Atty instructed to refile) (sjt). |
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Filing 23
ORDER granting #18 Plaintiff's Motion to Compel class contact information. Telephonic Status Conference continued to 3/6/2015 10:00 AM. Signed by Magistrate Judge Bernard G. Skomal on 11/19/2014. (jpp)
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| Filing 22 SUR-REPLY - re #18 MOTION to Compel Production of Class Contact Information filed by Red Robin International, Inc.. (Dacre, Catherine) (jpp). |
| Filing 21 RESPONSE in Support re #18 MOTION to Compel Production of Class Contact Information filed by Michelle Ayala, Greg Smith. (Attachments: #1 Declaration of Service)(Geraci, Jeff) (jpp). |
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Filing 20
NOTICE AND ORDER RE: BRIEFING ON PLAINTIFFS' MOTION TO COMPEL. The Court has received the moving and opposition briefs in this matter. After review of the materials, the Court HEREBY REQUIRES Plaintiffs to address the following issue in their Reply brief: If the Court grants their request for the name and telephone numbers of putative class members, what, if any, discovery will they request from Defendant using that information? Plaintiffs SHALL provide an EXHAUSTIVE list of discovery they will seek from Defendant based on the class list information. As previously ordered, the Reply brief shall be filed no later than October 28, 2014. Defendant has the Court's permission to file a sur-reply addressing ONLY the scope of Plaintiffs' intended discovery and any factors for the Court's consideration under Rule 26 with respect to the discovery proposed. Defendant shall NOT use the sur-reply to re-address issues of predominance in misclassification class actions. The sur-reply shall be filed no later than November 4, 2014. As a result of the supplemental briefing schedule, the November 3, 2014 teleconference is OFF-CALENDAR. The motion to compel will be deemed submitted for decision on the papers upon receipt of Defendant's sur-reply. See Local Civil Rule 7.1. Signed by Magistrate Judge Bernard G. Skomal on 10/21/14.(no document attached) (mw)
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| Filing 19 RESPONSE in Opposition re #18 MOTION to Compel Production of Class Contact Information filed by Red Robin International, Inc.. (Yap, Julie) (jpp). |
| Filing 18 MOTION to Compel Production of Class Contact Information by Michelle Ayala, Greg Smith. (Attachments: #1 Declaration of Jeff Geraci, #2 Exhibit A to Geraci Declaration, #3 Declaration of Service)(Geraci, Jeff) (jpp). |
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Filing 17
ORDER Setting Briefing Schedule: Telephonic Motion Hearing set for 11/3/2014 at 10:00 AM before Magistrate Judge Bernard G. Skomal regarding discovery of putative class list. Plaintiff's opening brief shall be filed no later than October 10, 2014. Defendant's opposition shall be filed no later than October 20, 2014. A reply may be filed on or before October 28, 2014. The Court will hold a TELEPHONIC conference as indicated above on November 3, 2014 at 10:00 a.m. Plaintiff's counsel is ORDERED to initiate the call by contacting opposing counsel and then jointly calling the court at (619) 557-2993. Signed by Magistrate Judge Bernard G. Skomal on 10/2/2014.(no document attached) (mw)
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Filing 16
CASE MANAGEMENT ORDER regulating Class Certification and other deadlines. Case Management Conference held 09/29/2014. Telephonic Status Conference set for 2/6/2015 10:00 AM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 09/29/2014.(jpp)
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| Filing 15 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Telephonic Status Conference held on 9/29/2014. Court to issue scheduling order.(Plaintiff Attorney Jeff Geraci and Michael Sousa). (Defendant Attorney Catherine Dacre). (no document attached) (mw) |
| Filing 14 Minute Order for proceedings held before Magistrate Judge Bernard G. Skomal: Early Neutral Evaluation Conference and Case Management Conference held on September 5, 2014. The parties are ordered to meet and confer regarding a joint plan regarding limited discovery. If a plan has been agreed upon, it shall be lodged with chambers at efile_skomal@casd.uscourts.gov on or before September 25, 2014. IT IS FURTHER ORDERED that a telephonic Status Conference shall be held on September 29, 2014 at 10:30 AM with Magistrate Judge Bernard G. Skomal. Plaintiff's counsel is ORDERED to coordinate a joint call to the Court at (619) 557-2993 on the day and at the time indicated above. (Plaintiff Attorney Isam Khoury and Jeff Geraci).(Defendant Attorney Catherine Dacre). (no document attached) (mw) |
| Filing 13 NOTICE of Appearance by Julie G. Yap on behalf of Red Robin International, Inc. (Yap, Julie)Attorney Julie G. Yap added to party Red Robin International, Inc.(pty:dft) (jpp). |
| Filing 12 REPORT of Rule 26(f) Planning Meeting. (Dacre, Catherine) (jpp). |
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Filing 11
NOTICE and ORDER: (1) continuing Early Neutral Evaluation Conference; (2) converting conference to attorneys-only appearance; and (3) setting Rule 26 compliance and Case Management Conference. The ENE is continued to September 5, 2014, at 1:30 p.m. before United States Magistrate Judge Bernard G. Skomal. The ENE conference will now be for attorneys-only. No party appearances are requested. In addition to a case evaluation, theCourt will conduct a Case Management Conference following the ENE. Signed by Magistrate Judge Bernard G. Skomal on 08/14/2014.(jpp)
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Filing 10
ORDER granting #9 Joint Motion to Continue Early Neutral Evaluation Conference ("ENE"). Good cause appearing, the ENE in this matter is CONTINUED to 8/27/2014 at 1:30 PM before Magistrate Judge Bernard G. Skomal. The parties' confidential ENE statements are now due to chambers no later than August 13, 2014. The remaining requirements and advisements for an ENE before Judge Skomal, which are set forth in the Court's original ENE order, are UNCHANGED. Signed by Magistrate Judge Bernard G. Skomal on 07/29/14. (no document attached) (mw)
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| Filing 9 Joint MOTION to Continue Early Neutral Evaluation Conference by Michelle Ayala, Greg Smith. (Attachments: #1 Declaration of Service)(Geraci, Jeff) (jpp). |
| Filing 8 CERTIFICATE OF SERVICE by Greg Smith, Michelle Ayala (Sousa, Michael) (jpp). |
| Filing 7 NOTICE of Appearance by Michael P Sousa on behalf of Greg Smith and Michelle Ayala. (Sousa, Michael) (jpp). |
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Filing 6
NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 8/11/2014 01:30 PM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 06/17/2014.(jpp)
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| Filing 5 NOTICE of Appearance by Timothy D Cohelan on behalf of Michelle Ayala, Greg Smith (Cohelan, Timothy)Attorney Timothy D Cohelan added to party Michelle Ayala(pty:pla), Attorney Timothy D Cohelan added to party Greg Smith(pty:pla) (jpp). |
| Filing 4 NOTICE of Appearance by Jeff Geraci on behalf of Michelle Ayala, Greg Smith (Geraci, Jeff)Attorney Jeff Geraci added to party Michelle Ayala(pty:pla), Attorney Jeff Geraci added to party Greg Smith(pty:pla) (jpp). |
| Filing 3 NOTICE of Appearance by Catherine M. Dacre on behalf of Red Robin International, Inc. (Dacre, Catherine)Attorney Catherine M. Dacre added to party Red Robin International, Inc.(pty:dft) (jpp). |
| Filing 2 Corporate Disclosure Statement by Red Robin International, Inc. (cxl) (av1). |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, San Diego, case number 37-2014-00008350-CU-OE-CTL. ( Filing fee $ 400 receipt number 0974-7117121.), filed by Red Robin International, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Declaration Shan Burchenal, #8 Declaration of Simon L. Yang, #9 Proof of Service)The new case number is 3:14-cv-01432-JAH-BGS. Judge John A. Houston and Magistrate Judge Bernard G. Skomal are assigned to the case. (Yang, Simon) (cxl).(av1). |
| ANSWER to Complaint (Notice of Removal) by Red Robin International, Inc. (no document attached) (cxl) |
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