Case Details

CourtCentral District of California
Docket number2:04-cv-04797
Date case filed2004-07-01
Date case closed2006-09-27
Date of latest filing
Assigned toJudge Manuel L. Real
Case cause29:201 Fair Labor Standards Act
Nature of suit710 Labor: Fair Standards
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: Michelle Gaynor
Party type: Plaintiff
Attorney name: John W Haley
Attorney Contact:
Hare Wynn Newell and Newton
Massey Building
2025 3rd Avenue North, Suite 800
Birmingham, AL 35203-3331
328-5330
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kenneth E Riley
Attorney Contact:
Farris Riley and Pitt
2025 3rd Avenue North, Suite 200
Birmingham, AL 35203
324-1212
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kirby D Farris
Attorney Contact:
Farris Riley & Pitt LLP
2025 3rd Avenue North, Suite 200
Birmingham, AL 35203
324-1212
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Starmed Health Personnel Inc
Party type: Defendant
Attorney name: Carol S Nelson
Attorney Contact:
Constangy Brooks and Smith
AmSouth Harbert Plaza
1901 6th Avenue North, Suite 1410
Birmingham, AL 35203
252-9321
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Charles M Poplstein
Attorney Contact:
Thompson Coburn
1 US Bank Plaza, Suite 3100
St Louis, MO 63101-1693
314-552-6000
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Chris Mitchell
Attorney Contact:
Constangy Brooks and Smith
AmSouth Harbert Plaza
1901 6th Avenue North, Suite 1410
Birmingham, AL 35203
252-9321
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kevin Elliot Gaut
Attorney Contact:
Mitchell Silberberg and Knupp LLP
11377 West Olympic Boulevard
Los Angeles, CA 90064-1683
310-312-3179
Fax: 310-312-3100
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mary M Bonacorsi
Attorney Contact:
Thompson Coburn
1 US Bank Plaza, Suite 3100
St Louis, MO 63101
314-552-6000
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Samantha C Grant
Attorney Contact:
Mitchell Silberberg and Knupp LLP
11377 West Olympic Boulevard
Los Angeles, CA 90064-1683
310-312-2000
Fax: 310-312-3100
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Timm W Schowalter
Attorney Contact:
Thompson Coburn
1 US Bank Plaza, Suite 3100
St Louis, MO 63101
314-552-6000
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Healthcare Staffing Solutions Inc
Party type: Defendant
Attorney name: Samantha C Grant
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Wesley Medical Resources Inc
Party type: Defendant

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12003-04-07 COMPLAINT filed, amount paid $150, receipt #200 189549 (jag, ) (Entered: 07/29/2004)
32003-04-10 SUMMONS and complaint returned executed upon defendant Starmed Health Perso on 4/9/03 filed (jag, ) (Entered: 07/29/2004)
102003-05-29 ANSWER by defendant Starmed Health Personnel Inc with appearance by attorneys(jag, ) (Entered: 07/29/2004)
222004-07-06 ORDER of Judicial Panel on MDL transferring case to MDL Panel in Central District of California filed (certified copy of docket entries with original court file mailed to Clerk - Central District of California)(jag, ) (Entered: 07/29/2004)
232004-07-01 Copy of Conditional Transfer Order received from the Judicial Panel on Multidistrict Litigation. Transfer order filed by MDL panel on 05/06/04 regarding transfer of Case No. 2:03-790 from USDC Northern District of Alabama. Case assigned to Manuel L. Real for the purpose of pretrial proceedings. Case consolidated with 2:04-ml-1601.(rrey, ) (Entered: 07/08/2004)
242004-07-23 NOTICE TO COUNSEL ORDER by Judge Manuel L. Real. This case has been assigned to the calendar of Judge Manuel L Real. Counsel are advised that the Court expects strict compliance with the provisions of the LR and the FRCP. Noncompliance may lead to the imposition of sanctions which may include the striking of pleadings and entry of judgment or dismissal of the action (see document for further details)(rl, ) (Entered: 07/27/2004)
252004-07-29 NOTICE OF CLERICAL ERROR and Correction of Scanned Document. Due to clerical error Notice of Counsel Order 24 has been corrected for the following reason: Document number was renumbered from 2 to 24. (jag, ) (Entered: 07/29/2004)
262004-10-26 MINUTES OF PROCEEDINGS:In Chambers before Judge Manuel L. Real : These cases were Stayed Earlier this Year in Order to allow as many cases as were going to be joined to this MDL Action to do so. As of this Date, Only these two cases (and one other, CV -04-6424-R, which voluntarily dismissed their action, and the Case was Accordingly Closed) are part of what has been Designated MDL 1601: In Re Starmed Health Personnel Inc. Status Conference set for 11/15/2004 10:00 AM before Honorable Manuel L. Real.Court Reporter: none present. (pbap, ) (Entered: 10/26/2004)
272004-11-05 EX PARTE APPLICATION for an Order Continuing the Status Conference Date filed by Defendant Starmed Health Personnel Inc. (dw, ) (Entered: 11/09/2004)
282004-11-05 DECLARATION of Samantha C Grant and Charles Poplstein In Support of Defendants' EX PARTE APPLICATION for Order Continuing the Status Conference Date 27 filed by Defendants Starmed Health Personnel Inc. (dw, ) (Entered: 11/09/2004)
292004-11-08 NOTICE OF MOTION AND MOTION of Chris Mitchell and Carol Sue Nelson and Constangy, Brooks & Smith LLC to Withdraw as Attorney filed by Defendants Starmed Health Personnel Inc. (shb, ) (Entered: 11/24/2004)
302004-11-29 MINUTES Status Conference by Judge Manuel L. Real: Defendant's Oppositions to Plaintiff's Motions To Certify Class Shall Be Filed by 12/6/04. Hearing on the Motions to Certify Class Shall Be Set on 12/13/04 at 10:00am. Pretrial Conference set for 1/24/2005 11:00 AM and for Trial 2/15/05 at 9:00am before Honorable Manuel L. Real.Court Reporter: Leonore LeBlanc. (dw, ) (Entered: 12/02/2004)
312004-12-07 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF'S NOTICE AND MOTION for Collective Action filed by Defendant Starmed Health Personnel Inc. Motion set for hearing on 12/13/2004 at 10:00 AM before Honorable Manuel L. Real. Lodged Nunc Pro Tunc 12/6/04. (dw, ) (Entered: 12/09/2004)
322004-12-07 OPPOSITION to Plaintiff's Notice and Motion for Class Certification filed by Defendant Starmed Health Personnel Inc. (dw, ) (Entered: 12/09/2004)
332004-12-07 EXHIBITS and Unpublished Authority In Support of Defendants' Opposition to Plaintiff's Notice and Motion for Certification of Class Action Under Rule 23 and Opposition to Platiniff's Notice and Motion for Certification of Class Acton 29 USC 216. (Related to MOTION 31 ) filed by Defendant Starmed Health Personnel Inc. (dw, ) (Entered: 12/09/2004)
342004-12-13 MINUTES by Judge Manuel L. Real re: Plaintiffs' motions for certification of class action under Federal Rule 23 and under 29 USC 216(b): The matter is continued to 1/3/05 at 10:00am for hearing as the plaintiffs' reply papers were filed late and the court has not had time to consider them.Court Reporter: Leonore LeBlanc. (dw, ) (Entered: 12/15/2004)
352004-12-13 OBJECTION to Affidavit of Sharon Decato in Suppport of Plaintiff's Reply In Support of Motions for Class Certification filed by Plaintiff Michelle Gaynor (dw, ) Modified on 12/16/2004 (dw, ). (Entered: 12/15/2004)
362004-12-13 OBJECTIONS to Declaration of Laurie Thomas in Support of Plaintiffs Reply In Support of Motions For Class Certification filed by Plaintiff Michelle Gaynor (dw, ). (Entered: 12/15/2004)
372004-12-13 OBJECTION to Declaration of Christopher Piel In Support of Plaintiffs' Reply in Support of Motions for Class Certification filed by Plaintiff Michelle Gaynor. (dw, ) (Entered: 12/16/2004)
382004-12-13 REPLY in Support of Motions for Class Certification filed by Plaintiffs Bonnie Morey, Mary H. Vargas, Darrelyn Renee Henry (dw, ) (Entered: 12/16/2004)
392004-12-20 EX PARTE APPLICATION for Order Setting A New Discovery Schedule and Changing the Trial Setting: and Supporting Memorandum of Points and Authorities filed by Defendants Starmed Health Personnel Inc, Healthcare Staffing Solutions Inc, Wesley Medical Resources Inc. (pbap, ) (Entered: 12/27/2004)
402004-12-20 DECLARATION of Lynn Reid in Support of EX PARTE APPLICATION for Order Setting A New Discovery Schedule and Changing the Trial Setting; filed by Defendants Starmed Health Personnel Inc, Healthcare Staffing Solutions Inc, Wesley Medical Resources Inc 39 (pbap, ) (Entered: 12/27/2004)
412005-03-17 MINUTES ORDER (IN CHAMBERS) regarding Future Filings in this MDL Matter: Counsel in all cases which fall under MDL 04-1601-R are hereby ordered to file all papers as titled above, under the MDL # with any cases pertaining to the MDL listed below the MDL #. All papers submitted in the matter shall then be docketed under the MDL 04-1601-R; this will insure uniformity in filings and docketing, and do away with any confusion caused by filings under the underlying case #s, and questions as to on which docket the filing information shall be placed. Court Reporter: None present. (bg, ) (Entered: 03/18/2005)
422005-05-23 MINUTES OF (IN CHAMBERS) ORDER by Judge Manuel L. Real : Plaintiffs Rikki Miller et al motion for certification of collective action under 29 USC 216(b) and Plaintiffs Rikki Miller et al motion for certification of class under FRCP 23 set for hering on 6/6/05 at 10:00 am are hereby Taken Off Calendar As Moot; The Court hereby Sets this Matter for a Mandatory Status Conference on 6/13/2005 10:00 AM before Honorable Manuel L. Real under MDL 04-1601-R, which at this timeincludes case numbers CV-04-4523-R, CV-04-4797-R, CV-05-825-R, SACV-05-270-R and SACV-05-415-R, on the issue of the Order regarding Notice to the Class. Court Reporter: None Present. (bg, ) (Entered: 05/24/2005)
432006-09-14 MINUTES OF IN CHAMBERS ORDER held before Judge Manuel L. Real : The Court hereby sets a Status Conference on these MDL consolidated actions for 10/2/2006 11:00 AM. Parties shall file a joint status report with the Court regarding the present stance of these actions by 9/25/06. Court Reporter: None Present. (bg, ) (Entered: 09/15/2006)
442006-09-27 ORDER by Judge Manuel L. Real that the settlement of the claims in the case of Michelle Gaynor v StarMed Health Personnel Inc, Case No 2:04-cv-04797-R JWJ is hereby approved as a fair and reasonable settlement of all claims asserted, and the form of Settlement Agreement attached to the parties Stipulation is hereby approved by the Court. It is further ORDERED AND DECREED that the claims of plaintiff in the case of Michelle Gaynor v StarMed Health Personnel Inc., Case No 2:04-cv-04797 R JWJ are hereby dismissed with prejudice, each party to bear its own costs and fees. (Made JS-6. Case Terminated.)(bg, ) (Entered: 09/28/2006)
452006-09-26 SEALED DOCUMENT-JOINT STIPULATION for Dismissal and Approval of Settlement (eb). (Entered: 10/03/2006)