Case: Luis Saul Bautista Martinez v. Nuvision Credit Union

COMPLAINT Receipt No: ACACDC-38535196 - Fee: $405. (Attorney Luis Leonardo Lozada added to party Luis Saul Bautista Martinez(pty:pla))(Lozada, Luis) (Entered: 11/06/2024)

CIVIL COVER SHEET filed by Plaintiff Luis Saul Bautista Martinez. (Lozada, Luis) (Entered: 11/06/2024)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 Luis Saul Bautista Martinez. (Lozada, Luis) (Entered: 11/06/2024)

NOTICE of Interested Parties filed by Luis Saul Bautista Martinez Luis Saul Bautista Martinez, identifying Nuvision Credit Union. (Lozada, Luis) (Entered: 11/06/2024)

NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge John D. Early. (et) (Entered: 11/08/2024)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 11/08/2024)

Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) (Entered: 11/08/2024)

STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv) (Entered: 11/08/2024)

DECLARATION of Luis L. Lozada re Initial Order upon Filing of Complaint - form only 8 filed by Plaintiff Luis Saul Bautista Martinez. (Lozada, Luis) (Entered: 11/11/2024)

WAIVER OF SERVICE Returned Executed Luis Saul Bautista Martinez. upon Nuvision Credit Union waiver sent by Plaintiff on 11/14/2024, answer due 1/13/2025. Waiver of Service signed by Mark K. Worthge. (Lozada, Luis) (Entered: 11/21/2024)

ORDER OF THE CHIEF JUDGE (#200) approved by Judge Dolly M. Gee. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Anne Hwang, this case is transferred from Judge John F. Walter to the calendar of Judge Anne Hwang for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:24-cv-02422-AH (JDEx). (et) (Entered: 12/09/2024)

STANDING ORDER for Civil Cases Assigned to Judge Anne Hwang. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES (jp) (Entered: 01/10/2025)

Joint STIPULATION Extending Time to Answer the complaint as to Nuvision Credit Union answer now due 2/13/2025, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant Nuvision Credit Union. (Attachments: # 1 Proposed Order)(Attorney Mark Kenneth Worthge added to party Nuvision Credit Union(pty:dft))(Worthge, Mark) (Entered: 01/13/2025)

ORDER Regarding Stipulation to Extend Time to Respond to Initial Complaint By No More Than 30 Days [13 by Judge Anne Hwang, Defendant Nuvision CreditUnions deadline to respond to Plaintiff Luis Saul Bautista Martinez's Complaintshall be extended to 2/13/2025. (jp) (Entered: 01/15/2025)

Joint STIPULATION for Extension of Time to File Answer to March 06, 2025 filed by Defendant Nuvision Credit Union. (Attachments: # 1 Proposed Order)(Worthge, Mark) (Entered: 02/13/2025)

ORDER Regarding Stipulation to Further Extend Time to Respond to Initial Complaint by Twenty-One Days 15 by Judge Anne Hwang. Defendant Nuvision Credit Union's deadline to respond to Plaintiff Luis Saul Bautista Martinez's Complaint shall be extended from 2/13/2025 to 3/6/2025. (jp) (Entered: 02/14/2025)

Joint STIPULATION Extending Time to Answer the complaint as to Nuvision Credit Union answer now due 3/21/2025, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant Nuvision Credit Union. (Attachments: # 1 Proposed Order)(Worthge, Mark) (Entered: 03/05/2025)

ORDER Regarding Stipulation to Extend Time to Respond to Initial Complaint By Fifteen Days 17 by Judge Anne Hwang. Defendant Nuvision Credit Union's deadline to respond to Plaintiff Luis Saul Bautista Martinez's Complaint shall be extended to 3/21/2025. (jp) (Entered: 03/05/2025)

ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by Defendant Nuvision Credit Union.(Worthge, Mark) (Entered: 03/21/2025)

NOTICE of Interested Parties filed by Defendant Nuvision Credit Union, identifying CUMIS Insurance Society, CUNA Mutual Investment Corporation, Cuna Mutual Insurance Society. (Worthge, Mark) (Entered: 03/21/2025)

SCHEDULING CONFERENCE by Judge Anne Hwang. Scheduling Conference set for 6/4/2025 at 01:30 PM before Judge Anne Hwang. (ys) (Entered: 03/25/2025)

Notice of Appearance or Withdrawal of Counsel: for attorney Mark Kenneth Worthge counsel for Defendant Nuvision Credit Union. Adding Mark K. Worthge as counsel of record for Defendant NuVision Credit Union for the reason indicated in the G-123 Notice. Filed by Defendant NuVision Credit Union. (Worthge, Mark) (Entered: 05/05/2025)

NOTICE of Settlement Luis Saul Bautista Martinez. (Lozada, Luis) (Entered: 05/06/2025)

MINUTE IN CHAMBERS- ORDER AND NOTICE TO ALL PARTIES by Judge Anne Hwang: In light of the notice of settlement, filed 5/6/2025 23, indicating that the case has settled in its entirety, this Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. No later than 7/9/2025, the parties shall file either a stipulation re dismissal and order for dismissal, a notice of voluntary dismissal (to the extent permitted under FRCP 4l(a)(l)(A)(i)), or a judgment. Failure to timely file a stipulation and order for dismissal, a notice of voluntary dismissal, or a judgment shall result in the dismissal of this action. All pending hearing dates rule now taken off calendar and vacated. (jp) (Entered: 05/06/2025)

NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Settlement Approval filed by Plaintiff Luis Saul Bautista Martinez. Motion set for hearing on 7/30/2025 at 01:30 PM before Judge Anne Hwang. (Attachments: # 1 Declaration Luis Lozada, # 2 Exhibit Settlement Agreement, # 3 Exhibit Phoenix CV, # 4 Proposed Order Proposed Order) (Lozada, Luis) (Entered: 07/08/2025)

1 Declaration Luis Lozada

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2 Exhibit Settlement Agreement

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3 Exhibit Phoenix CV

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4 Proposed Order Proposed Order

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MINUTES OF MOTION HEARING HELD 25 before Judge Anne Hwang. The case is called and counsel state their appearances. The Court and counsel confer. Following oral argument, the Court advises counsel that the Court will take the motion for preliminary settlement approval 25 under submission. A written order will. Court Reporter: COURT SMART. Attorney for Plaintiff: Luis L. Lozada. Attorney for Defendant: Mark K. Worthge. Elizabeth Sanguinetti. Courtroom Deputy: Yolanda Skipper. Time in court: 03 mins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ys) (Entered: 07/31/2025)

Motion Hearing

ORDER GRANTING Motion for Preliminary Settlement Approval 25 by Judge Anne Hwang: The Court preliminarily approves the Agreement and the settlement set forth as fair, reasonable, and adequate, subject to further consideration at the Final Approval Hearing. The Court sets the following dates and deadlines: Preliminary Approval Hearing: 7/30/2025. Preliminary Approval Order: 8/6/2025. Deadline for the Settlement Administrator to mail notice and for Settlement Website to go live: 9/5/2025. Bar Date to Opt Out or Object: 10/6/2025. Final Approval Hearing 11/5/2025 at 1:30 PM. See document for further information. (jp) (Entered: 08/06/2025)

Attorney Fees

Miscellaneous Document

Minutes of In Chambers Order/Directive - no proceeding held AND ~Util - Set/Reset Motion Hearing and R&R Deadlines

Status Report

Attorney Fees AND Settlement

FINAL JUDGMENT by Judge Anne Hwang, this action has been settled in its entirety and the Court HEREBY ORDERS, ADJUDGES, AND DECREES the following regarding the Settlement Agreement and Release and related matters: The Court GRANTS the request for att orney's fees and costs in the amount of $40,000, to be paid in accordance with the terms set forth in the Settlement Agreement. The request for a class representative service award in the amount of $5,000, to be paid in accordance with the terms and methodology set forth in the Settlement Agreement. The Court GRANTS the request for settlement administration costs in the amount of $3,300, to be paid in accordance with the terms and methodology set forth in the Settlement Agreement. The Court APPROVED the form and means of disseminating the Class Notice as provided for in the Preliminary Approval Order. (MD JS-6, Case Terminated). See document for further information. (jp)

Motion Hearing

Report