Santana v. Kehe Food Distributors, Inc. et al
Plaintiff: Erik Santana
Defendant: Kehe Food Distributors, Inc. and DOES 1 through 100
Case Number: 3:2015cv02963
Filed: December 31, 2015
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: David H Bartick
Nature of Suit: Labor: Other
Cause of Action: 28:1332nr
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 27, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 27, 2017 Filing 54 Notice, Consent and Reference of a Civil Action to a Magistrate Judge by Erik Santana. Case reassigned to Magistrate Judge David H. Bartick. The new case number is 15cv2963-DHB. Signed by Judge Larry Alan Burns on 10/26/2017.(knb)
October 27, 2017 Opinion or Order Filing 53 ORDER Granting #47 Motion for an Award of Attorneys' Fees, Reimbursement of Expenses, and Service Award. Class Counsel are hereby awarded: (i) attorneys' fees in the amount of $45,000; and (ii) costs in the amount of $2,557.50; (iii) the Settlement Administrator CPT Group Inc. is entitled to $8,500, and (iv) the Class Representative Erik Santana is entitled to a Service Award in the amount of $1,250; all of which are to be paid from the Settlement Amount. Signed by Judge Larry Alan Burns on 10/26/2017. (lrf)
October 27, 2017 Opinion or Order Filing 52 ORDER Granting #49 Motion for Final Approval of Class Action Settlement. Signed by Judge Larry Alan Burns on 10/26/2017. (lrf)
October 2, 2017 Filing 50 Minute Entry for proceedings held before Judge Larry Alan Burns: Final Approval Hearing held on 10/2/2017. Court to issue order.(Court Reporter/ECR Cynthia Ott). (Plaintiff Attorney J.D. Henderson; Thomas Rutledge). (Defendant Attorney Scott Witlin). (no document attached) (tlw)
September 1, 2017 Filing 49 MOTION to Certify Class Final Approval of Class Settlement by Erik Santana. (Attachments: #1 Memo of Points and Authorities iso motion for final approval, #2 Declaration of J.D. Henderson iso motion for final approval, #3 Proof of Service CERTIFICATE OF SERVICE)(Henderson, J.D.) (lrf).
July 20, 2017 Filing 48 NOTICE of Withdrawal of Document #46 MOTION for Attorney Fees by Erik Santana. (Attachments: #1 Proof of Service)(Henderson, J.D.) Modified on 7/20/2017 to update event (lrf).
July 20, 2017 Filing 47 MOTION for Attorney Fees by Erik Santana. (Attachments: #1 Declaration of Thomas D. Rutledge, #2 Declaration of J.D. Henderson, #3 Proof of Service)(Henderson, J.D.) (lrf).
July 18, 2017 Filing 46 ***WITHDRAWN PER ECF #48 *** MOTION for Attorney Fees by Erik Santana. (Attachments: #1 Declaration of Thomas Rutledge, #2 Declaration of J.D. Henderson, #3 Proof of Service)(Henderson, J.D.) QC Mail: Document not signed - instructed to re-file (lrf). Modified on 7/20/2017 to withdraw document (lrf).
June 8, 2017 Opinion or Order Filing 45 ORDER Continuing Hearing on Motion for Preliminary Settlement Approval (ECF No. #43 ). The Final Approval Hearing is Continued to Monday, 10/2/2017 at 12:30 PM before Judge Larry Alan Burns. Signed by Judge Larry Alan Burns on 6/8/2017. (rlu)
June 5, 2017 Filing 44 CERTIFICATE OF SERVICE by Erik Santana re #43 Joint MOTION to Continue Final Approval Hearing (Henderson, J.D.) (lrf).
June 5, 2017 Filing 43 Joint MOTION to Continue Final Approval Hearing by Erik Santana. (Henderson, J.D.) QC mail RE: missing certificate of service (lrf).
April 5, 2017 Opinion or Order Filing 42 ORDER granting #41 Joint Motion to Continue Final Approval Hearing. The Final Approval Hearing is cont to 7/24/2017 12:30 PM before Judge Larry Alan Burns. Signed by Judge Larry Alan Burns on 4/5/17. (kas)
April 4, 2017 Filing 41 Joint MOTION to Continue Final Approval Hearing by Erik Santana. (Henderson, J.D.) (kas).
January 18, 2017 Opinion or Order Filing 40 ORDER granting #22 Motion for Preliminary Approval of Class Settlement. Fairness Hearing set for 4/17/2017 12:00 PM in Courtroom 14A before Judge Larry Alan Burns. Signed by Judge Larry Alan Burns on 1/18/2017. (jpp)
January 18, 2017 Opinion or Order Filing 39 MINUTE ORDER - The hearing on calendar for Monday, January 23, 2017 at 12:00 noon on the motion for preliminary approval of the settlement is vacated. The Court will issue an order on the motion shortly. Signed by Judge Larry Alan Burns on 1/18/2017.(jpp)
December 22, 2016 Filing 38 REPORT AND RECOMMENDATION recommending that plaintiff's #22 MOTION for Preliminary Approval be granted. Objections to R&R due by 1/5/2017, Replies due by 1/17/2017. Signed by Magistrate Judge Jan M. Adler on 12/22/16.(kas)
December 21, 2016 Filing 37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Telephonic Motion Hearing) held on 12/13/2016, before Magistrate Judge Jan M. Adler. Court Reporter/Transcriber: Echo Reporting. 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 1/11/2017. Redacted Transcript Deadline set for 1/23/2017. Release of Transcript Restriction set for 3/21/2017. (akr)
December 13, 2016 Filing 36 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Hearing on Motion for Preliminary Approval of Class Settlement held on 12/13/2016. (Plaintiff Attorneys Thomas Rutledge, J.D. Henderson). (Defendant Attorney Scott Witlin). (no document attached) (cdc)
December 7, 2016 Opinion or Order Filing 35 ORDER Setting Hearing on Plaintiff's Motion for Preliminary Approval of Settlement. A telephonic hearing will be held on Plaintiffs motion for preliminary approval of settlement on December 13, 2016 at 10:30 a.m. Signed by Magistrate Judge Jan M. Adler on 12/7/2016.(sjt)
November 29, 2016 Opinion or Order Filing 34 Minute Order: Currently on calendar for Monday, December 5, 2016 is a hearing on the parties' joint motion for preliminary approval of the class action settlement #22 . This issue has been referred to Magistrate Judge Jan Adler for a report and recommendation, and Judge Adler has ordered additional briefing. To allow adequate time for the preparation of the report and recommendation, the hearing is CONTINUED to Monday, January 23, 2017 at 12:00 noon. Signed by Judge Larry Alan Burns on 11/29/2016 (Court Reporter/ECR N/A). (Plaintiff Attorney No appearance).(Defendant Attorney No appearance). (kas)
November 28, 2016 Filing 33 CERTIFICATE OF SERVICE by Erik Santana re #32 Response in Support of Motion supplemental brief (Henderson, J.D.) (kas).
November 15, 2016 Filing 32 RESPONSE in Support re #22 MOTION to Certify Class Settlement (preliminary approval) supplemental brief filed by Erik Santana. (Henderson, J.D.)(kas).
November 4, 2016 Opinion or Order Filing 31 ORDER Requiring Supplemental Briefing on Plaintiff's Motion for Preliminary Approval of Settlement. Plaintiff's supplemental briefing shall be filed by no later than November 14, 2016. Signed by Magistrate Judge Jan M. Adler on 11/4/16.(kas)
October 13, 2016 Filing 30 CERTIFICATE OF SERVICE by Kehe Food Distributors, Inc. re #28 Non Opposition to Motion for Preliminary Approval (Hernandez, Steve) (kas).
October 13, 2016 Opinion or Order Filing 29 ORDER continuing hearing on #22 MOTION for Preliminary Settlement Approval. Because of a scheduling conflict, that hearing is cont to 12/5/2016 12:00 PM before Judge Larry Alan Burns. Objections to R&R should be received by 11/28/2016. Signed by Judge Larry Alan Burns on 10/12/16.(kas)
October 7, 2016 Filing 28 NON Opposition re #22 MOTION to Certify Class Settlement (preliminary approval) filed by DOES 1 through 100, Kehe Food Distributors, Inc.. (Hernandez, Steve) (kas).
September 14, 2016 Opinion or Order Filing 27 ORDER of Reference. The motion to certify a class and for preliminary approval of the settlement (Docket no. #22 ) is REFERRED to Magistrate Judge Jan Adler for a report and recommendation, to be issued so that any objections are received by October 24, 2016. Signed by Judge Larry Alan Burns on 9/13/16.(kas)
September 1, 2016 Filing 26 NOTICE by Erik Santana re #22 MOTION to Certify Class Settlement (preliminary approval) (Attachments: #1 Proof of Service Certificate of Service)(Henderson, J.D.) (jpp).
September 1, 2016 Opinion or Order Filing 25 Minute Order: Plaintiff has filed a Motion for Preliminary Approval of Class Settlement. Therefore, the Case Management Conference set for September 1, 2016 at 9:30 a.m. is VACATED. So Ordered by Magistrate Judge David H. Bartick on 9/1/2016.(no document attached) (wdb)
August 31, 2016 Filing 24 CERTIFICATE OF SERVICE by Erik Santana re #22 MOTION to Certify Class Settlement (preliminary approval), #23 Amended Complaint (Henderson, J.D.) (jpp).
August 31, 2016 Filing 23 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Erik Santana. (Henderson, J.D.) (jpp).
August 31, 2016 Filing 22 MOTION to Certify Class Settlement (preliminary approval) by Erik Santana. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Henderson, J.D.) (jpp).
July 18, 2016 Opinion or Order Filing 21 ORDER Setting Telephonic Case Management Conference. Settlement Disposition Conference was held on 7/18/2016. Rule 26(f) conference shall be completed by 8/11/2016. Proposed Joint Discovery Plan shall be submitted directly to Magistrate Judge Bartick's Chambers by 8/25/2016. Telephonic, Attorney's Only Case Management Conference set for 9/1/2016 09:30 AM before Magistrate Judge David H. Bartick. All dates and deadlines set in this Order shall be vacated upon the filing of a Motion for Preliminary Approval of the Class Action Settlement. Signed by Magistrate Judge David H. Bartick on 7/18/2016. (jah)
July 18, 2016 Filing 20 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: Settlement Disposition Conference held on 7/18/2016. Order to follow. (Plaintiff Attorney Thomas Rutledge). (Defendant Attorney Steve Hernandez, Scott Witlin). (no document attached) (cxe)
June 16, 2016 Opinion or Order Filing 19 Order Scheduling Settlement Disposition Conference. On June 16, 2016, the Court held a Settlement Disposition Conference. A Motion for Preliminary Approval of the Class Action Settlement shall be submitted to the Honorable Larry Alan Burns on or before July 15, 2016. Settlement Disposition Conference set for 7/18/2016 01:30 PM before Magistrate Judge David H. Bartick.Signed by Magistrate Judge David H. Bartick on 6/16/16.(kas)
June 16, 2016 Filing 18 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: Settlement Disposition Conference held on 6/16/2016. Order to follow. (Plaintiff Attorney J.D. Henderson). (Defendant Attorney Scott Witlin). (no document attached) (cxe)
April 25, 2016 Opinion or Order Filing 17 ORDER Scheduling Settlement Disposition Conference. On April 22, 2016, the Court held a Settlement Conference. A Motion for Preliminary Approval of the Class Action Settlement shall be submitted to the Honorable Larry Alan Burns on or before June 15, 2016. Settlement Disposition Conference set for 6/16/2016 09:30 AM before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 4/25/16.(kas)
April 25, 2016 Filing 16 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: Settlement Conference held on 4/22/2016. Case settled. Order to follow.(Plaintiff Attorney J.D. Henderson, Thomas D. Rutledge). (Defendant Attorney Scott Witlin). (Erik Santana, Justin Mallot).(no document attached) (cxe)
April 22, 2016 Opinion or Order Filing 15 ORDER granting #14 Joint Motion for Leave to Amend. Plaintiff should promptly file the amended complaint. Signed by Judge Larry Alan Burns on 4/22/16. (kas)
April 5, 2016 Filing 14 Joint MOTION to Amend/Correct Complaint by Erik Santana. (Rutledge, Thomas) (kas).
March 28, 2016 Opinion or Order Filing 13 ORDER setting further Settlement Conference. Settlement Conference set for 4/22/2016 02:00 PM before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 3/28/2016.(jpp)
March 28, 2016 Filing 12 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: Status Conference held on 3/28/2016. Order to follow. (Plaintiff Attorney Thomas Rutledge). (Defendant Attorney Scott Witlin, Steve Hernandez). (no document attached) (wdb)
February 18, 2016 Opinion or Order Filing 11 Order Following ENE. Early Neutral Evaluation Conference held on 2/18/16. Status Conference set for 3/28/2016 01:30 PM before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 2/18/16.(kas)
February 18, 2016 Filing 10 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: Early Neutral Evaluation Conference held on 2/18/2016. The case did not settle. Order to follow.(Plaintiff Attorney Thomas Rutledge). (Defendant Attorney Scott Witlin). (Plaintiff Erik Santana). (Defendant's representative Justin Mallot).(no document attached) (mbr)
February 10, 2016 Opinion or Order Filing 9 ORDER granting #8 Joint Motion to Continue Early Neutral Evaluation Conference. Early Neutral Evaluation cont to 2/18/2016 10:00 AM before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 2/10/16. (kas)
February 9, 2016 Filing 8 Joint MOTION to Continue Early Neutral Evaluation by Kehe Food Distributors, Inc.. (Hernandez, Steve) (kas).
January 11, 2016 Filing 7 NOTICE of Appearance by Thomas D Rutledge on behalf of Erik Santana (Rutledge, Thomas)(kas).
January 7, 2016 Filing 6 NOTICE by Kehe Food Distributors, Inc. of Filing of Notice to Superior Court and Adverse Party of Defendant's Removal of Civil Action to Federal Court (Attachments: #1 Exhibit 1)(Hernandez, Steve) (kas).
January 7, 2016 Filing 5 DEMAND for Trial by Jury by Erik Santana. (Rutledge, Thomas) (kas).
January 5, 2016 Opinion or Order Filing 4 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 2/12/2016 02:00 PM before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 1/5/16.(kas)
January 4, 2016 Filing 3 MINUTE ORDER OF RECUSAL. Judge Thomas J. Whelan, Magistrate Judge Barbara Lynn Major is no longer assigned. Case reassigned to Judge Larry Alan Burns and Magistrate Judge David H. Bartick for all further proceedings. The new case number is 15cv2963-LAB-DHB.(no document attached) (acc)
December 31, 2015 Filing 2 ANSWER to Complaint (Notice of Removal) by Kehe Food Distributors, Inc.. (acc)
December 31, 2015 Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-2015-00038351-CU-OE-CTL. ( Filing fee $ 400 receipt number 0974-8682804.), filed by Kehe Food Distributors, Inc.. (Attachments: #1 Cover Sheet, #2 Exhibit 1: Superior Court Complaint, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5: Answer to Superior Court Complaint, #7 Declaration Steve L. Hernandez, #8 Declaration Justin Mallot)The new case number is 3:15-cv-2963-W-BLM. Judge Thomas J. Whelan and Magistrate Judge Barbara Lynn Major are assigned to the case. (Hernandez, Steve)(acc)

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Defendant: Kehe Food Distributors, Inc.
Represented By: Steve Lou Hernandez
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Defendant: DOES 1 through 100
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Plaintiff: Erik Santana
Represented By: Thomas D Rutledge
Represented By: J.D. Henderson
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