Case details

Court: cacd
Docket #: 2:11-cv-04132
Case Name: Jonathan Sultan v. Medtronic Inc
PACER case #: 501948
Date filed: 2011-05-13
Date terminated: 2012-10-17
Assigned to: Judge Michael W. Fitzgerald
Referred to: Magistrate Judge Paul L. Abrams
Case Cause: 29:201 Fair Labor Standards Act
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Jonathan Sultan
Plaintiff
an individual, on behalf of himself and all others similarl
Courtney Dawn Brewer
Michael Tracy Law Offices 2030 Main Street Suite 1300 Irvine, CA 92614 949-260-9171 Fax: 866-365-3051 Email: cbrewer@michaeltracylaw.com
TERMINATED: 08/10/2011 ATTORNEY TO BE NOTICED

Michael L Tracy
Law Offices of Michael Tracy 2030 Main Street Suite 1300 Irvine, CA 92614 949-260-9171 Fax: 866-365-3051 Email: mtracy@michaeltracylaw.com
ATTORNEY TO BE NOTICED

Medtronic Inc
Defendant
a Minnesota Corporation
John H Lien
Mayer Brown LLP 350 South Grand Avenue 25th Floor Los Angeles, CA 90071-1503 213-229-9500 Fax: 213-625-0248 Email: jlien@mayerbrown.com
ATTORNEY TO BE NOTICED

John P Zaimes
Mayer Brown LLP 355 South Grand Avenue 25th Floor Los Angeles, CA 90071 213-229-9500 Fax: 213-625-0248 Email: jzaimes@mayerbrown.com
ATTORNEY TO BE NOTICED

Stephanie Henderson Espinosa
Reed Smith LLP 355 South Grand Avenue Suite 2900 Los Angeles, CA 90071-1514 213-457-8000 Fax: 213-457-8080 Email: sespinosa@reedsmith.com
TERMINATED: 03/12/2012 ATTORNEY TO BE NOTICED

Patricia L Collins
Mediator (ADR Panel)
ADR Services, Inc. 1900 Ave of the Stars, Suite 250 Los Angeles, CA 90067

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-05-13 1 0 CLASS ACTION COMPLAINT against Defendant Medtronic Inc. Case assigned to Judge Jacqueline H. Nguyen for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Jonathan Sultan.(et) (ds). (Entered: 05/16/2011) 2012-03-27 13:22:19 9cec12858abdf13447b64560ded25f3f276a29ef
2011-05-13 2 0 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Jonathan Sultan. (et) (ds). (Entered: 05/16/2011)
2011-05-31 3 0 PROOF OF SERVICE Executed by Plaintiff Jonathan Sultan, upon Defendant Medtronic Inc served on 5/26/2011, answer due 6/16/2011. Service of the Summons and Complaint were executed upon Margaret Wilson, Person authorized to accept service of process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Tracy, Michael) (Entered: 05/31/2011)
2011-06-15 4 0 FIRST AMENDED COMPLAINT against defendant Medtronic Inc amending Complaint - (Discovery), Complaint - (Discovery) 1 ,filed by plaintiff Jonathan Sultan (bp) (Entered: 06/16/2011)
2011-07-11 5 0 WAIVER OF SERVICE Returned Executed filed by plaintiff Jonathan Sultan. upon Medtronic Inc waiver sent by Plaintiff on 6/30/2011, answer due 8/29/2011. Waiver of Service signed by John H. Lien, Attorney for Defendant. (Tracy, Michael) (Entered: 07/11/2011)
2011-07-25 6 0 NOTICE OF MOTION AND MOTION to Dismiss and, MOTION to Strike Under Federal Rule of Civil Procedure 12(b)(6) and 12(f); Memorandum of Points and Authorities in Support Thereof filed by Defendant Medtronic Inc. Motion set for hearing on 8/22/2011 at 02:00 PM before Judge Jacqueline H. Nguyen. (Attachments: # 1 Proposed Order Granting Defendant's Motion to Dismiss and Motion to Strike Under Federal Rule of Civil Procedure 12(b)(6) and 12(f))(Lien, John) (Entered: 07/25/2011)
2011-07-25 7 0 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss and MOTION to Strike Under Federal Rule of Civil Procedure 12(b)(6) and 12(f); Memorandum of Points and Authorities in Support Thereof MOTION to Strike Under Federal Rule of Civil Procedure 12(b)(6) and 12(f); Memorandum of Points and Authorities in Support Thereof 6 Request for Judicial Notice in Support of Defendant's Motion to Dismiss and Motion to Strike Under Federal Rule of Civil Procedure 12(b)(6) and 12(f) filed by Defendant Medtronic Inc. (Lien, John) (Entered: 07/25/2011)
2011-07-25 8 0 Defendant's CERTIFICATION of Interested Parties filed by Defendant Medtronic Inc, (Lien, John) (Entered: 07/25/2011)
2011-07-28 9 0 NOTICE of Change of Attorney Information for attorney Stephanie Henderson Espinosa counsel for Defendant Medtronic Inc. Adding STEPHANIE H. ESPINOSA as attorney as counsel of record for MEDTRONIC, INC. for the reason indicated in the G-06 Notice. Filed by Defendant Medtronic, Inc. (Espinosa, Stephanie) (Entered: 07/28/2011)
2011-08-01 10 0 MEMORANDUM in Opposition to MOTION to Dismiss and MOTION to Strike Under Federal Rule of Civil Procedure 12(b)(6) and 12(f); Memorandum of Points and Authorities in Support Thereof MOTION to Strike Under Federal Rule of Civil Procedure 12(b)(6) and 12(f); Memorandum of Points and Authorities in Support Thereof 6 filed by Plaintiff Jonathan Sultan. (Tracy, Michael) (Entered: 08/01/2011)
2011-08-08 11 0 REPLY Reply In Support of Motion to Dismiss and Motion to Strike under Federal Rule of Civil Procedure 12(b)(6) and 12(f) MOTION to Dismiss and MOTION to Strike Under Federal Rule of Civil Procedure 12(b)(6) and 12(f); Memorandum of Points and Authorities in Support Thereof MOTION to Strike Under Federal Rule of Civil Procedure 12(b)(6) and 12(f); Memorandum of Points and Authorities in Support Thereof 6 filed by Defendant Medtronic Inc. (Lien, John) (Entered: 08/08/2011)
2011-08-09 12 0 NOTICE OF DISASSOCIATION OF COURTNEY D. BREWER AS COUNSEL OF RECORD FOR PLAINTIFF JONATHAN SULTAN filed by Plaintiff Jonathan Sultan. (Tracy, Michael) (Entered: 08/09/2011)
2011-08-19 13 0 IN CHAMBERS ORDER TAKING MOTION OFF-CALENDAR AND UNDER SUBMISSION by Judge Jacqueline H. Nguyen: re MOTION to Dismiss/Strike 6 . The Court finds the matter(s) appropriate for submission on the papers without oral argument. See Fed. R. Civ. P. 78(b) and Local Rule 7-15 (the Court may dispense with oral argument on any matter unless otherwise required). The matter(s) is/are, therefore, removed from the Court's calendar subject to resetting should the Court deem oral argument is needed. (ama). (Entered: 08/19/2011)
2011-11-16 14 0 IN CHAMBERS ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND GRANTING DEFENDANT'S MOTION TO STRIKE by Judge Jacqueline H. Nguyen: granting 6 Motion to Dismiss ; granting 6 Motion to Strike. Defendants Motion to Dismiss Plaintiffs First and Third Causes of Action is GRANTED with prejudice; Defendants Motion to Strike Portion of Plaintiffs Second Cause of Action is GRANTED; andDefendants Motion to Dismiss Plaintiffs Fourth Cause of Action, as applied to the putative Regular Rate Class, is GRANTED with prejudice.The Parties are hereby ORDERED to file supplemental briefing on whether this Court retains jurisdiction over the instant matter. The Parties are ORDERED to file simultaneous briefs and responses by November 28, 2011. Each brief is limited to no more than 7 pages. The matter shall stand submitted upon receipt of the Parties briefs, and the Court will set a hearing if it deems necessary. (ama) (Entered: 11/16/2011)
2011-11-28 15 0 SUPPLEMENT to MOTION to Dismiss and MOTION to Strike Under Federal Rule of Civil Procedure 12(b)(6) and 12(f); Memorandum of Points and Authorities in Support Thereof MOTION to Strike Under Federal Rule of Civil Procedure 12(b)(6) and 12(f); Memorandum of Points and Authorities in Support Thereof 6 filed by Plaintiff Jonathan Sultan. (Tracy, Michael) (Entered: 11/28/2011)
2011-11-28 16 0 Supplemental BRIEF filed by Defendant Medtronic Inc. Regarding the Court's Continuing Jurisdiction (Espinosa, Stephanie) (Entered: 11/28/2011)
2011-11-30 17 0 Joint STIPULATION for Order Additional Briefing Re Jurisdiction and [Proposed] Order filed by Defendant Medtronic Inc. (Attachments: # 1 Proposed Order Re Additional Briefing Re Jurisdiction)(Lien, John) (Entered: 11/30/2011)
2011-12-01 18 0 ORDER RE ADDITIONAL BRIEFING RE JURISDICTION by Judge Jacqueline H. Nguyen: re Stipulation for Order 17 . (ama) (Entered: 12/01/2011)
2011-12-01 19 0 DEFENDANT'S RESPONSE TO PLAINTIFF'S SUPPLEMENTAL BRIEF REGARDING JURISDICTION filed by Defendant Medtronic Inc. (ama) (Entered: 12/01/2011)
2011-12-08 20 0 ANSWER to Amended Complaint 4 / Defendant's Answer to Plaintiff's First Amended Complaint filed by Defendant Medtronic Inc.(Lien, John) (Entered: 12/08/2011)
2011-12-09 21 0 ORDER FOR RULE 26 JOINT SCHEDULING REPORT by Judge Jacqueline H. Nguyen: Deadline to File Joint Report:January 9, 2012. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (ama) (Entered: 12/09/2011)
2011-12-12 22 0 ORDER RETAINING SUBJECT MATTER JURSIDICTION ( IN CHAMBERS) by Judge Jacqueline H. Nguyen: The Court has reviewed the Parties submissions and finds that it retains subject matter jurisdiction over the instant matter, because Plaintiffs First Amended Complaint (FAC) sufficiently alleged jurisdiction under the Class Action Fairness Act of 2005 (CAFA). (Docket no. 4.) (ama) (Entered: 12/12/2011)
2011-12-14 23 0 NOTICE of Unavailability of Counsel filed by defendant Medtronic Inc. (Espinosa, Stephanie) (Entered: 12/14/2011)
2011-12-16 24 0 EX PARTE APPLICATION to Stay Case pending the outcome of the CA Supreme Court's Decision in Brinker Restaurant filed by Defendant Medtronic Inc. (Attachments: # 1 Declaration, # 2 Proposed Order)(Espinosa, Stephanie) (Entered: 12/16/2011)
2011-12-19 25 0 MEMORANDUM in Opposition to EX PARTE APPLICATION to Stay Case pending the outcome of the CA Supreme Court's Decision in Brinker Restaurant 24 filed by Plaintiff Jonathan Sultan. (Tracy, Michael) (Entered: 12/19/2011)
2011-12-21 26 0 MINUTES (IN CHAMBERS): ORDER Denying Defendant's Ex Parte Application to Stay 24 by Judge Jacqueline H. Nguyen. For the reasons contained in this order, Defendant's Ex Parte Application is DENIED. See order for details. (csi) (Entered: 12/21/2011)
2011-12-28 27 0 ANSWER to Amended Complaint 4 Defendant's First Amended Answer to Plaintiff's First Amended Complaint filed by Defendant Medtronic Inc.(Lien, John) (Entered: 12/28/2011)
2012-01-10 28 0 ORDER TO SHOW CAUSE re SANCTIONS (In Chambers) by Judge Jacqueline H. Nguyen: re: Minutes Ordering Report 21 . The Court, on its own motion, ORDERS that counsel for plaintiff show cause in writing on or before January 24, 2012, why sanctions should not be imposed for failure to comply with the Court's Order. The Court will consider the filing of the following, on or before the above date, to be an appropriate response to this Order to Show Cause and the Order to Show Cause shall be deemed DISCHARGED : Rule 26(f) Report pursuant to this Court Order filed December 9, 2011 21 . (ama) (Entered: 01/10/2012)
2012-01-10 29 0 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-10 days, filed by Defendant Medtronic Inc, Plaintiff Jonathan Sultan.. (Tracy, Michael) (Entered: 01/10/2012)
2012-01-11 30 0 ORDER/REFERRAL to ADR PROGRAM by Judge Jacqueline H. Nguyen: ordering case to a neutral selected from the courts Mediation Panel for mandatory settlement conference. (ama) (Entered: 01/11/2012)
2012-01-11 31 0 ORDER RE JURY TRIAL by Judge Jacqueline H. Nguyen: Final Pretrial Conference set for 3/18/2013 10:30 AM and Jury Trial set for 4/16/2013 08:30 AM before Judge Jacqueline H. Nguyen. (ama) (Entered: 01/11/2012)
2012-01-23 32 0 NOTICE of Change of firm name and address by Stephanie Henderson Espinosa attorney for Defendant Medtronic Inc. Changing firm name to Mayer Brown LLP and address to 350 South Grand Avenue, 25th Floor, Los Angeles, CA 90071. Filed by Defendant Medtronic Inc. (Espinosa, Stephanie) (Entered: 01/23/2012)
2012-01-23 33 0 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Hon. Patricia Collins may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Jonathan Sultan(Lien, John) (Entered: 01/23/2012)
2012-01-26 34 0 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Patricia L Collins has been assigned to serve as Panel Mediator. (mb) (Entered: 01/26/2012)
2012-03-07 35 0 NOTICE of Change of Attorney Information for attorney John P Zaimes counsel for Defendant Medtronic Inc. Changing Firm Name and Address to Mayer Brown LLP - 350 South Grand Avenue, 25th Floor, Los Angeles, CA 90071. Changing E-mail and Fax to jzaimes@mayerbrown.com - (213) 625-0248. Adding John P. Zaimes as attorney as counsel of record for Medtronic, Inc. for the reason indicated in the G-06 Notice. Filed by Defendant Medtronic, Inc. (Zaimes, John) (Entered: 03/07/2012)
2012-03-07 36 0 NOTICE of Change of Attorney Information for attorney John H Lien counsel for Defendant Medtronic Inc. Changing Firm Name and Address to Mayer Brown LLP - 350 South Grand Avenue, 25th Floor, Los Angeles, CA 90071. Changing E-mail and Fax to jlien@mayerbrown.com - (213) 625-0248. Adding John H. Lien as attorney as counsel of record for Medtronic, Inc. for the reason indicated in the G-06 Notice. Filed by Defendant Medtronic, Inc. (Lien, John) (Entered: 03/07/2012)
2012-03-12 37 0 NOTICE of Change of Attorney Information for attorney Stephanie Henderson Espinosa counsel for Defendant Medtronic Inc. Stephanie Espinosa will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Stephanie Espinosa is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant Medtronic, Inc. (Espinosa, Stephanie) (Entered: 03/12/2012)
2012-05-11 38 0 ORDER OF THE CHIEF JUDGE (#12-042) approved by Chief Judge Audrey B. Collins. IT IS ORDERED, with the concurrence of the Case Management and Assignment Committee, that this case be reassigned from the calendar of Judge Jacqueline H. Nguyen to the calendar of Judge Michael W Fitzgerald for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 11-4132 MWF(PLAx). (sn) (Entered: 05/14/2012)
2012-05-16 39 0 MINUTE (IN CHAMBERS) TRANSFER OF CASE TO JUDGE FITZGERALD by Judge Michael W Fitzgerald: This action has been reassigned to the HONORABLE MICHAEL W. FITZGERALD, United States District Judge. The magistrate judge's assignment remains the same. Please substitute the initials MWF in place of the initials JHN. The case number will now read: CV 11-4132-MWF(PLAx). As documents are routed using the judge's initials, it is important to use the correct initials on all subsequent filings. (See attached Minute Order for further details). All hearing dates will remain as previously set. (jp) (Entered: 05/16/2012)
2012-06-05 40 0 NOTICE OF MOTION AND MOTION to Amend Amended Complaint 4 filed by Plaintiff Jonathan Sultan. Motion set for hearing on 7/9/2012 at 10:00 AM before Judge Michael W Fitzgerald. (Attachments: # 1 Declaration of Michael Tracy, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order)(Tracy, Michael) (Entered: 06/05/2012)
2012-06-18 41 0 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Jonathan Sultan. Motion set for hearing on 7/23/2012 at 10:00 AM before Judge Michael W Fitzgerald. (Attachments: # 1 Declaration of Michael Tracy, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit 2, # 5 Exhibit 14, # 6 Exhibit 15, # 7 Exhibit 16, # 8 Proposed Order)(Tracy, Michael) (Entered: 06/18/2012)
2012-06-18 42 0 Opposition re: MOTION to Amend Amended Complaint 4 MOTION to Amend Amended Complaint 4 40 (Defendant Medtronic, Inc.'s Memorandum of Points and Authorities in Opposition to Plaintiff Jonathan Sultan's Motion to File Second Amended Complaint) filed by Defendant Medtronic Inc. (Zaimes, John) (Entered: 06/18/2012)
2012-06-18 43 0 DECLARATION of John H. Lien in Opposition to MOTION to Amend Amended Complaint 4 MOTION to Amend Amended Complaint 4 40 (Declaration of John H. Lien in Support of Opposition to Plaintiff Jonathan Sultan's Motion to File Second Amended Complaint) filed by Defendant Medtronic Inc. (Attachments: # 1 Exhibits A to D)(Zaimes, John) (Entered: 06/18/2012)
2012-06-25 44 0 Notice of Withdrawal of Motion to Amend/Correct, 40 filed by Plaintiff Jonathan Sultan. (Tracy, Michael) (Entered: 06/25/2012)
2012-06-25 45 0 Opposition re: MOTION to Certify Class 41 (Defendant Medtronic's Memorandum of Points And Authorities in Opposition to Plaintiff's Motion for Class Certification) filed by Defendant Medtronic Inc. (Zaimes, John) (Entered: 06/25/2012)
2012-06-25 46 0 DECLARATION of John H. Lien in Support of Opposition to MOTION to Certify Class 41 (Declarant of John H. Lien in Support of Defendant Medtronic, Inc.'s Opposition to Plaintiff Jonathan Sultan's Motion for Class Certification) filed by Defendant Medtronic Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Zaimes, John) (Entered: 06/25/2012)
2012-06-25 47 0 DECLARATION of Tracee A. Edelen in Support of Opposition to MOTION to Certify Class 41 filed by Defendant Medtronic Inc. (Zaimes, John) (Entered: 06/25/2012)
2012-06-25 48 0 DECLARATION of Employee Declarations in Support of Opposition to MOTION to Certify Class 41 (Appendix of Employee Declarations in Support of Defendant Medtronic, Inc.'s Opposition to Plaintiff Jonathan Sultan's Motion for Class Certification) filed by Defendant Medtronic Inc. (Attachments: # 1 Exhibits 1-10, # 2 Exhibits 11-20, # 3 Exhibits 21-30)(Zaimes, John) (Entered: 06/25/2012)
2012-07-02 49 0 REPLY in support MOTION to Certify Class 41 filed by Plaintiff Jonathan Sultan. (Attachments: # 1 Declaration Michael Tracy in support of reply, # 2 Exhibit A to Decl Tracy, # 3 Exhibit B to Decl Tracy, # 4 Supplement Objections to evidence)(Tracy, Michael) (Entered: 07/02/2012)
2012-07-23 50 0 MINUTES OF Motion for Class Certification 41 ; Motion Hearing held before Judge Michael W Fitzgerald: Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. The Court will issue an order following the hearing. Court Reporter: Rosalyn Adams. (jp) (Entered: 07/23/2012)
2012-07-23 51 0 MINUTES (IN CHAMBERS): ORDER by Judge Michael W Fitzgerald: denying Plaintiff's Motion to Certify Class Action 41 . (kbr) (Entered: 07/23/2012)
2012-08-09 52 0 NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims filed by Plaintiff Jonathan Sultan. Motion set for hearing on 9/10/2012 at 10:00 AM before Judge Michael W Fitzgerald. (Attachments: # 1 Supplement Separate Statement of Uncontroverted Facts and Conclusions of Law, # 2 Declaration of Michael Tracy, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Proposed Order)(Tracy, Michael) (Entered: 08/09/2012)
2012-08-20 53 0 MEMORANDUM in Opposition to MOTION for Summary Judgment as to All Claims 52 (Defendant Medtronic, Inc.'s Memorandum of Points and Authorities in Opposition to Plaintiff's Motion for Summary Judgment) filed by Defendant Medtronic Inc. (Lien, John) (Entered: 08/20/2012)
2012-08-20 54 0 DECLARATION of John H. Lien in opposition to MOTION for Summary Judgment as to All Claims 52 (Declaration of John H. Lien in Support of Defendant Medtronic's Opposition to Plaintiff's Motion for Summary Judgment) filed by Defendant Medtronic Inc. (Lien, John) (Entered: 08/20/2012)
2012-08-20 55 0 DECLARATION of Tracee A. Edelen in opposition to MOTION for Summary Judgment as to All Claims 52 (Declaration of Tracee A. Edelen) filed by Defendant Medtronic Inc. (Lien, John) (Entered: 08/20/2012)
2012-08-20 56 0 DECLARATION of Justin Foo in opposition to MOTION for Summary Judgment as to All Claims 52 (Declaration of Justin Foo) filed by Defendant Medtronic Inc. (Lien, John) (Entered: 08/20/2012)
2012-08-20 57 0 DECLARATION of Rachel L. Caines in opposition to MOTION for Summary Judgment as to All Claims 52 (Declaration of Rachel L. Caines) filed by Defendant Medtronic Inc. (Lien, John) (Entered: 08/20/2012)
2012-08-20 58 0 DECLARATION of Katherine Cleland in opposition to MOTION for Summary Judgment as to All Claims 52 (Declaration of Katherine Cleland) filed by Defendant Medtronic Inc. (Lien, John) (Entered: 08/20/2012)
2012-08-20 59 0 DECLARATION of Rhonda Mood in opposition to MOTION for Summary Judgment as to All Claims 52 (Declaration of Rhonda Mood) filed by Defendant Medtronic Inc. (Lien, John) (Entered: 08/20/2012)
2012-08-20 60 0 DECLARATION of Mona Rand in opposition to MOTION for Summary Judgment as to All Claims 52 (Declaration of Mona Rand) filed by Defendant Medtronic Inc. (Lien, John) (Entered: 08/20/2012)
2012-08-20 61 0 DECLARATION of Renee Coder Umeno in opposition to MOTION for Summary Judgment as to All Claims 52 (Declaration of Renee Coder Umeno) filed by Defendant Medtronic Inc. (Lien, John) (Entered: 08/20/2012)
2012-08-20 62 0 DECLARATION of Ryan Villamor in opposition to MOTION for Summary Judgment as to All Claims 52 (Declaration of Ryan Villamor) filed by Defendant Medtronic Inc. (Lien, John) (Entered: 08/20/2012)
2012-08-20 63 0 STATEMENT of Genuine Disputed Issues of Material Fact in Opposition to MOTION for Summary Judgment as to All Claims 52 (Defendant Medtronic, Inc.'s Statement of Genuine Disputed Issues of Material Fact in Opposition to Plaintiff's Motion for Summary Judgment) filed by Defendant Medtronic Inc. (Lien, John) (Entered: 08/20/2012)
2012-08-27 64 0 REPLY in support MOTION for Summary Judgment as to All Claims 52 filed by Plaintiff Jonathan Sultan. (Attachments: # 1 Supplement Objections to Declaration in Support of Defendant's Opposition to Motion for Summary Judgment)(Tracy, Michael) (Entered: 08/27/2012)
2012-08-30 65 0 NOTICE OF ERRATA filed by Defendant Medtronic Inc. correcting Declaration (Motion related) 62 , Declaration (Motion related) 60 (Notice of Errata re: Defendant Medtronic, Inc.'s Opposition to Plaintiff's Motion for Summary Judgment) (Lien, John) (Entered: 08/30/2012)
2012-09-05 66 0 MINUTES (IN CHAMBERS) by Judge Michael W Fitzgerald: ORDER DENYING Plaintiff's Motion for Summary Judgment 52 . The Court need not reach Sultan's objections to Medtronic's reliance on witnesses with undisclosed contact information because the Motion must be denied, even without reference to the disputed testimony. (jp) (Entered: 09/05/2012)
2012-09-05 67 0 MINUTE ORDER IN CHAMBERS by Judge Michael W Fitzgerald. This matter is set for a Final Pretrial Conference/Hearing on Motions In Limine on March 18, 2013, and Jury Trial on April 16, 2013. The parties are ordered to review and comply with Judge Fitzgeralds standing Order Re Jury Trial on the Courts website, www.cacd.uscourts.gov, under Judges Procedures and Schedules. The time of the Final Pretrial Conference is hereby continued to 11:00 a.m. on March 18, 2013. (kbr) (Entered: 09/05/2012)
2012-09-12 68 0 EX PARTE APPLICATION for Order for A) Directing the Parties to a Mandatory Settlement Conference; and B) Staying the Action Until the Mandatory Settlement Conference is Completed filed by defendant Medtronic Inc. (Attachments: # 1 Proposed Order)(Lien, John) (Entered: 09/12/2012)
2012-09-12 69 0 DECLARATION of John H. Lien in support of Defendant Medtronic's Ex Parte Application for an Order: A) Directing the Parties to a Mandatory Settlement Conference; and B) Staying the Action Until the Mandatory Settlement Conference is Completed filed by Defendant Medtronic Inc. (Lien, John) (Entered: 09/12/2012)
2012-09-13 70 0 OPPOSITION to Medtronic's Second Ex Parte Application to Stay the Case filed by Plaintiff Jonathan Sultan. (Tracy, Michael) (Entered: 09/13/2012)
2012-09-17 71 0 MINUTES (IN CHAMBERS): ORDER by Judge Michael W Fitzgerald: denying 68 Ex Parte Application for A) Order Directing the Parties to a Mandatory Settlement Conference; and B) Staying the Action Until the Mandatory Settlement Conference is Completed. (kbr) (Entered: 09/17/2012)
2012-10-15 72 0 NOTICE of Offer of Judgment filed by Plaintiff Jonathan Sultan. Defendant's Offer of Judgment to Plaintiff Pursuant FRCP 68 (Tracy, Michael) (Entered: 10/15/2012)
2012-10-15 73 0 NOTICE of Acceptance of Offer of Judgment filed by Plaintiff Jonathan Sultan. to Notice of Offer of Judgment 72 . (Attachments: # 1 Affidavit Proof of Service, # 2 Proposed Order)(Tracy, Michael) (Entered: 10/15/2012)
2012-10-16 74 0 NOTICE OF LODGING filed (Medtronic, Inc.'s Notice of Lodging of Objections to Plaintiff's Proposed Judgment) re Notice of Acceptance of Offer of Judgment 73 (Zaimes, John) (Entered: 10/16/2012)
2012-10-17 75 0 JUDGMENT PURSUANT TO FRCP 68 by Judge Michael W Fitzgerald: Pursuant to FRCP 68, the Court hereby enters judgment for plaintiff against defendant in the total amount of $18,901.00, allocated as follows: (1) Compensatory damages with respect to plaintiff's meal period claims in the amount of $8,399.00; (2) Interest on the meal period claims in the amount of $2,301.00; (3) Civil penalties under the California Labor Code Penalty Attorney General Act (PAGA) in the amount of $3,700.00, of which $2,775.00 is owed to the State of California Labor and Workforce Development Agency pursuant to the PAGA statute; (4) Attorney's fees with respect to the PAGA claim in the amount of $1,500 (over 40% of the total PAGA recovery); and (5) Costs of suit in the amount of $3,001.00. (MD JS-6, Case Terminated). (jp) (Entered: 10/19/2012)
2012-11-14 76 0 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Jonathan Sultan. Appeal of Order on Motion to Certify Class Action 51 , Order on Motion for Summary Judgment, 66 , Order on Motion to Dismiss, Order on Motion to Strike,,,,,, 14 (Appeal fee of $455 receipt number 0973-11250800 paid.) (Tracy, Michael) (Entered: 11/14/2012)
2012-11-15 77 0 NOTIFICATION by Circuit Court of Appellate Docket Number 12-57072, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 76 as to Plaintiff Jonathan Sultan. (car) (Entered: 11/15/2012)
2012-12-07 78 0 TRANSCRIPT ORDER as to Plaintiff Jonathan Sultan Court Reporter. Court will contact Virginia Tomlinson at calendar@michaeltracylaw.com with any questions regarding this order. Transcript portion requested: Other: 7/23/2012 Motion for Class Certification. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Tracy, Michael) (Entered: 12/07/2012)
2012-12-07 79 0 TRANSCRIPT for proceedings held on 7/23/12, 11:00 AM. Court Reporter/Electronic Court Recorder: ROSALYN ADAMS, phone number rosalyn.adams494@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/28/2012. Redacted Transcript Deadline set for 1/7/2013. Release of Transcript Restriction set for 3/7/2013. (Adams, Rosalyn) (Entered: 12/07/2012)
2012-12-07 80 0 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/23/12, 11:00 AM re Transcript 79 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Adams, Rosalyn) TEXT ONLY ENTRY (Entered: 12/07/2012)
2013-08-12 81 0 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 76 filed by Jonathan Sultan, CCA # 12-57072. Appellee's motion to dismiss this appeal for lack of jurisdiction is denied without prejudice to renewing the arguments in the answering brief. Order received in this district on 8/12/13. (car) (Entered: 08/14/2013)
2013-08-16 82 0 Notice of Appearance or Withdrawal of Counsel: for attorney John P Zaimes counsel for Defendant Medtronic Inc. John H. Lien is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Medtronic, Inc.. (Zaimes, John) (Entered: 08/16/2013)