Gessele et al v. Jack In The Box Inc.

Plaintiff:	Jessica Gessele, Ashley Ortiz, Nicole Gessele, Tricia Tetrault, Christina Mauldin and Jason Diaz
Defendant:	Jack In The Box Inc. a Delaware corporation doing business as Jack In The Box Inc
Case Number:	3:2014cv01092
Filed:	July 9, 2014
Court:	U.S. District Court for the District of Oregon
Office:	Portland (3) Office
Presiding Judge:	Marco A Hernandez
Nature of Suit:	Civil Rights: Employment
Cause of Action:	29 U.S.C. § 201 Fair Labor Standards Act of 1938
Jury Demanded By:	Plaintiff

Date Filed	Document Text
August 8, 2023	Filing 434 OPINION & ORDER: The Court GRANTS Defendants Rule 50(b) Motion #419 , enters judgment as a matter of law for Defendant on Plaintiffs' meal break claims, and strikes lost meal break wages and meal break penalty wages awarded to Plaintiffs. The Court DIRECTS the parties to file an amended judgment consistent with this Opinion and Order no later than August 29, 2023. Signed on 8/8/2023 by Judge Marco A. Hernandez. (jp)
July 12, 2023	Filing 433 Declaration of Ian T. Maher In Support of Reply In Support of Rule 50(b) Motion. Filed by Jack In The Box Inc.. (Related document(s): Motion for judgment #419 .) (Attachments: #1 Exhibit 1) (Maher, Ian)
July 12, 2023	Filing 432 Reply In Support of to Motion for Judgment Rule 50(b) - as a Matter of Law Regarding Plaintiffs' Unpaid Breaks Claims #419 . Filed by Jack In The Box Inc.. (Maher, Ian)
July 7, 2023	Filing 431 ORDER: The Court GRANTS Defendant's Unopposed Motion to Approve Supersedeas Bond and Stay Enforcement of the Judgment, ECF 430. Accordingly, the Court approves the bond and STAYS enforcement of the Judgment entered in this matter on May 23, 2023, ECF 416, pending resolution of any post-trial motions and prospectively on appeal. Ordered by Judge Marco A. Hernandez. (jp)
June 29, 2023	Filing 430 Unopposed Motion to Approve Supersedeas Bond and Stay Enforcement of the Judgment. Filed by Jack In The Box Inc.. (French, Pilar)
June 29, 2023	Filing 429 ORDER: The Writ of Garnishment issued to Bank of America, NA, on June 23, 2023, in [this] case is quashed. The parties shall comply with all other orders of the Court as stated on the record at the June 28, 2023 hearing. Signed on 6/29/2023 by Judge Marco A. Hernandez. (jp)
June 28, 2023	Filing 428 Response to Motion for Judgment Rule 50(b) - as a Matter of Law Regarding Plaintiffs' Unpaid Breaks Claims #419 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
June 28, 2023	Filing 427 MINUTES of Proceedings: For the reasons stated on the record, the Court GRANTS the Motion to Quash #421 . The Court stays execution of the Judgment pursuant to Federal Rule of Civil Procedure 62(a) and directs that Defendant post a bond in the amount discussed on the record. The bond shall be posted by the end of business on June 30, 2023. Jon Egan and Jim Vogele present as counsel for plaintiff(s). David P.R. Symes, Pilar C. French and Heather St.Claire present as counsel for defendant(s). Court Reporter: Kellie Humiston. Judge Marco A. Hernandez presiding. (jp)
June 28, 2023	Filing 426 Notice of Appearance of Pilar C. French appearing on behalf of Jack In The Box Inc.. Filed by on behalf of Jack In The Box Inc.. (French, Pilar)
June 28, 2023	Filing 425 ORDER: At the request of the parties, the Court orders the Clerk to seal the Declaration #422 . Ordered by Judge Marco A. Hernandez. (jp)
June 28, 2023	Filing 424 Scheduling Order: A telephone conference regarding Defendant's Motion to Quash Invalid Writ of Garnishment and for Stay of Execution #421 is set for 6/28/2023 at 02:30PM before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)
June 27, 2023	Filing 423 Declaration of Laura M. Lucero In Support of Defendant's Motion to Quash Invalid Writ of Garnishment and for Stay of Execution. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #421 .) (Parker, Douglas)
June 27, 2023	Filing 422 Declaration of David P.R. Symes In Support of Defendant's Motion to Quash Invalid Writ of Garnishment and for Stay of Execution. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #421 .) (Parker, Douglas)
June 27, 2023	Filing 421 Motion to Quash Invalid Writ of Garnishment and for Stay of Execution. Oral Argument requested.Expedited Hearing requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
June 14, 2023	Filing 420 Declaration of Ian T. Maher In Support of Defendant's Rule 50(b) Motion for Judgment as a Matter of Law Regarding Plaintiffs' Unpaid Breaks Claims. Filed by Jack In The Box Inc.. (Related document(s): Motion for judgment #419 .) (Attachments: #1 Exhibit 1-11) (Parker, Douglas)
June 14, 2023	Filing 419 Motion for Judgment Rule 50(b) - as a Matter of Law Regarding Plaintiffs' Unpaid Breaks Claims. Filed by Jack In The Box Inc.. (Parker, Douglas)
June 1, 2023	Filing 418 ORDER: Granting Stipulated Motion to Extend Deadline to File Attorney's Fee Motions and Bills of Costs #417 . Attorney's Fee Motions and Bills of Costs are due by 8/21/2023. Response is due by 9/20/2023. Reply is due by 10/4/2023. Ordered by Judge Marco A. Hernandez. (jp)
May 24, 2023	Filing 417 Stipulated Motion for Extension of Time Deadline to File Attorney's Fee Motions and Bills of Costs. Filed by Jack In The Box Inc.. (Maher, Ian)
May 23, 2023	Filing 416 JUDGMENT: Following a jury trial, the jury's verdict was received in the above-captioned case on October 24, 2022. Judgment is hereby entered as stated in this order. Signed on 5/23/2023 by Judge Marco A. Hernandez. (mja)
March 30, 2023	Filing 415 ORDER: The parties shall confer and submit a proposed form of judgment to the Courtroom Deputy by email. Ordered by Judge Marco A. Hernandez. (jp)
March 30, 2023	Filing 414 OPINION & ORDER: The Court GRANTS Defendant's Motion to Correct Verdict, ECF 394; DENIES Defendant's Motion to Reduce Unconstitutionally Excessive Damage Awards, ECF 397; and DENIES Defendant's Motion to Limit Prejudgment Interest for Delays Attributable to Plaintiffs, ECF 399. Signed on 3/30/2023 by Judge Marco A. Hernandez. (jp) (Additional attachment(s) added on 3/30/2023: #1 Exhibit 1) (cw).
January 31, 2023	Filing 413 ORDER: Denying Motion for Leave to file Surresponse to address new arguments and citations #410 . The Court will decide the issues on the briefing currently filed. Ordered by Judge Marco A. Hernandez. (jp)
January 25, 2023	Filing 412 Response in Opposition to Motion for Leave to file Surresponse to address new arguments and citations presented in Jack in the Box's Replies (proposed Surresponse attached) #410 . Filed by Jack In The Box Inc.. (Parker, Douglas)
January 20, 2023	Filing 411 Notice --- Class Counsel Jon M. Egan's Notice of Unavailability Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
January 18, 2023	Filing 410 Motion for Leave to file Surresponse to address new arguments and citations presented in Jack in the Box's Replies (proposed Surresponse attached). Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
January 4, 2023	Filing 409 Supplemental Declaration of Ian T. Maher In Support of Motion to Correct Verdict Re Penalty Wages Awarded for Shoe Deductions to Named Plaintiffs and Penalty Wages Awarded for Jason Diaz. Filed by Jack In The Box Inc.. (Related document(s): Motion to Amend/Correct #394 .) (Attachments: #1 Exhibit 1-2) (Parker, Douglas)
January 4, 2023	Filing 408 Reply In Support of to Motion to Amend/Correct Correct the Verdict Re Penalty Wages Awarded for Shoe Deductions and Penalty Wages Awarded for Jason Diaz #394 . Filed by Jack In The Box Inc.. (Parker, Douglas)
January 4, 2023	Filing 407 Supplemental Declaration of Ian T. Maher In Support of Reply in Support of Motion to Limit Prejudgment Interest for Delays Attributable to Plaintiffs. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #399 .) (Attachments: #1 Exhibit 1) (Parker, Douglas)
January 4, 2023	Filing 406 Reply In Support of to Motion to Limit Prejudgment Interest for Delays Attributable to Plaintiffs #399 . Filed by Jack In The Box Inc.. (Parker, Douglas)
January 4, 2023	Filing 405 Reply In Support of to Motion to Reduce Unconstitutionally Excessive Damage Awards #397 Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
December 14, 2022	Filing 404 Response to Motion to Reduce Unconstitutionally Excessive Damage Awards #397 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
December 14, 2022	Filing 403 Response to Motion to Limit Prejudgment Interest for Delays Attributable to Plaintiffs #399 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
December 14, 2022	Filing 402 Declaration of Jon M. Egan . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Response to Motion, #401 .) (Egan, Jon)
December 14, 2022	Filing 401 Response to Motion to Amend/Correct Correct the Verdict Re Penalty Wages Awarded for Shoe Deductions and Penalty Wages Awarded for Jason Diaz #394 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
November 23, 2022	Filing 400 Declaration of Ian T. Maher In Support of Motion to Limit Prejudgment Interest for Delays Attributable to Plaintiffs. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #399 .) (Attachments: #1 Exhibit 1-2) (Parker, Douglas)
November 23, 2022	Filing 399 Motion to Limit Prejudgment Interest for Delays Attributable to Plaintiffs. Filed by Jack In The Box Inc.. (Parker, Douglas)
November 23, 2022	Filing 398 Declaration of Ian T. Maher In Support of Motion to Reduce Unconstitutionally Excessive Damage Awards. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #397 .) (Attachments: #1 Exhibit 1-8) (Parker, Douglas)
November 23, 2022	Filing 397 Motion to Reduce Unconstitutionally Excessive Damage Awards. Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
November 22, 2022	Filing 396 Notice re Declaration, #395 Errata Filed by Jack In The Box Inc.. (Related document(s): Declaration, #395 .) (Parker, Douglas)
November 21, 2022	Filing 395 Declaration of Ian T. Maher In Support of Motion to Correct Verdict Re Penalty Wages Awarded for Shoe Deductions to Named Plaintiffs and Penalty Wages Awarded for Jason Diaz. Filed by Jack In The Box Inc.. (Related document(s): Motion to Amend/Correct #394 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Parker, Douglas)
November 21, 2022	Filing 394 Motion to Amend/Correct Correct the Verdict Re Penalty Wages Awarded for Shoe Deductions and Penalty Wages Awarded for Jason Diaz. Filed by Jack In The Box Inc.. (Parker, Douglas)
October 27, 2022	Filing 393 MINUTES of Proceedings: Telephone Conference held regarding the post-trial motions. The Court discussed the issue regarding entering judgment. Plaintiff shall provide Defendant with a proposed form of judgment. A stipulated form of judgment shall be submitted to the Court by 11/3/2022. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Clair present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
October 27, 2022	Filing 392 Scheduling Order. A telephone conference regarding the post-judgment motions is set for 10/27/2022 at 01:00PM before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)
October 25, 2022	Filing 391 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial afternoon proceedings held on 10/21/22 before Judge Marco A. Hernandez, Court Reporter Kellie Humiston, telephone number 503-326-8186 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (Humiston, Kellie)
October 25, 2022	Filing 390 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial morning proceedings held on 10/18/22 before Judge Marco A. Hernandez, Court Reporter Kellie Humiston, telephone number 503-326-8186 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (Humiston, Kellie)
October 25, 2022	Filing 389 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial morning proceedings held on 10/17/22 before Judge Marco A. Hernandez, Court Reporter Kellie Humiston, telephone number 503-326-8186 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (Humiston, Kellie)
October 25, 2022	Filing 388 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial - Day 6 held on 10/24/2022 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (White, Ryan)
October 25, 2022	Filing 387 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial - Day 5 - Morning Session before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (White, Ryan)
October 25, 2022	Filing 386 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial - Day 4 held on 10/20/2022 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (White, Ryan)
October 25, 2022	Filing 385 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial - Day 3 held on 10/19/2022 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (White, Ryan)
October 25, 2022	Filing 384 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial Day 1 - Afternoon Session held on 10/17/2022 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (White, Ryan)
October 24, 2022	Filing 383 Clerks List of Exhibits & Witnesses. (jp)
October 24, 2022	Filing 382 Court's Instructions to the Jury. (jp)
October 24, 2022	Filing 381 Jury Verdict. (jp)
October 24, 2022	Filing 380 Jury Verdict Unredacted Version Filed Under Seal . (jp)
October 24, 2022	Filing 379 MINUTES of Proceedings: Jury Trial Day 6 before Judge Marco A. Hernandez. The Court ruled on the outstanding issues as stated on the record. Closing arguments given. Jury panel deliberates and returns a verdict in favor of Plaintiffs. See Verdict. Clerk's list of exhibits and witnesses to follow. Jury panel thanked and excused. The Clerk is directed to order 8 lunches from Elephant's Deli during jury deliberation. The Court set the following briefing schedule for any post-trial motions: Motion(s) are due by 11/23/2022. Responses are due by 12/14/2022. Any Reply is due by 1/4/2023. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Clair present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
October 21, 2022	Filing 378 MINUTES of Proceedings: Jury Trial Day 5 before Judge Marco A. Hernandez. The Court heard argument regarding the "Late Final Pay 1" issue. Rule 104 hearing held regarding Defendant's witness Wendy Sanderlin. Objections overruled as stated on the record. Witness sworn and evidence adduced. Jurors excused for the day. The Court DENIED Defendant's renewed oral motion for judgment as a matter of law. The Court OVERRULED Defendant's objection regarding the "Late Final Pay 1" issue as stated on the record. ORDER: The parties are to provide a short brief regarding the prejudgment interest issue (including proposed jury instruction from each side's perspective) as soon as possible TODAY. Counsel shall report for Court at 8:30AM to finalize outstanding issues. FURTHER ORDERED: Jury Trial continued to 10/24/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Clair present as counsel for defendant(s). Court Reporter: Ryan White (AM) and Kellie Humiston (PM). Judge Marco A. Hernandez presiding. (jp)
October 21, 2022	Filing 377 Trial Brief - Pocket Brief Re Prejudice from Late Final Pay 1. Filed by Jack In The Box Inc.. (Attachments: #1 Exhibit 1) (Parker, Douglas)
October 20, 2022	Filing 376 MINUTES of Proceedings: Jury Trial Day 4 before Judge Marco A. Hernandez. Witnesses sworn and evidence adduced. Deposition designations read. Jurors excused early. The Court discussed jury instructions. Counsel shall report for Court at 8:30AM to finalize jury instructions. ORDER: Jury Trial is continued to 10/21/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Clair present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp) Modified on 10/21/2022 to correct to Trial Day 4 (jp).
October 19, 2022	Filing 375 Response to Plaintiffs' Memorandum Regarding Inadmissibility of FRCP 30(b)(6) Deposition Testimony Defendant May Offer Of Its Own 30(b)(6) Designees. Filed by Jack In The Box Inc.. (Parker, Douglas)
October 19, 2022	Filing 374 Memorandum in Opposition to Jack in the Boxs memorandum regarding late pay penalty 1 damages [Dkt. 373]. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
October 19, 2022	Filing 373 Notice of Defendant's Memorandum Regarding Summary Judgment Ruling [DKT 217] Excluding Late Final Pay 1 Damages Filed by Jack In The Box Inc.. (Parker, Douglas)
October 19, 2022	Filing 372 Proposed Jury Verdict Form(Revised). Filed by Jack In The Box Inc.. (Parker, Douglas)
October 19, 2022	Filing 371 Second Proposed Jury Instructions (Revised). Filed by Jack In The Box Inc.. (Parker, Douglas)
October 19, 2022	Filing 370 Amended Proposed Jury Verdict Form. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
October 19, 2022	Filing 369 Amended Proposed Jury Instructions . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
October 19, 2022	Filing 368 Memorandum in Support , referencing previously granted First Motion in Limine #315 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
October 19, 2022	Filing 367 MINUTES of Proceedings: Jury Trial Day 3 before Judge Marco A. Hernandez. Witness sworn and evidence adduced. Plaintiff rests. Defendant's oral motion for judgment as a matter of law ruled on as stated on the record. Counsel shall provide the Court with their proposed jury instructions by early afternoon TODAY. Jurors excused early for the day. ORDER: Jury Trial continued to 10/20/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Clair present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
October 18, 2022	Filing 366 MINUTES of Proceedings: Jury Trial Day 2 before Judge Marco A. Hernandez. Hearing held regarding Plaintiff's witness Jennifer Murphy outside the presence of the jury. Jury trial resumed. Video deposition designations played. Witness (by video) sworn and evidence adduced. The Court ruled on Defendant's Motion to Limit Testimony of Plaintiffs' Witness Jennifer Murphy as stated on the record. Jurors sent home early to allow the parties' time to produce the documents ordered by the Court to each other. ORDER: Jury Trial continued to 10/19/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Claire present as counsel for defendant(s). Court Reporter: Kellie Humiston. Judge Marco A. Hernandez presiding. (jp)
October 17, 2022	Filing 365 MINUTES of Proceedings: Jury Trial Day 1 held before Judge Marco A. Hernandez. Voir dire conducted. Jury impaneled. Plaintiffs' opening statement given. Defendant's opening statement given. Video deposition designations played. Witnesses sworn and evidence adduced. Case schedule discussed. ORDER:Jury Trial continued to 10/18/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Jurors to report at 10:00AM. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Claire present as counsel for defendant(s). Court Reporter: Kellie Humiston (AM) and Ryan White (PM). Judge Marco A. Hernandez presiding. (jp)
October 17, 2022	Filing 364 Exhibit List of Defendant - Amended. Filed by Jack In The Box Inc.. (Parker, Douglas)
October 16, 2022	Filing 363 Second Witness List (Revised). Filed by Jack In The Box Inc.. (Parker, Douglas)
October 14, 2022	Filing 362 Reply In Support of to Motion to Compel Production of Plaintiffs' Rule 1006 Witness Jennifer Murphy's Original Summary and Formulas #350 . Filed by Jack In The Box Inc.. (Parker, Douglas)
October 14, 2022	Filing 361 ORDER: The Court has reviewed the parties' statements regarding issues outstanding for trial and rules as follows: (1) individual class members who did not receive notice are included in the class because the Court concludes the notice procedure satisfied due process and provided the best notice practicable under the circumstances; (2) the Court decertifies for trial the shoe class for employees who had shoe deductions taken that brought them below minimum wage or required overtime because resolution of the factual issue of whether employees provided written authorization for shoe deductions requires an individualized inquiry for each employee and, therefore, class certification is no longer appropriate; (3) the question whether an individual provided written authorization for a shoe deduction under ORS 652.610(3)(b) is an affirmative defense and, therefore, Defendant bears the burden to establish this fact by a preponderance of the evidence.The Court directs the parties to provide the Court with revised jury instructions and verdict forms that reflect these rulings not later than October 19, 2022. Ordered by Judge Marco A. Hernandez. (jp)
October 14, 2022	Filing 360 Response in Opposition to Motion to Compel Production of Plaintiffs' Rule 1006 Witness Jennifer Murphy's Original Summary and Formulas #350 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
October 14, 2022	Filing 359 Reply In Support of to Motion to Limit Testimony of Plaintiffs' Rule 1006 Witness Jennifer Murphy #348 . Filed by Jack In The Box Inc.. (Parker, Douglas)
October 14, 2022	Filing 358 Response in Opposition to Motion to Compel production of the formulas, calculations, SQL instructions, and/or logic underlying Emil Czechowskis Rebuttal Report #354 . Filed by Jack In The Box Inc.. (Parker, Douglas)
October 13, 2022	Filing 357 Amended Exhibit List ---PLAINTIFFS AMENDED EXHIBIT LIST. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
October 13, 2022	Filing 356 Scheduling Order: Defendant shall respond to Plaintiff's Motion to Compel production of the formulas, calculations, SQL instructions, and/or logic underlying Emil Czechowskis Rebuttal Report #354 by Noon on 10/14/2022. Ordered by Judge Marco A. Hernandez. (jp)
October 12, 2022	Filing 355 Declaration of Jon M. Egan . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to Compel, #354 .) (Egan, Jon)
October 12, 2022	Filing 354 Motion to Compel production of the formulas, calculations, SQL instructions, and/or logic underlying Emil Czechowskis Rebuttal Report. Expedited Hearing requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
October 12, 2022	Filing 353 Response in Opposition to Motion to Limit Testimony of Plaintiffs' Rule 1006 Witness Jennifer Murphy #348 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
October 12, 2022	Filing 352 Scheduling Order: Plaintiffs shall file a response to Defendant's Motion to Compel Production of Plaintiffs' Rule 1006 Witness Jennifer Murphy's Original Summary and Formulas #350 no later than Noon on 10/14/2022. Ordered by Judge Marco A. Hernandez. (jp)
October 12, 2022	Filing 351 Declaration of Ian T. Maher In Support of Motion to Compel Production of Plaintiffs' Rule 1006 Witness Jennifer Murphy's Original Summary and Formulas. Filed by Jack In The Box Inc.. (Related document(s): Motion to Compel #350 .) (Parker, Douglas)
October 12, 2022	Filing 350 Motion to Compel Production of Plaintiffs' Rule 1006 Witness Jennifer Murphy's Original Summary and Formulas. Expedited Hearing requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
October 11, 2022	Filing 349 Declaration of Emil Czechowski In Support of Defendant's Motion to Limit Testimony of Plaintiffs' Rule 1006 Witness Jennifer Murphy. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #348 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Parker, Douglas)
October 11, 2022	Filing 348 Motion to Limit Testimony of Plaintiffs' Rule 1006 Witness Jennifer Murphy. Expedited Hearing requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
October 7, 2022	Filing 347 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Continued Pretrial Conference held on 10/5/2022 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/14/2022. Redaction Request due 10/28/2022. Redacted Transcript Deadline set for 11/7/2022. Release of Transcript Restriction set for 1/5/2023. (White, Ryan)
October 5, 2022	Filing 346 Brief ---Plaintiffs response to Jack in the Boxs declaration and exhibits. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Memorandum in Opposition #344 .) (Egan, Jon)
October 5, 2022	Filing 345 Declaration of Ian T. Maher In Support of Memorandum Re Undeliverable Class Notices. Filed by Jack In The Box Inc.. (Related document(s): Memorandum in Opposition #344 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Parker, Douglas) Modified on 10/6/2022 to seal document(ecp).
October 5, 2022	Filing 344 Memorandum in Opposition Re Undeliverable Class Notices. Filed by Jack In The Box Inc.. (Parker, Douglas)
October 5, 2022	Filing 343 MINUTES of Proceedings: Final Pretrial Conference held. The Court ruled on the motions in limine and objections to witnesses as stated on the record. The Court DENIED Defendant's oral motion to contact witnesses. Trial procedures discussed. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Claire present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
October 4, 2022	Filing 342 Brief --- Plaintiffs brief regarding class members who (allegedly) did not receive actual notice. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Pretrial Conference - Initial,,,,, 338 .) (Egan, Jon)
October 4, 2022	Filing 341 Exhibit List (Revised). Filed by Jack In The Box Inc.. (Parker, Douglas)
October 4, 2022	Filing 340 Witness List (Revised). Filed by Jack In The Box Inc.. (Parker, Douglas)
October 4, 2022	Filing 339 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Pretrial Conference held on 10/3/2022 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/11/2022. Redaction Request due 10/25/2022. Redacted Transcript Deadline set for 11/4/2022. Release of Transcript Restriction set for 1/3/2023. (White, Ryan)
October 3, 2022	Filing 338 MINUTES of Proceedings: Pretrial Conference held. Plaintiff advised the Court it was withdrawing the claim for punitive damages. For the reasons stated on the record, the Court ordered that portion of the shoe deduction class that alleges Defendant took improper shoe deductions under O.R.S. 652.615 to be decertified. The Court found the issues of due process and the calculation of prejudgment interest are matters for the Court. The Court denied Defendant's Motion to Strike Plaintiffs' Witnesses Jennifer Murphy and Michele Lauzier #306 . Plaintiff shall disclose the spreadsheets to Defendant by 10/5/2022. The Court ruled on exhibits as stated on the record. The parties are instructed to review all pretrial filings and amend as necessary to reflect the Court's rulings by 10/5/2022 at 9:00 a.m. Defendant orally renewed its motion to contact witnesses. The Court took the matter under advisement. The Pretrial Conference is CONTINUED to 10/5/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Claire present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
September 26, 2022	Filing 337 ORDER: The Court DENIES Plaintiffs' Motion #335 for Leave to File Surresponse. The Court will hear Plaintiffs' argument on this issue at the Pretrial Conference. Ordered by Judge Marco A. Hernandez. (jp)
September 23, 2022	Filing 336 Response in Opposition to Motion for Leave to file Surresponse #335 , Motion to Strike Plaintiffs' Witnesses Jennifer Murphy and Michele Lauzier #306 Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
September 22, 2022	Filing 335 Motion for Leave to file Surresponse. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
September 19, 2022	Filing 334 Declaration of Douglas S. Parker in Support of Defendant's Reply in Support of Motion to Strike Plaintiffs' Witnesses Murphy and Lauzier. Filed by Jack In The Box Inc.. (Related document(s): Motion to Strike #306 .) (Attachments: #1 Exhibit A) (Parker, Douglas)
September 19, 2022	Filing 333 Reply In Support of to Motion to Strike Plaintiffs' Witnesses Jennifer Murphy and Michele Lauzier #306 oral argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
September 12, 2022	Filing 332 Witness List Plaintiffs' one-page listing of potential witnesses. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
September 12, 2022	Filing 331 Declaration of Jon M. Egan . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Response to Motion #327 .) (Egan, Jon)
September 12, 2022	Filing 330 Designation of Deposition Testimony Plaintiffs Responses to Jack in the Boxs deposition designation objections. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
September 12, 2022	Filing 329 Objection to Trial Exhibit #309 Objection to Trial Exhibit Plaintiffs Response to Jack in the Boxs trial exhibit objections. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
September 12, 2022	Filing 328 Witness List Plaintiffs Responses to Jack in the Boxs witness objections. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
September 12, 2022	Filing 327 Response to Motion in limine of Defendant #313 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
September 12, 2022	Filing 326 Response to Motion to Strike Plaintiffs' Witnesses Jennifer Murphy and Michele Lauzier #306 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
September 12, 2022	Filing 325 Witness List Defendant's One-Page Listing of Potential Witnesses. Filed by Jack In The Box Inc.. (Parker, Douglas)
September 12, 2022	Filing 324 Declaration of Douglas S. Parker In Support of Defendant's Response to Plaintiffs' Objections to Defendant's Witnesses. Filed by Jack In The Box Inc.. (Related document(s): Witness statement #323 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Parker, Douglas)
September 12, 2022	Filing 323 Witness Statement Defendant's Response to Plaintiffs' Objections to Defendant's Witnesses. Filed by Jack In The Box Inc.. (Parker, Douglas)
September 12, 2022	Filing 322 Declaration of Douglas S. Parker In Support of Defendant's Response to Plaintiffs' Motions in Limine. Filed by Jack In The Box Inc.. (Related document(s): Response to Motion #321 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12) (Parker, Douglas)
September 12, 2022	Filing 321 Response to Plaintiffs' to Motion in limine #315 . Filed by Jack In The Box Inc.. (Parker, Douglas)
September 12, 2022	Filing 320 Objection to Trial Exhibit #318 Objection Defendant's Response to Plaintiffs' Objections to Defendant's Exhibits. Filed by Jack In The Box Inc.. (Parker, Douglas)
September 7, 2022	Filing 319 Joint Proposed Jury Instructions . Filed by Jack In The Box Inc.. (Parker, Douglas)
September 6, 2022	Filing 318 Objection(s) to Jack in the Box's Exhibits and Witnesses. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
September 6, 2022	Filing 317 Proposed Jury Verdict Form. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
September 6, 2022	Filing 316 Voir Dire . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
September 6, 2022	Filing 315 Motion in limine . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
September 6, 2022	Filing 314 Declaration of Ian T. Maher In Support of Defendant's Motions in Limine. Filed by Jack In The Box Inc.. (Related document(s): Motion in Limine #313 .) (Attachments: #1 Exhibit 1) (Parker, Douglas)
September 6, 2022	Filing 313 Motion in limine of Defendant. Filed by Jack In The Box Inc.. (Parker, Douglas)
September 6, 2022	Filing 312 Designation of Deposition Testimony Defendant's Objections to Plaintiffs' Deposition Designations. Filed by Jack In The Box Inc.. (Parker, Douglas)
September 6, 2022	Filing 311 Witness Statement Defendant's Objections to Plaintiffs' Witness Statements. Filed by Jack In The Box Inc.. (Parker, Douglas)
September 6, 2022	Filing 310 Proposed Jury Verdict Form of Defendant. Filed by Jack In The Box Inc.. (Parker, Douglas)
September 6, 2022	Filing 309 Objection to Trial Exhibit #302 Exhibit List . Filed by Jack In The Box Inc.. (Parker, Douglas)
September 6, 2022	Filing 308 Proposed Voir Dire of Defendant. Filed by Jack In The Box Inc.. (Parker, Douglas)
September 6, 2022	Filing 307 Declaration of Ian T. Maher In Support of Motion to Strike Plaintiffs' Witnesses Jennifer Murphy and Michele Lauzier. Filed by Jack In The Box Inc.. (Related document(s): Motion to Strike #306 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Parker, Douglas)
September 6, 2022	Filing 306 Motion to Strike Plaintiffs' Witnesses Jennifer Murphy and Michele Lauzier. Oral Argument requested.Expedited Hearing requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
August 29, 2022	Filing 305 Trial Memorandum . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
August 29, 2022	Filing 304 Statement of Economic Damages . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
August 29, 2022	Filing 303 Witness Statement . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
August 29, 2022	Filing 302 Exhibit List . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
August 29, 2022	Filing 301 Trial Memorandum . Filed by Jack In The Box Inc.. (Parker, Douglas)
August 29, 2022	Filing 300 Witness Statement . Filed by Jack In The Box Inc.. (Parker, Douglas)
August 29, 2022	Filing 299 Exhibit List . Filed by Jack In The Box Inc.. (Parker, Douglas)
August 24, 2022	Filing 298 Supplemental Jury Trial Management Order Regarding the JERS System. Electronic trial exhibits due by 10/7/2022. Signed on 8/24/2022 by Judge Marco A. Hernandez. (jp)
August 8, 2022	Filing 297 ORDER: The Court DENIES Defendant's Motion (#288) for Trial Plan. Plaintiff is not required to prepare a trial plan. Ordered by Judge Marco A. Hernandez. (jp)
August 8, 2022	Filing 296 ORDER: The Court DENIES Defendant's Motion (#286). Defendant seeks an Order permitting defense counsel to speak to represented class members. The court declines to issue such an order. Ordered by Judge Marco A. Hernandez. (jp)
August 1, 2022	Filing 295 Declaration of Douglas S. Parker In Support of Reply In Support of Motion for Permission to Contact Class Members who are not Members of the Shoe Class and Jeffrey Tennant. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #286 .) (Attachments: #1 Exhibit A-G) (Parker, Douglas)
August 1, 2022	Filing 294 Reply In Support of to Motion for Permission to Contact Class Members who are not Members of the Shoe Class and Jeffrey Tennant #286 . Filed by Jack In The Box Inc.. (Parker, Douglas)
July 28, 2022	Filing 293 Reply In Support of Motion for Trial Plan to Motion for Trial Plan #288 . Filed by Jack In The Box Inc.. (Parker, Douglas)
July 26, 2022	Filing 292 Response to Motion for Trial Plan #288 Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)
July 26, 2022	Filing 291 Response to Motion for Permission to Contact Class Members who are not Members of the Shoe Class and Jeffrey Tennant #286 Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)
July 20, 2022	Filing 290 Scheduling Order: Plaintiffs' Responses to Defendant's Motion for Permission to Contact Class Members who are not Members of the Shoe Class and Jeffrey Tennant #286 and Motion for Trial Plan #288 are due by 7/26/2022. Ordered by Judge Marco A. Hernandez. (jp)
July 15, 2022	Filing 289 Declaration of Ian T. Maher In Support of Motion for Trial Plan. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #288 .) (Attachments: #1 Exhibit A-G) (Parker, Douglas)
July 15, 2022	Filing 288 Motion for Trial Plan. Expedited Hearing requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
July 13, 2022	Filing 287 Declaration of Ian T. Maher In Support of Motion for Permission to Contact Class Members who are not Members of the Shoe Class and Jeffrey Tennant. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #286 .) (Attachments: #1 Exhibit A-E) (Parker, Douglas)
July 13, 2022	Filing 286 Motion for Permission to Contact Class Members who are not Members of the Shoe Class and Jeffrey Tennant. Expedited Hearing requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
July 7, 2022	Filing 285 MINUTES of Proceedings: Telephone Status Conference held. The parties report the case is on track for the 10-day Jury Trial set to begin 10/17/2022. Due to a conflict in the Court's schedule, trial on 10/19 and 10/20 will end at Noon. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker and David Symes present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
July 1, 2022	Filing 284 Notice of Change of Firm Association of Ian T. Maher Filed by Jack In The Box Inc.. (Maher, Ian)
June 29, 2022	Filing 283 Scheduling Order by Judge Marco A. Hernandez. A Telephone Conference to discuss the schedule for the 10/17/2022 Jury Trial is set for 7/7/2022 at 01:30PM by telephone before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)
June 2, 2022	Filing 282 ORDER: Finding as Moot Motion to Substitute Attorney #281 as it was a notice. Ordered by Judge Marco A. Hernandez. (jp)
May 27, 2022	Filing 281 Motion to Substitute Attorney . Filed by Jack In The Box Inc.. (Symes, David)
April 6, 2022	Filing 280 Notice of Appearance of Heather St.Clair appearing on behalf of Jack In The Box Inc.. Filed by Jack In The Box Inc.. (St.Clair, Heather)
March 1, 2022	Filing 279 JURY TRIAL MANAGEMENT ORDER. Signed on 3/1/2022 by Judge Marco A. Hernandez. (jp)
February 25, 2022	Filing 278 MINUTES of Proceedings: Scheduling Conference held. The Court set the following case schedule: The 10-day Jury Trial is set to begin 10/17/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. A Pretrial Conference is set for 10/3/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Counsel shall refer to the Trial Management Order (to follow) for pretrial submission timelines. Jon Egan present as counsel for plaintiff(s). Douglas Parker and David Symes present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
February 15, 2022	Filing 277 Scheduling Order by Judge Marco A. Hernandez. A Telephone Scheduling Conference is set for 2/25/2022 at 01:30PM before Judge Marco A. Hernandez. The parties shall email the Courtroom Deputy a joint proposed schedule by 2/23/2022. Ordered by Judge Marco A. Hernandez. (jp)
February 10, 2022	Filing 276 Notice of Change of Firm Association Filed by Jack In The Box Inc.. (Parker, Douglas)
December 1, 2021	Filing 275 OPINION & ORDER: The Court DENIES Defendant's Motion to Decertify Shoe Deduction Claim #253 . Signed on 12/1/2021 by Judge Marco A. Hernandez. (jp)
November 27, 2021	Filing 274 OPINION & ORDER: The Court GRANTS Plaintiffs' Motion for Reconsideration of Court's Previous Denial of Class Certification for Plaintiffs' Unpaid Break Class #270 to the extent that the Court reconsiders the denial of class certification for Plaintiff's unpaid break class. The Court, however, ADHERES to the denial of class certification. Signed on 11/27/2021 by Judge Marco A. Hernandez. (jp)
October 19, 2021	Filing 273 Reply to Motion for Reconsideration of Courts previous denial of class certification for plaintiffs Unpaid Break class --- of Scheduling Conference,,, 264 , Order on motion to file excess pages, 269 , Order on Motion to Certify Class, Order on mot Motion to Certify the Class #270 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
October 5, 2021	Filing 272 Declaration of Douglas S. Parker In Support of Opposition to Motion for Reconsideration of Certification for Unpaid Break Class. Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion, #271 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Parker, Douglas)
October 5, 2021	Filing 271 Response in Opposition to Motion for Reconsideration of Courts previous denial of class certification for plaintiffs Unpaid Break class --- of Scheduling Conference,,, 264 , Order on motion to file excess pages, 269 , Order on Motion to Certify Class, Order on mot Motion to Certify the Class #270 Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
September 15, 2021	Filing 270 Motion for Reconsideration of Courts previous denial of class certification for plaintiffs Unpaid Break class --- of Scheduling Conference,,, 264 , Order on motion to file excess pages, 269 , Order on Motion to Certify Class, Order on motion for reconsideration #232 , Order on Motion to Certify Class,, #139 , Motion to Certify the Class . Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
September 15, 2021	Filing 269 ORDER: The Court grants Plaintiffs' Unopposed Motion (#268) for Leave to File Overlong Brief and directs Plaintiffs to file their Motion for Reconsideration of Court's Previous Denial of Class Certification of Plaintiffs' Unpaid Break Class as set out in their Motion for Leave to File Overlong Brief. Ordered by Judge Marco A. Hernandez. (jp)
September 14, 2021	Filing 268 Unopposed Motion to File Excess Pages re Scheduling Conference,,, 264 , Order on Motion to Certify Class, Order on motion for reconsideration #232 , Order on Motion to Certify Class,, #139 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
August 30, 2021	Filing 267 Reply In Support of to Motion to Decertify Shoe Deduction Claim #253 Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
August 30, 2021	Filing 266 Notice of Appearance of Jim W. Vogele appearing on behalf of All Plaintiffs . Filed by Jason Diaz, Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Vogele, Jim)
August 27, 2021	Filing 265 ORDER: The Court has reviewed the parties' August 26, 2021, email thread regarding Defendant's request to file a motion for reconsideration of Judge Brown's willfulness finding related to Plaintiffs' WBF claim. Defendant did not point to any "new evidence, point to intervening law, or show clear legal or factual error on the part of" Judge Brown. Betz v. Hood, 229 F.3d 1156 (9th Cir. 2000). Accordingly, the Court denies Defendant's request to file a motion for reconsideration of Judge Brown's willfulness finding related to Plaintiffs' WBF claim. Ordered by Judge Marco A. Hernandez. (jp)
August 24, 2021	Filing 264 MINUTES of Proceedings: Telephone Conference held regarding Plaintiff's proposed motion for reconsideration of the denial of class certification of their unpaid break claims. The Court granted the parties request to file such a motion. Plaintiff's Motion is to be filed by 9/14/2021. Defendant's Response is due by 10/5/2021. As discussed on the record, Defendant shall send an email string to the Court by 8/27/2021 regarding its request to file a motion for reconsideration on willfulness on the WBF claims. The 12/6/2021 trial date and the 11/29/2021 pretrial conference, as well as the schedule set for pretrial documents, are STRICKEN, and will be reset following the Court's ruling on the reconsideration motion(s). Jon Egan present as counsel for plaintiff(s). Douglas Parker abd David Symes present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
August 23, 2021	Filing 263 Response to Motion to Decertify Shoe Deduction Claim #253 Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)
August 20, 2021	Filing 262 Scheduling Order by Judge Marco A. Hernandez. A Telephone conference to discuss the parties' proposed motions for reconsideration is set for 8/24/2021 at 01:30PM before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)
August 9, 2021	Filing 261 MINUTES of Proceedings: Telephone Conference held regarding Defendant's Motion to Decertify Shoe Deduction Claim #253 . Plaintiff's Response is due by 8/23/2021. Defendant's Reply is due by 8/30/2021. The parties shall send an email to the Courtroom Deputy regarding any other new issues they contemplate bringing forward. Jon Egan present as counsel for plaintiff(s). Douglas Parker and David Symes present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
August 6, 2021	Filing 260 ORDER: Granting Motion for Stay of deadline for plaintiffs' response to defendant's decertification motion [Dkt. 253] (pending outcome of August 9, 2021 telephone conference with Court) #258 . Ordered by Judge Marco A. Hernandez. (jp)
August 5, 2021	Filing 259 Response in Opposition to Motion for Stay deadline for plaintiffs' response to defendant's decertification motion [Dkt. 253] (pending outcome of August 9, 2021 telephone conference with Court) #258 . Filed by Jack In The Box Inc.. (Parker, Douglas)
August 3, 2021	Filing 258 Motion for Stay deadline for plaintiffs' response to defendant's decertification motion [Dkt. 253] (pending outcome of August 9, 2021 telephone conference with Court). Filed by All Plaintiffs. (Egan, Jon)
August 3, 2021	Filing 257 Scheduling Order by Judge Marco A. Hernandez. A telephone conference regarding Defendant's Motion to Decertify Shoe Deduction Claim #253 is set for 8/9/2021 at 01:15PM before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)
July 28, 2021	Filing 256 ORDER: Granting Ian Maher's Motion for Leave to Appear Pro Hac Vice #255 . Ordered by Judge Marco A. Hernandez. (jp)
July 28, 2021	Filing 255 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ian Maher. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8172287. Filed by Jack In The Box Inc.. (Maher, Ian)
July 28, 2021	Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ian Maher. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8172287 #255 : Reviewed and Ready for Ruling. (sss)
July 27, 2021	Filing 254 Declaration of Douglas S. Parker In Support of Motion to Decertify Shoe Deduction Claim. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #253 .) (Attachments: #1 Exhibit A-N) (Parker, Douglas)
July 27, 2021	Filing 253 Motion to Decertify Shoe Deduction Claim. Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
June 28, 2021	Filing 252 Notice of Appearance of David P. R. Symes appearing on behalf of Jack In The Box Inc.. Filed by Jack In The Box Inc.. (Symes, David)
April 27, 2021	Filing 251 Scheduling Order by Judge Marco A. Hernandez. Due to a conflict in the Court's schedule, the Pretrial Conference set for 11/15/2021 at 1:30PM is RESET to 11/29/2021 at 10:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. The schedule for pretrial documents #247 remains in effect, as does the 10-day jury trial set to begin on 12/6/2021 @ 9:00AM. Ordered by Judge Marco A. Hernandez. (jp)
April 6, 2021	Filing 250 Notice of Change of Address. Filed by Jack In The Box Inc.. (Parker, Douglas)
February 16, 2021	Filing 249 MINUTES of Proceedings: Scheduling Telephone Conference regarding Proposed Joint Case Management Schedule #247 . The Court ADOPTS the parties' proposed case schedule, as more specifically set forth in #247 , with the following revision: The Pretrial Conference is set for 11/15/2021 at 01:30PM in Portland Courtroom 15A before Judge Marco A. Hernandez. The 10-day Jury Trial is set for 12/6/2021 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Plaintiffs' Counsel not present due to inclement weather [The Court did, however, speak to Mr. Egan and relayed the information to which he had no objections]. Douglas S. Parker present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
February 10, 2021	Filing 248 Scheduling Order by Judge Marco A. Hernandez. A Telephone Scheduling Conference is set for 2/16/2021 at 03:00PM before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)
February 9, 2021	Filing 247 Joint Proposed Joint Case Management Schedule . Filed by All Plaintiffs. (Egan, Jon)
January 21, 2021	Filing 246 Notice of Case Reassignment: This case has been reassigned from Judge Anna J. Brown to Judge Marco A. Hernandez. (eo)
January 19, 2021	Filing 245 MINUTES of Proceedings: Status Conference held on the parties Joint Status Reports #241 and #243 . Parties indicated they would like to proceed to trial in the fall. Pretrial documents are now due 8/2/2021. Court advised the parties that the matter may be reassigned due to this Courts schedule. Court to further advise the parties regarding reassignment. Jon M. Egan present as counsel for plaintiff(s). Douglas S. Parker present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Anna J. Brown presiding. (bb)
December 21, 2020	Filing 244 Order by Judge Anna J. Brown. Telephonic Scheduling Conference is SET for 1/19/2021 at 02:30 PM before Judge Anna J. Brown. (bb)
December 17, 2020	Filing 243 Joint Status Report --- Joint Summary of All Remaining Unresolved Claims and Defenses. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
December 11, 2020	Filing 242 Order by Judge Anna J. Brown. The Court has reviewed the parties Joint Status Report #241 and proposed case-management schedule. The Court DIRECTS the parties to confer and to file no later than December 17, 2020, a concise summary of all remaining unresolved claims and defenses. The Court will set a scheduling conference after reviewing the parties concise summary. (bb)
December 3, 2020	Filing 241 Joint Status Report . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
November 19, 2020	Filing 240 Order from USCA for the 9th Circuit, USCA # 20-80096. The court, in its discretion, denies the petition for permission to appeal the district court's June 5, 2020 order denying petitioners renewed motion to certify the unpaid break class. The conditional cross-petition is denied as moot (ecp)
October 15, 2020	Filing 239 Order by Judge Anna J. Brown. The Court acknowledges the parties Joint Status Report #238 . The Court CONTINUES the stay on further proceedings in this court until the Ninth Circuit has ruled on Plaintiffs Petition for permission to appeal. The parties shall file a joint status report within 14 days of the Ninth Circuits ruling on the petition that shall include either a proposed schedule for pretrial proceedings and trial if the appellate court denies Plaintiffs petition or the parties respective positions regarding a continuation of the stay if the appellate court grants Plaintiffs petition. In any event, the parties shall advise the Court no later than 1/12/21 as to the status of the appeal. (bb)
October 13, 2020	Filing 238 Joint Status Report . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
August 18, 2020	Filing 237 Order by Judge Anna J. Brown. The Court acknowledges the parties Joint Status Report #236 . Pursuant to the parties request, the Court CONTINUES the stay on any further proceedings in this court until the Ninth Circuit has ruled on Plaintiffs petition for permission to appeal. The parties shall file a joint status report within 14 days of the Ninth Circuits ruling on the petition that shall include either a proposed schedule for pretrial proceedings and trial if the appellate court denies Plaintiffs petition or the parties respective positions regarding a continuation of the stay if the appellate court grants Plaintiffs petition. In any event, the parties shall advise the Court no later than 10/13/20 as to the status of the appeal. (bb)
August 17, 2020	Filing 236 Joint Status Report . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
June 17, 2020	Filing 235 Order by Judge Anna J. Brown.The Court acknowledges the parties Joint Status Report #234 . Pursuant to the parties request, the Court GRANTS the parties a stay on any further proceedings in this court until the Ninth Circuit has ruled on Plaintiffs petition for permission to appeal. The parties shall file a joint status report within 14 days of the Ninth Circuits ruling on the petition that shall include either a proposed schedule for pretrial proceedings and trial if the appellate court denies Plaintiffs petition or the parties respective positions regarding a continuation of the stay if the appellate court grants Plaintiffs petition. In any event, the parties shall advise the Court no later than 8/17/20 as to the status of the appeal. (bb)
June 16, 2020	Filing 234 Joint Status Report . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
June 5, 2020	Filing 233 Order by Judge Anna J. Brown. The Court directs counsel to confer about the case-management steps now needed for the just, speedy, and inexpensive resolution of the remaining issues in this matter consistent with Federal Rule of Civil Procedure 1. After such meaningful conferral, the parties must file no later than Noon on June 17, 2020, a Joint Status Report concisely summarizing the claims and defenses still to be resolved and a jointly proposed case-management schedule to do so. (bb)
June 5, 2020	Filing 232 OPINION AND ORDER: The Court DENIES Renewed Motion #225 to Certify Unpaid Break Class. Signed on 6/5/20 by Judge Anna J. Brown. See attached 35 page Opinion and Order. (bb)
May 15, 2020	Filing 231 Declaration of Simeon Brett . Filed by Jack In The Box Inc.. (Related document(s): Notice, #230 .) (Attachments: #1 Exhibit Exhibit 1) (Parker, Douglas)
May 15, 2020	Filing 230 Notice re Response in Opposition to Motion, #227 Concerning Institution of Jack's Timekeeping in Oregon Restaurants Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion, #227 .) (Attachments: #1 Attachment Depo. Excerpts) (Parker, Douglas)
May 5, 2020	Filing 229 Reply to Motion to Certify the Class (Unpaid Breaks class) Motion for Reconsideration based on intervening decision of Maza v. Waterford Operations, LLC, 300 Or App 471 (Nov 14, 2019) of Order on motion for reconsideration 221 , Notice, #220 , Declaration, #116 , Motion to certify class #126 , Ex #225 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
April 17, 2020	Filing 228 Declaration of Douglas S. Parker In Support of. Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion, #227 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Parker, Douglas)
April 17, 2020	Filing 227 Response in Opposition to Motion to Certify the Class (Unpaid Breaks class) Motion for Reconsideration based on intervening decision of Maza v. Waterford Operations, LLC, 300 Or App 471 (Nov 14, 2019) of Order on motion for reconsideration 221 , Notice, #220 , Declaration, #116 , Motion to certify class #126 , Ex #225 Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
April 3, 2020	Filing 226 Notice of Substitution of Counsel Filed by Jack In The Box Inc.. (Parker, Douglas)
March 27, 2020	Filing 225 Motion to Certify the Class (Unpaid Breaks class), Motion for Reconsideration based on intervening decision of Maza v. Waterford Operations, LLC, 300 Or App 471 (Nov 14, 2019) of Order on motion for reconsideration 221 , Notice, #220 , Declaration, #116 , Motion to certify class #126 , Exhibits #123 , Exhibits #120 , Declaration, #115 , Motion for Reconsideration, #218 , Declaration, #117 , Scheduling,,, 224 , Declaration, #119 , Declaration, #127 , Exhibits #124 , Declaration, #114 , Reply to Motion, #138 , Joint Status Report #223 , Exhibits #122 , Order on Motion to Certify Class,, #139 , Joint Status Report #219 , Declaration, #118 , Exhibits #121 . Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
March 24, 2020	Filing 224 Scheduling Order by Judge Anna J. Brown. The Court has reviewed the parties Joint Status Report [#223]. The Court GRANTS Plaintiffs leave to file a Motion for Reconsideration to address the Oregon Court of Appeals decision in Maza v. Waterford Operations LLC, 300 Or. App. 471 (2019), not later than March 27, 2020. Defendants Response is due April 17, 2020. Plaintiffs Reply is due May 8, 2020. The Court will take the Motion under advisement on May 8, 2020. After the Court issues an Opinion and Order addressing Plaintiffs Motion for Reconsideration the Court will contact the parties to determine a schedule to continue to move the case forward. While this Motion is being briefed and decided, the Court expects the parties to move forward with discovery and assessment of the remaining aspects of the case and, when reasonable, to consider taking depositions remotely. (bb)
March 23, 2020	Filing 223 Joint Status Report . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
December 30, 2019	Filing 222 Order by Judge Anna J. Brown. Joint Status Report due within 7 days of completion of mediation. (bb)
December 20, 2019	Filing 221 ORDER by Judge Anna J. Brown. Plaintiff's Motion for Reconsideration of previous denial of class certification of Unpaid Break Class portion of Order on Motion to Certify Class WITHDRAWN per Notice #220 . (bb)
December 19, 2019	Filing 220 Notice re Motion for Reconsideration, #218 Withdrawing Dkt. 218 without prejudice to refile it if the parties scheduled mediation is not successful Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion for Reconsideration, #218 .) (Egan, Jon)
December 9, 2019	Filing 219 Joint Status Report . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
December 7, 2019	Filing 218 Motion for Reconsideration of previous denial of class certification of Unpaid Break Class portion of Order on Motion to Certify Class,, #139 . Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
November 13, 2019	Filing 217 OPINION AND ORDER: For the reasons stated, the Court Denies Defendant's Motion for Summary Judgment #161 - Arbitration of Claim; Denies Defendant's Motion for Summary Judgment #162 - WBF Deduction Claims Barred by Tax Laws; Grants in Part and Denies in Part Defendant's Motion for Summary Judgment #163 - Remedies Related to Alleged Wrongful Deductions Are Limited; Grants Defendant's Motion for Summary Judgment #164 - Breach of Fiduciary Duty Tort Claim is Time-Barred; Denies Defendant's Motion for Summary Judgment #165 - Quasi-Contract/Unjust Enrichment Claims Fails as a Matter of Law; Grants Plaintiffs' Motion for Partial Summary Judgment #172 - Prima Facie Liability on Workers' Benefit Fund Claims; Denies Plaintiffs' Motion for Partial Summary Judgment #173 - Prima Facie Liability on Shoe Claims; Grants Plaintiffs' Motion for Partial Summary Judgment #174 - Prima Facie Liability on Franchise Transfer Claims; Denies Plaintiffs' Motion for Partial Summary Judgment #175 - Issue of Damages under ORS 652.615; Denies Plaintiffs' Motion for Partial Summary Judgment #176 - Issue of Damages under ORS 653.025; Denies Plaintiffs' Motion for Partial Summary Judgment #177 - Issue of Damages under ORS 653.261; Grants in Part and Denies in Part Plaintiffs' Motion for Partial Summary Judgment #178 - Issue of Damages under ORS 652.140; Grants in Part and Denies in Part Plaintiffs' Motion for Partial Summary Judgment #179 - Defendant's Third Affirmative Defense (Authorized Deductions); Grants in Part and Denies in Part Plaintiffs' Motion for Partial Summary Judgment #180 - Defendant's Fourth Affirmative Defense (Benefit to Employee); Grants in Part and Denies in Part Plaintiffs' Motion for Partial Summary Judgment #181 - Defendant's Fifth Affirmative Defense (Valid Deduction). The Court DIRECTS the parties to confer and to file a Joint Status Report no later than 12/12/2019. (See 142 page Opinion.) Signed on 11/13/2019 by Judge Anna J. Brown. (slm)
July 25, 2019	Filing 216 Sur-Response (allowed by Dkt. 215) to Motion for Summary Judgment No. 1 - Arbitration of Claims #161 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
July 9, 2019	Filing 215 ORDER by Judge Anna J. Brown The Court has completed its review of the record on Plaintiffs' Motion (#202 ) to Strike, and/or for Leave to File Surreponse. Given the age of this matter and in the interest of moving forward, the Court DENIES Plaintiffs' Motion to Strike but GRANTS Plaintiffs' alternative Motion for Leave to File Surresponse as follows: Plaintiffs may make a supplemental filing no later than July 26, 2019, to itemize specific evidentiary objections to the evidence and testimony in the Declaration of Susan Pettijohn that they believe is newly raised in that filing. If the Court needs additional defense briefing re these evidentiary objections, the Court will advise the parties. (jy)
July 5, 2019	Filing 214 Reply to Motion for Partial Summary Judgment on Jack in the Boxs fifth affirmative defense (Valid Deduction) #181 . Filed by All Plaintiffs. (Egan, Jon)
July 5, 2019	Filing 213 Reply to Motion for Partial Summary Judgment on Jack in the Boxs fourth affirmative defense (Benefit to Employees) #180 . Filed by All Plaintiffs. (Egan, Jon)
July 5, 2019	Filing 212 Reply to Motion for Partial Summary Judgment on Jack in the Boxs third affirmative defense (Authorized Deductions) #179 . Filed by All Plaintiffs. (Egan, Jon)
July 5, 2019	Filing 211 Reply to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.140 #178 . Filed by All Plaintiffs. (Egan, Jon)
July 5, 2019	Filing 210 Reply to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.261 #177 . Filed by All Plaintiffs. (Egan, Jon)
July 5, 2019	Filing 209 Reply to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.025 #176 . Filed by All Plaintiffs. (Egan, Jon)
July 5, 2019	Filing 208 Reply to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.615 #175 . Filed by All Plaintiffs. (Egan, Jon)
July 5, 2019	Filing 207 Reply to Motion for Partial Summary Judgment on the issue of prima facie liability on their franchise transfer claims #174 . Filed by All Plaintiffs. (Egan, Jon)
July 5, 2019	Filing 206 Reply to Motion for Partial Summary Judgment on the issue of prima facie liability on their shoe claims #173 . Filed by All Plaintiffs. (Egan, Jon)
July 5, 2019	Filing 205 Reply to Motion for Partial Summary Judgment on the issue of prima facie liability on their Workers' Benefit Fund claims #172 . Filed by All Plaintiffs. (Egan, Jon)
July 5, 2019	Filing 204 Declaration of Michele Lauzier . Filed by All Plaintiffs. (Related document(s): Motion for Partial Summary Judgment #176 .) (Egan, Jon)
July 5, 2019	Filing 203 Supplemental Declaration of Jon M. Egan . Filed by All Plaintiffs. (Related document(s): Motion for Partial Summary Judgment #177 , Motion for Partial Summary Judgment #179 , Motion for Partial Summary Judgment #176 , Motion for Partial Summary Judgment #178 , Motion for Partial Summary Judgment #173 , Motion for Partial Summary Judgment #175 , Motion for Partial Summary Judgment #180 , Motion for Partial Summary Judgment #181 , Motion for Partial Summary Judgment, #172 , Motion for Partial Summary Judgment #174 .) (Egan, Jon)
July 5, 2019	Filing 202 Motion to Strike and/or for leave to file Surresponse to Declaration,, #200 . Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)
June 14, 2019	Filing 201 Supplemental Declaration of Jennifer Warberg . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #191 , Response in Opposition to Motion #197 , Response in Opposition to Motion #193 , Response in Opposition to Motion #196 , Response in Opposition to Motion #199 , Response in Opposition to Motion #198 , Reply to Motion #189 , Response in Opposition to Motion #194 , Response in Opposition to Motion #192 , Response in Opposition to Motion #190 , Reply to Motion #186 , Reply to Motion #187 , Reply to Motion #188 , Reply to Motion #185 , Response in Opposition to Motion #195 .) (Attachments: #1 Exhibit E - F) (Warberg, Jennifer)
June 14, 2019	Filing 200 Declaration of Susan Pettijohn . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #191 , Response in Opposition to Motion #197 , Response in Opposition to Motion #193 , Response in Opposition to Motion #196 , Response in Opposition to Motion #199 , Response in Opposition to Motion #198 , Reply to Motion #189 , Response in Opposition to Motion #194 , Response in Opposition to Motion #192 , Response in Opposition to Motion #190 , Reply to Motion #186 , Reply to Motion #187 , Reply to Motion #188 , Reply to Motion #185 , Response in Opposition to Motion #195 .) (Attachments: #1 Exhibit AA - DD) (Warberg, Jennifer)
June 14, 2019	Filing 199 Response in Opposition to Motion for Partial Summary Judgment on Jack in the Boxs fifth affirmative defense (Valid Deduction) #181 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
June 14, 2019	Filing 198 Response in Opposition to Motion for Partial Summary Judgment on Jack in the Boxs fourth affirmative defense (Benefit to Employees) #180 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
June 14, 2019	Filing 197 Response in Opposition to Motion for Partial Summary Judgment on Jack in the Boxs third affirmative defense (Authorized Deductions) #179 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
June 14, 2019	Filing 196 Response in Opposition to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.140 #178 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
June 14, 2019	Filing 195 Response in Opposition to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.261 #177 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
June 14, 2019	Filing 194 Response in Opposition to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.025 #176 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
June 14, 2019	Filing 193 Response in Opposition to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.615 #175 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
June 14, 2019	Filing 192 Response in Opposition to Motion for Partial Summary Judgment on the issue of prima facie liability on their franchise transfer claims #174 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
June 14, 2019	Filing 191 Response in Opposition to Motion for Partial Summary Judgment on the issue of prima facie liability on their shoe claims #173 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
June 14, 2019	Filing 190 Response in Opposition to Motion for Partial Summary Judgment on the issue of prima facie liability on their Workers' Benefit Fund claims #172 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
June 14, 2019	Filing 189 Reply In Support to Motion for Summary Judgment No. 5 - Quasi-Contract/Unjust Enrichment Claim Fails as a Matter of Law #165 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
June 14, 2019	Filing 188 Reply In Support to Motion for Summary Judgment No. 4 - Breach of Fiduciary Duty Tort Claims is Time-Barred #164 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
June 14, 2019	Filing 187 Reply In Support to Motion for Summary Judgment No. 3 - Remedies Related to Alleged Wrongful Deductions Are Limited #163 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
June 14, 2019	Filing 186 Reply In Support to Motion for Summary Judgment No. 2 - WBF Deduction Claims Barred by Tax Laws #162 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
June 14, 2019	Filing 185 Reply In Support to Motion for Summary Judgment No. 1 - Arbitration of Claims #161 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
May 29, 2019	Filing 184 Clerk's Notice of Docket Correction regarding #183 Exhibits,,,,,,,. The PDF attached to this entry at filing was incorrect. The document was missing a case caption cover page. A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties. (cw)
May 24, 2019	Filing 183 Exhibits 16-31 to Jon M. Egan Declaration [Dkt. 182] re Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.261 #177 , Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.025 #176 , Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.140 #178 , Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.615 #175 , Motion for Summary Judgment No. 4 - Breach of Fiduciary Duty Tort Claims is Time-Barred #164 , Motion for Summary Judgment No. 3 - Remedies Related to Alleged Wrongful Deductions Are Limited #163 , Response to Motion #168 , Response to Motion #167 , Motion for Partial Summary Judgment on the issue of prima facie liability on their Workers' Benefit Fund claims #172 , Motion for Partial Summary Judgment on Jack in the Boxs third affirmative defense (Authorized Deductions) #179 , Declaration,,,, #182 , Response to Motion, #169 , Motion for Summary Judgment No. 2 - WBF Deduction Claims Barred by Tax Laws #162 , Motion for Partial Summary Judgment on the issue of prima facie liability on their shoe claims #173 , Response to Motion, #170 , Motion for Partial Summary Judgment on Jack in the Boxs fourth affirmative defense (Benefit to Employees) #180 , Motion for Partial Summary Judgment on Jack in the Boxs fifth affirmative defense (Valid Deduction) #181 , Motion for Summary Judgment No. 5 - Quasi-Contract/Unjust Enrichment Claim Fails as a Matter of Law #165 , Response to Motion, #171 , Motion for Summary Judgment No. 1 - Arbitration of Claims #161 , Motion for Partial Summary Judgment on the issue of prima facie liability on their franchise transfer claims #174 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon) (Main Document 183 replaced on 5/29/2019) (cw).
May 24, 2019	Filing 182 Declaration of Jon M. Egan in support of plaintiffs motions for summary judgment and in opposition to defendants motions for summary judgment. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion for Partial Summary Judgment #177 , Motion for Partial Summary Judgment #176 , Motion for Partial Summary Judgment #178 , Motion for Partial Summary Judgment #175 , Motion for Summary Judgment #164 , Motion for Summary Judgment #163 , Response to Motion #168 , Response to Motion #167 , Motion for Partial Summary Judgment, #172 , Motion for Partial Summary Judgment #179 , Response to Motion, #169 , Motion for Summary Judgment #162 , Motion for Partial Summary Judgment #173 , Response to Motion, #170 , Motion for Partial Summary Judgment #180 , Motion for Partial Summary Judgment #181 , Motion for Summary Judgment #165 , Response to Motion, #171 , Motion for Summary Judgment #161 , Motion for Partial Summary Judgment #174 .) (Attachments: #1 Exhibit 1-15) (Egan, Jon)
May 24, 2019	Filing 181 Motion for Partial Summary Judgment on Jack in the Boxs fifth affirmative defense (Valid Deduction). Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
May 24, 2019	Filing 180 Motion for Partial Summary Judgment on Jack in the Boxs fourth affirmative defense (Benefit to Employees). Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
May 24, 2019	Filing 179 Motion for Partial Summary Judgment on Jack in the Boxs third affirmative defense (Authorized Deductions). Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
May 24, 2019	Filing 178 Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.140. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
May 24, 2019	Filing 177 Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.261. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
May 24, 2019	Filing 176 Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.025. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
May 24, 2019	Filing 175 Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.615. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
May 24, 2019	Filing 174 Motion for Partial Summary Judgment on the issue of prima facie liability on their franchise transfer claims. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
May 24, 2019	Filing 173 Motion for Partial Summary Judgment on the issue of prima facie liability on their shoe claims. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
May 24, 2019	Filing 172 Motion for Partial Summary Judgment on the issue of prima facie liability on their Workers' Benefit Fund claims. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
May 24, 2019	Filing 171 Response to Motion for Summary Judgment No. 5 - Quasi-Contract/Unjust Enrichment Claim Fails as a Matter of Law #165 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
May 24, 2019	Filing 170 Response to Motion for Summary Judgment No. 4 - Breach of Fiduciary Duty Tort Claims is Time-Barred #164 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
May 24, 2019	Filing 169 Response to Motion for Summary Judgment No. 3 - Remedies Related to Alleged Wrongful Deductions Are Limited #163 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
May 24, 2019	Filing 168 Response to Motion for Summary Judgment No. 2 - WBF Deduction Claims Barred by Tax Laws #162 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
May 24, 2019	Filing 167 Response to Motion for Summary Judgment No. 1 - Arbitration of Claims #161 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
May 3, 2019	Filing 166 Declaration of Jennifer Warberg In Support of Defendant's Motions for Summary Judgment. Filed by Jack In The Box Inc.. (Related document(s): Motion for Summary Judgment #162 , Motion for Summary Judgment #164 , Motion for Summary Judgment #163 , Motion for Summary Judgment #165 , Motion for Summary Judgment #161 .) (Attachments: #1 Exhibit A-D) (Warberg, Jennifer)
May 3, 2019	Filing 165 Motion for Summary Judgment No. 5 - Quasi-Contract/Unjust Enrichment Claim Fails as a Matter of Law. Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
May 3, 2019	Filing 164 Motion for Summary Judgment No. 4 - Breach of Fiduciary Duty Tort Claims is Time-Barred. Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
May 3, 2019	Filing 163 Motion for Summary Judgment No. 3 - Remedies Related to Alleged Wrongful Deductions Are Limited. Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
May 3, 2019	Filing 162 Motion for Summary Judgment No. 2 - WBF Deduction Claims Barred by Tax Laws. Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
May 3, 2019	Filing 161 Motion for Summary Judgment No. 1 - Arbitration of Claims. Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
May 3, 2019	Filing 160 ORDER by Judge Anna J. Brown The Court has received Defendant's Unopposed Motion (#159 ) for Leave to File Overlong Brief in which Defendant advises the Court that it intends to file five separate motions for full or partial summary judgment "with [a] combined supporting memorandum" and moves for leave to file an overlong brief. Local Rule 7-1(b) provides every motion must be separately stated and may not be combined. Local Rule 7-1(c) provides "[e]very motion must be supported by a legal memorandum. The legal memorandum must be combined in a single document with the motion." Thus, to the extent that Defendant files five separate motions, the Court DIRECTS Defendant to file an individual memorandum specific to and in support of each individual motion together with the motion the memorandum supports. Defendant is not permitted to file a single, combined memorandum to support five separate motions. The Court also advises the parties that no motion may be combined with any response or reply and responses and/or replies to motions must also be separately filed and the parties may not file combined responses and/or replies. The Court GRANTS Defendant's Motion (#159 ) for Leave to File Overlong Briefs to the extent that Defendant requires 40 pages for any individual memorandum supporting any individual motion. (jy)
May 2, 2019	Filing 159 Unopposed Motion to File Excess Pages . Expedited Hearing requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
April 19, 2019	Filing 158 Joint Concise Statement of Agreed Facts. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
April 15, 2019	Filing 157 Joint ADR Report . Filed by Jack In The Box Inc..(Warberg, Jennifer)
December 18, 2018	Filing 156 MINUTES of Proceedings: Scheduling Conference. Initial Expert Disclosures due February 14, 2019; Responsive Disclosures due March 14, 2019. All expert discovery is to be completed by March 29, 2019. The last date to file any formal discovery motion or to present an informal discovery dispute is March 19, 2019, and responses to such motions are due no later than seven (7) calendar days after the initiating motion is filed; no replies are permitted for discovery motions. Joint ADR report is due April 19, 2019. Joint statement of agreed facts is due April 19, 2019. Dispositive motions are due no later than May 3, 2019; Response to the initial dispositive motion and any Cross-motion on May 24, 2019; Response to Cross-Motion and Reply to initial Motion June 14, 2019; and Reply to Cross-Motion on July 5, 2019. Jon M. Egan present as counsel for plaintiff(s). Jennifer Neth Warberg present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Anna J. Brown presiding. (jy)
November 26, 2018	Filing 155 Scheduling Order by Judge Anna J. Brown. Scheduling Conference is set for 12/18/2018 at 3:00 PM in Portland Courtroom 14A before Judge Anna J. Brown. Ordered by Judge Anna J. Brown. (jy)
November 9, 2018	Filing 154 Joint Status Report . Filed by All Plaintiffs. (Egan, Jon)
October 29, 2018	Filing 153 ORDER. At the request of Plaintiffs' counsel, after exchanging pre-conference settlement offers with Defendant's counsel, canceling the settlement conference previously set for November 5, 2018, before Magistrate Judge Stacie F. Beckerman. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
August 22, 2018	Filing 152 SETTLEMENT CONFERENCE ORDER. Settlement Conference is set for Monday, Nov. 5, 2018, in Magistrate Judge Stacie F. Beckerman's chambers, 9th floor of the Mark O. Hatfield U.S. Courthouse, 1000 S.W. Third Avenue, Portland, Oregon. Plaintiffs to arrive at 09:00 AM, Defendant at 09:30 AM. See attached instructions. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
August 16, 2018	Filing 151 Scheduling Order by Judge Anna J. Brown. Due to the parties Settlement Conference being set for 11/5/18, the Court vacates all currently set case-management dates and directs the parties to file another Joint Status Report with newly proposed case-management dates no later than 11/9/18 unless the Court is notified that this matter has settled. (jy)
August 15, 2018	Filing 150 Joint Status Report (and request to reschedule pretrial deadlines to accommodate 11/5/18 judicial settlement conference with Judge Beckerman). Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
February 16, 2018	Filing 149 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on January 25, 2018, before Judge Anna J. Brown, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at [email protected] or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/23/2018. Redaction Request due 3/9/2018. Redacted Transcript Deadline set for 3/19/2018. Release of Transcript Restriction set for 5/17/2018. (jjcr)
February 15, 2018	Filing 148 Order by Judge Anna J. Brown. Expert witness disclosures due 10/15/18. Responsive expert disclosure due 11/15/18. Discovery motions due 11/1/18. Responses due 7 calendar days after motions; no replies. Close of post-certification merits discovery is 12/14/18 (with joint status updates due to the Court on 8/15/18, 10/15/18). Joint statement of agreed facts due re dispositive motions by 1/11/19. Dispositive motions due 1/25/19 (responses due 2/15/19, replies due 3/8/19). Cross-motions due 2/15/19 (responses due 3/8/19, replies due 3/22/19). See order for further details. (jy)
January 25, 2018	Filing 147 MINUTES of Proceedings: Motion Hearing Held regarding Plaintiff's Motion to Appoint Class Administrator and to Authorize Dissemination of Notion to Class Members #143 . The Court hears oral argument. The Motion is GRANTED IN PART. The parties are to submit a joint proposed order addressing the relief granted and proposing case-management dates by Noon on 2/9/18. Jon M. Egan present as counsel for plaintiff(s). Douglas S. Parker and Jennifer Neth Warberg present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Anna J. Brown presiding. (jy)
December 19, 2017	Filing 146 Scheduling Order by Judge Anna J. Brown regarding Motion Plaintiffs' motion to appoint class administrator and to authorize dissemination of notice to class members #143 . Oral Argument is set for 1/25/2018 at 2:00 PM in Portland Courtroom 14A before Judge Anna J. Brown. (jy)
October 15, 2017	Filing 145 Reply to Motion --- Plaintiffs motion to appoint class administrator and to authorize dissemination of notice to class members #143 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
October 2, 2017	Filing 144 Response in Opposition to Motion --- Plaintiffs motion to appoint class administrator and to authorize dissemination of notice to class members #143 . Filed by Jack In The Box Inc.. (Warberg, Jennifer)
September 18, 2017	Filing 143 Motion --- Plaintiffs motion to appoint class administrator and to authorize dissemination of notice to class members. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
August 16, 2017	Filing 142 MINUTES of Proceedings: The Court held a scheduling conference and set the following deadlines: Motion for approval of a proposed class action plan must be filed by September 18, 2017. Response to the Motion is due October 2, 2017. Reply is due October 16, 2017. The 60-day opt-out period begins January 16, 2018, and closes March 16, 2018. Parties must file Joint Status Reports on May 16, 2018, and July 16, 2018. Disclosures of any expert witnesses must be made by July 16, 2018. Any responsive expert disclosures are due August 18, 2018. Discovery Motions must be filed by August 1, 2018. Responses are due August 8, 2018. No replies are permitted. Discovery closes September 12, 2018. The parties must file a Joint Statement of Agreed Facts by October 15, 2018. One party's dispositive Motions are due October 29, 2018. A Response to the dispositive Motions and any Cross-Motion for Summary Judgment are due November 12, 2018. A Reply to the Dispositive Motion and a Response to the Cross-Motion are due December 3, 2018. A Reply to the Cross-Motion is due December 17, 2018.The Court will review the dispositive Motions and determine whether oral argument would be helpful. Jon M. Egan present as counsel for plaintiff(s). Douglas S. Parker and Jennifer Neth Warberg present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (jy)
July 17, 2017	Filing 141 Scheduling Order by Judge Anna J. Brown. The Court schedules a Status Conference for 8/16/2017 at 10:00 AM in Portland by telephone before Judge Anna J. Brown. (jy)
July 7, 2017	Filing 140 Joint Status Report . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
June 12, 2017	Filing 139 Opinion and Order: The Court GRANTS in part and DENIES in part Plaintiffs' Motion for Rule 23(b)(3) Class Certification. The Court DIRECTS the parties to confer and to file no later than 7/10/17, a Joint Status Report jointly proposing a case-management schedule to advance this case to ultimate resolution. The Court will set a status conference with the parties after receiving and reviewing the Joint Status Report. Signed on 06/12/2017 by Judge Anna J. Brown. See attached 46 page Opinion and Order. (bb)
April 18, 2017	Filing 138 Reply to Motion to Certify the Class --- Plaintiffs Motion for Rule 23(b)(3) Class Certification #126 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
April 3, 2017	Filing 137 Declaration of Jim Stubblefield . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)
April 3, 2017	Filing 136 Declaration of Charles Rios . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)
April 3, 2017	Filing 135 Declaration of Vincent O'Rourke III . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)
April 3, 2017	Filing 134 Declaration of Ryan Leach . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)
April 3, 2017	Filing 133 Declaration of Patty Jones . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)
April 3, 2017	Filing 132 Declaration of David Horning . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)
April 3, 2017	Filing 131 Declaration of Heather Evenson . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)
April 3, 2017	Filing 130 Declaration of Jennifer Barker . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)
April 3, 2017	Filing 129 Declaration of Douglas S. Parker In Support of Defendant's Opposition to Plaintiffs' Motion for Rule 23(b)(3) Class Certification. Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Attachments: #1 Exhibit A - E, #2 Exhibit F - O, #3 Exhibit P - BB) (Warberg, Jennifer)
April 3, 2017	Filing 128 Response in Opposition to Motion to Certify the Class --- Plaintiffs Motion for Rule 23(b)(3) Class Certification #126 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
March 5, 2017	Filing 127 Declaration of Jason Diaz in Support of Plaintiffs' Motion for Rule 23(b)(3) Class Certification.. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to certify class #126 .) (Egan, Jon)
March 2, 2017	Filing 126 Motion to Certify the Class --- Plaintiffs Motion for Rule 23(b)(3) Class Certification. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
March 2, 2017	Filing 125 ORDER by Judge Anna J. Brown. Granting Plaintiff's Unopposed Motion to File Excess Pages #113 . (rrr)
March 1, 2017	Filing 124 Exhibits 30-49 re Declaration, #119 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
March 1, 2017	Filing 123 Exhibits 16-29 re Declaration, #119 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
March 1, 2017	Filing 122 Exhibits 9-15 re Declaration, #119 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
March 1, 2017	Filing 121 Exhibits 8 re Declaration, #119 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
March 1, 2017	Filing 120 Exhibits 1-7 re Declaration, #119 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)
March 1, 2017	Filing 119 Declaration of Jon M. Egan in Support of Plaintiffs' Motion for Rule 23(b)(3) Class Certification. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to File Excess Pages, #113 .) (Egan, Jon)
March 1, 2017	Filing 118 Declaration of Christina Mauldin in Support of Plaintiffs' Motion for Rule 23(b)(3) Class Certification. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to File Excess Pages, #113 .) (Egan, Jon)
March 1, 2017	Filing 117 Declaration of Tricia Tetrault in Support of Plaintiffs' Motion for Rule 23(b)(3) Class Certification. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to File Excess Pages, #113 .) (Egan, Jon)
March 1, 2017	Filing 116 Declaration of Nicole Gessele in Support of Plaintiffs' Motion for Rule 23(b)(3) Class Certification. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to File Excess Pages, #113 .) (Egan, Jon)
March 1, 2017	Filing 115 Declaration of Ashley Ortiz in Support of Plaintiffs' Motion for Rule 23(b)(3) Class Certification. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to File Excess Pages, #113 .) (Egan, Jon)
March 1, 2017	Filing 114 Declaration of Jessica Gessele in Support of Plaintiffs' Motion for Rule 23(b)(3) Class Certification. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to File Excess Pages, #113 .) (Egan, Jon)
March 1, 2017	Filing 113 Unopposed Motion to File Excess Pages (Plaintiffs' Motion for Rule 23(b)(3) Class Certification). Expedited Hearing requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Attachments: #1 Proposed Document) (Egan, Jon)
February 2, 2017	Filing 112 MINUTES of Proceeding: On February 2, 2017, the Court held a status conference on the parties' Joint Status Report #110 . The Court sets the following deadlines: Plaintiffs' Motion to Certify Rule 23(b)(3) Classes are due March 3, 2017, Defendant's Response is due April 3, 2017; and Plaintiffs' Reply is due April 18, 2017. The Court will take the matter under advisement on April 18, 2017. After conferral of counsel, Defendant may file additional dispositive motions on the merits but must do so on the same schedule as the schedule set for the Motion to Certify Class. Jon Egan present as counsel for plaintiff(s). Douglas S. Parker, Jennifer Neth Warberg present as counsel for defendant(s). Court Reporter: Amanda LeGore. (rrr)
January 25, 2017	Filing 111 Order by Judge Anna J. Brown. Status Conference is set for 2/2/2017 at 03:00 PM in Portland Courtroom 14A before Judge Anna J. Brown. (rrr)
January 23, 2017	Filing 110 Joint Status Report . Filed by All Plaintiffs. (Egan, Jon)
January 18, 2017	Filing 109 Order by Judge Anna J. Brown. At the request of the parties via email, the Court extends the Joint Status Report due date from 1/17/2017 to 1/23/2017. (bb)
December 13, 2016	Filing 108 OPINION and ORDER: The Court Grants in Part and Denies in Part Motion for Partial Summary Judgment #95 as stated in attached Opinion and Order. The Court DIRECTS the parties to confer and to file no later than January 17, 2017, a Joint Status Report identifying the claims and Plaintiffs that remain in this matter and specifying a jointly proposed case-management schedule to advance this case to ultimate resolution. The Court will set a status conference with the parties after receiving and reviewing the Joint Status Report. Signed on 12-13-2016 by Judge Anna J. Brown. See attached 57 page Opinion and Order for full text. (bb)
November 30, 2016	Filing 107 ORDER by Judge Anna J. Brown. The Court has reviewed Defendant's Motion #104 for Leave to File Supplemental Authority and Plaintiffs' Response. The Court finds Plaintiffs have not established they would suffer any prejudice from the Court's review of the case that Defendant asks the Court to consider, Richardson v. Wells Fargo Bank, N.A, 839 F.3d 442 (5th Cir. 2016). Accordingly, the Court GRANTS Defendant's Motion and will consider Richardson in its analysis of Defendant's Motion for Summary Judgment. (bb)
October 31, 2016	Filing 106 Reply In support of to Motion for Leave to File Supplemental Authority #104 . Filed by Jack In The Box Inc.. (Warberg, Jennifer)
October 28, 2016	Filing 105 Response to Motion for Leave to File Supplemental Authority #104 . Filed by All Plaintiffs. (Egan, Jon)
October 19, 2016	Filing 104 Motion for Leave to File Supplemental Authority. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
October 13, 2016	Filing 103 Supplemental Declaration of Jennifer N. Warberg In Support of Defendant's Motion for Partial Summary Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #95 .) (Parker, Douglas)
October 13, 2016	Filing 102 Declaration of Susan Pettijohn In Support of Defendant's Motion for Partial Summary Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #95 .) (Parker, Douglas)
October 13, 2016	Filing 101 Reply In support of to Motion for Partial Summary Judgment #95 . Filed by Jack In The Box Inc.. (Parker, Douglas)
September 27, 2016	Filing 100 Response to Motion for Partial Summary Judgment #95 Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)
September 27, 2016	Filing 99 ORDER by Judge Anna J. Brown. The Court has reviewed Plaintiff's Unopposed Motion #97 to File Excess Pages. The Court finds Plaintiff's request is reasonable in light of the complex nature of this matter. Accordingly, the Court GRANTS Plaintiff's Motion. (bb)
September 26, 2016	Filing 98 Declaration of Jon M. Egan in opposition to Jack in the Box's motions for partial summary judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Motion to File Excess Pages #97 , Motion for Partial Summary Judgment #95 .) (Egan, Jon)
September 26, 2016	Filing 97 Unopposed Motion to File Excess Pages --- Plaintiffs' Response re Motion for Partial Summary Judgment #95 . Filed by All Plaintiffs. (Attachments: #1 Proposed Document) (Egan, Jon)
September 1, 2016	Filing 96 Declaration of Jennifer N. Warberg in Support of Defendant's Motions for Partial Summary Judgment. Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #95 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Warberg, Jennifer)
September 1, 2016	Filing 95 Motion for Partial Summary Judgment . Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
September 1, 2016	Filing 94 ORDER by Judge Anna J. Brown. Granting Defendant's Unopposed Motion #93 for Leave to File Overlong Brief. Motion and supporting memoranda must not exceed 45 pages. (bb)
August 30, 2016	Filing 93 Unopposed Motion for Leave to File Overlength Brief. Expedited Hearing requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
August 19, 2016	Filing 92 Joint Status Report Joint Statement of Agreed Facts. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
July 1, 2016	Filing 91 Order by Judge Anna J. Brown. The Court GRANTS Defendant leave to file dispositive motions no later than September 1, 2016 as indicated in the attached Order.. Joint Statement of Agreed Facts due 08/19/2016 and discovery is permitted per Order. See attached Order. (bb)
June 9, 2016	Filing 90 Notice of Removal of Attorney Filed by Jack In The Box Inc. (Parker, Douglas)
May 6, 2016	Filing 89 Joint Status Report . Filed by All Plaintiffs. (Egan, Jon)
April 15, 2016	Filing 88 Case Management Order by Judge Anna J. Brown. Accordingly, the Court DIRECTS counsel for Plaintiffs and Defendant to confer in person and to file no later than May 6, 2016, a joint statement. See order for full text. Ordered by Judge Anna J. Brown. (dls)
March 24, 2016	Filing 87 Joint Status Report: Statements of Remaining Claims and Proposed Case Management Schedule. Filed by Jack In The Box Inc.. (Attachments: #1 Exhibit Exhibit A) (Warberg, Jennifer) Modified on 5/5/2016 correcting title of pleading (bb).
March 11, 2016	Filing 86 Order by Judge Anna J. Brown. The Court directs the parties to file a Joint Statement of the Remaining Claims and a jointly proposed case-management schedule no later than 3/24/2016. (bb)
March 10, 2016	Filing 85 Opinion and Order. The Court GRANTS Defendants Motion #27 for Partial Summary Judgment and DENIES Plaintiffs Motion #32 for Partial Summary Judgment (Statute of Limitations) and to Establish Tolling. The Court GRANTS in part and DENIES in part Plaintiff's Motion #33 for Partial Summary Judgment. See attached 53 page Opinion and Order for full text. Signed on 03/10/2016 by Judge Anna J. Brown. (bb)
February 29, 2016	Filing 84 Joint Status Report Statements Re: "New" Claims and Proposed Case-Management Schedule. Filed by Jack In The Box Inc.. (Attachments: #1 Exhibit A) (Parker, Douglas)
February 19, 2016	Filing 83 ORDER by Judge Anna J. Brown. The Court has made a procedural review of Plaintiffs Motion #46 to Compel Discovery from Jack in the Box; the Motion #51 to Quash of Non-Parties VR, Inc. and VPS, Inc.; Plaintiffs' Motion #48 to Compel Discovery from Subpoenaed Franchisees (Constellation Group, Inc.; FEAST Foods, LLC; Northwest Group, Inc.; VPS Inc.; and VR., Inc.); Plaintiffs' Motion #76 to Certify the Class; and Defendant's Motion #77 for Stay of Briefing on Plaintiff's Motion to Certify.In light of the pending Cross-Motions for Summary Judgment in this matter as well as the motions still-to-be-filed regarding the franchisees' joint-employer status, the CourtDENIES with leave to renew Plaintiffs' Motion #46 to Compel Discovery from Jack in the Box and Plaintiffs' Motion #48 to Compel Discovery from Subpoenaed Franchisees (Constellation Group, Inc.; FEAST Foods, LLC; Northwest Group, Inc.; VPS Inc.; and VR., Inc.). Plaintiffs may seek leave to renew those Motions after the Court has issued rulings on the pending Motions for Summary Judgment as well as the still-to-be-filed motions regarding the franchisees' status as joint employers and after updated conferral on such issues. The Court Denies as Mootthe Motion #51 to Quash of Non-Parties VR, Inc. and VPS, Inc. In addition, the CourtDENIESPlaintiffs' Motion #76 to Certify the Class with leave to renew the Motion to Certify after the Court has issued rulings on the pending Motions for Summary Judgment as well as the still-to-be- filed motions regarding the franchisees' status as joint employers. Accordingly, the CourtDENIES as mootDefendant's Motion #77 for Stay of Briefing on Plaintiff's Motion to Certify. The parties updated proposed jointly-proposed case management schedule remainsdueFebruary 29, 2016. (bb)
February 16, 2016	Filing 82 MINUTES of Proceedings: Oral Argument on Motions for Partial Summary Judgment #27 , #32 , and #33 . Joint Statement of claims and proposed case-management schedule due no later than 02/29/2016. Motion Hearing Held. Jon Egan present as counsel for plaintiff(s). Douglas Parker, Jennifer Warberg present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Anna J. Brown presiding. (bb) Modified on 2/26/2016 (jjcr).
January 26, 2016	Filing 81 Response in Opposition to Motion for Stay of Briefing on Plaintiff's Motion to Certify [Dtk #76] - Expedited Consideration Requested #77 . Filed by All Plaintiffs. (Egan, Jon)
January 26, 2016	Filing 80 ORDER by Judge Anna J. Brown. The Court has received and reviewed Defendant's Motion #63 for Reconsideration and/or Request for Status Conference. The Court DENIES Defendant's Motion for Reconsideration on the ground that the remainder of the parties' Motions for Summary Judgment are pending and set for oral argument on February 16, 2016. The Court intends to resolve the remainder of the pending Motions for Summary Judgment before considering or reconsidering any further Motions in this matter with the exception of Defendant's Motion #77 to Stay Briefing on Plaintiffs' Motion to Certify. The response to the Motion to Stay remains due on 1/28/16 (no reply permitted), and argument regarding the Motion to Stay will also be heard on February 16, 2016. In addition, to the extent that Defendant's Request #63 for Status Conference seeks such a conference before the February 16, 2016, oral argument on the remaining Motions for Summary Judgment, the Court DENIES that request. After the Court resolves the remaining pending Motions for Summary Judgment, the Court will have a full Rule 16 Conference with the parties. (bb)
January 25, 2016	Filing 79 Scheduling Order by Judge Anna J. Brown. Oral Argument is SET for 2/16/2016 at 01:30 PM in Portland Courtroom 14A before Judge Anna J. Brown on the issues that remain pending in Motions #27 , #32 , and #33 after the December 22, 2015, Order. (bb)
January 25, 2016	Filing 78 Order by Judge Anna J. Brown. Plaintiff's response to Defendant's Motion #77 to Stay Briefing on Plaintiffs' Motion to Certify #76 is due 1/28/16. The Court will take Defendant's Motion #77 under advisement on 1/28/16. (bb)
January 22, 2016	Filing 77 Motion for Stay of Briefing on Plaintiff's Motion to Certify [Dtk #76] - Expedited Consideration Requested. Expedited Hearing requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
January 20, 2016	Filing 76 Motion to Certify the Class --- Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)
January 20, 2016	Filing 75 ORDER: Granting Unopposed Motion to File Excess Pages #67 --- Overlong Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Plaintiffs to file their overlong brief in support no later than 1/21/2016. Counsel to submit the Court's copy of the pleading (single-sided) in a three ring binder, tabbed, an index in the front and a label down the outside spine of the binder. (bb)
January 19, 2016	Filing 74 Declaration of Jason Diaz in Support of Plaintiffs' Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Related document(s): Declaration, #69 , Declaration, #71 , Declaration, #73 , Declaration, #68 , Declaration, #72 , Motion to File Excess Pages #67 , Declaration, #70 .) (Egan, Jon)
January 19, 2016	Filing 73 Declaration of Christina Mauldin in Support of Plaintiffs' Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Related document(s): Declaration, #69 , Declaration, #71 , Declaration, #68 , Declaration, #72 , Motion to File Excess Pages #67 , Declaration, #70 .) (Egan, Jon)
January 19, 2016	Filing 72 Declaration of Tricia Tetrault in Support of Plaintiffs' Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Related document(s): Declaration, #69 , Declaration, #71 , Declaration, #68 , Motion to File Excess Pages #67 , Declaration, #70 .) (Egan, Jon)
January 19, 2016	Filing 71 Declaration of Nicole Gessele in Support of Plaintiffs' Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Related document(s): Declaration, #69 , Declaration, #68 , Motion to File Excess Pages #67 , Declaration, #70 .) (Egan, Jon)
January 19, 2016	Filing 70 Declaration of Ashley Ortiz in Support of Plaintiffs' Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Related document(s): Declaration, #69 , Declaration, #68 , Motion to File Excess Pages #67 .) (Egan, Jon)
January 19, 2016	Filing 69 Declaration of Jessica Gessele in Support of Plaintiffs' Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Related document(s): Declaration, #68 , Motion to File Excess Pages #67 .) (Egan, Jon)
January 19, 2016	Filing 68 Declaration of Jon M. Egan in Support of Plaintiffs' Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Related document(s): Motion to File Excess Pages #67 .) (Attachments: #1 Exhibits 1-15, #2 Exhibits 16-48) (Egan, Jon)
January 19, 2016	Filing 67 Unopposed Motion to File Excess Pages --- Overlong Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Attachments: #1 Proposed Document) (Egan, Jon)
December 31, 2015	Filing 66 Response in Opposition to Motion for Reconsideration of Order, #62 #63 . Filed by All Plaintiffs. (Egan, Jon)
December 28, 2015	Filing 65 Order by Judge Anna J. Brown. The Court acknowledges receipt of Defendant's Motion #63 for Reconsideration and/or Request for Status Conference. Plaintiffs' response is due 1/11/16. No reply will be permitted. The Court will take the Motion under advisement on 1/11/16. (bb)
December 24, 2015	Filing 64 Declaration of Jennifer N. Warberg in Support of Defendant's Motion for Reconsideration. Filed by Jack In The Box Inc.. (Related document(s): Motion for Reconsideration #63 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Warberg, Jennifer)
December 24, 2015	Filing 63 Motion for Reconsideration of Order, #62 . Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)
December 22, 2015	Filing 62 Order. The Court DENIES as premature portions of Defendant's Motion #27 for Partial Summary Judgment and Plaintiffs Motion #32 for Partial Summary Judgment consistent with the attached Order. The Court will set oral argument on the remaining issues in the parties' pending Motions. Signed on 12/22/2015 by Judge Anna J. Brown. (bb)
December 7, 2015	Filing 61 Declaration of Jennifer N. Warberg In Support of Oppositions to Plaintiffs' Motions to Compel and In Support of Motion to Quash Subpoena. Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #60 , Response in Opposition to Motion #59 .) (Parker, Douglas)
December 7, 2015	Filing 60 Response in Opposition to Motion to Compel Discovery from Subpoenaed Franchisees (Constellation Group, Inc.; FEAST Foods, LLC; Northwest Group, Inc.; VPS Inc.; and V.R., Inc.) #48 . Filed by Jack In The Box Inc.. (Parker, Douglas)
December 7, 2015	Filing 59 Response in Opposition to Motion to Compel Discovery from Jack in the Box #46 . Filed by Jack In The Box Inc.. (Parker, Douglas)
December 7, 2015	Filing 58 Declaration of Christopher E. Hawk in Support of FEAST Foods, LLC's Response to Plaintiffs' Motion to Compel Discovery. Filed by FEAST Foods, LLC. (Related document(s): Response to Discovery Motion #57 .) (Hawk, Christopher)
December 7, 2015	Filing 57 Response to Motion to Compel Discovery from Subpoenaed Franchisees (Constellation Group, Inc.; FEAST Foods, LLC; Northwest Group, Inc.; VPS Inc.; and V.R., Inc.) #48 . Filed by FEAST Foods, LLC. (Hawk, Christopher)
December 7, 2015	Filing 56 Declaration of Christopher E. Hawk in Support of Northwest Group, Inc.'s Response to Plaintiffs' Motion to Compel Discovery. Filed by Northwest Group, Inc.. (Related document(s): Response to Discovery Motion #55 .) (Hawk, Christopher)
December 7, 2015	Filing 55 Response to Motion to Compel Discovery from Subpoenaed Franchisees (Constellation Group, Inc.; FEAST Foods, LLC; Northwest Group, Inc.; VPS Inc.; and V.R., Inc.) #48 . Filed by Northwest Group, Inc.. (Hawk, Christopher)
December 6, 2015	Filing 54 Response in Opposition to Motion to Quash #51 Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)
November 25, 2015	Filing 53 Order by Judge Anna J. Brown. Plaintiff's response to the Motion #51 to Quash Subpoena filed by VR, Inc. and VPS, Inc. is due 12/07/15. No reply will be permitted. (bb)
November 24, 2015	Filing 52 Memorandum in Support . Filed by VPS Inc., VR Inc.. (Related document(s): Motion to Quash #51 .) (Pauck, Thaddeus)
November 24, 2015	Filing 51 Motion to Quash . Oral Argument requested. Filed by VR Inc., VPS Inc.. (Pauck, Thaddeus)
November 24, 2015	Filing 50 Order by Judge Anna J. Brown. Defendant's response to Plaintiffs' Motion to Compel Discovery #46 is due no later than 12/7/0215; Franchisees' response to Plaintiffs' Motion to Compel Discovery from Subpoenaed Franchisees #48 are 12/7/2015. Plaintiffs to serve Franchisees with a copy of this Order. (bb)
November 23, 2015	Filing 49 Declaration of Jon M. Egan in Support of Plaintiffs' Motion to Compel Discovery from Subpoenaed Franchisees. Filed by All Plaintiffs. (Related document(s): Motion to compel #48 .) (Egan, Jon)
November 23, 2015	Filing 48 Motion to Compel Discovery from Subpoenaed Franchisees (Constellation Group, Inc.; FEAST Foods, LLC; Northwest Group, Inc.; VPS Inc.; and V.R., Inc.). Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)
November 23, 2015	Filing 47 Declaration of Jon M. Egan in Support of Plaintiffs' Motion to Compel Discovery from Jack in the Box. Filed by All Plaintiffs. (Related document(s): Motion to compel #46 .) (Egan, Jon)
November 23, 2015	Filing 46 Motion to Compel Discovery from Jack in the Box. Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)
November 19, 2015	Filing 45 Notice --- Plaintiffs' Pre- and Post-Certification Discovery Plan Filed by All Plaintiffs (Egan, Jon)
November 14, 2015	Filing 44 Consent to Join Law Suit ---Confirmation of Consent to Join by all named plaintiffs. Filed by All Plaintiffs. (Egan, Jon)
October 20, 2015	Filing 43 Stipulated Protective Order. Signed on 10/20/2015 by Judge Anna J. Brown. (bb)
October 19, 2015	Filing 42 Stipulated Proposed Form of Order Submitted ---Stipulated Protective Order. Filed by All Plaintiffs. (Egan, Jon)
October 5, 2015	Filing 41 Supplemental Declaration of Jennifer Warberg In Support of Defendant's Motions for Partial Summary Judgment. Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #27 .) (Parker, Douglas)
October 5, 2015	Filing 40 Reply to Motion for Partial Summary Judgment #27 . Filed by Jack In The Box Inc.. (Parker, Douglas)
October 4, 2015	Filing 39 Reply to Motion for Partial Summary Judgment on Jack in the Box's 8th (Private Right Of Action), 9th (Due Process) and 12th (Preemption) Affirmative Defenses #33 . Filed by All Plaintiffs. (Egan, Jon)
October 4, 2015	Filing 38 Reply to Motion for Partial Summary Judgment (Statute of Limitations) and to Establish Tolling for FLSA Collective Members #32 . Filed by All Plaintiffs. (Egan, Jon)
September 17, 2015	Filing 37 Declaration of Jon M. Egan per Fed.R.Civ.P. 56(d) in opposition to Jack in the Box's motion for partial summary judgment. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #36 , Motion for Partial Summary Judgment #27 , Motion for Partial Summary Judgment #32 .) (Egan, Jon)
September 17, 2015	Filing 36 Response in Opposition to Motion for Partial Summary Judgment #27 , Motion for Partial Summary Judgment (Statute of Limitations) and to Establish Tolling for FLSA Collective Members #32 Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)
September 17, 2015	Filing 35 Response in Opposition to Motion for Partial Summary Judgment (Statute of Limitations) and to Establish Tolling for FLSA Collective Members #32 . Filed by Jack In The Box Inc.. (Warberg, Jennifer)
September 17, 2015	Filing 34 Response in Opposition to Motion for Partial Summary Judgment on Jack in the Box's 8th (Private Right Of Action), 9th (Due Process) and 12th (Preemption) Affirmative Defenses #33 . Filed by Jack In The Box Inc.. (Warberg, Jennifer)
August 31, 2015	Filing 33 Motion for Partial Summary Judgment on Jack in the Box's 8th (Private Right Of Action), 9th (Due Process) and 12th (Preemption) Affirmative Defenses. Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)
August 31, 2015	Filing 32 Motion for Partial Summary Judgment (Statute of Limitations) and to Establish Tolling for FLSA Collective Members. Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)
August 31, 2015	Filing 31 Declaration of Jennifer N. Warberg In Support of Defendant's Motion for Partial Summary Judgment. Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #27 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Parker, Douglas)
August 31, 2015	Filing 30 Declaration of Connie Rand In Support of Defendant's Motion for Partial Summary Judgment. Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #27 .) (Attachments: #1 Exhibit A) (Parker, Douglas)
August 31, 2015	Filing 29 Declaration of Wade Cook In Support of Defendant's Motion for Partial Summary Judgment. Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #27 .) (Parker, Douglas)
August 31, 2015	Filing 28 Declaration of Wendy Sanderlin In Support of Defendant's Motion for Partial Summary Judgment. Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #27 .) (Parker, Douglas)
August 31, 2015	Filing 27 Motion for Partial Summary Judgment . Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)
August 31, 2015	Filing 26 Notice Defendant's Discovery Plan Filed by Jack In The Box Inc. (Parker, Douglas)
July 17, 2015	Filing 25 ORDER: The Court acknowledges receipt of the parties' Joint Proposed Case-Management Schedule #24 . The Court sets the following deadlines: Motions on Pleadings (or that impact size/duration of class) are due 8/31/15, responses due 9/17/15, and replies due 10/4/15. Plan for both pre-certification and post-certification discovery due 8/31/15.Motions to Compel re pre-certification discovery due 11/23/15, and responses due 11/30/15. All pre-certification discovery to be completed by 12/14/15. Motions related to Rule 23 Class or FLSA Certification due 1/19/16, responses due 2/5/16, and replies due 2/22/16. Motion for Class/Collective Notices (if class certified) due 4/20/16 (the timing of this Motion is dependent on the timing of the completed briefing and the ruling on the 1/19/16 certification motion). Future case-management dates will be set after completion of the above. Ordered by Judge Anna J. Brown. (mr)
July 7, 2015	Filing 24 Joint Proposed Joint Case Management Schedule . Filed by All Plaintiffs. (Egan, Jon)
July 2, 2015	Filing 23 Order by Judge Anna J. Brown. Management Schedule specific to proceeding forward, motions and dates to get case to resolution is now due no later than 07/08/2015. Court will review and either issue a Scheduling Order or schedule another conference. (bb)
June 24, 2015	Filing 22 MINUTES of Proceedings: Scheduling Conference held regarding Mandate. Joint Case-Management Schedule specific to proceeding forward, motions and dates to get case to resolution is due no later than 07/01/2015. Court will review and either issue a Scheduling Order or schedule another conference. Jon Egan present as counsel for plaintiff(s). Doug Parker, Jennifer Warberg present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb)
June 19, 2015	Filing 21 Proposed Joint Case Management Schedule . Filed by Jack In The Box Inc.. (Warberg, Jennifer)
June 17, 2015	Filing 20 Scheduling Order by Judge Anna J. Brown. Telephonic Scheduling Conference is SET for 6/24/2015 at 01:30 PM before Judge Anna J. Brown. Parties to email the courtroom deputy with their contact information. (bb)
June 16, 2015	Filing 19 Order by Judge Anna J. Brown. The Court directs the parties to file a joint case-management proposal no later than 6/19/15 identifying any initial motions they anticipate and identifying any discovery or other proceedings they believe are necessary together with deadlines. The Court directs the courtroom deputy to schedule a conference. (bb)
June 11, 2015	Filing 18 MANDATE of USCA for the 9th Circuit, USCA # 15-35262, re Notice of Appeal 15 . The decision of the District Court is REVERSED and REMANDED. (Attachments: #1 5/19/15 Memorandum) (dsg)
April 22, 2015	Filing 17 Transcript Designation and Order Form for the hearing held on N/A before Judge N/A. Court Reporter: N/A. Tape Number: N/A. Not Designating any Portion of Transcript. Filed by Jack In The Box Inc.. Transcript is due by 5/26/2015. (Parker, Douglas)
April 14, 2015	Filing 16 Notice Regarding Reporter's Transcript Filed by Jack In The Box Inc. (Warberg, Jennifer)
April 7, 2015	Filing 15 ORDER BY THE 9TH CIRCUIT COURT OF APPEALS GRANTING PERMISSION TO APPEAL: Filed order in case no. 14-80155 on 4-6-2015: The petition for permission to appeal pursuant to 28 U.S.C. 1453(c) is granted. See Coleman v. Estes Express Lines, Inc., 627 F.3d 1096, 1100 (9th Cir. 2010) (per curiam). Within 7 days after the filing date of this order, petitioner shall perfect the appeal pursuant to Federal Rule of Appellate Procedure 5(d). Pursuant to 28 U.S.C. 1453(c)(2), the court shall complete all action on this appeal, including rendering judgment, not later than 60 days after the date on which the appeal was filed. See also Bush v. Cheaptickets, Inc., 425 F.3d 683, 685 (9th Cir. 2005) (stating that 60-day time period begins to run when the court accepts the appeal). The parties shall submit, via electronic filing, simultaneous briefs and excerpts of record within 10 days after the filing date of this order. No reply briefs will be accepted. Also, within 10 days after the filing date of this order, by 5:00 p.m. (Pacific time), the parties shall submit to the Clerks Office in San Francisco 10 copies of the briefs and 4 copies of the excerpts of record in paper format, accompanied by certification that the briefs are identical to the versions submitted electronically. Any motion to extend time to file the briefs shall strictly comply with the requirements set forth in 28 U.S.C. 1453(c)(3). The Clerk shall calendar this case during the week of May 4, 2015 in Portland, Oregon. (eo)
April 7, 2015	USCA Case Number and Notice confirming Docketing Record on Appeal re Order Granting Permission to Appeal (# 15 ). Case Appealed to 9th Circuit Court of Appeals. Case Number 15-35262 assigned. (eo)
April 7, 2015	Filing fee in amount of $ 505.00 collected; Receipt No. 61743 issued. (msk)
November 6, 2014	Filing 14 Order by Judge Anna J. Brown. The Court has reviewed the parties' Joint Status Report #13 and Defendant's Motion #12 for Stay of All Proceedings Pending Outcome of Appeal under 28 U.S.C. 1453. Although Defendant's appeal is styled as being premised on the Class Action Fairness Act (CAFA), 28 U.S.C. 1453, the Court notes Defendant did not actually litigate CAFA jurisdiction in the remand proceeding other than to make a singular, conclusory reference to CAFA in its opposition to Plaintiff's Motion to Remand (#9, p. 4). Accordingly, the Court did not base its remand Order #11 on the absence of CAFA jurisdiction, and, as a result, it does not appear to the Court that such Order is appealable pursuant to 1453. Nevertheless, in the exercise of its discretion and in an abundance of caution, the Court GRANTS Defendant's Motion #12 for Stay and stays this matter pending the Ninth Circuit's decision on Defendant's requested interlocutory appeal. Pursuant to the stay, all of Plaintiff Diaz's claims (federal and state) will remain in this Court and any limitations period as to those claims is also stayed pending the Ninth Circuit's decision on Defendant's interlocutory appeal. (bb)
October 31, 2014	Filing 13 Joint Status Report on Parties' Positions re Claims of Jason Diaz by All Plaintiffs. Filed by All Plaintiffs. (Egan, Jon)
October 29, 2014	Filing 12 Motion for Stay of All Proceedings Pending Outcome of Appeal Under 28 U.S.C. 1453 - Expedited Consideration Requested. Filed by Jack In The Box Inc.. (Attachments: #1 Exhibit 1) (Parker, Douglas)
October 17, 2014	Filing 11 Opinion and Order: The Court GRANTS in part and DENIES in part Plaintiffs' Amended Motion #8 to Remand Case to State Court. The Court:(1) GRANTS Plaintiffs' Amended Motion as to the FLSA claims of Jessica Gessele, Ashley Ortiz, Nicole Gessele, Tricia Tetrault, and Christina Mauldin, and(2) DENIES Plaintiffs' Amended Motion as to Diaz's FLSA claims. As noted, the Court has not decided Plaintiffs' Motion as it relates to Plaintiff Diaz's state-law claims and will make a ruling on that issue after considering the parties' October 31,2014, joint submission. Once that question is resolved, theCourt will issue a remand order. Signed on 10/17/2014 by Judge Anna J. Brown. See attached 17 page Opinion and Order for full text. (bb)
September 2, 2014	Filing 10 Reply to Amended Motion to Remand Case to State Court (per Court request) #8 , Motion to Remand Case to State Court #7 Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)
August 18, 2014	Filing 9 Response in Opposition to Amended Motion to Remand Case to State Court (per Court request) #8 . Filed by Jack In The Box Inc.. (Parker, Douglas)
August 8, 2014	Filing 8 Amended Motion to Remand Case to State Court (per Court request). Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)
August 1, 2014	Filing 7 Motion to Remand Case to State Court. Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)
July 17, 2014	Filing 6 Notice Errata to Defendant's Notice of Removal Filed by Jack In The Box Inc. (Parker, Douglas)
July 16, 2014	Filing 5 Answer to Complaint following a Notice of Removal (Related Doc. #1 ) . Filed by Jack In The Box Inc.. (Parker, Douglas)
July 14, 2014	Filing 4 Notice of Case Reassignment: This case has been reassigned from Judge Michael W. Mosman to Judge Anna J. Brown. (eo)
July 10, 2014	Filing 3 Notice of Case Assignment to Judge Michael W. Mosman and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 11/7/2014. Joint Alternate Dispute Resolution Report is due by 12/8/2014. Pretrial Order is due by 12/8/2014. Ordered by Judge Michael W. Mosman. (dsg)
July 9, 2014	Filing 2 Corporate Disclosure Statement . Filed by Jack In The Box Inc. A Corporation of Delaware. (Parker, Douglas)
July 9, 2014	Filing 1 Notice of Removal of Case Number 14CV06380 from Multnomah County Circuit Court. Filing Fee in amount of $400 collected. Agency Tracking ID: 0979-3749274 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by Jack In The Box Inc. A Corporation of Delaware (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Civil Cover Sheet). (Parker, Douglas)

August 8, 2023

Filing 434 OPINION & ORDER: The Court GRANTS Defendants Rule 50(b) Motion #419 , enters judgment as a matter of law for Defendant on Plaintiffs' meal break claims, and strikes lost meal break wages and meal break penalty wages awarded to Plaintiffs. The Court DIRECTS the parties to file an amended judgment consistent with this Opinion and Order no later than August 29, 2023. Signed on 8/8/2023 by Judge Marco A. Hernandez. (jp)

July 12, 2023

Filing 433 Declaration of Ian T. Maher In Support of Reply In Support of Rule 50(b) Motion. Filed by Jack In The Box Inc.. (Related document(s): Motion for judgment #419 .) (Attachments: #1 Exhibit 1) (Maher, Ian)

July 12, 2023

Filing 432 Reply In Support of to Motion for Judgment Rule 50(b) - as a Matter of Law Regarding Plaintiffs' Unpaid Breaks Claims #419 . Filed by Jack In The Box Inc.. (Maher, Ian)

July 7, 2023

Filing 431 ORDER: The Court GRANTS Defendant's Unopposed Motion to Approve Supersedeas Bond and Stay Enforcement of the Judgment, ECF 430. Accordingly, the Court approves the bond and STAYS enforcement of the Judgment entered in this matter on May 23, 2023, ECF 416, pending resolution of any post-trial motions and prospectively on appeal. Ordered by Judge Marco A. Hernandez. (jp)

June 29, 2023

Filing 430 Unopposed Motion to Approve Supersedeas Bond and Stay Enforcement of the Judgment. Filed by Jack In The Box Inc.. (French, Pilar)

June 29, 2023

Filing 429 ORDER: The Writ of Garnishment issued to Bank of America, NA, on June 23, 2023, in [this] case is quashed. The parties shall comply with all other orders of the Court as stated on the record at the June 28, 2023 hearing. Signed on 6/29/2023 by Judge Marco A. Hernandez. (jp)

June 28, 2023

Filing 428 Response to Motion for Judgment Rule 50(b) - as a Matter of Law Regarding Plaintiffs' Unpaid Breaks Claims #419 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

June 28, 2023

Filing 427 MINUTES of Proceedings: For the reasons stated on the record, the Court GRANTS the Motion to Quash #421 . The Court stays execution of the Judgment pursuant to Federal Rule of Civil Procedure 62(a) and directs that Defendant post a bond in the amount discussed on the record. The bond shall be posted by the end of business on June 30, 2023. Jon Egan and Jim Vogele present as counsel for plaintiff(s). David P.R. Symes, Pilar C. French and Heather St.Claire present as counsel for defendant(s). Court Reporter: Kellie Humiston. Judge Marco A. Hernandez presiding. (jp)

June 28, 2023

Filing 426 Notice of Appearance of Pilar C. French appearing on behalf of Jack In The Box Inc.. Filed by on behalf of Jack In The Box Inc.. (French, Pilar)

June 28, 2023

Filing 425 ORDER: At the request of the parties, the Court orders the Clerk to seal the Declaration #422 . Ordered by Judge Marco A. Hernandez. (jp)

June 28, 2023

Filing 424 Scheduling Order: A telephone conference regarding Defendant's Motion to Quash Invalid Writ of Garnishment and for Stay of Execution #421 is set for 6/28/2023 at 02:30PM before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)

June 27, 2023

Filing 423 Declaration of Laura M. Lucero In Support of Defendant's Motion to Quash Invalid Writ of Garnishment and for Stay of Execution. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #421 .) (Parker, Douglas)

June 27, 2023

Filing 422 Declaration of David P.R. Symes In Support of Defendant's Motion to Quash Invalid Writ of Garnishment and for Stay of Execution. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #421 .) (Parker, Douglas)

June 27, 2023

Filing 421 Motion to Quash Invalid Writ of Garnishment and for Stay of Execution. Oral Argument requested.Expedited Hearing requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

June 14, 2023

Filing 420 Declaration of Ian T. Maher In Support of Defendant's Rule 50(b) Motion for Judgment as a Matter of Law Regarding Plaintiffs' Unpaid Breaks Claims. Filed by Jack In The Box Inc.. (Related document(s): Motion for judgment #419 .) (Attachments: #1 Exhibit 1-11) (Parker, Douglas)

June 14, 2023

Filing 419 Motion for Judgment Rule 50(b) - as a Matter of Law Regarding Plaintiffs' Unpaid Breaks Claims. Filed by Jack In The Box Inc.. (Parker, Douglas)

June 1, 2023

Filing 418 ORDER: Granting Stipulated Motion to Extend Deadline to File Attorney's Fee Motions and Bills of Costs #417 . Attorney's Fee Motions and Bills of Costs are due by 8/21/2023. Response is due by 9/20/2023. Reply is due by 10/4/2023. Ordered by Judge Marco A. Hernandez. (jp)

May 24, 2023

Filing 417 Stipulated Motion for Extension of Time Deadline to File Attorney's Fee Motions and Bills of Costs. Filed by Jack In The Box Inc.. (Maher, Ian)

May 23, 2023

Filing 416 JUDGMENT: Following a jury trial, the jury's verdict was received in the above-captioned case on October 24, 2022. Judgment is hereby entered as stated in this order. Signed on 5/23/2023 by Judge Marco A. Hernandez. (mja)

March 30, 2023

Filing 415 ORDER: The parties shall confer and submit a proposed form of judgment to the Courtroom Deputy by email. Ordered by Judge Marco A. Hernandez. (jp)

March 30, 2023

Filing 414 OPINION & ORDER: The Court GRANTS Defendant's Motion to Correct Verdict, ECF 394; DENIES Defendant's Motion to Reduce Unconstitutionally Excessive Damage Awards, ECF 397; and DENIES Defendant's Motion to Limit Prejudgment Interest for Delays Attributable to Plaintiffs, ECF 399. Signed on 3/30/2023 by Judge Marco A. Hernandez. (jp) (Additional attachment(s) added on 3/30/2023: #1 Exhibit 1) (cw).

January 31, 2023

Filing 413 ORDER: Denying Motion for Leave to file Surresponse to address new arguments and citations #410 . The Court will decide the issues on the briefing currently filed. Ordered by Judge Marco A. Hernandez. (jp)

January 25, 2023

Filing 412 Response in Opposition to Motion for Leave to file Surresponse to address new arguments and citations presented in Jack in the Box's Replies (proposed Surresponse attached) #410 . Filed by Jack In The Box Inc.. (Parker, Douglas)

January 20, 2023

Filing 411 Notice --- Class Counsel Jon M. Egan's Notice of Unavailability Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

January 18, 2023

Filing 410 Motion for Leave to file Surresponse to address new arguments and citations presented in Jack in the Box's Replies (proposed Surresponse attached). Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

January 4, 2023

Filing 409 Supplemental Declaration of Ian T. Maher In Support of Motion to Correct Verdict Re Penalty Wages Awarded for Shoe Deductions to Named Plaintiffs and Penalty Wages Awarded for Jason Diaz. Filed by Jack In The Box Inc.. (Related document(s): Motion to Amend/Correct #394 .) (Attachments: #1 Exhibit 1-2) (Parker, Douglas)

January 4, 2023

Filing 408 Reply In Support of to Motion to Amend/Correct Correct the Verdict Re Penalty Wages Awarded for Shoe Deductions and Penalty Wages Awarded for Jason Diaz #394 . Filed by Jack In The Box Inc.. (Parker, Douglas)

January 4, 2023

Filing 407 Supplemental Declaration of Ian T. Maher In Support of Reply in Support of Motion to Limit Prejudgment Interest for Delays Attributable to Plaintiffs. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #399 .) (Attachments: #1 Exhibit 1) (Parker, Douglas)

January 4, 2023

Filing 406 Reply In Support of to Motion to Limit Prejudgment Interest for Delays Attributable to Plaintiffs #399 . Filed by Jack In The Box Inc.. (Parker, Douglas)

January 4, 2023

Filing 405 Reply In Support of to Motion to Reduce Unconstitutionally Excessive Damage Awards #397 Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

December 14, 2022

Filing 404 Response to Motion to Reduce Unconstitutionally Excessive Damage Awards #397 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

December 14, 2022

Filing 403 Response to Motion to Limit Prejudgment Interest for Delays Attributable to Plaintiffs #399 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

December 14, 2022

Filing 402 Declaration of Jon M. Egan . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Response to Motion, #401 .) (Egan, Jon)

December 14, 2022

Filing 401 Response to Motion to Amend/Correct Correct the Verdict Re Penalty Wages Awarded for Shoe Deductions and Penalty Wages Awarded for Jason Diaz #394 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

November 23, 2022

Filing 400 Declaration of Ian T. Maher In Support of Motion to Limit Prejudgment Interest for Delays Attributable to Plaintiffs. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #399 .) (Attachments: #1 Exhibit 1-2) (Parker, Douglas)

November 23, 2022

Filing 399 Motion to Limit Prejudgment Interest for Delays Attributable to Plaintiffs. Filed by Jack In The Box Inc.. (Parker, Douglas)

November 23, 2022

Filing 398 Declaration of Ian T. Maher In Support of Motion to Reduce Unconstitutionally Excessive Damage Awards. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #397 .) (Attachments: #1 Exhibit 1-8) (Parker, Douglas)

November 23, 2022

Filing 397 Motion to Reduce Unconstitutionally Excessive Damage Awards. Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

November 22, 2022

Filing 396 Notice re Declaration, #395 Errata Filed by Jack In The Box Inc.. (Related document(s): Declaration, #395 .) (Parker, Douglas)

November 21, 2022

Filing 395 Declaration of Ian T. Maher In Support of Motion to Correct Verdict Re Penalty Wages Awarded for Shoe Deductions to Named Plaintiffs and Penalty Wages Awarded for Jason Diaz. Filed by Jack In The Box Inc.. (Related document(s): Motion to Amend/Correct #394 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Parker, Douglas)

November 21, 2022

Filing 394 Motion to Amend/Correct Correct the Verdict Re Penalty Wages Awarded for Shoe Deductions and Penalty Wages Awarded for Jason Diaz. Filed by Jack In The Box Inc.. (Parker, Douglas)

October 27, 2022

Filing 393 MINUTES of Proceedings: Telephone Conference held regarding the post-trial motions. The Court discussed the issue regarding entering judgment. Plaintiff shall provide Defendant with a proposed form of judgment. A stipulated form of judgment shall be submitted to the Court by 11/3/2022. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Clair present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)

October 27, 2022

Filing 392 Scheduling Order. A telephone conference regarding the post-judgment motions is set for 10/27/2022 at 01:00PM before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)

October 25, 2022

Filing 391 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial afternoon proceedings held on 10/21/22 before Judge Marco A. Hernandez, Court Reporter Kellie Humiston, telephone number 503-326-8186 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (Humiston, Kellie)

October 25, 2022

Filing 390 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial morning proceedings held on 10/18/22 before Judge Marco A. Hernandez, Court Reporter Kellie Humiston, telephone number 503-326-8186 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (Humiston, Kellie)

October 25, 2022

Filing 389 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial morning proceedings held on 10/17/22 before Judge Marco A. Hernandez, Court Reporter Kellie Humiston, telephone number 503-326-8186 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (Humiston, Kellie)

October 25, 2022

Filing 388 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial - Day 6 held on 10/24/2022 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (White, Ryan)

October 25, 2022

Filing 387 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial - Day 5 - Morning Session before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (White, Ryan)

October 25, 2022

Filing 386 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial - Day 4 held on 10/20/2022 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (White, Ryan)

October 25, 2022

Filing 385 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial - Day 3 held on 10/19/2022 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (White, Ryan)

October 25, 2022

Filing 384 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial Day 1 - Afternoon Session held on 10/17/2022 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/1/2022. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 11/25/2022. Release of Transcript Restriction set for 1/23/2023. (White, Ryan)

October 24, 2022

Filing 383 Clerks List of Exhibits & Witnesses. (jp)

October 24, 2022

Filing 382 Court's Instructions to the Jury. (jp)

October 24, 2022

Filing 381 Jury Verdict. (jp)

October 24, 2022

Filing 380 Jury Verdict Unredacted Version Filed Under Seal . (jp)

October 24, 2022

Filing 379 MINUTES of Proceedings: Jury Trial Day 6 before Judge Marco A. Hernandez. The Court ruled on the outstanding issues as stated on the record. Closing arguments given. Jury panel deliberates and returns a verdict in favor of Plaintiffs. See Verdict. Clerk's list of exhibits and witnesses to follow. Jury panel thanked and excused. The Clerk is directed to order 8 lunches from Elephant's Deli during jury deliberation. The Court set the following briefing schedule for any post-trial motions: Motion(s) are due by 11/23/2022. Responses are due by 12/14/2022. Any Reply is due by 1/4/2023. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Clair present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)

October 21, 2022

Filing 378 MINUTES of Proceedings: Jury Trial Day 5 before Judge Marco A. Hernandez. The Court heard argument regarding the "Late Final Pay 1" issue. Rule 104 hearing held regarding Defendant's witness Wendy Sanderlin. Objections overruled as stated on the record. Witness sworn and evidence adduced. Jurors excused for the day. The Court DENIED Defendant's renewed oral motion for judgment as a matter of law. The Court OVERRULED Defendant's objection regarding the "Late Final Pay 1" issue as stated on the record. ORDER: The parties are to provide a short brief regarding the prejudgment interest issue (including proposed jury instruction from each side's perspective) as soon as possible TODAY. Counsel shall report for Court at 8:30AM to finalize outstanding issues. FURTHER ORDERED: Jury Trial continued to 10/24/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Clair present as counsel for defendant(s). Court Reporter: Ryan White (AM) and Kellie Humiston (PM). Judge Marco A. Hernandez presiding. (jp)

October 21, 2022

Filing 377 Trial Brief - Pocket Brief Re Prejudice from Late Final Pay 1. Filed by Jack In The Box Inc.. (Attachments: #1 Exhibit 1) (Parker, Douglas)

October 20, 2022

Filing 376 MINUTES of Proceedings: Jury Trial Day 4 before Judge Marco A. Hernandez. Witnesses sworn and evidence adduced. Deposition designations read. Jurors excused early. The Court discussed jury instructions. Counsel shall report for Court at 8:30AM to finalize jury instructions. ORDER: Jury Trial is continued to 10/21/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Clair present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp) Modified on 10/21/2022 to correct to Trial Day 4 (jp).

October 19, 2022

Filing 375 Response to Plaintiffs' Memorandum Regarding Inadmissibility of FRCP 30(b)(6) Deposition Testimony Defendant May Offer Of Its Own 30(b)(6) Designees. Filed by Jack In The Box Inc.. (Parker, Douglas)

October 19, 2022

Filing 374 Memorandum in Opposition to Jack in the Boxs memorandum regarding late pay penalty 1 damages [Dkt. 373]. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

October 19, 2022

Filing 373 Notice of Defendant's Memorandum Regarding Summary Judgment Ruling [DKT 217] Excluding Late Final Pay 1 Damages Filed by Jack In The Box Inc.. (Parker, Douglas)

October 19, 2022

Filing 372 Proposed Jury Verdict Form(Revised). Filed by Jack In The Box Inc.. (Parker, Douglas)

October 19, 2022

Filing 371 Second Proposed Jury Instructions (Revised). Filed by Jack In The Box Inc.. (Parker, Douglas)

October 19, 2022

Filing 370 Amended Proposed Jury Verdict Form. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

October 19, 2022

Filing 369 Amended Proposed Jury Instructions . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

October 19, 2022

Filing 368 Memorandum in Support , referencing previously granted First Motion in Limine #315 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

October 19, 2022

Filing 367 MINUTES of Proceedings: Jury Trial Day 3 before Judge Marco A. Hernandez. Witness sworn and evidence adduced. Plaintiff rests. Defendant's oral motion for judgment as a matter of law ruled on as stated on the record. Counsel shall provide the Court with their proposed jury instructions by early afternoon TODAY. Jurors excused early for the day. ORDER: Jury Trial continued to 10/20/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Clair present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)

October 18, 2022

Filing 366 MINUTES of Proceedings: Jury Trial Day 2 before Judge Marco A. Hernandez. Hearing held regarding Plaintiff's witness Jennifer Murphy outside the presence of the jury. Jury trial resumed. Video deposition designations played. Witness (by video) sworn and evidence adduced. The Court ruled on Defendant's Motion to Limit Testimony of Plaintiffs' Witness Jennifer Murphy as stated on the record. Jurors sent home early to allow the parties' time to produce the documents ordered by the Court to each other. ORDER: Jury Trial continued to 10/19/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Claire present as counsel for defendant(s). Court Reporter: Kellie Humiston. Judge Marco A. Hernandez presiding. (jp)

October 17, 2022

Filing 365 MINUTES of Proceedings: Jury Trial Day 1 held before Judge Marco A. Hernandez. Voir dire conducted. Jury impaneled. Plaintiffs' opening statement given. Defendant's opening statement given. Video deposition designations played. Witnesses sworn and evidence adduced. Case schedule discussed. ORDER:Jury Trial continued to 10/18/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Jurors to report at 10:00AM. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Claire present as counsel for defendant(s). Court Reporter: Kellie Humiston (AM) and Ryan White (PM). Judge Marco A. Hernandez presiding. (jp)

October 17, 2022

Filing 364 Exhibit List of Defendant - Amended. Filed by Jack In The Box Inc.. (Parker, Douglas)

October 16, 2022

Filing 363 Second Witness List (Revised). Filed by Jack In The Box Inc.. (Parker, Douglas)

October 14, 2022

Filing 362 Reply In Support of to Motion to Compel Production of Plaintiffs' Rule 1006 Witness Jennifer Murphy's Original Summary and Formulas #350 . Filed by Jack In The Box Inc.. (Parker, Douglas)

October 14, 2022

Filing 361 ORDER: The Court has reviewed the parties' statements regarding issues outstanding for trial and rules as follows: (1) individual class members who did not receive notice are included in the class because the Court concludes the notice procedure satisfied due process and provided the best notice practicable under the circumstances; (2) the Court decertifies for trial the shoe class for employees who had shoe deductions taken that brought them below minimum wage or required overtime because resolution of the factual issue of whether employees provided written authorization for shoe deductions requires an individualized inquiry for each employee and, therefore, class certification is no longer appropriate; (3) the question whether an individual provided written authorization for a shoe deduction under ORS 652.610(3)(b) is an affirmative defense and, therefore, Defendant bears the burden to establish this fact by a preponderance of the evidence.The Court directs the parties to provide the Court with revised jury instructions and verdict forms that reflect these rulings not later than October 19, 2022. Ordered by Judge Marco A. Hernandez. (jp)

October 14, 2022

Filing 360 Response in Opposition to Motion to Compel Production of Plaintiffs' Rule 1006 Witness Jennifer Murphy's Original Summary and Formulas #350 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

October 14, 2022

Filing 359 Reply In Support of to Motion to Limit Testimony of Plaintiffs' Rule 1006 Witness Jennifer Murphy #348 . Filed by Jack In The Box Inc.. (Parker, Douglas)

October 14, 2022

Filing 358 Response in Opposition to Motion to Compel production of the formulas, calculations, SQL instructions, and/or logic underlying Emil Czechowskis Rebuttal Report #354 . Filed by Jack In The Box Inc.. (Parker, Douglas)

October 13, 2022

Filing 357 Amended Exhibit List ---PLAINTIFFS AMENDED EXHIBIT LIST. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

October 13, 2022

Filing 356 Scheduling Order: Defendant shall respond to Plaintiff's Motion to Compel production of the formulas, calculations, SQL instructions, and/or logic underlying Emil Czechowskis Rebuttal Report #354 by Noon on 10/14/2022. Ordered by Judge Marco A. Hernandez. (jp)

October 12, 2022

Filing 355 Declaration of Jon M. Egan . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to Compel, #354 .) (Egan, Jon)

October 12, 2022

Filing 354 Motion to Compel production of the formulas, calculations, SQL instructions, and/or logic underlying Emil Czechowskis Rebuttal Report. Expedited Hearing requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

October 12, 2022

Filing 353 Response in Opposition to Motion to Limit Testimony of Plaintiffs' Rule 1006 Witness Jennifer Murphy #348 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

October 12, 2022

Filing 352 Scheduling Order: Plaintiffs shall file a response to Defendant's Motion to Compel Production of Plaintiffs' Rule 1006 Witness Jennifer Murphy's Original Summary and Formulas #350 no later than Noon on 10/14/2022. Ordered by Judge Marco A. Hernandez. (jp)

October 12, 2022

Filing 351 Declaration of Ian T. Maher In Support of Motion to Compel Production of Plaintiffs' Rule 1006 Witness Jennifer Murphy's Original Summary and Formulas. Filed by Jack In The Box Inc.. (Related document(s): Motion to Compel #350 .) (Parker, Douglas)

October 12, 2022

Filing 350 Motion to Compel Production of Plaintiffs' Rule 1006 Witness Jennifer Murphy's Original Summary and Formulas. Expedited Hearing requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

October 11, 2022

Filing 349 Declaration of Emil Czechowski In Support of Defendant's Motion to Limit Testimony of Plaintiffs' Rule 1006 Witness Jennifer Murphy. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #348 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Parker, Douglas)

October 11, 2022

Filing 348 Motion to Limit Testimony of Plaintiffs' Rule 1006 Witness Jennifer Murphy. Expedited Hearing requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

October 7, 2022

Filing 347 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Continued Pretrial Conference held on 10/5/2022 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/14/2022. Redaction Request due 10/28/2022. Redacted Transcript Deadline set for 11/7/2022. Release of Transcript Restriction set for 1/5/2023. (White, Ryan)

October 5, 2022

Filing 346 Brief ---Plaintiffs response to Jack in the Boxs declaration and exhibits. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Memorandum in Opposition #344 .) (Egan, Jon)

October 5, 2022

Filing 345 Declaration of Ian T. Maher In Support of Memorandum Re Undeliverable Class Notices. Filed by Jack In The Box Inc.. (Related document(s): Memorandum in Opposition #344 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Parker, Douglas) Modified on 10/6/2022 to seal document(ecp).

October 5, 2022

Filing 344 Memorandum in Opposition Re Undeliverable Class Notices. Filed by Jack In The Box Inc.. (Parker, Douglas)

October 5, 2022

Filing 343 MINUTES of Proceedings: Final Pretrial Conference held. The Court ruled on the motions in limine and objections to witnesses as stated on the record. The Court DENIED Defendant's oral motion to contact witnesses. Trial procedures discussed. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Claire present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)

October 4, 2022

Filing 342 Brief --- Plaintiffs brief regarding class members who (allegedly) did not receive actual notice. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Pretrial Conference - Initial,,,,, 338 .) (Egan, Jon)

October 4, 2022

Filing 341 Exhibit List (Revised). Filed by Jack In The Box Inc.. (Parker, Douglas)

October 4, 2022

Filing 340 Witness List (Revised). Filed by Jack In The Box Inc.. (Parker, Douglas)

October 4, 2022

Filing 339 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Pretrial Conference held on 10/3/2022 before Judge Marco A. Hernandez, Court Reporter Ryan White, telephone number 503-326-8184 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/11/2022. Redaction Request due 10/25/2022. Redacted Transcript Deadline set for 11/4/2022. Release of Transcript Restriction set for 1/3/2023. (White, Ryan)

October 3, 2022

Filing 338 MINUTES of Proceedings: Pretrial Conference held. Plaintiff advised the Court it was withdrawing the claim for punitive damages. For the reasons stated on the record, the Court ordered that portion of the shoe deduction class that alleges Defendant took improper shoe deductions under O.R.S. 652.615 to be decertified. The Court found the issues of due process and the calculation of prejudgment interest are matters for the Court. The Court denied Defendant's Motion to Strike Plaintiffs' Witnesses Jennifer Murphy and Michele Lauzier #306 . Plaintiff shall disclose the spreadsheets to Defendant by 10/5/2022. The Court ruled on exhibits as stated on the record. The parties are instructed to review all pretrial filings and amend as necessary to reflect the Court's rulings by 10/5/2022 at 9:00 a.m. Defendant orally renewed its motion to contact witnesses. The Court took the matter under advisement. The Pretrial Conference is CONTINUED to 10/5/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker, David Symes, Ian Maher and Heather St. Claire present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)

September 26, 2022

Filing 337 ORDER: The Court DENIES Plaintiffs' Motion #335 for Leave to File Surresponse. The Court will hear Plaintiffs' argument on this issue at the Pretrial Conference. Ordered by Judge Marco A. Hernandez. (jp)

September 23, 2022

Filing 336 Response in Opposition to Motion for Leave to file Surresponse #335 , Motion to Strike Plaintiffs' Witnesses Jennifer Murphy and Michele Lauzier #306 Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

September 22, 2022

Filing 335 Motion for Leave to file Surresponse. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

September 19, 2022

Filing 334 Declaration of Douglas S. Parker in Support of Defendant's Reply in Support of Motion to Strike Plaintiffs' Witnesses Murphy and Lauzier. Filed by Jack In The Box Inc.. (Related document(s): Motion to Strike #306 .) (Attachments: #1 Exhibit A) (Parker, Douglas)

September 19, 2022

Filing 333 Reply In Support of to Motion to Strike Plaintiffs' Witnesses Jennifer Murphy and Michele Lauzier #306 oral argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

September 12, 2022

Filing 332 Witness List Plaintiffs' one-page listing of potential witnesses. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

September 12, 2022

Filing 331 Declaration of Jon M. Egan . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Response to Motion #327 .) (Egan, Jon)

September 12, 2022

Filing 330 Designation of Deposition Testimony Plaintiffs Responses to Jack in the Boxs deposition designation objections. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

September 12, 2022

Filing 329 Objection to Trial Exhibit #309 Objection to Trial Exhibit Plaintiffs Response to Jack in the Boxs trial exhibit objections. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

September 12, 2022

Filing 328 Witness List Plaintiffs Responses to Jack in the Boxs witness objections. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

September 12, 2022

Filing 327 Response to Motion in limine of Defendant #313 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

September 12, 2022

Filing 326 Response to Motion to Strike Plaintiffs' Witnesses Jennifer Murphy and Michele Lauzier #306 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

September 12, 2022

Filing 325 Witness List Defendant's One-Page Listing of Potential Witnesses. Filed by Jack In The Box Inc.. (Parker, Douglas)

September 12, 2022

Filing 324 Declaration of Douglas S. Parker In Support of Defendant's Response to Plaintiffs' Objections to Defendant's Witnesses. Filed by Jack In The Box Inc.. (Related document(s): Witness statement #323 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Parker, Douglas)

September 12, 2022

Filing 323 Witness Statement Defendant's Response to Plaintiffs' Objections to Defendant's Witnesses. Filed by Jack In The Box Inc.. (Parker, Douglas)

September 12, 2022

Filing 322 Declaration of Douglas S. Parker In Support of Defendant's Response to Plaintiffs' Motions in Limine. Filed by Jack In The Box Inc.. (Related document(s): Response to Motion #321 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12) (Parker, Douglas)

September 12, 2022

Filing 321 Response to Plaintiffs' to Motion in limine #315 . Filed by Jack In The Box Inc.. (Parker, Douglas)

September 12, 2022

Filing 320 Objection to Trial Exhibit #318 Objection Defendant's Response to Plaintiffs' Objections to Defendant's Exhibits. Filed by Jack In The Box Inc.. (Parker, Douglas)

September 7, 2022

Filing 319 Joint Proposed Jury Instructions . Filed by Jack In The Box Inc.. (Parker, Douglas)

September 6, 2022

Filing 318 Objection(s) to Jack in the Box's Exhibits and Witnesses. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

September 6, 2022

Filing 317 Proposed Jury Verdict Form. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

September 6, 2022

Filing 316 Voir Dire . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

September 6, 2022

Filing 315 Motion in limine . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

September 6, 2022

Filing 314 Declaration of Ian T. Maher In Support of Defendant's Motions in Limine. Filed by Jack In The Box Inc.. (Related document(s): Motion in Limine #313 .) (Attachments: #1 Exhibit 1) (Parker, Douglas)

September 6, 2022

Filing 313 Motion in limine of Defendant. Filed by Jack In The Box Inc.. (Parker, Douglas)

September 6, 2022

Filing 312 Designation of Deposition Testimony Defendant's Objections to Plaintiffs' Deposition Designations. Filed by Jack In The Box Inc.. (Parker, Douglas)

September 6, 2022

Filing 311 Witness Statement Defendant's Objections to Plaintiffs' Witness Statements. Filed by Jack In The Box Inc.. (Parker, Douglas)

September 6, 2022

Filing 310 Proposed Jury Verdict Form of Defendant. Filed by Jack In The Box Inc.. (Parker, Douglas)

September 6, 2022

Filing 309 Objection to Trial Exhibit #302 Exhibit List . Filed by Jack In The Box Inc.. (Parker, Douglas)

September 6, 2022

Filing 308 Proposed Voir Dire of Defendant. Filed by Jack In The Box Inc.. (Parker, Douglas)

September 6, 2022

Filing 307 Declaration of Ian T. Maher In Support of Motion to Strike Plaintiffs' Witnesses Jennifer Murphy and Michele Lauzier. Filed by Jack In The Box Inc.. (Related document(s): Motion to Strike #306 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Parker, Douglas)

September 6, 2022

Filing 306 Motion to Strike Plaintiffs' Witnesses Jennifer Murphy and Michele Lauzier. Oral Argument requested.Expedited Hearing requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

August 29, 2022

Filing 305 Trial Memorandum . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

August 29, 2022

Filing 304 Statement of Economic Damages . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

August 29, 2022

Filing 303 Witness Statement . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

August 29, 2022

Filing 302 Exhibit List . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

August 29, 2022

Filing 301 Trial Memorandum . Filed by Jack In The Box Inc.. (Parker, Douglas)

August 29, 2022

Filing 300 Witness Statement . Filed by Jack In The Box Inc.. (Parker, Douglas)

August 29, 2022

Filing 299 Exhibit List . Filed by Jack In The Box Inc.. (Parker, Douglas)

August 24, 2022

Filing 298 Supplemental Jury Trial Management Order Regarding the JERS System. Electronic trial exhibits due by 10/7/2022. Signed on 8/24/2022 by Judge Marco A. Hernandez. (jp)

August 8, 2022

Filing 297 ORDER: The Court DENIES Defendant's Motion (#288) for Trial Plan. Plaintiff is not required to prepare a trial plan. Ordered by Judge Marco A. Hernandez. (jp)

August 8, 2022

Filing 296 ORDER: The Court DENIES Defendant's Motion (#286). Defendant seeks an Order permitting defense counsel to speak to represented class members. The court declines to issue such an order. Ordered by Judge Marco A. Hernandez. (jp)

August 1, 2022

Filing 295 Declaration of Douglas S. Parker In Support of Reply In Support of Motion for Permission to Contact Class Members who are not Members of the Shoe Class and Jeffrey Tennant. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #286 .) (Attachments: #1 Exhibit A-G) (Parker, Douglas)

August 1, 2022

Filing 294 Reply In Support of to Motion for Permission to Contact Class Members who are not Members of the Shoe Class and Jeffrey Tennant #286 . Filed by Jack In The Box Inc.. (Parker, Douglas)

July 28, 2022

Filing 293 Reply In Support of Motion for Trial Plan to Motion for Trial Plan #288 . Filed by Jack In The Box Inc.. (Parker, Douglas)

July 26, 2022

Filing 292 Response to Motion for Trial Plan #288 Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)

July 26, 2022

Filing 291 Response to Motion for Permission to Contact Class Members who are not Members of the Shoe Class and Jeffrey Tennant #286 Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)

July 20, 2022

Filing 290 Scheduling Order: Plaintiffs' Responses to Defendant's Motion for Permission to Contact Class Members who are not Members of the Shoe Class and Jeffrey Tennant #286 and Motion for Trial Plan #288 are due by 7/26/2022. Ordered by Judge Marco A. Hernandez. (jp)

July 15, 2022

Filing 289 Declaration of Ian T. Maher In Support of Motion for Trial Plan. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #288 .) (Attachments: #1 Exhibit A-G) (Parker, Douglas)

July 15, 2022

Filing 288 Motion for Trial Plan. Expedited Hearing requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

July 13, 2022

Filing 287 Declaration of Ian T. Maher In Support of Motion for Permission to Contact Class Members who are not Members of the Shoe Class and Jeffrey Tennant. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #286 .) (Attachments: #1 Exhibit A-E) (Parker, Douglas)

July 13, 2022

Filing 286 Motion for Permission to Contact Class Members who are not Members of the Shoe Class and Jeffrey Tennant. Expedited Hearing requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

July 7, 2022

Filing 285 MINUTES of Proceedings: Telephone Status Conference held. The parties report the case is on track for the 10-day Jury Trial set to begin 10/17/2022. Due to a conflict in the Court's schedule, trial on 10/19 and 10/20 will end at Noon. Jon Egan and Jim Vogele present as counsel for plaintiff(s). Douglas Parker and David Symes present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)

July 1, 2022

Filing 284 Notice of Change of Firm Association of Ian T. Maher Filed by Jack In The Box Inc.. (Maher, Ian)

June 29, 2022

Filing 283 Scheduling Order by Judge Marco A. Hernandez. A Telephone Conference to discuss the schedule for the 10/17/2022 Jury Trial is set for 7/7/2022 at 01:30PM by telephone before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)

June 2, 2022

Filing 282 ORDER: Finding as Moot Motion to Substitute Attorney #281 as it was a notice. Ordered by Judge Marco A. Hernandez. (jp)

May 27, 2022

Filing 281 Motion to Substitute Attorney . Filed by Jack In The Box Inc.. (Symes, David)

April 6, 2022

Filing 280 Notice of Appearance of Heather St.Clair appearing on behalf of Jack In The Box Inc.. Filed by Jack In The Box Inc.. (St.Clair, Heather)

March 1, 2022

Filing 279 JURY TRIAL MANAGEMENT ORDER. Signed on 3/1/2022 by Judge Marco A. Hernandez. (jp)

February 25, 2022

Filing 278 MINUTES of Proceedings: Scheduling Conference held. The Court set the following case schedule: The 10-day Jury Trial is set to begin 10/17/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. A Pretrial Conference is set for 10/3/2022 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Counsel shall refer to the Trial Management Order (to follow) for pretrial submission timelines. Jon Egan present as counsel for plaintiff(s). Douglas Parker and David Symes present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)

February 15, 2022

Filing 277 Scheduling Order by Judge Marco A. Hernandez. A Telephone Scheduling Conference is set for 2/25/2022 at 01:30PM before Judge Marco A. Hernandez. The parties shall email the Courtroom Deputy a joint proposed schedule by 2/23/2022. Ordered by Judge Marco A. Hernandez. (jp)

February 10, 2022

Filing 276 Notice of Change of Firm Association Filed by Jack In The Box Inc.. (Parker, Douglas)

December 1, 2021

Filing 275 OPINION & ORDER: The Court DENIES Defendant's Motion to Decertify Shoe Deduction Claim #253 . Signed on 12/1/2021 by Judge Marco A. Hernandez. (jp)

November 27, 2021

Filing 274 OPINION & ORDER: The Court GRANTS Plaintiffs' Motion for Reconsideration of Court's Previous Denial of Class Certification for Plaintiffs' Unpaid Break Class #270 to the extent that the Court reconsiders the denial of class certification for Plaintiff's unpaid break class. The Court, however, ADHERES to the denial of class certification. Signed on 11/27/2021 by Judge Marco A. Hernandez. (jp)

October 19, 2021

Filing 273 Reply to Motion for Reconsideration of Courts previous denial of class certification for plaintiffs Unpaid Break class --- of Scheduling Conference,,, 264 , Order on motion to file excess pages, 269 , Order on Motion to Certify Class, Order on mot Motion to Certify the Class #270 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

October 5, 2021

Filing 272 Declaration of Douglas S. Parker In Support of Opposition to Motion for Reconsideration of Certification for Unpaid Break Class. Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion, #271 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Parker, Douglas)

October 5, 2021

Filing 271 Response in Opposition to Motion for Reconsideration of Courts previous denial of class certification for plaintiffs Unpaid Break class --- of Scheduling Conference,,, 264 , Order on motion to file excess pages, 269 , Order on Motion to Certify Class, Order on mot Motion to Certify the Class #270 Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

September 15, 2021

Filing 270 Motion for Reconsideration of Courts previous denial of class certification for plaintiffs Unpaid Break class --- of Scheduling Conference,,, 264 , Order on motion to file excess pages, 269 , Order on Motion to Certify Class, Order on motion for reconsideration #232 , Order on Motion to Certify Class,, #139 , Motion to Certify the Class . Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

September 15, 2021

Filing 269 ORDER: The Court grants Plaintiffs' Unopposed Motion (#268) for Leave to File Overlong Brief and directs Plaintiffs to file their Motion for Reconsideration of Court's Previous Denial of Class Certification of Plaintiffs' Unpaid Break Class as set out in their Motion for Leave to File Overlong Brief. Ordered by Judge Marco A. Hernandez. (jp)

September 14, 2021

Filing 268 Unopposed Motion to File Excess Pages re Scheduling Conference,,, 264 , Order on Motion to Certify Class, Order on motion for reconsideration #232 , Order on Motion to Certify Class,, #139 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

August 30, 2021

Filing 267 Reply In Support of to Motion to Decertify Shoe Deduction Claim #253 Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

August 30, 2021

Filing 266 Notice of Appearance of Jim W. Vogele appearing on behalf of All Plaintiffs . Filed by Jason Diaz, Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Vogele, Jim)

August 27, 2021

Filing 265 ORDER: The Court has reviewed the parties' August 26, 2021, email thread regarding Defendant's request to file a motion for reconsideration of Judge Brown's willfulness finding related to Plaintiffs' WBF claim. Defendant did not point to any "new evidence, point to intervening law, or show clear legal or factual error on the part of" Judge Brown. Betz v. Hood, 229 F.3d 1156 (9th Cir. 2000). Accordingly, the Court denies Defendant's request to file a motion for reconsideration of Judge Brown's willfulness finding related to Plaintiffs' WBF claim. Ordered by Judge Marco A. Hernandez. (jp)

August 24, 2021

Filing 264 MINUTES of Proceedings: Telephone Conference held regarding Plaintiff's proposed motion for reconsideration of the denial of class certification of their unpaid break claims. The Court granted the parties request to file such a motion. Plaintiff's Motion is to be filed by 9/14/2021. Defendant's Response is due by 10/5/2021. As discussed on the record, Defendant shall send an email string to the Court by 8/27/2021 regarding its request to file a motion for reconsideration on willfulness on the WBF claims. The 12/6/2021 trial date and the 11/29/2021 pretrial conference, as well as the schedule set for pretrial documents, are STRICKEN, and will be reset following the Court's ruling on the reconsideration motion(s). Jon Egan present as counsel for plaintiff(s). Douglas Parker abd David Symes present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)

August 23, 2021

Filing 263 Response to Motion to Decertify Shoe Deduction Claim #253 Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)

August 20, 2021

Filing 262 Scheduling Order by Judge Marco A. Hernandez. A Telephone conference to discuss the parties' proposed motions for reconsideration is set for 8/24/2021 at 01:30PM before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)

August 9, 2021

Filing 261 MINUTES of Proceedings: Telephone Conference held regarding Defendant's Motion to Decertify Shoe Deduction Claim #253 . Plaintiff's Response is due by 8/23/2021. Defendant's Reply is due by 8/30/2021. The parties shall send an email to the Courtroom Deputy regarding any other new issues they contemplate bringing forward. Jon Egan present as counsel for plaintiff(s). Douglas Parker and David Symes present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)

August 6, 2021

Filing 260 ORDER: Granting Motion for Stay of deadline for plaintiffs' response to defendant's decertification motion [Dkt. 253] (pending outcome of August 9, 2021 telephone conference with Court) #258 . Ordered by Judge Marco A. Hernandez. (jp)

August 5, 2021

Filing 259 Response in Opposition to Motion for Stay deadline for plaintiffs' response to defendant's decertification motion [Dkt. 253] (pending outcome of August 9, 2021 telephone conference with Court) #258 . Filed by Jack In The Box Inc.. (Parker, Douglas)

August 3, 2021

Filing 258 Motion for Stay deadline for plaintiffs' response to defendant's decertification motion [Dkt. 253] (pending outcome of August 9, 2021 telephone conference with Court). Filed by All Plaintiffs. (Egan, Jon)

August 3, 2021

Filing 257 Scheduling Order by Judge Marco A. Hernandez. A telephone conference regarding Defendant's Motion to Decertify Shoe Deduction Claim #253 is set for 8/9/2021 at 01:15PM before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)

July 28, 2021

Filing 256 ORDER: Granting Ian Maher's Motion for Leave to Appear Pro Hac Vice #255 . Ordered by Judge Marco A. Hernandez. (jp)

July 28, 2021

Filing 255 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ian Maher. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8172287. Filed by Jack In The Box Inc.. (Maher, Ian)

July 28, 2021

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ian Maher. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8172287 #255 : Reviewed and Ready for Ruling. (sss)

July 27, 2021

Filing 254 Declaration of Douglas S. Parker In Support of Motion to Decertify Shoe Deduction Claim. Filed by Jack In The Box Inc.. (Related document(s): Motion - Miscellaneous #253 .) (Attachments: #1 Exhibit A-N) (Parker, Douglas)

July 27, 2021

Filing 253 Motion to Decertify Shoe Deduction Claim. Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

June 28, 2021

Filing 252 Notice of Appearance of David P. R. Symes appearing on behalf of Jack In The Box Inc.. Filed by Jack In The Box Inc.. (Symes, David)

April 27, 2021

Filing 251 Scheduling Order by Judge Marco A. Hernandez. Due to a conflict in the Court's schedule, the Pretrial Conference set for 11/15/2021 at 1:30PM is RESET to 11/29/2021 at 10:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. The schedule for pretrial documents #247 remains in effect, as does the 10-day jury trial set to begin on 12/6/2021 @ 9:00AM. Ordered by Judge Marco A. Hernandez. (jp)

April 6, 2021

Filing 250 Notice of Change of Address. Filed by Jack In The Box Inc.. (Parker, Douglas)

February 16, 2021

Filing 249 MINUTES of Proceedings: Scheduling Telephone Conference regarding Proposed Joint Case Management Schedule #247 . The Court ADOPTS the parties' proposed case schedule, as more specifically set forth in #247 , with the following revision: The Pretrial Conference is set for 11/15/2021 at 01:30PM in Portland Courtroom 15A before Judge Marco A. Hernandez. The 10-day Jury Trial is set for 12/6/2021 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Plaintiffs' Counsel not present due to inclement weather [The Court did, however, speak to Mr. Egan and relayed the information to which he had no objections]. Douglas S. Parker present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)

February 10, 2021

Filing 248 Scheduling Order by Judge Marco A. Hernandez. A Telephone Scheduling Conference is set for 2/16/2021 at 03:00PM before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)

February 9, 2021

Filing 247 Joint Proposed Joint Case Management Schedule . Filed by All Plaintiffs. (Egan, Jon)

January 21, 2021

Filing 246 Notice of Case Reassignment: This case has been reassigned from Judge Anna J. Brown to Judge Marco A. Hernandez. (eo)

January 19, 2021

Filing 245 MINUTES of Proceedings: Status Conference held on the parties Joint Status Reports #241 and #243 . Parties indicated they would like to proceed to trial in the fall. Pretrial documents are now due 8/2/2021. Court advised the parties that the matter may be reassigned due to this Courts schedule. Court to further advise the parties regarding reassignment. Jon M. Egan present as counsel for plaintiff(s). Douglas S. Parker present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Anna J. Brown presiding. (bb)

December 21, 2020

Filing 244 Order by Judge Anna J. Brown. Telephonic Scheduling Conference is SET for 1/19/2021 at 02:30 PM before Judge Anna J. Brown. (bb)

December 17, 2020

Filing 243 Joint Status Report --- Joint Summary of All Remaining Unresolved Claims and Defenses. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

December 11, 2020

Filing 242 Order by Judge Anna J. Brown. The Court has reviewed the parties Joint Status Report #241 and proposed case-management schedule. The Court DIRECTS the parties to confer and to file no later than December 17, 2020, a concise summary of all remaining unresolved claims and defenses. The Court will set a scheduling conference after reviewing the parties concise summary. (bb)

December 3, 2020

Filing 241 Joint Status Report . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

November 19, 2020

Filing 240 Order from USCA for the 9th Circuit, USCA # 20-80096. The court, in its discretion, denies the petition for permission to appeal the district court's June 5, 2020 order denying petitioners renewed motion to certify the unpaid break class. The conditional cross-petition is denied as moot (ecp)

October 15, 2020

Filing 239 Order by Judge Anna J. Brown. The Court acknowledges the parties Joint Status Report #238 . The Court CONTINUES the stay on further proceedings in this court until the Ninth Circuit has ruled on Plaintiffs Petition for permission to appeal. The parties shall file a joint status report within 14 days of the Ninth Circuits ruling on the petition that shall include either a proposed schedule for pretrial proceedings and trial if the appellate court denies Plaintiffs petition or the parties respective positions regarding a continuation of the stay if the appellate court grants Plaintiffs petition. In any event, the parties shall advise the Court no later than 1/12/21 as to the status of the appeal. (bb)

October 13, 2020

Filing 238 Joint Status Report . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

August 18, 2020

Filing 237 Order by Judge Anna J. Brown. The Court acknowledges the parties Joint Status Report #236 . Pursuant to the parties request, the Court CONTINUES the stay on any further proceedings in this court until the Ninth Circuit has ruled on Plaintiffs petition for permission to appeal. The parties shall file a joint status report within 14 days of the Ninth Circuits ruling on the petition that shall include either a proposed schedule for pretrial proceedings and trial if the appellate court denies Plaintiffs petition or the parties respective positions regarding a continuation of the stay if the appellate court grants Plaintiffs petition. In any event, the parties shall advise the Court no later than 10/13/20 as to the status of the appeal. (bb)

August 17, 2020

Filing 236 Joint Status Report . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

June 17, 2020

Filing 235 Order by Judge Anna J. Brown.The Court acknowledges the parties Joint Status Report #234 . Pursuant to the parties request, the Court GRANTS the parties a stay on any further proceedings in this court until the Ninth Circuit has ruled on Plaintiffs petition for permission to appeal. The parties shall file a joint status report within 14 days of the Ninth Circuits ruling on the petition that shall include either a proposed schedule for pretrial proceedings and trial if the appellate court denies Plaintiffs petition or the parties respective positions regarding a continuation of the stay if the appellate court grants Plaintiffs petition. In any event, the parties shall advise the Court no later than 8/17/20 as to the status of the appeal. (bb)

June 16, 2020

Filing 234 Joint Status Report . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

June 5, 2020

Filing 233 Order by Judge Anna J. Brown. The Court directs counsel to confer about the case-management steps now needed for the just, speedy, and inexpensive resolution of the remaining issues in this matter consistent with Federal Rule of Civil Procedure 1. After such meaningful conferral, the parties must file no later than Noon on June 17, 2020, a Joint Status Report concisely summarizing the claims and defenses still to be resolved and a jointly proposed case-management schedule to do so. (bb)

June 5, 2020

Filing 232 OPINION AND ORDER: The Court DENIES Renewed Motion #225 to Certify Unpaid Break Class. Signed on 6/5/20 by Judge Anna J. Brown. See attached 35 page Opinion and Order. (bb)

May 15, 2020

Filing 231 Declaration of Simeon Brett . Filed by Jack In The Box Inc.. (Related document(s): Notice, #230 .) (Attachments: #1 Exhibit Exhibit 1) (Parker, Douglas)

May 15, 2020

Filing 230 Notice re Response in Opposition to Motion, #227 Concerning Institution of Jack's Timekeeping in Oregon Restaurants Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion, #227 .) (Attachments: #1 Attachment Depo. Excerpts) (Parker, Douglas)

May 5, 2020

Filing 229 Reply to Motion to Certify the Class (Unpaid Breaks class) Motion for Reconsideration based on intervening decision of Maza v. Waterford Operations, LLC, 300 Or App 471 (Nov 14, 2019) of Order on motion for reconsideration 221 , Notice, #220 , Declaration, #116 , Motion to certify class #126 , Ex #225 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

April 17, 2020

Filing 228 Declaration of Douglas S. Parker In Support of. Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion, #227 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Parker, Douglas)

April 17, 2020

Filing 227 Response in Opposition to Motion to Certify the Class (Unpaid Breaks class) Motion for Reconsideration based on intervening decision of Maza v. Waterford Operations, LLC, 300 Or App 471 (Nov 14, 2019) of Order on motion for reconsideration 221 , Notice, #220 , Declaration, #116 , Motion to certify class #126 , Ex #225 Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

April 3, 2020

Filing 226 Notice of Substitution of Counsel Filed by Jack In The Box Inc.. (Parker, Douglas)

March 27, 2020

Filing 225 Motion to Certify the Class (Unpaid Breaks class), Motion for Reconsideration based on intervening decision of Maza v. Waterford Operations, LLC, 300 Or App 471 (Nov 14, 2019) of Order on motion for reconsideration 221 , Notice, #220 , Declaration, #116 , Motion to certify class #126 , Exhibits #123 , Exhibits #120 , Declaration, #115 , Motion for Reconsideration, #218 , Declaration, #117 , Scheduling,,, 224 , Declaration, #119 , Declaration, #127 , Exhibits #124 , Declaration, #114 , Reply to Motion, #138 , Joint Status Report #223 , Exhibits #122 , Order on Motion to Certify Class,, #139 , Joint Status Report #219 , Declaration, #118 , Exhibits #121 . Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

March 24, 2020

Filing 224 Scheduling Order by Judge Anna J. Brown. The Court has reviewed the parties Joint Status Report [#223]. The Court GRANTS Plaintiffs leave to file a Motion for Reconsideration to address the Oregon Court of Appeals decision in Maza v. Waterford Operations LLC, 300 Or. App. 471 (2019), not later than March 27, 2020. Defendants Response is due April 17, 2020. Plaintiffs Reply is due May 8, 2020. The Court will take the Motion under advisement on May 8, 2020. After the Court issues an Opinion and Order addressing Plaintiffs Motion for Reconsideration the Court will contact the parties to determine a schedule to continue to move the case forward. While this Motion is being briefed and decided, the Court expects the parties to move forward with discovery and assessment of the remaining aspects of the case and, when reasonable, to consider taking depositions remotely. (bb)

March 23, 2020

Filing 223 Joint Status Report . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

December 30, 2019

Filing 222 Order by Judge Anna J. Brown. Joint Status Report due within 7 days of completion of mediation. (bb)

December 20, 2019

Filing 221 ORDER by Judge Anna J. Brown. Plaintiff's Motion for Reconsideration of previous denial of class certification of Unpaid Break Class portion of Order on Motion to Certify Class WITHDRAWN per Notice #220 . (bb)

December 19, 2019

Filing 220 Notice re Motion for Reconsideration, #218 Withdrawing Dkt. 218 without prejudice to refile it if the parties scheduled mediation is not successful Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion for Reconsideration, #218 .) (Egan, Jon)

December 9, 2019

Filing 219 Joint Status Report . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

December 7, 2019

Filing 218 Motion for Reconsideration of previous denial of class certification of Unpaid Break Class portion of Order on Motion to Certify Class,, #139 . Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

November 13, 2019

Filing 217 OPINION AND ORDER: For the reasons stated, the Court Denies Defendant's Motion for Summary Judgment #161 - Arbitration of Claim; Denies Defendant's Motion for Summary Judgment #162 - WBF Deduction Claims Barred by Tax Laws; Grants in Part and Denies in Part Defendant's Motion for Summary Judgment #163 - Remedies Related to Alleged Wrongful Deductions Are Limited; Grants Defendant's Motion for Summary Judgment #164 - Breach of Fiduciary Duty Tort Claim is Time-Barred; Denies Defendant's Motion for Summary Judgment #165 - Quasi-Contract/Unjust Enrichment Claims Fails as a Matter of Law; Grants Plaintiffs' Motion for Partial Summary Judgment #172 - Prima Facie Liability on Workers' Benefit Fund Claims; Denies Plaintiffs' Motion for Partial Summary Judgment #173 - Prima Facie Liability on Shoe Claims; Grants Plaintiffs' Motion for Partial Summary Judgment #174 - Prima Facie Liability on Franchise Transfer Claims; Denies Plaintiffs' Motion for Partial Summary Judgment #175 - Issue of Damages under ORS 652.615; Denies Plaintiffs' Motion for Partial Summary Judgment #176 - Issue of Damages under ORS 653.025; Denies Plaintiffs' Motion for Partial Summary Judgment #177 - Issue of Damages under ORS 653.261; Grants in Part and Denies in Part Plaintiffs' Motion for Partial Summary Judgment #178 - Issue of Damages under ORS 652.140; Grants in Part and Denies in Part Plaintiffs' Motion for Partial Summary Judgment #179 - Defendant's Third Affirmative Defense (Authorized Deductions); Grants in Part and Denies in Part Plaintiffs' Motion for Partial Summary Judgment #180 - Defendant's Fourth Affirmative Defense (Benefit to Employee); Grants in Part and Denies in Part Plaintiffs' Motion for Partial Summary Judgment #181 - Defendant's Fifth Affirmative Defense (Valid Deduction). The Court DIRECTS the parties to confer and to file a Joint Status Report no later than 12/12/2019. (See 142 page Opinion.) Signed on 11/13/2019 by Judge Anna J. Brown. (slm)

July 25, 2019

Filing 216 Sur-Response (allowed by Dkt. 215) to Motion for Summary Judgment No. 1 - Arbitration of Claims #161 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

July 9, 2019

Filing 215 ORDER by Judge Anna J. Brown The Court has completed its review of the record on Plaintiffs' Motion (#202 ) to Strike, and/or for Leave to File Surreponse. Given the age of this matter and in the interest of moving forward, the Court DENIES Plaintiffs' Motion to Strike but GRANTS Plaintiffs' alternative Motion for Leave to File Surresponse as follows: Plaintiffs may make a supplemental filing no later than July 26, 2019, to itemize specific evidentiary objections to the evidence and testimony in the Declaration of Susan Pettijohn that they believe is newly raised in that filing. If the Court needs additional defense briefing re these evidentiary objections, the Court will advise the parties. (jy)

July 5, 2019

Filing 214 Reply to Motion for Partial Summary Judgment on Jack in the Boxs fifth affirmative defense (Valid Deduction) #181 . Filed by All Plaintiffs. (Egan, Jon)

July 5, 2019

Filing 213 Reply to Motion for Partial Summary Judgment on Jack in the Boxs fourth affirmative defense (Benefit to Employees) #180 . Filed by All Plaintiffs. (Egan, Jon)

July 5, 2019

Filing 212 Reply to Motion for Partial Summary Judgment on Jack in the Boxs third affirmative defense (Authorized Deductions) #179 . Filed by All Plaintiffs. (Egan, Jon)

July 5, 2019

Filing 211 Reply to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.140 #178 . Filed by All Plaintiffs. (Egan, Jon)

July 5, 2019

Filing 210 Reply to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.261 #177 . Filed by All Plaintiffs. (Egan, Jon)

July 5, 2019

Filing 209 Reply to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.025 #176 . Filed by All Plaintiffs. (Egan, Jon)

July 5, 2019

Filing 208 Reply to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.615 #175 . Filed by All Plaintiffs. (Egan, Jon)

July 5, 2019

Filing 207 Reply to Motion for Partial Summary Judgment on the issue of prima facie liability on their franchise transfer claims #174 . Filed by All Plaintiffs. (Egan, Jon)

July 5, 2019

Filing 206 Reply to Motion for Partial Summary Judgment on the issue of prima facie liability on their shoe claims #173 . Filed by All Plaintiffs. (Egan, Jon)

July 5, 2019

Filing 205 Reply to Motion for Partial Summary Judgment on the issue of prima facie liability on their Workers' Benefit Fund claims #172 . Filed by All Plaintiffs. (Egan, Jon)

July 5, 2019

Filing 204 Declaration of Michele Lauzier . Filed by All Plaintiffs. (Related document(s): Motion for Partial Summary Judgment #176 .) (Egan, Jon)

July 5, 2019

Filing 203 Supplemental Declaration of Jon M. Egan . Filed by All Plaintiffs. (Related document(s): Motion for Partial Summary Judgment #177 , Motion for Partial Summary Judgment #179 , Motion for Partial Summary Judgment #176 , Motion for Partial Summary Judgment #178 , Motion for Partial Summary Judgment #173 , Motion for Partial Summary Judgment #175 , Motion for Partial Summary Judgment #180 , Motion for Partial Summary Judgment #181 , Motion for Partial Summary Judgment, #172 , Motion for Partial Summary Judgment #174 .) (Egan, Jon)

July 5, 2019

Filing 202 Motion to Strike and/or for leave to file Surresponse to Declaration,, #200 . Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)

June 14, 2019

Filing 201 Supplemental Declaration of Jennifer Warberg . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #191 , Response in Opposition to Motion #197 , Response in Opposition to Motion #193 , Response in Opposition to Motion #196 , Response in Opposition to Motion #199 , Response in Opposition to Motion #198 , Reply to Motion #189 , Response in Opposition to Motion #194 , Response in Opposition to Motion #192 , Response in Opposition to Motion #190 , Reply to Motion #186 , Reply to Motion #187 , Reply to Motion #188 , Reply to Motion #185 , Response in Opposition to Motion #195 .) (Attachments: #1 Exhibit E - F) (Warberg, Jennifer)

June 14, 2019

Filing 200 Declaration of Susan Pettijohn . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #191 , Response in Opposition to Motion #197 , Response in Opposition to Motion #193 , Response in Opposition to Motion #196 , Response in Opposition to Motion #199 , Response in Opposition to Motion #198 , Reply to Motion #189 , Response in Opposition to Motion #194 , Response in Opposition to Motion #192 , Response in Opposition to Motion #190 , Reply to Motion #186 , Reply to Motion #187 , Reply to Motion #188 , Reply to Motion #185 , Response in Opposition to Motion #195 .) (Attachments: #1 Exhibit AA - DD) (Warberg, Jennifer)

June 14, 2019

Filing 199 Response in Opposition to Motion for Partial Summary Judgment on Jack in the Boxs fifth affirmative defense (Valid Deduction) #181 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

June 14, 2019

Filing 198 Response in Opposition to Motion for Partial Summary Judgment on Jack in the Boxs fourth affirmative defense (Benefit to Employees) #180 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

June 14, 2019

Filing 197 Response in Opposition to Motion for Partial Summary Judgment on Jack in the Boxs third affirmative defense (Authorized Deductions) #179 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

June 14, 2019

Filing 196 Response in Opposition to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.140 #178 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

June 14, 2019

Filing 195 Response in Opposition to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.261 #177 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

June 14, 2019

Filing 194 Response in Opposition to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.025 #176 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

June 14, 2019

Filing 193 Response in Opposition to Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.615 #175 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

June 14, 2019

Filing 192 Response in Opposition to Motion for Partial Summary Judgment on the issue of prima facie liability on their franchise transfer claims #174 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

June 14, 2019

Filing 191 Response in Opposition to Motion for Partial Summary Judgment on the issue of prima facie liability on their shoe claims #173 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

June 14, 2019

Filing 190 Response in Opposition to Motion for Partial Summary Judgment on the issue of prima facie liability on their Workers' Benefit Fund claims #172 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

June 14, 2019

Filing 189 Reply In Support to Motion for Summary Judgment No. 5 - Quasi-Contract/Unjust Enrichment Claim Fails as a Matter of Law #165 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

June 14, 2019

Filing 188 Reply In Support to Motion for Summary Judgment No. 4 - Breach of Fiduciary Duty Tort Claims is Time-Barred #164 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

June 14, 2019

Filing 187 Reply In Support to Motion for Summary Judgment No. 3 - Remedies Related to Alleged Wrongful Deductions Are Limited #163 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

June 14, 2019

Filing 186 Reply In Support to Motion for Summary Judgment No. 2 - WBF Deduction Claims Barred by Tax Laws #162 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

June 14, 2019

Filing 185 Reply In Support to Motion for Summary Judgment No. 1 - Arbitration of Claims #161 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

May 29, 2019

Filing 184 Clerk's Notice of Docket Correction regarding #183 Exhibits,,,,,,,. The PDF attached to this entry at filing was incorrect. The document was missing a case caption cover page. A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties. (cw)

May 24, 2019

Filing 183 Exhibits 16-31 to Jon M. Egan Declaration [Dkt. 182] re Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.261 #177 , Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.025 #176 , Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.140 #178 , Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.615 #175 , Motion for Summary Judgment No. 4 - Breach of Fiduciary Duty Tort Claims is Time-Barred #164 , Motion for Summary Judgment No. 3 - Remedies Related to Alleged Wrongful Deductions Are Limited #163 , Response to Motion #168 , Response to Motion #167 , Motion for Partial Summary Judgment on the issue of prima facie liability on their Workers' Benefit Fund claims #172 , Motion for Partial Summary Judgment on Jack in the Boxs third affirmative defense (Authorized Deductions) #179 , Declaration,,,, #182 , Response to Motion, #169 , Motion for Summary Judgment No. 2 - WBF Deduction Claims Barred by Tax Laws #162 , Motion for Partial Summary Judgment on the issue of prima facie liability on their shoe claims #173 , Response to Motion, #170 , Motion for Partial Summary Judgment on Jack in the Boxs fourth affirmative defense (Benefit to Employees) #180 , Motion for Partial Summary Judgment on Jack in the Boxs fifth affirmative defense (Valid Deduction) #181 , Motion for Summary Judgment No. 5 - Quasi-Contract/Unjust Enrichment Claim Fails as a Matter of Law #165 , Response to Motion, #171 , Motion for Summary Judgment No. 1 - Arbitration of Claims #161 , Motion for Partial Summary Judgment on the issue of prima facie liability on their franchise transfer claims #174 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon) (Main Document 183 replaced on 5/29/2019) (cw).

May 24, 2019

Filing 182 Declaration of Jon M. Egan in support of plaintiffs motions for summary judgment and in opposition to defendants motions for summary judgment. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion for Partial Summary Judgment #177 , Motion for Partial Summary Judgment #176 , Motion for Partial Summary Judgment #178 , Motion for Partial Summary Judgment #175 , Motion for Summary Judgment #164 , Motion for Summary Judgment #163 , Response to Motion #168 , Response to Motion #167 , Motion for Partial Summary Judgment, #172 , Motion for Partial Summary Judgment #179 , Response to Motion, #169 , Motion for Summary Judgment #162 , Motion for Partial Summary Judgment #173 , Response to Motion, #170 , Motion for Partial Summary Judgment #180 , Motion for Partial Summary Judgment #181 , Motion for Summary Judgment #165 , Response to Motion, #171 , Motion for Summary Judgment #161 , Motion for Partial Summary Judgment #174 .) (Attachments: #1 Exhibit 1-15) (Egan, Jon)

May 24, 2019

Filing 181 Motion for Partial Summary Judgment on Jack in the Boxs fifth affirmative defense (Valid Deduction). Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

May 24, 2019

Filing 180 Motion for Partial Summary Judgment on Jack in the Boxs fourth affirmative defense (Benefit to Employees). Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

May 24, 2019

Filing 179 Motion for Partial Summary Judgment on Jack in the Boxs third affirmative defense (Authorized Deductions). Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

May 24, 2019

Filing 178 Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.140. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

May 24, 2019

Filing 177 Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.261. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

May 24, 2019

Filing 176 Motion for Partial Summary Judgment on the issue of damages under O.R.S. 653.025. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

May 24, 2019

Filing 175 Motion for Partial Summary Judgment on the issue of damages under O.R.S. 652.615. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

May 24, 2019

Filing 174 Motion for Partial Summary Judgment on the issue of prima facie liability on their franchise transfer claims. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

May 24, 2019

Filing 173 Motion for Partial Summary Judgment on the issue of prima facie liability on their shoe claims. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

May 24, 2019

Filing 172 Motion for Partial Summary Judgment on the issue of prima facie liability on their Workers' Benefit Fund claims. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

May 24, 2019

Filing 171 Response to Motion for Summary Judgment No. 5 - Quasi-Contract/Unjust Enrichment Claim Fails as a Matter of Law #165 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

May 24, 2019

Filing 170 Response to Motion for Summary Judgment No. 4 - Breach of Fiduciary Duty Tort Claims is Time-Barred #164 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

May 24, 2019

Filing 169 Response to Motion for Summary Judgment No. 3 - Remedies Related to Alleged Wrongful Deductions Are Limited #163 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

May 24, 2019

Filing 168 Response to Motion for Summary Judgment No. 2 - WBF Deduction Claims Barred by Tax Laws #162 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

May 24, 2019

Filing 167 Response to Motion for Summary Judgment No. 1 - Arbitration of Claims #161 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

May 3, 2019

Filing 166 Declaration of Jennifer Warberg In Support of Defendant's Motions for Summary Judgment. Filed by Jack In The Box Inc.. (Related document(s): Motion for Summary Judgment #162 , Motion for Summary Judgment #164 , Motion for Summary Judgment #163 , Motion for Summary Judgment #165 , Motion for Summary Judgment #161 .) (Attachments: #1 Exhibit A-D) (Warberg, Jennifer)

May 3, 2019

Filing 165 Motion for Summary Judgment No. 5 - Quasi-Contract/Unjust Enrichment Claim Fails as a Matter of Law. Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

May 3, 2019

Filing 164 Motion for Summary Judgment No. 4 - Breach of Fiduciary Duty Tort Claims is Time-Barred. Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

May 3, 2019

Filing 163 Motion for Summary Judgment No. 3 - Remedies Related to Alleged Wrongful Deductions Are Limited. Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

May 3, 2019

Filing 162 Motion for Summary Judgment No. 2 - WBF Deduction Claims Barred by Tax Laws. Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

May 3, 2019

Filing 161 Motion for Summary Judgment No. 1 - Arbitration of Claims. Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

May 3, 2019

Filing 160 ORDER by Judge Anna J. Brown The Court has received Defendant's Unopposed Motion (#159 ) for Leave to File Overlong Brief in which Defendant advises the Court that it intends to file five separate motions for full or partial summary judgment "with [a] combined supporting memorandum" and moves for leave to file an overlong brief. Local Rule 7-1(b) provides every motion must be separately stated and may not be combined. Local Rule 7-1(c) provides "[e]very motion must be supported by a legal memorandum. The legal memorandum must be combined in a single document with the motion." Thus, to the extent that Defendant files five separate motions, the Court DIRECTS Defendant to file an individual memorandum specific to and in support of each individual motion together with the motion the memorandum supports. Defendant is not permitted to file a single, combined memorandum to support five separate motions. The Court also advises the parties that no motion may be combined with any response or reply and responses and/or replies to motions must also be separately filed and the parties may not file combined responses and/or replies. The Court GRANTS Defendant's Motion (#159 ) for Leave to File Overlong Briefs to the extent that Defendant requires 40 pages for any individual memorandum supporting any individual motion. (jy)

May 2, 2019

Filing 159 Unopposed Motion to File Excess Pages . Expedited Hearing requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

April 19, 2019

Filing 158 Joint Concise Statement of Agreed Facts. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

April 15, 2019

Filing 157 Joint ADR Report . Filed by Jack In The Box Inc..(Warberg, Jennifer)

December 18, 2018

Filing 156 MINUTES of Proceedings: Scheduling Conference. Initial Expert Disclosures due February 14, 2019; Responsive Disclosures due March 14, 2019. All expert discovery is to be completed by March 29, 2019. The last date to file any formal discovery motion or to present an informal discovery dispute is March 19, 2019, and responses to such motions are due no later than seven (7) calendar days after the initiating motion is filed; no replies are permitted for discovery motions. Joint ADR report is due April 19, 2019. Joint statement of agreed facts is due April 19, 2019. Dispositive motions are due no later than May 3, 2019; Response to the initial dispositive motion and any Cross-motion on May 24, 2019; Response to Cross-Motion and Reply to initial Motion June 14, 2019; and Reply to Cross-Motion on July 5, 2019. Jon M. Egan present as counsel for plaintiff(s). Jennifer Neth Warberg present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Anna J. Brown presiding. (jy)

November 26, 2018

Filing 155 Scheduling Order by Judge Anna J. Brown. Scheduling Conference is set for 12/18/2018 at 3:00 PM in Portland Courtroom 14A before Judge Anna J. Brown. Ordered by Judge Anna J. Brown. (jy)

November 9, 2018

Filing 154 Joint Status Report . Filed by All Plaintiffs. (Egan, Jon)

October 29, 2018

Filing 153 ORDER. At the request of Plaintiffs' counsel, after exchanging pre-conference settlement offers with Defendant's counsel, canceling the settlement conference previously set for November 5, 2018, before Magistrate Judge Stacie F. Beckerman. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)

August 22, 2018

Filing 152 SETTLEMENT CONFERENCE ORDER. Settlement Conference is set for Monday, Nov. 5, 2018, in Magistrate Judge Stacie F. Beckerman's chambers, 9th floor of the Mark O. Hatfield U.S. Courthouse, 1000 S.W. Third Avenue, Portland, Oregon. Plaintiffs to arrive at 09:00 AM, Defendant at 09:30 AM. See attached instructions. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)

August 16, 2018

Filing 151 Scheduling Order by Judge Anna J. Brown. Due to the parties Settlement Conference being set for 11/5/18, the Court vacates all currently set case-management dates and directs the parties to file another Joint Status Report with newly proposed case-management dates no later than 11/9/18 unless the Court is notified that this matter has settled. (jy)

August 15, 2018

Filing 150 Joint Status Report (and request to reschedule pretrial deadlines to accommodate 11/5/18 judicial settlement conference with Judge Beckerman). Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

February 16, 2018

Filing 149 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on January 25, 2018, before Judge Anna J. Brown, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at [email protected] or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/23/2018. Redaction Request due 3/9/2018. Redacted Transcript Deadline set for 3/19/2018. Release of Transcript Restriction set for 5/17/2018. (jjcr)

February 15, 2018

Filing 148 Order by Judge Anna J. Brown. Expert witness disclosures due 10/15/18. Responsive expert disclosure due 11/15/18. Discovery motions due 11/1/18. Responses due 7 calendar days after motions; no replies. Close of post-certification merits discovery is 12/14/18 (with joint status updates due to the Court on 8/15/18, 10/15/18). Joint statement of agreed facts due re dispositive motions by 1/11/19. Dispositive motions due 1/25/19 (responses due 2/15/19, replies due 3/8/19). Cross-motions due 2/15/19 (responses due 3/8/19, replies due 3/22/19). See order for further details. (jy)

January 25, 2018

Filing 147 MINUTES of Proceedings: Motion Hearing Held regarding Plaintiff's Motion to Appoint Class Administrator and to Authorize Dissemination of Notion to Class Members #143 . The Court hears oral argument. The Motion is GRANTED IN PART. The parties are to submit a joint proposed order addressing the relief granted and proposing case-management dates by Noon on 2/9/18. Jon M. Egan present as counsel for plaintiff(s). Douglas S. Parker and Jennifer Neth Warberg present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Anna J. Brown presiding. (jy)

December 19, 2017

Filing 146 Scheduling Order by Judge Anna J. Brown regarding Motion Plaintiffs' motion to appoint class administrator and to authorize dissemination of notice to class members #143 . Oral Argument is set for 1/25/2018 at 2:00 PM in Portland Courtroom 14A before Judge Anna J. Brown. (jy)

October 15, 2017

Filing 145 Reply to Motion --- Plaintiffs motion to appoint class administrator and to authorize dissemination of notice to class members #143 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

October 2, 2017

Filing 144 Response in Opposition to Motion --- Plaintiffs motion to appoint class administrator and to authorize dissemination of notice to class members #143 . Filed by Jack In The Box Inc.. (Warberg, Jennifer)

September 18, 2017

Filing 143 Motion --- Plaintiffs motion to appoint class administrator and to authorize dissemination of notice to class members. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

August 16, 2017

Filing 142 MINUTES of Proceedings: The Court held a scheduling conference and set the following deadlines: Motion for approval of a proposed class action plan must be filed by September 18, 2017. Response to the Motion is due October 2, 2017. Reply is due October 16, 2017. The 60-day opt-out period begins January 16, 2018, and closes March 16, 2018. Parties must file Joint Status Reports on May 16, 2018, and July 16, 2018. Disclosures of any expert witnesses must be made by July 16, 2018. Any responsive expert disclosures are due August 18, 2018. Discovery Motions must be filed by August 1, 2018. Responses are due August 8, 2018. No replies are permitted. Discovery closes September 12, 2018. The parties must file a Joint Statement of Agreed Facts by October 15, 2018. One party's dispositive Motions are due October 29, 2018. A Response to the dispositive Motions and any Cross-Motion for Summary Judgment are due November 12, 2018. A Reply to the Dispositive Motion and a Response to the Cross-Motion are due December 3, 2018. A Reply to the Cross-Motion is due December 17, 2018.The Court will review the dispositive Motions and determine whether oral argument would be helpful. Jon M. Egan present as counsel for plaintiff(s). Douglas S. Parker and Jennifer Neth Warberg present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (jy)

July 17, 2017

Filing 141 Scheduling Order by Judge Anna J. Brown. The Court schedules a Status Conference for 8/16/2017 at 10:00 AM in Portland by telephone before Judge Anna J. Brown. (jy)

July 7, 2017

Filing 140 Joint Status Report . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

June 12, 2017

Filing 139 Opinion and Order: The Court GRANTS in part and DENIES in part Plaintiffs' Motion for Rule 23(b)(3) Class Certification. The Court DIRECTS the parties to confer and to file no later than 7/10/17, a Joint Status Report jointly proposing a case-management schedule to advance this case to ultimate resolution. The Court will set a status conference with the parties after receiving and reviewing the Joint Status Report. Signed on 06/12/2017 by Judge Anna J. Brown. See attached 46 page Opinion and Order. (bb)

April 18, 2017

Filing 138 Reply to Motion to Certify the Class --- Plaintiffs Motion for Rule 23(b)(3) Class Certification #126 Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

April 3, 2017

Filing 137 Declaration of Jim Stubblefield . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)

April 3, 2017

Filing 136 Declaration of Charles Rios . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)

April 3, 2017

Filing 135 Declaration of Vincent O'Rourke III . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)

April 3, 2017

Filing 134 Declaration of Ryan Leach . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)

April 3, 2017

Filing 133 Declaration of Patty Jones . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)

April 3, 2017

Filing 132 Declaration of David Horning . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)

April 3, 2017

Filing 131 Declaration of Heather Evenson . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)

April 3, 2017

Filing 130 Declaration of Jennifer Barker . Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Warberg, Jennifer)

April 3, 2017

Filing 129 Declaration of Douglas S. Parker In Support of Defendant's Opposition to Plaintiffs' Motion for Rule 23(b)(3) Class Certification. Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #128 .) (Attachments: #1 Exhibit A - E, #2 Exhibit F - O, #3 Exhibit P - BB) (Warberg, Jennifer)

April 3, 2017

Filing 128 Response in Opposition to Motion to Certify the Class --- Plaintiffs Motion for Rule 23(b)(3) Class Certification #126 Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

March 5, 2017

Filing 127 Declaration of Jason Diaz in Support of Plaintiffs' Motion for Rule 23(b)(3) Class Certification.. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to certify class #126 .) (Egan, Jon)

March 2, 2017

Filing 126 Motion to Certify the Class --- Plaintiffs Motion for Rule 23(b)(3) Class Certification. Oral Argument requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

March 2, 2017

Filing 125 ORDER by Judge Anna J. Brown. Granting Plaintiff's Unopposed Motion to File Excess Pages #113 . (rrr)

March 1, 2017

Filing 124 Exhibits 30-49 re Declaration, #119 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

March 1, 2017

Filing 123 Exhibits 16-29 re Declaration, #119 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

March 1, 2017

Filing 122 Exhibits 9-15 re Declaration, #119 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

March 1, 2017

Filing 121 Exhibits 8 re Declaration, #119 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

March 1, 2017

Filing 120 Exhibits 1-7 re Declaration, #119 . Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Egan, Jon)

March 1, 2017

Filing 119 Declaration of Jon M. Egan in Support of Plaintiffs' Motion for Rule 23(b)(3) Class Certification. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to File Excess Pages, #113 .) (Egan, Jon)

March 1, 2017

Filing 118 Declaration of Christina Mauldin in Support of Plaintiffs' Motion for Rule 23(b)(3) Class Certification. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to File Excess Pages, #113 .) (Egan, Jon)

March 1, 2017

Filing 117 Declaration of Tricia Tetrault in Support of Plaintiffs' Motion for Rule 23(b)(3) Class Certification. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to File Excess Pages, #113 .) (Egan, Jon)

March 1, 2017

Filing 116 Declaration of Nicole Gessele in Support of Plaintiffs' Motion for Rule 23(b)(3) Class Certification. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to File Excess Pages, #113 .) (Egan, Jon)

March 1, 2017

Filing 115 Declaration of Ashley Ortiz in Support of Plaintiffs' Motion for Rule 23(b)(3) Class Certification. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to File Excess Pages, #113 .) (Egan, Jon)

March 1, 2017

Filing 114 Declaration of Jessica Gessele in Support of Plaintiffs' Motion for Rule 23(b)(3) Class Certification. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Related document(s): Motion to File Excess Pages, #113 .) (Egan, Jon)

March 1, 2017

Filing 113 Unopposed Motion to File Excess Pages (Plaintiffs' Motion for Rule 23(b)(3) Class Certification). Expedited Hearing requested. Filed by Jessica Gessele, Nicole Gessele, Christina Mauldin, Ashley Ortiz, Tricia Tetrault. (Attachments: #1 Proposed Document) (Egan, Jon)

February 2, 2017

Filing 112 MINUTES of Proceeding: On February 2, 2017, the Court held a status conference on the parties' Joint Status Report #110 . The Court sets the following deadlines: Plaintiffs' Motion to Certify Rule 23(b)(3) Classes are due March 3, 2017, Defendant's Response is due April 3, 2017; and Plaintiffs' Reply is due April 18, 2017. The Court will take the matter under advisement on April 18, 2017. After conferral of counsel, Defendant may file additional dispositive motions on the merits but must do so on the same schedule as the schedule set for the Motion to Certify Class. Jon Egan present as counsel for plaintiff(s). Douglas S. Parker, Jennifer Neth Warberg present as counsel for defendant(s). Court Reporter: Amanda LeGore. (rrr)

January 25, 2017

Filing 111 Order by Judge Anna J. Brown. Status Conference is set for 2/2/2017 at 03:00 PM in Portland Courtroom 14A before Judge Anna J. Brown. (rrr)

January 23, 2017

Filing 110 Joint Status Report . Filed by All Plaintiffs. (Egan, Jon)

January 18, 2017

Filing 109 Order by Judge Anna J. Brown. At the request of the parties via email, the Court extends the Joint Status Report due date from 1/17/2017 to 1/23/2017. (bb)

December 13, 2016

Filing 108 OPINION and ORDER: The Court Grants in Part and Denies in Part Motion for Partial Summary Judgment #95 as stated in attached Opinion and Order. The Court DIRECTS the parties to confer and to file no later than January 17, 2017, a Joint Status Report identifying the claims and Plaintiffs that remain in this matter and specifying a jointly proposed case-management schedule to advance this case to ultimate resolution. The Court will set a status conference with the parties after receiving and reviewing the Joint Status Report. Signed on 12-13-2016 by Judge Anna J. Brown. See attached 57 page Opinion and Order for full text. (bb)

November 30, 2016

Filing 107 ORDER by Judge Anna J. Brown. The Court has reviewed Defendant's Motion #104 for Leave to File Supplemental Authority and Plaintiffs' Response. The Court finds Plaintiffs have not established they would suffer any prejudice from the Court's review of the case that Defendant asks the Court to consider, Richardson v. Wells Fargo Bank, N.A, 839 F.3d 442 (5th Cir. 2016). Accordingly, the Court GRANTS Defendant's Motion and will consider Richardson in its analysis of Defendant's Motion for Summary Judgment. (bb)

October 31, 2016

Filing 106 Reply In support of to Motion for Leave to File Supplemental Authority #104 . Filed by Jack In The Box Inc.. (Warberg, Jennifer)

October 28, 2016

Filing 105 Response to Motion for Leave to File Supplemental Authority #104 . Filed by All Plaintiffs. (Egan, Jon)

October 19, 2016

Filing 104 Motion for Leave to File Supplemental Authority. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

October 13, 2016

Filing 103 Supplemental Declaration of Jennifer N. Warberg In Support of Defendant's Motion for Partial Summary Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #95 .) (Parker, Douglas)

October 13, 2016

Filing 102 Declaration of Susan Pettijohn In Support of Defendant's Motion for Partial Summary Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #95 .) (Parker, Douglas)

October 13, 2016

Filing 101 Reply In support of to Motion for Partial Summary Judgment #95 . Filed by Jack In The Box Inc.. (Parker, Douglas)

September 27, 2016

Filing 100 Response to Motion for Partial Summary Judgment #95 Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)

September 27, 2016

Filing 99 ORDER by Judge Anna J. Brown. The Court has reviewed Plaintiff's Unopposed Motion #97 to File Excess Pages. The Court finds Plaintiff's request is reasonable in light of the complex nature of this matter. Accordingly, the Court GRANTS Plaintiff's Motion. (bb)

September 26, 2016

Filing 98 Declaration of Jon M. Egan in opposition to Jack in the Box's motions for partial summary judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Motion to File Excess Pages #97 , Motion for Partial Summary Judgment #95 .) (Egan, Jon)

September 26, 2016

Filing 97 Unopposed Motion to File Excess Pages --- Plaintiffs' Response re Motion for Partial Summary Judgment #95 . Filed by All Plaintiffs. (Attachments: #1 Proposed Document) (Egan, Jon)

September 1, 2016

Filing 96 Declaration of Jennifer N. Warberg in Support of Defendant's Motions for Partial Summary Judgment. Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #95 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Warberg, Jennifer)

September 1, 2016

Filing 95 Motion for Partial Summary Judgment . Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

September 1, 2016

Filing 94 ORDER by Judge Anna J. Brown. Granting Defendant's Unopposed Motion #93 for Leave to File Overlong Brief. Motion and supporting memoranda must not exceed 45 pages. (bb)

August 30, 2016

Filing 93 Unopposed Motion for Leave to File Overlength Brief. Expedited Hearing requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

August 19, 2016

Filing 92 Joint Status Report Joint Statement of Agreed Facts. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

July 1, 2016

Filing 91 Order by Judge Anna J. Brown. The Court GRANTS Defendant leave to file dispositive motions no later than September 1, 2016 as indicated in the attached Order.. Joint Statement of Agreed Facts due 08/19/2016 and discovery is permitted per Order. See attached Order. (bb)

June 9, 2016

Filing 90 Notice of Removal of Attorney Filed by Jack In The Box Inc. (Parker, Douglas)

May 6, 2016

Filing 89 Joint Status Report . Filed by All Plaintiffs. (Egan, Jon)

April 15, 2016

Filing 88 Case Management Order by Judge Anna J. Brown. Accordingly, the Court DIRECTS counsel for Plaintiffs and Defendant to confer in person and to file no later than May 6, 2016, a joint statement. See order for full text. Ordered by Judge Anna J. Brown. (dls)

March 24, 2016

Filing 87 Joint Status Report: Statements of Remaining Claims and Proposed Case Management Schedule. Filed by Jack In The Box Inc.. (Attachments: #1 Exhibit Exhibit A) (Warberg, Jennifer) Modified on 5/5/2016 correcting title of pleading (bb).

March 11, 2016

Filing 86 Order by Judge Anna J. Brown. The Court directs the parties to file a Joint Statement of the Remaining Claims and a jointly proposed case-management schedule no later than 3/24/2016. (bb)

March 10, 2016

Filing 85 Opinion and Order. The Court GRANTS Defendants Motion #27 for Partial Summary Judgment and DENIES Plaintiffs Motion #32 for Partial Summary Judgment (Statute of Limitations) and to Establish Tolling. The Court GRANTS in part and DENIES in part Plaintiff's Motion #33 for Partial Summary Judgment. See attached 53 page Opinion and Order for full text. Signed on 03/10/2016 by Judge Anna J. Brown. (bb)

February 29, 2016

Filing 84 Joint Status Report Statements Re: "New" Claims and Proposed Case-Management Schedule. Filed by Jack In The Box Inc.. (Attachments: #1 Exhibit A) (Parker, Douglas)

February 19, 2016

Filing 83 ORDER by Judge Anna J. Brown. The Court has made a procedural review of Plaintiffs Motion #46 to Compel Discovery from Jack in the Box; the Motion #51 to Quash of Non-Parties VR, Inc. and VPS, Inc.; Plaintiffs' Motion #48 to Compel Discovery from Subpoenaed Franchisees (Constellation Group, Inc.; FEAST Foods, LLC; Northwest Group, Inc.; VPS Inc.; and VR., Inc.); Plaintiffs' Motion #76 to Certify the Class; and Defendant's Motion #77 for Stay of Briefing on Plaintiff's Motion to Certify.In light of the pending Cross-Motions for Summary Judgment in this matter as well as the motions still-to-be-filed regarding the franchisees' joint-employer status, the CourtDENIES with leave to renew Plaintiffs' Motion #46 to Compel Discovery from Jack in the Box and Plaintiffs' Motion #48 to Compel Discovery from Subpoenaed Franchisees (Constellation Group, Inc.; FEAST Foods, LLC; Northwest Group, Inc.; VPS Inc.; and VR., Inc.). Plaintiffs may seek leave to renew those Motions after the Court has issued rulings on the pending Motions for Summary Judgment as well as the still-to-be-filed motions regarding the franchisees' status as joint employers and after updated conferral on such issues. The Court Denies as Mootthe Motion #51 to Quash of Non-Parties VR, Inc. and VPS, Inc. In addition, the CourtDENIESPlaintiffs' Motion #76 to Certify the Class with leave to renew the Motion to Certify after the Court has issued rulings on the pending Motions for Summary Judgment as well as the still-to-be- filed motions regarding the franchisees' status as joint employers. Accordingly, the CourtDENIES as mootDefendant's Motion #77 for Stay of Briefing on Plaintiff's Motion to Certify. The parties updated proposed jointly-proposed case management schedule remainsdueFebruary 29, 2016. (bb)

February 16, 2016

Filing 82 MINUTES of Proceedings: Oral Argument on Motions for Partial Summary Judgment #27 , #32 , and #33 . Joint Statement of claims and proposed case-management schedule due no later than 02/29/2016. Motion Hearing Held. Jon Egan present as counsel for plaintiff(s). Douglas Parker, Jennifer Warberg present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Anna J. Brown presiding. (bb) Modified on 2/26/2016 (jjcr).

January 26, 2016

Filing 81 Response in Opposition to Motion for Stay of Briefing on Plaintiff's Motion to Certify [Dtk #76] - Expedited Consideration Requested #77 . Filed by All Plaintiffs. (Egan, Jon)

January 26, 2016

Filing 80 ORDER by Judge Anna J. Brown. The Court has received and reviewed Defendant's Motion #63 for Reconsideration and/or Request for Status Conference. The Court DENIES Defendant's Motion for Reconsideration on the ground that the remainder of the parties' Motions for Summary Judgment are pending and set for oral argument on February 16, 2016. The Court intends to resolve the remainder of the pending Motions for Summary Judgment before considering or reconsidering any further Motions in this matter with the exception of Defendant's Motion #77 to Stay Briefing on Plaintiffs' Motion to Certify. The response to the Motion to Stay remains due on 1/28/16 (no reply permitted), and argument regarding the Motion to Stay will also be heard on February 16, 2016. In addition, to the extent that Defendant's Request #63 for Status Conference seeks such a conference before the February 16, 2016, oral argument on the remaining Motions for Summary Judgment, the Court DENIES that request. After the Court resolves the remaining pending Motions for Summary Judgment, the Court will have a full Rule 16 Conference with the parties. (bb)

January 25, 2016

Filing 79 Scheduling Order by Judge Anna J. Brown. Oral Argument is SET for 2/16/2016 at 01:30 PM in Portland Courtroom 14A before Judge Anna J. Brown on the issues that remain pending in Motions #27 , #32 , and #33 after the December 22, 2015, Order. (bb)

January 25, 2016

Filing 78 Order by Judge Anna J. Brown. Plaintiff's response to Defendant's Motion #77 to Stay Briefing on Plaintiffs' Motion to Certify #76 is due 1/28/16. The Court will take Defendant's Motion #77 under advisement on 1/28/16. (bb)

January 22, 2016

Filing 77 Motion for Stay of Briefing on Plaintiff's Motion to Certify [Dtk #76] - Expedited Consideration Requested. Expedited Hearing requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

January 20, 2016

Filing 76 Motion to Certify the Class --- Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)

January 20, 2016

Filing 75 ORDER: Granting Unopposed Motion to File Excess Pages #67 --- Overlong Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Plaintiffs to file their overlong brief in support no later than 1/21/2016. Counsel to submit the Court's copy of the pleading (single-sided) in a three ring binder, tabbed, an index in the front and a label down the outside spine of the binder. (bb)

January 19, 2016

Filing 74 Declaration of Jason Diaz in Support of Plaintiffs' Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Related document(s): Declaration, #69 , Declaration, #71 , Declaration, #73 , Declaration, #68 , Declaration, #72 , Motion to File Excess Pages #67 , Declaration, #70 .) (Egan, Jon)

January 19, 2016

Filing 73 Declaration of Christina Mauldin in Support of Plaintiffs' Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Related document(s): Declaration, #69 , Declaration, #71 , Declaration, #68 , Declaration, #72 , Motion to File Excess Pages #67 , Declaration, #70 .) (Egan, Jon)

January 19, 2016

Filing 72 Declaration of Tricia Tetrault in Support of Plaintiffs' Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Related document(s): Declaration, #69 , Declaration, #71 , Declaration, #68 , Motion to File Excess Pages #67 , Declaration, #70 .) (Egan, Jon)

January 19, 2016

Filing 71 Declaration of Nicole Gessele in Support of Plaintiffs' Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Related document(s): Declaration, #69 , Declaration, #68 , Motion to File Excess Pages #67 , Declaration, #70 .) (Egan, Jon)

January 19, 2016

Filing 70 Declaration of Ashley Ortiz in Support of Plaintiffs' Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Related document(s): Declaration, #69 , Declaration, #68 , Motion to File Excess Pages #67 .) (Egan, Jon)

January 19, 2016

Filing 69 Declaration of Jessica Gessele in Support of Plaintiffs' Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Related document(s): Declaration, #68 , Motion to File Excess Pages #67 .) (Egan, Jon)

January 19, 2016

Filing 68 Declaration of Jon M. Egan in Support of Plaintiffs' Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Related document(s): Motion to File Excess Pages #67 .) (Attachments: #1 Exhibits 1-15, #2 Exhibits 16-48) (Egan, Jon)

January 19, 2016

Filing 67 Unopposed Motion to File Excess Pages --- Overlong Motion to Certify Rule 23(b)(3) Classes and FLSA 216(b) Collectives. Filed by All Plaintiffs. (Attachments: #1 Proposed Document) (Egan, Jon)

December 31, 2015

Filing 66 Response in Opposition to Motion for Reconsideration of Order, #62 #63 . Filed by All Plaintiffs. (Egan, Jon)

December 28, 2015

Filing 65 Order by Judge Anna J. Brown. The Court acknowledges receipt of Defendant's Motion #63 for Reconsideration and/or Request for Status Conference. Plaintiffs' response is due 1/11/16. No reply will be permitted. The Court will take the Motion under advisement on 1/11/16. (bb)

December 24, 2015

Filing 64 Declaration of Jennifer N. Warberg in Support of Defendant's Motion for Reconsideration. Filed by Jack In The Box Inc.. (Related document(s): Motion for Reconsideration #63 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Warberg, Jennifer)

December 24, 2015

Filing 63 Motion for Reconsideration of Order, #62 . Oral Argument requested. Filed by Jack In The Box Inc.. (Warberg, Jennifer)

December 22, 2015

Filing 62 Order. The Court DENIES as premature portions of Defendant's Motion #27 for Partial Summary Judgment and Plaintiffs Motion #32 for Partial Summary Judgment consistent with the attached Order. The Court will set oral argument on the remaining issues in the parties' pending Motions. Signed on 12/22/2015 by Judge Anna J. Brown. (bb)

December 7, 2015

Filing 61 Declaration of Jennifer N. Warberg In Support of Oppositions to Plaintiffs' Motions to Compel and In Support of Motion to Quash Subpoena. Filed by Jack In The Box Inc.. (Related document(s): Response in Opposition to Motion #60 , Response in Opposition to Motion #59 .) (Parker, Douglas)

December 7, 2015

Filing 60 Response in Opposition to Motion to Compel Discovery from Subpoenaed Franchisees (Constellation Group, Inc.; FEAST Foods, LLC; Northwest Group, Inc.; VPS Inc.; and V.R., Inc.) #48 . Filed by Jack In The Box Inc.. (Parker, Douglas)

December 7, 2015

Filing 59 Response in Opposition to Motion to Compel Discovery from Jack in the Box #46 . Filed by Jack In The Box Inc.. (Parker, Douglas)

December 7, 2015

Filing 58 Declaration of Christopher E. Hawk in Support of FEAST Foods, LLC's Response to Plaintiffs' Motion to Compel Discovery. Filed by FEAST Foods, LLC. (Related document(s): Response to Discovery Motion #57 .) (Hawk, Christopher)

December 7, 2015

Filing 57 Response to Motion to Compel Discovery from Subpoenaed Franchisees (Constellation Group, Inc.; FEAST Foods, LLC; Northwest Group, Inc.; VPS Inc.; and V.R., Inc.) #48 . Filed by FEAST Foods, LLC. (Hawk, Christopher)

December 7, 2015

Filing 56 Declaration of Christopher E. Hawk in Support of Northwest Group, Inc.'s Response to Plaintiffs' Motion to Compel Discovery. Filed by Northwest Group, Inc.. (Related document(s): Response to Discovery Motion #55 .) (Hawk, Christopher)

December 7, 2015

Filing 55 Response to Motion to Compel Discovery from Subpoenaed Franchisees (Constellation Group, Inc.; FEAST Foods, LLC; Northwest Group, Inc.; VPS Inc.; and V.R., Inc.) #48 . Filed by Northwest Group, Inc.. (Hawk, Christopher)

December 6, 2015

Filing 54 Response in Opposition to Motion to Quash #51 Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)

November 25, 2015

Filing 53 Order by Judge Anna J. Brown. Plaintiff's response to the Motion #51 to Quash Subpoena filed by VR, Inc. and VPS, Inc. is due 12/07/15. No reply will be permitted. (bb)

November 24, 2015

Filing 52 Memorandum in Support . Filed by VPS Inc., VR Inc.. (Related document(s): Motion to Quash #51 .) (Pauck, Thaddeus)

November 24, 2015

Filing 51 Motion to Quash . Oral Argument requested. Filed by VR Inc., VPS Inc.. (Pauck, Thaddeus)

November 24, 2015

Filing 50 Order by Judge Anna J. Brown. Defendant's response to Plaintiffs' Motion to Compel Discovery #46 is due no later than 12/7/0215; Franchisees' response to Plaintiffs' Motion to Compel Discovery from Subpoenaed Franchisees #48 are 12/7/2015. Plaintiffs to serve Franchisees with a copy of this Order. (bb)

November 23, 2015

Filing 49 Declaration of Jon M. Egan in Support of Plaintiffs' Motion to Compel Discovery from Subpoenaed Franchisees. Filed by All Plaintiffs. (Related document(s): Motion to compel #48 .) (Egan, Jon)

November 23, 2015

Filing 48 Motion to Compel Discovery from Subpoenaed Franchisees (Constellation Group, Inc.; FEAST Foods, LLC; Northwest Group, Inc.; VPS Inc.; and V.R., Inc.). Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)

November 23, 2015

Filing 47 Declaration of Jon M. Egan in Support of Plaintiffs' Motion to Compel Discovery from Jack in the Box. Filed by All Plaintiffs. (Related document(s): Motion to compel #46 .) (Egan, Jon)

November 23, 2015

Filing 46 Motion to Compel Discovery from Jack in the Box. Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)

November 19, 2015

Filing 45 Notice --- Plaintiffs' Pre- and Post-Certification Discovery Plan Filed by All Plaintiffs (Egan, Jon)

November 14, 2015

Filing 44 Consent to Join Law Suit ---Confirmation of Consent to Join by all named plaintiffs. Filed by All Plaintiffs. (Egan, Jon)

October 20, 2015

Filing 43 Stipulated Protective Order. Signed on 10/20/2015 by Judge Anna J. Brown. (bb)

October 19, 2015

Filing 42 Stipulated Proposed Form of Order Submitted ---Stipulated Protective Order. Filed by All Plaintiffs. (Egan, Jon)

October 5, 2015

Filing 41 Supplemental Declaration of Jennifer Warberg In Support of Defendant's Motions for Partial Summary Judgment. Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #27 .) (Parker, Douglas)

October 5, 2015

Filing 40 Reply to Motion for Partial Summary Judgment #27 . Filed by Jack In The Box Inc.. (Parker, Douglas)

October 4, 2015

Filing 39 Reply to Motion for Partial Summary Judgment on Jack in the Box's 8th (Private Right Of Action), 9th (Due Process) and 12th (Preemption) Affirmative Defenses #33 . Filed by All Plaintiffs. (Egan, Jon)

October 4, 2015

Filing 38 Reply to Motion for Partial Summary Judgment (Statute of Limitations) and to Establish Tolling for FLSA Collective Members #32 . Filed by All Plaintiffs. (Egan, Jon)

September 17, 2015

Filing 37 Declaration of Jon M. Egan per Fed.R.Civ.P. 56(d) in opposition to Jack in the Box's motion for partial summary judgment. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #36 , Motion for Partial Summary Judgment #27 , Motion for Partial Summary Judgment #32 .) (Egan, Jon)

September 17, 2015

Filing 36 Response in Opposition to Motion for Partial Summary Judgment #27 , Motion for Partial Summary Judgment (Statute of Limitations) and to Establish Tolling for FLSA Collective Members #32 Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)

September 17, 2015

Filing 35 Response in Opposition to Motion for Partial Summary Judgment (Statute of Limitations) and to Establish Tolling for FLSA Collective Members #32 . Filed by Jack In The Box Inc.. (Warberg, Jennifer)

September 17, 2015

Filing 34 Response in Opposition to Motion for Partial Summary Judgment on Jack in the Box's 8th (Private Right Of Action), 9th (Due Process) and 12th (Preemption) Affirmative Defenses #33 . Filed by Jack In The Box Inc.. (Warberg, Jennifer)

August 31, 2015

Filing 33 Motion for Partial Summary Judgment on Jack in the Box's 8th (Private Right Of Action), 9th (Due Process) and 12th (Preemption) Affirmative Defenses. Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)

August 31, 2015

Filing 32 Motion for Partial Summary Judgment (Statute of Limitations) and to Establish Tolling for FLSA Collective Members. Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)

August 31, 2015

Filing 31 Declaration of Jennifer N. Warberg In Support of Defendant's Motion for Partial Summary Judgment. Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #27 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Parker, Douglas)

August 31, 2015

Filing 30 Declaration of Connie Rand In Support of Defendant's Motion for Partial Summary Judgment. Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #27 .) (Attachments: #1 Exhibit A) (Parker, Douglas)

August 31, 2015

Filing 29 Declaration of Wade Cook In Support of Defendant's Motion for Partial Summary Judgment. Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #27 .) (Parker, Douglas)

August 31, 2015

Filing 28 Declaration of Wendy Sanderlin In Support of Defendant's Motion for Partial Summary Judgment. Filed by Jack In The Box Inc.. (Related document(s): Motion for Partial Summary Judgment #27 .) (Parker, Douglas)

August 31, 2015

Filing 27 Motion for Partial Summary Judgment . Oral Argument requested. Filed by Jack In The Box Inc.. (Parker, Douglas)

August 31, 2015

Filing 26 Notice Defendant's Discovery Plan Filed by Jack In The Box Inc. (Parker, Douglas)

July 17, 2015

Filing 25 ORDER: The Court acknowledges receipt of the parties' Joint Proposed Case-Management Schedule #24 . The Court sets the following deadlines: Motions on Pleadings (or that impact size/duration of class) are due 8/31/15, responses due 9/17/15, and replies due 10/4/15. Plan for both pre-certification and post-certification discovery due 8/31/15.Motions to Compel re pre-certification discovery due 11/23/15, and responses due 11/30/15. All pre-certification discovery to be completed by 12/14/15. Motions related to Rule 23 Class or FLSA Certification due 1/19/16, responses due 2/5/16, and replies due 2/22/16. Motion for Class/Collective Notices (if class certified) due 4/20/16 (the timing of this Motion is dependent on the timing of the completed briefing and the ruling on the 1/19/16 certification motion). Future case-management dates will be set after completion of the above. Ordered by Judge Anna J. Brown. (mr)

July 7, 2015

Filing 24 Joint Proposed Joint Case Management Schedule . Filed by All Plaintiffs. (Egan, Jon)

July 2, 2015

Filing 23 Order by Judge Anna J. Brown. Management Schedule specific to proceeding forward, motions and dates to get case to resolution is now due no later than 07/08/2015. Court will review and either issue a Scheduling Order or schedule another conference. (bb)

June 24, 2015

Filing 22 MINUTES of Proceedings: Scheduling Conference held regarding Mandate. Joint Case-Management Schedule specific to proceeding forward, motions and dates to get case to resolution is due no later than 07/01/2015. Court will review and either issue a Scheduling Order or schedule another conference. Jon Egan present as counsel for plaintiff(s). Doug Parker, Jennifer Warberg present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb)

June 19, 2015

Filing 21 Proposed Joint Case Management Schedule . Filed by Jack In The Box Inc.. (Warberg, Jennifer)

June 17, 2015

Filing 20 Scheduling Order by Judge Anna J. Brown. Telephonic Scheduling Conference is SET for 6/24/2015 at 01:30 PM before Judge Anna J. Brown. Parties to email the courtroom deputy with their contact information. (bb)

June 16, 2015

Filing 19 Order by Judge Anna J. Brown. The Court directs the parties to file a joint case-management proposal no later than 6/19/15 identifying any initial motions they anticipate and identifying any discovery or other proceedings they believe are necessary together with deadlines. The Court directs the courtroom deputy to schedule a conference. (bb)

June 11, 2015

Filing 18 MANDATE of USCA for the 9th Circuit, USCA # 15-35262, re Notice of Appeal 15 . The decision of the District Court is REVERSED and REMANDED. (Attachments: #1 5/19/15 Memorandum) (dsg)

April 22, 2015

Filing 17 Transcript Designation and Order Form for the hearing held on N/A before Judge N/A. Court Reporter: N/A. Tape Number: N/A. Not Designating any Portion of Transcript. Filed by Jack In The Box Inc.. Transcript is due by 5/26/2015. (Parker, Douglas)

April 14, 2015

Filing 16 Notice Regarding Reporter's Transcript Filed by Jack In The Box Inc. (Warberg, Jennifer)

April 7, 2015

Filing 15 ORDER BY THE 9TH CIRCUIT COURT OF APPEALS GRANTING PERMISSION TO APPEAL: Filed order in case no. 14-80155 on 4-6-2015: The petition for permission to appeal pursuant to 28 U.S.C. 1453(c) is granted. See Coleman v. Estes Express Lines, Inc., 627 F.3d 1096, 1100 (9th Cir. 2010) (per curiam). Within 7 days after the filing date of this order, petitioner shall perfect the appeal pursuant to Federal Rule of Appellate Procedure 5(d). Pursuant to 28 U.S.C. 1453(c)(2), the court shall complete all action on this appeal, including rendering judgment, not later than 60 days after the date on which the appeal was filed. See also Bush v. Cheaptickets, Inc., 425 F.3d 683, 685 (9th Cir. 2005) (stating that 60-day time period begins to run when the court accepts the appeal). The parties shall submit, via electronic filing, simultaneous briefs and excerpts of record within 10 days after the filing date of this order. No reply briefs will be accepted. Also, within 10 days after the filing date of this order, by 5:00 p.m. (Pacific time), the parties shall submit to the Clerks Office in San Francisco 10 copies of the briefs and 4 copies of the excerpts of record in paper format, accompanied by certification that the briefs are identical to the versions submitted electronically. Any motion to extend time to file the briefs shall strictly comply with the requirements set forth in 28 U.S.C. 1453(c)(3). The Clerk shall calendar this case during the week of May 4, 2015 in Portland, Oregon. (eo)

April 7, 2015

USCA Case Number and Notice confirming Docketing Record on Appeal re Order Granting Permission to Appeal (# 15 ). Case Appealed to 9th Circuit Court of Appeals. Case Number 15-35262 assigned. (eo)

April 7, 2015

Filing fee in amount of $ 505.00 collected; Receipt No. 61743 issued. (msk)

November 6, 2014

Filing 14 Order by Judge Anna J. Brown. The Court has reviewed the parties' Joint Status Report #13 and Defendant's Motion #12 for Stay of All Proceedings Pending Outcome of Appeal under 28 U.S.C. 1453. Although Defendant's appeal is styled as being premised on the Class Action Fairness Act (CAFA), 28 U.S.C. 1453, the Court notes Defendant did not actually litigate CAFA jurisdiction in the remand proceeding other than to make a singular, conclusory reference to CAFA in its opposition to Plaintiff's Motion to Remand (#9, p. 4). Accordingly, the Court did not base its remand Order #11 on the absence of CAFA jurisdiction, and, as a result, it does not appear to the Court that such Order is appealable pursuant to 1453. Nevertheless, in the exercise of its discretion and in an abundance of caution, the Court GRANTS Defendant's Motion #12 for Stay and stays this matter pending the Ninth Circuit's decision on Defendant's requested interlocutory appeal. Pursuant to the stay, all of Plaintiff Diaz's claims (federal and state) will remain in this Court and any limitations period as to those claims is also stayed pending the Ninth Circuit's decision on Defendant's interlocutory appeal. (bb)

October 31, 2014

Filing 13 Joint Status Report on Parties' Positions re Claims of Jason Diaz by All Plaintiffs. Filed by All Plaintiffs. (Egan, Jon)

October 29, 2014

Filing 12 Motion for Stay of All Proceedings Pending Outcome of Appeal Under 28 U.S.C. 1453 - Expedited Consideration Requested. Filed by Jack In The Box Inc.. (Attachments: #1 Exhibit 1) (Parker, Douglas)

October 17, 2014

Filing 11 Opinion and Order: The Court GRANTS in part and DENIES in part Plaintiffs' Amended Motion #8 to Remand Case to State Court. The Court:(1) GRANTS Plaintiffs' Amended Motion as to the FLSA claims of Jessica Gessele, Ashley Ortiz, Nicole Gessele, Tricia Tetrault, and Christina Mauldin, and(2) DENIES Plaintiffs' Amended Motion as to Diaz's FLSA claims. As noted, the Court has not decided Plaintiffs' Motion as it relates to Plaintiff Diaz's state-law claims and will make a ruling on that issue after considering the parties' October 31,2014, joint submission. Once that question is resolved, theCourt will issue a remand order. Signed on 10/17/2014 by Judge Anna J. Brown. See attached 17 page Opinion and Order for full text. (bb)

September 2, 2014

Filing 10 Reply to Amended Motion to Remand Case to State Court (per Court request) #8 , Motion to Remand Case to State Court #7 Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)

August 18, 2014

Filing 9 Response in Opposition to Amended Motion to Remand Case to State Court (per Court request) #8 . Filed by Jack In The Box Inc.. (Parker, Douglas)

August 8, 2014

Filing 8 Amended Motion to Remand Case to State Court (per Court request). Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)

August 1, 2014

Filing 7 Motion to Remand Case to State Court. Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon)

July 17, 2014

Filing 6 Notice Errata to Defendant's Notice of Removal Filed by Jack In The Box Inc. (Parker, Douglas)

July 16, 2014

Filing 5 Answer to Complaint following a Notice of Removal (Related Doc. #1 ) . Filed by Jack In The Box Inc.. (Parker, Douglas)

July 14, 2014

Filing 4 Notice of Case Reassignment: This case has been reassigned from Judge Michael W. Mosman to Judge Anna J. Brown. (eo)

July 10, 2014

Filing 3 Notice of Case Assignment to Judge Michael W. Mosman and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 11/7/2014. Joint Alternate Dispute Resolution Report is due by 12/8/2014. Pretrial Order is due by 12/8/2014. Ordered by Judge Michael W. Mosman. (dsg)

July 9, 2014

Filing 2 Corporate Disclosure Statement . Filed by Jack In The Box Inc. A Corporation of Delaware. (Parker, Douglas)

July 9, 2014

Filing 1 Notice of Removal of Case Number 14CV06380 from Multnomah County Circuit Court. Filing Fee in amount of $400 collected. Agency Tracking ID: 0979-3749274 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by Jack In The Box Inc. A Corporation of Delaware (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Civil Cover Sheet). (Parker, Douglas)

Search for this case: Gessele et al v. Jack In The Box Inc.
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Plaintiff: Jessica Gessele
Represented By:	Jon M. Egan
Represented By:	Jim W. Vogele
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Plaintiff: Ashley Ortiz
Represented By:	Jon M. Egan
Represented By:	Jim W. Vogele
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Plaintiff: Nicole Gessele
Represented By:	Jon M. Egan
Represented By:	Jim W. Vogele
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Plaintiff: Tricia Tetrault
Represented By:	Jon M. Egan
Represented By:	Jim W. Vogele
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Plaintiff: Christina Mauldin
Represented By:	Jon M. Egan
Represented By:	Jim W. Vogele
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Plaintiff: Jason Diaz
Represented By:	Jon M. Egan
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Defendant: Jack In The Box Inc. a Delaware corporation doing business as Jack In The Box Inc
Represented By:	Ian Maher
Represented By:	Jennifer Neth Warberg
Represented By:	Pilar C. French
Represented By:	Douglas S. Parker
Represented By:	Heather St.Clair
Represented By:	David P. R. Symes
Represented By:	Don Stait
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