Case: Morales v. Terra Universal Inc.

2:10-cv-06490 | U.S. District Court for the Central District of California

Filed Date: Aug. 31, 2010

Closed Date: April 22, 2011

Clearinghouse coding complete

Case Summary

On August 31, 2010, hourly employees filed a lawsuit in the U.S. District Court for the Central District of California against their employer and its owner/president for violating various federal and state employment and non-discrimination statutes including the Fair Labor Standards Act ("FLSA"). Specifically, plaintiffs claimed that defendants failed to pay required minimum and overtime wages, to pay in a timely manner, and to provide accurate wage statements. Plaintiffs also alleged that thei…

On August 31, 2010, hourly employees filed a lawsuit in the U.S. District Court for the Central District of California against their employer and its owner/president for violating various federal and state employment and non-discrimination statutes including the Fair Labor Standards Act ("FLSA"). Specifically, plaintiffs claimed that defendants failed to pay required minimum and overtime wages, to pay in a timely manner, and to provide accurate wage statements. Plaintiffs also alleged that their employer discriminated against them on the basis of their race and/or alienage by paying them less, failing to pay them overtime, and depriving them of other employment benefits. In addition, plaintiffs accused defendant of committing unfair business practices and fraud.

An amended complaint was filed on March 30, 2011, and only maintained the claims under the FLSA and the California Labor Code. The amended complaint did not mention discrimination or plaintiffs' immigration status. Plaintiffs, represented by attorneys at the ACLU of Southern California and private counsel, sought class certification, damages, and injunctive and declaratory relief.

According to plaintiffs, defendants required them to work as many as fourteen hours a day without compensating them with mandatory overtime pay. Plaintiffs allege that the defendants created two fraudulent schemes to evade paying plaintiffs the required overtime.

On January 28, 2011, the District Court (Judge Percy Anderson) ordered the parties to a settlement conference, but no settlement was reached.

On April 18, 2011, the court dismissed the FLSA claims without prejudice per the plaintiffs' submitted stipulation. The parties dismissed the claims to enable plaintiffs to participate in a civil action filed by the U.S. Secretary of the Department of Labor against defendants for FLSA violations. On April 22, 2011, the court declined to exercise supplemental jurisdiction over plaintiffs' state law claims because all claims over which the court had original jurisdiction had been dismissed.

Summary Authors

Jennifer Bronson (10/6/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5802598/parties/andres-morales-v-terra-universal-inc/


Judge(s)

Anderson, Percy (California)

Segal, Suzanne H. (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bilford, Brian Jeffrey (California)

Dai, Cornelia (California)

Kaufman, Michael Bryan (California)

Leung, Victor (California)

Pasquarella, Jennifer (California)

Renick, Randall R. (California)

Villagra, Hector O. (California)

Judge(s)

Anderson, Percy (California)

Segal, Suzanne H. (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bilford, Brian Jeffrey (California)

Dai, Cornelia (California)

Kaufman, Michael Bryan (California)

Leung, Victor (California)

Pasquarella, Jennifer (California)

Renick, Randall R. (California)

Villagra, Hector O. (California)

Attorneys(s) for Defendant

Costanzo, Sally S (California)

Gerard, Robert Joseph Jr. (California)

Scalero, Jeanine Antoinette (California)

Expert/Monitor/Master

Polsky, Alexander S. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

April 22, 2011 Docket
1

Class Action Complaint for Damages, Declaratory, and Injunctive Relief

Aug. 31, 2010 Complaint
76

First Amended Class Action Complaint for Damages, Declaratory and Injunctive Relief

March 30, 2011 Complaint
92

Order Re: Stipulation to Dismiss Plaintiffs' Claims for Violations of the Fair Labor Standards Act

Morales v. Terra Universal, Inc.

April 18, 2011 Order/Opinion
94

In Chambers - Court Order

Morales v. Terra Universal, Inc.

April 22, 2011 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5802598/andres-morales-v-terra-universal-inc/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against Defendants Does 1-10, inclusive, George Sadaghiani, Terra Universal, Inc. Case assigned to Judge Percy Anderson for all further proceedings. Discovery referred to Magistrate Judge Suzanne H. Segal.(Filing fee $ 350: PAID) Jury Demanded., filed by plaintiffs Andres Morales, Juan Miguel Real, Hugo Alcantar Fernandez, Osfel Andrade.(ghap) (Additional attachment(s) added on 9/2/2010: # 1 Ntc of Asgmt, # 2 Summons, # 3 Summons) (mg). (Entered: 09/02/2010)

Aug. 31, 2010 PACER

21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Does 1-10, inclusive, George Sadaghiani, Terra Universal, Inc. (ghap)

Aug. 31, 2010 PACER
2

NOTICE of Interested Parties filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (ghap) (mg). (Entered: 09/02/2010)

Aug. 31, 2010 PACER
3

NOTICE of Related Case(s) filed by plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. Related Case(s): no related cases. (ghap) (mg). (Entered: 09/02/2010)

Aug. 31, 2010 PACER
4

STANDING ORDER by Judge Percy Anderson: This action has been assigned to the calendar of Judge Percy Anderson. All counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. See document for further details. (gk) (Entered: 09/07/2010)

Sept. 2, 2010 PACER
5

PROOF OF SERVICE Executed by Plaintiff Andres Morales, Juan Miguel Real, Hugo Alcantar Fernandez, Osfel Andrade, upon Defendant George Sadaghiani served on 9/3/2010, answer due 9/24/2010. Service of the Summons and Complaint were executed upon Irma Interiano, Employee - Human Resources Manager in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Pasquarella, Jennifer) (Entered: 09/08/2010)

Sept. 8, 2010 PACER
6

PROOF OF SERVICE Executed by Plaintiff Andres Morales, Juan Miguel Real, Hugo Alcantar Fernandez, Osfel Andrade, upon Defendant Terra Universal, Inc. served on 8/31/2010, answer due 9/21/2010. Service of the Summons and Complaint were executed upon Adriana Lara - Employee, Authorized to accept Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Pasquarella, Jennifer) (Entered: 09/08/2010)

Sept. 8, 2010 PACER
7

NOTICE Plaintiffs' Written Consent to Become Parties to Action filed by plaintiff Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (Attachments: # 1 Named Plaintiff Consent Forms, # 2 Proof of Service by Mail)(Pasquarella, Jennifer) (Entered: 09/08/2010)

Sept. 8, 2010 PACER
8

PROOF OF SERVICE filed by plaintiff Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real, re Order, 4 served on 9/14/2010. (Pasquarella, Jennifer) (Entered: 09/14/2010)

Sept. 14, 2010 PACER
9

FIRST STIPULATION Extending Time to Answer the complaint as to Terra Universal, Inc. answer now due 10/21/2010; George Sadaghiani answer now due 10/25/2010, filed by Defendants Terra Universal, Inc.; George Sadaghiani. (Attachments: # 1 Proposed Order)(Gerard, Robert) (Entered: 09/20/2010)

Sept. 20, 2010 PACER
10

ORDER granting First Stipulation Extending Time to Answer: Defendant Terra Universal, Inc. shall have up to and including October 21, 2010 to file a response to Plaintiffs' Complaint. Defendant George Sadaghiani shall have up to and including October 25, 2010 to file a response to Plaintiffs' Complaint 9, by Judge Percy Anderson (bp) (Entered: 09/30/2010)

Sept. 29, 2010 PACER
11

First STIPULATION to Transfer Case to United States District Court, Central District of California filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Attachments: # 1 Proposed Order)(Gerard, Robert) (Entered: 09/30/2010)

Sept. 30, 2010 PACER
12

DENIED BY ORDER of Judge Percy Anderson, re Stipulation to Transfer Case to the Southern Division of the Central District 11 . (gk) (Entered: 10/01/2010)

Oct. 1, 2010 PACER
13

ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant Terra Universal, Inc..(Gerard, Robert) (Entered: 10/21/2010)

Oct. 21, 2010 PACER
14

Disclosure Statement filed by Defendant Terra Universal, Inc. (Gerard, Robert) (Entered: 10/21/2010)

Oct. 21, 2010 PACER
15

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint 13 . The following error(s) was found: Local Rule 7.1-1 No Certification 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. (vh) (Entered: 10/22/2010)

Oct. 22, 2010 PACER
16

CERTIFICATE of Interested Parties filed by Defendant Terra Universal, Inc., identifying Terra Universal, Inc. and George Sadaghiani. (Gerard, Robert) (Entered: 10/22/2010)

Oct. 22, 2010 PACER
19

SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] by Judge Percy Anderson: Scheduling Conference set for 12/13/2010 10:30 AM before Judge Percy Anderson. Counsel shall meet at least 21 days in advance of the Scheduling Conference to prepare a jointly signed report for the court to be submitted no less than 14 days before the Scheduling Conference. (gk) (Entered: 10/25/2010)

Oct. 22, 2010 PACER
17

ANSWER TO PLAINTIFF'S COMPLAINT filed by Defendant George Sadaghiani.(Gerard, Robert) (Entered: 10/25/2010)

Oct. 25, 2010 PACER
18

CERTIFICATE of Interested Parties filed by Defendant George Sadaghiani, identifying Terra Universal, Inc.; George Sadaghiani. (Gerard, Robert) (Entered: 10/25/2010)

Oct. 25, 2010 PACER
20

NOTICE of Change of Attorney Information for attorney Jennifer L Pasquarella counsel for Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real.Victor Leung is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by plaintiff Andres Morales, Juan Miguel Real, Hugo Alcantar Fernandez, Osfel Andrade (Pasquarella, Jennifer) (Entered: 11/23/2010)

Nov. 23, 2010 PACER
21

NOTICE of Change of Attorney Information for attorney Jennifer L Pasquarella counsel for Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. Adding Michael Kaufman as attorney as counsel of record for Andres Morales, Juan Miguel Real, Hugo Alcantar Fernandez, Osfel Andrade for the reason indicated in the G-06 Notice. Filed by plaintiff Andres Morales, Juan Miguel Real, Hugo Alcantar Fernandez, Osfel Adrade (Pasquarella, Jennifer) (Entered: 11/23/2010)

Nov. 23, 2010 PACER
22

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Information (G-06) 21, Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06) 20 . The following error(s) was found: Judges' initials are lacking on case number. 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. (vh) (Entered: 11/23/2010)

Nov. 23, 2010 PACER
23

NOTICE of Change of Attorney Information for attorney Hector O Villagra counsel for Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real.Hector O. Villagra is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by plaintiff Andres Morales, Juan Miguel Real, Hugo Alcantar Fernandez, Osfel Andrade (Villagra, Hector) (Entered: 11/29/2010)

Nov. 29, 2010 PACER
24

NOTICE of Change of Attorney Information for attorney Jennifer L Pasquarella counsel for Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. Adding Ahilan Arulanantham as attorney as counsel of record for Andres Morales, Juan Miguel Real, Hugo Alcantar Fernandez, Osfel Andrade for the reason indicated in the G-06 Notice. Filed by plaintiff Andres Morales, Juan Miguel Real, Hugo Alcantar Fernandez, Osfel Andrade (Pasquarella, Jennifer) (Entered: 11/29/2010)

Nov. 29, 2010 PACER
25

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 weeks, filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real.. (Attachments: # 1 Exhibit ADR Settlement Procedure Request & Notice, # 2 Proposed Order Proposed Order for ADR Settlement Proc Request)(Dai, Cornelia) (Entered: 11/29/2010)

Nov. 29, 2010 PACER
26

NOTICE OF MOTION AND MOTION to Certify Class Action filed by Plaintiff Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. Motion set for hearing on 1/3/2011 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Proposed Order Proposed Order)(Renick, Randall) (Entered: 11/29/2010)

Nov. 29, 2010 PACER
27

DECLARATION of Jennifer Pasquarella in support of MOTION to Certify Class Action 26 filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (Renick, Randall) (Entered: 11/29/2010)

Nov. 29, 2010 PACER
28

DECLARATION of Randy Renick in Support of MOTION to Certify Class Action 26 filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (Renick, Randall) (Entered: 11/30/2010)

Nov. 30, 2010 PACER
29

REQUEST FOR JUDICIAL NOTICE re MOTION to Certify Class Action 26 filed by Plaintiff Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (Renick, Randall) (Entered: 11/30/2010)

Nov. 30, 2010 PACER
30

COMPENDIUM OF EVIDENCE IN SUPPORT OF NOTICE OF MOTION AND MOTION FOR CLASS ACTION CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF re MOTION to Certify Class Action 26 filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (Attachments: # 1 Declaration Declarations and Exhibits, # 2 Declaration Declarations and Exhibits, # 3 Declaration Declarations)(Renick, Randall) (Entered: 11/30/2010)

Nov. 30, 2010 PACER
31

NOTICE OF ERRATA filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. correcting Declaration (Motion related) 28 Re: Declaration of Randy Renick in Support of Plaintiffs' Motion to Certify Class (Renick, Randall) (Entered: 11/30/2010)

Nov. 30, 2010 PACER
32

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Rule 26(f) Report filed 11/29/2010 25 . The following error(s) was found: Settlement Procedure Selection: Request and Notice (Form ADR-01) submitted as a separate PDF attachment to this entry, and should have been docketed separately. 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. (gk) (Entered: 12/02/2010)

Dec. 1, 2010 PACER
33

NOTICE of Service of FRCP 26(a) Initial Disclosure filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Gerard, Robert) (Entered: 12/06/2010)

Dec. 6, 2010 PACER
34

NOTICE of Service of FRCP 26(a) Initial Disclosure filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (Renick, Randall) (Entered: 12/06/2010)

Dec. 6, 2010 PACER
35

MINUTES - IN CHAMBERS by Judge Percy Anderson: The Court, on its own motion, orders Plaintiffs to show cause in writing why the class action allegations on the Fair Labor Standards Act claim should not be stricken for failure to timely file a motion for class certification. Plaintiffs' response to the order to show cause shall be filed by 12/20/2010. Defendants' response shall be filed by 12/30/2010. The Scheduling Conference is continued to 1/3/2011 01:30 PM before Judge Percy Anderson. Court Reporter: Not Reported. (gk) (Entered: 12/09/2010)

Dec. 9, 2010 RECAP
36

OPPOSITION opposition to re: MOTION to Certify Class Action 26 filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Gerard, Robert) (Entered: 12/13/2010)

Dec. 13, 2010 PACER
37

DECLARATION of George Sadaghiani in opposition to MOTION to Certify Class Action 26 filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Gerard, Robert) (Entered: 12/13/2010)

Dec. 13, 2010 PACER
38

DECLARATION of Jeanine Scalero in opposition to MOTION to Certify Class Action 26 filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Gerard, Robert) (Entered: 12/13/2010)

Dec. 13, 2010 PACER
39

OBJECTIONS in opposition to re: MOTION to Certify Class Action 26 Objections to Evidence filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Gerard, Robert) (Entered: 12/13/2010)

Dec. 13, 2010 PACER
40

REQUEST FOR JUDICIAL NOTICE in Opposition to Motion for Class Certification filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Gerard, Robert) (Entered: 12/13/2010)

Dec. 13, 2010 PACER
41

RESPONSE filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Realto Minutes of In Chambers Order/Directive - no proceeding held, Order to Show Cause, Set/Reset Hearing,,,,,, 35 Response to Order to Show Cause Re: Why FLSA Claims for a Collective Action Should Proceed (Renick, Randall) (Entered: 12/20/2010)

Dec. 20, 2010 PACER
42

RESPONSE filed by Plaintiffs Osfel Andrade, Andres Morales, Juan Miguel Realto Request for Judicial Notice 40 Plaintiffs' Opposition to Request for Judicial Notice (Renick, Randall) (Entered: 12/20/2010)

Dec. 20, 2010 PACER
43

REPLY in Support of MOTION to Certify Class Action 26 Reply in Support of Motion for Class Action Certification filed by Plaintiffs Osfel Andrade, Andres Morales, Juan Miguel Real. (Renick, Randall) (Entered: 12/20/2010)

Dec. 20, 2010 PACER
44

DECLARATION of Cornelia Dai in Support of MOTION to Certify Class Action 26 Declaration of Cornelia Dai and Exhibits in Support of Reply for Class Action Certification Motion filed by Plaintiffs Osfel Andrade, Andres Morales, Juan Miguel Real. (Attachments: # 1 Exhibit Exhibits 1 - 6)(Renick, Randall) (Entered: 12/20/2010)

Dec. 20, 2010 PACER
45

DECLARATION of Maria Stroud in Support of MOTION to Certify Class Action 26 Supplemental Declaration of Maria Stroud in Support of Motion for Class Action Certification filed by Plaintiffs Osfel Andrade, Andres Morales, Juan Miguel Real. (Renick, Randall) (Entered: 12/20/2010)

Dec. 20, 2010 PACER
46

DECLARATION of Mary Cervantez in Support of MOTION to Certify Class Action 26 Supplemental Declaration of Mary Cervantez in Support of Motion for Class Action Certification filed by Plaintiffs Osfel Andrade, Andres Morales, Juan Miguel Real. (Renick, Randall) (Entered: 12/20/2010)

Dec. 20, 2010 PACER
47

DECLARATION of Jennifer Pasquarella in Support of MOTION to Certify Class Action 26 Supplemental Declaration of Jennifer Pasquarella in Support of Reply for Motion for Class Action Certification filed by Plaintiffs Osfel Andrade, Andres Morales, Juan Miguel Real. (Renick, Randall) (Entered: 12/20/2010)

Dec. 20, 2010 PACER
48

DECLARATION of Ricardo Acevedo in Support of MOTION to Certify Class Action 26 Supplemental Declaration of Ricardo Acevedo in Support of Motion for Class Action Certification filed by Plaintiffs Osfel Andrade, Andres Morales, Juan Miguel Real. (Renick, Randall) (Entered: 12/20/2010)

Dec. 20, 2010 PACER
49

RESPONSE filed by Plaintiffs Osfel Andrade, Andres Morales, Juan Miguel Realto Objection/Opposition (Motion related) 39 Plaintiffs' Responses to Defendants Objections in Evidence (Renick, Randall) (Entered: 12/20/2010)

Dec. 20, 2010 PACER
50

OBJECTIONS to Declaration (Motion related) 37 Plaintiffs' Evidentiary Objections to the Declaration of George Sadahiani filed by Plaintiffs Osfel Andrade, Andres Morales, Juan Miguel Real. (Renick, Randall) (Entered: 12/20/2010)

Dec. 20, 2010 PACER
51

MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The Court hereby continues the Scheduling Conference and hearing on Plaintiffs' MOTION 26 for Class Certification from 1/3/2011 to 1/10/2011 at 1:30 PM before Judge Percy Anderson. (vdr) (Entered: 12/29/2010)

Dec. 29, 2010 PACER
52

RESPONSE filed by Defendants George Sadaghiani, Terra Universal, Inc.to Minutes of In Chambers Order/Directive - no proceeding held, Order to Show Cause, Set/Reset Hearing,,,,,, 35 (Gerard, Robert) (Entered: 12/30/2010)

Dec. 30, 2010 PACER
53

MINUTE ORDER IN CHAMBERS by Judge Percy Anderson Re: MOTION 26 to Certify Class Action. To assist the Court in ruling on this Motion the Court orders further briefing. Defendants are ordered to address: Which, if any, of the bonus plans that Defendants mentioned in their Opposition were the named plaintiffs Andres Morales, Juan Miguel Real, Hugo Alcantar Fernandez, and Osfel Andrade compensated under; and For each bonus plan under which a named plaintiff was compensated, how many other hourly non-exempt employees were compensated under that bonus plan during the alleged class period. Defendants are directed to file their brief no later than 1/15/2011. Plaintiffs may file a response no later than 1/25/2011. The hearing on the Motion to Certify Class Action and the Scheduling Conference are continued from 1/10/2011 to 1/31/2011 at 1:30 p.m. (vdr) (Entered: 01/05/2011)

Jan. 5, 2011 PACER
54

SUPPLEMENT BRIEF RE BONUS PLANS filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Gerard, Robert) (Entered: 01/14/2011)

Jan. 14, 2011 PACER
55

STIPULATION to Continue Hearing on Class Certification Motion and Scheduling Conference from 01-31-11 to 03-07-11 filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Attachments: # 1 Proposed Order)(Gerard, Robert) (Entered: 01/25/2011)

Jan. 25, 2011 PACER
56

RESPONSE filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Realto Supplement(Motion related) 54 to Defendants' Supplemental Brief Re Bonus Plans (Dai, Cornelia) (Entered: 01/25/2011)

Jan. 25, 2011 PACER
57

DECLARATION re Response (non-motion) 56 Declaration of Cornelia Dai and Exhibits in Support of Response to Defendants' Supplemental Brief Re Bonus Plans filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (Dai, Cornelia) (Entered: 01/25/2011)

Jan. 25, 2011 PACER
58

OBJECTIONS to Supplement(Motion related) 54 Evidentiary Objections to Declaration of George Sadaghiani filed in support of Defendants' Supplemental Brief Re Bonus Plans filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (Dai, Cornelia) (Entered: 01/25/2011)

Jan. 25, 2011 PACER
59

ORDER TO CONTINUE HEARING ON CLASS CERTIFICATION MOTION AND SCHEDULING CONFERENCE by Judge Percy Anderson: Upon Stipulation 55, The hearing on Plaintiff's Motion to Certify Class Action 26 and the Scheduling Conference are continued to 3/7/2011 01:30 PM before Judge Percy Anderson. (gk) (Entered: 01/26/2011)

Jan. 26, 2011 PACER
60

MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: The Court has received the parties' joint 26(f) report and finds that a scheduling conference is not necessary. The scheduling conference currently on calendar for 3/7/2011 at 1:30 PM is hereby vacated, and the matter taken off calendar. The Court refers the parties to the Attorney Settlement Officer Panel for a Local Civil Rule 16-15 Settlement Conference. Within ten days, the parties shall: obtain the consent of the Attorney Settlement Officer who will conduct the settlement conference; notify the ADR Program Office of the consent; and file form ADR-2, Stipulation Regarding Selection of Attorney Settlement Officer. Jury Trial set for 1/17/2012 09:00 AM before Judge Percy Anderson. File Final Trial Exhibit Stipulation 1/12/2012. Hearing on Motions in Limine and Hearing on Disputed Jury Instructions at 1:30 PM 1/9/2012. Final Pretrial Conference set for 12/16/2011 01:30 PM before Judge Percy Anderson. Motions in Limine to be filed by 12/16/2011. Proposed Voir Dire Questions & Agreed-to Statement of Case 12/16/2011. Lodge Pretrial Conference Order & Pretrial Exhibit Stipulation due by 12/2/2011. File Contentions of Fact & Law 12/2/2011. Exhibit List due by 12/2/2011. Witness List due by 12/2/2011. File Status Report Regarding Settlement by 12/2/2011. File Agreed Upon Set of Instructions & Verdict Forms and File Joint Statement Regarding Disputed Instructions, Verdicts, etc. 12/2/2011. Last date to conduct settlement conference is 11/21/2011. Last Day for Hearing Motions 11/14/2011. Discovery cut-off 11/7/2011. Last Day for Hearing on Motion to Amend Pleadings or Add Parties 3/7/2011. Court Reporter: Not Reported. (gk) (Entered: 01/28/2011)

Jan. 28, 2011 PACER
61

STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that Alexander S. Polsky may serve as Attorney Settlement Officer for Settlement Proceedings The Plaintiff obtained the consent of the Attorney Settlement Officer. Filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real(Renick, Randall) (Entered: 02/07/2011)

Feb. 7, 2011 PACER
62

NOTICE OF ASSIGNMENT of Attorney Settlement Officer. Alexander Polsky has been assigned to serve as Attorney Settlement Officer. (mb) (Entered: 02/15/2011)

Feb. 15, 2011 PACER
63

STIPULATION to Continue Hearing on Class Certification Motion from March 7, 2011 to May 23, 2011 filed by Plaintiff Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (Attachments: # 1 Proposed Order [Proposed] Order Granting Stipulation to Continue Hearing on Class Action Certification)(Dai, Cornelia) (Entered: 02/24/2011)

Feb. 24, 2011 PACER
64

ORDER GRANTING STIPULATION 63 TO CONTINUE HEARING ON CLASS ACTION CERTIFICATION by Judge Percy Anderson. The hearing on Plaintiffs' Motion to Certify Class Action currently set for 3/7/2011 is continued to 4/4/2011 at 1:30 PM. (vdr) (Entered: 03/03/2011)

March 3, 2011 PACER
65

STIPULATION to Amend Complaint - (Discovery), Complaint - (Discovery) 1 filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (Attachments: # 1 Proposed Order, # 2 First Amended Class Action Complaint for Damages, Declaratory and Injunctive Relief)(Renick, Randall) (Entered: 03/24/2011)

March 24, 2011 PACER
66

STIPULATION to Continue Class Certification Hearing from 04/04/2011 to 04/11/2011 Re: Order, Set/Reset Motion Hearing and R&R Deadlines 64 filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (Attachments: # 1 Proposed Order)(Renick, Randall) (Entered: 03/24/2011)

March 24, 2011 PACER
67

ORDER by Judge Percy Anderson, re Stipulation to Continue 66 . The hearing on Plaintiff's Motion 26 to Certify Class Action currently set for 4/4/2011, is continued to 4/11/2011 at 1:30 PM. (vdr) (Entered: 03/28/2011)

March 28, 2011 PACER
68

NOTICE OF MOTION AND MOTION to Certify FLSA Collective Action filed by Plaintiff Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. Motion set for hearing on 4/25/2011 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Proposed Order, # 2 Exhibit Ex. A to proposed order, # 3 Exhibit Ex. B to proposed order)(Renick, Randall) (Entered: 03/28/2011)

March 28, 2011 PACER
69

EXHIBIT Compendium of Evidence - Volume A to MOTION to Certify FLSA Collective Action 68 filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (Attachments: # 1 Declaration of Named Plaintiffs, # 2 Declaration of Class Members, # 3 Declaration of Translators, # 4 Declaration of Randy Renick and Exhs 1-4, # 5 Declaration of Jennifer Pasquarella and Exh A)(Renick, Randall) (Entered: 03/28/2011)

March 28, 2011 PACER
70

EXHIBIT Compendium of Evidence - Volume B to MOTION to Certify FLSA Collective Action 68 filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (Attachments: # 1 Declaration Declaration of Cornelia Dai, # 2 Exhibit Exhs. 1-6 to Dai Decl., # 3 Declaration Suppl Decl of Acevedo & Ex. A, # 4 Declaration Suppl Decl of Mary Cervantez, # 5 Declaration Suppl Decl of Maria Stroud, # 6 Declaration Suppl Decl of Jennifer Pasquarella)(Renick, Randall) (Entered: 03/28/2011)

March 28, 2011 PACER
71

DECLARATION of Randy Renick in support of MOTION to Certify FLSA Collective Action 68 filed by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (Attachments: # 1 Exhibit Ex. 1 - Hermoly Ramirez Deposition)(Renick, Randall) (Entered: 03/28/2011)

March 28, 2011 PACER
72

NOTICE OF DISCREPANCY AND ORDER: by Judge Percy Anderson, ORDERING Stipulation to File First Amended Complaint; Proposed Order; First Amended Complaint submitted by Plaintiffs Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real received on 3/24/2011 is not to be filed but instead rejected. Denial based on: Local Rule 11-4.1; Stip Order not e-filed, granted prior to submission of FAC. (vdr) (Entered: 03/29/2011)

March 28, 2011 PACER
73

EX PARTE APPLICATION for Leave to File Supplemental Brief in Support of Plaintiffs' Motion for Class Action Certification filed by Plaintiff Osfel Andrade, Hugo Alcantar Fernandez, Andres Morales, Juan Miguel Real. (Attachments: # 1 Declaration of Randy Renick, # 2 Exhibit 1 -- Plaintiffs' Supplemental Brief in Support of Plaintiffs' Motion for Class Certification, # 3 Exhibit 2 - Excerpts from Deposition of H. Ramirez, # 4 Declaration of Cornelia Dai, # 5 Proposed Order)(Renick, Randall) (Entered: 03/29/2011)

March 29, 2011 PACER
74

ORDER re: First Amended Complaint 65 by Judge Percy Anderson: Request is approved and, The First Amended Complaint is hereby filed as of the date of this Order. (kpa) (Entered: 03/30/2011)

March 30, 2011 PACER
75

OPPOSITION opposition to re: EX PARTE APPLICATION for Leave to File Supplemental Brief in Support of Plaintiffs' Motion for Class Action Certification 73 filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Gerard, Robert) (Entered: 03/30/2011)

March 30, 2011 PACER
76

FIRST AMENDED CLASS ACTION COMPLAINT against Defendants Terra Universal, Inc., George Sadaghiani, and Does 1-10, inclusive; Party Hugo Alcantar Fernandez terminated; amending Complaint 1 ; with Jury Demand filed by Plaintiffs Andres Morales, Juan Miguel Real, and Osfel Andrade. (gk) (Entered: 03/30/2011)

March 30, 2011 PACER
77

MINUTES (IN CHAMBERS) ORDER by Judge Percy Anderson: denying Plaintiffs' Ex Parte Application 73 for Leave to File Supplemental Brief in Support of Plaintiffs' Motion for Class Action Certification. *See order for findings and analysis.* (vdr) (Entered: 03/31/2011)

March 31, 2011 PACER
78

OPPOSITION in opposition to re: MOTION to Certify FLSA Collective Action 68 filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Gerard, Robert) (Entered: 04/04/2011)

April 4, 2011 PACER
79

OBJECTION opposition to re: MOTION to Certify FLSA Collective Action 68 Objections to Evidence - Volume A filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Gerard, Robert) (Entered: 04/04/2011)

April 4, 2011 PACER
80

OBJECTION opposition to re: MOTION to Certify FLSA Collective Action 68 Objections to Evidence - Volume B filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Gerard, Robert) (Entered: 04/04/2011)

April 4, 2011 PACER
81

DECLARATION of George Sadaghiani in opposition to MOTION to Certify FLSA Collective Action 68 filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Gerard, Robert) (Entered: 04/04/2011)

April 4, 2011 PACER
82

DECLARATION of Jeanine Scalero in opposition to MOTION to Certify FLSA Collective Action 68 filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Gerard, Robert) (Entered: 04/04/2011)

April 4, 2011 PACER
83

NOTICE of Errata Re Defendants' Opposition to Plaintiffs' Motion for FLSA Collective Action filed by Defendants George Sadaghiani, Terra Universal, Inc.. (Attachments: # 1 Opposition to Motion for FLSA Collective Action)(Gerard, Robert) (Entered: 04/05/2011)

April 5, 2011 PACER
84

REPLY in support of a motion MOTION to Certify FLSA Collective Action 68 filed by Plaintiffs Osfel Andrade, Andres Morales, Juan Miguel Real. (Renick, Randall) (Entered: 04/11/2011)

April 11, 2011 PACER
85

DECLARATION of Randy Renick in support of MOTION to Certify FLSA Collective Action 68 and Exhibit A (Proposed Amended Notice) filed by Plaintiffs Osfel Andrade, Andres Morales, Juan Miguel Real. (Renick, Randall) (Entered: 04/11/2011)

April 11, 2011 PACER
86

OBJECTION In Support re: MOTION to Certify FLSA Collective Action 68 Evidentary Objections to Declaration of George Sadaghiani filed by Plaintiffs Osfel Andrade, Andres Morales, Juan Miguel Real. (Renick, Randall) (Entered: 04/11/2011)

April 11, 2011 PACER
87

RESPONSE IN SUPPORT of MOTION to Certify FLSA Collective Action 68 Responses to Defendants' Objections to Evidence (Volume A) filed by Plaintiffs Osfel Andrade, Andres Morales, Juan Miguel Real. (Renick, Randall) (Entered: 04/11/2011)

April 11, 2011 PACER
88

RESPONSE IN SUPPORT of MOTION to Certify FLSA Collective Action 68 Responses to Defendants' Objections to Evidence (Volume B) filed by Plaintiffs Osfel Andrade, Andres Morales, Juan Miguel Real. (Renick, Randall) (Entered: 04/11/2011)

April 11, 2011 PACER
89

ANSWER to Amended Complaint, 76 Terra Universal, Inc.'s Answer to First Amended Complaint filed by Defendants George Sadaghiani, Terra Universal, Inc..(Gerard, Robert) (Entered: 04/13/2011)

April 13, 2011 PACER
90

ANSWER to Amended Complaint, 76 George Sadaghiani's Answer to First Amended Complaint filed by Defendants George Sadaghiani, Terra Universal, Inc..(Gerard, Robert) (Entered: 04/13/2011)

April 13, 2011 PACER
91

STIPULATION for Order Dismissing Plaintiffs' FLSA Claims filed by Plaintiffs Osfel Andrade, Andres Morales, Juan Miguel Real. (Attachments: # 1 Proposed Order Proposed Order)(Renick, Randall) (Entered: 04/14/2011)

April 14, 2011 PACER
92

ORDER RE: STIPULATION TO DISMISS PLAINTIFFS' CLAIMS FOR VIOLATION OF THE FAIR LABOR STANDARDS ACT, 29 U.S.C. SECTION 201, ET SEQ. by Judge Percy Anderson: The request for dismissal of Plaintiffs Andres Morales, Juan Miguel Real, and Osfel Andrade's federal claims for violation of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201, et seq. 91, is approved. (gk) (Entered: 04/18/2011)

April 18, 2011 PACER
93

MINUTES (IN CHAMBERS) COURT ORDER by Judge Percy Anderson. Plaintiff's Motion 68 for Fair Labor Standards Act Collective Action Certification is denied as moot. The hearing calendared for 4/25/2011, is vacated, and the matter taken off calendar. Since the Court has declined to exercise supplemental jurisdiction over Plaintiffs state law claims, Plaintiffs Motion 26 for Class Action Certification of the state law claims is also denied as moot. Since all claims over which this Court has original jurisdiction are dismissed, the Court declines to exercise supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. § 1367(c)(3). The Court therefore dismisses Plaintiffs state law claims without prejudice. See 28 U.S.C. § 1367(d). (vdr) (Entered: 04/22/2011)

April 22, 2011 PACER
94

MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The parties submitted a stipulation 91 to dismiss Plaintiffs claims under the Fair Labor Standards Act, which the Court approved. As such, Plaintiffs Motion 68 is denied as moot. The hearing calendared for 4/25/2011, is vacated, and the matter taken off calendar. The Court dismisses Plaintiffs state law claims without prejudice. Since the Court has declined to exercise supplemental jurisdiction over Plaintiffs state law claims, Plaintiffs Motion 26 for Class Action Certification of the state law claims is also denied as moot. (vdr) (Entered: 04/25/2011)

April 22, 2011 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 31, 2010

Closing Date: April 22, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Defendants' employees

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Hadsell, Stormer & Renick

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Terra Universal Inc., Political Party

Case Details

Causes of Action:

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

Discrimination-basis:

Immigration status

Race discrimination

Immigration/Border:

Employment