Case: Quintanilla Vasquez v. Libre by Nexus

4:17-cv-00755 | U.S. District Court for the Northern District of California

Filed Date: Feb. 15, 2017

Case Ongoing

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Case Summary

This is a case about a company’s business practices regarding the payment of bond for individuals detained by ICE. On February 15, 2017, two individuals detained by ICE who entered agreements with the defendant to secure bonds, filed this lawsuit in United States District Court in the Northern District of California. The plaintiffs sued Libre by Nexus, Inc (LBN) under 18 U.S.C. § 1581, the Prohibition on Forced Labor, 18 U.S.C. § 1589, and state law. Represented by private counsel and Centro Legal de la Raza, the plaintiffs sought monetary damages, restitution, and injunctive relief. Specifically, they claimed that LBN preyed on their vulnerability and limited understanding of English to impose crushing financial terms and GPS shackles on detainees in exchange for its “service” of arranging for a third party to post their bonds. The case was assigned to Judge Claudia Wilken. The original complaint included a national and California subclass. The proposed National Class consisted of: “All individuals residing in the United States who, within the applicable statute of limitations preceding the filing of this action and going forward from the date of this Complaint, paid monies to LBN and wore a GPS tracker provided by LBN.” The proposed California Subclass consisted of: “All individuals residing in the State of California who, within the applicable statute of limitations preceding the filing of this action and going forward from the date of this Complaint, paid monies to LBN and wore a GPS tracker provided by LBN.”

On June 15, 2017, the plaintiffs filed a second amended complaint adding an additional plaintiff representative and removing claims alleging the misrepresentation of the physical burdensomeness of the ankle monitor. On December 6, 2018, the plaintiffs filed a third amended complaint. The third amended complaint added a violation of California code to Count III, which alleged the defendant violated the “unlawful” prong of California’s Unlawful Competition Law (UCL) by violating California’s insurance code, which prohibits a person from executing or delivering the undertaking of bail or bail bonds without a bail license. The plaintiffs sought to amend Count III to include a violation of California Code which limits bail licensees from charging or collecting money or other valuable considerations except for a number of specified limited purposes.

On July 10, 2017, the defendants filed a motion to dismiss two counts of the complaint. The defendants argued that 1) they were not debt collectors and could not be held in violation of Fair Debt Collection Practices Act (FDCPA) and 2) that the plaintiffs' claim regarding California Translation Act (CTA) was time barred. The defendants also filed motions to compel arbitration because the plaintiffs had signed an arbitration clause in their contract and for sanctions.

On August 9, 2017, the parties filed a stipulated motion for stay of discovery pending private mediation. After the court granted it, the parties engaged in two mediation hearings which did not result in a settlement. Discovery then proceeded.

On August 20, 2018 the court denied the defendant’s motion to compel and motion for sanctions. The court denied the defendant’s motion to dismiss count VI regarding the FDCPA. The court reasoned that because a portion of the money collected by defendants was collected for a third party bond company, the defendants can be considered debt collectors under the FDCPA. The court granted the defendant’s motion to dismiss count V regarding the CTA. The court agreed that the CTA claim was time-barred, but granted the plaintiff leave to amend to show that the defendant fraudulently concealed the terms of the agreement so as to toll the statute of limitations. Additionally, the court denied the defendants’ motion to compel arbitration. The defendants failed to translate the clause for the plaintiffs, so the court reasoned that there was “fraud in the inducement” which voided the clause. The arbitration clause “waived” the right to arbitrate a class action, but the court stated that this would “seriously compromise the public purposes” of governing statutes so the clause could not be enforced.

On September 18, 2018, the defendant filed an appeal with the Ninth Circuit Court of Appeals (18-16775) to challenge the court's denial of their July 10 motion to compel arbitration.

Meanwhile, back in the district court, the court granted an order to stay the case in light of the parties’ ongoing settlement negotiations. The court granted preliminary approval of the class action settlement and provisional class certification, along with leave for the plaintiff to file a fourth amended complaint on July 31, 2020.

The fourth amended complaint was filed on August 10, 2020, which added a sponsor subclass. At this stage of the litigation, the plaintiffs sought to define the classes as following: All current or former LBN “program participants” and “sponsors” who paid, or caused to be paid on their behalf, a fee to LBN. The Class was also comprised of three Subclasses: Current Program Participant Subclass: All current LBN “program participants” and “sponsors” who paid, or caused to be paid, or caused to be paid on their behalf, a fee to LBN. Former and Current Program Participant Payments Subclass: All former LBN “program participants” who paid, or caused to be paid on their behalf, a “Program Payment” to LBN and all current LBN “program participants” who, within six months of the “Final Settlement Approval Date” have been issued a Form I-391. Sponsor Payments Subclass: All sponsors of members of the Former and Current Program Participants Payments Subclass who paid a fee to LBN, including any initial payment or set up fee.

On September 1, 2020, the plaintiffs filed a motion for attorney fees, costs, and service awards. On November 9, 2020, the plaintiffs filed a motion for final approval of class action settlement. On February 8, 2021, the court granted plaintiffs’ motion for final approval of settlement and plaintiff’s motion for attorney fees, costs, and service awards. LBN paid a total of $3.2 million, including $800,000 in attorneys fees and $10,000 incentive fees for each of the four class representatives.

The court entered judgment on the case. Other terms of the settlement included:

LBN would impose a total payment cap for Program Payments, excluding the initial payment and set up fees made by the program participants and/or their sponsors, to an amount not to exceed the face amount of the bond.
LBN would translate changes made to the LBN Contract into Spanish by a court-certified translator.
LBN would post the LBN Contract on its website. LBN will also post audio versions of the LBN Contract in Spanish on its website. Before a prospective program participant or sponsor signs any part of the LBN Contract, LBN will offer to play the audio version or orally read the terms of the contract into Spanish for any Spanish-speaking potential participant or sponsor.
LBN and its agents would not threaten, verbally or in writing, to report any program participant, sponsor, or family member to ICE or otherwise threaten immigration detention. LBN agreed to less intrusive and reduced monitoring.

The settlement agreement affected the defendant’s earlier appeal in the case. As a result, on April 6, 202, the defendant filed an unopposed motion to dismiss the case in the Ninth Circuit court.

On July 30, 2021, the court granted plaintiffs’ motion to enforce the order and settlement. The court held that LBN was responsible for paying an additional $34,142.60 in attorneys' fees. The case is ongoing for the purposes of administering the settlement agreement.

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Summary Authors

Emma Mertens (10/30/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6083078/parties/quintanilla-vasquez-v-libre-by-nexus-inc/

Judge(s)

Beeler, Laurel (California)

Attorney for Plaintiff

Castillo, Aidin (California)

Chavez, Paul R (California)

Christensen, Maren Irene (California)

Attorney for Defendant

Aly, Mohammed Wael (California)

Expert/Monitor/Master

Judge(s)

Beeler, Laurel (California)

Wilken, Claudia Ann (California)

Attorney for Plaintiff

Castillo, Aidin (California)

Chavez, Paul R (California)

Christensen, Maren Irene (California)

Gold, Sophia Goren (District of Columbia)

Gupta, Rishi (California)

Kaliel, Jeffrey D (District of Columbia)

Koshy, Tanya Susan (California)

Migliaccio, Nicholas A. (District of Columbia)

Newmark, Jesse Mica (California)

Pennington, Alison (California)

Persinger, Annick Marie (California)

Rathod, Jason S (District of Columbia)

Attorney for Defendant

Aly, Mohammed Wael (California)

Gorby, Michael J. (Georgia)

Hassen, Michael John (California)

Narita, Tomio Buck (California)

Payson, Kenneth E (Washington)

Peters, Mary Donne (Georgia)

Shoreman, John M (District of Columbia)

Simmonds, Michael Richard (California)

Sullivan, Sean Michael (California)

Yazdi, Jennifer Lawdan (California)

Expert/Monitor/Master

McCabe, Gavin Geraghty (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
4:17-cv-00755 0:18-16775	Docket [PACER] Quintanilla Vasquez v. Libre by Nexus, Inc.	Aug. 24, 2021	Aug. 24, 2021 Docket
1 4:17-cv-00755	Class Action Complaint	Feb. 15, 2017	Feb. 15, 2017 Complaint
143-1 4:17-cv-00755	Confidential Settlement Agreement and Release	July 29, 2020	July 29, 2020 Settlement Agreement
146 4:17-cv-00755	Fourth Amended Class Action Complaint	Aug. 10, 2020	Aug. 10, 2020 Complaint
184 4:17-cv-00755	Order Granting Motion for Final Approval of Settlement and Granting Motion for Attorney Fees, Costs, and Service Awards	Feb. 8, 2021	Feb. 8, 2021 Order/Opinion
203 4:17-cv-00755	Revised Order Granting Plaintiffs' Motion to Enforce Order and Settlement	July 30, 2021	July 30, 2021 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6083078/quintanilla-vasquez-v-libre-by-nexus-inc/

Last updated July 11, 2023, 11:19 p.m.

ECF Number	Description	Date	Link Date / Link
1	Class Action COMPLAINT (with jury demand) (no process) against Libre by Nexus, Inc. (Filing fee $ 400, receipt number 0971-11159842). Filed by Gabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Declaration, # 4 Declaration, # 5 Civil Cover Sheet)(Kaliel, Jeffrey) (Filed on 2/15/2017) Modified on 2/17/2017 (cjlS, COURT STAFF). (Entered: 02/15/2017) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Declaration View on PACER 4 Declaration View on PACER 5 Civil Cover Sheet View on PACER	Feb. 15, 2017	Feb. 15, 2017 Clearinghouse
2	Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/2/2017. (as, COURT STAFF) (Filed on 2/16/2017) (Entered: 02/16/2017)	Feb. 16, 2017	Feb. 16, 2017 PACER
3	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/10/2017. Case Management Conference set for 5/17/2017 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (cjlS, COURT STAFF) (Filed on 2/17/2017) (Entered: 02/17/2017)	Feb. 17, 2017	Feb. 17, 2017 PACER
4	NOTICE of Appearance by Annick Marie Persinger (Persinger, Annick) (Filed on 3/1/2017) (Entered: 03/01/2017)	March 1, 2017	March 1, 2017 PACER
5	CLERK'S NOTICE TO PLAINTIFFS Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge Consent/Declination due by 3/17/2017. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ig, COURT STAFF) (Filed on 3/3/2017) (Entered: 03/03/2017)	March 3, 2017	March 3, 2017 PACER
6	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez.. (Persinger, Annick) (Filed on 3/15/2017) (Entered: 03/15/2017)	March 15, 2017	March 15, 2017 PACER
7	CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 3/15/2017) (Entered: 03/15/2017)	March 15, 2017	March 15, 2017 PACER
8	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Claudia Wilken for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by the Executive Committee on March 16, 2017. (Attachments: # 1 Notice of Eligibility for Video Recording)(cjlS, COURT STAFF) (Filed on 3/16/2017) (Entered: 03/16/2017)	March 16, 2017	March 16, 2017 PACER
9	CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE. Joint Case Management Statement due by 5/16/2017. Initial Case Management Conference set for 5/23/2017 02:30 PM. Signed by Judge Claudia Wilken on 3/20/17. (dtmS, COURT STAFF) (Filed on 3/20/2017) (Entered: 03/20/2017)	March 20, 2017	March 20, 2017 PACER
10	CERTIFICATE OF SERVICE by Gabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez re 9 Order (Kaliel, Jeffrey) (Filed on 3/29/2017) Modified on 3/29/2017 (cpS, COURT STAFF). (Entered: 03/29/2017)	March 29, 2017	March 29, 2017 PACER
11	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kaliel, Jeffrey) (Filed on 5/2/2017) Modified on 5/3/2017 (cpS, COURT STAFF). (Entered: 05/02/2017)	May 2, 2017	May 2, 2017 PACER
12	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kaliel, Jeffrey) (Filed on 5/2/2017) Modified on 5/3/2017 (cpS, COURT STAFF). (Entered: 05/02/2017)	May 2, 2017	May 2, 2017 PACER
13	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Kaliel, Jeffrey) (Filed on 5/2/2017) (Entered: 05/02/2017)	May 2, 2017	May 2, 2017 PACER
14	FIRST AMENDED CLASS ACTION COMPLAINT against Libre by Nexus, Inc.. Filed byGabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez, Victor Hugo Catalan Molina. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Declaration, # 6 Declaration)(Kaliel, Jeffrey) (Filed on 5/3/2017) Modified on 5/4/2017 (cpS, COURT STAFF). (Entered: 05/03/2017) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Declaration View on PACER 6 Declaration View on PACER	May 3, 2017	May 3, 2017 PACER
15	Proposed Summons. (Kaliel, Jeffrey) (Filed on 5/3/2017) (Entered: 05/03/2017)	May 3, 2017	May 3, 2017 PACER
16	Summons Issued as to Libre by Nexus, Inc.. (cpS, COURT STAFF) (Filed on 5/4/2017) (Entered: 05/04/2017)	May 4, 2017	May 4, 2017 PACER
17	AFFIDAVIT of Service for Amended Complaint served on Registered Agent on 05/08/2017, filed by Victor Hugo Catalan Molina, Gabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez. (Kaliel, Jeffrey) (Filed on 5/12/2017) (Entered: 05/12/2017)	May 12, 2017	May 12, 2017 PACER
18	JOINT CASE MANAGEMENT STATEMENT filed by Libre by Nexus, Inc., Juan Quintanilla Vasquez, Gabriela Perdomo Ortiz, Victor Hugo Catalan Molina. (Narita, Tomio) (Filed on 5/16/2017) Modified on 5/17/2017 (cpS, COURT STAFF). (Entered: 05/16/2017)	May 16, 2017	May 16, 2017 PACER
19	Minute Entry for proceedings held before Hon. Claudia Wilken: Initial Case Management Conference held on 5/23/2017. Amended Pleadings due by 9/20/2017. Close of Fact Discovery by 3/15/2018. Close of Expert Discovery by 4/15/2018. Further Case Management Conference and Motion Hearing set for 8/14/2018 02:30 PM. Pretrial Conference set for 11/13/2018 02:30 PM. Jury Selection and Jury Trial set for 11/26/2018 through 12/14/2018 at 8:30 AM. Court Reporter: Diane Skillman. (dtmS, COURT STAFF) (Date Filed: 5/23/2017) (Entered: 05/24/2017)	May 23, 2017	May 23, 2017 PACER
	Set/Reset Hearing. Jury Selection set for 11/26/2018 08:30 AM (dtmS, COURT STAFF) (Filed on 5/24/2017)	May 24, 2017	May 24, 2017 PACER
	Set/Reset Hearings	May 24, 2017	May 24, 2017 PACER
	CASE REFERRED to Mediation ADR Program for Mediation 19 . (af, COURT STAFF) (Filed on 5/25/2017)	May 25, 2017	May 25, 2017 PACER
	Case Referred to Mediation	May 25, 2017	May 25, 2017 PACER
20	MOTION for leave to appear in Pro Hac Vice of Michael J. Gorby ( Filing fee $ 310, receipt number 0971-11434745.) filed by Libre by Nexus, Inc.. (Gorby, Michael) (Filed on 5/31/2017) (Entered: 05/31/2017)	May 31, 2017	May 31, 2017 PACER
21	MOTION for leave to appear in Pro Hac Vice for Mary Donne Peters ( Filing fee $ 310, receipt number 0971-11438043.) filed by Libre by Nexus, Inc.. (Peters, Mary) (Filed on 6/1/2017) (Entered: 06/01/2017)	June 1, 2017	June 1, 2017 PACER
22	STIPULATION WITH PROPOSED ORDER re Filing Second Amended Complaint and Amending Schedule for Motion to Compel filed by Victor Hugo Catalan Molina, Gabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez, Libre by Nexus Inc. (Attachments: # 1 Proposed Order)(Kaliel, Jeffrey) (Filed on 6/2/2017) Modified on 6/5/2017 (cpS, COURT STAFF). (Entered: 06/02/2017) 1 Proposed Order View on PACER	June 2, 2017	June 2, 2017 RECAP
23	ORDER by Judge Claudia Wilken granting 20 Motion for Pro Hac Vice of Michael J. Gorby. (jjoS, COURT STAFF) (Filed on 6/5/2017) (Entered: 06/05/2017)	June 5, 2017	June 5, 2017 PACER
24	Order by Hon. Claudia Wilken granting 21 Motion for Pro Hac Vice of Mary Peters.(dtmS, COURT STAFF) (Filed on 6/5/2017) (Entered: 06/05/2017)	June 5, 2017	June 5, 2017 PACER
25	Order by Hon. Claudia Wilken granting 22 STIPULATION FOR (1) FILING THE SECOND AMENDED COMPLAINT; AND (2) AMENDING THE SCHEDULE FOR DEFENDANTS MOTION TO COMPEL ARBITRATION.(dtmS, COURT STAFF) (Filed on 6/5/2017) (Entered: 06/05/2017)	June 5, 2017	June 5, 2017 RECAP
26	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11455620.) filed by Victor Hugo Catalan Molina, Gabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Rathod, Jason) (Filed on 6/8/2017) (Entered: 06/08/2017)	June 8, 2017	June 8, 2017 PACER
27	Order by Hon. Claudia Wilken granting 26 Motion for Pro Hac Vice of Jason Rathod.(dtmS, COURT STAFF) (Filed on 6/9/2017) (Entered: 06/09/2017)	June 9, 2017	June 9, 2017 PACER
28	AMENDED COMPLAINT (second) against Libre by Nexus, Inc.. Filed byGabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez, Victor Hugo Catalan Molina. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Declaration, # 6 Declaration)(Kaliel, Jeffrey) (Filed on 6/9/2017) (Entered: 06/09/2017) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Declaration View on PACER 6 Declaration View on PACER	June 9, 2017	June 9, 2017 RECAP
29	STIPULATION WITH PROPOSED ORDER for Protective Order by Libre by Nexus, Inc., Juan Quintanilla Vasquez, Gabriela Jamileth Perdomo Ortiz, Victor Hugo Catalan Molina. (Narita, Tomio) (Filed on 6/13/2017) Modified on 6/14/2017 (cpS, COURT STAFF). (Entered: 06/13/2017)	June 13, 2017	June 13, 2017 PACER
30	Order by Hon. Claudia Wilken granting 29 Stipulated Protective Order.(dtmS, COURT STAFF) (Filed on 6/15/2017) (Entered: 06/15/2017)	June 15, 2017	June 15, 2017 PACER
31	NOTICE of Appearance by Sophia Jaclyn Goren (Goren, Sophia) (Filed on 6/29/2017) (Entered: 06/29/2017)	June 29, 2017	June 29, 2017 PACER
32	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11509019.) filed by Victor Hugo Catalan Molina, Gabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez. (Attachments: # 1 Certificate/Proof of Service)(Migliaccio, Nicholas) (Filed on 6/29/2017) (Entered: 06/29/2017)	June 29, 2017	June 29, 2017 PACER
33	Order by Hon. Claudia Wilken granting 32 Motion for Pro Hac Vice by Nicholas A. Migliaccio.(dtmS, COURT STAFF) (Filed on 6/30/2017) (Entered: 06/30/2017)	June 30, 2017	June 30, 2017 PACER
34	MOTION to Dismiss Counts V and VI of the Second Amended Complaint filed by Libre by Nexus, Inc.. Motion Hearing set for 8/29/2017 02:30 PM before Hon. Claudia Wilken. Responses due by 8/1/2017. Replies due by 8/15/2017. (Attachments: # 1 Proposed Order)(Gupta, Rishi) (Filed on 7/10/2017) Modified on 7/11/2017 (cpS, COURT STAFF). Modified on 5/29/2018 (dtmS, COURT STAFF). (Entered: 07/10/2017)	July 10, 2017	July 10, 2017 PACER
35	MOTION to Compel Arbitration filed by Libre by Nexus, Inc.. Motion Hearing set for 10/3/2017 02:30 PM before Hon. Claudia Wilken. Responses due by 8/24/2017. Replies due by 9/7/2017. (Attachments: # 1 Declaration of David See in Support of Motion to Compel Arbitration, # 2 Proposed Order Granting Motion to Compel Arbitration)(Simmonds, Michael) (Filed on 7/10/2017) Modified on 5/29/2018 (dtmS, COURT STAFF). (Entered: 07/10/2017) 1 Declaration of David See in Support of Motion to Compel Arbitration View on PACER 2 Proposed Order Granting Motion to Compel Arbitration View on PACER	July 10, 2017	July 10, 2017 PACER
36	CLERK'S NOTICE. You are hereby notified that the hearing on 8/29/2017 re 34 Motion to Dismiss is continued to 10/3/2017 at 2:30 pm. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dtmS, COURT STAFF) (Filed on 7/12/2017) (Entered: 07/12/2017)	July 12, 2017	July 12, 2017 PACER
	Set/Reset Deadlines as to 34 MOTION to Dismiss. Motion Hearing set for 10/3/2017 02:30 PM before Hon. Claudia Wilken. (dtmS, COURT STAFF) (Filed on 7/12/2017)	July 12, 2017	July 12, 2017 PACER
	Set Motion and Deadlines/Hearings	July 12, 2017	July 12, 2017 PACER
37	ADR Clerk's Notice Setting ADR Phone Conference on Tuesday, July 18, 2017, at 3:30 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 7/13/2017) (Entered: 07/13/2017)	July 13, 2017	July 13, 2017 PACER
38	ADR Remark: ADR Phone Conference held by Howard Herman on July 18, 2017. (af, COURT STAFF) (Filed on 7/24/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 07/24/2017)	July 24, 2017	July 24, 2017 PACER
39	ADR Clerk's Notice Appointing Hon. James Lambden (Ret.) as Mediator. (af, COURT STAFF) (Filed on 7/25/2017) (Entered: 07/25/2017)	July 25, 2017	July 25, 2017 PACER
40	Pre MED phone conference scheduled on Thursday, August 10, 2017, at 9:00 AM. Mediator provided call-in information to parties. (af, COURT STAFF) (Filed on 7/28/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 PACER
41	OPPOSITION/RESPONSE (re 34 MOTION to Dismiss Counts V and VI of the Second Amended Complaint ) filed byVictor Hugo Catalan Molina, Gabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez. (Kaliel, Jeffrey) (Filed on 8/1/2017) (Entered: 08/01/2017)	Aug. 1, 2017	Aug. 1, 2017 PACER
42	STIPULATION WITH PROPOSED ORDER For Stay of Discovery Pending Private Mediation and Request for Order Continuing Deadlines and Hearings with respect to Pending Motions filed by Libre by Nexus, Inc., Juan Quintanilla Vasquez, et al. (Attachments: # 1 Proposed Order on Stipulation for Stay of Discovery Pending Private Mediation and Request for Order Continuing Deadlines and Hearings with respect to Pending Motions)(Simmonds, Michael) (Filed on 8/9/2017) Modified on 8/10/2017 (cpS, COURT STAFF). (Entered: 08/09/2017) 1 Proposed Order on Stipulation for Stay of Discovery Pending Private Mediation an View on PACER	Aug. 9, 2017	Aug. 9, 2017 PACER
43	Order by Hon. Claudia Wilken granting 42 Stipulation for Stay of Discovery Pending Private Mediation and Request for Order Continuing Deadlines and Hearings with Respect to Pending Motions.(dtmS, COURT STAFF) (Filed on 8/10/2017) (Entered: 08/10/2017)	Aug. 10, 2017	Aug. 10, 2017 RECAP
44	*FILED IN ERROR. INCOMPLETE.* TRANSCRIPT ORDER for proceedings held on 05/23/17 before Hon. Claudia Wilken by Libre by Nexus, Inc., for Court Reporter Diane Skillman. (Peters, Mary) (Filed on 8/22/2017) Modified on 8/23/2017 (cpS, COURT STAFF). (Entered: 08/22/2017)	Aug. 22, 2017	Aug. 22, 2017 PACER
45	TRANSCRIPT ORDER for proceedings held on 05/23/17 before Hon. Claudia Wilken by Libre by Nexus, Inc., for Court Reporter Diane Skillman. (Peters, Mary) (Filed on 8/22/2017) (Entered: 08/22/2017)	Aug. 22, 2017	Aug. 22, 2017 PACER
46	Transcript of Proceedings held on May 23, 2017, before Judge Claudia Wilken. Court Reporter Diane E. Skillman, telephone number 925-899-2812, Diane_Skillman@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 45 Transcript Order ) Release of Transcript Restriction set for 12/21/2017. (Related documents(s) 45 ) (Skillman, Diane) (Filed on 9/22/2017) (Entered: 09/22/2017)	Sept. 22, 2017	Sept. 22, 2017 PACER
	*PLEASE DISREGARD. SEE BELOW FOR CORRECTED ENTRY*Set/Reset Hearing Mediation Hearing set for 10/10/2012 10:00 AM., at ADR Services Inc.100 First Street, 27th Floor, San Francisco, CA 94105. (af, COURT STAFF) (Filed on 9/26/2017) Modified on 9/27/2017 (af, COURT STAFF).	Sept. 26, 2017	Sept. 26, 2017 PACER
	Set/Reset Hearings	Sept. 26, 2017	Sept. 26, 2017 PACER
	Set/Reset Hearings	Sept. 27, 2017	Sept. 27, 2017 PACER
	Set/Reset Hearing Mediation Hearing set for 10/10/2017 10:00 AM., at ADR Services Inc., 100 First Street, 27th Floor, San Francisco, CA 94105. (af, COURT STAFF) (Filed on 9/27/2017)	Sept. 27, 2017	Sept. 27, 2017 PACER
47	Certification of ADR Session by Mediator James R. Lambden (Ret.): I hereby certify that the parties in this matter held a Mediation session on October 10, 2017. The case did not settle. Further facilitated discussions are expected by November 27, 2017. Mediation process is ongoing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 10/16/2017) (Entered: 10/16/2017)	Oct. 16, 2017	Oct. 16, 2017 PACER
48	MOTION for Protective Order filed by Libre by Nexus, Inc.. Motion Hearing set for 12/5/2017 02:30 PM before Judge Claudia Wilken. Responses due by 11/9/2017. Replies due by 11/16/2017. (Attachments: # 1 Exhibit Request for Judicial Notice in Support of Motion for Protective Order, # 2 Proposed Order Granting Motion for Protective Order)(Simmonds, Michael) (Filed on 10/26/2017) (Entered: 10/26/2017)	Oct. 26, 2017	Oct. 26, 2017 PACER
49	ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge Claudia Wilken on 11/27/17. (dtmS, COURT STAFF) (Filed on 11/27/2017) (Entered: 11/27/2017)	Nov. 27, 2017	Nov. 27, 2017 PACER
50	NOTICE of Appearance by Jesse Mica Newmark (Newmark, Jesse) (Filed on 11/27/2017) (Entered: 11/27/2017)	Nov. 27, 2017	Nov. 27, 2017 PACER
51	NOTICE of Appearance by Jesse Mica Newmark (Newmark, Jesse) (Filed on 11/27/2017) (Entered: 11/27/2017)	Nov. 27, 2017	Nov. 27, 2017 PACER
52	STIPULATION WITH PROPOSED ORDER FOR STAY OF DISCOVERY PENDING MEDIATION AND REQUEST FOR ORDER CONTINUING DEADLINES AND HEARINGS WITH RESPECT TO PENDING MOTIONS filed by Victor Hugo Catalan Molina, Gabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez, Libre by Nexus Inc. (Attachments: # 1 Proposed Order)(Rathod, Jason) (Filed on 11/27/2017) Modified on 11/28/2017 (cpS, COURT STAFF). (Entered: 11/27/2017)	Nov. 27, 2017	Nov. 27, 2017 PACER
	Case Referred to Magistrate Judge for Discovery	Nov. 27, 2017	Nov. 27, 2017 PACER
	CASE REFERRED to Magistrate Judge Laurel Beeler for Discovery (ahm, COURT STAFF) (Filed on 11/27/2017)	Nov. 27, 2017	Nov. 27, 2017 PACER
53	NOTICE of Withdrawal of Appearance as Attorney of Record by Victor Hugo Catalan Molina, Gabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez (Persinger, Annick) (Filed on 11/28/2017) Modified on 11/29/2017 (cpS, COURT STAFF). (Entered: 11/28/2017)	Nov. 28, 2017	Nov. 28, 2017 PACER
54	ORDER by Judge Laurel Beeler denying without prejudice 48 Motion for Protective Order.The parties must comply with the court's standing order regarding discovery disputes (attached). The defendant's motion for a protective order is denied without prejudice. The defendant may renew its motion by meeting and conferring and filing a joint letter brief with the plaintiffs and the CFPB in accordance with the procedures in court's standing order. Should the defendant renew its motion, the joint letter brief should address, among other things, whether this court has jurisdiction to enter an order barring counsel for the plaintiffs from responding to the CFPB's CID, which was not issued in this action, or whether the District Court for the District of Columbia (or some other venue) is the more appropriate forum in which to challenge the CFPB's CID. (Attachments: # 1 Standing Order)(lblc1S, COURT STAFF) (Filed on 11/28/2017) (Entered: 11/28/2017)	Nov. 28, 2017	Nov. 28, 2017 PACER
55	Order by Judge Claudia Wilken granting 52 Stipulation for Stay of Discovery and for Order Continuing Deadlines and Hearings. Close of Fact Discovery by 8/15/2018. Designation of Experts by 8/22/2018. Close of Expert Discovery by 9/17/2018. Further Case Management Conference, Dispositive Motions and Class Certification Motions set for 1/29/2019 02:30 PM. Pretrial Conference set for 4/30/2019 02:30 PM. Jury Selection and Jury Trial set for 5/13/2019 08:30 AM through 5/24/19.(dtmS, COURT STAFF) (Filed on 11/29/2017) (Entered: 11/29/2017)	Nov. 29, 2017	Nov. 29, 2017 PACER
56	STIPULATION WITH PROPOSED ORDER FOR STAY OF DISCOVERY PENDING MEDIATION AND REQUEST FOR ORDER CONTINUING DEADLINES AND HEARINGS WITH RESPECT TO PENDING MOTIONS filed by Libre by Nexus, Inc., Juan Quintanilla Vasquez, et al. (Attachments: # 1 Proposed Order on Stipulation for Stay of Discovery Pending Mediation and REquest for Order Continuing Deadlines and Hearings with Respect to Pending Motions)(Simmonds, Michael) (Filed on 1/25/2018) Modified on 1/26/2018 (cpS, COURT STAFF). (Entered: 01/25/2018)	Jan. 25, 2018	Jan. 25, 2018 PACER
57	NOTICE by Victor Hugo Catalan Molina, Gabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez of Withdrawal of Attorney (Goren, Sophia) (Filed on 1/26/2018) (Entered: 01/26/2018)	Jan. 26, 2018	Jan. 26, 2018 PACER
58	Order by Judge Claudia Wilken granting 56 Stipulation for Stay of Discovery and for Order Continuing Deadlines and Hearings. Close of Fact Discovery by 11/15/2018. Designation of Experts by 11/22/2018. Close of Expert Discovery by 12/13/2018. Class Cert Motion due by 1/10/2019. Class Cert Motion/Dispositive Motion Hearing and Further Case Management Conference set for 4/30/2019 02:30 PM. Pretrial Conference set for 7/30/2019 02:30 PM before Judge Claudia Wilken. Jury Selection and Jury Trial set for 8/12/2019 08:30 AM through 8/23/2019. (dtmS, COURT STAFF) (Filed on 1/29/2018) (Entered: 01/29/2018)	Jan. 29, 2018	Jan. 29, 2018 PACER
59	NOTICE of Appearance by Alison Edith Pennington (Pennington, Alison) (Filed on 2/23/2018) (Entered: 02/23/2018)	Feb. 23, 2018	Feb. 23, 2018 PACER
60	ORDER ADMINISTRATIVELY TERMINATING MOTIONS IN LIGHT OF STAY OF DISCOVERY AND CONTINUANCE OF ALL DEADLINES by Judge Claudia Wilken. (dtmS, COURT STAFF) (Filed on 3/8/2018) (Entered: 03/08/2018)	March 8, 2018	March 8, 2018 PACER
61	Certification of ADR Session by Mediator James R. Lambden (Ret.): I hereby certify that the parties in this matter held a Mediation session on 3/29/2018. The case did not settle. Further facilitated discussions are not expected. Mediation is complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 4/23/2018) (Entered: 04/23/2018)	April 23, 2018	April 23, 2018 PACER
62	NOTICE of Appearance by Annick Marie Persinger (Persinger, Annick) (Filed on 4/26/2018) (Entered: 04/26/2018)	April 26, 2018	April 26, 2018 PACER
63	RE-NOTICE MOTION re 34 Motion to Dismiss Counts 5 and 6 of the Second Amended Complaint filed by Libre by Nexus, Inc. (Simmonds, Michael) (Filed on 5/29/2018) Modified on 5/29/2018 (dtmS, COURT STAFF). (Entered: 05/29/2018)	May 29, 2018	May 29, 2018 PACER
64	RE-NOTICE MOTION re 35 Motion to Compel Arbitration filed by Libre by Nexus, Inc. (Simmonds, Michael) (Filed on 5/29/2018) Modified on 5/29/2018 (dtmS, COURT STAFF). (Entered: 05/29/2018)	May 29, 2018	May 29, 2018 PACER
	Set Motion and Deadlines/Hearings	May 29, 2018	May 29, 2018 PACER
	Set/Reset Deadlines as to 34 MOTION to Dismiss Counts V and VI of the Second Amended Complaint, 35 MOTION to Compel Arbitration. Motion Hearing set for 8/14/2018 02:30 PM before Judge Claudia Wilken. (dtmS, COURT STAFF) (Filed on 5/29/2018)	May 29, 2018	May 29, 2018 PACER
65	MOTION for Sanctions Under Rule 11 filed by Libre by Nexus, Inc.. Motion Hearing set for 8/14/2018 02:30 PM in Oakland, Chambers before Judge Claudia Wilken. Responses due by 6/13/2018. Replies due by 6/20/2018. (Attachments: # 1 Declaration Tomio Narita in Support of Moton for Sanctions, # 2 Proposed Order Granting Motion for Sanctions, # 3 Certificate/Proof of Service By Mail on June 26, 2017, # 4 Certificate/Proof of Service By Personal Service on June 26, 2017, # 5 Certificate/Proof of Service By Mail on May 30, 2018)(Simmonds, Michael) (Filed on 5/30/2018) (Entered: 05/30/2018)	May 30, 2018	May 30, 2018 PACER
66	OPPOSITION/RESPONSE (re 65 MOTION for Sanctions Under Rule 11 ) filed byVictor Hugo Catalan Molina, Gabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez. (Attachments: # 1 Declaration Declaration of Annick M. Persinger in Support of Plaintiffs' Opposition to Defendant's Motion for Sanctions Under Rule 11)(Persinger, Annick) (Filed on 6/13/2018) Modified on 6/15/2018 (cpS, COURT STAFF). *(DECLARATION WITH EXHIBIT RE-FILED AT DKT. # 68 )* (Entered: 06/13/2018)	June 13, 2018	June 13, 2018 PACER
67	*RE-FILED AT DKT. # 68 *EXHIBITS re 66 Opposition/Response to Motion, Exhibit A in Support of Declaration of Annick M. Persinger in Support of Plaintiffs' Opposition to Defendant's Motion for Sanctions Under Rule 11 filed byVictor Hugo Catalan Molina, Gabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez. (Related document(s) 66 ) (Persinger, Annick) (Filed on 6/13/2018) Modified on 6/15/2018 (cpS, COURT STAFF). (Entered: 06/13/2018)	June 13, 2018	June 13, 2018 PACER
68	Declaration of Annick M. Persinger in Support of 66 Opposition/Response to Motion, including Exhibit A filed byVictor Hugo Catalan Molina, Gabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez. (Related document(s) 66 ) (Persinger, Annick) (Filed on 6/14/2018) (Entered: 06/14/2018)	June 14, 2018	June 14, 2018 PACER
	Electronic filing error. Exhibits e-filed separately and not as an attachment, require a title page. Please refer to Civil Local Rules 3-4 re first page requirement.Please r e-file in its entirety Re: 67 Exhibits, filed by Juan Quintanilla Vasquez, Gabriela Jamileth Perdomo Ortiz, Victor Hugo Catalan Molina (cpS, COURT STAFF) (Filed on 6/14/2018)	June 14, 2018	June 14, 2018 PACER
	Electronic Filing Error	June 14, 2018	June 14, 2018 PACER
69	REPLY (re 34 MOTION to Dismiss Counts V and VI of the Second Amended Complaint ) filed byLibre by Nexus, Inc.. (Simmonds, Michael) (Filed on 6/19/2018) (Entered: 06/19/2018)	June 19, 2018	June 19, 2018 PACER
70	REPLY (re 65 MOTION for Sanctions Under Rule 11 ) filed byLibre by Nexus, Inc.. (Simmonds, Michael) (Filed on 6/19/2018) (Entered: 06/19/2018)	June 19, 2018	June 19, 2018 PACER
71	OPPOSITION/RESPONSE (re 35 MOTION to Compel Arbitration ) filed byVictor Hugo Catalan Molina, Gabriela Jamileth Perdomo Ortiz, Juan Quintanilla Vasquez. (Attachments: # 1 Declaration Declaration of Annick M. Persinger in Support of Plaintiffs' Opposition to Defendant's Motion to Compel Arbitration)(Persinger, Annick) (Filed on 6/19/2018) (Entered: 06/19/2018) 1 Declaration Declaration of Annick M. Persinger in Support of Plaintiffs' Op View on PACER	June 19, 2018	June 19, 2018 PACER
72	NOTICE of Appearance by Jennifer Lawdan Yazdi for Defendant Libre by Nexus, Inc. (Yazdi, Jennifer) (Filed on 6/20/2018) (Entered: 06/20/2018)	June 20, 2018	June 20, 2018 PACER
73	REPLY (re 35 MOTION to Compel Arbitration ) filed byLibre by Nexus, Inc.. (Attachments: # 1 Declaration of Michael R. Simmonds in support of motion to compel arbitration)(Simmonds, Michael) (Filed on 7/9/2018) (Entered: 07/09/2018) 1 Declaration of Michael R. Simmonds in support of motion to compel arbitration View on PACER	July 9, 2018	July 9, 2018 PACER
75	Minute Entry for proceedings held before Judge Claudia Wilken: Motion Hearing 34, 35, 65 held on 8/14/2018. FTR Time: 3:07-3:56. (dtmS, COURT STAFF) (Date Filed: 8/14/2018) (Entered: 08/17/2018)	Aug. 14, 2018	Aug. 14, 2018 RECAP
74	TRANSCRIPT ORDER for proceedings held on 8/14/18 before Judge Claudia Wilken by Libre by Nexus, Inc., for Court Reporter FTR - Oakland (Assigned Transcriber: Joan Columbini). (Narita, Tomio) (Filed on 8/16/2018) Modified on 8/17/2018 (napS, COURT STAFF). (Entered: 08/16/2018)	Aug. 16, 2018	Aug. 16, 2018 RECAP
76	ORDER ON MOTION TO COMPEL, MOTION TO DISMISS, AND MOTION FOR SANCTIONS by Judge Claudia Wilken. Amended Pleadings due by 9/10/2018. (dtmS, COURT STAFF) (Filed on 8/20/2018) (Entered: 08/20/2018)	Aug. 20, 2018	Aug. 20, 2018 RECAP
77	Transcript of Proceedings held on August 14, 2018, before Judge Claudia Wilken. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 74 Transcript Order, ) Redaction Request due 9/11/2018. Redacted Transcript Deadline set for 9/21/2018. Release of Transcript Restriction set for 11/19/2018. (Related documents(s) 74 ) (Columbini, Joan) (Filed on 8/21/2018) (Entered: 08/21/2018)	Aug. 21, 2018	Aug. 21, 2018 PACER
78	NOTICE by Libre by Nexus, Inc. of Withdrawal of Jennifer L. Yazdi as Attorney of Record (Yazdi, Jennifer) (Filed on 9/12/2018) (Entered: 09/12/2018)	Sept. 12, 2018	Sept. 12, 2018 PACER
79	NOTICE of Appearance by Michael John Hassen (Hassen, Michael) (Filed on 9/17/2018) (Entered: 09/17/2018)	Sept. 17, 2018	Sept. 17, 2018 PACER
80	NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Libre by Nexus, Inc.. Appeal of Order on Motion to Dismiss, Order on Motion to Compel, Order on Motion for Sanctions 76 (Appeal fee of $505 receipt number 0971-12688173 paid.) (Hassen, Michael) (Filed on 9/18/2018) (Entered: 09/18/2018)	Sept. 18, 2018	Sept. 18, 2018 PACER
81	Representation Statement re 80 Notice of Appeal filed by Libre by Nexus, Inc.. (Hassen, Michael) (Filed on 9/18/2018) Modified on 9/18/2018 (cpS, COURT STAFF). (Entered: 09/18/2018)	Sept. 18, 2018	Sept. 18, 2018 PACER
82	USCA Case Number 18-16775 Ninth Circuit Court of Appeals for 80 Notice of Appeal, filed by Libre by Nexus, Inc. (cjlS, COURT STAFF) (Filed on 9/19/2018) (Entered: 09/19/2018)	Sept. 19, 2018	Sept. 19, 2018 PACER
83	Transcript Designation Form for proceedings held on 8/14/2018 before Judge Claudia A. Wilken, re 82 USCA Case Number, 80 Notice of Appeal, Transcript due by 11/19/2018. (Hassen, Michael) (Filed on 9/21/2018) (Entered: 09/21/2018)	Sept. 21, 2018	Sept. 21, 2018 PACER
84	ANSWER to Amended Complaint and Jury Demand byLibre by Nexus, Inc.. (Hassen, Michael) (Filed on 9/25/2018) (Entered: 09/25/2018)	Sept. 25, 2018	Sept. 25, 2018 RECAP

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Case Details

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Immigration and/or the Border

Key Dates

Filing Date: Feb. 15, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All current or former LBN “program participants” and “sponsors” who paid, or caused to be paid on their behalf, a fee to LBN. The Class was also comprised of three Subclasses: Current Program Participant Subclass, Former and Current Program Participant Payments Subclass, Sponsor Payments Subclass

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

LIBRE BY NEXUS, INC., Private Entity/Person

Case Details

Causes of Action:

State law

Available Documents: