Case: Gutierrez v. Schmid Insulation Contractors Inc.

08-cv-06010 | California state trial court

Filed Date: Oct. 13, 2006

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On October 13, 2006, a group of more than one thousand Latino construction workers who installed gutters, fireplaces, and insulation throughout California filed a class action lawsuit in the Superior Court of California, Los Angeles County, (assigned case number BC360357) against Schmid Insulation Contractors, Inc. and Masco Contractor Services, Inc. Plaintiffs alleged that their employers violated California state wage and hour laws by not paying them for all of the time they spent on the job…

On October 13, 2006, a group of more than one thousand Latino construction workers who installed gutters, fireplaces, and insulation throughout California filed a class action lawsuit in the Superior Court of California, Los Angeles County, (assigned case number BC360357) against Schmid Insulation Contractors, Inc. and Masco Contractor Services, Inc. Plaintiffs alleged that their employers violated California state wage and hour laws by not paying them for all of the time they spent on the job site and allegedly requiring workers to change their time cards.

Defendants removed the case to the United States District Court for the Central District of California on November 30, 2006. The District Court (Judge Dale S. Fischer) granted plaintiffs' motion to remand and sent the action back to the Superior Court of California, Los Angeles County on February 6, 2007.

In May 2007, the Mexican American Legal Defense and Educational Fund announced that it was joining the lawsuit on behalf of the plaintiff class.

On September 12, 2008, Defendants again removed the case to the United States District Court for the Central District of California.

On March 9, 2009, the District Court (Judge Fischer) approved an $8.5 million settlement agreement. The Court allocated 25% of the fund to class counsel for attorneys' fees, and up to $140,000.00 in costs. The Court also allocated $90,000.00 to the Settlement Administrators.

For the next two years, the Settlement Administrators attempted to seek reimbursement for costs above the $90,000.00 limit on administration costs imposed by Judge Fischer. A settlement was eventually reached, compensating the Administrators an additional $20,000.00 for their efforts.

Summary Authors

Dan Dalton (11/11/2007)

Dan Whitman (11/18/2014)

People


Judge(s)

Chooljian, Jacqueline (California)

Fischer, Dale S. (California)

Attorneys(s) for Plaintiff

Albutt, George P. (California)

Campins, Julia (California)

Cheng, Vincent (California)

Galbraith, George (California)

Gonzalves, Annabelle (California)

Jackson, Todd F. (California)

Lee, Bill Lann (California)

Limon, Gladys (California)

Judge(s)

Chooljian, Jacqueline (California)

Fischer, Dale S. (California)

Attorneys(s) for Plaintiff

Albutt, George P. (California)

Campins, Julia (California)

Cheng, Vincent (California)

Galbraith, George (California)

Gonzalves, Annabelle (California)

Jackson, Todd F. (California)

Lee, Bill Lann (California)

Limon, Gladys (California)

Ramirez, Nancy A. (California)

Sullivan, Mark F (California)

Taketa, Donn S (California)

Valenzuela, Cynthia Ann (California)

Villasenor, Joel R (California)

Worthman, Catha (California)

Attorneys(s) for Defendant

Bernard, Chad D. (California)

Farber, Mia (California)

Mathiason, Garry G (California)

Pritikin, Nancy E. (California)

Ross, Hillary R (California)

Wickham, Douglas A (California)

Documents in the Clearinghouse

Document

2:06-cv-07635

Docket [PACER]

Gutierrez v. Schmid Insulation Contractors Inc

U.S. District Court for the Central District of California

Sept. 26, 2007

Sept. 26, 2007

Docket

BC360357

State Court Docket (Superior Court, Los Angeles County)

Gutierrez v. Schmid Insulation Contractors, Inc.

Sept. 16, 2008

Sept. 16, 2008

Docket

08-cv-06010

BC360357

10-56379

Docket [PACER]

Gutierrez v. Schmid Insulation Contractors, Inc.

U.S. District Court for the Central District of California

June 13, 2012

June 13, 2012

Docket

MALDEF Press Release

Gutierrez v. Schmid Insulation Contractors

No Court

May 16, 2007

May 16, 2007

Press Release
1-7

08-cv-06010

First Amended Complaint for Damages

Gutierrez v. Schmid Insulation Contractors, Inc.

U.S. District Court for the Central District of California

Oct. 10, 2007

Oct. 10, 2007

Complaint
27-3

08-cv-06010

Settlement Agreement

Gutierrez v. Schmid Insulation Contractors, Inc.

U.S. District Court for the Central District of California

Oct. 27, 2008

Oct. 27, 2008

Settlement Agreement
30

08-cv-06010

Order Granting Motion for Preliminary Approval of Class Action Settlement and Class Certification

Gutierrez v. Schmid Insulation Contractors, Inc.

U.S. District Court for the Central District of California

Nov. 17, 2008

Nov. 17, 2008

Order/Opinion
54

08-cv-06010

Order Approving Attorneys' Fees and Reimbursement of Costs and Expenses

Gutierrez v. Schmid Insulation Contractors, Inc.

U.S. District Court for the Central District of California

March 9, 2009

March 9, 2009

Order/Opinion
55

08-cv-06010

Order Finally Approving Class Action Settlement and Plan of Distribution; Entering Final Judgment; Approving Service Payment to Named Plaintiffs; Approving the Payment of Reasonable Costs to the Claims Administrator; and Reserving Jurisdiction

Gutierrez v. Schmid Insulation Contractors, Inc.

U.S. District Court for the Central District of California

March 9, 2009

March 9, 2009

Order/Opinion
77-1

08-cv-06010

Stipulation and Proposed Order Regarding Settlement Agreement (of Settlement Administrators' Costs)

Gutierrez v. Schmid Insulation Contractors, Inc.

U.S. District Court for the Central District of California

April 5, 2012

April 5, 2012

Order/Opinion

Resources

Docket

Last updated Aug. 1, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link

CONFORMED COPY OF ANSWER to Complaint re Notice of Removal, [1] filed in state court on 11/30/06 by defendant Schmid Insulation Contractors Inc esa Masco Contractor Services Inc.(rrey, ) (Entered: 12/06/2006)

Nov. 30, 2006

Nov. 30, 2006

2

CERTIFICATION AS TO Interested Parties filed by Defendant Schmid Insulation Contractors Inc. (rrey, ) (Entered: 12/06/2006)

Nov. 30, 2006

Nov. 30, 2006

3

DECLARATION of Jeff Kruse in support of Notice of Removal, [1] filed by Defendant Schmid Insulation Contractors Inc. (rrey, ) (Entered: 12/06/2006)

Nov. 30, 2006

Nov. 30, 2006

4

NOTICE of Related Case(s) filed by defendant Schmid Insulation Contractors Inc. Related Case(s): none (rrey, ) (Entered: 12/06/2006)

Nov. 30, 2006

Nov. 30, 2006

5

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(rrey, ) (Entered: 12/06/2006)

Nov. 30, 2006

Nov. 30, 2006

FAX number for Attorney Hillary R Ross is 310-553-5583. (rrey, ) (Entered: 12/06/2006)

Nov. 30, 2006

Nov. 30, 2006

FAX number for Attorney Garry G Mathiason is 415-399-8490. (rrey, ) (Entered: 12/06/2006)

Nov. 30, 2006

Nov. 30, 2006

FAX number for Attorney Mark F Sullivan, Donn S Taketa, Joel R Villasenor is 818-889-4497. (rrey, ) (Entered: 12/06/2006)

Nov. 30, 2006

Nov. 30, 2006

8

NOTICE to Plaintiff of Filing of Removal of Civil Action to Federal Court from State Court filed by Defendants Schmid Insulation Contractors Inc, Masco Contractor Services Inc. (ir, ) (Entered: 12/15/2006)

Dec. 1, 2006

Dec. 1, 2006

9

DECLARATION of Douglas A Wickham in support of Removal [1] filed by Defendants Schmid Insulation Contractors Inc, Masco Contractor Services Inc. (ir, ) (Entered: 12/15/2006)

Dec. 1, 2006

Dec. 1, 2006

10

PROOF OF SERVICE filed by Defendants Schmid Insulation Contractors Inc, Masco Contractor Services Inc of Notice of Removal [1], Certificate of Interested Parties [2], Notice of Related Case(s)[4] was served on 12/1/06. (ir, ) (Entered: 12/15/2006)

Dec. 1, 2006

Dec. 1, 2006

6

STANDING ORDER for Cases Assigned to Judge Dale S. Fischer: Read this Order carefully. It controls this case and differs in some respects from the Local Rules. Counsel for Plaintiff shall immediately serve this Order on all parties, including any new parties to the action. If this case was removed from State Court, the Defendant who removed the case shall serve this Order on all other parties. (See document for further details.)(pcl, ) (Entered: 12/06/2006)

Dec. 4, 2006

Dec. 4, 2006

7

ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer: Scheduling Conference set for 2/12/2007 at 11:00 AM. Parties are reminded of their obligations under Rule 26(a)(1) of the FRCP to disclose information and to confer on a discovery plan not later than 21 days before the scheduling conference and to file a Joint Rule 26(f) Report with the Court not later than 14 days before the conference. Courtesy copies of the Joint Rule 26(f) Report and ADR Pilot Program Questionnaire are to be delivered to the tray located in the hallway outside Judge Fischers Chambers. Failure to comply with the following requirements or to cooperate in the preparation of the Joint Rule 26(f) Report may lead to the imposition of sanctions. (See document for further details)(pcl, ) (Entered: 12/06/2006)

Dec. 4, 2006

Dec. 4, 2006

11

NOTICE OF MOTION AND MOTION to Remand Case to State Court; memorandum of points and authorities in support of motion, filed by plaintiffs Daniel A Gutierrez, Arturo Navarrete. Motion set for hearing on 1/29/2007 at 01:30 PM before Judge Dale S. Fischer. Lodged Proposed Order. (gg, ) (Entered: 01/18/2007)

Jan. 3, 2007

Jan. 3, 2007

12

DECLARATION of Mark F Sullivan in support of MOTION to Remand Case to State Court [11], filed by plaintiffs Daniel A Gutierrez, Arturo Navarrete. (gg, ) (Entered: 01/18/2007)

Jan. 3, 2007

Jan. 3, 2007

14

MEMORANDUM OF POINTS AND AUTHORITIES in Support of Opposition to Plaintiffs MOTION to Remand Case to State Court [11] filed by defendant Schmid Insulation Contractors Inc. (jp) (Entered: 01/25/2007)

Jan. 12, 2007

Jan. 12, 2007

15

EVIDENTIARY OBJECTIONS filed by Defendant sCHMID iNSULATION contractors Inc erroneously sued as Masco Contractor Services Inc. (jp) (Entered: 01/25/2007)

Jan. 12, 2007

Jan. 12, 2007

16

DECLARATION of KATHLEEN PHOENIX in support of Defendant Opposition to Plaintiffs MOTION to Remand Case to State Court [11] filed by defendant Schmid Insulation Contractors Inc, erroneously sued as Masco Contractor Services Inc. (jp) (Entered: 01/25/2007)

Jan. 12, 2007

Jan. 12, 2007

17

DECLARATION of IRENE TASI in support of Defendant Opposition to Plaintiffs MOTION to Remand Case to State Court [11] filed by defendant Schmid Insulation Contractors Inc, erroneously sued as Masco Contractor Services Inc. (jp) (Entered: 01/25/2007)

Jan. 12, 2007

Jan. 12, 2007

18

REPLY in Support of MOTION to Remand [11] filed by plaintiffs Daniel A Gutierrez, Arturo Navarrete. (pcl, ) (Entered: 01/29/2007)

Jan. 22, 2007

Jan. 22, 2007

19

RESPONSE to Evidentiary Objections [11] filed by plaintiffs Daniel A Gutierrez, Arturo Navarrete. (pcl, ) (Entered: 01/29/2007)

Jan. 22, 2007

Jan. 22, 2007

13

MINUTES (IN CHAMBERS) Judge Dale S. Fischer: The Court continues Plaintiffs MOTION to Remand Case to State Court [11] from 1/29/2007 to 2/5/2007 at 1:30 PM. Court Reporter: None. (pcl, ) (Entered: 01/24/2007)

Jan. 23, 2007

Jan. 23, 2007

21

NOTICE of Continuance of Plaintiff's Motion for Remand [11] filed by Plaintiffs Daniel A Gutierrez, Arturo Navarrete Motion reset for hearing on 2/5/2007 at 01:30 PM before Judge Dale S. Fischer. (shb, ) (Entered: 02/06/2007)

Jan. 26, 2007

Jan. 26, 2007

20

MINUTES OF Motion Hearing held before Judge Dale S. Fischer RE: MOTION to Remand Case to State Court [11]. Court hears oral argument and takes the motion under submission. Written order will issue. Court Reporter: pam seijas. (sae) (Entered: 02/06/2007)

Feb. 5, 2007

Feb. 5, 2007

22

MINUTE (IN CHAMBERS) ORDER GRANTING Plaintiffs Motion to Remand Case to State Court [11] by Judge Dale S. Fischer: Plaintiffs Motion is GRANTED and this action is REMANDED to the Superior Court of California, Los Angeles County, (case number BC360357.) (See document for further details.) (Made JS-6. Case Terminated.) Court Reporter: Not Present. (pcl, ) (Entered: 02/06/2007)

Feb. 5, 2007

Feb. 5, 2007

TRANSMITTAL of documents: Certified copy of Order of Remand, of Docket Sheet, and Form CV 103 sent to the Superior Court of California, Los Angeles County; their case number is BC360357. (pcl, ) (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

23

NOTICE of Court Order filed by plaintiffs Daniel A Gutierrez, Arturo Navarrete. (pcl, ) (Entered: 02/15/2007)

Feb. 8, 2007

Feb. 8, 2007

24

NOTICE OF LODGING Original Signature re Declaration of Jeff Kruse in support of Defendant Masco Services Group Corp's Notice of Removal filed by defendant Masco Contractor Services Inc. (vm) (Entered: 10/04/2007)

Sept. 26, 2007

Sept. 26, 2007

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 13, 2006

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Settlement Class: All persons who are employed or have been employed by Defendants Western or by Schmid as installers in the construction field in California to install building products between October 13, 2002, through September 30, 2008.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Schmid Insulation Contractors Inc., Private Entity/Person

Masco Contractor Services Inc., Private Entity/Person

Case Details

Causes of Action:

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: Between $8.5 and 9 millio

Issues

General:

Staff (number, training, qualifications, wages)

Immigration/Border:

Employment

National Origin/Ethnicity:

Hispanic