Dewse v. Albertsons Companies, Inc. et al
| Allison Dewse |
| Albertsons Companies, Inc., The Vons Companies, Inc. and Does 2-100 |
| 3:2022cv00013 |
| January 5, 2022 |
| US District Court for the Southern District of California |
| Roger T Benitez |
| Jill L Burkhardt |
| Marilyn L Huff |
| Labor: Other |
| 28 U.S.C. § 1332 lr Diversity - Labor |
| Both |
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Filing 46
ORDER granting #45 Motion to Extend the Stay of all proceedings in this action until February 17, 2023. The Court also orders the parties to submit a joint statement regarding the status of the Rodarte/McCarthy Settlement by February 10, 2023. Signed by Judge Marilyn L. Huff on 10/26/2022. (jms)
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| Filing 45 Joint MOTION for Order To Extend The Stay Of All Proceedings In This Action by Albertsons Companies, Inc., The Vons Companies, Inc.. (Hernandez, Brittany) (jms). |
| Filing 44 Minute Entry for proceedings held before Judge Marilyn L. Huff: Motion Hearing held on 8/15/2022 re #40 Ex Parte MOTION to Stay Action; #31 , #32 MOTIONS for Partial Summary Judgment. The Court will issue a written order. (Court Reporter/ECR Lynnette Lawrence). (Plaintiff Attorney Shaun A Markley). (Defendant Attorney Brittany Maraya Hernandez; Mara D. Curtis). (no document attached) (rlw) |
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Filing 43
ORDER granting #40 Motion to Stay. Signed by Judge Marilyn L. Huff on 8/15/2022. (sjt)
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| Filing 42 RESPONSE in Opposition re #40 Ex Parte MOTION to Stay Action filed by Allison Dewse. (Attachments: #1 Declaration of Shaun Markley)(Markley, Shaun) (tcf). |
| Filing 41 MINUTE ORDER: Plaintiff may file an opposition to Defendants Motion to Stay #40 on or before Wednesday, August 10, 2022. No reply will be permitted absent further order of the Court. The hearing on the parties cross-motions for partial summary judgment remains set for 8/15/2022 at 10:30 AM before Judge Marilyn L. Huff.(no document attached) (jms) |
| Filing 40 Ex Parte MOTION to Stay Action by Albertsons Companies, Inc., The Vons Companies, Inc.. (Attachments: #1 Declaration of Mara D. Curtis in Support of Defendants' Request for Ex Parte Relief to Stay Action, #2 Request for Judicial Notice Request for Judicial Notice In Support of Ex Parte Application for Order to Stay Action)(Curtis, Mara) (jms). |
| Filing 39 NOTICE of Hearing on Motion: Due to a conflict with the Court's criminal calendar, the hearing on #31 Plaintiff's Motion for Partial Summary Judgment and #32 Defendants' Motion for Partial Summary Judgment, set for 8/1/2022 at 10:30 AM is vacated and rescheduled for 8/15/2022 at 10:30 AM before Judge Marilyn L. Huff.(no document attached) (rlw) |
| Filing 38 REPLY to Response to Motion re #31 MOTION for Partial Summary Judgment filed by Allison Dewse. (Markley, Shaun) (jms). |
| Filing 37 REPLY to Response to Motion re #32 MOTION for Partial Summary Judgment filed by Albertsons Companies, Inc., The Vons Companies, Inc.. (Attachments: #1 Defendants' Objections to Evidence Filed by Plaintiff Allison Dewse In Support of Opposition to Motion for Partial Summary Judgment)(Curtis, Mara) (jms). |
| Filing 36 RESPONSE in Opposition re #31 MOTION for Partial Summary Judgment Of Plaintiff Allison Dewse filed by Albertsons Companies, Inc., The Vons Companies, Inc.. (Attachments: #1 Compendium of Evidence Volume I in Support of Defendants' Opposition to Plaintiff Allison Dewse Motion for Partial Summary Judgment, #2 Compendium of Evidence Volume II in Support of Defendants' Opposition to Plaintiff Allison Dewse Motion for Partial Summary Judgment, #3 Table of Contents for Exhibits to Compendium of Evidence in Support of Opposition to Plaintiff Allison Dewse's Motion for Partial Summary Judgment, #4 Request for Judicial Notice in Support of Defendants' Opposition to Plaintiff's Partial Motion for Summary Judgment, #5 Defendants' Objections to Evidence Filed By Plaintiff Allison Dewse in Support of Plaintiff's Motion for Partial Summary Judgment)(Curtis, Mara)(jrm). |
| Filing 35 RESPONSE in Opposition re #32 MOTION for Partial Summary Judgment filed by Allison Dewse. (Attachments: #1 Declaration of Shaun Markley, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Request for Judicial Notice)(Markley, Shaun) (jrm). |
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Filing 34
ORDER granting #33 Joint Motion to Continue Hearing and Set Briefing Schedule. Signed by Judge Marilyn L. Huff on 6/29/2022. (jms)
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| Filing 33 Joint MOTION to Continue the Hearing Dates and Related Filing Deadlines on the Cross-Motions for Partial Summary Judgment by Albertsons Companies, Inc., The Vons Companies, Inc.. (Hernandez, Brittany) (jms). |
| Filing 32 MOTION for Partial Summary Judgment by Albertsons Companies, Inc., The Vons Companies, Inc.. (Attachments: #1 Defendants' Compendium of Evidence in Support of Motion for Partial Summary Judgment, #2 Table of Contents for Exhibits to Compendium of Evidence in Support of Motion for Partial Summary Judgment, #3 Request for Judicial Notice in Support of Defendants' Motion for Partial Summary Judgment)(Curtis, Mara) |
| Filing 31 MOTION for Partial Summary Judgment by Allison Dewse. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Shaun Markley, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Declaration of Allison Dewse, #11 Exhibit H, #12 Request for Judicial Notice)(Markley, Shaun) |
| Filing 30 NOTICE OF RELATED CASE(S) by Albertsons Companies, Inc., The Vons Companies, Inc. of case(s) Case No. RIC 1904892; Case No. 37-2019-00059318-CU-WT-CTL; Case No. CIVDS2021085; Case No. RG20082630; Case No. 22STCV07345; Case No. 22STCV13807 . (Curtis, Mara) (jms). |
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Filing 29
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Good cause appearing, the parties' #28 Second Joint Motion for Order to Amend Scheduling Order is GRANTED. Accordingly, any Motion for Summary Judgment and/or Adjudication related to the calculation of the regular rate of pay for overtime purposes must be filed by June 17, 2022. All other deadlines and directions set forth in the #16 Scheduling Order remain in effect. (no document attached) (cxe)
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| Filing 28 Joint MOTION to Continue Deadline to File Motion for Summary Judgment by Albertsons Companies, Inc., The Vons Companies, Inc.. (Attachments: #1 Declaration of Brittany M. Hernadez in Support of Second Joint Motion for Order to Amend Scheduling Order to Continue Deadline to File Motion for Summary Judgment)(Hernandez, Brittany) (fth). |
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Filing 27
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Good cause appearing, the parties' #26 Joint Motion to Amend the Scheduling Order is GRANTED. Accordingly, the #16 Scheduling Order is modified as follows: Any Motion for Summary Judgment and/or Adjudication related to the calculation of the regular rate of pay for overtime purposes must be filed by June 3, 2022. All other deadlines and directions set forth in the Scheduling Order remain in effect. (no document attached) (cxe)
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| Filing 26 Joint MOTION to Amend/Correct #16 Scheduling Order by Albertsons Companies, Inc., The Vons Companies, Inc.. (Attachments: #1 Declaration)(Curtis, Mara) (jms). |
| Filing 25 Defendants' ANSWER to #21 Amended Complaint by Albertsons Companies, Inc., The Vons Companies, Inc..(Curtis, Mara) (jms). |
| Filing 24 MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge Marilyn L. Huff for all further proceedings. The new case number is 22cv0013-H-JLB.(no document attached) (ggv) |
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Filing 23
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Good cause appearing, the parties' #20 Joint Motion to Continue is GRANTED. Accordingly, the deadline to lodge a Joint Discovery Statement in accordance with Section V.B. of Judge Burkhardt's Civil Chambers Rules regarding responses to Defendants' Interrogatories and Requests for Production of Documents (Set One) is CONTINUED to 4/25/2022. The parties are further directed to review Section V.A. of Judge Burkhardt's Civil Chambers Rules, which requires the parties to meet and confer in person or by telephone. (no document attached) (cxe)
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Filing 22
ORDER Granting Joint Motion For Protective Order [ECF No. #18 ]. Signed by Magistrate Judge Jill L. Burkhardt on 3/21/2022. (ddf)
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| Filing 21 AMENDED COMPLAINT with Jury Demand (First Amended Class Action Complaint) against Albertsons Companies, Inc., The Vons Companies, Inc., filed by Allison Dewse. (Markley, Shaun) (ddf). |
| Filing 20 Joint MOTION to Continue Deadline to Lodge Joint Discovery Statement by Albertsons Companies, Inc., The Vons Companies, Inc.. (Hernandez, Brittany) (ddf). |
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Filing 19
ORDER granting #17 Joint Motion for an Order granting Plaintiff leave to file First Amended Complaint. Signed by Judge Roger T. Benitez on 3/17/2022. (jpp)
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| Filing 18 Joint MOTION for Protective Order by Albertsons Companies, Inc., The Vons Companies, Inc.. (Attachments: #1 Declaration)(Hernandez, Brittany) (jpp). |
| Filing 17 Joint MOTION for Leave to File First Amended Complaint by Allison Dewse. (Attachments: #1 Exhibit A (Redline Copy of FAC), #2 Exhibit B (Clean Copy of FAC))(Markley, Shaun) (jpp). |
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Filing 16
SCHEDULING ORDER regulating discovery and other pre-trial proceedings. Signed by Magistrate Judge Jill L. Burkhardt on 02/23/2022.(jpp)
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| Filing 15 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Early Neutral Evaluation Conference held by video on 2/17/2022. Case did not settle. Case Management Conference also held by video on 2/17/2022. Scheduling order to follow. (Plaintiff Attorney Jake W Schulte, Shaun A Markley). (Defendant Attorney Brittany Maraya Hernandez, Mara D. Curtis). (Allison Dewse, Sarrie Devore, Elena Dietrich).(no document attached) (cxe) |
| Filing 14 NOTICE OF RELATED CASE(S) by Albertsons Companies, Inc., The Vons Companies, Inc. of case(s) BC605621; 20STCV05641; RG21100503; 21STCV30338; and 21STCV38892 . (Curtis, Mara) (jpp). |
| Filing 13 REPORT of Rule 26(f) Planning Meeting. (Curtis, Mara) |
| Filing 12 JOINT DISCOVERY PLAN by Albertsons Companies, Inc., The Vons Companies, Inc. (Curtis, Mara) |
| Filing 11 NOTICE of Appearance by Noam Glick on behalf of Allison Dewse (Glick, Noam)Attorney Noam Glick added to party Allison Dewse(pty:pla) (jpp). |
| Filing 10 NOTICE of Appearance by Jake W Schulte on behalf of Allison Dewse (Schulte, Jake)Attorney Jake W Schulte added to party Allison Dewse(pty:pla)(jpp). |
| Filing 9 NOTICE of Appearance by Craig McKenzie Nicholas on behalf of Allison Dewse (Nicholas, Craig)Attorney Craig McKenzie Nicholas added to party Allison Dewse(pty:pla) (jpp). |
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Filing 8
NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation set for 2/17/2022 at 1:45pm. Joint Discovery Plan due 2/8/2022. Signed by Magistrate Judge Jill L. Burkhardt on 1/10/2022.(jpp)
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| Filing 7 CERTIFICATE OF SERVICE by Albertsons Companies, Inc., The Vons Companies, Inc. re #2 Corporate Disclosure Statement, #1 Notice of Removal,,,, (Hernandez, Brittany) (jpp). |
| Filing 6 NOTICE of Appearance by Brittany Maraya Hernandez on behalf of Albertsons Companies, Inc., The Vons Companies, Inc. (Hernandez, Brittany)Attorney Brittany Maraya Hernandez added to party Albertsons Companies, Inc. (pty:dft), Attorney Brittany Maraya Hernandez added to party The Vons Companies, Inc.(pty:dft) (jpp). |
| Filing 5 MINUTE ORDER OF RECUSAL. Magistrate Judge Ruben B. Brooks recuses from this case and is no longer assigned. Case reassigned to Magistrate Judge Jill L. Burkhardt for all further Magistrate Judge proceedings. The new case number is 22cv0013-BEN(JLB).(no document attached) (jsp) |
| Filing 4 ANSWER to Complaint (Notice of Removal) by The Vons Companies, Inc.. (sjt) |
| Filing 3 ANSWER to Complaint (Notice of Removal) by Albertsons Companies, Inc. (sjt) |
| Filing 2 Corporate Disclosure Statement by Albertsons Companies, Inc., The Vons Companies, Inc. identifying Corporate Parent Safeway Inc., Corporate Parent Albertsons Companies, Inc., Corporate Parent Safeway Southern California, Inc., Corporate Parent Albertsons Safeway LLC for The Vons Companies, Inc... (sjt) |
| Filing 1 NOTICE OF REMOVAL ( Filing fee $ 402 receipt number ACASDC-16453648). Filed by Albertsons Companies, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Proof of Service, #3 Exhibit 2 - State Court Documents, #4 Exhibit 3 - Doe Amendment, #5 Exhibit 4- Albertsons Answer, #6 Exhibit 5 - Vons Answer, #7 Declaration of Mara D. Curtis, #8 Declaration of Jim Taylor, #9 Declaration of Naomi Bannister, #10 Declaration of Crystal Maving, #11 Request for Judicial Notice, #12 Exhibit 1 to request for Judicial Notice, #13 Exhibit 2 to request for Judicial Notice, #14 Exhibit 3 to request for Judicial Notice, #15 Exhibit 4 to request for Judicial Notice, #16 Exhibit 5 to request for Judicial Notice, #17 Exhibit 6 to request for Judicial Notice, #18 Exhibit 7 to request for Judicial Notice, #19 Exhibit 8 to request for Judicial Notice)The new case number is 3:22-cv-13-BEN-RBB. Judge Roger T. Benitez and Magistrate Judge Ruben B. Brooks are assigned to the case.(sjt) |
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