Feist et al v. Petco Animal Supplies, Inc. et al
| California Southern District Court | |
| Judge: | Marilyn L Huff |
| Referred: | Michael S Berg |
| Case #: | 3:16-cv-01369 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 15:1681 Fair Credit Reporting Act |
| Case Filed: | Jun 06, 2016 |
| Terminated: | Nov 16, 2018 |
| Last checked: Saturday Dec 03, 2016 1:40 AM PST |
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Defendant
Does 1 through 10
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Defendant
Petco Animal Supplies, Inc.
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Represented By
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Plaintiff
Jacklyn Feist
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Represented By
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Plaintiff
Angelica Zimmer
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Represented By
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GPO
Jun 11 2018
ORDER granting 34 Motion for Preliminary Approval of Class Action Settlement; granting 35 Joint Motion to File Second Amended Complaint. Court certifies the Disclose Class and Adverse Action Subclass for settlement purposes. Court conditionally grants preliminary approval of the proposed settlement. Court appoints Plaintiffs as class representatives and their attorneys as class counsel. Court directs that notice be provided to all class members as outlined in the settlement agreement. Final Approval Hearing set for 11/19/2018 10:30 AM before Judge Marilyn L. Huff. Any class member wishing to object to the settlement must do so by 9/24/2018, subject to the conditions for extension of time outlined in the settlement agreement. Plaintiff must file a motion for attorneys' fees and any service awards by 10/1/2018. Plaintiff must file motion for final approval of the settlement by 10/15/2018. Signed by Judge Marilyn L. Huff on 6/11/2018. (jah) |
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GPO
Nov 16 2018
ORDER granting 41 Motion for Final Approval of Class Settlement; approving Plaintiffs' 42 Motion for Attorney Fees, Costs, and Incentive Payment. Court has jurisdiction over the subject matter of this action and all parties to the action, including all settlement class members. Court certifies the settlement class and grants final approval of the settlement. Court grants class counsel $300,000 in attorneys fees and $12,875.69 in expenses. Court grants class representatives Zimmer and Feist each an incentive payment of $5,000 for a total of $10,000. Attorneys' fees, expense awards, and incentive payment will be paid out the settlement fund created by Defendant Petco. Without affecting the finality of this judgment, Court reserves jurisdiction over the implementation, administration, and enforcement of this judgment and the settlement and all matters arising thereunder. This document shall constitute a judgment for the purposes of FRCP Rule 58. Court dismisses this action with prejudice, and no costs shall be awarded other than those specified in this Order or provided by the settlement agreement. The Clerk shall close this case. Signed by Judge Marilyn L. Huff on 11/16/2018. (jah) |
| Docket last updated: 5 hours ago |
| Tuesday, December 18, 2018 | ||
| 49 | 49
misc
Transcript
Tue 12/18 2:18 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Final Approval Hearing/Motion Hearing) held on 11/16/2018 before Judge Marilyn L. Huff. Court Reporter/Transcriber: Echo Reporting. 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 the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/8/2019. Redacted Transcript Deadline set for 1/18/2019. Release of Transcript Restriction set for 3/18/2019. (akr) |
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| Friday, November 16, 2018 | ||
| 48 | 48
14
pgs
order
Order on Motion for Settlement Order on Motion for Attorney Fees
Mon 11/19 9:45 AM
ORDER granting41 Motion for Final Approval of Class Settlement; approving Plaintiffs'42 Motion for Attorney Fees, Costs, and Incentive Payment. Court has jurisdiction over the subject matter of this action and all parties to the action, including all settlement class members. Court certifies the settlement class and grants final approval of the settlement. Court grants class counsel $300,000 in attorneys fees and $12,875.69 in expenses. Court grants class representatives Zimmer and Feist each an incentive payment of $5,000 for a total of $10,000. Attorneys' fees, expense awards, and incentive payment will be paid out the settlement fund created by Defendant Petco. Without affecting the finality of this judgment, Court reserves jurisdiction over the implementation, administration, and enforcement of this judgment and the settlement and all matters arising thereunder. This document shall constitute a judgment for the purposes of FRCP Rule 58. Court dismisses this action with prejudice, and no costs shall be awarded other than those specified in this Order or provided by the settlement agreement. The Clerk shall close this case. Signed by Judge Marilyn L. Huff on 11/16/2018. (jah) |
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| 47 | 47
minutes
Motion Hearing ~Util - Motions Submitted
Fri 11/16 12:52 PM
Minute Entry for proceedings held before Judge Marilyn L. Huff: Final Approval Hearing and Motion Hearing held on 11/16/2018. The Court grants the42 MOTION for Attorney Fees, Costs, and Class Representative Service Awards filed by Jacklyn Feist, Angelica Zimmer, and grants41 MOTION for Final Approval of Class Action Settlement filed by Jacklyn Feist, Angelica Zimmer. The Court will issue a written order. (Court Reporter/ECR Lynnette Lawrence). (Plaintiff Attorney Mark S. Greenstone). (Defendant Attorney Frederick William Kosmo). (no document attached) (smy) |
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| Thursday, November 15, 2018 | ||
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misc
Declaration
Thu 11/15 2:42 PM
DECLARATION re42 MOTION for Attorney Fees, Costs, and Class Representative Service Awards,41 MOTION for Final Approval of Class Action Settlement,45 Notice (Other), by Plaintiffs Jacklyn Feist, Angelica Zimmer.(Greenstone, Mark) |
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Att: 1
Exhibit A - List of Optouts
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| Tuesday, November 13, 2018 | ||
| 45 | 45
notice
Notice (Other)
Tue 11/13 12:24 PM
NOTICE of Filing Declaration of Thalia Rojas on Behalf of Settlement Administrator Regarding Notice by Jacklyn Feist, Angelica Zimmer re42 MOTION for Attorney Fees, Costs, and Class Representative Service Awards,41 MOTION for Final Approval of Class Action Settlement(Greenstone, Mark) |
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Att: 1
Declaration of Thalia Rojas
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| Wednesday, November 07, 2018 | ||
| 44 | 44
3
pgs
order
Order of Judge Transfer
Thu 11/08 10:17 AM
ORDER OF TRANSFER. Magistrate Judge Robert N. Block is no longer assigned. Case reassigned to Magistrate Judge Michael S. Berg for all further proceedings. The new case number is 16cv1369 H-MSB. Signed by Magistrate Judge Robert N. Block on 11/7/2018.(acc) |
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| Thursday, November 01, 2018 | ||
| 43 | 43
order
Order ~Util - Set Motion and R&R Deadlines/Hearings
Thu 11/01 3:09 PM
Minute ORDER: On the Court's own motion and due to a conflict with the Court's calendar, the date of Monday, November 19, 2018 at 10:30 a.m. is vacated and the Final Approval Hearing and Motion Hearing are rescheduled for Friday, November 16, 2018 at 10:30 a.m. in Courtroom 15A before the Court. Counsel shall notify Chambers to reschedule the hearing should the new hearing date conflict with counsel's schedule. SO ORDERED by Judge Marilyn L. Huff on 11/1/2018. (no document attached) (smy) |
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| Tuesday, September 18, 2018 | ||
| 42 | 42
motion
Attorney Fees
Tue 09/18 6:53 PM
MOTION for Attorney Fees Costs, and Class Representative Service Awards by Jacklyn Feist, Angelica Zimmer.(Greenstone, Mark) |
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Att: 1
Memo of Points and Authorities,
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Att: 2
Declaration of Mark S. Greenstone,
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Att: 3
Exhibit A - Lodestar Chart,
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Att: 4
Exhibit B - Expenses,
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Att: 5
Exhibit C - GPM Firm Resume,
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Att: 6
Declaration of Angelica Zimmer,
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Att: 7
Declaration of Jacklyn Feist
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| 41 | 41
motion
Settlement
Tue 09/18 6:46 PM
MOTION for Settlement [Final Approval of Class Action Settlement] by Jacklyn Feist, Angelica Zimmer.(Greenstone, Mark) |
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Att: 1
Memo of Points and Authorities
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| Monday, June 25, 2018 | ||
| 40 | 40
misc
Supplemental Document
Mon 06/25 3:37 PM
SUPPLEMENTAL DOCUMENT by Jacklyn Feist, Angelica Zimmer [Joint Designation of National Consumer Law Center as Cy Pres Recipient] .(Greenstone, Mark) |
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Att: 1
Exhibit 1 - Declaration of Richard Dubois,
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Att: 2
Proof of Service
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| Monday, June 11, 2018 | ||
| 39 | 39
13
pgs
order
Order on Motion for Settlement Order on Motion for Miscellaneous Relief
Tue 06/12 10:10 AM
ORDER granting34 Motion for Preliminary Approval of Class Action Settlement; granting35 Joint Motion to File Second Amended Complaint. Court certifies the Disclose Class and Adverse Action Subclass for settlement purposes. Court conditionally grants preliminary approval of the proposed settlement. Court appoints Plaintiffs as class representatives and their attorneys as class counsel. Court directs that notice be provided to all class members as outlined in the settlement agreement. Final Approval Hearing set for 11/19/2018 10:30 AM before Judge Marilyn L. Huff. Any class member wishing to object to the settlement must do so by 9/24/2018, subject to the conditions for extension of time outlined in the settlement agreement. Plaintiff must file a motion for attorneys' fees and any service awards by 10/1/2018. Plaintiff must file motion for final approval of the settlement by 10/15/2018. Signed by Judge Marilyn L. Huff on 6/11/2018. (jah) |
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| 38 | 38
minutes
Motion Hearing ~Util - Set Hearings ~Util - Motions Submitted
Mon 06/11 11:15 AM
Minute Entry for proceedings held before Judge Marilyn L. Huff: Motion Hearing held on 6/11/2018 re35 Joint MOTION to File Second Amended Complaint and34 MOTION for Preliminary Approval of Class Action Settlement. The matter is submitted and the Court will issue an order. Final Approval Hearing set for 11/19/2018 10:30 AM in Courtroom 15A before Judge Marilyn L. Huff. (Court Reporter/ECR Lynnette Lawrence). (Plaintiff Attorney Mark S. Greenstone). (Defendant Attorney Frederick William Kosmo). (no document attached) (smy) |
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| Monday, April 23, 2018 | ||
| 37 | 37
1
pgs
order
Order ~Util - Terminate Deadlines and Hearings
Tue 04/24 7:36 AM
ORDER Vacating Schedule Order. Court vacates all upcoming dates and deadlines in27 Scheduling Order. Court further vacates the Status Conference set for 4/24/2019:30 AM. Signed by Magistrate Judge Robert N. Block on 4/23/2018. (jah) |
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| Friday, April 20, 2018 | ||
| 36 | 36
cmp
Amended Complaint
Fri 04/20 11:37 AM
AMENDED COMPLAINT with Jury Demand [Second Amended Complaint] against Petco Animal Supplies, Inc., filed by Jacklyn Feist, Angelica Zimmer. (Greenstone, Mark) |
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| 35 | 35
motion
Miscellaneous Relief
Fri 04/20 11:32 AM
Joint MOTION to File Second Amended Complaint by Jacklyn Feist, Angelica Zimmer.(Greenstone, Mark) |
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Att: 1
Exhibit 1 - Amended Complaint Redline Comparison
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| 34 | 34
motion
Settlement
Fri 04/20 11:21 AM
MOTION for Settlement [Preliminary Approval of Class Action Settlement] by Jacklyn Feist, Angelica Zimmer.(Greenstone, Mark) |
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Att: 1
34 pgs
Memo of Points and Authorities,
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Att: 2
Declaration of Mark S. Greenstone,
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Att: 3
Exhibit 1 - Settlement Agreement,
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Att: 4
Exhibit 2 - Firm Resume
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| Monday, April 02, 2018 | ||
| 33 | 33
2
pgs
order
Order on Motion to Stay
Tue 04/03 10:00 AM
ORDER denying32 Joint Motion to Extend Stay of Discovery and All Other Case Deadlines in Light of Settlement. Court finds the present stay until 4/30/2018 to be sufficient. Telephonic Attorneys Only Status Conference set for 4/3/2018 is continued to 4/24/2018 09:30 AM before Magistrate Judge Robert N. Block. If a motion for preliminary approval is filed by 4/23/2018, the Status Conference will be vacated without further court order. Signed by Magistrate Judge Robert N. Block on 4/2/2018. (jah) |
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| Thursday, March 29, 2018 | ||
| 32 | 32
motion
Stay
Thu 03/29 1:14 PM
Joint MOTION to Stay Discovery Cutoff and All Other Case Deadlines In Light of Settlement by Jacklyn Feist, Angelica Zimmer.(Greenstone, Mark) |
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Att: 1
Proof of Service
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| Thursday, March 22, 2018 | ||
| 31 | 31
2
pgs
order
Order ~Util - Set Deadlines/Hearings
Thu 03/22 2:45 PM
ORDER Re-Scheduling Status Conference. Telephonic, attorneys-only status conference is re-set for 4/3/2018 at 9:00 AM before Magistrate Judge Robert N. Block. If a motion for preliminary approval is filed on or before 4/2/2018, the status conference will be vacated without further court order. Signed by Magistrate Judge Robert N. Block on 3/21/2018.(mxn) |
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| Tuesday, March 13, 2018 | ||
| 30 | 30
order
Order of Judge Transfer
Tue 03/13 3:42 PM
MINUTE ORDER OF TRANSFER. Magistrate Judge David H. Bartick is no longer assigned. Case reassigned to Magistrate Judge Robert N. Block for all further Magistrate Judge proceedings. The new case number is 16cv1369 H(RNB).(no document attached) (jsp) |
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| Tuesday, January 23, 2018 | ||
| 29 | 29
order
Order on Motion to Stay
Tue 01/23 12:00 PM
ORDER (AGS): The parties' joint motion to stay (ECF No.28 ) is granted. All dates are stayed until April 30, 2018. Magistrate Judge Andrew G. Schopler will hold a telephonic attorneys-only status conference on March 29, 2018, at 4:00 p.m. to receive an oral status report as to the progress of filing the motion for preliminary approval. Plaintiff is responsible for initiating that joint call to chambers. Should the motion be filed before that time, the obligation to call will be stricken without further Court order. In any event, the parties are to contact the Court in writing before the end of the stay to request an extension or set new dates. Signed by Magistrate Judge Andrew G. Schopler on 01/23/2018. (no document attached) (mxa) (yeb) |
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| Thursday, January 18, 2018 | ||
| 28 | 28
motion
Stay
Thu 01/18 5:08 PM
Joint MOTION to Stay Discovery Cutoff and All Other Case Deadlines In Light of Settlement by Jacklyn Feist, Angelica Zimmer.(Greenstone, Mark) |
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Att: 1
Proof of Service
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| Friday, December 01, 2017 | ||
| 27 | 27
5
pgs
order
Order on Motion for Discovery
Fri 12/01 9:46 AM
ORDER Granting26 Joint Motion to Extend Discovery Cut-Off and Related Deadlines by 60 Days. The Court modifies the Scheduling Order (ECF No. 21) as follows: A Mandatory Settlement Conference is set for 6/27/2018 at 10:00 AM before Magistrate Judge David H. Bartick. The Memorandum of Contentions of Fact and aw is due by 7/9/2018. The Proposed Final Pretrial Conference Order is due by 7/30/2018. The Final Pretrial Conference is set for 8/6/2018 at 10:30 AM before Judge Marilyn L. Huff. Signed by Magistrate Judge Louisa S Porter on 12/1/2017. (aef) |
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| Wednesday, November 22, 2017 | ||
| 26 | 26
motion
Discovery
Wed 11/22 3:12 PM
Joint MOTION for Discovery Cut-Off Extension by Jacklyn Feist, Angelica Zimmer.(Greenstone, Mark) |
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Att: 1
Declaration of Mark S. Greenstone,
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Att: 2
Proof of Service
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| Wednesday, October 18, 2017 | ||
| 25 | 25
9
pgs
order
Order on Motion for Protective Order
Wed 10/18 1:18 PM
ORDER Granting23 Joint Motion for Protective Order. Signed by Magistrate Judge Louisa S Porter on 10/18/2017. (ag) |
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| Tuesday, October 17, 2017 | ||
| 24 | 24
notice
Notice of Appearance
Tue 10/17 9:45 AM
NOTICE of Appearance of Hali M. Anderson by Hali Michelle Anderson on behalf of Petco Animal Supplies, Inc.(Anderson, Hali)Attorney Hali Michelle Anderson added to party Petco Animal Supplies, Inc.(pty:dft) |
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Att: 1
Proof of Service
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| Friday, October 06, 2017 | ||
| 23 | 23
motion
Protective Order
Fri 10/06 3:19 PM
Joint MOTION for Protective Order [Discovery Matter] by Petco Animal Supplies, Inc..(Lyftogt, Marissa) |
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Att: 1
Proof of Service of Joint Motion for Protective Order [Discovery Matter]
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| Wednesday, February 22, 2017 | ||
| 22 | 22
notice
Notice of Appearance
Wed 02/22 11:17 AM
NOTICE of Appearance by Marc L. Godino on behalf of Jacklyn Feist, Angelica Zimmer (Godino, Marc)Attorney Marc L. Godino added to party Jacklyn Feist(pty:pla), Attorney Marc L. Godino added to party Angelica Zimmer(pty:pla) |
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| Monday, February 13, 2017 | ||
| 21 | 21
order
Order ~Util - Terminate Deadlines and Hearings ~Util - Set Deadlines/Hearings
Mon 02/13 4:09 PM
Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings. A Case Management Conference was held on 2/8/2017. A Mandatory Settlement Conference is set for 4/23/2018 at 2:00 PM in the chambers of Magistrate Judge David H. Bartick. Memorandum of Contentions of Fact and Law is due by 5/7/2018. The Proposed Pretrial Order is due by 5/25/2018. The Final Pretrial Conference is set for 6/4/2018 at 10:30 AM before Judge Marilyn L. Huff. Signed by Magistrate Judge Louisa S Porter on 2/13/2017.(ag) |
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| Thursday, February 09, 2017 | ||
| 20 | 20
notice
Notice of Appearance
Thu 02/09 2:33 PM
NOTICE of Appearance by Loleena Ansari May on behalf of Petco Animal Supplies, Inc.(May, Loleena)Attorney Loleena Ansari May added to party Petco Animal Supplies, Inc.(pty:dft) |
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Att: 1
Proof of Service
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| Wednesday, February 08, 2017 | ||
| 19 | 19
minutes
Early Neutral Evaluation Conference Case Management Conference
Wed 02/08 4:24 PM
Minute Entry for proceedings held before Magistrate Judge Louisa S Porter: Early Neutral Evaluation Conference and Case Management Conference held on 2/8/2017. Case did not settle. Order to follow. (Plaintiff Attorney Mark S. Greenstone, Marc Godino). (Defendant Attorney Frederick W. Kosmo Jr., Marissa L. Lyftogt, Loleena May). (Jacklyn Fiest, Angelica Zimmer, Nykia Wilson).(no document attached) (cxe) |
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| Thursday, December 29, 2016 | ||
| 18 | 18
order
Order for Early Neutral Evaluation
Thu 12/29 2:11 PM
NOTICE AND ORDER for Early Neutral Evaluation Conference. An Early Neutral Evaluation is set for 2/8/2016 at 2:00 PM before Magistrate Judge Louisa S Porter. The Conference will be conducted in the chambers of the Honorable David H. Bartick. In the event the case does not settle at the ENE Conference, the Court shall hold a Case Management Conference at the conclusion of the conference. Signed by Magistrate Judge Louisa S Porter on 12/29/2016.(ag) |
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| Thursday, December 22, 2016 | ||
| 17 | 17
answer
Answer to Amended Complaint
Thu 12/22 9:58 AM
ANSWER to6 Amended Complaint by Petco Animal Supplies, Inc..(Lyftogt, Marissa) |
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Att: 1
Proof of Service
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| Tuesday, November 22, 2016 | ||
| 16 | 16
order
Order on Motion to Dismiss
Tue 11/22 11:05 AM
ORDER Denying Defendant's7 Motion to Dismiss. Defendant must answer the complaint within thirty days of the date of this order. Signed by Judge Marilyn L. Huff on 11/22/2016. (ag) |
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| Monday, November 14, 2016 | ||
| 15 | 15
minutes
~Util - Terminate Motion and R&R Deadlines/Hearings Order
Mon 11/14 4:18 PM
ORDER VACATING HEARING. Signed by Judge Marilyn L. Huff on 11/14/2016.(fth) |
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| 14 | 14
respm
Reply to Response to Motion
Mon 11/14 1:45 PM
REPLY to Response to Motion re7 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Petco Animal Supplies, Inc..(Kosmo, Frederick) |
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Att: 1
Request for Judicial Notice,
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Att: 2
Exhibit "A" to RJN,
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Att: 3
Exhibit "B" to RJN,
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Att: 4
Proof of Service
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| Monday, September 19, 2016 | ||
| 13 | 13
order
Order on Motion to Continue
Mon 09/19 11:38 AM
ORDER Granting12 Joint Motion to Continue Hearing. The Court continues the Motion Hearing for 11/21/2016 at 10:30 AM in Courtroom 15A before Judge Marilyn L. Huff. Defendant must file any reply on or before 11/14/2016. Signed by Judge Marilyn L. Huff on 9/19/2016. (ag) |
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| Friday, September 16, 2016 | ||
| 12 | 12
motion
Continue
Fri 09/16 3:04 PM
Joint MOTION to Continue Hearing Date on Motion to Dismiss and Reply Brief Deadline to Pursue Settlement Discussions by Petco Animal Supplies, Inc..(Lyftogt, Marissa) |
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Att: 1
Certificate of Service by Electronic Submission
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| Monday, August 29, 2016 | ||
| 11 | 11
respm
Response in Opposition to Motion
Mon 08/29 7:41 PM
RESPONSE in Opposition re7 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Jacklyn Feist, Angelica Zimmer. (Greenstone, Mark) |
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| Monday, July 25, 2016 | ||
| 10 | 10
order
Order on Motion for Extension of Time to File Response/Reply
Tue 07/26 9:26 AM
ORDER Granting Joint Motion To Continue Hearing And To Set Briefing Schedule For Defendant's Motion To Dismiss : The Court continues the hearing to 10/24/2016 at 10:30 AM in Courtroom 15A. Opposition due by 8/29/2016. Reply due by 9/26/2016. Signed by Judge Marilyn L. Huff on 7/25/2016. (mdc) |
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| 9 | 9
motion
Extension of Time to File Response/Reply
Mon 07/25 3:38 PM
MOTION for Extension of Time to File Response/Reply as to7 MOTION to Dismiss Plaintiff's First Amended Complaint [Joint Motion to Extend Briefing Schedule On Motion to Dismiss] by Jacklyn Feist, Angelica Zimmer.(Greenstone, Mark) |
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Att: 1
Declaration of Mark S. Greenstone
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| Thursday, July 21, 2016 | ||
| 8 | 8
order
Order on Motion to Dismiss for Failure to State a Claim
Thu 07/21 2:54 PM
ORDER Denying4 Motion to Dismiss as Moot. Signed by Judge Marilyn L. Huff on 7/21/2016. (ag) |
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| Friday, July 15, 2016 | ||
| 7 | 7
motion
Dismiss
Fri 07/15 4:16 PM
MOTION to Dismiss Plaintiff's First Amended Complaint by Petco Animal Supplies, Inc..(Kosmo, Frederick) |
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Att: 1
Memo of Points and Authorities,
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Att: 2
Declaration of Stephen Whelan,
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Att: 3
Exhibit 1 to Declaration of Stephen Whelan,
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Att: 4
Exhibit 2 to Declaration of Stephen Whelan,
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Att: 5
Certificate of Service by Electronic Submission
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| Friday, July 01, 2016 | ||
| 6 | 6
cmp
Amended Complaint
Fri 07/01 4:54 PM
AMENDED COMPLAINT with Jury Demand against Does 1 through 10, Petco Animal Supplies, Inc., filed by Jacklyn Feist, Angelica Zimmer. (Greenstone, Mark) |
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| Friday, June 24, 2016 | ||
| 5 | 5
order
Order ~Util - Motions Submitted
Fri 06/24 4:00 PM
Minute ORDER: On June 13, 2016, Defendant Petco Animal Supplies, Inc., filed a motion to dismiss. (Doc. No.4 .) The Court, pursuant to its discretion under Local Rule 7.1(d)(1), determines that the motion is fit for resolution without oral argument and will submit the motion on the parties' papers. Accordingly, the Court vacates the hearing on the motion. Plaintiff's opposition to the motion remains due on July 1, 2016, and any reply to the opposition remains due on July 11, 2016. If Plaintiff files an amended complaint on or before July 1, 2016, Defendant's motion to dismiss will be moot. SO ORDERED on 6/24/2016 by Judge Marilyn L. Huff. (no document attached) (smy) |
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| Monday, June 13, 2016 | ||
| 4 | 4
motion
Dismiss for Failure to State a Claim
Mon 06/13 3:56 PM
MOTION to Dismiss for Failure to State a Claim by Petco Animal Supplies, Inc..(Kosmo, Frederick) |
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Att: 1
Memo of Points and Authorities,
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Att: 2
Declaration of Stephen Whelan,
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Att: 3
Exhibit 1 to Declaration of Stephen Whelan,
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Att: 4
Exhibit 2 to Declaration of Stephen Whelan,
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Att: 5
Proof of Service
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| Friday, June 10, 2016 | ||
| 3 | 3
notice
Notice of Appearance
Fri 06/10 3:43 PM
NOTICE of Appearance by Frederick William Kosmo, JR on behalf of Petco Animal Supplies, Inc.(Kosmo, Frederick)Attorney Frederick William Kosmo, JR added to party Petco Animal Supplies, Inc.(pty:dft) |
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Att: 1
Certificate of Service by Electronic Submission
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| Monday, June 06, 2016 | ||
| 2 | 2
notice
Notice of Party With Financial Interest
Mon 06/06 4:07 PM
NOTICE of Party With Financial Interest by Petco Animal Supplies, Inc. (fth) |
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| 1 | 1
cmp
Notice of Removal
Mon 06/06 4:06 PM
NOTICE OF REMOVAL with Jury Demand from Superior Court, San Diego County, Central Division, case number 37-2016 00015093-CU-NP-CTL. ( Filing fee $ 400 receipt number 0974-9123530.), filed by Petco Animal Supplies, Inc.. The new case number is 3:16-cv-1369-H-DHB. Judge Marilyn L. Huff and Magistrate Judge David H. Bartick are assigned to the case.(fth) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Proof of Service
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