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02/15/2023
(#21) TEXT ORDER: COURT REVIEWED PLAINTIFF'S LETTER MOTION (DKT. NO. #20 ) FOR AN EXTENSION OF TIME TO SERVE AND SUBSTITUTE THE ESTATE OF DECEASED DEFENDANT LORENZ AS THE PROPER DEFENDANT. COURT CONSTRUES THE LETTER AS A "STATEMENT NOTING THE DEATH" PER FRCP 25(A) OF DEFENDANT LORENZ AND THE LETTER MOTION IS GRANTED AS FOLLOWS: PLAINTIFF'S TIME TO SUBSTITUTE AND SERVE THE ESTATE OF LORENZ IS EXTENDED TO 5/16/2023 OR TO 30 DAYS AFTER THE PUBLIC ADMINISTRATOR IS APPOINTED FOR THE ESTATE, WHICHEVER IS SOONER. PLAINTIFF IS DIRECTED TO FILE A STATUS REPORT BY REGARDING THE PROCEEDING TO HAVE A PUBLIC ADMINISTRATOR APPOINTED BY 3/31/2023. THE 2/23/2023 RULE 16 CONFERENCE AND RELATED DEADLINES ARE ADJOURNED AND WILL BE RESCHEDULED IN DUE COURSE. SO ORDERED BY MAGISTRATE JUDGE THERESE WILEY DANCKS ON 2/15/2023. (SG) (ENTERED: 02/15/2023)
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02/15/2023
(#20) LETTER MOTION FROM EARL S. WARD FOR ANTHONY J. BROADWATER REQUESTING AN EXTENSION OF TIME TO SERVE GEORGE LORENZ SUBMITTED TO JUDGE THRSE WILEY DANCKS, DATED FEBRUARY 15, 2023. (SELVER, MAX) (ENTERED: 02/15/2023)
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03/09/2023
REMARK: PRO HAC VICE MOTION(S) GRANTED FOR DAVID A CORTMAN ON BEHALF OF PLAINTIFF ARIZONA CHRISTIAN UNIVERSITY. THIS IS A TEXT ENTRY ONLY. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (BAS) (ENTERED: 03/09/2023)
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03/09/2023
(#9) SUMMONS ISSUED AS TO JENNI ABBOTT-BAYARDI, KYLE CLAYTON, NIKKIE GOMEZ-WHALEY, LINDSEY PETERSON, TAMILLIA VALENZUELA, WASHINGTON ELEMENTARY SCHOOL DISTRICT NO. 6. (BAS). *** IMPORTANT: WHEN PRINTING THE SUMMONS, SELECT "DOCUMENT AND STAMPS" OR "DOCUMENT AND COMMENTS" FOR THE SEAL TO APPEAR ON THE DOCUMENT. (ENTERED: 03/09/2023)
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03/15/2023
(#18) NOTICE OF APPEARANCE BY WHITNEY A. BROWN ON BEHALF OF CONOCOPHILLIPS ALASKA, INC. (BROWN, WHITNEY) (ENTERED: 03/15/2023)
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03/15/2023
(#17) CORPORATE DISCLOSURE STATEMENT BY ARCTIC SLOPE REGIONAL CORPORATION. (BOSSHARDT, STACEY) (ENTERED: 03/15/2023)
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12/14/2022
(#65) +++ SEALED DOCUMENT - ORIGINAL ORDER APPROVING PAYMENT OF ATTORNEYS' FEES, EXPENSES, AND SERVICE AWARDS FROM CLASS ACTION SETTLEMENT FUND UNREDACTED (JS) (ENTERED: 12/15/2022)
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12/14/2022
(#64) ORDER APPROVING PAYMENT OF ATTORNEYS' FEES, EXPENSES, AND SERVICE AWARDS FROM CLASS ACTION SETTLEMENT FUND. ENTERED BY JUDGE JAMES E. SHADID ON 12/14/2022. (JS) (ENTERED: 12/15/2022)
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02/28/2023
(#10) SUMMONS ISSUED AS TO DEFENDANTS DARYL GREEN, MARLON LYNCH, MICHIGAN STATE UNIVERSITY BOARD OF TRUSTEES (MLC) (ENTERED: 02/28/2023)
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02/27/2023
(#9) PROPOSED SUMMONS TO BE ISSUED RE #1 (ABDNOUR, ELIZABETH) (ENTERED: 02/27/2023)
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03/20/2023
(#4) SUMMONS ISSUED AS TO MOM'S ORGANIC HOLDING CO., MOM'S ORGANIC MARKET, INC.. FORWARDED TO: LIBERATO P. VERDERAME ON 3/20/23 (FDC) (ENTERED: 03/20/2023)
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03/20/2023
(#3) NOTICE OF APPEARANCE BY MARC H. EDELSON ON BEHALF OF ELIZABETH W. WILSON (EDELSON, MARC) (ENTERED: 03/20/2023)
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03/24/2023
(#40) CLERK'S JUDGMENT: THAT GOLDMAN SACHS'S MOTION IS GRANTED IN PART; THAT THE COURT DECLINES TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFF'S STATE LAW CLAIMS; AND THAT THE MATTER IS DISMISSED IN ITS ENTIRETY. SIGNED BY BRENNA B. MAHONEY, CLERK OF COURT BY J. POVEDA, DEPUTY CLERK ON 3/24/2023. (ML) (ENTERED: 03/24/2023)
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03/23/2023
(#39) MEMORANDUM AND ORDER: FOR THE REASONS STATED IN THE ATTACHED MEMORANDUM AND ORDER, THE COURT GRANTS GOLDMAN SACHS'S #34 MOTION IN PART, DECLINES TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFF'S STATE LAW CLAIMS, AND DISMISSES THE MATTER IN ITS ENTIRETY. THE CLERK OF COURT IS RESPECTFULLY DIRECTED TO ENTER JUDGMENT ACCORDINGLY AND TERMINATE THIS ACTION. ORDERED BY JUDGE PAMELA K. CHEN ON 3/23/2023. (YB) (ENTERED: 03/23/2023)
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03/07/2023
(#46) ORDER: IN LIGHT OF #45 NOTICE OF JOINT STIPULATION FOR DISMISSAL, THE CLERK IS DIRECTED TO CLOSE THIS CASE. SIGNED BY JUDGE JOHN ANTOON II ON 3/7/2023. (CW) (ENTERED: 03/07/2023)
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03/07/2023
(#45) STIPULATION OF DISMISSAL NOTICE OF JOINT STIPULATION FOR DISMISSAL BY NEVILLE C BROOKS. (FERNANDEZ, JACK) (ENTERED: 03/07/2023)
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03/24/2023
(#7) NOTICE OF APPEARANCE BY DAWN SESTITO (SESTITO, DAWN) (FILED ON 3/24/2023) (ENTERED: 03/24/2023)
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03/24/2023
(#6) CERTIFICATE OF SERVICE BY AIRBNB PAYMENTS, INC., AIRBNB, INC. RE #1 NOTICE OF REMOVAL, #2 CERTIFICATE OF INTERESTED ENTITIES, #3 NOTICE OF APPEARANCE (TAYLOR, DAMALI) (FILED ON 3/24/2023) (ENTERED: 03/24/2023)
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03/07/2023
(#58) NOTICE OF WITHDRAWAL OF APPEARANCE BY HILLARY B. WEINSTEIN ON BEHALF OF ALL PLAINTIFFS (WEINSTEIN, HILLARY) (ENTERED: 03/07/2023)
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03/03/2023
(#57) MOTION FOR APPROVAL OF CLASS ACTION SETTLEMENT & DIRECTING ISSUANCE OF NOTICE FILED BY JACQUELINE MOLLOY, PAUL MOLLOY.MEMORANDUM, DECLARATION, CERTIFICATE OF SERVICE. (ATTACHMENTS: #1 EXHIBIT EXHIBITS 1-4)(SENOFF, DAVID) (ENTERED: 03/03/2023)
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02/22/2023
(#21) JUDGMENT ENTERED IN FAVOR OF DEFENDANTS LORI BICA, JOSHUA CLEMENTS, EAU CLAIRE AREA SCHOOL DISTRICT, WISCONSIN, STEPHANIE FARRAR, MARQUELL JOHNSON, MICHAEL JOHNSON, PHIL LYONS, TIM NORDIN, ERICA ZERR DISMISSING THE CASE. (JAT) (ENTERED: 02/22/2023)
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02/21/2023
(#20) ORDER: IT IS ORDERED THAT DEFENDANTS' MOTION TO DISMISS, DKT. #11 , IS GRANTED, AND THEMOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF, DKT. #10 , IS DENIED AS UNNECESSARY. THE CASE IS DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION. SIGNED BY MAGISTRATE JUDGE STEPHEN L. CROCKER ON 2/21/2023. (VOC) (ENTERED: 02/21/2023)
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03/02/2023
(#64) NOTICE OF HEARING: TELEPHONE CONFERENCE SET FOR 3/3/2023 AT 10:00 AM BEFORE MAGISTRATE JUDGE JOHN C. NIVISON. THE PARTIES HAVE BEEN PROVIDED WITH THE COURT'S CALL-IN INFORMATION. (MFS) (ENTERED: 03/02/2023)
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02/28/2023
(#63) ORDER GRANTING #45 MOTION TO INTERVENE; MOOTING #45 MOTION TO PARTICIPATE AS AMICUS CURIAE; MOOTING #45 MOTION TO EXTEND TIME TO RESPOND TO THE MOTION FOR PRELIMINARY INJUNCTION. BY JUDGE LANCE E. WALKER. (MMY) (ENTERED: 02/28/2023)
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03/22/2023
(#83) MEMORANDUM DECISION AND ORDER: GRANTING #60 MOTION TO DISMISS. DEFENDANTS' MOTION TO DISMISS THIS ACTION AS TO DEFENDANT MA IS GRANTED. DEFENDANTS'MOTION TO DISMISS PLAINTIFFS' ANT CLAIMS IN COUNTS ONE AND TWO AGAINST ALL DEFENDANTS IS GRANTED. DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' EXCLUSIVITY PRACTICES CLAIMS IN COUNTS ONE AND TWO IS DENIED. THE CLERK OF COURT IS ORDERED TO CLOSE THE OPEN MOTION AT ECF NO. 60. SO ORDERED. (SIGNED BY JUDGE GEORGE B. DANIELS ON 3/22/2023) (AMA) (MAIN DOCUMENT 83 REPLACED ON 3/22/2023) (AMA). (ENTERED: 03/22/2023)
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01/30/2023
(#82) NOTICE OF FILING OF OFFICIAL TRANSCRIPT NOTICE IS HEREBY GIVEN THAT AN OFFICIAL TRANSCRIPT OF A CONFERENCE PROCEEDING HELD ON 1/11/2023 HAS BEEN FILED BY THE COURT REPORTER/TRANSCRIBER IN THE ABOVE-CAPTIONED MATTER. THE 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...FILED IN ASSOCIATED CASES: 1:20-CV-09568-GBD-JW, 1:20-CV-10267-GBD, 1:21-CV-00136-GBD.(MCGUIRK, KELLY) (ENTERED: 01/30/2023)
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03/16/2023
(#5) ATTORNEY APPEARANCE FOR PLAINTIFF TYRONE BRANTLEY BY MICHAEL FRANCIS RAM (RAM, MICHAEL) (ENTERED: 03/16/2023)
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03/15/2023
(#4) ATTORNEY APPEARANCE FOR PLAINTIFF TYRONE BRANTLEY BY MARIE NOEL APPEL (APPEL, MARIE) (ENTERED: 03/15/2023)
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03/24/2023
NOTICE OF JUDGE ASSIGNMENT: CASE ASSIGNED TO CHIEF DISTRICT JUDGE ERIC F. MELGREN AND MAGISTRATE JUDGE RACHEL E. SCHWARTZ FOR ALL PROCEEDINGS. (THIS IS A TEXT ENTRY ONLY. THERE IS NO.PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A UNITED STATES MAGISTRATE JUDGE IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION IF ALL PARTIES VOLUNTARILY CONSENT. INFORMATION & CONSENT FORMS ARE AVAILABLE AT HTTP://WWW.USCOURTS.GOV/FORMS/CIVIL-FORMS/NOTICE-CONSENT-AND-REFERENCE-CIVIL-ACTION-MAGISTRATE-JUDGE (JK) (ENTERED: 03/24/2023)
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03/24/2023
(#2) CIVIL COVER SHEET BY PLAINTIFFS ESTATE OF C. L. J. C., CARLA CRAWFORD. (BOYD, GRANT) MODIFIED ON 3/24/2023 TO CORRECT PLAINTIFF'S NAME AND RESTRICT ORIGINAL FILING THAT CONTAINED MINOR CHILD'S NAME. (JK) (ADDITIONAL ATTACHMENT(S) ADDED ON 3/24/2023: #1 *CORRECTED MAIN DOCUMENT*) (JK). (ENTERED: 03/24/2023)
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03/14/2023
(#41) ORDER GRANTING IN PART AND DENYING IN PART #33 MOTION TO DISMISS; DEFENDANTS MOTION TO DISMISS THE AMENDED COMPLAINT IS GRANTED WITHOUT PREJUDICE; DEFENDANTS MOTION TO STRIKE THE ALLEGATIONS THEREIN IS DENIED; PLAINTIFF IS GRANTED LEAVE TO FILE A FINAL SECOND AMENDED COMPLAINT BY 4/14/2023. SIGNED BY JUDGE ZAHID N. QURAISHI ON 3/14/2023. (JAL, ) (ENTERED: 03/14/2023)
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03/14/2023
(#40) OPINION FILED. SIGNED BY JUDGE ZAHID N. QURAISHI ON 3/14/2023. (JAL, ) (ENTERED: 03/14/2023)
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03/17/2023
(#4) SUMMONS ISSUED AS TO INSTANT BRANDS, INC., VIA CERTIFIED U.S. MAIL ON THIS THE 17TH DAY OF MARCH, 2023. (JLC) (ENTERED: 03/17/2023)
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03/14/2023
FILING FEE RECEIVED IN THE AMOUNT OF $402.00, CREDIT CARD RECEIPT_NUMBER AALNDC-4293636< NDAL RECEIPT #B4261. (BROSS, WILLIAM) MODIFIED ON 3/14/2023 (JLC). (ENTERED: 03/14/2023)
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03/20/2023
(#814) NOTICE OF MOTION AND MOTION FOR ATTORNEY FEES , EXPENSE REIMBURSEMENT, AND INCENTIVE AWARD FILED BY OBJECTOR M. TODD HENDERSON. MOTION SET FOR HEARING ON 4/17/2023 AT 01:30 PM BEFORE JUDGE CORMAC J. CARNEY. (ATTACHMENTS: #1 DECLARATION OF THEODORE H. FRANK, #2 PROPOSED ORDER) (FRANK, THEODORE) (ENTERED: 03/20/2023)
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03/03/2023
(#813) NOTICE OF MOTION AND MOTION FOR SETTLEMENT APPROVAL OF THE NEW SETTLEMENT AND AWARD OF ATTORNEYS' EXPENSES AND PLAINTIFFS' SERVICE AWARDS FILED BY PLAINTIFF MICHELE ANDRADE, ROBERT BRISENO, JILL CROUCH, ERIKA HEINS, DEE HOPPER-KERCHEVAL, RONA JOHNSTON, KELLY MCFADDEN, PAULINE MICHAEL, NECLA MUSAT, JULIE PALMER, CHERI SHAFSTALL, MAUREEN TOWEY, ANITA WILLMAN. (ATTACHMENTS: #1 DECLARATION [REDACTED] JOINT DECLARATION OF ARIANA J. TADLER, ADAM LEVITT, AND DAVID AZAR IN SUPPORT OF PLAINTIFFS' MOTION FOR FINAL APPROVAL OF NEW SETTLEMENT, #2 PROPOSED ORDER) (AZAR, DAVID) (ENTERED: 03/03/2023)
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03/27/2023
(#176) TRANSCRIPT OF SETTLEMENT CONFERENCE HELD ON 03/06/2023 BEFORE JUDGE DANIEL C. IRICK. COURT REPORTER/TRANSCRIBER: HEATHER SUAREZ, RMR, CRR, FCRR, FPR. EMAIL ADDRESS: HEATHERSUAREZ.USOCR@GMAIL.COM. TELEPHONE NUMBER: (407) 801-8921. NOTICE TO THE PARTIES - THE 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 AVAILABLE TO THE PUBLIC WITHOUT REDACTION AFTER NINETY (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 OR PURCHASED THROUGH THE COURT REPORTER. REDACTION REQUEST DUE 4/17/2023. REDACTED TRANSCRIPT DEADLINE SET FOR 4/27/2023. RELEASE OF TRANSCRIPT RESTRICTION SET FOR 6/26/2023. (HLS) (ENTERED: 03/27/2023)
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03/27/2023
(#175) TRANSCRIPT OF STATUS CONFERENCE HELD ON 03/07/2023 BEFORE JUDGE WENDY W. BERGER. COURT REPORTER: HEATHER SUAREZ, RMR, CRR, FCRR, FPR. EMAIL ADDRESS: HEATHERSUAREZ.USOCR@GMAIL.COM. TELEPHONE NUMBER: (407) 801-8921. NOTICE TO THE PARTIES - THE 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 AVAILABLE TO THE PUBLIC WITHOUT REDACTION AFTER NINETY (90) CALENDAR DAYS. TRANSCRIPT MAY BE VIEWED AT THE COURT PUBLIC TERMINAL OR PURCHASED THROUGH THE COURT REPORTER BEFORE THE DEADLINE FOR RELEASE OF TRANSCRIPT RESTRICTION. AFTER THAT DATE IT MAY BE OBTAINED THROUGH PACER OR PURCHASED THROUGH THE COURT REPORTER. REDACTION REQUEST DUE 4/17/2023. REDACTED TRANSCRIPT DEADLINE SET FOR 4/27/2023. RELEASE OF TRANSCRIPT RESTRICTION SET FOR 6/26/2023. (HLS) (ENTERED: 03/27/2023)
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02/27/2023
(#166) ORDER BY JUDGE HAYWOOD S. GILLIAM, JR. GRANTING #155 FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND #146 MOTION FOR ATTORNEYS FEES. MOTIONS (STIPULATED FINAL JUDGMENT) DUE BY 3/20/2023. (NDR, COURT STAFF) (FILED ON 2/27/2023) (ENTERED: 02/27/2023)
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02/08/2023
(#165) JOINT STATUS REPORT REGARDING SETTLEMENT CLAIMS BY KATHLEEN SMITH. (ATTACHMENTS: #1 DECLARATION DECLARATION OF SCOTT FENWICK IN CONNECTION WITH JOINT STATUS REPORT)(HIRSCH, HOWARD) (FILED ON 2/8/2023) (ENTERED: 02/08/2023)
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03/16/2023
(#8) 21 DAY SUMMONS ISSUED RE COMPLAINT (ATTORNEY CIVIL CASE OPENING) #1 AS TO DEFENDANT CEREBRAL, INC. (JTIL) (ENTERED: 03/16/2023)
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03/15/2023
(#7) NOTICE TO COUNSEL RE CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE. (JTIL) (ENTERED: 03/15/2023)
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03/15/2023
(#35) TEXT ONLY ENTRY. ACTION DISMISSED WITHOUT PREJUDICE PURSUANT TO FED. R. CIV. P. 41(A)(1)(A)(I). (DLO) (ENTERED: 03/15/2023)
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03/14/2023
(#34) NOTICE OF VOLUNTARY DISMISSAL BY ALL PLAINTIFFS (BERGER, MATTHEW) (ENTERED: 03/14/2023)
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03/09/2023
CLERK'S NOTICE: PURSUANT TO LOCAL RULE 73.1(B), A UNITED STATES MAGISTRATE JUDGE OF THIS COURT IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION. IF ALL PARTIES CONSENT TO HAVE THE CURRENTLY ASSIGNED UNITED STATES MAGISTRATE JUDGE CONDUCT ALL PROCEEDINGS IN THIS CASE, INCLUDING TRIAL, THE ENTRY OF FINAL JUDGMENT, AND ALL POST-TRIAL PROCEEDINGS, ALL PARTIES MUST SIGN THEIR NAMES ON THE ATTACHED #CONSENT TO# FORM. THIS CONSENT FORM IS ELIGIBLE FOR FILING ONLY IF EXECUTED BY ALL PARTIES. THE PARTIES CAN ALSO EXPRESS THEIR CONSENT TO JURISDICTION BY A MAGISTRATE JUDGE IN ANY JOINT FILING, INCLUDING THE JOINT INITIAL STATUS REPORT OR PROPOSED CASE MANAGEMENT ORDER. (LM, ) (ENTERED: 03/09/2023)
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03/09/2023
CASE ASSIGNED TO THE HONORABLE MARTHA M. PACOLD. DESIGNATED AS MAGISTRATE JUDGE THE HONORABLE GABRIEL A. FUENTES. CASE ASSIGNMENT: RANDOM ASSIGNMENT. (LM, ) (ENTERED: 03/09/2023)
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03/27/2023
(#59) COURT NOTICE OF HEARING: INITIAL CONFERENCE SET FOR 4/26/2023 @ 10:30 AM BEFORE MAGISTRATE JUDGE CHRISTIAN F. HUMMEL. THE CIVIL CASE MANAGEMENT PLAN MUST BE FILED AND MANDATORY DISCLOSURES ARE TO BE EXCHANGED BY THE PARTIES ON OR BEFORE 4/19/2023. (PURSUANT TO LOCAL RULE 26.2, MANDATORY DISCLOSURES ARE TO BE EXCHANGED AMONG THE PARTIES BUT ARE NOT TO BE FILED WITH THE COURT.) THE CONFERENCE WILL BE CONDUCTED BY TELEPHONE. THE COURT WILL ISSUE A SEPARATE NOTICE SETTING FORTH THE INSTRUCTIONS TO CONNECT TO THE CONFERENCE CALL IN ADVANCE OF THE SCHEDULED DATE AND TIME.(TAB) (ENTERED: 03/27/2023)
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03/23/2023
(#58) DECISION AND ORDER: IT IS ORDERED THAT AMICI'S MOTION FOR LEAVE TO FILE AN AMICUS BRIEF, DKT. NO. #49 , IS GRANTED. DEFENDANT WAL-MART ASSOCIATES, INC.'S MOTION FOR THE COURT TO AMEND ITS MARCH 24, 2022 DECISION AND ORDER SO AS TO CERTIFY THAT ORDER FOR IMMEDIATE INTERLOCUTORY APPEAL, AND TO STAY FURTHER PROCEEDINGS IN THIS MATTER PENDING THAT INTERLOCUTORY APPEAL'S DISPOSITION, DKT. NO. #40 , IS DENIED. SIGNED BY SENIOR JUDGE THOMAS J. MCAVOY ON MARCH 23, 2023. (ZTC) (ENTERED: 03/23/2023)
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03/14/2023
(#40) ORDER SIGNED BY SENIOR JUDGE WILLIAM B. SHUBB ON 3/14/2023 RE #34 PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #34 : COUNSEL ON BOTH SIDES SHALL SIMULTANEOUSLY SUBMIT SUPPLEMENTAL BRIEFING ADDRESSING THE CONCERNS (OUTLINED IN THIS ORDER) ON OR BEFORE 4/7/2023. A FURTHER HEARING WILL BE HELD ON 4/17/2023 AT 01:30 PM IN COURTROOM 5 (WBS) BEFORE SENIOR JUDGE WILLIAM B. SHUBB. (SEE ORDER FOR FURTHER DETAILS.) (KIRKSEY SMITH, K) (ENTERED: 03/14/2023)
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03/06/2023
(#39) MINUTES (TEXT ONLY) FOR PROCEEDINGS HELD BEFORE SENIOR JUDGE WILLIAM B. SHUBB: MOTION HEARING HELD ON 3/6/2023 RE PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #34 . COURT CONFERS WITH COUNSEL RE THE PENDING MOTION. PLAINTIFF'S COUNSEL INFORMS THE COURT THAT THERE IS A NUMERICAL ERROR IN THE PLEADINGS. COURT TO REVIEW THE PLEADINGS APPLYING THE STATED CORRECTIONS, AS NOTED ON THE RECORD, AND WILL NOTIFY COUNSEL IF THE MATTER IS SUBMITTED OR IF A FURTHER HEARING IS NECESSARY. COURT TO ISSUE A SEPARATE ORDER. PLAINTIFF'S COUNSEL ROBERT WASSERMANN PRESENT. DEFENDANT'S COUNSEL LEO LI PRESENT. COURT REPORTER: JENNIFER COULTHARD. (KIRKSEY SMITH, K) (ENTERED: 03/06/2023)
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03/20/2023
(#442) MEMORANDUM IN SUPPORT RE #441 EMERGENCY MOTION FOR CERTIFICATE OF APPEALABILITY FILED BY MICHAEL A. PEEL, THE RETIREMENT PLAN FIDUCIARY COMMITTEE, YALE UNIVERSITY. (ROSS, NANCY) (ENTERED: 03/20/2023)
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03/20/2023
(#441) EMERGENCY MOTION FOR CERTIFICATE OF APPEALABILITY BY MICHAEL A. PEEL, THE RETIREMENT PLAN FIDUCIARY COMMITTEE, YALE UNIVERSITY. (ATTACHMENTS: #1 TEXT OF PROPOSED ORDER)(ROSS, NANCY) (ENTERED: 03/20/2023)
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03/21/2023
(#78) TRANSCRIPT ORDER FOR PROCEEDINGS HELD ON 3/16/2023 BEFORE JUDGE JACQUELINE SCOTT CORLEY BY THOMPSON REUTERS, FOR COURT REPORTER NOT LISTED - SAN FRANCISCO. (KNM, COURT STAFF) (FILED ON 3/21/2023) (ENTERED: 03/22/2023)
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03/21/2023
(#76) TRANSCRIPT ORDER FOR PROCEEDINGS HELD ON 3/16/23 BEFORE JUDGE JACQUELINE SCOTT CORLEY BY MICROSOFT CORPORATION, FOR COURT REPORTER NOT LISTED - SAN FRANCISCO. (RICE, TANIA) (FILED ON 3/21/2023) (ENTERED: 03/21/2023)
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03/15/2023
(#5) ORDER GOVERNING SEALING CONFIDENTIAL INFORMATIONSIGNED BY DISTRICT JUDGE KATHERINE A CRYTZER ON 3/15/2023. (DJH) (ENTERED: 03/15/2023)
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03/15/2023
(#4) ORDER GOVERNING MOTIONS TO DISMISSSIGNED BY DISTRICT JUDGE KATHERINE A CRYTZER ON 3/15/2023. (DJH) (ENTERED: 03/15/2023)
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02/23/2023
(#643) AMENDED MEMORANDUM OPINION AND ORDER SIGNED BY THE HONORABLE JOHN J. THARP, JR ON 2/23/2023. MAILED NOTICE(AIR, ) (ENTERED: 02/23/2023)
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02/23/2023
(#642) MINUTE ENTRY BEFORE THE HONORABLE JOHN J. THARP, JR:THE PLAINTIFFS' UNOPPOSED MOTION TO CORRECT A TYPOGRAPHIC ERROR IN THE COURT'S MEMORANDUM OPINION AND ORDER #641 IS GRANTED. ENTER AMENDED MEMORANDUM OPINION AND ORDER. MAILED NOTICE (AIR, ) (ENTERED: 02/23/2023)
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03/16/2023
(#97) CIVIL CASE TERMINATED PURSUANT TO THE MINUTE ORDER 96 FILED IN THIS CASE ON 3/16/2023. TEXT ONLY ENTRY. (TRVO, ) (ENTERED: 03/17/2023)
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03/16/2023
(#96) MINUTE ORDER: THIS MATTER IS BEFORE THE COURT ON THE JOINT MOTION TO DISMISS WITH PREJUDICE ("MOTION") #95 . THE COURT CONSTRUES THE MOTION AS SELF-EFFECTUATING PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(A)(1)(A)(II), WHICH PROVIDES THAT THE PLAINTIFF MAY DISMISS AN ACTION WITHOUT A COURT ORDER BY FILING "A STIPULATION OF DISMISSAL SIGNED BY ALL PARTIES WHO HAVE APPEARED." ACCORDINGLY, THE CLERK OF COURT IS DIRECTED TO TERMINATE THIS CASE. BY JUDGE NINA Y. WANG ON 3/16/2023. TEXT ONLY ENTRY (NYWLC3, ) (ENTERED: 03/16/2023)
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03/15/2023
CLERK'S NOTICE: PURSUANT TO LOCAL RULE 73.1(B), A UNITED STATES MAGISTRATE JUDGE OF THIS COURT IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION. IF ALL PARTIES CONSENT TO HAVE THE CURRENTLY ASSIGNED UNITED STATES MAGISTRATE JUDGE CONDUCT ALL PROCEEDINGS IN THIS CASE, INCLUDING TRIAL, THE ENTRY OF FINAL JUDGMENT, AND ALL POST-TRIAL PROCEEDINGS, ALL PARTIES MUST SIGN THEIR NAMES ON THE ATTACHED #CONSENT TO# FORM. THIS CONSENT FORM IS ELIGIBLE FOR FILING ONLY IF EXECUTED BY ALL PARTIES. THE PARTIES CAN ALSO EXPRESS THEIR CONSENT TO JURISDICTION BY A MAGISTRATE JUDGE IN ANY JOINT FILING, INCLUDING THE JOINT INITIAL STATUS REPORT OR PROPOSED CASE MANAGEMENT ORDER. (JB, ) (ENTERED: 03/15/2023)
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03/15/2023
CASE ASSIGNED TO THE HONORABLE EDMOND E. CHANG. DESIGNATED AS MAGISTRATE JUDGE THE HONORABLE SUSAN E. COX. CASE ASSIGNMENT: RANDOM ASSIGNMENT. (JB, ) (ENTERED: 03/15/2023)
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02/22/2023
NOTICE OF HEARING: FAIRNESS HEARING SET FOR 6/21/2023 AT 10:00 AM IN ATLA COURTROOM 1905 BEFORE JUDGE MARK H. COHEN. SEE #73 ORDER FOR DETAILS. (LME) (ENTERED: 02/22/2023)
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02/22/2023
(#73) ORDER GRANTING #71 MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. SIGNED BY JUDGE MARK H. COHEN ON 2/22/2023. (DOB) (ENTERED: 02/22/2023)
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03/20/2023
(#102) MINUTE ORDER SIGNED BY DISTRICT JUDGE ANA DE ALBA ON 3/20/2023: (TEXT ONLY ENTRY) THE PARTIES ARE ADVISED THAT PURSUANT TO THE UNDERSIGNED'S STANDING ORDER AND LOCAL RULE 230(G), THE RECENTLY FILED #101 MOTION FOR PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT WILL BE DECIDED ON THE PAPERS. NO HEARING WILL BE CALENDARED. LOCAL RULE 230, AS REVISED MARCH 1, 2022, WILL GOVERN THE FILING OF OPPOSITIONS AND REPLIES. THE PARTIES ARE FURTHER ADVISED THAT DUE TO THE JUDICIAL RESOURCE EMERGENCY AND COVID PANDEMIC, THERE ARE MORE THAN 130 MOTIONS CURRENTLY UNDER SUBMISSION IN JUDGE DE ALBA'S RECENTLY RE-ASSIGNED CASELOAD. THE COURT UNDERSTANDS THE IMPACT THAT SUCH A BACKLOG HAS ON THE PARTIES AND IS WORKING TO RESOLVE ALL PENDING MOTIONS EXPEDITIOUSLY. UNFORTUNATELY, DESPITE ALL DILIGENT EFFORTS, IT MAY STILL BE MONTHS BEFORE THE PARTIES' PENDING MOTION IS RESOLVED. THE COURT APPRECIATES YOUR CONTINUED PATIENCE AND REMINDS THE PARTIES THAT MAGISTRATE JUDGE CONSENT MAY ALLEVIATE SOME OF THE DELAYS CAUSED BY THE RESOURCE EMERGENCY.(HERNANDEZ, M) (ENTERED: 03/20/2023)
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03/17/2023
(#101) MOTION PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT BY JACQUELINE CARLINO. MOTION HEARING SET FOR 4/24/2023 AT 01:30 PM IN COURTROOM 1 (ADA) BEFORE DISTRICT JUDGE ANA DE ALBA. (ATTACHMENTS: #1 MEMORANDUM POINTS & AUTHORITIES, #2 APPENDIX COMPENDIUM OF EVIDENCE, #3 EXHIBIT 1 TO COMPENDIUM OF EVIDENCE (HAYES DECLARATION), #4 EXHIBIT 2 TO COMPENDIUM OF EVIDENCE (SETTLEMENT), #5 EXHIBIT 3 TO COMPENDIUM OF EVIDENCE (PLAINTIFF'S DECL), #6 EXHIBIT 4 TO COMPENDIUM OF EVIDENCE (ADMINISTRATION QUOTE), #7 PROPOSED ORDER)(HAYES, MATTHEW) (ENTERED: 03/17/2023)
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02/24/2023
(#46) ORDER GRANTING #43 AMENDED MOTION FOR CLASS CERTIFICATION AS OUTLINED HEREIN. SIGNED BY HONORABLE GERALD A. MCHUGH ON 2/24/23. 2/24/23 ENTERED AND COPIES E-MAILED. (VA) (ENTERED: 02/24/2023)
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02/24/2023
(#45) MEMORANDUM SIGNED BY HONORABLE GERALD A. MCHUGH ON 2/24/23. 2/24/23 ENTERED AND COPIES E-MAILED. (VA) (ENTERED: 02/24/2023)
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03/02/2023
(#4) AO 120 - REPORT ON THE FILING OF AN ACTION REGARDING A PATENT OR TRADEMARK. E-MAILED TO THE US PATENT AND TRADEMARK OFFICE. (HAM) (ENTERED: 03/02/2023)
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03/02/2023
(#3) SUMMONS ISSUED AS TO NFL PROPERTIES LLC, RAIDERS FOOTBALL CLUB, LLC RE #1 COMPLAINT. (HAM) (ENTERED: 03/02/2023)
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03/27/2023
(#7) ATTORNEY APPEARANCE FOR PLAINTIFF COMMODITY FUTURES TRADING COMMISSION BY ROBERT THOMAS HOWELL, III (HOWELL, ROBERT) (ENTERED: 03/27/2023)
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03/27/2023
(#6) ATTORNEY APPEARANCE FOR PLAINTIFF COMMODITY FUTURES TRADING COMMISSION BY SCOTT ROBERT WILLIAMSON (WILLIAMSON, SCOTT) (ENTERED: 03/27/2023)
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03/15/2023
(#59) MEMORANDUM OPINION AND ORDER SIGNED BY THE HONORABLE STEVEN C. SEEGER ON 3/15/2023. FOR THE FOREGOING REASONS, THE MOTION TO COMPEL ARBITRATION IS DENIED. MAILED NOTICE. (JJR, ) (ENTERED: 03/15/2023)
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12/29/2022
(#58) ANNUAL REMINDER: PURSUANT TO #LOCAL RULE 3.2 (NOTIFICATION OF AFFILIATES)#, ANY NONGOVERNMENTAL PARTY, OTHER THAN AN INDIVIDUAL OR SOLE PROPRIETORSHIP, MUST FILE A STATEMENT IDENTIFYING ALL ITS AFFILIATES KNOWN TO THE PARTY AFTER DILIGENT REVIEW OR, IF THE PARTY HAS IDENTIFIED NO AFFILIATES, THEN A STATEMENT REFLECTING THAT FACT MUST BE FILED. AN AFFILIATE IS DEFINED AS FOLLOWS: ANY ENTITY OR INDIVIDUAL OWNING, DIRECTLY OR INDIRECTLY (THROUGH OWNERSHIP OF ONE OR MORE OTHER ENTITIES), 5% OR MORE OF A PARTY. THE STATEMENT IS TO BE ELECTRONICALLY FILED AS A PDF IN CONJUNCTION WITH ENTERING THE AFFILIATES IN CM/ECF AS PROMPTED. AS A REMINDER TO COUNSEL, PARTIES MUST SUPPLEMENT THEIR STATEMENTS OF AFFILIATES WITHIN THIRTY (30) DAYS OF ANY CHANGE IN THE INFORMATION PREVIOUSLY REPORTED. THIS MINUTE ORDER IS BEING ISSUED TO ALL COUNSEL OF RECORD TO REMIND COUNSEL OF THEIR OBLIGATION TO PROVIDE UPDATED INFORMATION AS TO ADDITIONAL AFFILIATES IF SUCH UPDATING IS NECESSARY. IF COUNSEL HAS ANY QUESTIONS REGARDING THIS PROCESS, THIS #LINK# WILL PROVIDE ADDITIONAL INFORMATION. SIGNED BY THE EXECUTIVE COMMITTEE ON 12/29/2022: MAILED NOTICE. (TG, ) (ENTERED: 12/29/2022)
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02/24/2023
(#19) REQUEST FOR ISSUANCE OF AMENDED SUMMONS AS TO A & M TASTY SNACKS, INC., AHMED MOHAMED, AND MEDHAT ELSHERBINY, RE: #16 AMENDED COMPLAINT. DOCUMENT FILED BY FELIX DIAZ..(LEVIN-EPSTEIN, JOSHUA) (ENTERED: 02/24/2023)
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02/22/2023
(#18) ORDER OF DISMISSAL: IT IS ORDERED THIS 22 DAY OF FEBRUARY, 2023, THAT, FOLLOWING PLAINTIFF'S FILING OF AN AMENDED COMPLAINT (DKT. NO. 16) SOLELY AGAINST A & M TASTY SNACKS, INC., AHMED MOHAMED, AND MEDHAT ELSHERBINY, THE DEFENDANTS UTZ QUALITY FOODS, INC. AND UTZ QUALITY FOODS, LLC (COLLECTIVELY, "UTZ") ARE HEREBY DISMISSED AS DEFENDANTS AS TO ALL CAUSES OF ACTION, WITHOUT PREJUDICE; AND IT IS FURTHER ORDERED THAT THE CLERK CHANGE THE FORMAL NAME OF THE CASE ON THE COURT'S DOCKET FROM "DIAZ V. UTZ QUALITY FOODS, INC., ET AL." TO "DIAZ V. A & M TASTY SNACKS, INC., ET AL." PLAINTIFF AND UTZ SHALL BEAR THEIR OWN COSTS, EXPENSES, AND ATTORNEYS' FEES. MEDHAT ELSHERBINY AND AHMED MOHAMED TERMINATED. (SIGNED BY JUDGE RONNIE ABRAMS ON 2/22/2023) (ATE) (ENTERED: 02/22/2023)
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03/15/2023
(#2) CLERKS NOTICE OF JUDGE ASSIGNMENT TO CHIEF JUDGE CECILIA M. ALTONAGA. PURSUANT TO 28 USC 636(C), THE PARTIES ARE HEREBY NOTIFIED THAT THE U.S. MAGISTRATE JUDGE MELISSA DAMIAN IS AVAILABLE TO HANDLE ANY OR ALL PROCEEDINGS IN THIS CASE. IF AGREED, PARTIES SHOULD COMPLETE AND FILE THE CONSENT FORM FOUND ON OUR WEBSITE. IT IS NOT NECESSARY TO FILE A DOCUMENT INDICATING LACK OF CONSENT. (AAO) (ENTERED: 03/16/2023)
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03/15/2023
(#1) COMPLAINT CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL AGAINST ALL DEFENDANTS. FILING FEES $ 402.00 RECEIPT NUMBER AFLSDC-16433444, FILED BY GARY GALLANT, SKYLER LINDEEN, DAVID NICOL, GREGG PODALSKY, ALEXANDER CHERNYAVSKY, EDWIN GARRISON, SUNIL KAVURI. (ATTACHMENTS: #1 EXHIBIT A, #2 CIVIL COVER SHEET)(MOSKOWITZ, ADAM) (ENTERED: 03/15/2023)
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02/24/2023
(#3) INITIAL CASE MANAGEMENT SCHEDULING ORDER WITH ADR DEADLINES: CASE MANAGEMENT STATEMENT DUE BY 5/19/2023. INITIAL CASE MANAGEMENT CONFERENCE SET FOR 5/26/2023 02:00 PM IN SAN FRANCISCO, COURTROOM F, 15TH FLOOR. (CV, COURT STAFF) (FILED ON 2/24/2023) (ENTERED: 02/24/2023)
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02/24/2023
(#2) CASE ASSIGNED TO MAGISTRATE JUDGE JOSEPH C. SPERO. COUNSEL FOR PLAINTIFF OR THE REMOVING PARTY IS RESPONSIBLE FOR SERVING THE COMPLAINT OR NOTICE OF REMOVAL, SUMMONS AND THE ASSIGNED JUDGE'S STANDING ORDERS AND ALL OTHER NEW CASE DOCUMENTS UPON THE OPPOSING PARTIES. FOR INFORMATION, VISIT E-FILING A NEW CIVIL CASE AT HTTP://CAND.USCOURTS.GOV/ECF/CASEOPENING.STANDING ORDERS CAN BE DOWNLOADED FROM THE COURT'S WEB PAGE AT WWW.CAND.USCOURTS.GOV/JUDGES. UPON RECEIPT, THE SUMMONS WILL BE ISSUED AND RETURNED ELECTRONICALLY. A SCHEDULING ORDER WILL BE SENT BY NOTICE OF ELECTRONIC FILING (NEF) WITHIN TWO BUSINESS DAYS. CONSENT/DECLINATION DUE BY 3/10/2023. (CV, COURT STAFF) (FILED ON 2/24/2023) (ENTERED: 02/24/2023)
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03/01/2023
ATTENTION CORPORATION PLAINTIFFS OR INTERVENORS: PURSUANT TO FED. R. CIV. P.7.1 AND/OR GENERAL ORDER NO. 157. IN THE MATTER OF DISCLOSURE OF MEMBERS, SHAREHOLDERS, PARTNERS, AND LEADERS OF BUSINESS ORGANIZATION PARTIES, ALL CORPORATE DISCLOSURE STATEMENTS ARE TO BE FILED WITHIN SEVEN (7) DAYS OF THIS NOTICE. (KM) (ENTERED: 03/01/2023)
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02/27/2023
(#6) SUMMONS RETURNED EXECUTED BY LINDA LENZI. L.L. BEAN, INC. SERVED ON 2/22/2023, ANSWER DUE 3/15/2023. (KRAVEC, JOSEPH) (ENTERED: 02/27/2023)
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02/28/2023
(#4) SUMMONS ISSUED AS TO RIVIAN AUTOMOTIVE, LLC. (JS) (ENTERED: 02/28/2023)
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02/27/2023
(#3) NOTICE OF APPEARANCE OF ATTORNEY BY NATHAN CHARLES VOLHEIM ON BEHALF OF CORNELIUS RICHARDSON (VOLHEIM, NATHAN) (ENTERED: 02/27/2023)
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03/09/2023
CASE DESIGNATED ECF. (JGO) (ENTERED: 03/09/2023)
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03/09/2023
MAGISTRATE JUDGE BARBARA C. MOSES IS SO DESIGNATED. PURSUANT TO 28 U.S.C. SECTION 636(C) AND FED. R. CIV. P. 73(B)(1) PARTIES ARE NOTIFIED THAT THEY MAY CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE. PARTIES WHO WISH TO CONSENT MAY ACCESS THE NECESSARY FORM AT THE FOLLOWING LINK: #HTTPS://NYSD.USCOURTS.GOV/SITES/DEFAULT/FILES/2018-06/AO-3.PDF. (JGO) (ENTERED: 03/09/2023)
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03/16/2023
(#6) PROPOSED ORDER TO JUDGE RE #5 STIPULATION. (MCLAREN, SARAH) (ENTERED: 03/16/2023)
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03/16/2023
(#5) STIPULATION TO EXTEND DEADLINE TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT BY KEITH MCNAMARA. JOINTLY SIGNED BY DANIEL IRISH. (MCLAREN, SARAH) (ENTERED: 03/16/2023)
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03/21/2023
(#30) CLERK'S JUDGMENT THAT DEFENDANT'S MOTION TO DISMISS THE COMPLAINT IS GRANTED IN ITS ENTIRELY; AND THAT ALL OF PLAINTIFF'S CLAIMS ARE DISMISSED WITH PREJUDICE. SIGNED BRENNA B. MAHONEY, CLERK OF COURT BY JALITZA POVEDA, DEPUTY CLERK ON 3/21/2023. (TLH) (ENTERED: 03/21/2023)
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03/17/2023
(#29) MEMORANDUM & ORDER, THE COURT GRANTS DEFENDANT'S MOTION TO DISMISS THE COMPLAINT IN ITS ENTIRELY. THE COURT DISMISSES ALL OF PLAINTIFF'S CLAIMS WITH PREJUDICE. SO ORDERED BY JUDGE NICHOLAS G. GARAUFIS ON 3/17/2023. (TLH) (ENTERED: 03/17/2023)
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03/09/2023
(#3) SUMMONS ISSUED AS TO DRAFTKINGS INC., MATTHEW KALISH, JASON K. PARK, JASON D. ROBINS. COUNSEL RECEIVING THIS NOTICE ELECTRONICALLY SHOULD DOWNLOAD THIS SUMMONS, COMPLETE ONE FOR EACH DEFENDANT AND SERVE IT IN ACCORDANCE WITH FED.R.CIV.P. 4 AND LR 4.1. SUMMONS WILL BE MAILED TO PLAINTIFF(S) NOT RECEIVING NOTICE ELECTRONICALLY FOR COMPLETION OF SERVICE. (WARNOCK, DOUGLAS) (ENTERED: 03/09/2023)
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03/09/2023
(#2) ELECTRONIC NOTICE OF CASE ASSIGNMENT. JUDGE DENISE J. CASPER ASSIGNED TO CASE. IF THE TRIAL JUDGE ISSUES AN ORDER OF REFERENCE OF ANY MATTER IN THIS CASE TO A MAGISTRATE JUDGE, THE MATTER WILL BE TRANSMITTED TO MAGISTRATE JUDGE PAUL G. LEVENSON. (FINN, MARY) (ENTERED: 03/09/2023)
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02/23/2023
(#347) MINUTE ENTRY FOR PROCEEDINGS HELD BEFORE JUDGE AMY TOTENBERG: MOTION HEARING HELD ON 2/23/2023 RE #326 MOTION TO CERTIFY CLASS. (COURT REPORTER SHANNON WELCH)(JPA) (ENTERED: 02/23/2023)
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02/17/2023
NOTICE RESETTING HEARING START TIME RE: #326 MOTION TO CERTIFY CLASS. MOTION HEARING RE-SET FOR 2/23/2023 AT 01:00 PM IN ATLA COURTROOM 2308 BEFORE JUDGE AMY TOTENBERG. START TIME CHANGE ONLY (HFM) (ENTERED: 02/17/2023)
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03/16/2023
(#2) NOTICE OF APPEARANCE BY GAVIN MINOR ROSE ON BEHALF OF PLAINTIFF KENDRA OWEN. (ROSE, GAVIN) (ENTERED: 03/16/2023)
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03/16/2023
(#1) COMPLAINT FOR DAMAGES AGAINST M. TAYLOR, FILED BY KENDRA OWEN. (FILING FEE $402, RECEIPT NUMBER AINSDC-7547138) (ATTACHMENTS: #1 EXHIBIT 1 (CITATION), #2 CIVIL COVER SHEET, #3 PROPOSED SUMMONS)(ROSE, GAVIN) (ENTERED: 03/16/2023)
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03/20/2023
(#131) MINUTE ORDER IN CHAMBERS BY JUDGE CORMAC J. CARNEY: ORDER REQUIRING PARTIES TO ATTEND SETTLEMENT CONFERENCE. ACCORDINGLY, THE COURT ORDERS THE PARTIES TO PARTICIPATE IN A SETTLEMENT CONFERENCE BEFORE THE PRIVATE MEDIATOR WITHIN THIRTY DAYS TO ADDRESS THE DISAGREEMENT THAT HAS ARISEN REGARDING SETTLEMENT. THE COURT FURTHER ORDERS THE PARTIES TO FILE A SETTLEMENT CONFERENCE REPORT BY MONDAY, MAY 1, 2023, DETAILING ANY POINTS OF CONTENTION THAT ARISE AND WHAT, FROM THEIR VIEW, IS PREVENTING THE CASE FROM RESOLVING. ( SETTLEMENT CONFERENCE REPORT DUE BY 5/1/2023.) SEE DOCUMENT FOR FURTHER INFORMATION. (TWDB) (ENTERED: 03/21/2023)
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03/17/2023
(#130) STATUS REPORT (JOINT) FILED BY PLAINTIFFS BRIAN HENDRICKS, ANDREW SAGALONGOS, CHAD WASHBURN. (DAVIS, JOSHUA) (ENTERED: 03/17/2023)
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03/02/2023
(#4) ELECTRONIC SUMMONS ISSUED AS TO DUTCH BROS, INC., CHARLES L. JEMLEY, JONATHAN RICCI..(PC) (ENTERED: 03/02/2023)
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03/02/2023
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. NOTICE TO ATTORNEY GREGORY BRADLEY LINKH. THE PARTY INFORMATION FOR THE FOLLOWING PARTY/PARTIES HAS BEEN MODIFIED: JERRY PEACOCK. THE INFORMATION FOR THE PARTY/PARTIES HAS BEEN MODIFIED FOR THE FOLLOWING REASON/REASONS: PARTY TEXT WAS OMITTED;. (PC) (ENTERED: 03/02/2023)
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03/07/2023
(#54) CORRECTED ORDER WITH DATE AND SIGNATURE RE #53 ORDER DENYING MOTION FOR CLASS CERTIFICATION. SIGNED BY JUDGE VINCE CHHABRIA ON 3/7/2023. (KNM, COURT STAFF) (FILED ON 3/7/2023) (ENTERED: 03/07/2023)
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03/07/2023
(#53) ORDER BY JUDGE VINCE CHHABRIA DENYING #40 MOTION TO CERTIFY CLASS. CASE MANAGEMENT STATEMENT DUE BY 3/24/2023. FURTHER CASE MANAGEMENT CONFERENCE SET FOR 3/31/2023 10:00 AM VIA ZOOM. (VCLC2, COURT STAFF) (FILED ON 3/7/2023) (ENTERED: 03/07/2023)
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02/23/2023
(#363) MEMORANDUM IN SUPPORT OF NOTICE OF MOTION AND MOTION FOR SETTLEMENT APPROVAL OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #362 FILED BY PLAINTIFFS COREY CLARK, DION DICKMAN, SARAH GLEASON, ALLEN L. MUNRO, STEVEN L. OLSON, JANE A. SINGLETON, REBECCA A. SNYDER, DANIEL C. WHEELER. (ATTACHMENTS: #1 DECLARATION JEROME J. SCHLICHTER, #2 PROPOSED ORDER)(SCHLICHTER, JEROME) (ENTERED: 02/23/2023)
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02/23/2023
(#362) NOTICE OF MOTION AND MOTION FOR SETTLEMENT APPROVAL OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT FILED BY PLAINTIFF COREY CLARK, DION DICKMAN, SARAH GLEASON, ALLEN L. MUNRO, STEVEN L. OLSON, JANE A. SINGLETON, REBECCA A. SNYDER, DANIEL C. WHEELER. MOTION SET FOR HEARING ON 3/27/2023 AT 02:00 PM BEFORE JUDGE VIRGINIA A. PHILLIPS. (ATTACHMENTS: #1 EXHIBIT A - SETTLEMENT AGREEMENT) (SCHLICHTER, JEROME) (ENTERED: 02/23/2023)
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02/28/2023
(#36) ORDER DENYING DEFENDANTS' JOINT MOTION TO COMPEL ARBITRATION DENYING #29 MOTION TO COMPEL. (ILLSTON, SUSAN) (FILED ON 2/28/2023) (ENTERED: 02/28/2023)
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02/17/2023
(#35) MINUTE ENTRY FOR PROCEEDINGS HELD VIA ZOOM WEBINAR BEFORE JUDGE SUSAN ILLSTON: MOTION HEARING HELD ON 2/17/2023 RE #29 JOINT MOTION TO COMPEL ARBITRATION FILED BY LEAD INTELLIGENCE, INC. JOINT CASE MANAGEMENT STATEMENT DUE BY 3/24/2023. INITIAL CASE MANAGEMENT CONFERENCE SET FOR 3/31/2023 AT 02:30 PM - VIDEOCONFERENCE ONLY. THIS PROCEEDING WILL BE HELD VIA A ZOOM WEBINAR.MANDATORY ZOOM REGISTRATION: ADVANCED NOTICE IS REQUIRED OF COUNSEL OR PARTIES WHO WISH TO BE IDENTIFIED BY THE COURT AS MAKING AN APPEARANCE OR WILL BE PARTICIPATING IN THE ARGUMENT AT THE HEARING. A LIST OF NAMES AND EMAILS MUST BE SENT TO THE CRD AT SICRD@CAND.USCOURTS.GOV NO LATER THAN 3/22/2023 AT 2 PM.WEBINAR ACCESS: ALL COUNSEL, MEMBERS OF THE PUBLIC, AND MEDIA MAY ACCESS THE WEBINAR INFORMATION AT #HTTPS://WWW.CAND.USCOURTS.GOV/SI GENERAL ORDER 58. PERSONS GRANTED ACCESS TO COURT PROCEEDINGS HELD BY TELEPHONE OR VIDEOCONFERENCE ARE REMINDED THAT PHOTOGRAPHING, RECORDING, AND REBROADCASTING OF COURT PROCEEDINGS, INCLUDING SCREENSHOTS OR OTHER VISUAL COPYING OF A HEARING, IS ABSOLUTELY PROHIBITED.ZOOM GUIDANCE AND SETUP: #HTTPS://WWW.CAND.USCOURTS.GOV/ZOOM/. CASE MANAGEMENT STATEMENT DUE BY 3/24/2023. INITIAL CASE MANAGEMENT CONFERENCE SET FOR 3/31/2023 02:30 PM IN SAN FRANCISCO, - VIDEOCONFERENCE ONLY.TOTAL TIME IN COURT: 22 MINUTES. COURT REPORTER: SUMMER FISHER. PLAINTIFF ATTORNEY: TAYLOR SMITH. DEFENDANT ATTORNEY: ARAVIND SWAMINATHAN. (EC, COURT STAFF) (DATE FILED: 2/17/2023) (ENTERED: 02/17/2023)
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03/02/2023
(#8) ELECTRONIC SUMMONS ISSUED AS TO ELAD SHARON. (SJ) (ENTERED: 03/02/2023)
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03/02/2023
(#7) ELECTRONIC SUMMONS ISSUED AS TO DAVID ABADI. (SJ) (ENTERED: 03/02/2023)
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03/16/2023
(#3) SUMMONS ISSUED AS TO DEFENDANTS KALAMAZOO, CITY OF, OPEN DOORS KALAMAZOO, JAMES K. RITSEMA (SLK) (ENTERED: 03/16/2023)
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03/16/2023
(#2) NOTICE THAT THIS CASE HAS BEEN ASSIGNED TO JANE M. BECKERING (SLK) (ENTERED: 03/16/2023)
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03/21/2023
(#162) CONSENT LETTER MOTION FOR EXTENSION OF TIME TO FILE OBJECTIONS TO MAGISTRATE JUDGE WANG'S REPORT & RECOMMENDATION #161 ADDRESSED TO JUDGE RONNIE ABRAMS FROM RUSSELL L. HIRSCHHORN DATED MARCH 21, 2023. DOCUMENT FILED BY METROPOLITAN LIFE INSURANCE COMPANY, METROPOLITAN LIFE INSURANCE COMPANY EMPLOYEE BENEFITS COMMITTEE..(HIRSCHHORN, RUSSELL) (ENTERED: 03/21/2023)
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03/17/2023
(#161) REPORT & RECOMMENDATION TO THE HONORABLE RONNIE ABRAMS RE: #140 MOTION TO CERTIFY CLASS . FILED BY MARY TRIVETT, PAULINE WALKER, LEE KERNAN, CATHERINE MCALISTER, JOAN BROWNELL, SCOTT BATEY, EMILY ROSS. FOR THE REASONS SET FORTH ABOVE, I RESPECTFULLY RECOMMEND THAT PLAINTIFFS' MOTION FOR CLASS CERTIFICATION BE GRANTED AS FOLLOWS: 1) ON OR AFTER JANUARY 1, 2013; 2) IN THE FORM OF A JSA WITH A SURVIVORSHIP PERCENTAGE BETWEEN 50% AND 100%; 3) WHOSE BENEFIT WAS CALCULATED ENTIRELY USING THE TRADITIONAL PART'S FORMULA; AND 4) NOT CALCULATED UNDER SECTION 4.02-A OR 5.02-A OF THE PLAN AS OF JUNE 30, 2008. THE CLASS SHOULD BE DIVIDED INTO TWO SUBCLASSES BASED ON WHETHER THE EMPLOYEE SIGNED A RELEASE UPON THEIR SEPARATION FROM METLIFE. IN ACCORDANCE WITH 28 U.S.C. 636(B)(1) AND FED. R. CIV. P. 72(B), THE PARTIES SHALL HAVE FOURTEEN (14) DAYS (INCLUDING WEEKENDS AND HOLIDAYS) FROM RECEIPT OF THIS REPORT TO FILE WRITTEN OBJECTIONS. SEE ALSO FED. R. CIV. P. 6 (ALLOWING THREE (3) ADDITIONAL DAYS FOR SERVICE BY MAIL). A PARTY MAY RESPOND TO ANY OBJECTIONS WITHIN FOURTEEN (14) DAYS AFTER BEING SERVED. SUCH OBJECTIONS, AND ANY RESPONSES TO OBJECTIONS, SHALL BE ADDRESSED TO THE HON. RONNIE ABRAMS. ANY REQUESTS FOR AN EXTENSION OF TIME FOR FILING OBJECTIONS MUST BE DIRECTED TO JUDGE ABRAMS. FAILURE TO FILE OBJECTIONS WITHIN FOURTEEN (14) DAYS WILL RESULT IN A WAIVER OF OBJECTIONS AND WILL PRECLUDE APPELLATE REVIEW. SEE THOMAS V. ARN, 474 U.S. 140, 155 (1985); IUE AFL-CIO PENSION FUND V. HERRMANN, 9 F.3D 1049, 1054 (2D CIR. 1993); FRANK V. JOHNSON, 968 F.2D 298, 300 (2D CIR. 1992); WESOLEK V. CANADAIR LTD., 838 F.2D 55, 58 (2D CIR. 1988); MCCARTHY V. MANSON, 714 F.2D 234, 237-38 (2D CIR. 1983). OBJECTIONS TO R&R DUE BY 3/31/2023. (SIGNED BY MAGISTRATE JUDGE ONA T. WANG ON 3/17/2023) (RRO) (ENTERED: 03/17/2023)
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02/16/2023
(#22) CONSENT/REASSIGNMENT FORM BY NORTH DAKOTA, STATE OF. (PB) (ENTERED: 02/16/2023)
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02/16/2023
(#21) (TEXT ONLY) ORDER REASSIGNING CASE TO CHIEF JUDGE PETER D. WELTE, AS PRESIDING JUDGE, AND MAGISTRATE JUDGE ALICE R. SENECHAL, AS REFERRAL JUDGE, FOR ALL FURTHER PROCEEDINGS. MAGISTRATE JUDGE ALICE R. SENECHAL NO LONGER ASSIGNED AS PRESIDING JUDGE BY CHIEF JUDGE PETER D. WELTE.(PB) (ENTERED: 02/16/2023)
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03/02/2023
MAGISTRATE JUDGE LOIS H. GOODMAN ADDED. MAGISTRATE JUDGE RUKHSANAH L. SINGH NO LONGER ASSIGNED TO CASE. (JJC, ) (ENTERED: 03/02/2023)
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03/01/2023
CLERK'S QUALITY CONTROL MESSAGE - PLEASE BE ADVISED, PURSUANT TO FED. R. CIV. P. 7.1, A DISCLOSURE STATEMENT IS REQUIRED TO BE FILED BY PARTIES AND INTERVENORS IN DIVERSITY ACTIONS TO IDENTIFY THE CITIZENSHIP OF EVERY INDIVIDUAL OR ENTITY WHOSE CITIZENSHIP IS ATTRIBUTED TO THAT PARTY OR INTERVENOR. SUCH DISCLOSURE STATEMENTS MUST BE FILED WITH THE PARTIES, INTERVENORS OR PROPOSED INTERVENORS FIRST APPEARANCE, PLEADING, PETITION, MOTION, RESPONSE OR OTHER REQUEST ADDRESSED TO THE COURT USING THE EVENT: CIVIL EVENTS -> OTHER FILINGS -> OTHER DOCUMENTS -> DIVERSITY DISCLOSURE STATEMENT. (MLH) (ENTERED: 03/01/2023)
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03/10/2023
(#4) ATTORNEY APPEARANCE FOR PLAINTIFF AIMEN HALIM BY FRANCIS RICHARD GREENE (GREENE, FRANCIS) (ENTERED: 03/10/2023)
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03/10/2023
(#3) ATTORNEY APPEARANCE FOR PLAINTIFF AIMEN HALIM BY RUHANDY GLEZAKOS (GLEZAKOS, RUHANDY) (ENTERED: 03/10/2023)
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03/13/2023
(#250) AO 435 TRANSCRIPT REQUEST BY MICHAEL WOLFF FOR TRANSCRIPT OF MOTION HEARING ON 3/09/2023 BEFORE JUDGE EDISON. 14-DAY TURNAROUND REQUESTED. COURT REPORTER/TRANSCRIBER: VERITEXT LEGAL SOLUTIONS, FILED. (WOLFF, MICHAEL) ELECTRONICALLY FORWARDED TO VERITEXT ON 3/14/2023. ESTIMATED TRANSCRIPT COMPLETION DATE: 3/28/2023 (ENTERED: 03/13/2023)
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03/13/2023
(#249) AO 435 TRANSCRIPT REQUEST BY MICHAEL P. LENNON, JR. FOR TRANSCRIPT OF CLASS CERTIFICATION HEARING ON 3/9/23 BEFORE MAGISTRATE JUDGE EDISON. 3-DAY TURNAROUND REQUESTED. COURT REPORTER/TRANSCRIBER: VERITEXT LEGAL SOLUTIONS, FILED. (LENNON, MICHAEL) ELECTRONICALLY FORWARDED TO VERITEXT ON 3/13/2023. ESTIMATED TRANSCRIPT COMPLETION DATE: 3/16/2023 (ENTERED: 03/13/2023)
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03/02/2023
(#29) ORDER APPROVING THE PRO HAC VICE APPLICATION OF CHARLES D. MOORE, RE #28 REQUEST TO APPEAR PRO HAC VICE. SIGNED BY JUDGE MICHAEL M. ANELLO ON 3/2/2023.(RMC) (ENTERED: 03/02/2023)
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03/02/2023
(#28) REQUEST TO APPEAR PRO HAC VICE, NO PAYMENT SUBMITTED. (APPLICATION TO BE REVIEWED BY CLERK.) (MOORE, CHARLES) (RMC). (ENTERED: 03/02/2023)
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01/20/2023
(#64) AND NOW, THIS 20TH DAY OF JANUARY, 2023, IT HAVING BEEN REPORTED THAT THE PARTIES HAVE SETTLED THE ABOVE-CAPTIONED ACTION, AND PURSUANT TO RULE 41.1(B) OF THE LOCAL RULES OF CIVIL PROCEDURE OF THIS COURT, IT IS HEREBY ORDERED THAT THIS ACTION IS DISMISSED WITH PREJUDICE, PURSUANT TO AGREEMENT OF COUNSEL WITHOUT COSTS. THE COURT SHALL RETAIN JURISDICTION FOR A PERIOD OF NINETY (90) DAYS WHILE THE PARTIES FINALIZE THE WRITTEN SETTLEMENT AGREEMENT AND RESOLVE ANY RELATED CASE. 1/20/23 ENTERED AND COPIES E-MAILED.(SRES) (ENTERED: 01/20/2023)
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01/19/2023
(#63) STIPULATION AND ORDER THAT BY AND BETWEEN THE UNDERSIGNED COUNSEL THAT PLAINTIFF, A. ELIZABETH KRAFT, VOLUNTARILY DISMISSES WITH PREJUDICE ANY AND ALL CLAIMS ASSERTED AGAINST DEFENDANT, MAYOR EDDIE MORAN, INCLUDING BUT NOT LIMITED TO THOSE CLAIMS ASSERTED IN COUNT ONE OF PLAINTIFF'S AMENDED COMPLAINT (DOC. #12 ). IT IS FURTHER AGREED THAT PLAINTIFF VOLUNTARILY DISMISSES WITH PREJUDICE ANY AND ALL CLAIMS FOR SEXUAL HARASSMENT ASSERTED IN PLAINTIFF'S AMENDED COMPLAINT, INCLUDING BUT NOT LIMITED TO, THOSE CLAIMS ASSERTED IN COUNT ONE AND COUNT TWO OF PLAINTIFF'S AMENDED COMPLAINT (DOC. #12 ). MOREOVER, IT IS AGREED THAT ALL PARTIES SHALL BEAR THEIR OWN FEES AND COSTS RELATED TO THIS STIPULATION AND THE ABOVE CAPTIONED MATTER. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/19/23. 1/19/23 ENTERED AND COPIES E-MAILED.(MAS) (ENTERED: 01/19/2023)
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03/10/2023
(#6) SUMMONS (2) ISSUED ELECTRONICALLY AS TO U.S. ATTORNEY AND U.S. ATTORNEY GENERAL (ZNMW) (ENTERED: 03/10/2023)
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03/09/2023
(#5) REQUEST FOR SUMMONS TO ISSUE FOR US ATTORNEY GENERAL BY ALEXANDER STEIN RE NOTICE OF QC- NEW CASE, #1 COMPLAINT, FILED BY ALEXANDER STEIN. RELATED DOCUMENT: NOTICE OF QC- NEW CASE, #1 COMPLAINT, FILED BY ALEXANDER STEIN. (ATTACHMENTS: #1 SUMMONS FOR US ATTORNEY)(GROSS, JONATHAN) (ENTERED: 03/09/2023)
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03/10/2023
(#146) OPINION AND ORDER PLAINTIFFS' REQUEST FOR ATTORNEYS' FEES AND COSTS IS GRANTED IN PART. PLAINTIFFS' COUNSEL IS AWARDED $137,661 IN ATTORNEYS' FEES ALONG WITH $15,652.47 IN COSTS FOR A TOTAL RECOVERY OF $153,313.47. THE CLERK OF THE COURT IS RESPECTFULLY DIRECTED TO CLOSE THIS CASE. SO ORDERED. (SIGNED BY JUDGE PHILIP M. HALPERN ON 3/10/2023) (JCA) TRANSMISSION TO FINANCE UNIT (CASHIERS) FOR PROCESSING. (ENTERED: 03/10/2023)
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02/17/2023
(#145) LETTER ADDRESSED TO JUDGE PHILIP M. HALPERN FROM ORI EDELSTEIN DATED FEBRUARY 17, 2023 RE: STATUS OF SETTLEMENT. DOCUMENT FILED BY HUMBERTO RAMIREZ..(EDELSTEIN, ORI) (ENTERED: 02/17/2023)
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11/29/2022
(#39) TRANSCRIPT OF PROCEEDINGS HELD ON 02/15/2022, BEFORE MAGISTRATE JUDGE KENDALL J. NEWMAN, FILED BY COURT REPORTER KIMBERLY BENNETT, PHONE NUMBER 916-741-3475 E-MAIL REPORTER.BENNETT@GMAIL.COM. 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. ANY NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 5 COURT DAYS. REDACTION REQUEST DUE 12/22/2022. REDACTED TRANSCRIPT DEADLINE SET FOR 12/30/2022. RELEASE OF TRANSCRIPT RESTRICTION SET FOR 2/27/2023. (BENNETT, K) (ENTERED: 11/29/2022)
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10/18/2022
(#38) TRANSCRIPT REQUEST BY D.L. MARKHAM, DDS, MSD, INC., ET AL., FOR PROCEEDINGS HELD ON 02/15/2022 BEFORE JUDGE M.J. KENDALL J. NEWMAN. COURT REPORTER KIMBERLY BENNETT. (BAKER, CHRISTOPHER) (ENTERED: 10/18/2022)
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02/28/2023
(#14) ORDER. SIGNED 2/28/2023 BY CHIEF MAGISTRATE JUDGE JOSEPH C. SPERO GRANTING #10 MOTION FOR PRO HAC VICE FOR PACHECO, THOMAS. (KLH, COURT STAFF) (FILED ON 2/28/2023) (ENTERED: 02/28/2023)
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02/28/2023
(#13) ORDER. SIGNED 2/28/2023 BY CHIEF MAGISTRATE JUDGE JOSEPH C. SPERO GRANTING #9 MOTION FOR PRO HAC VICE FOR RUBEN, ERIN. (KLH, COURT STAFF) (FILED ON 2/28/2023) (ENTERED: 02/28/2023)
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03/21/2023
(#21) SUMMONS RETURNED EXECUTED BY COMMONWEALTH OF PENNSYLVANIA, ACTING BY AND THROUGH BUCKS COUNTY DISTRICT ATTORNEY MATTHEW D. WEINTRAUB, BUCKS COUNTY. YOUTUBE, LLC SERVED ON 3/16/2023, ANSWER DUE 4/6/2023. (BAIG, AELISH) (FILED ON 3/21/2023) (ENTERED: 03/21/2023)
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03/21/2023
(#20) SUMMONS RETURNED EXECUTED BY COMMONWEALTH OF PENNSYLVANIA, ACTING BY AND THROUGH BUCKS COUNTY DISTRICT ATTORNEY MATTHEW D. WEINTRAUB, BUCKS COUNTY. XXVI HOLDINGS INC. SERVED ON 3/17/2023, ANSWER DUE 4/7/2023. (BAIG, AELISH) (FILED ON 3/21/2023) (ENTERED: 03/21/2023)
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03/08/2023
(#10) CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT BY MICHAEL T. FLYNN. (ROBERTS, JARED) (ENTERED: 03/08/2023)
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03/08/2023
(#9) NOTICE OF A RELATED ACTION PER LOCAL RULE 1.07(C) BY MICHAEL T. FLYNN. RELATED CASE(S): NO (ROBERTS, JARED) (ENTERED: 03/08/2023)
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02/23/2023
(#580) ORDER (1) GRANTING DEFENDANTS' MOTION TO EXCLUDE THE MERITS REPORT AND TESTIMONY OF CHRISTOPHER WHITE, PH.D. (DOC. #478 ); (2) GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. #411 ); (3) DECERTIFYING CLASSES; AND (4) DENYING AS MOOT OTTER PENDING MOTIONS (DOC. #479 , #480 , #481 , #485 ) BY JUDGE JOSEPHINE L. STATON THAT MAZDA'S MOTION TO EXCLUDE THE MERITS REPORT AND TESTIMONY OF CHRISTOPHER WHITE, PH.D. AND MOTION FOR SUMMARY JUDGMENT ARE GRANTED. BECAUSE PLAINTIFFS NO LONGER HAVE INDIVIDUAL CLAIMS AGAINST MAZDA, THE COURT DECERTIFIES ALL CLASSES IN THIS ACTION FOR LACK OF A REPRESENTATIVE PLAINTIFF. THE COURT ALSO DENIES AS MOOT ALL OTHER MOTIONS PENDING BEFORE IT. MAZDA IS ORDERED TO FILE A PROPOSED JUDGMENT WITHIN SEVEN DAYS OF THE ISSUANCE OF THIS ORDER. (JP) (ENTERED: 02/23/2023)
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02/06/2023
(#579) RESPONSE FILED BY DEFENDANTS MAZDA MOTOR CORPORATION, MAZDA MOTOR OF AMERICA, INC.TO NOTICE (OTHER), #578 (MALLOW, MICHAEL) (ENTERED: 02/06/2023)
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03/09/2023
(#7) NOTICE BY PALM BAY POLICE AND FIREFIGHTERS' PENSION FUND OF REVISED SUMMONSES (ATTACHMENTS: #1 PROPOSED SUMMONS - REVISED)(SAXENA, MAYA) (ENTERED: 03/09/2023)
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03/07/2023
(#6) NOTICE OF LEAD COUNSEL DESIGNATION BY MAYA S. SAXENA ON BEHALF OF PALM BAY POLICE AND FIREFIGHTERS' PENSION FUND. LEAD COUNSEL: MAYA SAXENA. (SAXENA, MAYA) (ENTERED: 03/07/2023)
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03/01/2023
MINUTES OF PROCEEDINGS [NON-DOCUMENT] BEFORE JUDGE BENITA Y. PEARSON. STATUS CONFERENCE HELD ON 3/1/2023 VIA ZOOMGOV.COM. PRESENT WERE ATTORNEYS SETH A. KATZ, M. ELIZABETH GRAHAM, AND MELANIE. S. BAILEY AS COUNSEL FOR PLAINTIFFS; AND ATTORNEYS J. LAWSON JOHNSTON AND SCOTT D. CLEMENTS AS COUNSEL FOR DEFENDANTS. THE COURT AND COUNSEL DISCUSSED ECF NOS. #17 AND #25 , THE TRANSFER OF RELATED CASES TO THE DOCKET OF JUDGE BENITA Y. PEARSON, THE STATUS OF WHAT HAS AND WHAT IS EXPECTED TO OCCUR AT THE DERAILMENT SITE, AND A NOTICE, TO BE FILED ON OR BEFORE 12:00 P.M. EST ON 3/2/2023, REGARDING THE RESOLUTION OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION IN BATTAGLIA V. NORFOLK SOUTHERN RAILWAY CO., NO. 4:23CV0303 (N.D. OHIO FILED FEB. 16, 2023). PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION #11 IS RESOLVED BY AGREEMENTS OF THE PARTIES. ON OR BEFORE 3/15/2023, THE PARTIES SHALL FILE A JOINT STATUS REPORT SUGGESTING NEXT BEST STEPS FOR THE PUTATIVE CLASS ACTION LITIGATION GOING FORWARD. (COURT REPORTER: MARY UPHOLD); TIME: 27 MINUTES. (JLG) (ENTERED: 03/01/2023)
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03/01/2023
(#29) ORDER APPROVING THE PARTIES' #17 JOINT NOTICE REGARDING PLAINTIFFS' #11 MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION RELATED TO INSPECTION AND COLLECTION OF EVIDENCE. JUDGE BENITA Y. PEARSON ON 3/1/2023. (JLG) (ENTERED: 03/01/2023)
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03/08/2023
(#3) NOTICE OF REQUIREMENTS FOR APPEARANCE PHV MAILED TO ATTORNEY JOSEPH CANNIZZO JR., FOR PLAINTIFF NAOMI KEHL. (HAA) (ENTERED: 03/08/2023)
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03/08/2023
(#2) NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- UNDER 28 U.S.C. 636(C), FED. R. CIV. P. 73, AND DUCIVR 72-4, YOU ARE HEREBY NOTIFIED THAT A MAGISTRATE JUDGE FOR THE DISTRICT OF UTAH MAY CONDUCT ANY OR ALL PROCEEDINGS IN THIS CASE, INCLUDING A JURY OR BENCH TRIAL AND ENTRY OF A FINAL JUDGMENT. EXERCISE OF THIS JURISDICTION BY THE MAGISTRATE JUDGE IS PERMITTED ONLY IF ALL PARTIES VOLUNTARILY SIGN AND RETURN THE FORM. TO CONSENT, RETURN THE CONSENT FORM TO THE CLERK'S OFFICE WITHIN 21 DAYS VIA EMAIL AT CONSENTS@UTD.USCOURTS.GOV OR MAIL AT THE ADDRESS ON THE FORM. PLEASE DO NOT EFILE THE CONSENT FORM IN THE CASE. NOTICE E-MAILED OR MAILED TO PLAINTIFF NAOMI KEHL. FORM DUE BY 3/29/2023. (HAA) (ENTERED: 03/08/2023)
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02/23/2023
(#96) ORDER GRANTING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. SIGNED BY JUDGE MAXINE M. CHESNEY ON 2/23/2023. (MMCLC2, COURT STAFF) (FILED ON 2/23/2023) (ENTERED: 02/23/2023)
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02/17/2023
(#95) AMENDED MINUTES RE #94 : LANGUAGE AMENDED AS TO LAST PARAGRAPH. (BXS, COURT STAFF) (FILED ON 2/17/2023) (ENTERED: 02/17/2023)
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02/22/2023
MINUTE ORDER GRANTING DEFENDANTS #6 MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND. DEFENDANTS RESPONSIVE PLEADING SHALL NOW BE DUE ON OR BEFORE MARCH 27, 2023. SO ORDERED. SIGNED BY JUDGE TREVOR N. MCFADDEN ON 2/22/2023. (LCTNM2) (ENTERED: 02/22/2023)
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02/22/2023
(#6) MOTION FOR EXTENSION OF TIME TO FILE ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT BY DEBRA BRIGHT, CYNTHIA EVERS, WAYNE A.I. FREDERICK, DANIELLE HOLLEY, HOWARD UNIVERSITY, HOWARD UNIVERSITY SCHOOL OF LAW, LAWAN LANIER-SMITH. (BERMAN, AMANDA) (ENTERED: 02/22/2023)
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03/07/2023
(#103) CLERK'S RULE 54(B) JUDGMENT RE: #102 MEMORANDUM & OPINION IN FAVOR OF POSTMATES LLC AGAINST MICHELI & SHEL, LLC. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: THAT FOR THE REASONS STATED IN THE COURT'S MEMORANDUM OPINION AND ORDER DATED MARCH 7, 2023, POSTMATES'S MOTION FOR JUDGMENT ON THE PLEADINGS MUST BE AND IS GRANTED AND MICHELI'S CLAIMS AGAINST POSTMATES ARE DISMISSED. THE COURT HAS DECLINED MICHELI'S REQUEST FOR LEAVE TO AMEND THE COMPLAINT, AS THE DEFECTS IN ITS CLAIMS ARE SUBSTANTIVE AND INSURMOUNTABLE AND, THUS, ANY AMENDMENT WOULD BE FUTILE. SEE, E.G., ROUNDTREE V. NEW YORK CITY, NO. 19-CV-2475 (JMF), 2021 WL 1667193, AT *6 (S.D.N.Y. APR. 28, 2021) (DENYING LEAVE TO AMEND WHERE THE PLAINTIFF'S CLAIMS FAILED AS A MATTER OF LAW, AND CITING CASES). PURSUANT TO RULE 54(B) OF THE FEDERAL RULES OF CIVIL PROCEDURE, THE COURT FINDS THAT THERE IS NO JUST REASON TO DELAY ENTRY OF FINAL JUDGMENT IN POSTMATES'S FAVOR UNTIL THE CONCLUSION OF THE ARBITRATION PROCEEDINGS AGAINST THE OTHER DEFENDANTS. JUDGMENT IS ENTERED IN POSTMATES'S FAVOR CONSISTENT WITH THE MEMORANDUM OPINION AND ORDER. BECAUSE THERE IS NO REASON TO KEEP THE CASE OPEN PENDING COMPLETION OF THE ARBITRATION, THE CASE IS ADMINISTRATIVELY CLOSED WITHOUT PREJUDICE TO ANY PARTY MOVING BY LETTER MOTION TO REOPEN THE CASE WITHIN THIRTY DAYS OF THE CONCLUSION OF THE ARBITRATION PROCEEDINGS. (SIGNED BY CLERK OF COURT RUBY KRAJICK ON 3/7/2023) (ATTACHMENTS: #1 RIGHT TO APPEAL) (KM) (ENTERED: 03/07/2023)
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03/07/2023
(#102) MEMORANDUM OPINION AND ORDER RE: #93 MOTION FOR JUDGMENT ON THE PLEADINGS . FILED BY POSTMATES LLC. POSTMATES'S MOTION FOR JUDGMENT ON THE PLEADINGS MUST BE AND IS GRANTED AND MICHELI'S CLAIMS AGAINST POSTMATES ARE DISMISSED. MOREOVER, THE COURT DECLINES MICHELI'S REQUEST FOR LEAVE TO AMEND THE COMPLAINT, AS THE DEFECTS IN ITS CLAIMS ARE SUBSTANTIVE AND INSURMOUNTABLE AND, THUS, ANY AMENDMENT WOULD BE FUTILE. SEE, E.G., ROUNDTREE V. NEW YORK CITY, NO. 19-CV-2475 (JMF), 2021 WL 1667193, AT *6 (S.D.N.Y. APR. 28, 2021) (DENYING LEAVE TO AMEND WHERE THE PLAINTIFF'S CLAIMS FAILED AS A MATTER OF LAW, AND CITING CASES). PURSUANT TO RULE 54(B) OF THE FEDERAL RULES OF CIVIL PROCEDURE, THE COURT FINDS THAT THERE IS NO JUST REASON TO DELAY ENTRY OF FINAL JUDGMENT IN POSTMATES'S FAVOR UNTIL THE CONCLUSION OF THE ARBITRATION PROCEEDINGS AGAINST THE OTHER DEFENDANTS. ACCORDINGLY, THE CLERK OF COURT IS DIRECTED TO TERMINATE ECF NO. 99, TO ENTER JUDGMENT IN POSTMATES'S FAVOR CONSISTENT WITH THIS MEMORANDUM OPINION AND ORDER, AND TO TERMINATE POSTMATES AS A PARTY. MOREOVER, BECAUSE THERE IS NO REASON TO KEEP THE CASE OPEN PENDING COMPLETION OF THE ARBITRATION, THE CLERK IS DIRECTED TO ADMINISTRATIVELY CLOSE THE CASE WITHOUT PREJUDICE TO ANY PARTY MOVING BY LETTER MOTION TO REOPEN THE CASE WITHIN THIRTY DAYS OF THE CONCLUSION OF THE ARBITRATION PROCEEDINGS. SO ORDERED., (POSTMATES LLC TERMINATED.) (SIGNED BY JUDGE JESSE M. FURMAN ON 3/7/23) (YV) TRANSMISSION TO ORDERS AND JUDGMENTS CLERK FOR PROCESSING. (ENTERED: 03/07/2023)
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03/07/2023
(#26) ORDER: (1) GRANTING MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(B)(1) (ECF NO. #19 ); AND (2) GRANTING PLAINTIFF LEAVE TO FILE SECOND AMENDED COMPLAINT. IF SOLIS WISHES TO DO SO, SHE MUST FILE HER SECOND AMENDED COMPLAINT ON OR BEFORE 3/31/23. SIGNED BY JUDGE CYNTHIA BASHANT ON 3/7/23. (JMO) (ENTERED: 03/07/2023)
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01/20/2023
(#25) EX PARTE MOTION FOR LEAVE TO FILE NOTICE OF SUPPLEMENTAL AUTHORITY BY YERALDINNE SOLIS. (ATTACHMENTS: #1 DECLARATION OF SEAN L. LITTERAL)(LITTERAL, SEAN) (JMO). (ENTERED: 01/20/2023)
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03/07/2023
SUMMONS ISSUED AS TO ALL DEFENDANTS. (WOODS, GLORIA) (ENTERED: 03/07/2023)
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03/03/2023
(#3) ORDER ON PRETRIAL PROCEDURES. SERVICE MUST BE OBTAINED ON ALL DEFENDANTS WITHIN FORTY (40) DAYS OF THE DATE OF THIS ORDER UNLESS OTHERWISE AUTHORIZED BY THE COURT. SIGNED ON 3/3/2023 BY MAGISTRATE JUDGE WILLIE J. EPPS, JR. THIS IS A TEXT ONLY ENTRY. NO DOCUMENT IS ATTACHED. (SCHORGL, JENNIFER) (ENTERED: 03/03/2023)
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02/24/2023
(#108) JUDGMENT #107 BY JUDGE OTIS D. WRIGHT, II. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: 1. DEFENDANTS WESTCO CHEMICALS, INC.; EZEKIEL "ALAN" ZWILLINGER; AND STEVEN ZWILLINGER SHALL HAVE JUDGMENT IN THEIR FAVOR. 2. PLAINTIFFS DANIEL DRANEY AND LORENZO IBARRA SHALL RECOVER NOTHING FROM DEFENDANTS. 3. THE INDIVIDUAL CLAIMS OF PLAINTIFFS DANIEL DRANEY AND LORENZO IBARRA AS ASSERTED IN THE FIRST AMENDED COMPLAINT ARE DISMISSED ON THE MERITS AND WITH PREJUDICE. 4. THE PUTATIVE CLASS CLAIMS AS ASSERTED IN THE FIRST AMENDED COMPLAINT ARE DISMISSED WITHOUT PREJUDICE. (MD JS-6, CASE TERMINATED). (LOM) (ENTERED: 02/24/2023)
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02/23/2023
(#107) ORDER GRANTING MOTION FOR SUMMARY JUDGMENT #87 , DENYING AS MOOT MOTION TO CERTIFY CLASS #95 , AND DISMISSING FIRST AMENDED COMPLAINT BY JUDGE OTIS D. WRIGHT, II. FOR THE FOREGOING REASONS, THE COURT GRANTS DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. (ECF NO. #87 .) THE COURT DISMISSES THE FIRST AMENDED COMPLAINT (1) WITH PREJUDICE AS TO DRANEY'S AND IBARRA'S INDIVIDUAL CLAIMS AND (2) WITHOUT PREJUDICE AS TO THE CLASS CLAIMS. PLAINTIFFS' MOTION TO CERTIFY CLASS IS DENIED AS MOOT. (ECF NO. #95 .) (LOM) (ENTERED: 02/23/2023)
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03/09/2023
(#94) GENWORTH'S POSITION STATEMENT REGARDING THE TULLGREN AND HALL CASES BY GENWORTH FINANCIAL INC. RE: #89 ORDER (SIEGMUND, HEIDI). MODIFIED ON 3/9/2023. (SBEA) (ENTERED: 03/09/2023)
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03/08/2023
(#93) ORDER GRANTING #91 MOTION FOR NATALIE FINKELMAN BENNETT TO APPEAR AS PRO HAC VICE APPOINTED FOR PETER TRAUERNICHT AND ZACHARY WRIGHT. SIGNED BY SENIOR UNITED STATES DISTRICT JUDGE ROBERT E. PAYNE ON 3/8/2023. (SBEA) (ENTERED: 03/08/2023)
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03/22/2023
(#38) STIPULATION AND ORDER OF 3/22/23 THAT THE DEFENDANT SHALL HAVE AN EXTENSION UP TO AND INCLUDING MAY 23, 2023 TO FILE ITS RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR CONDITIONAL CERTIFICATION AND NOTICE TO PUTATIVE COLLECTIVE MEMBERS. ETC. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 3/22/23. 3/22/23 ENTERED AND COPIES E-MAILED. (DT) (ENTERED: 03/22/2023)
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03/21/2023
(#37) ORDER IN ACCORDANCE WITH THE MEMORANDUM/OPINION FILED THIS DATE THE DEFENDANT'S MOTION TO TRANSFER VENUE (ECF NO. 21), PLAINTIFF'S RESPONSE IN OPPOSITION THERTEO (ECF NO. 25), AND DEFENDANT'S REPLY IN SUPPORT THEREOF (ECF NO. 26), IT IS HEREBY ORDERED THAT DEFENDANT'S MOTION IS DENIED WITHOUT PREJUDICE. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 3/21/23. 3/21/23 ENTERED AND COPIES E-MAILED.(DT) (ENTERED: 03/21/2023)
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03/09/2023
(#11) MINUTE ORDER (TEXT ONLY) ISSUED BY COURTROOM DEPUTY FOR SENIOR DISTRICT JUDGE, MORRISON C. ENGLAND, JR.: ON THE COURT'S OWN MOTION AND PURSUANT TO LOCAL RULE 230(G), THE 4/20/2023 HEARING ON THE MOTION TO DISMISS #9 IS VACATED AND THE MOTION IS SUBMITTED WITHOUT APPEARANCE AND ARGUMENT. THE OPPOSITION OR STATEMENT OF NON-OPPOSITION AND REPLY DUE DATES SHALL BE FILED IN ACCORDANCE WITH LOCAL RULE 230(C)-(D). IF THE COURT DETERMINES THAT ORAL ARGUMENT IS NEEDED IT WILL BE SCHEDULED AT A LATER DATE. (DEUTSCH, S) (ENTERED: 03/09/2023)
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03/09/2023
(#10) REQUEST FOR JUDICIAL NOTICE BY SAZERAC COMPANY, INC. RE #9 MOTION TO DISMISS. (SCHMIDT, KENT) (ENTERED: 03/09/2023)
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02/23/2023
(#45) ORDER GRANTING #40 MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT; GRANTING #41 MOTION FOR ATTORNEYS' FEES, COSTS, SERVICE AWARD, AND SETTLEMENT ADMINISTRATOR EXPENSES; JUDGMENT. SIGNED BY JUDGE EDWARD J. DAVILA ON 2/23/2023. (MDLLC, COURT STAFF) (FILED ON 2/23/2023) (ENTERED: 02/23/2023)
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02/23/2023
(#44) MINUTE ENTRY FOR PROCEEDINGS HELD BEFORE JUDGE EDWARD J. DAVILA: MOTION HEARING HELD ON 2/23/2023 RE MOTIONS FOR SETTLEMENT (ECF NOS. #35 AND #40 ) AND #41 MOTION FOR ATTORNEY FEES, COSTS, SERVICE AWARD, AND SETTLEMENT ADMINISTRATION EXPENSES. COURT WILL APPROVE THE SETTLEMENT. THE COURT WILL FURTHER GRANT THE RELIEF REQUESTED IN THE #41 MOTION. ORDER TO ISSUE. PLAINTIFF ATTORNEY: MATTHEW HAYES. DEFENDANT ATTORNEY: RYAN ABERNETHY. TOTAL TIME IN COURT: 9 MIN (9:11-9:20 AM). COURT REPORTER: IRENE RODRIGUEZ. (THIS IS A TEXT-ONLY ENTRY GENERATED BY THE COURT. THERE IS NO DOCUMENT ASSOCIATED WITH THIS ENTRY.) (CRR, COURT STAFF) (DATE FILED: 2/23/2023) (ENTERED: 02/23/2023)
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03/01/2023
(#11) ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-RELATED CASE- FILED. RELATED CASE NO: 8:22-CV-00763 DOC(ADSX). CASE TRANSFERRED FROM JUDGE MICHAEL W. FITZGERALD AND MAGISTRATE JUDGE KAREN L. STEVENSON TO JUDGE DAVID O. CARTER AND MAGISTRATE JUDGE AUTUMN D. SPAETH FOR ALL FURTHER PROCEEDINGS. THE CASE NUMBER WILL NOW REFLECT THE INITIALS OF THE TRANSFEREE JUDGE 2:23-CV-01430 DOC(ADSX). SIGNED BY JUDGE DAVID O. CARTER (RN) (ENTERED: 03/01/2023)
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02/28/2023
(#10) NOTICE TO COUNSEL RE CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE. (LH) (ENTERED: 02/28/2023)
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03/13/2023
SET DEADLINES/HEARINGS: MOTION FOR FINAL APPROVAL OF CLASS SETTLEMENT DUE BY 6/19/2023. MOTION FOR FINAL APPROVAL OF CLASS SETTLEMENT HEARING SET FOR 7/27/2023 AT 01:30 PM BEFORE JUDGE PHYLLIS J. HAMILTON IN COURTROOM 3, THIRD FLOOR. (KC, COURT STAFF) (FILED ON 3/13/2023) (ENTERED: 03/13/2023)
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03/13/2023
(#64) ORDER GRANTING #51 MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT. FINAL APPROVAL HEARING SET FOR JULY 27, 2023. SIGNED BY JUDGE PHYLLIS J. HAMILTON ON MARCH 13, 2023. (PJHLC1, COURT STAFF) (FILED ON 3/13/2023) (ENTERED: 03/13/2023)
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03/15/2023
(#2) SUMMONS ISSUED AS TO CONRAD NAGEL, WILLIAM L. PRENEVAU, TOWN OF AMHERST. (TMK) (ENTERED: 03/15/2023)
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03/15/2023
NOTICE OF AVAILABILITY OF MAGISTRATE JUDGE: A UNITED STATES MAGISTRATE OF THIS COURT IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION IN ACCORDANCE WITH 28 U.S.C. 636C AND FRCP 73. THE NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE FORM (AO-85) IS AVAILABLE FOR DOWNLOAD AT #HTTP://WWW.USCOURTS.GOV/SERVICES-FORMS/FORMS. (TMK) (ENTERED: 03/15/2023)
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02/23/2023
(#96) DECLARATION RE #95 MEMORANDUM IN SUPPORT OF MOTION, #94 MOTION TO CERTIFY CLASS PLAINTIFFS' MOTION FOR CLASS CERTIFICATION DECLARATION OF MARK K. GYANDOH BY NATHAN BYRNE, MATTHEW W. COVIELLO, VICTORIA HALSTED. (ATTACHMENTS: #1 EXHIBIT 1 - 104(B) REQUEST, #2 EXHIBIT 2 - 104(B) 2ND REQUEST, #3 EXHIBIT 3 - LTRS TO IRS AND LABOR, #4 EXHIBIT 4 - DECLARATION OF MATTHEW W. COVIELLO, #5 EXHIBIT 5 - DECLARATION OF NATHAN BYRNE, #6 EXHIBIT 6 - DECLARATION OF VICTORIA HALSTED, #7 EXHIBIT 7 - LIST OF CLASS CERT DECISIONS)(GYANDOH, MARK) (ENTERED: 02/23/2023)
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02/23/2023
(#95) MEMORANDUM IN SUPPORT RE #94 MOTION TO CERTIFY CLASS PLAINTIFFS' MOTION FOR CLASS CERTIFICATION MEMORANDUM IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION FILED BY NATHAN BYRNE, MATTHEW W. COVIELLO, VICTORIA HALSTED. (GYANDOH, MARK) (ENTERED: 02/23/2023)
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03/02/2023
(#9) WAIVER OF SERVICE RETURNED EXECUTED FILED BY MEGAN ROHRER. SERVICE WAIVED BY SIERRA PACIFIC SYNOD WAIVER SENT ON 3/2/2023, ANSWER DUE 5/1/2023. (PREVOST, TAMARAH) (FILED ON 3/2/2023) (ENTERED: 03/02/2023)
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03/02/2023
(#8) SUMMONS ISSUED AS TO SIERRA PACIFIC SYNOD. (DHM, COURT STAFF) (FILED ON 3/2/2023) (ENTERED: 03/02/2023)
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03/09/2023
(#53) CLERK'S JUDGMENT (RRS) (ENTERED: 03/09/2023)
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03/09/2023
(#52) ORDER GRANTING DEFENDANT'S MOTION TO DISMISS (DOC. 40). SIGNED BY JUDGE TIMOTHY S. BLACK ON 3/9/2023. (RRS) (ENTERED: 03/09/2023)
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03/23/2023
(#3) SUMMONS ISSUED AS TO DUNKIN BRANDS GROUP, INC., DUNKIN BRANDS, INC.. COUNSEL RECEIVING THIS NOTICE ELECTRONICALLY SHOULD DOWNLOAD THIS SUMMONS, COMPLETE ONE FOR EACH DEFENDANT AND SERVE IT IN ACCORDANCE WITH FED.R.CIV.P. 4 AND LR 4.1. SUMMONS WILL BE MAILED TO PLAINTIFF(S) NOT RECEIVING NOTICE ELECTRONICALLY FOR COMPLETION OF SERVICE. (PACHO, ARNOLD) (ENTERED: 03/23/2023)
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03/22/2023
(#2) ELECTRONIC NOTICE OF CASE ASSIGNMENT. JUDGE RICHARD G. STEARNS ASSIGNED TO CASE. IF THE TRIAL JUDGE ISSUES AN ORDER OF REFERENCE OF ANY MATTER IN THIS CASE TO A MAGISTRATE JUDGE, THE MATTER WILL BE TRANSMITTED TO MAGISTRATE JUDGE M. PAGE KELLEY. (FINN, MARY) (ENTERED: 03/22/2023)
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03/14/2023
(#5) SUMMONS ISSUED AS TO ALL DEFENDANTS. (HDJ, COURT STAFF) (FILED ON 3/14/2023) (ENTERED: 03/14/2023)
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03/14/2023
(#4) INITIAL CASE MANAGEMENT SCHEDULING ORDER WITH ADR DEADLINES: CASE MANAGEMENT STATEMENT DUE BY 6/9/2023. INITIAL CASE MANAGEMENT CONFERENCE SET FOR 6/16/2023 02:00 PM IN SAN FRANCISCO, COURTROOM A, 15TH FLOOR. (HDJ, COURT STAFF) (FILED ON 3/14/2023) (ENTERED: 03/14/2023)
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02/20/2023
(#57) ANSWER TO #47 AMENDED COMPLAINT,, BY AARON TUCKER. (FELTNER, CHRISTIAN) (ENTERED: 02/20/2023)
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02/20/2023
(#56) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM BY DEFENDANTS GLENN TODD DALTON, LESLIE T. MOSES, DAVID CRAIG REED, MICHAEL ROGERS, RICHARD SANDERS, SHELBY SLONE, DARREN STAPLETON (ATTACHMENTS: #1 EXHIBIT 1 - CERTIFIED PERSONNEL RECORDS, #2 PROPOSED ORDER GRANTING NEWLY-ADDED DEFENDANTS' MOTION TO DISMISS) (ARNETT, ALEA) (ENTERED: 02/20/2023)
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03/17/2023
(#86) NOTICE OF SETTLEMENT FILED BY PLAINTIFFS SHYHI HENRY HSAIO, NEIL FOX PAREKH. (DONIGER, STEPHEN) (ENTERED: 03/17/2023)
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03/09/2023
(#85) ORDER GRANTING APPLICATION OF NON-RESIDENT ATTORNEY JONATHAN D. DAVIS TO APPEAR PRO HAC VICE ON BEHALF OF ERIC WHITE, NON PARTY WITNESS AND DESIGNATING TAMI K. SIMS AS LOCAL COUNSEL #84 BY JUDGE FERNANDO L. AENLLE-ROCHA. (LC) (ENTERED: 03/09/2023)
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03/23/2023
(#9) STATEMENT OF RELATEDNESS RE: THAT THIS ACTION BE FILED AS RELATED TO 1:22CV09355. DOCUMENT FILED BY ANTHONY DEVITO, SEAN DONNELLY, JOSEPH ZIMMERMAN..(KAMBER, SCOTT) (ENTERED: 03/23/2023)
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03/22/2023
(#8) AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. IN COMPLIANCE WITH THE PROVISIONS OF 17 U.S.C. 508, THE REGISTER OF COPYRIGHTS IS HEREBY ADVISED THAT A COURT ACTION HAS BEEN FILED ON THE FOLLOWING COPYRIGHT(S) IN THE U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK. FORM E-MAILED TO REGISTER OF COPYRIGHTS. (VF) (ENTERED: 03/22/2023)
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02/28/2023
(#5) NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE PURSUANT TO 28 U.S.C. 636(C), FED.R.CIV.P.73, AND LOCAL RULE 72.1, THIS COURT HAS DESIGNATED THE MAGISTRATE JUDGES OF THIS DISTRICT TO CONDUCT TRIALS AND OTHERWISE DISPOSE OF ANY CIVIL CASE THAT IS FILED IN THIS COURT. YOUR DECISION TO CONSENT, OR NOT CONSENT, TO THE REFERRAL OF YOUR CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL AND ENTRY OF A FINAL JUDGMENT MUST BE ENTIRELY VOLUNTARY. THE JUDGE OR MAGISTRATE JUDGE TO WHOM THE CASE HAS BEEN ASSIGNED WILL NOT BE INFORMED OF YOUR DECISION UNLESS ALL PARTIES AGREE THAT THE CASE MAY BE REFERRED TO A MAGISTRATE JUDGE FOR THESE SPECIFIC PURPOSES. A LESS THAN UNANIMOUS DECISION WILL NOT BE COMMUNICATED BY THIS OFFICE TO EITHER THE JUDGE OR MAGISTRATE JUDGE. THE CONSENT FORM IS AVAILABLE ON THE COURTS WEBSITE AT HTTPS://WWW.TNWD.USCOURTS.GOV/FORMS-AND-APPLICATIONS.PHP (AGJ) (ENTERED: 03/01/2023)
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02/28/2023
(#4) NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: PURSUANT TO LOCAL RULE 16.2, THIS CASE HAS BEEN ASSIGNED TO THE STANDARD TRACK. HTTP://WWW.TNWD.USCOURTS.GOV/PDF/CONTENT/LOCALRULES.PDF (AGJ) (ENTERED: 03/01/2023)
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03/09/2023
(#45) ORDER BY MAGISTRATE JUDGE LAUREL BEELER GRANTING #44 STIPULATION DISMISSING THE ACTION WITH PREJUDICE. (EJK, COURT STAFF) (FILED ON 3/9/2023) (ENTERED: 03/09/2023)
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03/08/2023
(#44) STIPULATION WITH PROPOSED ORDER DISMISSING THE ACTION WITH PREJUDICE FILED BY BRANDON JOHNSON-JACK, MICHAEL XAVIER. (ATTACHMENTS: #1 PROPOSED ORDER GRANTING STIPULATION AND JOINT REQUEST FOR ORDER DISMISSING ACTION)(PERSINGER, MELANIE) (FILED ON 3/8/2023) (ENTERED: 03/08/2023)
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03/16/2023
(#83) ORDER GRANTING IN PART AND DENYING IN PART #50 MOTION FOR CONDITIONAL CERTIFICATION OF FLSA COLLECTIVE; DENYING #52 MOTION FOR RULE 23 CLASS CERTIFICATION. FOR THE REASONS DESCRIBED IN THE ATTACHED RULING, PLAINTIFFS' MOTION FOR CONDITIONAL CERTIFICATION OF AN FLSA COLLECTIVE IS GRANTED IN PART AND DENIED IN PART, AND PLAINTIFFS' MOTION FOR RULE 23 CLASS CERTIFICATION IS DENIED. BY MARCH 27, 2023, THE PARTIES SHALL SUBMIT A REVISED PROPOSED NOTICE AND CONSENT FORM IN COMPLIANCE WITH THIS RULING. BY MARCH 30, 2023, DEFENDANTS SHALL PRODUCE TO PLAINTIFFS' COUNSEL A LIST OF ALL HHAS WHO WORKED MORE THAN 40 HOURS IN ANY GIVEN WEEK AS AN EMPLOYEE OF BRIGHTSTAR IN CONNECTICUT BETWEEN JUNE 2, 2017, AND THE PRESENT. SIGNED BY JUDGE SARALA V. NAGALA ON 03/16/2023. (KUEGLER, ADAM) (ENTERED: 03/16/2023)
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10/18/2022
(#82) REPLY TO RESPONSE TO #52 MOTION TO CERTIFY CLASS UNDER F.R.C.P. RULE 23, #50 MOTION TO CERTIFY CLASS CONDITIONAL CERTIFICATION OF FLSA COLLECTIVES PLAINTIFFS' REPLY TO DEFENDANTS' SUPPLEMENTAL BRIEFING FILED BY GWENDOLINE ABOAH, TANIA STEWART. (ATTACHMENTS: #1 EXHIBIT 1)(EGBARIN, NITOR) (ENTERED: 10/18/2022)
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03/22/2023
(#223) MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT CHRISTOPHER KAMON'S MOTION TO STAY PROCEEDINGS [FILED 2/13/23; DOCKET NO. #189 ]; ORDER GRANTING DEFENDANT DAVID LIRA'S MOTION TO STAY PROCEEDINGS UNTIL RESOLUTION OF THE PARALLEL CRIMINAL PROCEEDING [FILED 2/13/23; DOCKET NO. #194 ]; AND ORDER GRANTING MOTION TO STAY BY DEFENDANTS HATCHER AND WRONGFUL DEATH CONSULTANTS [FILED 2/17/23; DOCKET NO. #205 ] BY JUDGE JOHN F. WALTER. KAMON'S MOTION TO STAY PROCEEDINGS, LIRA'S MOTION TO STAY PROCEEDINGS UNTIL RESOLUTION OF THE PARALLEL CRIMINAL PROCEEDING, AND THE HATCHER DEFENDANTS' MOTION TO STAY ARE GRANTED. THIS ACTION IS STAYED PENDING RESOLUTION OF THE THREE PARALLEL CRIMINAL CASES THE ILLINOIS CRIMINAL CASE, THE FIRST CALIFORNIA CRIMINAL CASE, AND THE SECOND CALIFORNIA CRIMINAL CASE. IN LIGHT OF THE COURTS ORDER STAYING THIS ACTION, ALL PENDING MOTIONS #161 , #163 , #166 , #167 , #168 , AND #171 ARE DENIED WITHOUT PREJUDICE TO RE-FILING AFTER THE STAY IS LIFTED. COUNSEL FOR EDELSON SHALL NOTIFY THE COURT WHEN THE THREE PARALLEL CRIMINAL CASES HAVE BEEN CONCLUDED. (IV) (ENTERED: 03/22/2023)
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03/16/2023
(#222) MINUTE (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION DEFENDANTS' MOTIONS [DOCKET NOS. #161 , #163 , #166 , #167 , #168 , #171 , #189 , #194 , AND #205 ] BY JUDGE JOHN F. WALTER. THE COURT FINDS THAT THESE MATTERS ARE APPROPRIATE FOR DECISION WITHOUT ORAL ARGUMENT. THE HEARING CALENDARED FOR MARCH 20, 2023 IS HEREBY VACATED AND THE MATTERS ARE TAKEN OFF CALENDAR. THE MATTERS WILL BE DEEMED SUBMITTED ON THE VACATED HEARING DATE AND THE CLERK WILL NOTIFY THE PARTIES WHEN THE COURT HAS REACHED A DECISION. (IV) (ENTERED: 03/16/2023)
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03/01/2023
(#7) SUMMONS ISSUED BY COURT CLERK AS TO CRYSTAL HERNANDEZ, CARRIE SLATTON-HODGES (BLC, DPTY CLK) (ENTERED: 03/01/2023)
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03/01/2023
(#6) MINUTE ORDER BY COURT CLERK , DIRECTING LESLIE BRIGGS, EVAN WATSON, AND HENRY A MEYER III TO FILE A DISCLOSURE STATEMENT PURSUANT TO FRCVP 7.1 AND LCVR 7.1-1, IF APPLICABLE. THE PARTIES SHALL USE THE FORM ENTITLED DISCLOSURE STATEMENT AVAILABLE ON THE COURTS WEBSITE. (THIS ENTRY IS THE OFFICIAL ORDER OF THE COURT. NO DOCUMENT IS ATTACHED.) (LMT, DPTY CLK) (ENTERED: 03/01/2023)
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03/02/2023
(#58) REPORT ON THE DETERMINATION OF AN ACTION REGARDING A COPYRIGHT. (CLOSING) (ATTACHMENTS: #1 STIPULATION) (LOM) (ENTERED: 03/02/2023)
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03/02/2023
(#57) JOINT STIPULATION TO DISMISS CASE PURSUANT TO FED. R. CIV. PROC. 41(A)(1)(A)(II) FILED BY DEFENDANT WARNER MUSIC GROUP CORP.(RANSOM, ROLLIN) (ENTERED: 03/02/2023)
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03/22/2023
(#84) ORDER: (1) GRANTING & DENYING IN PART THE SEAWORLD DEFENDANT'S MOTION TO DISMISS (2) GRANTING ALLIANT'S MOTION TO DISMISS & DISMISSING PLAINTIFF'S CLAIMS AGAINST ALLIANT WITHOUT PREJUDICE (3) DENYING DEFENDANTS' MOTIONS FOR ORAL ARGUMENT (ECF NOS. #50 , #51 , #52 , #62 , #63 ). SIGNED BY DISTRICT JUDGE ROBERT S. HUIE ON 3/22/2023. (ALNS) (ENTERED: 03/22/2023)
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02/28/2023
(#83) MINUTE ORDER BY DISTRICT JUDGE ROBERT S. HUIE: FOR GOOD CAUSE SHOWN, THE COURT GRANTS THE PARTIES' VARIOUS EX PARTE MOTIONS FOR LEAVE TO FILE NOTICES OF SUPPLEMENTAL AUTHORITY #66 , #69 , #73 , #75 , #78 , #80 . GIVEN THAT THE PARTIES' SUPPLEMENTAL AUTHORITIES ARE ATTACHED TO THEIR RESPECTIVE MOTIONS, THE PARTIES NEED NOT TAKE ANY FURTHER ACTION. (NO DOCUMENT ATTACHED) (LAO) (ENTERED: 02/28/2023)
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03/03/2023
(#111) JUDGMENT BY JUDGE FERNANDO M. OLGUIN. PLAINTIFF MELINDA TOMES SHALL BE PAID A SERVICE PAYMENT OF $2,500.00 IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND THE ORDER. CLASS COUNSEL SHALL BE PAID $437,500.00 IN ATTORNEY'S FEES, AND $15,780.88 IN COSTS IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND THE ORDER. THE SETTLEMENT ADMINISTRATOR, JND, SHALL BE PAID ITS FEES AND EXPENSES IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND THE ORDER IN AN AMOUNT NOT TO EXCEED $200,000. (MD JS-6, CASE TERMINATED). (IV) (ENTERED: 03/03/2023)
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03/03/2023
(#110) ORDER RE: FINAL APPROVAL OF CLASS ACTION SETTLEMENT #95 #96 BY JUDGE FERNANDO M. OLGUIN. *SEE ORDER FOR DETAILS.* (IV) (ENTERED: 03/03/2023)
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02/28/2023
(#44) NOTICE OF COURT PRACTICE. UNLESS OTHERWISE SPECIFIED BY THE COURT, EVERY MOTION SHALL BE DOUBLE-SPACED IN TIMES NEW ROMAN 12-POINT TYPEFACE. MULTIPLE PLAINTIFFS OR DEFENDANTS SHALL FILE JOINT MOTIONS WITH CO-PARTIES UNLESS THERE ARE CLEAR CONFLICTS OF POSITION. IF CONFLICTS OF POSITION EXIST, PARTIES SHALL EXPLAIN THE CONFLICTS IN THEIR SEPARATE MOTIONS. FAILURE TO COMPLY WITH ANY OF THESE PROCEDURES MAY RESULT IN THE IMPOSITION OF APPROPRIATE SANCTIONS, INCLUDING BUT NOT LIMITED TO, THE STRIKING OF THE MOTION OR DISMISSAL OF THIS ACTION. SIGNED BY JUDGE DARRIN P. GAYLES ON 2/28/2023. (NCE) (ENTERED: 02/28/2023)
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02/27/2023
(#43) BAR LETTER RE: ADMISSIONS SENT TO ATTORNEY MATTHEW THOMAS FOSS, NICHOLAS W ARMSTRONG, TIMOTHY RYAN LANGLEY, LAUREN HEATH CARROWAY, JOHN P HUTCHINS, PAUL G KARLSGODT, EVAN MATTHEW MANNERING, MAILING DATE FEBRUARY 27, 2023, (PT) (ENTERED: 02/27/2023)
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03/15/2023
JUDGE KAREN M. WILLIAMS AND MAGISTRATE JUDGE ELIZABETH A. PASCAL ADDED. (DMW) (ENTERED: 03/16/2023)
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03/15/2023
(#1) COMPLAINT AGAINST ALL DEFENDANTS ( FILING AND ADMIN FEE $ 402 RECEIPT NUMBER ANJDC-14165069) WITH JURY DEMAND, FILED BY ANGELA READING. (ATTACHMENTS: #1 CIVIL COVER SHEET, #2 EXHIBIT EXHIBIT BINDER: EXHIBITS 1-27 WITH BOOKMARKS AND INDIVIDUAL EXHIBIT DESCRIPTORS)(FERRARA, CHRISTOPHER) (ENTERED: 03/15/2023)
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03/01/2023
(#339) NOTICE OF APPEARANCE BY ADAM REESE SHAW ON BEHALF OF PALM TRAN, INC. AMALGAMATED TRANSIT UNION LOCAL 1577 PENSION PLAN..(SHAW, ADAM) (ENTERED: 03/01/2023)
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03/01/2023
***NOTICE TO COURT REGARDING PROPOSED ORDER. DOCUMENT NO. #338 PROPOSED ORDER WAS REVIEWED AND APPROVED AS TO FORM. (KM) (ENTERED: 03/01/2023)
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03/15/2023
CASE ASSIGNED TO JUDGE MARYELLEN NOREIKA. PLEASE INCLUDE THE INITIALS OF THE JUDGE (MN) AFTER THE CASE NUMBER ON ALL DOCUMENTS FILED. (NMS) (ENTERED: 03/15/2023)
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03/13/2023
NO SUMMONS ISSUED. (APK) (ENTERED: 03/14/2023)
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02/27/2023
(#14) EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0010: PURSUANT THAT TO THE EXECUTIVE COMMITTEE ORDER ENTERED ON FEBRUARY 23, 2023, THE CIVIL CASES ON THE ATTACHED LIST HAVE BEEN SELECTED FOR REASSIGNMENT TO FORM THE INITIAL CALENDAR OF THE HONORABLE LINDSAY C. JENKINS; THEREFORE IT IS HEREBY ORDERED THAT THE ATTACHED LIST OF 281 CASES BE REASSIGNED TO THE HONORABLE LINDSAY C. JENKINS; AND IT IS FURTHER ORDERED THAT ALL PARTIES AFFECTED BY THIS ORDER MUST REVIEW THE HONORABLE LINDSAY C. JENKINS' WEBPAGE ON THE COURT'S WEBSITE FOR THE PURPOSE OF REVIEWING INSTRUCTIONS REGARDING SCHEDULING AND CASE MANAGEMENT PROCEDURES; AND IT IS FURTHER ORDERED THAT ANY CIVIL CASE THAT HAS BEEN REASSIGNED PURSUANT TO THIS ORDER WILL NOT BE RANDOMLY REASSIGNED TO CREATE THE INITIAL CALENDAR OF A NEW DISTRICT JUDGE FOR TWELVE MONTHS FROM THE DATE OF THIS ORDER; AND IT IS FURTHER ORDERED THAT THE CLERK OF COURT IS DIRECTED TO ADD THE HONORABLE LINDSAY C. JENKINS TO THE COURT'S CIVIL CASE ASSIGNMENT SYSTEM DURING THE NEXT BUSINESS DAY, SO THAT SHE SHALL RECEIVE A FULL SHARE OF SUCH CASES; AND IT IS FURTHER ORDERED THAT THE CLERK OF COURT IS DIRECTED TO ADD THE HONORABLE LINDSAY C. JENKINS TO THE COURT'S CRIMINAL CASE ASSIGNMENT SYSTEM NINETY (90) DAYS SO THAT JUDGE JENKINS SHALL THEREAFTER RECEIVE A FULL SHARE OF SUCH CASES. CASE REASSIGNED TO THE HONORABLE LINDSAY C. JENKINS FOR ALL FURTHER PROCEEDINGS. HONORABLE ANDREA R. WOOD NO LONGER ASSIGNED TO THE CASE. SIGNED BY HONORABLE REBECCA R. PALLMEYER ON 2/27/2023.(TG, ) (ENTERED: 02/27/2023)
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02/23/2023
(#13) MINUTE ENTRY BEFORE THE HONORABLE ANDREA R. WOOD: THE PARTIES HAVING FILED A STIPULATION OF DISMISSAL PURSUANT TO FED. R. CIV. P. 41(A)(1)(A)(II) #12 , THIS CASE IS DISMISSED WITH PREJUDICE AND WITH EACH PARTY TO BEAR ITS OWN ATTORNEYS' FEES AND COSTS. ALL PENDING HEARING DATES AND MOTIONS ARE STRICKEN. CIVIL CASE TERMINATED. MAILED NOTICE (LMA, ) (ENTERED: 02/23/2023)
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03/13/2023
(#5) LETTER FROM CLERK RE: LR 83.1 PRO HAC VICE REQUIREMENTS SENT TO SCOTT EDWARD COLE. CLERK TO FOLLOW-UP BY 3/23/2023. (CDG) (ENTERED: 03/13/2023)
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03/13/2023
(#4) RETURN OF SERVICE EXECUTED BY FELICA LIVINGSTON. SMITH, GAMBRELL & RUSSELL, INTERNATIONAL LLP SERVED ON 3/9/2023, ANSWER DUE 3/30/2023. (COLE, SCOTT) (ENTERED: 03/13/2023)
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03/17/2023
(#76) MEMORANDUM OPINION AND ORDER SIGNED BY THE HONORABLE VIRGINIA M. KENDALL ON 3/17/2023. THE COURT DENIES PEOPLECONNECT'S RULE 12(B)(3) MOTION AND ITS RULE 12(B)(6) MOTION TO DISMISS #44 . SEE OPINION FOR FURTHER DETAILS. MAILED NOTICE(LK, ) (ENTERED: 03/17/2023)
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02/24/2023
(#75) MINUTE ENTRY BEFORE THE HONORABLE VIRGINIA M. KENDALL. DEFENDANT'S MOTION FOR LEAVE TO FILE RESPONSE TO PLAINTIFF'S NOTICE OF SUPPLEMENTAL AUTHORITY #72 IS GRANTED. MOTION HEARING SET FOR 2/27/2023 IS STRICKEN. MAILED NOTICE (LK, ) (ENTERED: 02/24/2023)
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03/17/2023
(#28) ORDER DENYING DEFENDANT MOVE, INC. D/B/A REALTOR.COM'S MOTION TO DISMISS (SEE DOCUMENT FOR SPECIFICS) #20 BY JUDGE OTIS D. WRIGHT, II. (LC) (ENTERED: 03/17/2023)
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10/17/2022
(#27) THE HEARING ON THE MOTION TO DISMISS CASE #20 , SCHEDULED FOR OCTOBER 24, 2022 AT 1:30 P.M., IS HEREBY VACATED AND TAKEN OFF CALENDAR. NO APPEARANCES ARE NECESSARY. THE MATTER STANDS SUBMITTED, AND WILL BE DECIDED UPON WITHOUT ORAL ARGUMENT. AN ORDER WILL ISSUE.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (SCE) TEXT ONLY ENTRY (ENTERED: 10/17/2022)
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03/13/2023
(#9) STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT UPON FILING OF THE COMPLAINT BY JUDGE JOHN A. KRONSTADT. PLEASE READ EACH ORDER CAREFULLY AS THEY DIFFER IN SOME RESPECTS FROM THE LOCAL RULES. COUNSEL ARE ADVISED THAT THE COURT, AT ANY TIME, MAY AMEND ONE OR MORE OF ITS STANDING ORDERS. IT IS THE RESPONSIBILITY OF COUNSEL TO REFER TO THIS COURT'S PROCEDURES AND SCHEDULES FOUND ON THE WEBSITE FOR THE UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (WWW.CACD.USCOURTS.GOV) TO OBTAIN THE OPERATIVE ORDER. THE COURT THANKS THE PARTIES AND THEIR COUNSEL FOR THEIR ANTICIPATED COOPERATION IN CARRYING OUT THESE REQUIREMENTS. (TJ) (ENTERED: 03/13/2023)
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03/10/2023
(#8) 21 DAY SUMMONS ISSUED RE COMPLAINT (ATTORNEY CIVIL CASE OPENING) #1 AS TO DEFENDANT SMITH, GAMBRELL AND RUSSELL INTERNATIONAL, LLP. (LH) (ENTERED: 03/10/2023)
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03/21/2023
(#38) ENTERED JUDGMENT. MAILED NOTICE(RJ, ) (ENTERED: 03/22/2023)
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03/21/2023
(#37) OPINION AND ORDER. FOR THE REASONS STATED IN THE ACCOMPANYING OPINION AND ORDER, THE COURT GRANTS WALMART'S MOTION TO DISMISS #25 . THE COURT DISMISSES KAHN'S INDIVIDUAL CLAIMS WITH PREJUDICE AND HIS PUTATIVE CLASS CLAIMS WITHOUT PREJUDICE. CIVIL CASE TERMINATED. SIGNED BY THE HONORABLE SARA L. ELLIS ON 3/21/2023:MAILED NOTICE(RJ, ) (ENTERED: 03/22/2023)
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03/08/2023
(#427) ORDER. FOR THE REASONS STATED IN THE ATTACHED MEMORANDUM AND ORDER, THE MOTIONS TO DISMISS FILED BY THE "SELLING SHAREHOLDER" DEFENDANTS AT DOCS. #231 , #234 , #252 , #267 , #319 , #327 , AND #362 ARE DENIED. PLAINTIFFS' MOTION TO WITHDRAW AT DOC. #395 IS GRANTED. DEFENDANTS, THE BIDWILL KASINO TRUST, ITS TRUSTEE, AND ANY BENEFICIARIES OF THE TRUST, ALONG WITH DEFENDANTS THE BENEFICIARIES OF THE BIDWILL SUCCESSION TRUST ARE DISMISSED, WITHOUT PREJUDICE. THE CLERK OF COURT IS DIRECTED TO TERMINATE THOSE DEFENDANTS FROM THE DOCKET SHEET. FINALLY, PLAINTIFFS ARE DIRECTED TO SHOW CAUSE BY MARCH 27, 2023 FOR WHY DEFENDANT MARY C. BIDWILL SHOULD NOT BE DISMISSED FOR A FAILURE TO PROSECUTE PURSUANT TO FED. R. CIV. P. 41. (SHOW CAUSE RESPONSE DUE BY 3/27/2023). SIGNED BY JUDGE DAVID W. DUGAN ON 3/8/2023. (ARM) (ENTERED: 03/08/2023)
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03/06/2023
(#426) ORDER. FOR THE REASONS STATED IN THE ATTACHED MEMORANDUM AND ORDER, DEFENDANT BIDWILL AND RAND'S MOTION TO DISMISS #155 AND MOTION TO SUPPLEMENT #393 , DEFENDANT KOMAN'S MOTION FOR JUDGMENT ON THE PLEADINGS #159 , AND PLAINTIFFS' MOTION TO DEFER BRIEFING #217 ARE DENIED. NOW THAT THE MOTIONS AT DOC. 155 AND DOC. 159 ARE RESOLVED, THE COURT LIFTS ALL PREVIOUSLY IMPOSED STAYS ON BRIEFING. NEVERTHELESS, THE MOTIONS TO DISMISS FILED BY THIRD-PARTY DEFENDANTS PHILLIP B. KENNY, JOAN KENNY ROSE, JAMES C. KENNY, JOHN E. KENNY, JR., PATRICK B. KENNY, MICHAEL GAUGHAN, AND FRANKLIN TOTI (DOCS. 307, 310, 354) ARE DENIED, WITHOUT PREJUDICE, AND WITH LEAVE TO REFILE BY MARCH 27, 2023. RESPONSES TO THOSE MOTIONS ARE DUE APRIL 27, 2023. ANY OUTSTANDING ANSWERS OR RESPONSES ARE DUE BY MARCH 27, 2023. SIGNED BY JUDGE DAVID W. DUGAN ON 3/6/2023. (ARM) (ENTERED: 03/06/2023)
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03/03/2023
(#2) SUMMONS ISSUED AS TO EXXON MOBIL CORPORATION. (NOTICE: COUNSEL SHALL PRINT AND SERVE BOTH THE SUMMONS AND ALL ATTACHMENTS IN ACCORDANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 4.) (LLH) (ENTERED: 03/03/2023)
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03/02/2023
(#1) COMPLAINT AGAINST EXXON MOBIL CORPORATION, FILED BY UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (ATTACHMENTS: #1 CIVIL COVER SHEET, #2 SUMMONS)(OWEN, ELIZABETH) (ENTERED: 03/02/2023)
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03/21/2023
(#80) OPINION AND ORDER RE: #64 MOTION TO DISMISS VERIFIED STOCKHOLDER DERIVATIVE COMPLAINT. FILED BY ADAM M ARON, LLOYD L HILL, CHRIS A COX, CRAIG R RAMSEY, ADAM J SUSSMAN, ANTHONY J SAICH, GARY F LOCKE, KATHLEEN M PAWLUS, AMC ENTERTAINMENT HOLDINGS, INC., LINCOLN ZHANG, PHILLIP LADER, MAOJUN ZENG, JACK Q GAO, HOWARD W. KOCH, JR., LEE E WITTLINGER. FOR THE FOREGOING REASONS, DEFENDANTS' MOTION TO DISMISS IS GRANTED. THE CLERK OF THE COURT IS RESPECTFULLY DIRECTED TO TERMINATE ECF NO. 64. (SIGNED BY JUDGE ANDREW L. CARTER, JR ON 3/21/2023) (ATE) (ENTERED: 03/21/2023)
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09/30/2022
(#79) ORDER DENYING #67 LETTER MOTION FOR ORAL ARGUMENT; GRANTING #68 LETTER MOTION TO SEAL; TERMINATING #75 LETTER MOTION FOR EXTENSION OF TIME TO FILE RESPONSE/REPLY RE #67 LETTER MOTION FOR ORAL ARGUMENT ON MOTION TO DISMISS THE VERIFIED STOCKHOLDER DERIVATIVE COMPLAINT ADDRESSED TO JUDGE ALISON J. NATHAN FROM JOHN A. NEUWIRTH DATED JANUARY 14, 2022., #68 LETTER MOTION TO SEAL LIMITED PORTIONS OF DEFENDANTS MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS, EXHIBIT C TO THE DECLARATION OF JOSHUA S. AMSEL IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS AND THE DESCRIPTION OF EXHIBI, #75 LETTER MOTION FOR EXTENSION OF TIME TO FILE RESPONSE/REPLY (EXTENSION OF TIME TO FILE REPLY PAPERS) ADDRESSED TO JUDGE ANDREW L. CARTER, JR. FROM JOHN A. NEUWIRTH DATED APRIL 12, 2022., #77 LETTER MOTION TO SEAL LIMITED PORTIONS OF DEFENDANTS' REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF DEFENDANTS' MOTION TO DISMISS ADDRESSED TO JUDGE ANDREW L. CARTER, JR. FROM JOHN A. NEUWIRTH DATED MAY 13, 2022. ; GRANTING #77 LETTER MOTION TO SEAL. DEFENDANTS' LETTER MOTION FOR ORAL ARGUMENT IS HEREBY DENIED. THE PARTIES LETTER MOTIONS TO SEAL DOCUMENT FILED IN CONNECTION WITH DEFENDANTS' MOTION TO DISMISS ARE HEREBY GRANTED. THE CLERK OF THE COURT IS RESPECTFULLY DIRECTED TO TERMINATE ECF NO. 67, 68, 75, 77. (SIGNED BY JUDGE ANDREW L. CARTER, JR ON 9/30/2022) (ATE) (ENTERED: 09/30/2022)
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03/17/2023
(#22) ORDERIT IS ORDERED THAT DEFENDANT MARTEN TRANSPORT'S MOTION TO DISMISS, DKT #13 , IS GRANTED IN PART. PLAINTIFF SCOTT LINMAN'S CLAIMS FOR INJUNCTIVE RELIEF, BREACH OF CONTRACT, UNJUST ENRICHMENT, INVASION OF PRIVACY, AND BREACH OF CONFIDENCE ARE DISMISSED. THE MOTION IS DENIED AS TO LINMAN'S NEGLIGENCE CLAIM. SIGNED BY DISTRICT JUDGE JAMES D. PETERSON ON 3/17/2023. (VOC) (ENTERED: 03/17/2023)
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08/02/2022
(#21) ** TEXT ONLY ORDER ** THE PARTIES' #20 JOINT REQUEST TO HOLD IN ABEYANCE THE FRONT-END 21-DAY DEADLINE SET IN THE STANDING ORDER GOVERNING ESI IS GRANTED. THE CLOCK STARTS TO RUN WHEN THE DISCOVERY STAY IS LIFTED. SIGNED BY MAGISTRATE JUDGE STEPHEN L. CROCKER ON 8/2/2022. (RKS) (ENTERED: 08/02/2022)
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03/08/2023
(#17) ELECTRONIC SUMMONS ISSUED IN ACCORDANCE WITH FED. R. CIV. P. 4 AND LR 4 AS TO *BROWN UNIVERSITY, CORNELL UNIVERSITY, HARVARD UNIVERSITY, IVY LEAGUE COUNCIL OF PRESIDENTS, PRINCETON UNIVERSITY, TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, TRUSTEES OF DARTMOUTH COLLEGE, TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, YALE UNIVERSITY* WITH ANSWER TO COMPLAINT DUE WITHIN *21* DAYS. ATTORNEY *STEPHEN M. KINDSETH* *ZEISLER & ZEISLER, P.C.* *10 MIDDLE STREET 15TH FLOOR* *BRIDGEPORT, CT 06604*. (BARRY, L) (ENTERED: 03/08/2023)
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03/08/2023
(#16) NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : COUNSEL OR SELF-REPRESENTED PARTIES INITIATING OR REMOVING THIS ACTION ARE RESPONSIBLE FOR SERVING ALL PARTIES WITH ATTACHED DOCUMENTS AND COPIES OF 2 NOTICE RE: DISCLOSURE STATEMENT,, #15 PROTECTIVE ORDER, #14 ELECTRONIC FILING ORDER, #13 ORDER ON PRETRIAL DEADLINES, #1 COMPLAINT FILED BY TAMENANG CHOH, GRACE KIRK SIGNED BY CLERK ON 3/7/2023.(BARRY, L) (ENTERED: 03/08/2023)
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02/24/2023
(#249) MEMO ENDORSEMENT ON RE: #248 LETTER, FILED BY BOARD OF DIRECTORS OF OMNICOM GROUP, INC., ADMINISTRATIVE COMMITTEE OF THE OMNICOM GROUP RETIREMENT SAVINGS PLAN, OMNICOM GROUP, INC.. ENDORSEMENT: GRANTED. SO ORDERED. (SIGNED BY JUDGE COLLEEN MCMAHON ON 2/24/2023) (KV) (ENTERED: 02/24/2023)
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02/24/2023
(#248) LETTER ADDRESSED TO JUDGE COLLEEN MCMAHON FROM PETER A. WALD DATED FEBRUARY 24, 2023 RE: NOTIFICATION OF SETTLEMENT. DOCUMENT FILED BY ADMINISTRATIVE COMMITTEE OF THE OMNICOM GROUP RETIREMENT SAVINGS PLAN, BOARD OF DIRECTORS OF OMNICOM GROUP, INC., OMNICOM GROUP, INC...(WALD, PETER) (ENTERED: 02/24/2023)
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02/28/2023
(#9) WAIVER OF SERVICE RETURNED EXECUTED BY SANJAY GUPTA AS TO ANN AUSTIN WAIVER SENT ON 2/28/2023, ANSWER DUE 5/1/2023 (TEMPLE, NANCY) (ENTERED: 02/28/2023)
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02/28/2023
(#8) WAIVER OF SERVICE RETURNED EXECUTED BY SANJAY GUPTA AS TO ALLISON TOWE WAIVER SENT ON 2/28/2023, ANSWER DUE 5/1/2023 (TEMPLE, NANCY) (ENTERED: 02/28/2023)
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03/17/2023
(#120) NOTICE OF FILING OF OFFICIAL TRANSCRIPT WITH CERTIFICATE OF SERVICE RE #119 TRANSCRIPT - PDF,, 3/17/23 ENTERED AND COPIES EMAILED.. (BW) (ENTERED: 03/17/2023)
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03/17/2023
(#119) TRANSCRIPT OF HEARING ON MOTION FOR PRELIMINARY APPROVAL AND MOTION TO INTERVENE HELD ON 2/23/23, BEFORE JUDGE ANITA B. BRODY. COURT REPORTER: ESR / TRANSCRIBER: JESSICA B. CAHILL. MAUKELE TRANSCRIBERS, LLC. 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.. REDACTION REQUEST DUE 4/7/2023. REDACTED TRANSCRIPT DEADLINE SET FOR 4/17/2023. RELEASE OF TRANSCRIPT RESTRICTION SET FOR 6/15/2023. (BW) (ENTERED: 03/17/2023)
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03/01/2023
(#49) MEMORANDUM OPINION AND ORDER THAT THE DEFENDANTS' MOTION TO DISMISS (DKT. NO. 41) IS GRANTED AND PLAINTIFF'S AMENDED COMPLAINT (DKT. NO. 38) IS DISMISSED WITH PREJUDICE IN ITS ENTIRETY (SEE ORDER FOR FURTHER DETAILS). SIGNED BY DISTRICT JUDGE MICHAEL S NACHMANOFF ON 3/1/2023. (DEST) (ENTERED: 03/01/2023)
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02/08/2023
(#48) NOTICE BY BOOZ ALLEN HAMILTON INC., THE ADMINISTRATIVE COMMITTEE OF THE BOOZ ALLEN HAMILTON INC. EMPLOYEES' CAPITAL ACCUMULATION PLAN, THE BOARD OF TRUSTEES OF BOOZ ALLEN HAMILTON INC. RE #42 MEMORANDUM IN SUPPORT, #41 MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT OF SUPPLEMENTAL AUTHORITY (ATTACHMENTS: #1 EXHIBIT A)(SHARBAUGH, MATTHEW) (ENTERED: 02/08/2023)
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03/06/2023
(#36) CLERK'S JUDGMENT RE: #35 ORDER ON MOTION TO DISMISS IN FAVOR OF PERVINE FOODS, LLC AGAINST CADE SELJAK, JACOB BERNARDI, NANCY TAYLOR. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: THAT FOR THE REASONS STATED IN THE COURT'S MEMORANDUM AND ORDER DATED MARCH 3, 2023, THE COURT HOLDS THAT PLAINTIFFS LACK STANDING TO BRING CLAIMS FOR INJUNCTIVE RELIEF, AND THAT PLAINTIFFS' CLAIMS BASED ON THE ARGUMENT THAT DEFENDANT'S USE OF THE TERM "FIT" IS AN "IMPLIED NUTRIENT CONTENT CLAIM" UNDER 21 U.S.C. 343(R)(1) IS EXPRESSLY PRE-EMPTED UNDER THE NLEA, 21 U.S.C. 343-1(A)(5). TO THE EXTENT PLAINTIFFS ALSO ALLEGE CLAIMS FOR MONETARY RELIEF ON THE BASIS THAT DEFENDANT'S USE OF THE TERM "FIT" ON THEIR "LABELING IS FALSE OR MISLEADING" UNDER 21 U.S.C. 343(A)(1), THOSE CLAIMS ARE DISMISSED AS THE COURT CONCLUDES, AS A MATTER OF LAW, THAT A REASONABLE CONSUMER WOULD NOT HAVE BEEN MISLED BY DEFENDANT'S LABELLING. BECAUSE PLAINTIFFS HAVE FAILED TO STATE A CLAIM RELATED TO THE FITCRUNCH PRODUCTS THEY DID PURCHASE, THEY CANNOT BRING CLAIMS FOR FITBAR PRODUCTS, WHICH THEY DID NOT PURCHASE. ACCORDINGLY, DEFENDANT'S MOTION TO DISMISS IS GRANTED IN ITS ENTIRETY, AND PLAINTIFFS' REQUEST FOR LEAVE TO AMEND IS DENIED; ACCORDINGLY, THE CASE IS CLOSED. (SIGNED BY CLERK OF COURT RUBY KRAJICK ON 3/3/2023) (ATTACHMENTS: #1 APPEAL PACKAGE) (TP) (ENTERED: 03/06/2023)
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03/03/2023
(#35) MEMORANDUM AND ORDER GRANTING #19 MOTION TO DISMISS. IN SUM, THE COURT HOLDS THAT PLAINTIFFS LACK STANDING TO BRING CLAIMS FOR INJUNCTIVE RELIEF, AND THAT PLAINTIFFS' CLAIMS BASED ON THE ARGUMENT THAT DEFENDANT'S USE OF THE TERM "FIT" IS AN "IMPLIED NUTRIENT CONTENT CLAIM" UNDER 21 U.S.C. 343(R)(1) IS EXPRESSLY PRE-EMPTED UNDER THE NLEA, 21 U.S.C. 343-1(A)(5). TO THE EXTENT PLAINTIFFS ALSO ALLEGE CLAIMS FOR MONETARY RELIEF ON THE BASIS THAT DEFENDANT'S USE OF THE TERM "FIT" ON THEIR "LABELING IS FALSE OR MISLEADING" UNDER 21 U.S.C. 343(A)(1), THOSE CLAIMS ARE DISMISSED AS THE COURT CONCLUDES, AS A MATTER OF LAW, THAT A REASONABLE CONSUMER WOULD NOT HAVE BEEN MISLED BY DEFENDANT'S LABELLING. BECAUSE PLAINTIFFS HAVE FAILED TO STATE A CLAIM RELATED TO THE FITCRUNCH PRODUCTS THEY DID PURCHASE, THEY CANNOT BRING CLAIMS FOR FITBAR PRODUCTS, WHICH THEY DID NOT PURCHASE. ACCORDINGLY, DEFENDANT'S MOTION TO DISMISS IS GRANTED IN ITS ENTIRETY, AND PLAINTIFFS' REQUEST FOR LEAVE TO AMEND IS DENIED. THE CLERK IS RESPECTFULLY INSTRUCTED TO TERMINATE THE MOTION PENDING AT ECF NO. 19, ENTER JUDGMENT FOR DEFENDANT, AND CLOSE THE CASE. (SIGNED BY JUDGE NAOMI REICE BUCHWALD ON 3/3/2023) (ATE) TRANSMISSION TO ORDERS AND JUDGMENTS CLERK FOR PROCESSING. (ENTERED: 03/03/2023)
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03/09/2023
(#46) FINAL ORDER APPROVING SETTLEMENT SIGNED BY JUDGE BRETT H LUDWIG ON 3/9/23. (CC: ALL COUNSEL)(JAD)
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03/09/2023
(#45) MINUTE ENTRY FOR PROCEEDINGS HELD BEFORE JUDGE BRETT H LUDWIG: FAIRNESS HEARING HELD ON 3/9/2023. BASED ON THE MATERIALS SUBMITTED AND THE STATEMENTS OF COUNSEL, THE COURT GRANTED FINAL APPROVAL OF THE SETTLEMENT. (TAPE #44) (JAD)
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03/14/2023
CASE DESIGNATED ECF. (JGO) (ENTERED: 03/14/2023)
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03/14/2023
MAGISTRATE JUDGE JAMES L. COTT IS SO DESIGNATED. PURSUANT TO 28 U.S.C. SECTION 636(C) AND FED. R. CIV. P. 73(B)(1) PARTIES ARE NOTIFIED THAT THEY MAY CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE. PARTIES WHO WISH TO CONSENT MAY ACCESS THE NECESSARY FORM AT THE FOLLOWING LINK: #HTTPS://NYSD.USCOURTS.GOV/SITES/DEFAULT/FILES/2018-06/AO-3.PDF. (JGO) (ENTERED: 03/14/2023)
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02/24/2023
SUMMONS ISSUED AS TO DEFENDANT ASCENSION HEALTH (SMB, ) (ENTERED: 02/24/2023)
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02/23/2023
CLERK'S NOTICE: PURSUANT TO LOCAL RULE 73.1(B), A UNITED STATES MAGISTRATE JUDGE OF THIS COURT IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION. IF ALL PARTIES CONSENT TO HAVE THE CURRENTLY ASSIGNED UNITED STATES MAGISTRATE JUDGE CONDUCT ALL PROCEEDINGS IN THIS CASE, INCLUDING TRIAL, THE ENTRY OF FINAL JUDGMENT, AND ALL POST-TRIAL PROCEEDINGS, ALL PARTIES MUST SIGN THEIR NAMES ON THE ATTACHED #CONSENT TO# FORM. THIS CONSENT FORM IS ELIGIBLE FOR FILING ONLY IF EXECUTED BY ALL PARTIES. THE PARTIES CAN ALSO EXPRESS THEIR CONSENT TO JURISDICTION BY A MAGISTRATE JUDGE IN ANY JOINT FILING, INCLUDING THE JOINT INITIAL STATUS REPORT OR PROPOSED CASE MANAGEMENT ORDER. (KHG, ) (ENTERED: 02/23/2023)
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03/17/2023
(#11) MINUTE ENTRY BEFORE THE HONORABLE SHARON JOHNSON COLEMAN: PLAINTIFFS' JOINT MOTION FOR LEAVE TO FILE BRIEF IN EXCESS OF THE PAGE LIMITATION #5 IS GRANTED. NO APPEARANCE NECESSARY ON 3/23/2023. MAILED NOTICE. (YM, ) (ENTERED: 03/17/2023)
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03/17/2023
(#10) MINUTE ENTRY BEFORE THE HONORABLE SHARON JOHNSON COLEMAN: ATTORNEYS JAMES S. URBAN AND KATHERINE J. MCLAY'S MOTION FOR LEAVE TO APPEAR PRO HAC VICE #7 , #8 ARE GRANTED. MAILED NOTICE. (YM, ) (ENTERED: 03/17/2023)
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03/23/2023
(#1) COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF PRELIMINARY STATEMENT AGAINST ALL DEFENDANTS ( FILING FEE $ 402 RECEIPT NUMBER AFLNDC-7783100.), FILED BY FIONA FOE, SUSAN DOE, JANE DOE, CHRISTINA COE, BRENDA BOE, FREYA FOE, BENNETT BOE, CARLA COE. (ATTACHMENTS: #1 CIVIL COVER SHEET) (SILVERMAN, LAWRENCE) (ENTERED: 03/23/2023)
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03/13/2023
(#7) NOTICE OF LEAD COUNSEL DESIGNATION BY TIFFANY ROUSSEAU CRUZ ON BEHALF OF PATRICK MAHONEY. LEAD COUNSEL: TIFFANY R. CRUZ. (CRUZ, TIFFANY) (ENTERED: 03/13/2023)
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03/13/2023
(#6) NOTICE OF LOCAL RULE 3.02(A)(2), WHICH REQUIRES THE PARTIES IN EVERY CIVIL PROCEEDING, EXCEPT THOSE DESCRIBED IN SUBSECTION (D), TO FILE A CASE MANAGEMENT REPORT (CMR) USING THE UNIFORM FORM AT WWW.FLMD.USCOURTS.GOV. THE CMR MUST BE FILED (1) WITHIN FORTY DAYS AFTER ANY DEFENDANT APPEARS IN AN ACTION ORIGINATING IN THIS COURT, (2) WITHIN FORTY DAYS AFTER THE DOCKETING OF AN ACTION REMOVED OR TRANSFERRED TO THIS COURT, OR (3) WITHIN SEVENTY DAYS AFTER SERVICE ON THE UNITED STATES ATTORNEY IN AN ACTION AGAINST THE UNITED STATES, ITS AGENCIES OR EMPLOYEES. JUDGES MAY HAVE A SPECIAL CMR FORM FOR CERTAIN TYPES OF CASES. THESE FORMS CAN BE FOUND AT WWW.FLMD.USCOURTS.GOV UNDER THE FORMS TAB FOR EACH JUDGE. (SIGNED BY DEPUTY CLERK). (KAC) (ENTERED: 03/13/2023)
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03/21/2023
(#162) MINUTES OF (IN CHAMBERS) STATUS CONFERENCE RE TRIAL HELD: BEFORE JUDGE OTIS D. WRIGHT, II. COUNSEL INFORM THE COURT THAT THE PARTIES HAVE REACHED A SETTLEMENT IN PRINCIPLE AND WILL FILE FRCP 41COMPLIANT DISMISSAL DOCUMENTS UPON FINALIZING THE SETTLEMENT. THE COURT CONTINUES TRIAL IN THIS MATTER TO MAY 30, 2023 AT 9:00 A.M. THE PARTIES SHALL FILE FRCP 41COMPLIANT DISMISSAL DOCUMENTS BY NO LATER THAN MAY 1, 2023; FAILURE TO DO SO WILL BE DEEMED CONSENT TO DISMISSAL OF THE CASE. FINALLY, THE COURT DISCHARGES ITS APRIL 24, 2022 ORDER TO SHOW CAUSE. (ECF NO. 137.) COURT RECORDER: COURT SMART. (LC) (ENTERED: 03/21/2023)
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03/20/2023
(#161) PROPOSED JURY INSTRUCTIONS FILED BY PLAINTIFF AND CONSOLIDATED DEFENDANT TYLER ARMES.. (HART, ALLISON) (ENTERED: 03/20/2023)
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03/20/2023
(#24) NOTICE AND ORDER FOR EARLY NEUTRAL EVALUATION CONFERENCE EARLY NEUTRAL EVALUATION SET FOR 4/7/2023 01:30 PM BEFORE MAGISTRATE JUDGE MICHAEL S. BERG. CASE MANAGEMENT CONFERENCE SET FOR 4/7/2023 01:30 PM BEFORE MAGISTRATE JUDGE MICHAEL S. BERG. JOINT DISCOVERY PLAN DUE 3/31/2023. SIGNED BY MAGISTRATE JUDGE MICHAEL S. BERG ON 3/20/2023.(SJT) (ENTERED: 03/20/2023)
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03/20/2023
(#23) ORDER DENYING #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. SIGNED BY JUDGE BARRY TED MOSKOWITZ ON 3/20/2023. (SJT) (ENTERED: 03/20/2023)
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03/01/2023
(#57) JUDGMENT. SIGNED BY JUDGE CHARLES R. BREYER ON 3/1/2023. (CRBLC1, COURT STAFF) (FILED ON 3/1/2023) (ENTERED: 03/01/2023)
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03/01/2023
(#56) ORDER BY JUDGE CHARLES R. BREYER GRANTING #47 MOTION TO DISMISS. (CRBLC1, COURT STAFF) (FILED ON 3/1/2023) (ENTERED: 03/01/2023)
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03/24/2023
(#8) NOTICE OF APPEARANCE BY RICHARD E. SHENKAN ON BEHALF OF BLACKHAWK SCHOOL DISTRICT. (SHENKAN, RICHARD) (ENTERED: 03/24/2023)
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03/24/2023
(#7) ORDER OF RECUSAL. PURSUANT TO 28 U.S.C. 455(A), THIS COURT HEREBY RECUSES ITSELF AS TO ALL MATTERS OF THE ABOVE-CAPTIONED CASE AND REQUESTS THAT THIS CASE BE ASSIGNED TO ANOTHER MEMBER OF THE COURT. JUDGE ARTHUR J. SCHWAB RECUSED. SIGNED BY JUDGE ARTHUR J. SCHWAB ON 3/24/2023. TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. THIS TEXT-ONLY ENTRY CONSTITUTES THE ORDER OF THE COURT OR NOTICE ON THE MATTER. (LAR) (ENTERED: 03/24/2023)
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03/17/2023
(#23) ORDER SIGNED BY DISTRICT JUDGE DALE A. DROZD ON 3/16/23 GRANTING IN PART AND DENYING IN PART #14 MOTION TO COMPEL (SEE ORDER FOR FURTHER DETAILS). THIS CASE IS STAYED PENDING THE CALIFORNIA SUPREME COURT'S ISSUANCE OF A DECISION IN ADOLPH V. UBER TECHNOLOGIES, INC., (NO. S274671). THE PARTIES ARE DIRECTED TO FILE A JOINT STATUS REPORT WITHIN 14 DAYS OF THE CALIFORNIA SUPREME COURT'S ISSUANCE OF A DECISION IN ADOLPH V. UBER TECHNOLOGIES, INC., (NO. S274671).(KASTILAHN, A) (ENTERED: 03/17/2023)
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12/08/2022
(#22) MINUTES (TEXT ONLY) FOR PROCEEDINGS HELD VIA VIDEO CONFERENCE BEFORE DISTRICT JUDGE DALE A. DROZD: MOTION HEARING HELD ON 12/8/2022 RE #8 AMENDED MOTION TO REMAND FILED BY AMOLAK DHALIWAL. JEFFREY KLEIN APPEARED BY VIDEO ON BEHALF OF AMOLAK DHALIWAY. LUIS ARIAS APPEARED BY VIDEO ON BEHALF OF ACE HARDWARE CORPORATION. MR. KLEIN ADDRESSED THE COURT AS TO PLAINTIFF'S MOTION TO REMAND AS STATED ON THE RECORD. MR. ARIAS ADDRESSED MR. KLEIN'S ARGUMENT. AFTER HEARING OF ARGUMENTS, FOR THE REASONS STATED ON THE RECORD DURING THE COURT'S 12/8/2022 HEARING IN THIS ACTION, PLAINTIFF'S #8 MOTION TO REMAND IS DENIED. PLAINTIFFS COUNSEL JEFFREY KLEIN PRESENT BY VIDEO. DEFENDANTS COUNSEL LUIS ARIAS PRESENT BY VIDEO. COURT REPORTER/CD NUMBER: JENNIFER COULTHARD. (BUZO, P) (ENTERED: 12/10/2022)
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03/01/2023
(#15) ORDER GRANTING #5 MOTION FOR EXPEDITED DISCOVERY. SIGNED BY DISTRICT JUDGE AMOS L. MAZZANT, III ON 3/1/2023. (RPC, ) (ENTERED: 03/01/2023)
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02/28/2023
(#14) RESPONSE IN OPPOSITION RE #5 FIRST MOTION TO EXPEDITE DISCOVERY FILED BY MARRIOTT INTERNATIONAL INC. (CHAPMAN, NATHAN) (ENTERED: 02/28/2023)
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03/02/2023
(#135) MINUTE ENTRY BEFORE THE HONORABLE JEFFREY T. GILBERT: THE PARTIES WERE TO FILE AN UPDATED DISCOVERY STATUS REPORT ON 2/9/23 #129 BUT NO REPORT WAS FILED. THE PARTIES SHALL FILE THAT REPORT BY 3/16/23. A TELEPHONE STATUS HEARING IS SET FOR 3/23/23 AT 10:30 A.M. THE TOLL-FREE CALL-IN NUMBER AND ACCESS CODE FOR THE TELEPHONE CONFERENCE IS AS FOLLOWS: DIAL: 877-336-1829 ACCESS CODE: 1022195. PERSONS GRANTED REMOTE ACCESS TO PROCEEDINGS ARE REMINDED OF THE GENERAL PROHIBITION AGAINST PHOTOGRAPHING, RECORDING, AND REBROADCASTING OF COURT PROCEEDINGS. VIOLATION OF THESE PROHIBITIONS MAY RESULT IN SANCTIONS. MAILED NOTICE (BER, ) (ENTERED: 03/02/2023)
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03/01/2023
(#134) MEMORANDUM OPINION AND ORDER SIGNED BY THE HONORABLE JOHN F. KNESS ON 3/1/2023. MAILED NOTICE(EF, ) (ENTERED: 03/01/2023)
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03/23/2023
(#3) CORPORATE DISCLOSURE STATEMENT BY RILEY KERKHOFF. (PUTNICK, MARY) (ENTERED: 03/23/2023)
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03/23/2023
(#2) SUMMONS ISSUED AS TO AMAZON.COM, INC., EZRICARE, LLC, EZRIRX, LLC, AND GLOBAL PHARMA HEALTHCARE PRIVATE LTD. ATTACHED IS THE OFFICIAL COURT SUMMONS, PLEASE FILL OUT DEFENDANT AND PLAINTIFFS ATTORNEY INFORMATION AND SERVE. (MLH) (ENTERED: 03/23/2023)
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03/16/2023
(#9) STANDING ORDER BY JUDGE PERCY ANDERSON: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. THIS ACTION HAS BEEN ASSIGNED TO THE CALENDAR OF JUDGE PERCY ANDERSON. BOTH THE COURT AND THE ATTORNEYS BEAR RESPONSIBILITY FOR THE PROGRESS OF LITIGATION IN THE FEDERAL COURTS. TO SECURE THE JUST, SPEEDY, AND INEXPENSIVE DETERMINATION OF EVERY ACTION, FED. R. CIV. P. 1, ALL COUNSEL ARE ORDERED TO FAMILIARIZE THEMSELVES WITH THE FEDERAL RULES OF CIVIL PROCEDURE AND THE LOCAL RULES OF THE CENTRAL DISTRICT OF CALIFORNIA. (SEE DOCUMENT FOR FURTHER DETAILS) (BM) (ENTERED: 03/16/2023)
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03/16/2023
(#8) 21 DAY SUMMONS ISSUED RE COMPLAINT (ATTORNEY CIVIL CASE OPENING), #1 AS TO DEFENDANTS LIVE NATION ENTERTAINMENT, INC., LIVE NATION ENTERTAINMENT, INC. 401 K COMMITTEE. (GHAP) (ENTERED: 03/16/2023)
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03/13/2023
(#4) CERTIFICATE OF INTERESTED ENTITIES BY CHANDRA VANIPENTA RE #1 COMPLAINT, (ROSEN, LAURENCE) (FILED ON 3/13/2023) (ENTERED: 03/13/2023)
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03/13/2023
(#3) PROPOSED SUMMONS. (ROSEN, LAURENCE) (FILED ON 3/13/2023) (ENTERED: 03/13/2023)
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02/14/2023
(#348) SUPPLEMENT EXHIBITS TO #347 OBJECTIONS. (ATTACHMENTS: #1 EXHIBIT) (JD) (ENTERED: 02/24/2023)
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02/14/2023
(#347) OBJECTION FILED BY THE NY STATE COMPTROLLER ON BEHALF OF THE NY STATE COMPTROLLER RETIREMENT FUND (ATTACHMENTS: #1 ENVELOPE) (JD) (ENTERED: 02/23/2023)
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03/23/2023
(#3) CORPORATE DISCLOSURE STATEMENT BY DENNIS DICKSTEIN. (PUTNICK, MARY) (ENTERED: 03/23/2023)
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03/23/2023
(#2) SUMMONS ISSUED AS TO AMAZON.COM, INC., EZRICARE, LLC, EZRIRX, LLC, GLOBAL PHARMA HEALTHCARE PRIVATE LTD.. ATTACHED IS THE OFFICIAL COURT SUMMONS, PLEASE FILL OUT DEFENDANT AND PLAINTIFFS ATTORNEY INFORMATION AND SERVE. (KHT) (ENTERED: 03/23/2023)
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03/02/2023
(#147) FINAL JUDGMENT AND DISMISSAL OF ACTION WITH PREJUDICE. SIGNED BY CHIEF MAGISTRATE JUDGE JOSEPH C. SPERO ON 3/2/2023. (KLH, COURT STAFF) (FILED ON 3/2/2023) (ENTERED: 03/02/2023)
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03/01/2023
(#146) TRANSCRIPT ORDER FOR PROCEEDINGS HELD ON 2/24/2023 BEFORE MAGISTRATE JUDGE JOSEPH C. SPERO BY KATHLEEN ABBOTT, TOMMY GONZALES, MICHAEL SHUMAN, FOR COURT REPORTER LEE-ANNE SHORTRIDGE. (STEIN, DAVID) (FILED ON 3/1/2023) (ENTERED: 03/01/2023)
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03/15/2023
(#90) MEMORANDUM AND ORDER: FOR THE REASONS SET FORTH IN THE ATTACHED MEMORANDUM AND ORDER, EXPERIAN'S MOTION TO COMPEL ARBITRATION (DE #72 ) IS GRANTED, AND PLAINTIFF'S MOTION TO STRIKE (DE #81 ) IS DENIED. AS A RESULT OF GRANTING EXPERIAN'S MOTION TO COMPEL ARBITRATION, THE ACTION IS HEREBY STAYED PENDING ARBITRATION. SEE 9 U.S.C. 3 (COURTS "SHALL... STAY THE TRIAL OF THE ACTION UNTIL SUCH ARBITRATION HAS BEEN HAD IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT."); SEE ALSO KATZ V. CELLCO P'SHIP, 794 F.3D 341, 345 (2D CIR. 2015) ("WE JOIN THOSE CIRCUITS THAT CONSIDER A STAY OF PROCEEDINGS NECESSARY AFTER ALL CLAIMS HAVE BEEN REFERRED TO ARBITRATION AND A STAY REQUESTED."). SO ORDERED BY MAGISTRATE JUDGE JAMES M. WICKS ON 3/15/2023. (DF) (ENTERED: 03/15/2023)
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01/13/2023
(#89) LETTER RESPONSE TO DEFENDANT'S NOTICE OF SUPPLEMENTAL AUTHORITY BY MANUEL ALVAREZ, SR (SOUMILAS, JOHN) (ENTERED: 01/13/2023)
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02/27/2023
(#11) MOTION TO TRANSFER/DISQUALIFY/RECUSE JUDGE PLAINTIFF'S MOTION TO TRANSFER BY AUBREY SREDNICKI. (IZARD, ROBERT) (ENTERED: 02/27/2023)
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02/27/2023
(#10) NOTICE OF RELATED CASE BY AUBREY SREDNICKI (IZARD, ROBERT) (ENTERED: 02/27/2023)
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03/14/2023
(#3) SUMMONS ISSUED AS TO SOUTHWEST AIRLINES CO., U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ISSUED SUMMONS RETURNED TO PLAINTIFF BY NEF, FILED.(HLERMA, 4) (ENTERED: 03/14/2023)
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03/13/2023
(#2) REQUEST FOR ISSUANCE OF SUMMONS AS TO SOUTHWEST AIRLINES CO., FILED.(KENDALL, JOE) (ENTERED: 03/13/2023)
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03/01/2023
(#7) STIPULATION AND ORDER EXTENDING ANSWER DEADLINE TO 4/21/2023; SIGNED BY CHIEF JUDGE HALA Y. JARBOU (AKS) (ENTERED: 03/01/2023)
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03/01/2023
(#6) PROPOSED STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFF'S COMPLAINT BY DEFENDANTS GARTH BUDEK, JOSEPH DUMAIS, IRON MOUNTAIN POLICE DEPARTMENT, IRON MOUNTAIN, CITY OF, ED MATTSON (GRANT, GREGORY) (ENTERED: 03/01/2023)
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03/15/2023
(#52) MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART #18 DEFENDANT'S MOTION TO DISMISS. THE MOTION TO DISMISS AS IT RELATES TO COUNTS 1, 3, 4, AND 5 ARE DENIED. THE MOTION TO DISMISS AS IT RELATES TO COUNT 2 IS GRANTED WITHOUT PREJUDICE. (WRITTEN OPINION) SIGNED BY JUDGE JOHN R. TUNHEIM ON 3/15/2023. (KKM) (ENTERED: 03/15/2023)
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03/10/2023
(#51) NOTICE OF CHANGE OF ADDRESS BY MATTHEW SCOTT PARMET (PARMET, MATTHEW) (ENTERED: 03/10/2023)
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03/01/2023
(#110) OPINION AND ORDER RE: #99 MOTION TO DISMISS . FILED BY GERALD L. STORCH, ALAN J. LACY, MATTHEW W. EMMENS, DINESH C. PALIWAL, PETER J. ARDUINI, MICHAEL GROBSTEIN, SAMIT HIRAWAT, KAREN M. SANTIAGO, VICKI L. SATO, THEODORE R. SAMUELS, DAVID V. ELKINS, CHARLES BANCROFT, ROBERT BERTOLINI, GIOVANNI CAFORIO, KAREN H. VOUSDEN, BRISTOL-MYERS SQUIBB COMPANY. FOR THE FOREGOING REASONS, DEFENDANTS' MOTION TO DISMISS IS GRANTED AND PLAINTIFFS' CLAIMS ARE DISMISSED. THAT LEAVES ONLY THE QUESTION OF WHETHER PLAINTIFFS SHOULD BE GRANTED LEAVE TO AMEND THE COMPLAINT. LEAVE TO AMEND A COMPLAINT SHOULD BE FREELY GIVEN "WHEN JUSTICE SO REQUIRES," FED. R. CIV. P. 15(A)(2), AND COMPLAINTS DISMISSED UNDER THE PSLRA "ARE ALMOST ALWAYS DISMISSED WITH LEAVE TO AMEND," PASTERNACK V. SHRADER, 863 F.3D 162, 175 (2D CIR. 2017) (INTERNAL QUOTATION MARKS OMITTED). THAT SAID, "[W]HERE IT APPEARS THAT GRANTING LEAVE TO AMEND IS UNLIKELY TO BE PRODUCTIVE,... IT IS NOT AN ABUSE OF DISCRETION TO DENY LEAVE TO AMEND." RUFFOLO V. OPPENHEIMER & CO., 987 F.2D 129, 131 (2D CIR. 1993). APPLYING THE FOREGOING STANDARDS, THE COURT DENIES LEAVE TO AMEND PLAINTIFFS' SECURITIES ACT AND SECTION 14(A) AND RULE 14A-9 CLAIMS BECAUSE IT IS "UNLIKELY TO BE PRODUCTIVE." ID. BY CONTRAST, AND NOTWITHSTANDING THE FACT THAT PLAINTIFFS DO NOT REQUEST LEAVE TO AMEND, THE COURT GRANTS PLAINTIFFS LEAVE TO AMEND TO ADDRESS THE DEFICIENCIES IDENTIFIED IN THEIR OTHER CLAIMS. SEE, E.G., LORELEY FIN. (JERSEY) NO. 3 LTD., 797 F.3D AT 190-91. PLAINTIFFS SHALL FILE ANY SECOND AMENDED COMPLAINT WITHIN THIRTY DAYS OF THE DATE OF THIS OPINION AND ORDER. THE CLERK OF COURT IS DIRECTED TO TERMINATE ECF NO. 99. SO ORDERED. (SIGNED BY JUDGE JESSE M. FURMAN ON 3/1/23) (YV) (ENTERED: 03/01/2023)
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08/19/2022
(#109) ORDER GRANTING #108 MOTION FOR BRENDAN RAE SCHNEIDERMAN TO APPEAR PRO HAC VICE (HEREBY ORDERED BY JUDGE JESSE M. FURMAN)(TEXT ONLY ORDER) (FURMAN, JESSE) (ENTERED: 08/19/2022)
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03/17/2023
(#28) MEMORANDUM OF LAW IN SUPPORT RE: #27 MOTION TO DISMISS . . DOCUMENT FILED BY LILY'S SWEETS, LLC, THE HERSHEY COMPANY..(ZALESIN, STEVEN) (ENTERED: 03/17/2023)
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03/17/2023
(#27) MOTION TO DISMISS . DOCUMENT FILED BY LILY'S SWEETS, LLC, THE HERSHEY COMPANY..(ZALESIN, STEVEN) (ENTERED: 03/17/2023)
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03/24/2023
(#4) MOTION FOR LEAVE TO APPEAR PRO HAC VICE HANNAH PFEIFLER BY DEBORAH HARTWELL. (ATTACHMENTS: #1 CERTIFICATION CERTIFICATION OF MARYBETH PUTNICK, #2 CERTIFICATION CERTIFICATION OF HANNAH PFEIFLER, #3 TEXT OF PROPOSED ORDER TEXT OF PROPOSED ORDER, #4 CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE, #5 CERTIFICATION FL BAR CERT OF GOOD STANDING, #6 CERTIFICATION FL SUPREME COURT CERT OF GOOD STANDING)(PUTNICK, MARY) (ENTERED: 03/24/2023)
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03/23/2023
(#3) CORPORATE DISCLOSURE STATEMENT BY DEBORAH HARTWELL. (PUTNICK, MARY) (ENTERED: 03/23/2023)
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03/10/2023
(#36) ORDER DENYING #10 DEFENDANTS' MOTION TO DISMISS WITHOUT PREJUDICE AND GRANTING DEFENDANTS' ALTERNATIVE MOTION TO STAY ALL PROCEEDINGS SIGNED BY DISTRICT JUDGE JENNIFER L. THURSTON ON 3/9/2023. (LAWRENCE, A) (ENTERED: 03/10/2023)
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02/21/2023
(#35) NOTICE OF APPEARANCE BY KERRI H. SAKAUE ON BEHALF OF L BRANDS, INC., VICTORIA'S SECRET STORES, LLC. ATTORNEY SAKAUE, KERRI H. ADDED. (SAKAUE, KERRI) (ENTERED: 02/21/2023)
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03/13/2023
(#65) JUDGMENT. SIGNED BY JUDGE BETH LABSON FREEMAN ON 3/13/2023. (BLFLC2, COURT STAFF) (FILED ON 3/13/2023) (ENTERED: 03/13/2023)
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03/13/2023
(#64) ORDER GRANTING IN PART #59 MOTION FOR FINAL APPROVAL OF CLASS/COLLECTIVE ACTION SETTLEMENT AND #56 MOTION FOR ATTORNEYS' FEES, LITIGATION EXPENSES, AND CLASS REPRESENTATIVE INCENTIVE AWARDS. SIGNED BY JUDGE BETH LABSON FREEMAN ON 3/13/2023. (BLFLC2, COURT STAFF) (FILED ON 3/13/2023) (ENTERED: 03/13/2023)
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03/13/2023
(#38) COMPLAINT WITH JURY DEMAND IN INTERVENTION AGAINST RITE AID CORPORATION, RITE AID HEADQUARTERS CORPORATION, RITE AID OF CONNECTICUT, INC., RITE AID OF DELAWARE, INC., RITE AID OF MARYLAND, INC., RITE AID OF MICHIGAN, INC., RITE AID OF NEW HAMPSHIRE, INC., RITE AID OF NEW JERSEY, INC., RITE AID OF OHIO, INC., RITE AID OF PENNSYLVANIA, INC., RITE AID OF VIRGINIA, INC... FILING FEE EXEMPT. FILED BY UNITED STATES OF AMERICA. (ATTACHMENTS: #1 EXHIBIT LIST OF RITE AID STORES) (FITZGERALD, PATRICIA) (ENTERED: 03/13/2023)
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03/01/2023
(#37) ORDER RE #36 NOTICE OF ELECTION TO DECLINE INTERVENTION OR NOT INTERVENE AT THIS TIME. JUDGE CHARLES ESQUE FLEMING ON 3/1/2023. (S,SR) (ENTERED: 03/01/2023)
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03/15/2023
(#132) MEMORANDUM OPINION AND ORDER: FOR THE REASONS STATED BELOW, DEFENDANTS' JOINT MOTION TO DISMISS #94 IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF'S CLAIMS AGAINST THE INDIVIDUAL BOARD OR COMMITTEE MEMBERS ARE DISMISSED WITHOUT PREJUDICE. DEFENDANTS' MOTION IS DENIED WITH RESPECT TO THE REMAINING CLAIMS. SIGNED BY THE HONORABLE RONALD A. GUZMAN ON 3/15/2023. MAILED NOTICE. (KP, ) (ENTERED: 03/15/2023)
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03/07/2023
(#131) MINUTE ENTRY BEFORE THE HONORABLE RONALD A. GUZMAN: ATTORNEY JACOB SIMON'S MOTION FOR LEAVE TO APPEAR PRO HAC VICE ON BEHALF OF DEFENDANT ARGENT TRUST COMPANY #130 IS GRANTED. MAILED NOTICE. (KP, ) (ENTERED: 03/07/2023)
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03/22/2023
(#28) ORDER DENYING #15 MOTION TO COMPEL ARBITRATION AND TO DISMISS FIRST AMENDED COMPLAINT; DENYING #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. SO ORDERED BY JUDGE JOSEPH N. LAPLANTE. ANSWER FOLLOW UP ON 4/5/2023.(JB) (ENTERED: 03/22/2023)
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03/02/2023
ENDORSED ORDER REVIEWING #25 NOTICE OF SUPPLEMENTAL AUTHORITY, #26 RESPONSE TO NOTICE OF SUPPLEMENTAL AUTHORITY, #27 NOTICE OF SUPPLEMENTAL AUTHORITY. TEXT OF ORDER: REVIEWED. SO ORDERED BY JUDGE JOSEPH N. LAPLANTE.(JB) (ENTERED: 03/02/2023)
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02/24/2023
(#85) ORDER GRANTING MOTION FOR CLASS CERTIFICATION; DENYING MOTION TO STRIKE. COMPLIANCE DUE BY 3/31/2023 09:01 AM. SIGNED BY JUDGE YVONNE GONZALEZ ROGERS ON 2/24/2023. (AMG, COURT STAFF) (FILED ON 2/24/2023) (ENTERED: 02/24/2023)
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09/26/2022
(#84) OPPOSITION/RESPONSE (RE #80 MOTION TO STRIKE PLAINTIFF'S REPLY EXPERT REPORT [DKT. 71-2] AND PORTIONS OF PLAINTIFF'S REPLY MEMORANDUM IN SUPPORT OF ITS SECOND MOTION FOR CLASS CERTIFICATION [DKT. 79] ) FILED BYLISA VIZCARRA. (ATTACHMENTS: #1 DECLARATION OF SUE J. NAM)(NAM, SUE) (FILED ON 9/26/2022) (ENTERED: 09/26/2022)
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03/17/2023
(#5) CIVIL COVER SHEET FILED..(ROMER-FRIEDMAN, PETER) (ENTERED: 03/17/2023)
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03/17/2023
(#4) REQUEST FOR ISSUANCE OF SUMMONS AS TO AMAZON.COM, INC., RE: #1 COMPLAINT. DOCUMENT FILED BY ALFREDO RODRIGUEZ PEREZ..(ROMER-FRIEDMAN, PETER) (ENTERED: 03/17/2023)
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03/13/2023
(#7) MINUTE ENTRY BEFORE THE HONORABLE THOMAS M. DURKIN: BY 5/22/2023, THE PARTIES ARE TO FILE A JOINT STATUS REPORT. THE PARTIES MAY REFER TO THE FORMAT DETAILED ON THE COURT'S WEBSITE UNDER NEW AND REASSIGNED CASES. MAILED NOTICE. (ECW, ) (ENTERED: 03/13/2023)
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03/13/2023
CLERK'S NOTICE: PURSUANT TO LOCAL RULE 73.1(B), A UNITED STATES MAGISTRATE JUDGE OF THIS COURT IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION. IF ALL PARTIES CONSENT TO HAVE THE CURRENTLY ASSIGNED UNITED STATES MAGISTRATE JUDGE CONDUCT ALL PROCEEDINGS IN THIS CASE, INCLUDING TRIAL, THE ENTRY OF FINAL JUDGMENT, AND ALL POST-TRIAL PROCEEDINGS, ALL PARTIES MUST SIGN THEIR NAMES ON THE ATTACHED #CONSENT TO# FORM. THIS CONSENT FORM IS ELIGIBLE FOR FILING ONLY IF EXECUTED BY ALL PARTIES. THE PARTIES CAN ALSO EXPRESS THEIR CONSENT TO JURISDICTION BY A MAGISTRATE JUDGE IN ANY JOINT FILING, INCLUDING THE JOINT INITIAL STATUS REPORT OR PROPOSED CASE MANAGEMENT ORDER. (RC, ) (ENTERED: 03/13/2023)
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03/01/2023
(#90) JUDGMENT. SIGNED BY DISTRICT JUDGE TERRENCE G. BERG. (ACHU) (ENTERED: 03/01/2023)
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03/01/2023
(#89) FINAL APPROVAL OF #86 CLASS SETTLEMENT AND ORDER RE #84 PLAINTIFFS' MOTION FOR ATTORNEY FEES, EXPENSES, AND INCENTIVE AWARDS. SIGNED BY DISTRICT JUDGE TERRENCE G. BERG. (ACHU) (ENTERED: 03/01/2023)
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03/15/2023
(#5) CIVIL COVER SHEET & CATEGORY SHEET RE #1 COMPLAINT, LOCAL CATEGORY FORM BY ROBERT SMITH. (MITCHESON, H.) (ENTERED: 03/15/2023)
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03/15/2023
(#4) SUMMONS ISSUED AS TO ZOLL MEDICAL CORPORATION. COUNSEL RECEIVING THIS NOTICE ELECTRONICALLY SHOULD DOWNLOAD THIS SUMMONS, COMPLETE ONE FOR EACH DEFENDANT AND SERVE IT IN ACCORDANCE WITH FED.R.CIV.P. 4 AND LR 4.1. SUMMONS WILL BE MAILED TO PLAINTIFF(S) NOT RECEIVING NOTICE ELECTRONICALLY FOR COMPLETION OF SERVICE. (DORE, SAMANTHA) (ENTERED: 03/15/2023)
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02/27/2023
NOTICE OF JUDGE ASSIGNMENT: CASE ASSIGNED TO DISTRICT JUDGE HOLLY L. TEETER AND MAGISTRATE JUDGE TERESA J. JAMES FOR ALL PROCEEDINGS. (THIS IS A TEXT ENTRY ONLY. THERE IS NO.PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A UNITED STATES MAGISTRATE JUDGE IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION IF ALL PARTIES VOLUNTARILY CONSENT. INFORMATION & CONSENT FORMS ARE AVAILABLE AT HTTP://WWW.USCOURTS.GOV/FORMS/CIVIL-FORMS/NOTICE-CONSENT-AND-REFERENCE-CIVIL-ACTION-MAGISTRATE-JUDGE (JK) (ENTERED: 02/27/2023)
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02/27/2023
(#3) DESIGNATION OF PLACE OF TRIAL FILED BY PLAINTIFFS WANDA GIVENS, CHESTER PINKSTON, JOSE SALCIDO - TRIAL TO BE HELD IN WICHITA. (THOMPSON, JAMES) (ENTERED: 02/27/2023)
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03/16/2023
(#113) OPINION AND ORDER RE: #92 MOTION TO DISMISS . FILED BY CLOOPEN GROUP HOLDING LIMITED. THE COURT HAS CONSIDERED ALL OF THE PARTIES' ARGUMENTS. TO THE EXTENT NOT SPECIFICALLY ADDRESSED ABOVE, THOSE ARGUMENTS ARE EITHER MOOT OR WITHOUT MERIT. FOR THE FOREGOING REASONS, THE DEFENDANTS' MOTION TO DISMISS IS DENIED. THE CLERK IS DIRECTED TO CLOSE ALL PENDING MOTIONS. SO ORDERED. (SIGNED BY JUDGE JOHN G. KOELTL ON 3/16/2023) (KS) (ENTERED: 03/16/2023)
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01/05/2023
(#112) FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - AFFIDAVIT OF SERVICE. CHING CHIU SERVED ON 10/24/2022, ANSWER DUE 12/23/2022; LOK YAN HUI SERVED ON 10/24/2022, ANSWER DUE 12/23/2022; YIPENG LI SERVED ON 10/24/2022, ANSWER DUE 12/23/2022; XIAODONG LIANG SERVED ON 10/24/2022, ANSWER DUE 12/23/2022; MING LIAO SERVED ON 10/24/2022, ANSWER DUE 12/23/2022; YUNHAO LIU SERVED ON 10/24/2022, ANSWER DUE 12/23/2022; CHENG LUO SERVED ON 10/24/2022, ANSWER DUE 12/23/2022; CHANGXUN SUN SERVED ON 10/24/2022, ANSWER DUE 12/23/2022; XIEGANG XIONG SERVED ON 10/24/2022, ANSWER DUE 12/23/2022; ZI YANG SERVED ON 10/24/2022, ANSWER DUE 12/23/2022; QINGSHENG ZHENG SERVED ON 10/24/2022, ANSWER DUE 12/23/2022; JIANHONG ZHOU SERVED ON 10/24/2022, ANSWER DUE 12/23/2022; KUI ZHOU SERVED ON 10/24/2022, ANSWER DUE 12/23/2022; FENG ZHU SERVED ON 10/24/2022, ANSWER DUE 12/23/2022. DOCUMENT FILED BY GUOZHANG WANG..(PODELL, BARBARA) MODIFIED ON 1/18/2023 (KJ). (ENTERED: 01/05/2023)
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03/01/2023
(#18) ORDER GRANTING #17 APPLICATION FOR ADMISSION PRO HAC VICE OF THOMAS C. MICHAUD. SIGNED BY JUDGE VICTORIA M. CALVERT ON MARCH 1, 2023. IF THE APPLICANT DOES NOT HAVE CM/ECF ACCESS IN THE NORTHERN DISTRICT OF GEORGIA ALREADY, THEY MUST REQUEST ACCESS AT HTTP://PACER.GOV. IF THEY HAVE ELECTRONICALLY FILED IN THIS DISTRICT IN A PREVIOUS CASE, PLEASE OMIT THIS STEP.(LWB) (ENTERED: 03/01/2023)
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02/28/2023
APPROVAL BY CLERKS OFFICE RE: #17 APPLICATION FOR ADMISSION OF THOMAS C. MICHAUD PRO HAC VICE (APPLICATION FEE $ 150, RECEIPT NUMBER AGANDC-12402285).. ATTORNEY THOMAS C. MICHAUD ADDED APPEARING ON BEHALF OF CITY OF SOUTHFIELD GENERAL EMPLOYEES' RETIREMENT SYSTEM (KKH) (ENTERED: 02/28/2023)
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02/21/2023
(#78) MINUTE ORDER IN CHAMBERS ORDER OF DISMISSAL (JS6) BY JUDGE MARK C. SCARSI. RE: NOTICE OF SETTLEMENT #77 . (SMO) (ENTERED: 02/21/2023)
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02/17/2023
(#77) NOTICE OF SETTLEMENT NOTICE OF SETTLEMENT OF CASE FILED BY ATTORNEY FOR PLAINTIFF KILEY DELIEFDE SWAINE. (STEERING, JERRY) (ENTERED: 02/17/2023)
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03/02/2023
ORDER VACATING ORDER DISMISSING CASE ENTERED TODAY, 3/2/2023 AND GRANTING #117 MOTION TO STAY. THE CASE IS STAYED UNTIL 5/31/2023. ORDERED BY JUDGE BRIAN M. COGAN ON 3/2/2023. (PW) (ENTERED: 03/02/2023)
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03/02/2023
ORDER DISMISSING CASE. THE COURT HAVING BEEN ADVISED THAT THIS MATTER HAS SETTLED, THE CASE IS DISMISSED, SUBJECT TO REINSTATEMENT AT THE REQUEST OF ANY PARTY BEFORE JUNE 1, 2023. THE COURT RETAINS JURISDICTION TO SO ORDER ANY SETTLEMENT DOCUMENTS IF THEY ARE FILED WITHIN THIS PERIOD. ORDERED BY JUDGE BRIAN M. COGAN ON 3/2/2023. (PW) (ENTERED: 03/02/2023)
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03/03/2023
REQUEST FOR ISSUANCE OF SUMMONS AS TO ALL DEFENDANTS, REQUESTED BY DIANE VOIGT. (ATY,EMBLETON, MORGAN) (ENTERED: 03/03/2023)
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03/03/2023
(#1) COMPLAINT AGAINST ALL DEFENDANTS WITH JURY DEMAND (FILING FEE $402, RECEIPT NUMBER ALAWDC-5479722) FILED BY DIANE VOIGT. (ATTACHMENTS: #1 CERTIFICATION OF PLAINTIFF, #2 CIVIL COVER SHEET)(ATTORNEY MORGAN MICHELLE EMBLETON ADDED TO PARTY DIANE VOIGT(PTY:PLA))(ATY,EMBLETON, MORGAN) (ENTERED: 03/03/2023)
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02/27/2023
(#4) SUMMONS ISSUED AS TO THOMAS CASTELLANO, CATALENT, INC., JOHN CHIMINSKI, AND ALESSANDRO MASELLI. ATTACHED IS THE OFFICIAL COURT SUMMONS, PLEASE FILL OUT DEFENDANT AND PLAINTIFFS ATTORNEY INFORMATION AND SERVE. (MLH) (ENTERED: 02/27/2023)
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02/24/2023
JUDGE ZAHID N. QURAISHI AND MAGISTRATE JUDGE DOUGLAS E. ARPERT ADDED. (MLH) (ENTERED: 02/27/2023)
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03/23/2023
(#3) SUMMONS ISSUED BY CLERK. (ATTACHMENTS: #1 SUMMONS, #2 SUMMONS, #3 SUMMONS, #4 MAGISTRATE JUDGE CONSENT FORM) (JCHARL, ) (ENTERED: 03/23/2023)
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03/23/2023
(#2) CASE ASSIGNED TO MAGISTRATE JUDGE S. KATO CREWS. TEXT ONLY ENTRY. (JCHARL, ) (ENTERED: 03/23/2023)
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03/15/2023
(#70) ORDER: ON 3/13/2023, THE COURT ISSUED A MEMORANDUM OPINION AND ORDER DECERTIFYING THE CLASS AND DISMISSING THE OPT-IN PLAINTIFFS' CLAIMS WITHOUT PREJUDICE. ACCORDINGLY, THE COURT ORDERS THE PARTIES TO CONFER AND JOINTLY FILE A REPORT WITH THE COURT WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS ORDER STATING (A) THE STATUS OF THIS ACTION, INCLUDING WHICH DEADLINES ARE STILL RELEVANT, (B) WHEN THIS CASE SHOULD BE SET FOR TRIAL AND (C) ANY OTHER MATTERS THE PARTIES WOULD LIKE TO BRING TO THE COURT'S ATTENTION. (ORDERED BY CHIEF DISTRICT JUDGE DAVID C GODBEY ON 3/15/2023) (TWD) (ENTERED: 03/16/2023)
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03/13/2023
(#69) MEMORANDUM OPINION AND ORDER GRANTING #63 MOTION TO DISMISS /DECERTIFY FLSA COLLECTIVE ACTION. THE COURT DECERTIFIES THE CLASS AND DISMISSES THE OPT-IN PLAINTIFFS' CLAIMS WITHOUT PREJUDICE. (ORDERED BY CHIEF DISTRICT JUDGE DAVID C GODBEY ON 3/13/2023) (SXF) (ENTERED: 03/14/2023)
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03/14/2023
(#5) ELECTRONIC SUMMONS ISSUED AS TO AMGEN INC., ROBERT A. BRADWAY, PETER H. GRIFFITH. (VF) (ENTERED: 03/14/2023)
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03/14/2023
CASE DESIGNATED ECF. (VF) (ENTERED: 03/14/2023)
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03/23/2023
(#87) ORDER AND JUDGMENT GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARD OF ATTORNEYS FEES, COSTS, EXPENSES AND REPRESENTATIVE SERVICE AWARDS IN FAVOR OF ANNE PARYS, CARL GRAHAM, DAVID ORTIZ, MINERVA MARTINEZ, SANDRA SCOTT, SEAN CHAMBERS, TIFFANY JAMES AGAINST NISSAN NORTH AMERICA INC., ORDER DISMISSING CASE. SIGNED BY DISTRICT JUDGE ELI J. RICHARDSON ON 03/22/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (AD). (ENTERED: 03/23/2023)
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03/21/2023
(#86) ORDER GRANTING #79 : HAVING SATISFIED THE REQUIREMENTS OF LOCAL RULE 83.01(B), THE MOTION FOR PAYAM SHAHIAN TO APPEAR PRO HAC VICE IS GRANTED. SIGNED BY LYNDA M. HILL, CLERK OF COURT, ON 03/21/2023. (LH) (ENTERED: 03/21/2023)
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03/20/2023
(#8) SUMMONS ISSUED AS TO JANET H ADKINS, SHIRLEY ANDERSON, MICHAEL BENNETT, GRANT CONYERS, VICKI DAVIS, TOMMY DOYLE, HEATH DRIGGERS, CAROL A DUNAWAY, MARK S. EARLEY, ALETRIS FARNAM, JOYCE GR