Eilerman v. McLane Company, Inc.
| Eilerman and Steven Eilerman |
| McLane Company, Inc. and McLane Company, Inc. doing business as McLane/Northwest |
| 3:2016cv05303 |
| April 22, 2016 |
| US District Court for the Western District of Washington |
| Tacoma Office |
| Pierce |
| Benjamin H Settle |
| Labor: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on July 20, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 61 CERTIFICATE OF SERVICE by Plaintiff Steven Eilerman re #60 Declaration, #59 Notice of Filing of Official Transcript,,, (Bodien, India) |
| Filing 60 DECLARATION of Christina Francisco filed by Plaintiff Steven Eilerman re #53 Unopposed MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT (Bodien, India) |
| Filing 59 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Final Approval of Settlement Hearing held on 5/17/2017 before Judge Benjamin H. Settle.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Teri Hendrix, teri_hendrix@wawd.uscourts.gov, 253-882-3831. Release of Transcript Restriction set for 8/21/2017, (Hendrix, Teri) |
| Filing 58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Approval of Settlement Hearing held on 2/22/2017 before Judge Benjamin H. Settle.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Teri Hendrix, teri_hendrix@wawd.uscourts.gov, 253-882-3831. Release of Transcript Restriction set for 8/21/2017, (Hendrix, Teri) |
Filing 57
ORDER Granting Final Approval of Class Action Settlement. Signed by Judge Benjamin H. Settle. (MGC)
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| Filing 56 MINUTE ENTRY for Motion Hearing re Final Approval of Class Action Settlement held on 5/17/2017 before Judge Benjamin H. Settle - Dep Clerk: Gretchen Craft; Pla Counsel: India Lin Bodien, Craig Ackerman, Julian Hammond (by phone); Def Counsel: Matthew Kane; CR: Teri Hendrix; Time of Hearing: 11:00; Courtroom: E; re #48 Unopposed MOTION for Attorney Fees and Costs and Enhancement Award to the Class Representative filed by Steven Eilerman & #53 Unopposed Motion for Final Approval of Class Action Settlement filed by Steven Eilerman. Court notes no one has appeared to object to the settlement and approves the settlement. Order entered. (MGC) |
| Filing 55 CERTIFICATE OF SERVICE by Plaintiff Steven Eilerman re #54 Declaration, #53 Unopposed MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT (Hammond, Julian) |
| Filing 54 DECLARATION of Christina Francisco Regarding Notice and Settlement Administration filed by Plaintiff Steven Eilerman re #53 Unopposed MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT (Attachments: #1 Exhibit A, #2 Exhibit B)(Hammond, Julian) |
| Filing 53 Unopposed MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT , filed by Plaintiff Steven Eilerman. (Attachments: #1 Exhibit 1, #2 Proposed Order) Noting Date 5/17/2017, (Hammond, Julian) |
| Filing 52 CERTIFICATE OF SERVICE by Plaintiff Steven Eilerman re #51 Declaration, #49 Declaration, #50 Declaration, #48 Unopposed MOTION for Attorney Fees and Costs and Enhancement Award to the Class Representative (Hammond, Julian) |
| Filing 51 DECLARATION of India Bodien filed by Plaintiff Steven Eilerman re #48 Unopposed MOTION for Attorney Fees and Costs and Enhancement Award to the Class Representative (Hammond, Julian) |
| Filing 50 DECLARATION of Craig Ackermann filed by Plaintiff Steven Eilerman re #48 Unopposed MOTION for Attorney Fees and Costs and Enhancement Award to the Class Representative (Hammond, Julian) |
| Filing 49 DECLARATION of Julian Hammond filed by Plaintiff Steven Eilerman re #48 Unopposed MOTION for Attorney Fees and Costs and Enhancement Award to the Class Representative (Attachments: #1 Exhibit 1 to the Declaration of Julian Hammond, #2 Exhibit 2 to the Declaration of Julian Hammond)(Hammond, Julian) |
| Filing 48 Unopposed MOTION for Attorney Fees and Costs and Enhancement Award to the Class Representative, filed by Plaintiff Steven Eilerman. Noting Date 5/17/2017, (Hammond, Julian) |
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Filing 47
ORDER granting #46 Stipulated Motion to continue hearing: Final Fairness Hearing is reset for 5/17/2017 at 11:00 AM in Courtroom E before Judge Benjamin H. Settle. Signed by Judge Benjamin H. Settle. (MGC)
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| Filing 46 Stipulated MOTION to Continue Final Fairness Hearing Date, filed by Plaintiff Steven Eilerman. Noting Date 2/28/2017, (Hammond, Julian) |
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Filing 45
ORDER by Judge Benjamin H. Settle granting #37 Motion for Preliminary Approval of Class Action Settlement. Final fairness hearing set for 5/2/2017. (TG)
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| Filing 44 MINUTE ENTRY for Telephone Conference held on 2/22/2017 before Judge Benjamin H. Settle - Dep Clerk: Gretchen Craft; Pla Counsel: Julian Hammond; Def Counsel: Matthew Kane; CR: Teri Hendrix; Time of Hearing: 11:00; Courtroom: E; Court approves the proposed settlement and directs the parties to submit an order with attorney fees awarded up to 30% of the maximum settlement amount. Fairness Hearing set for 5/2/2017 at 11:00 AM in Courtroom E before Judge Benjamin H. Settle. (MGC) |
| Filing 43 PROPOSED ORDER (Unsigned) re #37 Unopposed MOTION for Preliminary Approval of Class Action Settlement Agreement (Attachments: #1 Exhibit 1 to the Revised Proposed Order)(Hammond, Julian) |
| Filing 42 NOTICE of Telephonic Hearing on Motion re #37 Unopposed MOTION for Preliminary Approval of Class Action Settlement Agreement: Motion Hearing regarding attorney fees is set for 2/22/2017 at 11:00 AM in Courtroom E before Judge Benjamin H. Settle. (MGC) |
| Filing 41 NOTICE of Settlement Notice of Proposed Settlement Pursuant to the Class Action Fairness Act, 28 U.S.C. Section 1715 by Defendant McLane Company, Inc. (Kane, Matthew) |
| Filing 40 DECLARATION of Steven Eilerman filed by Plaintiff Steven Eilerman re #37 Unopposed MOTION to Certify Class Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement (Hammond, Julian) |
| Filing 39 CERTIFICATE OF SERVICE by Plaintiff Steven Eilerman re #37 Unopposed MOTION to Certify Class Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement, #38 Declaration,, (Hammond, Julian) |
| Filing 38 DECLARATION of Julian Hammond In Support of Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement filed by Plaintiff Steven Eilerman re #37 Unopposed MOTION to Certify Class Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement (Attachments: #1 Exhibit 1 to the Declaration of Julian Hammond, #2 Exhibit 2 to the Declaration of Julian Hammond, #3 Exhibit 3 to the Declaration of Julian Hammond, #4 Exhibit 4 to the Declaration of Julian Hammond)(Hammond, Julian) |
| Filing 37 Unopposed MOTION for Preliminary Approval of Class Action Settlement Agreement, filed by Plaintiff Steven Eilerman. (Attachments: #1 Proposed Order, #2 Exhibit 1 to the Proposed Order) Noting Date 2/6/2017, (Hammond, Julian) Modified on 2/7/2017 (GMR). |
| Pursuant to request by counsel, parties have until 2/6/2017 to file class action approval documents. (TG) |
| Filing 36 Stipulated MOTION to Extend Deadline to File Class Action Approval Documents,filed by Plaintiff Steven Eilerman. Noting Date 1/9/2017, (Hammond, Julian) |
| ***Motion terminated: #36 Stipulated MOTION to Extend Deadline to File Class Action Approval Documents filed by Steven Eilerman. Simultaneous to the filing of this document, the Court telephonically granted the parties additional time to file class action approval documents. Documents are now due on 1/23/2017. (TG) |
| ***Deadlines/Hearings terminated due to notice of settlement. Parties to file class action approval documents by 1/9/2017. (TG) |
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Filing 35
STIPULATED PROTECTIVE ORDER. Signed by Judge Benjamin H. Settle. (MGC)
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| Filing 34 STIPULATION AND PROPOSED ORDER for Protective Order by parties (Hammond, Julian) |
| Filing 33 NOTICE of Unavailability of counsel India Lin Bodien for Plaintiff Steven Eilerman from 9/21-10/4. (Bodien, India) |
| Filing 32 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Sean M Sullivan for Defendant McLane Company, Inc.. (Huebner, Kasey) |
| Set/Reset Deadlines: FRCP 26f Conference Deadline is 11/9/2016, Initial Disclosure Deadline is 11/23/2016, Joint Status Report due by 11/16/2016. (TG) |
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Filing 31
ORDER by Judge Benjamin H. Settle granting #29 Stipulated Motion to vacate deadline for filing of class certification motion.(TG)
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| Filing 30 PRAECIPE re #29 Stipulated MOTION to Vacate LCR 23(i)(3) Deadline for Filing of Class Certification Motion by Plaintiff Steven Eilerman (Attachments: #1 revised signature page, #2 revised signature page)(Bodien, India) |
| Filing 29 Stipulated MOTION to Vacate LCR 23(i)(3) Deadline for Filing of Class Certification Motion by Plaintiff Steven Eilerman. (Attachments: #1 Proposed Order) Noting Date 5/20/2016, (Bodien, India) |
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Filing 28
ORDER on the #23 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Sean M Sullivan for McLane Company, Inc., by Clerk William M McCool. (No document associated with this docket entry, text only.)NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(GMR)
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Filing 27
ORDER on the #21 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Sabrina A Beldner for McLane Company, Inc., by Clerk William M McCool. (No document associated with this docket entry, text only.) NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(GMR)
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| Filing 26 ANSWER to Complaint; with JURY DEMAND by McLane Company, Inc..(Huebner, Kasey) |
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Filing 25
ORDER on the #22 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Sylvia Jilhae Kim for McLane Company, Inc., by Clerk William M McCool. (No document associated with this docket entry, text only.)NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(GMR)
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Filing 24
ORDER on the #20 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Matthew C Kane for McLane Company, Inc., by Clerk William M McCool. (No document associated with this docket entry, text only.)NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(GMR)
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| Filing 23 APPLICATION OF ATTORNEY Sean M. Sullivan FOR LEAVE TO APPEAR PRO HAC VICE for Defendant McLane Company, Inc. (Fee Paid) Receipt No. 0981-4447272 (Huebner, Kasey) |
| Filing 22 APPLICATION OF ATTORNEY Sylvia J. Kim FOR LEAVE TO APPEAR PRO HAC VICE for Defendant McLane Company, Inc. (Fee Paid) Receipt No. 0981-4447257 (Huebner, Kasey) |
| Filing 21 APPLICATION OF ATTORNEY Sabrina A. Beldner FOR LEAVE TO APPEAR PRO HAC VICE for Defendant McLane Company, Inc. (Fee Paid) Receipt No. 0981-4447247 (Huebner, Kasey) |
| Filing 20 APPLICATION OF ATTORNEY Matthew C. Kane FOR LEAVE TO APPEAR PRO HAC VICE for Defendant McLane Company, Inc. (Fee Paid) Receipt No. 0981-4447222 (Huebner, Kasey) |
| Filing 19 CERTIFICATE OF SERVICE by Plaintiff Steven Eilerman re #6 Discovery and Depositions Order (Bodien, India) |
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Filing 18
ORDER on the #14 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Craig Ackermann for Steven Eilerman, by Clerk William M McCool. (No document associated with this docket entry, text only.)NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(GMR)
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Filing 17
ORDER on the #11 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Polina Pecherskaya for Steven Eilerman, by Clerk William M McCool. (No document associated with this docket entry, text only.)NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(GMR)
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Filing 16
ORDER on the #10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Ari Cherniak for Steven Eilerman, by Clerk William M McCool. (No document associated with this docket entry, text only.)NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(GMR)
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Filing 15
ORDER by Judge Benjamin H. Settle granting #13 Motion for Extension of Time to Answer; McLane Company, Inc. answer due 5/13/2016. (TG)
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| Filing 14 APPLICATION OF ATTORNEY Craig Ackermann FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Steven Eilerman (Fee Paid) Receipt No. 0981-4432272 (Bodien, India) |
| Filing 13 Stipulated MOTION for Extension of Time to File Answer by Defendant McLane Company, Inc.. (Attachments: #1 Proposed Order) Noting Date 4/28/2016, (Huebner, Kasey) |
| Filing 12 CERTIFICATE OF SERVICE by Plaintiff Steven Eilerman re #6 Discovery and Depositions Order (Hammond, Julian) |
| Filing 11 APPLICATION OF ATTORNEY Polina Pecherskaya FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Steven Eilerman (Fee Paid) Receipt No. 0981-4429785 (Bodien, India) |
| Filing 10 APPLICATION OF ATTORNEY Ari Cherniak FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Steven Eilerman (Fee Paid) Receipt No. 0981-4429780 (Bodien, India) |
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Filing 9
ORDER re #8 Application. The Court ADMITS Attorney Julian Hammond for Steven Eilerman, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 8 APPLICATION for Leave to Appear Pro Hac Vice (receipt #0981-4427461) by Plaintiff Steven Eilerman (Bodien, India) |
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Filing 7
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 8/24/2016, FRCP 26f Conference Deadline is 8/3/2016, Initial Disclosure Deadline is 8/17/2016, by Judge Benjamin H. Settle. (TG)
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Filing 6
MINUTE ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Benjamin H. Settle. (TG)
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| Filing 5 LETTER from Clerk to counsel re receipt of case from Pierce County Superior Court and advising of WAWD case number and judge assignment. (GMR) |
| Judge Benjamin H. Settle added. (GMR) |
| Filing 4 VERIFICATION OF STATE COURT RECORDS re #1 Notice of Removal by Defendant McLane Company, Inc. (Attachments: #1 Exhibit Exhibit A)(Huebner, Kasey) |
| Filing 3 CIVIL COVER SHEET re #1 Notice of Removal ; filed by Defendant McLane Company, Inc.. (Huebner, Kasey) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent National Indemnity Company, Corporate Parent GEICO Corporation, Corporate Parent Berkshire Hathaway, Inc., Corporate Parent OBH, Inc. for McLane Company, Inc.. Filed pursuant to Fed.R.Civ.P 7.1. Filed by McLane Company, Inc. (Huebner, Kasey) |
| Filing 1 NOTICE OF REMOVAL from Pierce County Superior Court, case number 16-2-06259-3; (Receipt # 0981-4423573), filed by McLane Company, Inc.. (Attachments: #1 Complaint Ex A, pp 15-28 Complaint, #2 Exhibit Exs B-F, pp 29-42)(Huebner, Kasey) Modified on 4/25/2016 to correct typo only (GMR). |
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