Case docket: Elliott Lewis v. Wendy's International Inc. et al

Case details

Court:	cacd
Docket #:	2:09-cv-07193
Case Name:	Elliott Lewis v. Wendy's International Inc. et al
PACER case #:	455544
Date filed:	2009-10-02
Date terminated:	2011-06-30
Assigned to:	Judge Margaret M. Morrow
Referred to:	Magistrate Judge Jacqueline Chooljian
Case Cause:	28:1441 Notice of Removal - Labor/Mgmnt. Relations
Nature of Suit:	790 Labor: Other
Jury Demand:	Plaintiff
Jurisdiction:	Federal Question

Parties

Represented Party	Attorney & Contact Info
Elliott Lewis Plaintiff an individual, on behalf of himself, and all others similarly situated	Alan B Newman Alan Burton Newman Law Offices 4344 Promenade Way Suite 104 Marina Del Rey, CA 90292 310-306-4339 Fax: 310 821 1883 Email: abnplc@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas N Silverstein Kesluk & Silverstein PC 9255 Sunset Boulevard Suite 411 Los Angeles, CA 90069 310-273-3180 Fax: 310-273-6137 Email: dsilverstein@californialaborlawattorney.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Gregory Jacob Kesluk and Silverstein PC 9255 Sunset Boulevard Suite 411 Los Angeles, CA 90069 310-273-3180 Fax: 310-273-6137 Email: mjacob@californialaborlawattorney.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wendy's International Inc. Defendant a Corporation	Mark D Kemple Jones Day 555 South Flower Street 15th Floor Los Angeles, CA 90071-2300 213-489-3939 Fax: 213-243-2539 Email: mkemple@jonesday.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Ruth M Holt Jones Day 555 South Flower Street Fiftieth Floor Los Angeles, CA 90071 213-489-3939 Fax: 213-243-2539 Email: rmholt@jonesday.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Stanley Weiner Jones Day 901 Lakeside Avenue Cleveland, OH 4414-1190 216-586-3939 Fax: 216-579-0212 Email: sweiner@jonesday.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Does Defendant 1 through 20 inclusive

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2009-10-02	1	0		NOTICE OF REMOVAL from Superior Court of CA for the County of Los Angeles-Central District Unlimited Civil Case, case number BC420922 with CONFORMED FILED copy of summons and class action complaint. Case assigned to Judge Margaret M. Morrow, Discovery to Magistrate Judge Jacqueline Chooljian. (Filing fee $ 350 PAID. ), filed by Defendant Wendy's International Inc. (et) (ds). (Entered: 10/05/2009)	2010-10-14 11:45:37	e51bc6113b89106c8ba348304e044647547298f3
2009-10-02	2	0		NOTICE of Interested Parties filed by Plaintiff Wendy's International Inc., identifying Corporate Parent Wendy's/Arby's Group Inc. for Wendy's International Inc. (et) (ds). (Entered: 10/05/2009)
2009-10-09	3	0		DECLARATION of Mark D. Kemple regarding Notice to State Court of Removal of Civl Action to Federal Court filed by Defendant Wendy's International Inc.. (Holt, Ruth) (Entered: 10/09/2009)	2011-01-19 17:03:35	b99c9b1a8f167aa8a657af928d8bc922857bb2ae
2009-10-09	4	0		CERTIFICATE OF SERVICE filed by Defendant Wendy's International Inc., re Notice to Adverse Parties of Removal to Federal Court served on October 5, 2009. (Holt, Ruth) (Entered: 10/09/2009)
2009-10-09	5	0		CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Elliott Lewis, identifying Defendant Wendy's International, Inc.. (Jacob, Michael) (Entered: 10/09/2009)
2009-10-09	6	0		NOTICE DEMAND FOR JURY TRIAL filed by Plaintiff Elliott Lewis. (Jacob, Michael) (Entered: 10/09/2009)
2009-10-09	7	0		NOTICE OF MOTION AND MOTION to Dismiss Class Action Complaint and Motion to Strike filed by Defendant Wendy's International Inc.. Motion set for hearing on 12/14/2009 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Proposed Order)(Kemple, Mark) (Entered: 10/09/2009)
2009-10-09	8	0		[STRICKEN] NOTICE OF MOTION AND MOTION to Dismiss Class Action Complaint MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION filed by Defendant Wendy's International Inc.. Motion set for hearing on 12/14/2009 at 10:00 AM before Judge Margaret M. Morrow. (Kemple, Mark) Modified on 10/13/2009 (ah). (Entered: 10/09/2009)
2009-10-13	9	0		NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is replies, responses and other motion related documents RE: MOTION to Dismiss Class Action Complaint MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION 8 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bp) (Entered: 10/13/2009)
2009-10-13	10	0		RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES by Judge Margaret M. Morrow: The Motion to Dismiss 8 (Memorandum of Points and Authorities) is stricken and counsel are to file a corrected document by 10/14/2009. See Order. (ah) (Entered: 10/13/2009)
2009-10-13	11	0		MEMORANDUM in Support of MOTION to Dismiss Class Action Complaint and Motion to Strike 7 filed by Defendant Wendy's International Inc.. (Kemple, Mark) (Entered: 10/13/2009)	2011-01-19 16:31:52	105a58ca44dab8c8f384680d0d965f23b64306cc
2009-10-29	12	0		ORDER by Judge Margaret M. Morrow re MOTION to Dismiss Class Action Complaint and Motion to Strike 7 . Motion set for hearing on 12/21/2009 at 10:00 AM before Judge Margaret M. Morrow. (rrey) (Entered: 10/29/2009)
2009-11-05	13	0		MINUTES OF IN CHAMBERS ORDER held before Judge Margaret M. Morrow: Counsel are hereby notified that a Scheduling Conference has been set for 12/21/2009 10:00 AM. (bp) (Entered: 11/05/2009)
2009-11-17	14	0		Application of Non-Resident Attorney to Appear in A Specific Case filed by Defendant Wendy's International Inc. (Attachments: # 1 Proposed Order)(Kemple, Mark) Modified on 11/17/2009 (bp). (Entered: 11/17/2009)
2009-11-17	15	0		NOTICE of Change of Attorney Information for attorney Ruth M Holt counsel for Defendant Wendy's International Inc.. Adding Ruth M. Holt as attorney as counsel of record for Wendy's International, Inc. for the reason indicated in the G-06 Notice. Filed by Defendant Wendy's International, Inc. (Holt, Ruth) (Entered: 11/17/2009)
2009-11-18	16	0		ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE by Judge Margaret M. Morrow: The Court, having reviewed the accompanying Applicatio of Stanley Weiner for permission to appear and participate in the above-entitled action on behalf of deendant granting 14 Application to Appear Pro Hac Vice by Attorney Stanley Weiner on behalf of Defendant, Wendy's International, designating Mark D. Kemple as local counsel. (bp) (Entered: 11/18/2009)
2009-11-18	17	0		MEMORANDUM in Opposition to MOTION to Dismiss Class Action Complaint MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION 8 , MOTION to Dismiss Class Action Complaint and Motion to Strike 7 filed by Plaintiff Elliott Lewis. (Jacob, Michael) (Entered: 11/18/2009)
2009-12-02	18	0		REPLY in Support MOTION to Dismiss Class Action Complaint and Motion to Strike 7 filed by Defendant Wendy's International Inc.. (Kemple, Mark) (Entered: 12/02/2009)
2009-12-14	19	0		JOINT REPORT of Rule 26(f) filed by Defendant Wendy's International Inc.. (Kemple, Mark) (Entered: 12/14/2009)	2011-01-19 16:38:26	6334a2f1c5b8301009021d88ffc5b03b9f10476f
2009-12-29	20	0		ORDER by Judge Margaret M. Morrow: granting 7 Motion to Dismiss; denying Motion to Strike. Plaintiff may file an amended complaint within twenty days of the date of this order. (rrey) (Entered: 12/29/2009)	2011-01-19 16:35:52	0d1d5514f43136e8d4a15708edeaebcc992aa582
2010-01-18	21	0		[STRICKEN] AMENDED DOCUMENT filed by Plaintiff Elliott Lewis. FIRST AMENDED CLASS ACTION COMPLAINT (Jacob, Michael) Modified on 1/19/2010 (ah). (Entered: 01/18/2010)
2010-01-19	22	0		ORDER by Judge Margaret M. Morrow the documents listed below be STRICKEN for failure to compy with local rules RE: Amended Document (Non-Motion) 21 : Pursuant to G.O. 08-02, all initiating documents shall be filed in the traditional manner (manually) rather than electronically. Please review G.O. 08-02, page 19 for further instructions (bp) (Entered: 01/19/2010)
2010-01-19	23	0		FIRST AMENDED COMPLAINT against defendants' Wendy's International Inc., Does amending Notice of Removal, 1 , filed by Plaintiff Elliott Lewis (bp) (Entered: 01/20/2010)
2010-01-25	24	0		NOTICE re Settlement Procedure Selection filed by Defendant Wendy's International Inc.. (Attachments: # 1 Proposed Order)(Kemple, Mark) (Entered: 01/25/2010)
2010-01-26	25	0		NOTICE AND REQUEST of Settlement Procedure Selection (Sp3); parties request to appear before a retired judicial officer or other dispute resolution body for mediation type settlement proceedings. Filed by Plaintiff Elliott Lewis, Defendant Wendy's International Inc.(bp) (Entered: 01/26/2010)
2010-01-26	26	0		NOTICE OF MOTION AND MOTION to Dismiss /Strike First Amended Complaint Which Failes to Heed the Court's January 29 Order filed by Defendant Wendy's International Inc.. Motion set for hearing on 3/29/2010 at 10:00 AM before Judge Margaret M. Morrow. (Holt, Ruth) (Entered: 01/26/2010)
2010-01-26	27	0		NOTICE OF LODGING OF [PROPOSED] ORDER re MOTION to Dismiss /Strike First Amended Complaint Which Failes to Heed the Court's January 29 Order 26 filed by Defendant Wendy's International Inc.. (Attachments: # 1 Proposed Order re Defendant's Motion to Dismiss/Strike First Amended Complaint)(Holt, Ruth) (Entered: 01/26/2010)
2010-03-08	28	0		OPPOSITION OPPOSITION re: MOTION to Dismiss /Strike First Amended Complaint Which Failes to Heed the Court's January 29 Order 26 filed by Plaintiff Elliott Lewis. (Jacob, Michael) (Entered: 03/08/2010)
2010-03-15	29	0		REPLY in support of MOTION to Dismiss /Strike First Amended Complaint Which Failes to Heed the Court's January 29 Order 26 filed by Defendant Wendy's International Inc.. (Holt, Ruth) (Entered: 03/15/2010)
2010-03-24	30	0		ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND DENYING DEFENDANT'S MOTION TO STRIKE by Judge Margaret M. Morrow: The court grants defendant's motion to dismiss plaintiff's claims with leave to amend, as it appears possible that plaintiff can allege sufficient facts to state valid causes of action. Because the court has dismissed plaintiff's claims, it denies defendant's motion to strike plaintiff's class allegations as moot. Plaintiff may file an amended complaint within twenty days of the date of this order, 26 Motion to Dismiss (bp) (Entered: 03/25/2010)
2010-04-12	31	0		[STRICKEN] AMENDED DOCUMENT filed by Plaintiff Elliott Lewis. SECOND AMENDED COMPLAINT (Jacob, Michael) Modified on 4/13/2010 (ah). (Entered: 04/12/2010)
2010-04-13	32	0		ORDER by Judge Margaret M. Morrow: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Amended Document (Non-Motion) 31 , for the following reasons: Civil Case Initiating Documents. Complaints (such as third-party complaints, amended complaints, complaints in intervention, counterclaims and cross-claims) and other civil case initiating documents shall be filed, in duplicate, fees paid, and summons issued and served in the traditional manner rather than electronically. SEE G.O. 08-02; (rrey) (Entered: 04/13/2010)
2010-04-14	33	0		SECOND AMENDED COMPLAINT against defendant Does, Wendy's International Inc. amending Amended Complaint 23 ,filed by plaintiff Elliott Lewis (bp) (Entered: 04/16/2010)
2009-12-21	34	0		MINUTES OF SCHEDULING CONFERENCE held before Judge Margaret M. Morrow Final Pretrial Conference set for 10/25/2010 09:00 AM. Jury Trial set for 11/16/2010 08:30 AM. Telephone Conference set for 7/15/2010 05:15 PM.Court Reporter: Mark Schweitzer. (ah) (Entered: 04/28/2010)
2010-05-03	35	0		NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint and to Strike filed by Defendant Wendy's International Inc.. Motion set for hearing on 6/28/2010 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Declaration, # 2 Proposed Order)(Kemple, Mark) (Entered: 05/03/2010)	2011-01-19 17:07:17	958fd824941c651eb98e87333d32b7384b73a009
	35	1	Declaration		2011-01-19 17:08:35	825445a280ae53046a66d112bf438679bdff54b2
	35	2	Proposed Order
2010-06-03	36	0		[STRICKEN] APPLICATION to AMEND Scheduling Conference, Set Hearings,, 34 filed by Plaintiff Elliott Lewis. Application set for hearing on 7/26/2010 at 10:00 AM before Judge Margaret M. Morrow. (Jacob, Michael) Modified on 6/4/2010 (ah). (Entered: 06/03/2010)
2010-06-03	37	0		[STRICKEN] APPLICATION to AMEND Scheduling Order filed by Plaintiff Elliott Lewis. (Jacob, Michael) Modified on 6/4/2010 (ah). (Entered: 06/03/2010)
2010-06-03	38	0		[STRICKEN] APPLICATION to AMEND (Part 3) filed by plaintiff Elliott Lewis. (Attachments: # 1 Proposed Order)(Jacob, Michael) Modified on 6/4/2010 (ah). (Entered: 06/03/2010)
2010-06-04	39	0		NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION to AMEND Scheduling Order 37 , APPLICATION to AMEND (Part 3) 38 . The following error(s) was found: Incorrect event selected.Title page is missing.Other error(s) with document(s) are specified below. The correct event is: responses, replies and other motion related documents. Other error(s) with document(s): Declarations, exhibits and proposed order in support of applications or motions should include a title page and electronically filed under the event responses, replies and other motion related documents. Declarations and exhibits can also be submitted as attachments to an application or motion. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bp) (Entered: 06/04/2010)
2010-06-04	40	0		RESPONSE ORDER TO DEFICIENCY by Judge Margaret M. Morrow. Documents 36 37 38 are stricken. See Order. (ah) (Entered: 06/04/2010)
2010-06-07	41	0		NOTICE OF MOTION re APPLICATION to AMEND Scheduling Conference, Set Hearings,, 34 36 , MOTION to Dismiss Second Amended Complaint and to Strike 35 (Not intended to be linked to Motion to Dismiss SAC. The ECF system did not allow link to Scheduling Order but requires a link to process the filing) filed by Plaintiff Elliott Lewis. Motion set for hearing on 7/26/2010 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Memorandum, # 2 Declaration Silverstein, # 3 Declaration Jacob (Exhibits filed separately per size limits), # 4 Proposed Order)(Jacob, Michael) (Entered: 06/07/2010)
2010-06-07	42	0		EXHIBIT 1-4 to Jacob Declaration to APPLICATION to AMEND Scheduling Conference, Set Hearings,, 34 36 Part of Motion to Amend (Doc 41) filed by Plaintiff Elliott Lewis. (Attachments: # 1 Exhibit 5-7, # 2 Exhibit 8-13)(Jacob, Michael) (Entered: 06/07/2010)
2010-06-07	43	0		MEMORANDUM in Opposition to MOTION to Dismiss Second Amended Complaint and to Strike 35 filed by Plaintiff Elliott Lewis. (Attachments: # 1 Declaration of Michael Jacob)(Jacob, Michael) (Entered: 06/07/2010)
2010-06-09	44	0		Joint STIPULATION to Continue The Hearing Dates of the Motion to Dismiss and the Motion to Amend the Scheduling Order from June 28, 2010 and July 26, 2010, respectively to September 20, 2010 [or an alternative date thereafter convenient for the Court] Re: Notice of Motion,, 41 , MOTION to Dismiss Second Amended Complaint and to Strike 35 filed by plaintiff Elliott Lewis. (Attachments: # 1 Proposed Order)(Jacob, Michael) (Entered: 06/09/2010)
2010-06-14	45	0		REPLY in support of MOTION to Dismiss Second Amended Complaint and to Strike 35 filed by Defendant Wendy's International Inc.. (Kemple, Mark) (Entered: 06/14/2010)	2011-01-19 17:16:49	cd2ef6bb7bc31b3c9a247549bbf22a386be1e8a4
2010-06-16	46	0		APPROVED AND SO ORDERED: That the motions currently scheduled to be heard on June 28, 2010 and July26, 2010, respectively (docket nos. 35 and 41), are denied without prejudice to their refiling after the parties have completed a mediation in this action. The current mediation completion date is continued from August 23, 2010, to August 31, 2010 by Judge Margaret M. Morrow: denying 35 Motion to Dismiss (bp) (Entered: 06/16/2010)
2010-07-15	47	0		MINUTES OF TELEPHONE STATUS CONFERENCE held before Judge Margaret M. Morrow: The parties and the court discuss the parties discovery and pending mediation. The court orders the parties to file a joint status report within fourteen days of the conclusion of their scheduled mediation.Court Reporter: N/A. (ah) (Entered: 07/16/2010)
2010-07-23	48	0		Joint STIPULATION for Protective Order filed by Defendant Wendy's International Inc.. (Attachments: # 1 Proposed Order Proposed Protective Order)(Holt, Ruth) (Entered: 07/23/2010)	2011-01-19 17:09:27	1cbb864b1bf46d063825da45eb1a2bb1685769b6
	48	1			2011-01-19 17:14:51	b3d6974b5f44263df01c816d5dc28d7f7dec1a84
2010-07-27	49	0		APPLICATION for Protective Order for to Quash Depositions filed by Defendant Wendy's International Inc.. Application set for hearing on 9/21/2010 at 09:30 AM before Magistrate Judge Jacqueline Chooljian. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Declaration, # 4 Proposed Order)(Kemple, Mark) (Entered: 07/27/2010)
	49	1			2011-01-19 17:16:15	1400d9beba50381e2c09196c184b19b91311d428
	49	2
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2010-08-13	50	0		APPLICATION for Protective Order for Order to Quash Deposition filed by plaintiff Elliott Lewis. Application set for hearing on 9/21/2010 at 09:30 AM before Magistrate Judge Jacqueline Chooljian. (Attachments: # 1 Memorandum, # 2 Declaration Jacob, # 3 Declaration Holt, # 4 Declaration Kemple, # 5 Declaration Baghcheci, # 6 Proposed Order)(Jacob, Michael) (Entered: 08/13/2010)
2010-09-07	51	0		STATUS REPORT Joint Status Report, Notice Of Settlement And Stipulation Re Pending Motions And Deadlines filed by Defendant Wendy's International Inc.. (Attachments: # 1 Proposed Order)(Holt, Ruth) (Entered: 09/07/2010)
2010-09-08	52	0		ORDER VACATING HEARING AND CALENDAR DATES AND SETTING FILING DEADLINE FOR MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT by Judge Margaret M. Morrow: The Parties shall file a joint motion for preliminary approval of class action settlement on or before October 15, 2010, 49 Application for Protective Order; Off Calendar 50 Application for Protective Order (bp) (Entered: 09/08/2010)
2010-10-15	53	0		NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action (Preliminary Approval) filed by Plaintiff Elliott Lewis. Motion set for hearing on 1/24/2011 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Declaration of Douglas N. Silverstein, # 2 Declaration of Elliott Lewis, # 3 Proposed Order)(Jacob, Michael) (Entered: 10/15/2010)	2011-01-19 18:57:30	18d8ca79d4e7378ac2b3beae2ac191ad194a487d
	53	1
	53	2
	53	3
2010-10-15	54	0		JOINDER in MOTION for Settlement Approval of Class Action (Preliminary Approval) MOTION for Settlement Approval of Class Action (Preliminary Approval) 53 filed by Defendant Wendy's International Inc.. (Holt, Ruth) (Entered: 10/15/2010)
2010-11-01	55	0		NOTICE of Service of CAFA Notice on Federal and State Attorneys General filed by Defendant Wendy's International Inc.. (Kemple, Mark) (Entered: 11/01/2010)	2011-01-19 17:19:46	88894c07c8db156028c517b3580b803aa93ec746
2011-01-18	56	0		ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND FOR CLASS NOTICE OF SETTLEMENT AND FAIRNESS HEARING by Judge Margaret M. Morrow: granting 53 Motion for Settlement. (rrey) (Entered: 01/18/2011)
2011-02-01	57	0		Joint STIPULATION for Order Time-Sensitive Joint Stipulation and Proposed Order re Notice to Class Members filed by Defendant Wendy's International Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Kemple, Mark) (Entered: 02/01/2011)
2011-02-02	58	0		GRANTING STIPULATION AND ORDER 57 ON TIME-SENSITIVE JOING STIPULATION NOTICE TO CLASS MEMBERS by Judge Margaret M. Morrow: The proposed form of Notice of Class Action Settlement (Proposed Notice) attached as Exhibit A to the Joint Stipulation is hereby APPROVED for mailing to those Settlement Class Members who worked both in Crew Member and Hourly Manager positions during the Class Period. The form of Notice approved by the Court on January 18, 2011 shall be used for all other Settlement Class Members. (ah) (Entered: 02/02/2011)
2011-02-03	59	0		REQUEST to Substitute attorney Justine Lazarus in place of attorney Ruth M. Holt filed by Defendant Wendy's International Inc.. (Attachments: # 1 Proposed Order)(Kemple, Mark) (Entered: 02/03/2011)
2011-02-01	60	0		ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Margaret M. Morrow: The Court hereby orders that the request of: Wendy's International, Inc. to substitute Justine Lazarus-JONES DAY as attorney of record in place and stead of Ruth M. Holt-JONES DAY,granting 59 Request to Substitute Attorney. Attorney Ruth M Holt terminated (bp) (Entered: 02/04/2011)
2011-02-16	61	0		IN CHAMBERS ORDER CONTINUING MOTION RE FAIRNESS by Judge Margaret M. Morrow: The motion re fairness is continued to 6/27/2011 at 10:00. (ah) (Entered: 02/16/2011)
2011-03-21	62	0		NOTICE OF LODGING filed BY DEFENDANT RE ORIGINAL EXCLUSION FORMS re Order on Motion for Settlement 56 (Lazarus, Justine) (Entered: 03/21/2011)
2011-04-21	63	0		NOTICE of Change of Attorney Information filed by Defendant Wendy's International Inc.. (Kemple, Mark) (Entered: 04/21/2011)
2011-05-02	64	0		[STRICKEN] NOTICE OF MOTION AND MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT re MOTION for Settlement Approval of Class Action (Preliminary Approval) MOTION for Settlement Approval of Class Action (Preliminary Approval) 53 filed by Plaintiff Elliott Lewis. (Attachments: # 1 Declaration of Douglas N. Silverstein, # 2 Declaration of Jennifer M. Keough, # 3 Proposed Order re Final Approval of Class Action Settlement)(Jacob, Michael) Modified on 5/3/2011 (ah). (Entered: 05/02/2011)
2011-05-02	65	0		NOTICE OF MOTION AND MOTION for Final Approval of Incentive Award, Attorneys' Fees and Costs Motion set for hearing on 6/27/2011 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Declaration of Douglas N. Silverstein, # 2 Declaration of Elliott Lewis, # 3 Proposed Order re Final Approval of Enhancement Fee, Attorneys' Fees & Costs)(Jacob, Michael) Modified on 5/3/2011 (ah). (Entered: 05/02/2011)
2011-05-03	66	0		ORDER STRIKING MOTION FOR FINAL APPROVAL 64 by Judge Margaret M. Morrow: the following document(s) be STRICKEN for the following reasons: SEE ORDER. (ah) (Entered: 05/03/2011)
2011-05-03	67	0		NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiff Elliott Lewis. Motion set for hearing on 6/27/2011 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Declaration of Douglas N. Silverstein, # 2 Declaration of Jennifer M. Keough, # 3 Proposed Order re Final Approval of Class Action Settlement)(Jacob, Michael) (Entered: 05/03/2011)
2011-06-20	68	0		DECLARATION of MICHAEL G. JACOB NOTIFYING COURT OF MARIA D. GARCIAS INTENT TO WITHDRAW HER OBJECTION filed by Plaintiff Elliott Lewis. (Jacob, Michael) (Entered: 06/20/2011)
2011-06-20	69	0		RESPONSE filed by Defendant Wendy's International Inc. regarding Letter Addressed to This Court From Maria D. Garcia (Kemple, Mark) (Entered: 06/20/2011)
2011-06-23	70	0		DECLARATION of Maria D. Garcia re Declaration (non-motion) 68 of Michael Jacob Notifying Court of Maria Garcia's Intent to Withdraw Her Objection to Class Action Settlement filed by Plaintiff Elliott Lewis. (Jacob, Michael) (Entered: 06/23/2011)
2011-06-27	71	0		MINUTES OF Motion Hearing held before Judge Margaret M. Morrow:, RE: MOTION for Settlement Approval of Class Action Settlement 67 , MOTION for Settlement Approval of Class Action 65 . The court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, the court take the motions under submission. Court Reporter: MARK SCHWEITZER. (rrey) (Entered: 06/29/2011)
2011-06-30	72	0		ORDER by Judge Margaret M. Morrow: granting 65 Motion for Settlement; granting 67 Motion for Settlement. (rrey) (Entered: 06/30/2011)
2011-06-30	73	0		JUDGMENT by Judge Margaret M. Morrow. IT IS ORDERED AND ADJUDGED that:1. This action be, and it hereby is, dismissed with prejudice; 2. Class counsel is awarded $500,000 in attorneys fees and $13,200.48 in litigation costs; and3. The class representative shall be paid an incentive award of $7,500. (MD JS-6, Case Terminated). (rrey) (Entered: 06/30/2011)