Davis et al v. Red Eyed Jack's Sports Bar, Inc. et al
Amber Moore and Cierra Davis |
Red Eyed Jack's Sports Bar, Inc., Rich Buonantony, Suzanne Coe and Red Eyed Jack's Sports Bar, Inc. a Nevada Corporation doing business as Cheetah's Gentlemen's Club doing business as Cheetahs Nightclub |
3:2017cv01111 |
May 31, 2017 |
US District Court for the Southern District of California |
San Diego Office |
San Diego |
Jan M Adler |
Roger T Benitez |
Labor: Fair Standards |
29 U.S.C. § 0206 FLSA: Minimum Wage |
Plaintiff |
Docket Report
This docket was last retrieved on August 20, 2018. A more recent docket listing may be available from PACER.
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Filing 64 ORDER granting #63 Joint Motion to Dismiss. Signed by Judge Roger T. Benitez on 8/20/2018. (anh) (sjt). |
Filing 63 Joint MOTION to Dismiss Action With Prejudice by Cierra Davis, Amber Moore. (Attachments: #1 Proof of Service)(Glick, Noam) (anh). |
Filing 62 NOTICE of Settlement by Red Eyed Jack's Sports Bar, Inc. (Saccuzzo, Jason) (anh). |
Filing 61 ORDER granting in part #60 Joint Motion to Continue Deadline For Plaintiff to File Class Certification Motion. The Court instead grants a continuance until September 17, 2018 for Plaintiff to file her motion for class certification. Signed by Magistrate Judge Jan M. Adler on 6/28/2018. (anh) |
Filing 60 Joint MOTION to Continue The Deadline for Plaintiff to File Her Class Certification Motion by Amber Moore. (Attachments: #1 [Proposed] Order, #2 Proof of Service)(Glick, Noam)(anh). |
Filing 59 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 6/20/2018. (Plaintiff Attorneys Alex Tomasevic, Noam Glick). (Defendant Attorneys Jason Saccuzzo, Steve Hoffman). (no document attached) (cdc) |
Filing 58 Minute Order issued by the Honorable Roger T. Benitez: Submitting #47 MOTION to Certify Class Conditionally. Court to issue written Order. Motion Hearing date of 6/18/2018 10:30AM is hereby vacated. (no document attached) (gxr) |
Filing 57 REPLY to Response to Motion re #47 MOTION to Certify Class Conditionally filed by Cierra Davis, Amber Moore. (Attachments: #1 Proof of Service)(Greco, David) (anh). |
Filing 56 ORDER: (1) granting #51 Motion for Reconsideration; (2) Vacating in Part May 9, 2018 Order; and (3) Granting Motion to Compel Arbitration. Signed by Judge Roger T. Benitez on 6/7/2018. (anh) |
Filing 55 Minute Entry by Magistrate Judge Jan M. Adler: On the Court's own motion, Case Management Conference set for 6/7/2018 continued to 6/20/2018 10:30 AM before Magistrate Judge Jan M. Adler. Counsel shall use the call-in information provided in the order docketed at ECF No. 54. (no document attached) (cdc) |
Filing 54 ORDER Regarding Case Management Conference. Signed by Magistrate Judge Jan M. Adler on 6/4/2018.(anh) |
Filing 53 NOTICE of Joinder by Rich Buonantony re #52 Response in Opposition to Motion, to Certify Class Conditionally (Attachments: #1 Proof of Service)(Saccuzzo, Jason) (anh). |
Filing 52 RESPONSE in Opposition re #47 MOTION to Certify Class Conditionally filed by Suzanne Coe, Red Eyed Jack's Sports Bar, Inc.. (Attachments: #1 Declaration of Jason P. Saccuzzo, #2 Declaration of RIch Buonantony, #3 Appendix of Exhibits, #4 Objections to Deposition Testimony of Amber Moore from Prior State Court Action Submitted by Plaintiffs in Support of Motion for Condition Certification, #5 Proof of Service)(Saccuzzo, Jason) (anh). |
Filing 51 MOTION for Reconsideration re #48 Order on Motion to Compel, and Notice to Court Regarding Ernst & Young v. Morris by Suzanne Coe, Red Eyed Jack's Sports Bar, Inc.. (Attachments: #1 Proof of Service)(Saccuzzo, Jason) (anh). |
Filing 50 NOTICE OF WITHDRAWAL OF DOCUMENT by Red Eyed Jack's Sports Bar, Inc., Suzanne Coe re #49 Notice (Other), filed by Red Eyed Jack's Sports Bar, Inc., Suzanne Coe . (Attachments: #1 Proof of Service)(Saccuzzo, Jason) (anh). |
Filing 49 **DOCUMENT WITHDRAWN PER [50}** NOTICE to the Court Regarding Ernst & Young v. Morris and Request for Reconsideration by Suzanne Coe, Red Eyed Jack's Sports Bar, Inc. re #48 Order on Motion to Compel, (Attachments: #1 Proof of Service)(Saccuzzo, Jason) QC Mailer Sent re: Wrong Event Selected. Refile Requested. (anh). |
Filing 48 ORDER: (1) Denying Defendants' Motion to Compel Arbitration; and (2) Granting in Part Defendants' Request for Stay, re #32 , #34 . Signed by Judge Roger T. Benitez on 5/9/2018. (anh) |
Filing 47 MOTION to Certify Class Conditionally by Cierra Davis, Amber Moore. (Attachments: #1 Memo of Points and Authorities in support of Motion for Conditional Certification, #2 Notice of Lodgment of Exhibits, #3 Exhibit A - Bounantony Deposition Transcript, #4 Exhibit B - Coe Deposition Transcript, #5 Exhibit C - Moore Deposition Transcript, #6 Exhibit D - Hayes Deposition Transcript, #7 Exhibit E - Sief Deposition Transcript, #8 Declaration of David G. Greco, #9 Exhibit F - Proposed Notice, #10 Proof of Service)(Greco, David) (anh). |
Filing 46 SCHEDULING ORDER Through Filing of Motion for Class Certification: Case Management Conference set for 6/7/2018 09:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 3/7/2018.(anh) |
Filing 45 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 3/7/2018. (Plaintiff Attorney Noam Glick). (Defendant Attorneys Jason Saccuzzo, Steve Hoffman). Court to issue scheduling order. (no document attached) (cdc) |
Filing 44 JOINT DISCOVERY PLAN by Cierra Davis, Amber Moore (Attachments: #1 Proof of Service)(Glick, Noam) (anh). |
Filing 43 Order Following ENE. Early Neutral Evaluation Conference held on 2/8/2018. Telephonic Case Management Conference set for 3/7/2018 10:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 2/8/2018.(anh) |
Filing 42 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Early Neutral Evaluation Conference held on 2/8/2018. (Plaintiff Attorneys Alex Tomasevic, Noam Glick). (Attorney Jason Saccuzzo for Defendant Red Eyed Jack's Sports Bar, Inc., Attorney Steve Hoffman for Defendant Rich Buonantony). Court to issue written order. (no document attached) (cdc) |
Filing 41 Minute Order issued by the Honorable Roger T. Benitez: Submitting #32 MOTION to Compel Arbitration as to Cierra Davis and Notice of Motion and Stay Proceedings. Court to issue written Order. Motion Hearing date of 12/4/2017 10:30AM is hereby vacated. (no document attached) (gxr) |
Filing 40 Minute Entry by Magistrate Judge Jan M. Adler: Due to counsel's calendar conflicts, Early Neutral Evaluation Conference set for 12/6/2017 is rescheduled for 2/8/2018 10:00 AM before Magistrate Judge Jan M. Adler. (no document attached) (cdc) |
Filing 39 REPLY to Response to Motion re #32 MOTION to Compel Arbitration as to Cierra Davis and Notice of Motion and Stay Proceedings filed by Suzanne Coe, Red Eyed Jack's Sports Bar, Inc.. (Attachments: #1 Declaration Supplemental Declaration of Jason P. Saccuzzo, #2 Objections to the Declaration of Cierra Davis Submitted in Support of the Opposition to Defendants' Motion to Compel Arbitration, #3 Proof of Service)(Saccuzzo, Jason) (anh). |
Filing 38 RESPONSE in Opposition re #32 MOTION to Compel Arbitration as to Cierra Davis and Notice of Motion and Stay Proceedings filed by Cierra Davis, Amber Moore. (Attachments: #1 Declaration of Cierra Davis in support of Plaintiffs' Opposition to Motion to Compel Arbitration and Stay Proceedings, #2 Proof of Service)(Greco, David) |
Filing 37 NOTICE of Disassociation of Kelsey D. McCarthy by Cierra Davis, Amber Moore (Attachments: #1 Proof of Service)(Glick, Noam) (knb). |
Filing 36 ORDER Granting #30 Motion to Substitute Attorney. Steve Hoffman is substituted as counsel of record in place of Jason P Saccuzzo for Rich Buonantony. Signed by Judge Roger T. Benitez on 11/8/2017. (knb) |
Filing 35 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 12/6/2017 10:00 AM in chambers before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 10/27/2017.(knb) |
Filing 34 MOTION to Compel Arbitration, Joinder by Rich Buonantony. (Attachments: #1 Proof of Service)(Hoffman, Steve) (knb). |
Filing 33 ANSWER to #29 Amended Complaint of Amber Moore Only by Rich Buonantony. (Attachments: #1 Proof of Service)(Hoffman, Steve) (knb). |
Filing 32 MOTION to Compel Arbitration as to Cierra Davis and Notice of Motion and Stay Proceedings by Suzanne Coe, Red Eyed Jack's Sports Bar, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice of Exhibits, #3 Declaration of Richard Buonantony and Attached Exhibits, #4 Proof of Service)(Saccuzzo, Jason) (knb). |
Filing 31 Answer of Defendant Red Eyed Jack's Sports Bar, Inc. and Suzanne Coe Only to Third Amended Complaint of Plaintiff Amber Moore Only ANSWER to #29 Amended Complaint and Jury Demanded by Red Eyed Jack's Sports Bar, Inc., Suzanne Coe.(Federici, Michael) (knb). |
Filing 30 MOTION to Substitute Attorney by Rich Buonantony. (Attachments: #1 Proof of Service)(Hoffman, Steve)Attorney Steve Hoffman added to party Rich Buonantony(pty:dft) (knb). |
Filing 29 Third AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Cierra Davis. (Attachments: #1 Proof of Service) (Glick, Noam) (knb). |
Filing 28 ORDER: (1) Granting #27 Joint Motion for Leave for Plaintiffs' to File Third Amended Complaint; and (2) Dismissing Defendants' #24 Motion to Compel Arbitration. Plaintiffs shall file their TAC within two (2) days of the date of this Order. Defendants' response is due twenty-one (21) days from the date Plaintiffs' TAC is filed. Signed by Judge Roger T. Benitez on 10/2/2017. (knb) Modified to correct image and text on 10/4/2017 (knb). |
Filing 27 Joint MOTION for Leave to File Third Amended Complaint by Cierra Davis, Amber Moore. (Attachments: #1 Proof of Service)(McCarthy, Kelsey) (knb). |
Filing 26 Dft Red Eyed Jack's ONLY ANSWER to #22 Amended Complaint of Pltf. Amber Moore ONLY by Red Eyed Jack's Sports Bar, Inc..(Federici, Michael) (knb). |
Filing 25 WITHDRAWN per #28 Order. MOTION to Dismiss for Failure to State a Claim of Individual Defendants and Notice of Motion by Rich Buonantony, Suzanne Coe, Red Eyed Jack's Sports Bar, Inc. (Attachments: #1 Memo of Points and Authorities in Support of Individual Defendants' Motion to Dismiss Under Rule 12(b)(6), #2 Proof of Service)(Saccuzzo, Jason) (knb). |
Filing 24 MOTION to Compel Arbitration and Stay Proceedings and Notice of Motion by Rich Buonantony, Suzanne Coe, Red Eyed Jack's Sports Bar, Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Defendants' Motion to Compel Arbitration and Stay Proceedings, #2 Declaration of Richard Buonantony and Attached Exhibits in Support of Defendants' Motion to Compel Arbitration and Stay Proceedings, #3 Request for Judicial Notice in Support of Defendants' Motion to Compel Arbitration and Stay Proceedings, #4 Proof of Service)(Saccuzzo, Jason)Attorney Jason P Saccuzzo added to party Rich Buonantony(pty:dft) (knb). |
Filing 23 Summons Issued #22 Second Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (knb) |
Filing 22 Second AMENDED COMPLAINT with Jury Demand against Suzanne Coe, Red Eyed Jack's Sports Bar, Inc., Rich Buonantony, filed by Amber Moore, Cierra Davis. (Attachments: #1 Proof of Service)New Summons Requested. (Greco, David) (knb). |
Filing 21 ORDER: (1) Granting #20 Joint Motion for Leave for Plaintiffs' to File Second Amended Complaint; and (2) Dismissing Defendants' #18 Motion to Compel Arbitration. Plaintiffs shall file their SAC within three (3) days of the date of this Order. Defendants shall have thirty (30) days from the date Plaintiffs' SAC is filed to file their answer or otherwise respond. Signed by Judge Roger T. Benitez on 8/10/2017. (knb) (jao). |
Filing 20 Joint MOTION for Leave to File Second Amended Complaint, Joint MOTION to Withdraw #19 MOTION to Dismiss or, in the Alternative, to Stay Plaintiff Amber Moore's Claims by Cierra Davis, Amber Moore. (Attachments: #1 Exhibit A)(Greco, David) (knb). |
Filing 19 WITHDRAWN per #21 Order. MOTION to Dismiss or, in the Alternative, to Stay Plaintiff Amber Moore's Claims by Suzanne Coe, Red Eyed Jack's Sports Bar, Inc. (Attachments: #1 Memo of Points and Authorities in Support of Motion by Defendants to Dismiss or, in the Alternative, to Stay Plaintiff Amber Moore's Claims, #2 Declaration of Jason P. Saccuzzo in Support of Motion by Defendants to Dismiss or, in the Alternative, to Stay Plaintiff Amber Moore's Claims, #3 Request for Judicial Notice in Support of Motion by Defendants to Dismiss or, in the Alternative, to Stay Plaintiff Amber Moore's Claims, #4 Proof of Service)(Saccuzzo, Jason) (knb). |
Filing 18 MOTION to Compel Arbitration and Stay Proceedings by Suzanne Coe, Red Eyed Jack's Sports Bar, Inc.. (Attachments: #1 Memo of Points and Authorities Memorandum of Points and Authorities in Support of Defendant Red Eyed Jack's Sports Bar, Inc.'s Motion to Compel Arbitration and Stay Proceedings, #2 Declaration Declaration of Richard Buonantony and Attached Exhibits in Support of Defendant Red Eyed Jack's Sports Bar, Inc.'s Notice of Motion and Motion to Compel Arbitration and Stay Proceedings, #3 Request for Judicial Notice Request for Judicial Notice of Exhibits in Support of Defendant Red Eyed Jack's Sports Bar, Inc.'s Motion to Compel Arbitration and Stay Proceedings, #4 Proof of Service Declaration of Service)(Saccuzzo, Jason)Attorney Jason P Saccuzzo added to party Suzanne Coe(pty:dft), Attorney Jason P Saccuzzo added to party Red Eyed Jack's Sports Bar, Inc. (pty:dft) |
Filing 17 NOTICE of Appearance of Counsel by Kelsey Dale McCarthy on behalf of Cierra Davis, Amber Moore (McCarthy, Kelsey)Attorney Kelsey Dale McCarthy added to party Cierra Davis(pty:pla), Attorney Kelsey Dale McCarthy added to party Amber Moore(pty:pla) |
Filing 16 Notice of Document Discrepancies and Order Thereon by Judge Roger T. Benitez Rejecting re #15 Second Amended Complaint, from Plaintiffs Cierra Davis, Amber Moore. Non-compliance with local rule(s), Filing requires leave of Court. 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 chambers of Roger T. Benitez on 7/19/2017. (knb) (Additional attachment(s) added on 7/19/2017: #1 Rejected Document) (knb). |
Filing 15 STRICKEN per #16 Notice of Document Discrepancies and Order Thereon. Second AMENDED COMPLAINT with Jury Demand (Second) against All Defendants, filed by Amber Moore, Cierra Davis.New Summons Requested. (Glick, Noam) (knb). (Main Document 15 replaced on 7/19/2017) (knb). |
Filing 14 NOTICE of Appearance of Counsel by Noam Glick on behalf of Cierra Davis, Amber Moore (Glick, Noam)Attorney Noam Glick added to party Cierra Davis(pty:pla), Attorney Noam Glick added to party Amber Moore(pty:pla) (knb). |
Filing 12 DECLARATION re #7 Amended Complaint Jasmine Hayes's FLSA Opt-In Form by Plaintiffs Cierra Davis, Amber Moore. (Attachments: #1 Exhibit A, #2 Proof of Service)(Greco, David) (knb). |
Filing 13 ORDER Granting #11 Joint Motion for Extension of Time to Respond to the First Amended Complaint. Defendants shall have until July 23, 2017, to file a response to Plaintiff's First Amended Complaint. Signed by Judge Roger T. Benitez on 7/10/2017. (knb) |
Filing 11 Joint MOTION for Extension of Time to File Answer re #7 Amended Complaint by Cierra Davis, Amber Moore. (Tomasevic, Alex)Attorney Alex M Tomasevic added to party Amber Moore(pty:pla) (knb). |
Filing 10 ORDER granting #9 Joint Motion for Extension of Time to Respond to Complaint. Defendants shall have until 7/23/2017, to file a response to Plaintiff's Complaint. Signed by Judge Roger T. Benitez on 6/26/2017. (fth) |
Filing 9 Joint MOTION for Extension of Time to File Response to Complaint by Suzanne Coe, Red Eyed Jack's Sports Bar, Inc.. (Federici, Michael)Attorney Michael Louis Federici added to party Suzanne Coe(pty:dft), Attorney Michael Louis Federici added to party Red Eyed Jack's Sports Bar, Inc. (pty:dft) |
Filing 8 DECLARATION re #7 Amended Complaint re Amber Moore and Khadijah Sief's FLSA Opt In Forms by Plaintiffs Cierra Davis, Amber Moore. (Attachments: #1 Exhibit A, #2 Exhibit B)(Greco, David) |
Filing 7 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Cierra Davis, Amber Moore. (Greco, David) (knb). |
Filing 6 SUMMONS Returned Executed by Cierra Davis. Suzanne Coe served. (Greco, David) (knb). |
Filing 5 DECLARATION re #1 Complaint, Attaching Plaintiff's FLSA Opt-In Form by Plaintiff Cierra Davis. (Attachments: #1 Exhibit A)(Greco, David) (knb). |
Filing 4 NOTICE of Appearance by David Gerald Greco on behalf of Cierra Davis (Greco, David)Attorney David Gerald Greco added to party Cierra Davis(pty:pla) (knb). |
Filing 3 NOTICE of Appearance by Alex M Tomasevic on behalf of Cierra Davis (Tomasevic, Alex)Attorney Alex M Tomasevic added to party Cierra Davis(pty:pla) (knb). |
Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mxn) |
Filing 1 COMPLAINT with Jury Demand against All Defendants (Filing fee $400 receipt number 0974-10125002.), filed by Cierra Davis. (Attachments: #1 Civil Cover Sheet)The new case number is 3:17-cv-1111-BEN-JMA. Judge Roger T. Benitez and Magistrate Judge Jan M. Adler are assigned to the case. (Nicholas, Craig)(mxn) (sjt). |
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