Andrea Kepler et al v. Prisma Entertainment, LLC et al
California Central District Court | |
Judge: | Mark C Scarsi |
Referred: | Maria A Audero |
Case #: | 2:23-cv-01985 |
Nature of Suit | 710 Labor - Fair Labor Standards Act |
Cause | 15:1938 Fair Labor Standards Act |
Case Filed: | Mar 16, 2023 |
Terminated: | Sep 05, 2023 |
Last checked: Saturday Sep 16, 2023 4:16 AM PDT |
Defendant
Frank Grundel
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Represented By
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Defendant
Does
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Defendant
Prisma Entertainment, LLC
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Represented By
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Plaintiff
Melissa Gonzalez
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Represented By
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Plaintiff
Andrea Kepler
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Represented By
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Docket last updated: 89 minutes ago |
Wednesday, February 21, 2024 | ||
33 | 33
judgmentCV
Judgment
Wed 02/21 4:25 PM
JUDGMENT by Judge Mark C. Scarsi: On February 7, 2024, defendants Prisma Entertainment, LLC. dba Plan B Gentlemens Club and Frank Grundel served plaintiffs Andrea Kepler and Melissa Gonzalez with a Fed. R. Civ. P. 68 Offer of Judgment31 In accordance with the Offer of Judgment and Notice of Acceptance, Plaintiff Andrea Kepler shall have and recover from Defendants, jointly and severally, the total sum of TWENTY THOUSAND U.S. DOLLARS ($20,000.00), inclusive of costs and attorneys' fees. In accordance with the Offer of Judgment and Notice of Acceptance, Plaintiff Melissa Gonzalez shall have and recover from Defendants, jointly and severally, the total sum of FIFTY THOUSAND U.S. DOLLARS ($50,000), inclusive of costs and attorneys' fees. Accordingly, it is ORDERED AND ADJUDGED that a Final Judgment is entered for Kepler and against Defendants for the total sum of TWENTY THOUSAND U.S. DOLLARS ($20,000.00), with interest at the legal rate per annum from the date of the entry of this Judgment. Further, it is ORDERED AND ADJUDGED that a Final Judgment is entered for Gonzalez and against Defendants for the total sum of FIFTY THOUSAND U.S. DOLLARS ($50,000.00), with interest at the legal rate per annum from the date of the entry of this Judgment. (lc) |
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Sunday, February 18, 2024 | ||
32 | 32
notice
Notice of Lodging
Sun 02/18 10:18 AM
NOTICE OF LODGING filed Proposed Judgment re Notice (Other)31(Kristensen, John) |
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Att: 1 Proposed Judgment | ||
Monday, February 12, 2024 | ||
31 | 31
notice
Notice (Other)
Mon 02/12 10:17 AM
Notice of Acceptance of Defendants' Fed.R.Civ.P. 68 Offer of Judgment filed by plaintiffs Melissa Gonzalez, Andrea Kepler.(Kristensen, John) |
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Att: 1 Offer of Judgment | ||
Wednesday, February 07, 2024 | ||
30 | 30
attorney
Notice of Change of Attorney Business or Contact Information (G-06)
Wed 02/07 2:32 PM
NOTICE of Change of Attorney Business or Contact Information: for attorney John P. Kristensen counsel for Plaintiffs Melissa Gonzalez, Andrea Kepler. Changing Firm Name to Kristensen Law Group. Filed by Plaintiffs Melissa Gonzalez, Andrea Kepler. (Kristensen, John) |
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Friday, January 26, 2024 | ||
29 | 29
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Fri 01/26 10:56 AM
Notice of Appearance or Withdrawal of Counsel: for attorney Justice Turner counsel for Plaintiff Andrea Kepler. Justice D. Turner is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Andrea Kepler, et al.. (Turner, Justice) |
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Wednesday, January 03, 2024 | ||
28 | 28
misc
Status Report
Wed 01/03 8:09 PM
STATUS REPORT filed by Plaintiff Andrea Kepler. (Kristensen, John) |
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27 | 27
misc
Status Report
Wed 01/03 4:46 PM
STATUS REPORT filed by Defendants Frank Grundel, Prisma Entertainment, LLC. (Roy, Douglas) |
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Friday, December 29, 2023 | ||
26 | 26
attorney
Notice of Change of Attorney Business or Contact Information (G-06)
Fri 12/29 5:10 PM
NOTICE of Change of Attorney Business or Contact Information: for attorney Douglas P Roy counsel for Defendants Frank Grundel, Prisma Entertainment, LLC. Changing Address to 1925 Century Park East, Suite 1700, Los Angeles, CA 90067. Filed by Defendants Frank Grundel, Prisma Entertainment, LLC. (Roy, Douglas) |
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Tuesday, September 05, 2023 | ||
25 | 25
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Terminate Deadlines and Hearings ~Util - Terminate Civil Case ~Util - Set/Clear Flags
Tue 09/05 9:33 AM
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER GRANTING PARTIES' STIPULATION TO STAY CASE PENDING RESOLUTION OF ARBITRATION PROCEEDINGS24 . The Court directs the Clerk to remove the case from the Court's active caseload until further application by the parties or order of this Court. The parties shall file a joint status report within 120 days, and a further report every 120 days thereafter. Each report must state on the cover page the date the next report is due. Additionally, the parties must notify the Court within sevendays of the conclusion of arbitration proceedings. (Made JS-6. Case Terminated.) (lc) |
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Friday, September 01, 2023 | ||
24 | 24
stip
Stay Case
Fri 09/01 11:18 AM
Joint STIPULATION to Stay Case pending Arbitration filed by Defendants Frank Grundel, Prisma Entertainment, LLC.(Roy, Douglas) |
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Att: 1 Proposed Order Staying Case Pending Arbitration | ||
Sunday, July 23, 2023 | ||
23 | 23
order
Initial Order Setting R26 Scheduling Conference - form only
Sun 07/23 8:39 PM
ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 9/18/2023 at 10:00 AM before Judge Mark C. Scarsi. (smo) |
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Monday, July 17, 2023 | ||
22 | 22
notice
Certificate/Notice of Interested Parties
Mon 07/17 6:19 PM
NOTICE of Interested Parties filed by Defendants Frank Grundel, Prisma Entertainment, LLC, (Roy, Douglas) |
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21 | 21
answer
Answer to Complaint (Attorney Civil Case Opening)
Mon 07/17 6:14 PM
ANSWER to Complaint (Attorney Civil Case Opening),1 with JURY DEMAND filed by Defendants Frank Grundel, Prisma Entertainment, LLC.(Attorney Douglas P Roy added to party Frank Grundel(pty:dft), Attorney Douglas P Roy added to party Prisma Entertainment, LLC(pty:dft))(Roy, Douglas) |
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Thursday, July 13, 2023 | ||
20 | 20
order
Minutes of In Chambers Order/Directive - no proceeding held
Thu 07/13 2:35 PM
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER RE: NOTICE OF LODGING OF PROPOSED JUDGMENT19 . Plaintiff Melissa Gonzalez accepted an offer of judgment by Defendants Prisma Entertainment, LLC, dba Plan B Gentlemen's Club, and Frank Grundel18 . (Notice of Acceptance, ECF No. 18; see Rule 68 Offer, ECF No. 18-1.) Gonzalez lodged a proposed judgment. The Court has no discretion to refuse a Rule 68 judgment. However, the Court declines to enter the proposed judgment at this time given the following reservations. First, the proposed judgment does not resolve all claims as to all parties. This is a collective action under the Fair Labor Standards Act by Gonzalez and co PlaintiffAndrea Kepler. Gonzalez accepted an offer of judgment that "only applies" to her (and, apparently, only to her non-collective claims), "not plaintiff Andrea Kepler or other potential opt in plaintiffs." Second, the Court questions the efficacy of the Rule 68(a) offer. Third, if the offer was valid, the Court questions whether the proposed judgment is consistent with its terms and the notice of acceptance. Accordingly, the Court will not enter the proposed judgment at this time. The Court applauds the parties' efforts to resolve this case and is available to facilitate the resolution of Gonzalezs claims in whatever manner the parties deem appropriate This Order does not preclude the filing of a stipulation of dismissal with prejudice of Gonzalez's claims signed by all parties who have appeared, which does not require the approval of the Court, Fed. R. Civ. P. 41(a)(1)(A), or a stipulation joined by all parties for entry of a partial judgment on Gonzalez's claims. Any such submissions shall be filed within 14 days. (lc) |
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Tuesday, July 11, 2023 | ||
19 | 19
notice
Notice of Lodging
Tue 07/11 6:05 PM
NOTICE OF LODGING filed by Plaintiff Melissa Gonzalez of Proposed Judgment re Notice (Other)18(Kristensen, John) |
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Att: 1 Proposed Judgment | ||
18 | 18
notice
Notice (Other)
Tue 07/11 5:05 PM
Notice of Acceptance of Defendants' Fed.R.Civ.P. 68 Offer of Judgment filed by Plaintiff Melissa Gonzalez filed by Plaintiff Melissa Gonzalez.(Kristensen, John) |
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Att: 1 Exhibit Offer of Judgment | ||
Thursday, June 29, 2023 | ||
17 | 17
notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Thu 06/29 12:08 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice (Other)16 , Notice (Other)15 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service of summons and complaint returned executed 21 days. The filing was service of process on the summons and complaint...due to incorrect event missing require information as to who, when and how service was made (cited correct event prompts for cited information). Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
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Wednesday, June 28, 2023 | ||
16 | 16
notice
Notice (Other)
Wed 06/28 2:40 PM
Notice of Proof of Service of Summons to Frank Grundel filed by Plaintiffs Melissa Gonzalez, Andrea Kepler.(Kristensen, John) |
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Att: 1 Exhibit Proof of Service of Summons | ||
15 | 15
notice
Notice (Other)
Wed 06/28 2:34 PM
Notice of Proof of Service of PRISMA ENTERTAINMENT, LLC, dba PLAN B GENTLEMENS CLUB, filed by Plaintiffs Melissa Gonzalez, Andrea Kepler.(Kristensen, John) |
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Att: 1 Exhibit Proof of Service of Summons | ||
Thursday, June 22, 2023 | ||
14 | 14
order
Minutes of In Chambers Order/Directive - form only -no proceeding held
Thu 06/22 3:40 PM
MINUTE ORDER IN CHAMBERS Order to Show Cause (4m) by Judge Mark C. Scarsi. Response to Order to Show Cause due by 7/6/2023. (smo) |
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Tuesday, March 21, 2023 | ||
13 | 13
notice
Deficiency in Summons
Tue 03/21 4:33 PM
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request12 , Summons Request11 . The following error(s) was found: The case number and/or judge(s)initials are incorrect. Case number MISSING/BLANK. Case number is NO longer before case assignment section. Refer to docket no. 6.. case number is to read correctly as 2:23cv01985 MCS (MAAx). The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
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Monday, March 20, 2023 | ||
12 | 12
notice
Summons Request
Mon 03/20 12:14 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),1 filed by Plaintiffs Melissa Gonzalez, Andrea Kepler. (Kristensen, John) |
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11 | 11
notice
Summons Request
Mon 03/20 12:05 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),1 filed by Plaintiffs Melissa Gonzalez, Andrea Kepler. (Kristensen, John) |
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10 | 10
order
Initial Order upon Filing of Complaint - form only
Mon 03/20 9:12 AM
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo) |
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Friday, March 17, 2023 | ||
9 | 9
notice
Deficiency in Summons
Fri 03/17 5:46 PM
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request4 , Summons Request3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (car) |
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8 | 8
notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Fri 03/17 5:35 PM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
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7 | 7
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Fri 03/17 5:35 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
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6 | 6
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Fri 03/17 5:34 PM
NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Maria A. Audero. (car) |
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Thursday, March 16, 2023 | ||
5 | 5
notice
Certificate/Notice of Interested Parties
Thu 03/16 5:39 PM
CERTIFICATE of Interested Parties filed by Plaintiffs' Melissa Gonzalez, Andrea Kepler, (Kristensen, John) |
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4 | 4
notice
Summons Request
Thu 03/16 5:36 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),1 filed by Plaintiffs' Melissa Gonzalez, Andrea Kepler. (Kristensen, John) |
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3 | 3
notice
Summons Request
Thu 03/16 5:34 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),1 filed by Plaintiffs' Melissa Gonzalez, Andrea Kepler. (Kristensen, John) |
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2 | 2
misc
Civil Cover Sheet (CV-71)
Thu 03/16 5:28 PM
CIVIL COVER SHEET filed by Plaintiffs Melissa Gonzalez, Andrea Kepler. (Kristensen, John) |
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1 | 1
cmp
Complaint (Attorney Civil Case Opening)
Thu 03/16 5:25 PM
COMPLAINT Receipt No: ACACDC-34972196 - Fee: $402, filed by Plaintiffs' Andrea Kepler, Melissa Gonzalez. (Attorney John P. Kristensen added to party Melissa Gonzalez(pty:pla), Attorney John P. Kristensen added to party Andrea Kepler(pty:pla))(Kristensen, John) |
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Att: 1 Exhibit 1 - Consent as to Andrea Kepler, | ||
Att: 2 Exhibit 2 - Consent as to Melissa Gonzalez |