RIVERA et al v. POWER DESIGN, INC. et al
| District Of Columbia District Court | |
| Judge: | Tanya S Chutkan |
| Case #: | 1:15-cv-00975 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Jun 22, 2015 |
| Terminated: | Oct 05, 2016 |
| Last checked: Saturday Dec 19, 2015 10:03 AM EST |
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Defendant
POWER DESIGN, INC.
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Represented By
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Plaintiff
ALEX RIVERA
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Represented By
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Plaintiff
ALFONSO ESCOBAR
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Represented By
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Plaintiff
JENRY ESCOBAR
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Represented By
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Plaintiff
MEDARDO ESCOBAR
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Represented By
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Plaintiff
EMERSON LOPEZ
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Represented By
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| TERMINATED PARTIES | |
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Defendant
EMERSON ALVARADO
Terminated: 07/08/2015
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Represented By
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Defendant
E.A. ELECTRIC, LLC
Terminated: 07/08/2015
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Represented By
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GPO
Mar 28 2016
MEMORANDUM OPINION. Signed by Judge Tanya S. Chutkan on 3/28/16. (lctsc2) |
| Docket last updated: 3 hours ago |
| Wednesday, October 05, 2016 | ||
| 34 | 34
order
Order on Motion for Settlement
Wed 10/05 11:22 AM
ORDER: Granting33 Joint Motion to Approve Settlement and dismissing this case with prejudice. Signed by Judge Tanya S. Chutkan on 10/5/16. (DJS) |
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| Thursday, September 29, 2016 | ||
| 33 | 33
motion
Settlement
Thu 09/29 9:59 AM
Joint MOTION for Settlement (to Approve Settlement) by ALFONSO ESCOBAR, JENRY ESCOBAR, MEDARDO ESCOBAR, EMERSON LOPEZ, ALEX RIVERA(Hass, Andrew) |
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Att: 1
Memorandum in Support,
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Att: 2
Exhibit Settlement Agreement,
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Att: 3
Text of Proposed Order
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| Wednesday, September 07, 2016 | ||
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utility
Set/Reset Deadlines
Wed 09/07 7:39 AM
Set/Reset Deadlines: Motion to Approve Settlement due by 10/3/2016. (zsm) |
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| Saturday, September 03, 2016 | ||
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order
Order on Motion to Certify Class Order on Motion for Miscellaneous Relief
Sat 09/03 2:39 PM
MINUTE ORDER denying without prejudice28 Motion to Certify Class and denying without prejudice31 Motion Regarding Form of Class Notice, in light of the parties' notice32 of settlement. The Plaintiffs may seek leave to renew their motions in the event settlement is not consummated. Not later than 10/3/16 the parties shall file their motion for approval of settlement. The parties are reminded that the motion shall include sufficient detail for the court to determine whether the proposed settlement is fair and reasonable. Signed by Judge Tanya S. Chutkan on 9/3/16. (DJS) |
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| Friday, September 02, 2016 | ||
| 32 | 32
notice
Notice of Settlement
Fri 09/02 2:32 PM
NOTICE of Settlement Joint Notice of Tentative Settlement by POWER DESIGN, INC. (Stout-Tabackman, Leslie) |
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| Friday, July 22, 2016 | ||
| 31 | 31
motion
Miscellaneous Relief
Fri 07/22 9:47 AM
Amended MOTION for Leave to Distribute and Post Class Action Notices by ALFONSO ESCOBAR, JENRY ESCOBAR, MEDARDO ESCOBAR, EMERSON LOPEZ, ALEX RIVERA(Hass, Andrew) |
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Att: 1
5 pgs
Memorandum in Support,
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Att: 2
Exhibit 1 - Harvey Opinion in Vasquez v Grunley,
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Att: 3
Text of Proposed Order
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| Thursday, July 21, 2016 | ||
| 30 | 30
motion
Miscellaneous Relief
Thu 07/21 10:55 AM
MOTION to Notify Potential Class Members Through Hand Distributed Notice at Power Design Worksites by ALFONSO ESCOBAR, JENRY ESCOBAR, MEDARDO ESCOBAR, EMERSON LOPEZ, ALEX RIVERA(Hass, Andrew) |
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Att: 1
5 pgs
Memorandum in Support,
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Att: 2
Exhibit 1 - Harvey Decision in Vasquez v Grunley,
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Att: 3
Text of Proposed Order
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order
Order on Motion for Miscellaneous Relief
Thu 07/21 3:44 PM
MINUTE ORDER: Denying Without Prejudice30 Plaintiffs' Motion for Leave to Distribute and Post Class Action Notices. Plaintiffs' motion does not comply with the requirements of Local Civil Rule 7(m). Signed by Judge Tanya S. Chutkan on 7/21/16. (DJS) |
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| Monday, July 11, 2016 | ||
| 29 | 29
respm
Response to motion
Mon 07/11 5:00 PM
RESPONSE re28 MOTION to Certify Class Under District of Columbia Minimum Wage Revision Act filed by POWER DESIGN, INC..(Stout-Tabackman, Leslie) |
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Att: 1
Exhibit A
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| Monday, June 20, 2016 | ||
| 28 | 28
motion
Certify Class
Mon 06/20 4:16 PM
MOTION to Certify Class Under District of Columbia Minimum Wage Revision Act by ALFONSO ESCOBAR, JENRY ESCOBAR, MEDARDO ESCOBAR, EMERSON LOPEZ, ALEX RIVERA(Hass, Andrew) |
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Att: 1
12 pgs
Memorandum in Support Memo ISO,
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Att: 2
Exhibit Ex A - Sample Opt-In Notice,
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Att: 3
Exhibit Ex B - Committee Report,
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Att: 4
Text of Proposed Order Proposed Order
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| Friday, June 17, 2016 | ||
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utility
Set/Reset Deadlines
Fri 06/17 8:33 AM
Set/Reset Deadlines: Motion due by 6/20/2016. Response due by 7/11/2016 Reply due by 7/21/2016. (zsm) |
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| Thursday, June 16, 2016 | ||
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order
.Order
Thu 06/16 12:54 PM
MINUTE ORDER. The Named Plaintiffs are hereby directed to file their27 Memorandum of Points and Authorities in Support of Opt-In Collective Action Under the District of Columbia Minimum Wage Revision Act in the form of a formal motion by no later than June 20, 2016. Defendants' response shall be filed by no later than July 11, 2016, and the Named Plaintiffs' reply, if necessary, shall be filed by no later than July 21, 2016. Signed by Judge Tanya S. Chutkan on 6/16/2016. (lctsc2) |
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| Thursday, May 26, 2016 | ||
| 27 | 27
9
pgs
misc
Memorandum
Thu 05/26 10:06 PM
MEMORANDUM by ALFONSO ESCOBAR, JENRY ESCOBAR, MEDARDO ESCOBAR, EMERSON LOPEZ, ALEX RIVERA.(Hass, Andrew) |
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Att: 1
Exhibit Exh 1 DC Council Comm Hrg Rep
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| Tuesday, April 26, 2016 | ||
| 26 | 26
order
Order on Motion to Amend/Correct
Tue 04/26 12:48 PM
AMENDED SCHEDULING ORDER: Granting in part and denying in part25 Motion to Amend/Correct. Amended Deadlines: Joint Status due October 31, 2016. Defendants' motions due December 31, 2016. Plaintiffs' responses/cross motions due January 31, 2017. Defendants' replies/responses due February, 28, 2017. Plaintiffs' replies, if necessary due March 28, 2017. (See order for details). Signed by Judge Tanya S. Chutkan on 4/26/16. (DJS) |
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utility
Set/Reset Deadlines
Tue 04/26 2:21 PM
Set/Reset Deadlines: Status Report due by 10/31/2016. Summary Judgment motions due by 12/31/2016. Response to Motion for Summary Judgment due by 1/31/2017. Reply to Motion for Summary Judgment due by 2/28/2017. Reply due by 3/28/2017. (zsm) |
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| Monday, April 25, 2016 | ||
| 25 | 25
motion
Amend/Correct
Mon 04/25 3:28 PM
Monthly MOTION to Amend/Correct Order on Motion to Amend/Correct,,, Scheduling Order by ALFONSO ESCOBAR, JENRY ESCOBAR, MEDARDO ESCOBAR, EMERSON LOPEZ, ALEX RIVERA(Hass, Andrew) |
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Att: 1
Text of Proposed Order
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| Wednesday, March 30, 2016 | ||
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order
Order on Motion to Withdraw as Attorney
Thu 03/31 8:59 AM
MINUTE ORDER granting24 Motion to Withdraw as Attorney. Signed by Judge Tanya S. Chutkan on 3/30/16. (zsm) |
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| Monday, March 28, 2016 | ||
| 24 | 24
motion
Withdraw as Attorney
Mon 03/28 10:39 AM
MOTION to Withdraw as Attorney by POWER DESIGN, INC. (Stout-Tabackman, Leslie) |
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| 23 | 23
order
Order on Motion to Certify Class
Mon 03/28 10:16 AM
ORDER granting in part and denying in part Plaintiffs' Motion to Certify Class12 . See Order for additional details. Signed by Judge Tanya S. Chutkan on 3/28/16. (lctsc2) |
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| 22 | 22
17
pgs
order
Memorandum & Opinion
Mon 03/28 10:15 AM
MEMORANDUM OPINION. Signed by Judge Tanya S. Chutkan on 3/28/16. (lctsc2) |
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| Tuesday, January 05, 2016 | ||
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utility
Set/Reset Deadlines
Tue 01/05 7:59 AM
Set/Reset Deadlines: Discovery due by 4/30/2016. Status Report due by 5/31/2016. Dispositive Motions due by 7/31/2016. Response to Dispositive Motions due by 8/31/2016. Reply to Dispositive Motions due by 9/30/2016. Reply due by 11/21/2016. (zsm) |
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utility
Set/Reset Deadlines
Tue 01/05 11:46 AM
Set/Reset Deadlines: Reply due by 10/31/2016. (zsm) |
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| Monday, January 04, 2016 | ||
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order
Order on Motion to Amend/Correct
Mon 01/04 5:45 PM
MINUTE ORDER: Granting in part and denying in part21 Joint Motion to Amend/Correct Scheduling Order. By April 30, 2016, non-expert discovery shall close. By May 31, 2016, expert discovery, if necessary, shall close, on which day the parties shall file a joint status report advising the court whether dispositive motions are anticipated or whether the parties will dispense with dispositive motions and instead seek to move forward with the pretrial conference. If the parties move forward with motions, the Defendant shall file any dispositive and non-dispositive motions by July 31, 2016. Plaintiff's response and, if necessary, COMBINED motion(s) due by August 31, 2016. Defendant's reply and, if necessary, combined response due by September 30, 2016. Plaintiff's reply, if necessary, due by November 21, 2016. Signed by Judge Tanya S. Chutkan on 1/4/16. (DJS) |
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| Thursday, December 24, 2015 | ||
| 21 | 21
motion
Amend/Correct
Thu 12/24 10:57 AM
Joint MOTION to Amend/Correct Scheduling Order by ALFONSO ESCOBAR, JENRY ESCOBAR, MEDARDO ESCOBAR, EMERSON LOPEZ, ALEX RIVERA(Hass, Andrew) |
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Att: 1
Text of Proposed Order Amended Scheduling Order
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| Monday, December 07, 2015 | ||
| 20 | 20
service
Electronic Summons Issued
Mon 12/07 1:05 PM
SUMMONS (2) Issued Electronically as to EMERSON ALVARADO, E.A. ELECTRIC, LLC. (See Minute Order filed 12/1/15)(td) |
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Att: 1
Summons
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| Friday, December 04, 2015 | ||
| 19 | 19
cmp
Request for Summons to Issue
Fri 12/04 9:46 AM
REQUEST FOR SUMMONS TO ISSUE Emerson Alvarado filed by POWER DESIGN, INC., EMERSON ALVARADO, E.A. ELECTRIC, LLC.(Stout-Tabackman, Leslie) |
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| 18 | 18
cmp
Request for Summons to Issue
Fri 12/04 9:44 AM
REQUEST FOR SUMMONS TO ISSUE E.A. Electric, LLC filed by POWER DESIGN, INC., EMERSON ALVARADO, E.A. ELECTRIC, LLC.(Stout-Tabackman, Leslie) |
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| Tuesday, December 01, 2015 | ||
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order
Order on Motion for Joinder
Tue 12/01 11:25 AM
MINUTE ORDER: Granting17 consent Motion for Joinder of Parties. E.A. Electric, LLC and Emerson Alvarado are hereby made party defendants in the this action and the names E.A. Electric, LLC and Emerson Alvarado are added to the Caption of this case as party defendants. Not later than 12/9/15 the parties shall provide to or confirm with the Clerk of the Court the information needed to issue summons to Defendants E.A. Electric, LLC and Emerson Alvarado. Signed by Judge Tanya S. Chutkan on 12/1/15. (DJS) |
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utility
Set/Reset Deadlines
Tue 12/01 3:40 PM
Set/Reset Deadlines: Information due to the Clerk re: the issuance of summons by 12/9/2015. (tth) |
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| Monday, November 30, 2015 | ||
| 17 | 17
motion
Joinder
Mon 11/30 5:02 PM
Consent MOTION for Joinder to Add Necessary Defendants by POWER DESIGN, INC.(Stout-Tabackman, Leslie) |
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Att: 1
Text of Proposed Order Proposed Order
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| Thursday, October 08, 2015 | ||
| 16 | 16
respm
Reply to (non-motion) Document
Thu 10/08 4:58 PM
REPLY re15 Memorandum in Opposition filed by ALFONSO ESCOBAR, JENRY ESCOBAR, MEDARDO ESCOBAR, EMERSON LOPEZ, ALEX RIVERA. (Hass, Andrew) |
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| Friday, September 25, 2015 | ||
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order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 09/25 6:02 PM
MINUTE ORDER: Granting14 Motion for Leave to Appear Pro Hac Vice. Attorney Natalie B. Kaminsky is hereby admitted pro hac vice to appear in this matter on behalf of the defendant POWER DESIGN, INC. Signed by Judge Tanya S. Chutkan on 9/25/15. (DJS) |
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| Thursday, September 24, 2015 | ||
| 15 | 15
16
pgs
respm
Memorandum in opposition to motion
Thu 09/24 4:57 PM
Memorandum in opposition to re12 MOTION to Certify Class filed by POWER DESIGN, INC..(Stout-Tabackman, Leslie) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2
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| 14 | 14
motion
Appear Pro Hac Vice
Thu 09/24 12:06 PM
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 100, receipt number 0090-4255626. Fee Status: Fee Paid. by POWER DESIGN, INC.(Stout-Tabackman, Leslie) |
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Att: 1
Text of Proposed Order
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| Thursday, September 10, 2015 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 09/10 6:48 PM
MINUTE ORDER: Granting13 Motion for Extension of Time to File Response/Reply re12 MOTION to Certify Class. Defendant's Response due by 9/24/2015. Signed by Judge Tanya S. Chutkan on 9/10/15. (DJS) |
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| Wednesday, September 09, 2015 | ||
| 13 | 13
motion
Extension of Time to File Response/Reply
Wed 09/09 10:44 AM
Consent MOTION for Extension of Time to File Response/Reply as to12 MOTION to Certify Class by POWER DESIGN, INC.(Stout-Tabackman, Leslie) |
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Att: 1
Text of Proposed Order
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| Thursday, August 27, 2015 | ||
| 12 | 12
motion
Certify Class
Thu 08/27 10:39 AM
MOTION to Certify Class by ALFONSO ESCOBAR, JENRY ESCOBAR, MEDARDO ESCOBAR, EMERSON LOPEZ, ALEX RIVERA(Hass, Andrew) |
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Att: 1
Memorandum in Support,
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Att: 2
Declaration of Alex Rivera,
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Att: 3
Declaration of Medardo Escobar,
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Att: 4
Declaration of Jenry Escobar,
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Att: 5
Declaration of Alfonso Escobar,
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Att: 6
Declaration of Emerson Lopez
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| Tuesday, August 04, 2015 | ||
| 11 | 11
notice
Notice of Withdrawal of Appearance
Tue 08/04 1:25 PM
NOTICE OF WITHDRAWAL OF APPEARANCE as to POWER DESIGN, INC.. Attorney Alta Marlynn Ray terminated. (Ray, Alta) |
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| Friday, July 31, 2015 | ||
| 10 | 10
order
Scheduling Order
Fri 07/31 3:54 PM
SCHEDULING ORDER. See Order for details. Deadline for motion for class certification: August 31, 2015; deadline to join additional parties: November 30, 2015; deadline to amend pleadings: November 30, 2015; end of fact discovery: January 30, 2016; end of expert discovery (if any): February 29, 2016; status report: February 29, 2016; deadline for dispositive motions: March 31, 2016; oppositions: April 30, 2016; replies: May 31, 2016. Signed by Judge Tanya S. Chutkan on 7/31/2015. (lctsc2) |
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utility
Set/Reset Deadlines
Fri 07/31 4:06 PM
Set/Reset Deadlines: Motion for class certification due by 8/31/2015. Joinder of Parties due by 11/30/2015. Amended Pleadings due by 11/30/2015. Status Report due by 2/29/2016. Dispositive Motions due by 3/31/2016. Response to Dispositive Motions due by 4/30/2016. Reply to Dispositive Motions due by 5/31/2016. (zsm) |
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| Thursday, July 30, 2015 | ||
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minutes
Status Conference
Thu 07/30 11:24 AM
Minute Entry for proceedings held before Judge Tanya S. Chutkan: Status Conference held on 7/30/2015. Scheduling Order to issue. (Court Reporter Bryan Wayne.) (zsm) |
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| Tuesday, July 28, 2015 | ||
| 9 | 9
misc
Meet and Confer Statement
Tue 07/28 11:56 AM
MEET AND CONFER STATEMENT.(Hass, Andrew) |
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Att: 1
Text of Proposed Order Proposed Scheduling Order
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| Thursday, July 09, 2015 | ||
| 8 | 8
notice
Notice of Appearance
Thu 07/09 3:00 PM
NOTICE of Appearance by Andrew Hass on behalf of All Plaintiffs (Hass, Andrew) |
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| Wednesday, July 08, 2015 | ||
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utility
Set/Reset Deadlines/Hearings
Wed 07/08 8:12 AM
Set/Reset Deadlines/Hearings: Rule 26 Meeting Report due by 7/28/2015. Status Conference set for 7/30/2015 at 11:15 AM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) |
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| Tuesday, July 07, 2015 | ||
| 7 | 7
order
.Order
Tue 07/07 8:42 PM
ORDER OF PARTIAL DISMISSAL: In light of the Plaintiffs' July 6, 2015 Status Report6 advising the court that Plaintiffs have settled their claims asserted against defendants EMERSON ALVARADO and E.A. ELECTRIC, LLC., this action is hereby dismissed with prejudice as to defendants. Signed by Judge Tanya S. Chutkan on 7/7/15. (DJS) |
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order
.Order
Tue 07/07 8:45 PM
MINUTE ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference is hereby set for 7/30/15 at 11:15 a.m. in Courtroom 2. No later than 7/28/15 the parties shall file their Report of the Parties' Planning Meeting, pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil Rule 16.3. In addition to the requirements under the Federal and Local Rules, the parties' report shall contain a succinct summary of the case and the statutory basis for all causes of action and defenses. Counsel who attend the Scheduling Conference must be sufficiently familiar with the case to answer any questions which arise and hold the authority to make stipulations and admissions about all matters that can reasonably be anticipated for discussion. Parties are encouraged to attend. Signed by Judge Tanya S. Chutkan on 7/7/15. (DJS) |
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| Monday, July 06, 2015 | ||
| 6 | 6
misc
Status Report
Mon 07/06 1:34 PM
STATUS REPORT by ALFONSO ESCOBAR, JENRY ESCOBAR, MEDARDO ESCOBAR, EMERSON LOPEZ, ALEX RIVERA. (Diamond, Virginia) |
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| Wednesday, July 01, 2015 | ||
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order
.Order
Wed 07/01 11:00 AM
MINUTE ORDER: Not later than 7/6/15 Plaintiff shall file a status report addressing whether service has been effectuated on defendants EMERSON ALVARADO and E.A. ELECTRIC, LLC and the extent to which these defendants have answered, an answer is due or Plaintiff intends to seek default. Signed by Judge Tanya S. Chutkan on 7/1/15. (DJS) |
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utility
Set/Reset Deadlines
Wed 07/01 11:06 AM
Set/Reset Deadlines: Status Report due by 7/6/2015. (zsm) |
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| Monday, June 29, 2015 | ||
| 5 | 5
answer
Answer to Complaint
Mon 06/29 7:02 PM
ANSWER to Complaint -Amended Collective and Class Action by POWER DESIGN, INC..(Ray, Alta) |
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| Wednesday, June 24, 2015 | ||
| 4 | 4
misc
Receipt of Superior Court Transfer Documents
Wed 06/24 12:48 PM
Receipt on 6/24/2015 of ORIGINAL FILE, certified copy of transfer order and docket sheet from Superior Court. Superior Court Number 15-002665.(zrdj) |
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Att: 1
Superior Court Documents
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| Tuesday, June 23, 2015 | ||
| 3 | 3
notice
Notice to Counsel/Party
Tue 06/23 9:51 AM
NOTICE to Counsel/Party re1 Notice of Removal. (md) |
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| Monday, June 22, 2015 | ||
| 2 | 2
misc
Corporate Disclosure Statement
Mon 06/22 5:39 PM
Corporate Disclosure Statement by POWER DESIGN, INC.. (Ray, Alta) |
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| 1 | 1
cmp
Notice of Removal
Mon 06/22 5:34 PM
NOTICE OF REMOVAL Filing fee $ 400, receipt number 0090-4146179 filed by POWER DESIGN, INC..(Ray, Alta) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3 - Notice of Filing,
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Att: 4
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Tue 06/23 8:34 AM
Case Assigned to Judge Tanya S. Chutkan. (md) |
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