Makaneole v. Solarworld Industries America, Inc. et al
| Michael Makaneole |
| Kelly Services, Inc., Randstad Professionals US, LP, SolarWorld Industries America, LP, SolarWorld Industries Services, LLC, SolarWorld Power Projects, Inc. and Solarworld Industries America, Inc. |
| 3:2014cv01528 |
| September 24, 2014 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Paul Papak |
| Labor: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
433
ORDER AND FINAL JUDGMENT APPROVING SETTLEMENT OF CLASS ACTION AS TO SUNPOWER DEFENDANTS (ONLY): The Final Approval Motion 427 is hereby Granted, and the Settlement Agreement is hereby Approved as fair, reasonable, adequate, and in the pub lic interest, and the terms of the Settlement Agreement are hereby determined to be fair, reasonable and adequate, for the exclusive benefit of the Class Members. The Court Approves payment of the Settlement Amount in accordance with the terms of the Settlement Agreement. The Court Awards payment of Class Representative Service Award to Michael Makaneole in the amount of $1,000.00. The Court Awards payment to Schuck Law, LLC $29,000.00 for attorney fees in the amount of $26, 800.00, along with $2,200.00 for costs and expenses (collectively "Attorney Fee and Cost Award"). The allocation of funds as provided in the Settlement Agreement up to the Maximum Settlement Amount is Approved as fair, adequate, and reasonable. The Action is Dismissed with Prejudice regarding any and all claims asserted against Defendants SunPower North America Manufacturing, LLC, SunPower Manufacturing Oregon, LLC and SunPower Corporation, and without costs other than as spec ified in the Settlement Agreement and this Order. This Judgment is the Final Judgment in the suit as to all Class Members as to SunPower only. Without affecting the finality of this Judgment in any way, this Court retains jurisdiction over implemen tation and any related proceedings, if necessary, related to the Settlement Agreement, including but not limited to distribution of the Settlement Amount. The time to appeal from this Judgment shall commence upon its entry. (See formal 6-page Judgment.) Signed on 2/13/23 by Magistrate Judge Jolie A. Russo. (gm)
|
|
Filing
398
OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 393 . I Grant Plaintiff's Motion for Settlement 374 as revised by the Supplemental Motion for Preliminary Approval of Class Action Settlement 391 . Signed on 6/2/22 by Judge Michael W. Mosman. (gm)
|
|
Filing
371
OPINION & ORDER: I Adopt the portion of the Findings and Recommendation 359 at 9-11 that discusses meal breaks as my own opinion. I otherwise decline to adopt Judge Russo's Findings and Recommendation on the 5-Minute Rule and wil lfulness and instead Stay this case pending the appeal in Buero v. Amazon. I order the parties to provide supplemental briefing once the Ninth Circuit rules in Buero. I ask Judge Russo to then reevaluate the Motion for Partial Summary Judgment 334 in light of the Ninth Circuit's forthcoming ruling and the parties' supplemental briefing. Signed on 2/1/22 by Judge Michael W. Mosman. (gm)
|
|
Filing
331
OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 319 .Plaitiff's Motion to Certify the Class against SunPower Corporation et al. 307 is Granted. Signed on 2/12/21 by Judge Michael W. Mosman. (gm)
|
|
Filing
259
OPINION AND ORDER: Upon review, I agree with Judge Russos recommendation and I ADOPT the F&R 246 as my own opinion. Mr. Makaneoles Motion to File a Second Amended Complaint 230 is GRANTED in part and DENIED in part. Specifically, Mr. Makaneole m ay amend his complaint with respect to his ORS Chapter 652 claims but may not amend with respect to his Chapter 653 claims. The amended complaint is due fourteen days from the date of this order Signed on 9/23/2019 by Judge Michael W. Mosman. (kms)
|
|
Filing
210
ORDER: Adopting the Magistrate's Findings and Recommendation 198 . Plaintiff's Motion for Class Certification 164 is Granted. Signed on 5/29/18 by Judge Anna J. Brown. (gm)
|
|
Filing
191
OPINION & ORDER: Makaneole's constructive Request/Motion 189 for partial stay of these proceedings is Denied. Signed on 2/2/18 by Magistrate Judge Paul Papak. (gm)
|
|
Filing
163
ORDER: Adopting the Magistrate's Findings and Recommendation 160 . Defendant Kelly's Bill of Costs 153 is Denied. Signed on 5/30/17 by Judge Anna J. Brown. (gm)
|
|
Filing
146
ORDER: Adopting the Magistrate's Findings and Recommendation 126 . Plaintiff's Motion to Compel Production of Documents 79 is Granted in Part and Denied in Part; Plaintiff's Motion to Compel Interrogatory Respon ses 81 is Granted in Part and Denied in Part; Solarworld's Motion for Summary Judgment 82 is Denied; Kelly's Motion for Summary Judgment 84 is Granted; Randstad's Motion for Summary Judgment 86 is Granted in Part and Denied in Part; Kelly's Request for Judicial Notice 119 is Granted; and Randstad's Request for Judicial Notice 122 is Granted. Signed on 1/17/17 by Judge Anna J. Brown. (gm)
|
|
Filing
51
ORDER: The Court ADOPTS as modified Magistrate Judge Papaks Findings and Recommendation 43 . Accordingly, the Court: 1. DENIES Kelly Services Motion 7 to Dismiss; 2. GRANTS Kelly Services Alternative Motion 7 for More Definite Statement pursuant to Rule 12(e); 3. GRANTS Randstad Professionals Motion 10 to Dismiss as to Plaintiffs First, Second, and Third Claims; 4. DENIES Randstad Professionals Motion 10 to Dismissas to Plaintiffs request for attorneys fees; 5. DISMISSES withou t prejudice Plaintiffs First, Second, and Third Claims; and 6. GRANTS Plaintiff leave to file an Amended Complaint no later than April 6, 2015, to cure the deficiencies set out in the Findings and Recommendation. Signed on 03/09/2015 by Judge Anna J. Brown. (bb)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Oregon District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
