Case Details

CourtNorthern District of California
Docket number5:12-cv-03255
Date case filed2012-06-22
Date case closed
Date of latest filing
Assigned toHon. Lucy H. Koh
Case cause28:1332 Diversity-Fair Labor Standards Act
Nature of suit790 Labor: Other
Jury demandDefendant
Demand
JurisdictionFederal Question

Case Parties

Party: Mayalinda Bernal
Party type: Plaintiff
on behalf of herself and all others similarly situated employees
Attorney name: Bernard James Fitzpatrick
Attorney Contact:
Fitzpatrick Spini & Swanston
555 S. Main Street
Salinas, CA 93901
(831)755-1311
Fax: 831-755-1319
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: David E Cameron
Attorney Contact:
Wanger Jones Helsley PC
265 E. River Park Circle
Suite 310
Post Office Box 28340
Fresno, CA 93720
559-233-4800
Fax: 559-233-9330
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Patrick Darryn Toole
Attorney Contact:
Wanger Jones Helsley PC
265 E. River Park Circle
Suite 310
Fresno, CA 93720
559-233-4800
Fax: 559-233-9330
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Charles Swanston
Attorney Contact:
Fitzpatrick Spini & Swanston
Attorneys at Law
838 South Main Street
Suite-E
Salinas, CA 93901
831-755-1311
Fax: 831-755-1319
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: John Patrick Kinsey
Attorney Contact:
Wanger Jones Helsley PC
265 E. River Park Circle
Suite 310
Post Office Box 28340
Fresno, CA 93720
(559)233-4800
Fax: (559) 233-9330
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Raul Perez
Attorney Contact:
Capstone Law APC
1840 Century Park East
Suite 450
Los Angeles, CA 90067
310-556-4811
Fax: 310-943-0396
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Shooka Moallem
Attorney Contact:
Capstone Law APC
1840 Century Park East
Suite 450
Los Angeles, CA 90067
United Sta
310-712-8000
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: DaVita, Inc
Party type: Defendant
doing business asDaVita Soledad Dialysis
Attorney name: Michael J. Nader
Attorney Contact:
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
4154424810
Fax: 4154424870
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Becki Diana Graham
Attorney Contact:
Ogletree Deakins Nash Smoak & Stewart, P.C.
Steurt Tower
Suite 1300
San Francisco, CA 94105
415-442-4810
Fax: 415-442-4870
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Thomas Michael McInerney
Attorney Contact:
Ogletree Deakins Nash Smoak & Stewart, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
415-442-4810
Fax: 415-442-4870
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Soledad Dialysis Center, LLC
Party type: Defendant
doing business asSoledad Dialysis
Attorney name: Michael J. Nader
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Becki Diana Graham
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Thomas Michael McInerney
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Mariah Silva
Party type: Defendant
Attorney name: Michael J. Nader
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Becki Diana Graham
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Thomas Michael McInerney
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-06-22 Alleged Class Action NOTICE OF REMOVAL (NO PROCESS); jury demand; from Superior Court of California,Monterey County. Their case number is M117069. (Filing fee $350 receipt number 34611075548). Filed by Soledad Dialysis Center, LLC, Mariah Silva, DaVita, Inc. (Attachments: # 1 Civil Cover Sheet) (bwS, COURT STAFF) (Filed on 6/22/2012) (Additional attachment(s) added on 6/26/2012: # 2 Exhibits: A (Alleged Class Action Complaint); Exhibit-B) (bwS, COURT STAFF). (Additional attachment(s) added on 6/26/2012: # 3 Exhibits: C First Amended Complaint; D , E, F; (bwS, COURT STAFF). Modified on 6/26/2012 (bwS, COURT STAFF). Modified on 6/28/2012 (bwS, COURT STAFF). Modified on 5/8/2013 (dhmS, COURT STAFF). (Entered: 06/26/2012)
22012-06-22 Declaration OF Peggy Nesheim in Support of Removal of Civil Action to Federal Court 1 filed by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (bwS, COURT STAFF) (Filed on 6/22/2012) Modified on 6/28/2012 (bwS, COURT STAFF). (Entered: 06/26/2012)
32012-06-22 Certification of Interested Entities or Persons Under Local Rule 3-16 by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC (bwS, COURT STAFF) (Filed on 6/22/2012) Modified on 6/28/2012 (bwS, COURT STAFF). (Entered: 06/26/2012)
42012-06-22 Certification Pursuant to Federal Rule of Civil Procedure 7.1 by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC (bwS, COURT STAFF) (Filed on 6/22/2012) (Entered: 06/26/2012)
52012-06-22 ADR SCHEDULING ORDER: Case Management Statement due by 8/21/2012. Case Management Conference set for 8/28/2012 02:00 PM in Courtroom 5, 4th Floor, San Jose. (bwS, COURT STAFF) (Filed on 6/22/2012) (Entered: 06/26/2012)
62012-06-27 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AND RE COURT DEADLINE FOR PARTIES TO EITHER CONSENT OR DECLINE TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE: 8/28/2012 Case Management Conference reset to 7/31/2012 at 02:00 PM in Courtroom 5, 4th Floor, San Jose. Joint Case Management Statement due by 7/24/2012. Each party who has not already done so shall file either a Consent or Declination to proceed before a United States Magistrate Judge no later than 7/24/2012. (ofr, COURT STAFF) (Filed on 6/27/2012) (Entered: 06/27/2012)
72012-06-25 CERTIFICATE OF SERVICE re 5 ADR Scheduling Order, 3 Certificate of Interested Entities, 1 Notice of Removal,, 2 Declaration in Support, 4 Certificate of Interested Entities by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC (bwS, COURT STAFF) (Filed on 6/25/2012) (Entered: 06/28/2012)
82012-06-26 CERTIFICATE OF SERVICE re Court Removal Documents re 5 by DaVita, Inc (bwS, COURT STAFF) (Filed on 6/26/2012) (Entered: 07/02/2012)
92012-06-29 Notice of Motion and Motion to Dismiss Plaintiff's Class Action Complaint Pursuant to Rule 12(b)(6); Memorandum of Points adn Authorities in Support Thereof filed by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. Motion Hearing set for 8/28/2212 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 7/13/2012. Replies due by 7/20/2012. (bwS, COURT STAFF) (Filed on 6/29/2012) Modified on 7/2/2012 (bwS, COURT STAFF). (Entered: 07/02/2012)
102012-06-29 REQUEST for Judicial Notice in Support of Motion to Dismiss Plaintiff's MOTION to Dismiss (OVERSIZED DOCUMENT) by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (bwS, COURT STAFF) (Filed on 6/29/2012) (Entered: 07/02/2012)
112012-06-29 (Proposed) Order Dismissing Class Action Complaint Pursuant to Rule 2(b)(6) re 9 by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (bwS, COURT STAFF) (Filed on 6/29/2012) (Entered: 07/02/2012)
122012-06-29 CERTIFICATE OF SERVICE re re 10 Request for Judicial Notice, 11 (Proposed) Order, 9 MOTION to Dismiss by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC (bwS, COURT STAFF) (Filed on 6/29/2012) (Entered: 07/02/2012)
132012-07-02 CLERKS NOTICE re: Failure to E-File and/or Failure to Register as an E-Filer On June 29, 2012, counsel for defendants filed a Request for Judicial Notice and Exhibits A-G manually, on paper. This case has been designated for electronic filing, pursuant to Local Rule 5-4 and General Order 45.The above mentioned paper document has been filed and docketed. However, General Order 45 provides at Section III that cases assigned to judges who participate in the e-filing program shall be presumptively designated as e-filing cases. Therefore, counsel for Defendants should submit Exhibits A-G Only , in PDF format within 10 days, as an attachment in an e-mail message directed to the judges chamber's "PDF" email box listed at http://ecf.cand.uscourts.gov (bwS, COURT STAFF) (Filed on 7/2/2012) (Entered: 07/02/2012)
142012-07-02 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Graham, Becki) (Filed on 7/2/2012) Modified on 7/3/2012 (bwS, COURT STAFF). (Entered: 07/02/2012)
152012-07-03 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge: All matters presently set before Magistrate Judge Paul S. Grewal are hereby vacated. Clerk to reassign case. (ofr, COURT STAFF) (Filed on 7/3/2012) (Entered: 07/03/2012)
162012-07-05 ORDER REASSIGNING CASE. Case reassigned to Hon. Lucy H. Koh for all further proceedings. Magistrate Judge Paul Singh Grewal remains as the referral judge to the case. Reassignment Order signed by Executive Committee on 7/5/2012. (bw, COURT STAFF) (Filed on 7/5/2012) (Entered: 07/05/2012)
172012-07-18 NOTICE by Mayalinda Bernal of Associationof Counsel (Toole, Patrick) (Filed on 7/18/2012) (Entered: 07/18/2012)
182012-07-18 CLERKS NOTICE SETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT Case Management Statement due by 9/26/2012. Case Management Conference set for 10/3/2012 02:00 PM in Courtroom 8, 4th Floor, San Jose. (mpb, COURT STAFF) (Filed on 7/18/2012) (Entered: 07/18/2012)
192012-07-20 Notice of Withdrawal of Motion to Dismiss Plaintiff's Class Action Complaint Pursuant to Rule 12(b)(6) (Graham, Becki) (Filed on 7/20/2012) (Entered: 07/20/2012)
202012-07-26 Answer to Amended Complaint - First Amended Complaint byDaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Graham, Becki) (Filed on 7/26/2012) (Entered: 07/26/2012)
212012-08-24 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Graham, Becki) (Filed on 8/24/2012) (Entered: 08/24/2012)
222012-09-26 JOINT CASE MANAGEMENT STATEMENT filed by Mayalinda Bernal. (Kinsey, John) (Filed on 9/26/2012) (Entered: 09/26/2012)
232012-10-03 Minute Entry and Case Management Order: Initial Case Management Conference held on 10/3/2012 before Judge Lucy H. Koh (Date Filed: 10/3/2012), Case referred to Private ADR.. Further Case Management Conference set for 1/30/2013 02:00 PM in Courtroom 8, 4th Floor, San Jose. Final Pretrial Conference set for 10/16/2013 02:00 PM in Courtroom 8, 4th Floor, San Jose. Jury Selection set for 11/4/2013 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Jury Trial set for 11/4/2013 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (Court Reporter Lee-Anne Shortridge.) (mpb, COURT STAFF) (Date Filed: 10/3/2012) (Entered: 10/05/2012)
242012-11-12 NOTICE by Mayalinda Bernal Notice of Change of Address (Fitzpatrick, Bernard) (Filed on 11/12/2012) (Entered: 11/12/2012)
252012-11-20 STIPULATION WITH PROPOSED ORDER -- STIPULATED PROTECTIVE ORDER -- filed by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Graham, Becki) (Filed on 11/20/2012) (Entered: 11/20/2012)
262012-11-26 STIPULATED PROTECTIVE ORDER by Judge Paul S. Grewal, granting 25 Stipulation. (ofr, COURT STAFF) (Filed on 11/26/2012) (Entered: 11/27/2012)
272012-12-21 NOTICE of Change In Counsel by Patrick Darryn Toole Notice of Withdrawal of Counsel (Toole, Patrick) (Filed on 12/21/2012) (Entered: 12/21/2012)
282013-01-10 NOTICE by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC OF PENDENCY OF OTHER ACTIONS AND PROCEEDINGS (McInerney, Thomas) (Filed on 1/10/2013) (Entered: 01/10/2013)
292013-01-23 JOINT CASE MANAGEMENT STATEMENT filed by Mayalinda Bernal, DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Toole, Patrick) (Filed on 1/23/2013) (Entered: 01/23/2013)
302013-01-30 Minute Entry and Case Management Order: Further Case Management Conference held on 1/30/2013 before Judge Lucy H. Koh (Date Filed: 1/30/2013). Further Case Management Conference set for 5/30/2013 01:30 PM in Courtroom 8, 4th Floor, San Jose. (Court Reporter Summer Fisher.) (mpb, COURT STAFF) (Date Filed: 1/30/2013) (Entered: 02/01/2013)
312013-02-13 STIPULATION re: Authenticity and Business Records filed by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Graham, Becki) (Filed on 2/13/2013) (Entered: 02/13/2013)
322013-02-15 Proposed Order re 31 Stipulation re: Authenticity and Business Records by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Graham, Becki) (Filed on 2/15/2013) (Entered: 02/15/2013)
332013-02-15 ORDER RE: STIPULATION RE: AUTHENTICITY AND BUSINESS RECORDS. Signed by Judge Lucy H. Koh on February 15, 2013. (lhklc1, COURT STAFF) (Filed on 2/15/2013) (Entered: 02/15/2013)
342013-02-15 RESPONSE to Court Order-Declaration of Patrick D. Toole in Response to Court Minute Order and Case Management Order Dated January 30, 2013 [Docket No. 30] by Mayalinda Bernal. (Attachments: # 1 Exhibit A, # 2 Exhibit B-D, # 3 Exhibit E-J, # 4 Exhibit K-Q, # 5 Exhibit R-Y)(Toole, Patrick) (Filed on 2/15/2013) (Entered: 02/15/2013)
352013-02-22 STIPULATION WITH PROPOSED ORDER RE: Notice to Putative Class Members filed by DaVita, Inc. (McInerney, Thomas) (Filed on 2/22/2013) (Entered: 02/22/2013)
362013-02-27 Order by Hon. Lucy H. Koh granting 35 Stipulation.(lhklc1, COURT STAFF) (Filed on 2/27/2013) (Entered: 02/27/2013)
372013-04-03 NOTICE by Mayalinda Bernal Plaintiff's Notice of Association of Counsel (Fitzpatrick, Bernard) (Filed on 4/3/2013) (Entered: 04/03/2013)
382013-04-15 MOTION to Compel Further Responses to Document Production Requests filed by Mayalinda Bernal. Motion Hearing set for 5/21/2013 10:00 AM in Courtroom 5, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 4/29/2013. Replies due by 5/6/2013. (Attachments: # 1 Declaration of Patrick D. Toole, # 2 Exhibit A - C, # 3 Exhibit D [Part 1 of 2], # 4 Exhibit D [Part 2 of 2], # 5 Exhibit E [Part 1 of 4], # 6 Exhibit E [Part 2 of 4], # 7 Exhibit E [Part 3 of 4], # 8 Exhibit E [Part 4 of 4], # 9 Exhibit F - H, # 10 Proposed Order)(Toole, Patrick) (Filed on 4/15/2013) (Entered: 04/15/2013)
392013-04-15 MOTION to Compel Further Depositions and Protective Order filed by Mayalinda Bernal. Motion Hearing set for 5/21/2013 10:00 AM in Courtroom 5, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 4/29/2013. Replies due by 5/6/2013. (Attachments: # 1 Declaration of Patrick D. Toole, # 2 Exhibit A - C, # 3 Exhibit D [Part 1 of 6], # 4 Exhibit D [Part 2 of 6], # 5 Exhibit D [Part 3 of 6], # 6 Exhibit D [Part 4 of 6], # 7 Exhibit D [Part 5 of 6], # 8 Exhibit D [Part 6 of 6], # 9 Exhibit E [Part 1 of 3], # 10 Exhibit E [Part 2 of 3], # 11 Exhibit E [Part 3 of 3), # 12 Exhibit F [Part 1 of 4], # 13 Exhibit F [Part 2 of 4], # 14 Exhibit F [Part 3 of 4], # 15 Exhibit F [Part 4 of 4], # 16 Exhibit G - L, # 17 Proposed Order)(Toole, Patrick) (Filed on 4/15/2013) Modified text on 4/16/2013 (dhmS, COURT STAFF). (Entered: 04/15/2013)
402013-04-15 First MOTION to Certify Class filed by Mayalinda Bernal. Motion Hearing set for 5/30/2013 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 4/29/2013. Replies due by 5/6/2013. (Fitzpatrick, Bernard) (Filed on 4/15/2013) (Entered: 04/16/2013)
412013-04-16 Declaration of Patrick D. Toole in Support of 40 Motion to Certify Class filed by Mayalinda Bernal. (Attachments: # 1 Exhibit A - H)(Fitzpatrick, Bernard) (Filed on 4/16/2013) Modified on 4/17/2013 counsel failed to link entry to document #40 (dhmS, COURT STAFF). (Entered: 04/16/2013)
422013-04-16 Declaration of Raul Perez in Support of 40 Motion to Certify Class filed by Mayalinda Bernal. (Fitzpatrick, Bernard) (Filed on 4/16/2013) Modified on 4/17/2013 counsel failed to link entry to document #40 (dhmS, COURT STAFF). (Entered: 04/16/2013)
432013-04-16 Declaration of B. James Fitzpatrick in Support of 40 Motion to Certify Class filed by Mayalinda Bernal. (Fitzpatrick, Bernard) (Filed on 4/16/2013) Modified on 4/17/2013 counsel failed to link entry to document #40 (dhmS, COURT STAFF). (Entered: 04/16/2013)
442013-04-16 Declaration of Mayalinda Bernal in Support of 40 Motion to Certify Class filed by Mayalinda Bernal. (Fitzpatrick, Bernard) (Filed on 4/16/2013) Modified on 4/17/2013 counsel failed to link entry to document #40 (dhmS, COURT STAFF). (Entered: 04/16/2013)
452013-04-16 Compendium of Class Member Declarations in Support of 40 First MOTION for Class Certification filed by Mayalinda Bernal. (Related document(s) 40 ) (Fitzpatrick, Bernard) (Filed on 4/16/2013) Modified text on 4/17/2013 (dhmS, COURT STAFF). (Entered: 04/16/2013)
462013-04-16 Proposed Order re 40 First MOTION to Certify Class and Proposed Trial Plan by Mayalinda Bernal. (Attachments: # 1 Proposed Trial Plan)(Fitzpatrick, Bernard) (Filed on 4/16/2013) (Entered: 04/16/2013)
472013-04-16 Declaration of Charles Swanston in Support of 40 First MOTION to Certify Class filed byMayalinda Bernal. (Related document(s) 40 ) (Fitzpatrick, Bernard) (Filed on 4/16/2013) (Entered: 04/16/2013)
482013-04-16 EXHIBITS re 47 Declaration in Support A-D filed byMayalinda Bernal. (Related document(s) 47 ) (Fitzpatrick, Bernard) (Filed on 4/16/2013) (Entered: 04/16/2013)
492013-04-16 EXHIBITS re 47 Declaration in Support E-G filed byMayalinda Bernal. (Related document(s) 47 ) (Fitzpatrick, Bernard) (Filed on 4/16/2013) (Entered: 04/16/2013)
502013-04-16 EXHIBITS re 47 Declaration in Support H-I filed byMayalinda Bernal. (Related document(s) 47 ) (Fitzpatrick, Bernard) (Filed on 4/16/2013) (Entered: 04/16/2013)
512013-04-16 EXHIBITS re 47 Declaration in Support J filed byMayalinda Bernal. (Related document(s) 47 ) (Fitzpatrick, Bernard) (Filed on 4/16/2013) (Entered: 04/16/2013)
522013-04-16 EXHIBITS re 47 Declaration in Support K-L filed byMayalinda Bernal. (Related document(s) 47 ) (Fitzpatrick, Bernard) (Filed on 4/16/2013) (Entered: 04/16/2013)
532013-04-16 EXHIBITS re 47 Declaration in Support M filed byMayalinda Bernal. (Related document(s) 47 ) (Fitzpatrick, Bernard) (Filed on 4/16/2013) (Entered: 04/16/2013)
542013-04-24 Declaration of Patrick D. Toole Requesting Rule 16 and/or Rule 37 Conference by Mayalinda Bernal. (Attachments: # 1 Exhibit "A" - "G")(Toole, Patrick) (Filed on 4/24/2013) Modified text on 4/25/2013 (dhmS, COURT STAFF). (Entered: 04/24/2013)
552013-04-26 ORDER SETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on April 26, 2013. (lhklc1, COURT STAFF) (Filed on 4/26/2013) (Entered: 04/26/2013)
562013-04-29 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION to 38 MOTION to Compel Further Responses to Document Production Requests filed by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Attachments: # 1 Declaration Declaration of Peggy Nesheim ISO Defendants' Opposition, # 2 Declaration Declaration of John Mull ISO Defendants' Opposition)(Graham, Becki) (Filed on 4/29/2013) Modified text on 4/30/2013 (dhmS, COURT STAFF). (Entered: 04/29/2013)
572013-04-29 Declaration of Becki D. Graham in Support of 56 Opposition to MOTION to Compel Further Responses to Document Production Requests filed by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 56 ) (Graham, Becki) (Filed on 4/29/2013) Modified text on 4/30/2013 (dhmS, COURT STAFF). (Entered: 04/29/2013)
582013-04-29 Declaration of Thomas M. McInerney in Support of 56 Opposition to MOTION to Compel Further Responses to Document Production Requests filed by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 56 ) (Graham, Becki) (Filed on 4/29/2013) Modified text on 4/30/2013 (dhmS, COURT STAFF). (Entered: 04/29/2013)
592013-04-29 OPPOSITION to ( 39 Third Party MOTION to Compel Further Depositions and Protective Order ) filed by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Graham, Becki) (Filed on 4/29/2013) Modified text on 4/30/2013 (dhmS, COURT STAFF). (Entered: 04/29/2013)
602013-04-29 Declaration of Thomas M. McInerney in Support of 59 Opposition to MOTION to Compel Further Depositions and Protective Order filed by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Related document(s) 59 ) (Graham, Becki) (Filed on 4/29/2013) Modified text on 4/30/2013 (dhmS, COURT STAFF). (Entered: 04/29/2013)
612013-04-30 JOINT REPORT in Preparation of Case Management Conference Set for May 1, 2013 filed by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (McInerney, Thomas) (Filed on 4/30/2013) Modified text on 5/1/2013 (dhmS, COURT STAFF). (Entered: 04/30/2013)
622013-04-30 CLERK'S NOTICE SETTING DISCOVERY HEARING: Discovery Hearing set for 4/30/2013 at 05:15 PM (SPECIAL SET) in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 4/30/2013) (Entered: 04/30/2013)
632013-04-30 ORDER VACATING CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on April 30, 2013. (lhklc1, COURT STAFF) (Filed on 4/30/2013) (Entered: 04/30/2013)
642013-04-30 Minute Entry: Discovery Hearing held on 4/30/2013 before Magistrate Judge Paul S. Grewal: As to defendants being able to take depositions of 9 declarants, counsel may submit letter brief by 5/1/13 at 5:00 p.m. (3 pages or less, single spaced, 12 point font). Upon submission of letters, the court will issue ruling. (Court Reporter FTR: (5:21 to 5:44.) (ofr, COURT STAFF) (Date Filed: 4/30/2013) (Entered: 05/01/2013)
652013-05-01 DECLARATION OF PATRICK D. TOOLE REQUESTING RULE 16 CONFERENCE TO EXTEND DEPOSITION LIMITATION FROM 12 TO 19 by Mayalinda Bernal. (Attachments: # 1 Exhibit "A" - "I")(Toole, Patrick) (Filed on 5/1/2013) Modified text on 5/2/2013 (dhmS, COURT STAFF). (Entered: 05/01/2013)
662013-05-01 Discovery Letter BriefRegarding Plaintiff's Refusal to Comply With Their Rule 26 Disclosure Obligations and to Make Recently Disclosed Witnesses Available for Deposition filed by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (McInerney, Thomas) (Filed on 5/1/2013) (Entered: 05/01/2013)
672013-05-01 First Discovery Letter Brief Objecting to Nine (9) Depositions Noticed by Defendants filed by Mayalinda Bernal. (Toole, Patrick) (Filed on 5/1/2013) (Entered: 05/01/2013)
682013-05-02 ORDER RE DEPOSITIONS by Judge Paul S. Grewal re 66 Discovery Letter Brief; re 67 Discovery Letter Brief (psglc2, COURT STAFF) (Filed on 5/2/2013) (Entered: 05/02/2013)
692013-05-06 REPLY to Opposition to ( 38 MOTION to Compel Further Responses to Document Production Requests< ) filed by Mayalinda Bernal. (Toole, Patrick) (Filed on 5/6/2013) Modified text on 5/7/2013 (dhmS, COURT STAFF). (Entered: 05/06/2013)
702013-05-06 REPLY to Opposition to ( 39 Third Party MOTION to Compel Further Depositions and Protective Order ) filed by Mayalinda Bernal. (Toole, Patrick) (Filed on 5/6/2013) Modified text on 5/7/2013 (dhmS, COURT STAFF). (Entered: 05/06/2013)
712013-05-06 JOINT DECLARATION of Patrick D. Toole in Support of Reply(s) to Opposition to ( 38 MOTION to Compel Further Responses to Document Production Requests , 39 Third Party MOTION to Compel Further Depositions and Protective Order ) filed by Mayalinda Bernal. (Attachments: # 1 Exhibit "A"-"F", # 2 Exhibit "G", # 3 Exhibit "H"-"J")(Toole, Patrick) (Filed on 5/6/2013) Modified text on 5/7/2013 (dhmS, COURT STAFF). (Entered: 05/06/2013)
722013-05-07 ERRATA to 40 Plaintiff's Memorandum of Points and Authorities in Support of Motion to Certify Class Action by Mayalinda Bernal. (Attachments: # 1 Errata)(Swanston, Charles) (Filed on 5/7/2013) Modified text on 5/8/2013 (dhmS, COURT STAFF). (Entered: 05/07/2013)
732013-05-08 Memorandum of Points and Authorities in Opposition to ( 40 First MOTION to Certify Class ) filed byDaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Nader, Michael) (Filed on 5/8/2013) Modified text on 5/9/2013 (dhmS, COURT STAFF). (Entered: 05/08/2013)
742013-05-08 Declaration of Tom M. McInerney in Support of 73 Opposition to Motion for Class Certification filed by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Related document(s) 73 ) (Nader, Michael) (Filed on 5/8/2013) Modified text on 5/9/2013 (dhmS, COURT STAFF). (Entered: 05/08/2013)
752013-05-08 Declaration of Michael J. Nader in Support of 73 Opposition to Motion for Class Certification filed by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L - part 1 of 2, # 13 Exhibit L - part 2 of 2, # 14 Exhibit M - part 1 of 2, # 15 Exhibit M - part 2 of 2)(Related document(s) 73 ) (Nader, Michael) (Filed on 5/8/2013) Modified text on 5/9/2013 (dhmS, COURT STAFF). (Entered: 05/08/2013)
762013-05-08 Declaration of Becki D. Graham in Support of 73 Opposition to Motion for Class Certification filed by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D - part 1 of 2, # 5 Exhibit D - part 2 of 2, # 6 Exhibit E, # 7 Exhibit F - part 1 of 3, # 8 Exhibit F - part 2 of 3, # 9 Exhibit F - part 3 of 3, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J)(Related document(s) 73 ) (Nader, Michael) (Filed on 5/8/2013) Modified text on 5/9/2013 (dhmS, COURT STAFF). (Entered: 05/08/2013)
772013-05-15 REPLY to Opposition to ( 40 MOTION for Class Certification ) filed by Mayalinda Bernal. (Toole, Patrick) (Filed on 5/15/2013) Modified text on 5/17/2013 (dhmS, COURT STAFF). (Entered: 05/15/2013)
782013-05-15 Declaration of Patrick D. Toole in Support of 77 Reply to Opposition to Motion for Class Certification filed by Mayalinda Bernal. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B" -"J")(Related document(s) 77 ) (Toole, Patrick) (Filed on 5/15/2013) Modified text on 5/17/2013 (dhmS, COURT STAFF). (Entered: 05/15/2013)
792013-05-15 Declaration of Charles Swanston in Support of 77 Reply to Opposition to Motion for Class Certification filed by Mayalinda Bernal. (Related document(s) 77 ) (Toole, Patrick) (Filed on 5/15/2013) Modified text on 5/17/2013 (dhmS, COURT STAFF). (Entered: 05/15/2013)
802013-05-15 Declaration of Shooka Moallem in Support of 77 Reply in Support of Motion for Class Certification filed by Mayalinda Bernal. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 77 ) (Moallem, Shooka) (Filed on 5/15/2013) Modified text on 5/17/2013 (dhmS, COURT STAFF). (Entered: 05/15/2013)
812013-05-15 COMPENDIUM of Class Member Declarations in Support of 77 Reply in Support of MOTION for Class Certification filed by Mayalinda Bernal. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4-5)(Related document(s) 77 ) (Moallem, Shooka) (Filed on 5/15/2013) Modified text on 5/17/2013 (dhmS, COURT STAFF). (Entered: 05/15/2013)
822013-05-17 ERRATA to 73 Defendants' Memorandum of Points and Authorities in Opposition to Motion for Class Certification by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Attachments: # 1 Exhibit Rebuttal Report of Dr. Crandall)(Nader, Michael) (Filed on 5/17/2013) Modified text on 5/20/2013 (dhmS, COURT STAFF). (Entered: 05/17/2013)
832013-05-17 CLERK'S NOTICE Continuing Motion Hearing, Reset Hearing as to 38 MOTION to Compel Further Responses to Document Production Requests and 39 Third Party MOTION to Compel Further Depositions and Protective Order: 5/21/2013 Motions continued to 5/28/2013 at 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 5/17/2013) (Entered: 05/17/2013)
842013-05-17 OBJECTIONS to New Evidence in 77 Reply to Defendant's Opposition to Plaintiff's Motion for Class Certification by DaVita, Inc, Mariah Silva, Soledad Dialysis Center, LLC. (Nader, Michael) (Filed on 5/17/2013) Modified text on 5/20/2013 (dhmS, COURT STAFF). (Entered: 05/17/2013)
852013-05-21 NOTICE OF SETTLEMENT by Mayalinda Bernal re 38 MOTION to Compel Further Responses to Document Production Requests, 39 Third Party MOTION to Compel Further Depositions and Protective Order, 40 First MOTION to Certify Class (Toole, Patrick) (Filed on 5/21/2013) Modified text on 5/22/2013 (dhmS, COURT STAFF). (Entered: 05/21/2013)
862013-05-28 ORDER TO WITHDRAW MOTION. Signed by Judge Lucy H. Koh on May 28, 2013. (lhklc1, COURT STAFF) (Filed on 5/28/2013) (Entered: 05/28/2013)
872013-05-28 Notice of Withdrawal of Motion for Class Certification (Toole, Patrick) (Filed on 5/28/2013) (Entered: 05/28/2013)
882013-05-29 ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on May 29, 2013. (lhklc1, COURT STAFF) (Filed on 5/29/2013) (Entered: 05/29/2013)
892013-05-30 ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on May 30, 2013. (lhklc1, COURT STAFF) (Filed on 5/30/2013) (Entered: 05/30/2013)
902013-07-19 NOTICE OF MTOION AND MOTION for Preliminary Approval of Class Action Settlement; Memorandum of Points and Authorities filed by Mayalinda Bernal. Motion Hearing set for 9/5/2013 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 8/2/2013. Replies due by 8/9/2013. (Attachments: # 1 Declaration of Patrick D. Toole, # 2 Declaration of B. James Fitzpatrick, # 3 Declaration of Charles Swanston, # 4 Declaration of Raul Perez, # 5 Declaration of Mayalinda Bernal, # 6 Declaration of Diabanza Lusakiovo, # 7 Proposed Order)(Perez, Raul) (Filed on 7/19/2013) Modified text on 7/23/2013 (dhmS, COURT STAFF). (Entered: 07/19/2013)
912013-07-22 CLERKS NOTICE Continuing Motion Hearing 90 . Motion Hearing set for 1/23/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. If it becomes possible on the Court's calendar to advance the hearing, the Court will notify the parties. *****THIS IS A TEXT-ONLY NOTICE. THERE IS NO DOCUMENT ASSOCIATED WITH THIS DOCKET ENTRY***** (mpb, COURT STAFF) (Filed on 7/22/2013) (Entered: 07/22/2013)
922013-07-26 CLERKS NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE Further Case Management Conference set for 1/23/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose. *****THIS IS A TEXT-ONLY NOTICE. THERE IS NO DOCUMENT ASSOCIATED WITH THIS DOCKET ENTRY***** (mpb, COURT STAFF) (Filed on 7/26/2013) (Entered: 07/26/2013)