Michael Monaco v. D.A. Davidson Companies

California Central District Court
Judge:S James Otero
Referred: David T Bristow
Case #: 5:16-cv-00332
Nature of Suit480 Other Statutes - Consumer Credit
Cause15:1681 Fair Credit Reporting Act
Case Filed:Feb 24, 2016
Terminated:Feb 13, 2017
Last checked: Monday Aug 22, 2016 2:05 AM PDT
Defendant
D.A. Davidson Companies
Represented By
Benjamin A Emmert
Littler Mendelson
contact info
Karin Morgan Cogbill
Littler Mendelson PC
contact info
Plaintiff
Michael Monaco
Represented By
Kyann C Kalin
Stutheit Kalin LLC
contact info


Docket last updated: 8 hours ago
Monday, February 13, 2017
46 46 order Order ~Util - Terminate Civil Case Mon 02/13 4:33 PM
AMENDED ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT by Judge S. James Otero:Final approval applies only to all current and former employees of D.A. Davidson and all applicants for employment for whom D.A. Davidson requested a consumer report in the period between February 24, 2013 through July 29, 2016. Named Plaintiff Michael Monaco is suitable to serve as ClassRepresentative, and therefore is appointed the Representative for the class.Stutheit Kalin LLC and HKM Employment Attorneys LLP are appointedcounsel for the Settlement Class.C lass Counsel are awarded $48,285.00 in attorneys fees and $7,723.00 in litigation costs to be paid out of the settlement fund in accordance with the Settlement Agreement. The Court approves claim administration costs and expenses in the amount of $17,700.00 to Kurtzman Carson Consultants LLC. (SSE DOCUMENT FOR OTHER SPECIFICS).(Made JS-6. Case Terminated.) (lc)
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Wednesday, February 08, 2017
45 45 respm Declaration (Motion related) Wed 02/08 4:24 PM
DECLARATION of Benjamin A. Emmert In Support of Joint Motion for Final Approval of Settlement Attaching Supp. Decl. NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement 38 filed by Defendant D.A. Davidson Companies.(Emmert, Benjamin)
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Att: 1 Exhibit Decl. of Beth Verdekal
Monday, January 30, 2017
44 44 minutes Motion Hearing Settlement Attorney Fees Mon 02/06 2:18 PM
MINUTES OF MOTION for Settlement Approval of Class Action Settlement [ECF #38 ] and MOTION for Attorney Fees [ECF #39 ] Hearing held before Judge S. James Otero: Matter called. The Court and counsel confer. The Court indicates that there are no objectors to the motion for settlement present. The Court approves the motions. Counsel shall prepare and submit proposed ordersconsistent with the Court's findings. Court Reporter: Carol Zurborg. (jy)
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Thursday, January 19, 2017
43 43 notice Deficiency in Electronically Filed Documents (G-112A) Thu 01/19 3:29 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Supplement(Motion related),42 . The following error(s) was found: Title page is missing LR 11-3.8 required filer, attorney, court information. 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. (lc)
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42 42 respm Supplement (Motion related) Thu 01/19 3:04 PM
SUPPLEMENT to NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement 38 Supplemental Declaration of Beth Verdekal on Behalf of Claims Administrator re Notice and Distribution filed by Plaintiff Michael Monaco. (Kalin, Kyann)
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Tuesday, January 03, 2017
41 41 order Order Wed 01/04 11:54 AM
ORDER REGARDING STIPULATION RE CIVIL LOCAL RULE 23-337 by Judge S. James Otero: Plaintiff shall have until January 16, 2017 to file a Motion for Final Approval of Class Action Settlement and a Motion for Attorneys Fees, Costs, and Class Representative Award. (lc) Modified on 1/4/2017 (lc)
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Friday, December 30, 2016
40 40 notice Notice of Lodging Fri 12/30 3:16 PM
NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Attorney Fees 39(Kalin, Kyann)
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Att: 1 Proposed Order Granting Motion for Attorneys' Fees, Costs and Class Representative Award
39 39 motion Attorney Fees Fri 12/30 2:21 PM
NOTICE OF MOTION AND MOTION for Attorney Fees filed by PLAINTIFF Michael Monaco. Motion set for hearing on 1/30/2017 at 10:00 AM before Judge S. James Otero. (Kalin, Kyann)
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Att: 1 Declaration of Donald Heyrich,
Att: 2 Declaration of Kyann C. Kalin
38 38 motion Settlement Fri 12/30 1:47 PM
NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by PLAINTIFF Michael Monaco. Motion set for hearing on 1/30/2017 at 10:00 AM before Judge S. James Otero. (Kalin, Kyann)
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Att: 1 Declaration of Claims Administrator,
Att: 2 Proposed Order Granting Final Approval of Class Action Settlement
Thursday, December 22, 2016
37 37 stip Extension of Time to File Document Thu 12/22 2:43 PM
STIPULATION for Extension of Time to File Unopposed Motion for Final Approval of Class Action Settlement and Unopposed Motion for Attorneys' Fees, Costs, and Class Representative Award filed by Plaintiff Michael Monaco.(Kalin, Kyann)
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Att: 1 Proposed Order
Tuesday, November 01, 2016
36 36 textonly Generic Text Only Entry Tue 11/01 12:27 PM
NOTICE TO PARTIES by District Judge S. James Otero. Effective November 7, 2016, Judge Otero will be located at the 1st Street Courthouse, COURTROOM 10C on the 10th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 10C of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp)
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Thursday, October 13, 2016
35 35 order Certify Class Action Mon 10/17 10:30 AM
ORDER ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT [Docket No.27 ] by Judge S. James Otero: the Court GRANTS the Motion. IT IS SO ORDERED. See minute order for details. (jy)
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Wednesday, October 12, 2016
34 34 notice Notice of Lodging Wed 10/12 11:52 AM
NOTICE OF LODGING filed Amended Proposed Order Granting Preliminary Approval of Class Action Settlement re Notice of Motion28 , Joint NOTICE OF MOTION AND MOTION to Certify Class Preliminary Approval 27(Kalin, Kyann)
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Att: 1 Proposed Order
Tuesday, October 11, 2016
33 33 testxtonly Text Only Scheduling Notice Tue 10/11 4:30 PM
The Court finds the following motion suitable for disposition without oral argument and vacates the hearing re MOTION for Preliminary Approval of Class Action Settlement28 , set for hearing on October 17, 2016. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr)
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Wednesday, September 21, 2016
32 32 order Appear Pro Hac Vice Thu 09/22 8:56 AM
ORDER by Judge S. James Otero: granting26 Non-Resident Attorney Rachel M. Emens APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Michael Monac, designating Mamta Ahluwalia as local counsel. (lc)
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31 31 order Appear Pro Hac Vice Thu 09/22 8:54 AM
ORDER by Judge S. James Otero: granting25 Non-Resident Attorney Donald W. Heyrich APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Michael Monaco, designating Mamta Ahluwalia as local counsel. (lc)
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30 30 notice Deficiency in Electronically Filed Documents (G-112A) Wed 09/21 10:12 AM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint NOTICE OF MOTION AND MOTION to Certify Class Preliminary Approval 27 , Notice of Motion28 . The following error(s) was found:Incorrect document is attached to the docket entry.Incorrect event selected. No. 27 is Not the motion, but the memorandum in support; the correct event: Memorandum in support of motion. No 28 is the Motion, but the event used set a duplicate hearing for 10/17/16. 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. (lc)
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Tuesday, September 20, 2016
29 29 respm Declaration (Motion related) Tue 09/20 4:02 PM
DECLARATION of Kyann Kalin In Support Of Joint NOTICE OF MOTION AND MOTION to Certify Class Preliminary Approval 27 filed by Plaintiff Michael Monaco. (Ahluwalia, Mamta)
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28 28 respm Notice of Motion Tue 09/20 3:59 PM
NOTICE OF MOTION re Joint NOTICE OF MOTION AND MOTION to Certify Class Preliminary Approval 27 filed by Plaintiff Michael Monaco. Motion set for hearing on 10/17/2016 at 10:00 AM before Judge S. James Otero. (Ahluwalia, Mamta)
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27 27 motion Certify Class Action Tue 09/20 3:57 PM
Joint NOTICE OF MOTION AND MOTION to Certify Class Preliminary Approval filed by Plaintiff Michael Monaco. Motion set for hearing on 10/17/2016 at 10:00 AM before Judge S. James Otero. (Ahluwalia, Mamta)
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26 26 motion Appear Pro Hac Vice (G-64) Tue 09/20 3:32 PM
APPLICATION of Non-Resident Attorney Rachel M. Emens to Appear Pro Hac Vice on behalf of Plaintiff Michael Monaco (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18587318) filed by Plaintiff Michael Monaco. (Ahluwalia, Mamta)
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Att: 1 Proposed Order
25 25 motion Appear Pro Hac Vice (G-64) Tue 09/20 3:28 PM
APPLICATION of Non-Resident Attorney Donald W. Heyrich to Appear Pro Hac Vice on behalf of Plaintiff Michael Monaco (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18587060) filed by Plaintiff Michael Monaco. (Ahluwalia, Mamta)
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Att: 1 Proposed Ord er
24 24 notice Notice of Appearance or Withdrawal of Counsel (G-123) Tue 09/20 11:46 AM
Notice of Appearance or Withdrawal of Counsel: for attorney Mamta Ahluwalia counsel for Plaintiff Michael Monaco. Adding Mamta Ahluwalia as counsel of record for Michael Monaco for the reason indicated in the G-123 Notice. Filed by Plaintiff Michael Monaco. (Attorney Mamta Ahluwalia added to party Michael Monaco(pty:pla))(Ahluwalia, Mamta)
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Wednesday, September 07, 2016
23 23 order Order Wed 09/07 12:09 PM
ORDER GRANTING JOINT STIPULATION REGARDING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT22 by Judge S. James Otero: The Joint Motion for Preliminary Approval of Class Action Settlement shall be filed no later than Tuesday, September 20, 2016. The hearing on the Joint Motion for Preliminary Approval of Class Action Settlement shall be on Monday, October 17, 2016 at 10:00 a.m. 3. All other dates remain firm. (lc)
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Friday, September 02, 2016
22 22 misc Miscellaneous Document Fri 09/02 3:57 PM
Joint Stipulation Regarding Preliminary Approval of Class Action Settlement filed by Plaintiff Michael Monaco(Kalin, Kyann)
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Att: 1 Proposed Order
21 21 notice Settlement Fri 09/02 3:44 PM
NOTICE of Settlement filed by Jointly Michael Monaco. (Kalin, Kyann)
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Monday, June 06, 2016
20 20 order Amended Minutes Vacate ADR Referral Notice ~Util - Terminate Deadlines ~Util - Set/Reset Deadlines/Hearings Tue 06/07 12:13 PM
AMENDED MINUTES OF Scheduling Conference held before Judge S. James Otero19 :The Court Orders Plaintiff to file motion for class certification by 9/6/16; Opposition due by 9/19/16; Reply due 9/26/16; Hearing will be set Monday, October 17, 2016 10:00 a.m. The Court sets the following schedule:Jury Trial: Tuesday, March 28, 2017 9:00 a.m. Pretrial Conference: Monday, March 20, 2017 9:00 a.m. Motion Cutoff: Monday, January 30, 2017 10:00 a.m.Discovery Cutoff: Wednesday, December 28, 2016 Last Date to Amend: Wednesday, July 6, 2016. Reference of the above case to the Alternative Dispute Resolution Program is vacated. Settlement is referred to Private Mediation for all further proceedings.All discovery dispute to be brought before the Magistrate Judge assigned to the case; parties reminded of requirements of FRCP 26-1(a); counsel are advised all pretrial documents (as listed) must be filed in compliance with Courts Initial Standing order. (lc)
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19 19 minutes Scheduling Conference Mon 06/06 5:10 PM
MINUTES OF SCHEDULING CONFERENCE before Judge S. James Otero: Matter called.The Court Orders Plaintiff to file motion for class certification by 9/6/2016; Opposition due by 9/19/2016; Reply due 9/26/2016; hearing will be set Monday, 10/17/2016 at 10:00 AM. The Court sets the following schedule: Jury Trial: 3/28/2017 at 9:00 AM; Pretrial Conference: 3/20/2017 at 9:00 AM; Motion Cutoff: 1/30/2017 at 10:00 AM; Discovery cut-off: 12/28/2017; Last Date to Amend: 7/6/2016. Court Reporter: Carol Zurborg. (jp)
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18 18 notice Appearance Mon 06/06 2:41 PM
NOTICE of Appearance filed by attorney Karin Morgan Cogbill on behalf of Defendant D.A. Davidson Companies (Attorney Karin Morgan Cogbill added to party D.A. Davidson Companies(pty:dft))(Cogbill, Karin)
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Monday, May 23, 2016
17 17 misc Joint Report Rule 26(f) Discovery Plan Mon 05/23 3:29 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Plaintiff Michael Monaco.. (Kalin, Kyann)
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16 16 stip Extension of Time to File Document Mon 05/23 3:13 PM
First STIPULATION for Extension of Time to File File Motion for Class Certification filed by PLAINTIFF Michael Monaco.(Kalin, Kyann)
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Att: 1 Proposed Order
Thursday, April 07, 2016
15 15 order Initial Order Setting R26 Scheduling Conference - form only Thu 04/07 2:43 PM
ORDER SETTING SCHEDULING CONFERENCE by Judge S. James Otero. Rule 26 Meeting Report due by 5/23/2016. Scheduling Conference set for 6/6/2016 at 08:30 AM before Judge S. James Otero. (vcr)
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Tuesday, April 05, 2016
14 14 notice Certificate/Notice of Interested Parties Tue 04/05 3:49 PM
NOTICE of Interested Parties filed by Defendant D.A. Davidson Companies, identifying D.A. Davidson Companies. (Emmert, Benjamin)
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13 13 notice Deficiency in Electronically Filed Documents (G-112A) Tue 04/05 1:59 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: D.A. Davidson Companies Answer to Complaint12 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (lc)
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Monday, April 04, 2016
12 12 answer Answer to Complaint Mon 04/04 3:03 PM
ANSWER filed by Defendant D.A. Davidson Companies.(Emmert, Benjamin)
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Thursday, March 17, 2016
11 11 service Service of Summons and Complaint Returned Executed (21 days) Thu 03/17 2:18 PM
PROOF OF SERVICE Executed by Plaintiff Michael Monaco, upon Defendant D.A. Davidson Companies served on 2/29/2016, answer due 4/4/2016. Service of the Summons and Complaint were executed upon Gladys Agullera; Process Specialist in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Kalin, Kyann)
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Wednesday, March 16, 2016
10 10 stip Extending Time to Answer (30 days or less) Wed 03/16 4:31 PM
STIPULATION Extending Time to Answer the complaint as to D.A. Davidson Companies answer now due 4/4/2016, filed by Defendant D.A. Davidson Companies.(Attorney Benjamin A Emmert added to party D.A. Davidson Companies(pty:dft))(Emmert, Benjamin)
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Friday, February 26, 2016
9 9 order Initial Order upon Filing of Complaint - form only Fri 02/26 3:21 PM
INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (jy)
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Thursday, February 25, 2016
8 8 notice Certificate/Notice of Interested Parties Thu 02/25 12:51 PM
Certification and Notice of Interested Parties filed by Plaintiff Michael Monaco, (Kalin, Kyann)
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7 7 notice Deficiency in Attorney Case Opening Thu 02/25 11:58 AM
NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (vp)
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6 6 service Summons Issued (Attorney Civil Case Opening) Thu 02/25 11:55 AM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant D.A. Davidson Companies. (vp)
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5 5 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Thu 02/25 11:51 AM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (vp)
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4 4 notice Notice of Assignment to United States Judges (CV-18) - optional html form Thu 02/25 11:51 AM
NOTICE OF ASSIGNMENT to District Judge S. James Otero and Magistrate Judge David T. Bristow. (vp)
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Wednesday, February 24, 2016
3 3 notice Summons Request Wed 02/24 3:22 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 , Civil Cover Sheet (CV-71)2 filed by Plaintiff Michael Monaco. (Kalin, Kyann)
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2 2 misc Civil Cover Sheet (CV-71) Wed 02/24 3:20 PM
CIVIL COVER SHEET filed by Plaintiff Michael Monaco. (Kalin, Kyann)
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1 1 cmp Complaint (Attorney Civil Case Opening) Wed 02/24 3:16 PM
COMPLAINT Receipt No: 0973-17343564 - Fee: $400, filed by Plaintiff Michael Monaco. (Attorney Kyann C Kalin added to party Michael Monaco(pty:pla))(Kalin, Kyann)
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