Swearingen v. Amazon.com Services, Inc. et al
| Kristin Swearingen |
| Amazon.com.dedc, LLC, Amazon.com Services, Inc. and Amazon.com Inc. |
| Peter Nickerson |
| 3:2019cv01156 |
| July 26, 2019 |
| US District Court for the District of Oregon |
| Stacie F Beckerman |
| Jolie A Russo |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 19, 2022. A more recent docket listing may be available from PACER.
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Filing 116
ORDER issued by Magistrate Judge Jolie A. Russo: Defendants' Motion for Summary Judgment on Plaintiffs Meal Break Claims #65 is Denied as Moot with leave to revisit, if necessary. (gm)
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Filing 115
ORDER: Granting Plaintiff's Unopposed Motion to Lift Stay and Certify for Settlement Purposes and for Preliminary Approval of Class Action Settlement #111 . The Stay of this case is Lifted. Final Approval Hearing set for 3/1/2023 at 1:30PM in Portland Courtroom 10B before Magistrate Judge Jolie A. Russo. Signed on 9/19/22 by Magistrate Judge Jolie A. Russo. (gm)
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| Filing 114 Joint Status Report by All Defendants. Filed by All Defendants. (Alamuddin, Sari) |
| Filing 113 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. |
| Filing 112 Declaration of Jon M. Egan . Filed by All Plaintiffs. (Related document(s): Motion for Settlement,, Motion to certify class,, Motion to Reopen Case, #111 .) (Egan, Jon) |
| Filing 111 Unopposed Motion for Settlement , Unopposed Motion to Certify the Class , Unopposed Motion to Reopen Case --- UNOPPOSED MOTION TO LIFT STAY AND CERTIFY FOR SETTLEMENT PURPOSES AND FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. Filed by All Plaintiffs. (Egan, Jon) |
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Filing 110
Order from USCA for the 9th Circuit, USCA # 22-35168 re Notice of Appeal 105 . The Clerk is directed to temporarily close this court's docket for administrative purposes until March 30, 2023. This administrative closure is not a decision on the merits and no mandate will issue in connection with this order. At any time, any party may request that this appeal be reopened. On or before March 23, 2023, counsel are requested to contact the mediator by email (kay_suk@ca9.uscourts.gov) to report on the status of the case. Counsel are requested to include the Ninth Circuit case name and number in the subject line. (jtj)
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Filing 109
ORDER issued by Magistrate Judge Jolie A. Russo: The parties shall file another formal Joint Status Report by 9/6/2022. (gm)
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| Filing 108 Joint Status Report . Filed by All Plaintiffs. (Egan, Jon) |
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Filing 107
ORDER issued by Magistrate Judge Jolie A. Russo: The Court has reviewed the parties' Joint Status Report #106 and denies the request for the next Joint Status Report to be filed within 14 days of the disposition of the appeal in this case and instead requires that formal Joint Status Reports be filed every 90 days with the first report due by 6/8/2022. (gm)
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| Filing 106 Joint Status Report . Filed by Kristin Swearingen. (Egan, Jon) |
| USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 105 . Case Appealed to 9th Circuit Court of Appeals Case Number 22-35168 assigned. (jtj) |
| Filing 105 Notice of Appeal to the 9th Circuit. Appeal filing fee Paid 3/1/2022. Permission to Appeal pursuant to Order from USCA for the 9th Circuit, USCA # 22-35168. (joha) |
| Filing 104 NOTICE AUTHORIZING ELECTRONIC PAYMENT OF APPEAL FILING FEE: Electronic payment of appeal filing fee is authorized per Order from USCA for the 9th Circuit, USCA # 22-35168. The filer should select the Pay Filing Fee - Appeal event from the Pay Filing Fee menu. (joha) |
| Filing fee in the amount of $505 collected. Agency Tracking ID: AORDC-8427030. Filed by Kristin Swearingen. (Egan, Jon) |
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Filing 103
ORDER issued by Magistrate Judge Jolie A. Russo: Based on the parties' Joint Status Report #102 , this case is Stayed and the parties shall file a further formal Joint Status Report within 14 days of the Ninth Circuit's acceptance or denial of the petitions, or by 4/14/2022, whichever is earlier. (gm)
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| Filing 102 Joint Status Report . Filed by All Plaintiffs. (Egan, Jon) |
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Filing 101
ORDER issued by Magistrate Judge Jolie A. Russo: As final ruling on Plaintiff's Motion to Certify the Class is completed, the parties shall confer and submit a revised case management schedule by 1/14/2022 which includes briefing deadlines pertaining to Defendants' pending Motion for Summary Judgment #65 . (gm)
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Filing 100
ORDER: The Court adopts Magistrate Judge Russo's Findings and Recommendation #89 . Therefore, Plaintiff's Motion for Class Certification #61 is GRANTED IN PART. IT IS SO ORDERED. Signed on 12/27/2021 by Judge Marco A. Hernandez. (gw)
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| Filing 99 Response to Objections to Findings & Recommendation. Related document(s): #89 Findings & Recommendation,, #93 Objections to Findings & Recommendation. Filed by Kristin Swearingen. (Egan, Jon) |
| Filing 98 Response to Objections to Findings & Recommendation. Related document(s): #89 Findings & Recommendation,, #95 Objections to Findings & Recommendation Oral Argument requested. Filed by All Defendants. (Alamuddin, Sari) |
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Filing 97
ORDER: Granting Motion for Extension of Time to File a Response to Objection to F & R #96 . Responses to any objections to the Findings and Recommendation are due by 9/13/2021. Ordered by Judge Marco A. Hernandez. (jp)
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| Filing 96 Joint Motion for Extension of Time to File a Response to Objection to Findings & Recommendation: Motion to Certify the Class #61 should be granted/denied #89 . Filed by All Defendants. (Alamuddin, Sari) |
| Filing 95 Objections to Findings & Recommendation: Motion to Certify the Class #61 should be granted/denied #89 Oral Argument requested. Filed by All Plaintiffs. (Egan, Jon) |
| Filing 94 Declaration of Kevin Gaffney In Support of Defendants' Objections To The Findings And Recommendation On Certification Of The Proposed "Rounding Class". Filed by All Defendants. (Related document(s): Objections to Findings & Recommendation #93 .) (Attachments: #1 Exhibit A) (Alamuddin, Sari) |
| Filing 93 Objections to Findings & Recommendation: Motion to Certify the Class #61 should be granted/denied #89 Oral Argument requested. Filed by All Defendants. (Alamuddin, Sari) |
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Filing 92
ORDER - The Court grants the parties' Joint Motion for Extension of Time to File Objections #91 . Objections to the July 19, 2021 Findings and Recommendation, ECF #89 are now due August 16, 2021. Ordered by Judge Marco A. Hernandez. (mja)
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| Filing 91 Joint Motion for Extension of Time to File an Objection to #89 . Filed by All Defendants. (Alamuddin, Sari) |
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Filing 90
ORDER issued by Magistrate Judge Jolie A. Russo: Findings & Recommendation #89 is referred to Judge Marco A. Hernandez for review. The parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the court. Thereafter, the parties shall have fourteen (14) days within which to file a response to the objections. (gm)
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| Filing 89 Findings & Recommendation: Plaintiff's motion for class certification #61 should be granted in part. The Court should certify the rounding class as consisting of all current and former Amazon employees who performed work in Oregon "fulfillment center" facilities (i.e., excluding data center employees), in any workweek the regular payday for which was on or after December 20, 2012 and on or before April 15, 2019, during which they lost time due to Amazon's rounding policy, who do not file a timely request to opt-out of the Class. The Court should decline to certify plaintiff's proposed unpaid breaks class. Signed on 7/19/21 by Magistrate Judge Jolie A. Russo. (gm) |
| Filing 88 Cross Notice re Notice #87 --- Plaintiff's Response to Amazon's Notice of Supplemental Authority [Dkt. 87] and Cross-Notice of Supplemental Authority Filed by All Plaintiffs. (Related document(s): Notice #87 .) (Egan, Jon) |
| Filing 87 Notice of Supplemental Authority in Support of Defendants' Opposition to Plaintiff's Motion to Certify Filed by All Defendants. (Attachments: #1 Exhibit 1) (Alamuddin, Sari) |
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Filing 86
ORDER issued by Magistrate Judge Jolie A. Russo: As mediation was unsuccessful at this time, the Stay of this case is Lifted. Order: Setting Plaintiff's Motion to Certify Class Action #61 on the under advisement calendar of 5/12/2021. (gm)
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| Filing 85 NOTICE BY THE CLERK: Currently there is partial consent to proceed before a U.S. Magistrate Judge in this case. If the non-consenting party would like to consent to proceed before a U.S. Magistrate Judge, the consent form may be found on the court's website at #ord.uscourts.gov/civil-forms and may be filed electronically by using the Consent event under Other Filings/Consent in the Civil menu or delivered to the Clerk's Office by mail or in person. For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see #ord.uscourts.gov/consent. The parties are free to withhold consent without adverse substantive consequences. (gm) |
| Filing 84 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. |
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Filing 83
ORDER: Defendants' motion to stay in Case No. 19-CV-1156-JR #79 is Granted and that case is Stayed until April 21, 2021. In addition, on the Court's own motion, the proceedings in Case No. 20-CV-1751-JR are also Stayed until April 21, 2021. Signed on 2/16/21 by Magistrate Judge Jolie A. Russo. (gm)
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| Filing 82 Supplemental Sur-Response to Motion for Stay of Proceedings Pending Scheduled Mediation #79 . Filed by All Plaintiffs. (Egan, Jon) |
| Filing 81 Reply to Motion for Stay of Proceedings Pending Scheduled Mediation #79 . Filed by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Alamuddin, Sari) |
| Filing 80 Response in Opposition to Motion for Stay of Proceedings Pending Scheduled Mediation #79 . Filed by All Plaintiffs. (Egan, Jon) |
| Filing 79 Motion for Stay of Proceedings Pending Scheduled Mediation. Filed by All Defendants. (Alamuddin, Sari) |
| Filing 78 Declaration of Kevin Gaffney . Filed by All Defendants. (Related document(s): Sur-Reply to Motion #77 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Alamuddin, Sari) |
| Filing 77 Sur-Reply in Support of Defendants' Opposition to Motion to Certify the Class #61 Oral Argument requested. Filed by All Defendants. (Alamuddin, Sari) |
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Filing 76
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants' Unopposed Motion for Leave to File Sur-reply #75 as follows: Defendants' sur-reply due by 1/26/2021. Order: Resetting Plaintiff's Motion to Certify Class Action #61 from 1/19/2021 to the under advisement calendar of 2/8/2021. (gm)
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| Filing 75 Unopposed Motion for Leave To File A Sur-Reply In Further Opposition to Plaintiff's Motion To Certify FRCP 23(b)(3) Class Action. Filed by All Defendants. (Alamuddin, Sari) |
| Filing 74 Supplemental Declaration of Michele Lauzier in Support of plaintiff's motion to certify FRCP 23(b)(3) class action. Filed by All Plaintiffs. (Related document(s): Reply to Motion #73 .) (Egan, Jon) |
| Filing 73 Reply to Motion to Certify the Class #61 . Filed by All Plaintiffs. (Egan, Jon) |
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ORDER issued by Magistrate Judge Jolie A. Russo: Granting Plaintiff's unopposed E-mail Request dated 1/8/2021 for extension of time as follows: Plaintiff's reply to motion to certify class action due by 1/13/2021. Order: Resetting Plaintiff's Motion to Certify Class Action #61 from 1/11/2021 to the under advisement calendar of 1/19/2021. (gm)
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| Filing 72 Declaration of Kevin Gaffney . Filed by All Defendants. (Related document(s): Response in Opposition to Motion,, #71 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Alamuddin, Sari) |
| Filing 71 Response in Opposition to Motion to Certify the Class #61 Oral Argument requested. Filed by All Defendants. (Attachments: #1 Exhibit A - Declaration of H. Hackler, #2 Exhibit B - Declaration of S. Moorehead, #3 Exhibit C - Declaration of K. Kottmann, #4 Exhibit D - Declaration of M. Anterola, #5 Exhibit E - Declaration of A. Ross, #6 Exhibit F - Declaration of R. Reuben, #7 Exhibit G - Declaration of A. Spisla, #8 Exhibit H - Declaration of J. Barnes) (Alamuddin, Sari) |
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Filing 70
ORDER issued by Magistrate Judge Jolie A. Russo: Consistent with this Court's Order 69 , Plaintiff's Motion to Certify Class Action #61 is Reset from 1/25/2021 to the under advisement calendar of 1/11/2021. (gm)
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Filing 69
ORDER issued by Magistrate Judge Jolie A. Russo: Plaintiff's Motion for a Stay #68 is Granted. Consistent with the Court's September 15, 2020 Order 52 , the Court stays further briefing on Defendants' Motion for Summary Judgment #65 pending a final ruling on Plaintiff's Motion to Certify the Class. Following the class certification ruling, the Court will address scheduling any necessary discovery related to the summary judgment motion(s). (gm)
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| Filing 68 Motion for Stay of plaintiff's response to Amazon's motion for summary judgment. Expedited Hearing requested. Filed by All Plaintiffs. (Egan, Jon) |
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Filing 67
ORDER issued by Magistrate Judge Jolie A. Russo: Setting Defendants' Motion for Partial Summary Judgment #65 on the under advisement calendar of 1/25/2021. The request for oral argument will be considered in due course. Should the Court deem the motion appropriate for disposition with oral argument upon review of the briefings, the motion will be scheduled accordingly. Order: Resetting Plaintiff's Motion to Certify Class Action #61 from 1/11/2021 to the under advisement calendar of 1/25/2021. (gm)
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| Filing 66 Declaration of Kevin Gaffney . Filed by All Defendants. (Related document(s): Motion for Partial Summary Judgment #65 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Alamuddin, Sari) |
| Filing 65 Motion for Partial Summary Judgment On Plaintiff's Meal Break Claims (First Cause of Action (In Part) And Third Cause of Action). Oral Argument requested. Filed by All Defendants. (Alamuddin, Sari) |
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Filing 64
ORDER issued by Magistrate Judge Jolie A. Russo: Setting Plaintiff's Motion to Certify Class Action #61 on the under advisement calendar of 1/11/2021. The request for oral argument will be considered in due course. Should the Court deem the motion appropriate for disposition with oral argument upon review of the briefings, the motion will be scheduled accordingly. (gm)
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| Filing 63 Declaration of Michele Lauzier . Filed by Kristin Swearingen. (Related document(s): Motion to certify class #61 .) (Egan, Jon) |
| Filing 62 Declaration of Jon M. Egan . Filed by Kristin Swearingen. (Related document(s): Motion to certify class #61 .) (Egan, Jon) |
| Filing 61 Motion to Certify the Class . Oral Argument requested. Filed by Kristin Swearingen. (Egan, Jon) |
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Filing 60
ORDER issued by Magistrate Judge Jolie A. Russo: Based on Plaintiff's Notice of Withdrawal #59 , Plaintiff's Motion to Compel #50 is Withdrawn and the matter Stricken from the under advisement calendar of 11/2/2020. (gm)
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| Filing 59 Notice re Motion to Compel #50 ---Notice of withdrawal of motion Filed by Kristin Swearingen. (Related document(s): Motion to Compel #50 .) (Egan, Jon) |
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Filing 58
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants' Unopposed Motion for Extension of Time #57 as follows: Response to discovery motion due by 11/2/2020. Motion to certify class due by 11/18/2020. Responses to motion to certify class due by 12/16/2020. Replies to responses to motion to certify class due by 1/6/2021. Order: Resetting Plaintiff's Motion to Compel #50 from 10/26/2020 to the under advisement calendar of 11/2/2020. (gm)
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| Filing 57 Motion to Supplement DEFENDANTS AMAZON.COM SERVICES, INC., AMAZON.COM INC., AND AMAZON.COM.DEDC, LLCS SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS MOTION TO COMPEL AND TO THE CLASS CERTIFICATION BRIEFING SCHEDULE. Filed by Amazon.com Inc., Amazon.com Services, Inc., Amazon.com.dedc, LLC. (Alamuddin, Sari) |
| Filing 56 Joint ADR Report . Filed by Amazon.com Inc., Amazon.com Services, Inc., Amazon.com.dedc, LLC.(Alamuddin, Sari) |
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Filing 55
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants' Unopposed Motion for Extension of Time #54 as follows: Response to discovery motion due by 10/19/2020. Motion to certify class due by 11/4/2020. Responses to motion to certify class due by 12/2/2020. Replies to responses to motion to certify class due by 12/16/2020. Order: Resetting Plaintiff's Motion to Compel #50 from 10/5/2020 to the under advisement calendar of 10/26/2020. (gm)
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| Filing 54 Unopposed Motion for Extension of Time to Respond to Plaintiffs Motion to Compel and to the Class Certification Briefing Schedule. Filed by All Defendants. (Gaffney, Kevin) |
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Filing 53
ORDER issued by Magistrate Judge Jolie A. Russo: Setting Plaintiff's Motion to Compel #50 on the under advisement calendar of 10/5/2020. Response to discovery motion due by 9/28/2020. The request for oral argument will be considered in due course. Should the Court deem the motion appropriate for disposition with oral argument upon review of the briefings, the motion will be scheduled accordingly. (gm)
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Filing 52
ORDER issued by Magistrate Judge Jolie A. Russo: Granting the parties' Joint Motion to Modify Pretrial Schedule to Allow Bifurcated Motions to Compel #49 . Motions to compel on liability and damage issues may be filed 60 days following the final decision on class certification, and only those motions to compel pertaining to class certification issues are due at the current discovery closure date of September 14, 2020. The Court will address dispositive motion and other deadlines as necessary following a final ruling on class certification. (gm)
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| Filing 51 Declaration of Jon M. Egan . Filed by Kristin Swearingen. (Related document(s): Motion to Compel #50 .) (Egan, Jon) |
| Filing 50 Motion to Compel . Oral Argument requested. Filed by Kristin Swearingen. (Egan, Jon) |
| Filing 49 Motion for Extension of Time to file motions to compel on liability and damages issues. Expedited Hearing requested. Filed by Kristin Swearingen. (Egan, Jon) |
| Filing 48 Answer to #47 Amended Complaint . Filed by Amazon.com.dedc, LLC, Amazon.com Inc., Amazon.com Services, Inc.. (Alamuddin, Sari) |
| Filing 47 Amended Complaint . Filed by Kristin Swearingen against Amazon.com Inc., Amazon.com Services, Inc., Amazon.com.dedc, LLC. (Egan, Jon) |
| Filing 46 MINUTES OF PROCEEDINGS before Magistrate Judge Jolie A. Russo: Telephonic Scheduling Conference held 2/25/20. Order Resetting case management deadlines as follows and as modified: Fact Discovery is to be completed by 9/14/2020. Written consents, if any, should be submitted by 9/14/2020. Parties to confer as to ADR by 9/14/2020. Joint Alternate Dispute Resolution Report is due by 10/14/2020. Motion to certify class due by 10/14/2020. Responses to motion to certify class due by 11/16/2020. Replies to responses to motion to certify class due by 11/30/2020. The court will address dispositive motion and other case management deadlines as necessary following final ruling on the forthcoming motion to certify class. Jon Egan present as counsel for plaintiff(s). Kevin Gaffney; Sari Alamuddin; Sarah Crooks present as counsel for defendant(s). Court Reporter: (None). (gm) |
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Filing 45
ORDER issued by Magistrate Judge Jolie A. Russo: Setting a Telephonic Scheduling Conference for 2/25/2020 at 1:30PM in Portland Chambers before Magistrate Judge Jolie A. Russo. (gm)
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Filing 44
ORDER issued by Magistrate Judge Jolie A. Russo: Based on the Notice of Withdrawal #43 , Plaintiff's Motion to Remand to State Court #20 is Withdrawn. (gm)
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| Filing 43 Notice re Motion to Remand #20 ---Notice of withdrawal of motion Filed by Kristin Swearingen. (Related document(s): Motion to Remand #20 .) (Egan, Jon) |
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Filing 42
STIPULATED PROTECTIVE ORDER. Signed on 11/25/19 by Magistrate Judge Jolie A. Russo. (gm)
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| Filing 41 Stipulation re Protective Order by All Defendants. Filed by All Defendants. (Crooks, Sarah) |
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Filing 40
ORDER issued by Magistrate Judge Jolie A. Russo: After consideration of the parties' extensive briefing and oral argument, plaintiff's Motion to Compel #34 is Granted as follows and defendants' Motion to Quash #28 is denied. Within fourteen (14) days, defendants shall produce the time and payroll information for non-exempt defendant employees employed at Oregon facilities that defendants provided to Nickerson and Associates beginning February 27, 2019. See Ibarra v. Manheim Investments, Inc., 775 F.3d 1193, 1200 (9th Cir. 2015)(once plaintiff has challenged the amount in controversy, district courts should determine a "reasonable procedure...so that each side has a fair opportunity to submit proof."). This information may be provided via a Protective Order. Plaintiff's reply in support of her motion to remand is due fourteen (14) days after receipt of the Nickerson documents. (gm)
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| Filing 39 MINUTES OF PROCEEDINGS before Magistrate Judge Jolie A. Russo: Telephonic Oral Argument held 11/13/19. Order: Defendants' Motion to Quash Plaintiff's Subpoena #28 and Plaintiff's Motion to Compel Subpoena Compliance #34 are taken under advisement as of 11/13/2019. Jon Egan present as counsel for plaintiff(s). Sari Alamuddin; Sarah Crooks present as counsel for defendant(s). Julie Vacura present as counsel for movant(s). Court Reporter: Ryan White. (gm) |
| Filing 38 Brief in opposition to Nickerson's alternative motion to quash. Filed by Kristin Swearingen. (Related document(s): Response in Opposition to Motion #37 .) (Egan, Jon) |
| Filing 37 Response in Opposition to Motion to Compel Subpoena Compliance #34 Oral Argument requested. Filed by Peter Nickerson. (Vacura, Julie) |
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Filing 36
ORDER issued by Magistrate Judge Jolie A. Russo: Plaintiff's Motion for Extension of Time to File a Reply to Motion to Remand to State Court ( #20 ) #30 is Granted. Plaintiff's reply date will be scheduled after the Court rules on motions #28 and #34 . Order: Setting Defendants' Motion to Quash Plaintiff's Subpoena #28 and Plaintiff's Motion to Compel Subpoena Compliance #34 on the Telephonic Oral Argument Calendar of 11/13/2019 at 10:00AM in Portland Chambers before Magistrate Judge Jolie A. Russo. (gm)
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| Filing 35 Declaration of Jon M. Egan . Filed by Kristin Swearingen. (Related document(s): Motion to compel #34 .) (Egan, Jon) |
| Filing 34 Motion to Compel Subpoena Compliance. Oral Argument requested. Filed by Kristin Swearingen. (Egan, Jon) |
| Filing 33 Response to Motion to Quash Plaintiff's Subpoena to Nickerson & Associates, LLC #28 Oral Argument requested. Filed by Kristin Swearingen. (Egan, Jon) |
| Filing 32 Reply to Motion for Extension of Time to File a Response/Reply to Motion to Remand to State Court #20 #30 . Filed by Kristin Swearingen. (Egan, Jon) |
| Filing 31 Response in Opposition to Motion for Extension of Time to File a Response/Reply to Motion to Remand to State Court #20 #30 . Filed by All Defendants. (Gaffney, Kevin) |
| Filing 30 Motion for Extension of Time to File a Response/Reply to Motion to Remand to State Court #20 . Expedited Hearing requested. Filed by Kristin Swearingen. (Egan, Jon) |
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Filing 29
ORDER issued by Magistrate Judge Jolie A. Russo: Setting Defendants' Motion to Quash #28 on the under advisement calendar of 10/15/2019. Response to discovery motion due 10/15/2019. The request for oral argument will be considered in due course. Should the Court deem the motion appropriate for disposition with oral argument upon review of the briefings, the motion will be scheduled accordingly. (gm)
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| Filing 28 Motion to Quash Plaintiff's Subpoena to Nickerson & Associates, LLC. Oral Argument requested. Filed by All Defendants. (Attachments: #1 Exhibit Exhibit 1 - Plaintiff's Subpoena to Nickerson & Associates, LLC) (Gaffney, Kevin) |
| Filing 27 Declaration of Peter Nickerson . Filed by All Defendants. (Related document(s): Response in Opposition to Motion #24 .) (Gaffney, Kevin) |
| Filing 26 Declaration of Michele Frauson . Filed by All Defendants. (Related document(s): Response in Opposition to Motion #24 .) (Gaffney, Kevin) |
| Filing 25 Declaration of Kevin Gaffney. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #24 .) (Gaffney, Kevin) |
| Filing 24 Response in Opposition to Motion to Remand to State Court #20 Oral Argument requested. Filed by All Defendants. (Gaffney, Kevin) |
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Filing 23
ORDER issued by Magistrate Judge Jolie A. Russo: Defendants' Motion to Quash plaintiffs' subpoena #22 is Granted without prejudice. Plaintiffs may subpoena the information again, if necessary, after conferral in compliance with the Local Rules. (gm)
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| Filing 22 Motion to Quash Plaintiff's Subpoena to Nickerson & Associates, LLC. Oral Argument requested. Filed by Amazon.com Inc., Amazon.com Services, Inc., Amazon.com.dedc, LLC. (Attachments: #1 Exhibit 1 - Plaintiff's Subpoena to Nickerson & Associates, LLC) (Gaffney, Kevin) |
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Filing 21
ORDER issued by Magistrate Judge Jolie A. Russo: Setting Plaintiff's Motion to Remand to State Court #20 on the under advisement calendar of 10/15/2019. Response to motion to remand due by 9/25/2019. Reply to response to motion to remand due by 10/9/2019. The request for oral argument will be considered in due course. Should the Court deem the motion appropriate for disposition with oral argument upon review of the briefings, the motion will be scheduled accordingly. (gm)
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| Filing 20 Motion to Remand to State Court. Oral Argument requested. Filed by Kristin Swearingen. (Egan, Jon) |
| Filing 19 MINUTES OF PROCEEDINGS before Magistrate Judge Jolie A. Russo: Telephonic Rule 16 Conference held 8/26/19. Order: As Plaintiff indicates that a motion for remand is forthcoming, Defendants will have 30 days from its filing to file their response and Plaintiff will have 14 days from the response date to file their reply. The court will set a further telephonic scheduling conference following final ruling on the forthcoming motion for remand, if necessary. Jon Egan present as counsel for plaintiff(s). Kevin Gaffney; Sari Alamuddin; Sarah Crooks present as counsel for defendant(s). Court Reporter: (None). (gm) |
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Filing 18
ORDER issued by Magistrate Judge Jolie A. Russo: Setting a Telephonic Rule 16 Conference for 8/26/2019 at 2:00PM in Portland Chambers before Magistrate Judge Jolie A. Russo. Local Rules 16-2(b) and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm)
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| Filing 17 Notification of CM/ECF Account for Kevin F. Gaffney (Pro Hac Vice admission). Your login is: kfgaffney. Go to #the CM/ECF login page to set your password. (ecp) |
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Filing 16
ORDER: Granting Application for Special Admission Pro Hac Vice of Kevin F. Gaffney for Amazon.com Inc., Amazon.com Services, Inc.,and Amazon.com.dedc, LLC. Application Fee in amount of $300 collected. Receipt No. 0979-5939608 issued. Signed on 8/5/2019 by Magistrate Judge Jolie A. Russo. (ecp)
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| Filing 15 Notification of CM/ECF Account for Stephanie L. Sweitzer (Pro Hac Vice admission). Your login is: slsweitzer. Go to #the CM/ECF login page to set your password. (ecp) |
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Filing 14
ORDER: Granting Application for Special Admission Pro Hac Vice of Stephanie L. Sweitzer for Amazon.com Inc., Amazon.com Services, Inc., Amazon.com.dedc, LLC. Application Fee in amount of $300 collected. Receipt No. 0979-5939599 issued. Signed on 8/5/2019 by Magistrate Judge Jolie A. Russo. (ecp)
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| Filing 13 Notification of CM/ECF Account for Sari M. Alamuddin (Pro Hac Vice admission). Your login is: smalamuddin. Go to #the CM/ECF login page to set your password. (ecp) |
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Filing 12
ORDER: Granting Application for Special Admission Pro Hac Vice of Sari M. Alamuddin for Amazon.com Inc., Amazon.com Services, Inc., and Amazon.com.dedc, LLC. Application Fee in amount of $300 collected. Receipt No. 26J2T606 issued. Signed on 8/5/2019 by Magistrate Judge Jolie A. Russo. (ecp)
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| Filing 11 Answer to Complaint following a Notice of Removal (Related Doc. #1 ) . Filed by Amazon.com.dedc, LLC, Amazon.com Inc., Amazon.com Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Crooks, Sarah) |
| Filing 10 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Stacie F. Beckerman to Magistrate Judge Jolie A. Russo. (eo) |
| Filing 9 Certificate of Service by All Defendants of Discovery order, #5 Filed by All Defendants. (Crooks, Sarah) |
| Filing 8 Motion for Leave to Appear Pro Hac Vice for Attorney Kevin F. Gaffney . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5939608. Filed by All Defendants. (Crooks, Sarah) |
| Filing 7 Motion for Leave to Appear Pro Hac Vice for Attorney Stephanie L. Sweitzer . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5939599. Filed by All Defendants. (Attachments: #1 Attachment A) (Crooks, Sarah) |
| Filing 6 Motion for Leave to Appear Pro Hac Vice for Attorney Sari M. Alamuddin . Filing fee in the amount of $300 collected; Receipt No.: 26J2T606. Filed by All Defendants. (Attachments: #1 Attachment A) (Crooks, Sarah) |
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Filing 5
Notice of Case Assignment to Magistrate Judge Stacie F. Beckerman and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 11/25/2019. Joint Alternate Dispute Resolution Report is due by 12/23/2019. Pretrial Order is due by 12/23/2019. Ordered by Magistrate Judge Stacie F. Beckerman. (rs)
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| Filing 4 Declaration of Peter Nickerson . Filed by All Defendants. (Related document(s): Notice of Removal, #1 .) (Crooks, Sarah) |
| Filing 3 Declaration of Kevin Gaffey . Filed by All Defendants. (Related document(s): Notice of Removal, #1 .) (Attachments: #1 Exhibit 1) (Crooks, Sarah) |
| Filing 2 Corporate Disclosure Statement . Filed by All Defendants. (Crooks, Sarah) |
| Filing 1 Notice of Removal of Case Number 19CV22154 from Multnomah County Circuit Court. Filing Fee in amount of $400 collected. Agency Tracking ID: 0979-5939410 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by Amazon.com.dedc, LLC, Amazon.com Inc., Amazon.com Services, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet). (Crooks, Sarah) |
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