Case: Montoya v. SCCP Painting Contractors, Inc.

Montoya v. S.C.C.P. Painting Contractors, Inc.

Montoya v. S.C.C.P. Painting Contractors, Inc.

Montoya v. S.C.C.P. Painting Contractors, Inc.

Montoya v. S.C.C.P. Painting Contractors, Inc.

Montoya v. S.C.C.P. Painting Contractors, Inc.

Montoya et al v. S.C.C.P. Painting Contractors, Inc. et al

Montoya v. S.C.C.P. Painting Contractors, Inc.

COMPLAINT with Exhibit 1 against S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte (Filing fee $ 350, Receipt Number 84637008519), filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Attachments: # 1 Civil Cover Sheet)(elt, Deputy Clerk) (Entered: 02/22/2007)

Jury Trial Demand by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (elt, Deputy Clerk) (Entered: 02/22/2007)

Correspondence re: CM/ECF warning letter to counsel. (elt, Deputy Clerk) (Entered: 02/22/2007)

Summons Issued 20 days as to S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (elt, Deputy Clerk) (Entered: 02/22/2007)

(FILED IN ERROR) ANSWER to Complaint by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Attachments: # 1 Memo in Support, proposed Order, Request for Hearing)(Whittenberger, G) Modified on 3/26/2007 (jnl, Deputy Clerk). (Entered: 03/26/2007)

MOTION for More Definite Statement by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. Responses due by 4/12/2007 (Attachments: # 1 Memo in Support# 2 Text of Proposed Order # 3 Request for Hearing# 4 Certificate of Service# 5 (Filed in error) Disclosure of Corporate Interest)(Whittenberger, G) Modified on 3/27/2007 (jnl, Deputy Clerk). (Entered: 03/26/2007)

Local Rule 103.3 Disclosure Statement by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) (Entered: 03/26/2007)

AFFIDAVIT of Service for Summons and Complaint and Exhibit served on SCCP Painting Contractors, Inc. on March 8, 2007, filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Cynamon, David) (Entered: 03/28/2007)

AFFIDAVIT of Service for Summons and Complaint and Exhibit served on Giovanni (a.k.a. "John") Sulmonte on March 6, 2007, filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Cynamon, David) (Entered: 03/28/2007)

Case reassigned to Judge Catherine C. Blake. Judge Richard D Bennett no longer assigned to the case. (cag, Deputy Clerk) (Entered: 03/29/2007)

NOTICE of Appearance by Anne Elizabeth Langford on behalf of all plaintiffs (Langford, Anne) (Entered: 04/12/2007)

RESPONSE in Opposition re 5 MOTION for More Definite Statement filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano.Replies due by 4/26/2007. (Attachments: # 1 Memorandum in Support of Opposition to Motion# 2 Text of Proposed Order)(Langford, Anne) (Entered: 04/12/2007)

Miscellaneous Correspondence setting a conference call to discuss attached proposed schedule. (Blake, Catherine) (Entered: 04/17/2007)

REPLY to Response to Motion re 5 MOTION for More Definite Statement Reply to Opposition to Motion for More Definite Statement filed by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) (Entered: 04/23/2007)

NOTICE of Appearance by Laura Elena Varela on behalf of all plaintiffs (Varela, Laura) (Entered: 04/26/2007)

ORDER denying 5 Motion of S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte for More Definite Statement. Signed by Judge Catherine C. Blake on 5/3/07. (jnl, Deputy Clerk) (Entered: 05/03/2007)

ANSWER to Complaint by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte.(Whittenberger, G) (Entered: 05/14/2007)

NOTICE by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte, Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano re 14 Order on Motion for More Definite Statement (Joint Proposed Schedule for Initial Discovery and for Filing of Class Certification Motion per Court's 5/3/07 Order (Langford, Anne) (Entered: 05/21/2007)

PAPERLESS ORDER APPROVING 16 Joint Proposed Schedule for Initial Discovery and for Filing of Class Certification Motion. Signed by Judge Catherine C. Blake on May 22, 2007. (Blake, Catherine) (Entered: 05/22/2007)

NOTICE of service of motion to compel discovery by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano (Attachments: # 1 Motion to Compel# 2 Memorandum in Support of Motion to Compel# 3 Text of Proposed Order # 4 Exhibit 1)(Langford, Anne) (Entered: 08/06/2007)

NOTICE of service of response to motion to compel discovery by S.C.C.P. Painting Contractors, Inc. (Attachments: # 1 # 2 # 3)(Whittenberger, G) (Entered: 08/20/2007)

MOTION for Extension of Time by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. Responses due by 9/10/2007 (Attachments: # 1 Memorandum in Support of Motion# 2 Text of Proposed Order)(Langford, Anne) (Entered: 08/24/2007)

NOTICE of service of reply to response to motion to compel discovery by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano (Attachments: # 1 Reply to Response to Motion to Compel)(Langford, Anne) (Entered: 09/04/2007)

Miscellaneous Correspondence to counsel regarding discovery. (Blake, Catherine) (Entered: 09/05/2007)

NOTICE of service of response to motion to compel discovery by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano (Attachments: # 1 Response to Motion to Compel# 2 Text of Proposed Order)(Langford, Anne) (Entered: 09/17/2007)

ORDER REFERRING CASE to Magistrate Judge Susan K. Gauvey for discovery. Signed by Judge Catherine C. Blake on 9/20/07. (jnl, Deputy Clerk) (Entered: 09/20/2007)

MOTION to Compel Discovery by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. Responses due by 10/15/2007 (Attachments: # 1 Certificate of Compliance with Rule 104.7)(Langford, Anne) (Entered: 09/28/2007)

MEMORANDUM to counsel scheduling date for telephone hearing. Signed by Judge Susan K. Gauvey on 10/4/07. (jnl, Deputy Clerk) (Entered: 10/04/2007)

ORDER granting 20 Motion of plaintiff for Extension of Time. Signed by Judge Catherine C. Blake on 10/4/07. (jnl, Deputy Clerk) (Entered: 10/04/2007)

RESPONSE in Opposition re 26 MOTION to Compel Discovery filed by S.C.C.P. Painting Contractors, Inc..Replies due by 10/29/2007. (Whittenberger, G) (Entered: 10/15/2007)

ORDER directing counsel to submit supplemental memoranda on the motion to compel by 10/24/07. Signed by Judge Susan K. Gauvey on 10/22/07. (jnl, Deputy Clerk) (Entered: 10/22/2007)

Supplemental to Motion to Compel (Supplemental Brief in Support of Plaintiffs' Motion to Compel) . (Langford, Anne) (Entered: 10/24/2007)

Supplemental to Memo in Support of its Motion to Compel Discovery (Pursuant to 10/22/07 Judge Gauvey Order) . (Whittenberger, G) (Entered: 10/24/2007)

Local Rule 104.7 Certificate. (Whittenberger, G) (Entered: 10/24/2007)

Local Rule 104.7 Statement (Revised). (Langford, Anne) (Entered: 10/24/2007)

Telephone Motions Hearing held on 10/25/2007 held before Judge Susan K. Gauvey. (jnl, Deputy Clerk) (Entered: 10/26/2007)

MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. Responses due by 12/27/2007 (Attachments: # 1 Memorandum in Support of Motion# 2 Text of Proposed Order # 3 Declaration of Laura E. Varela# 4 Exhibit A# 5 Exhibit B# 6 Exhibit C# 7 Exhibit D# 8 Exhibit E# 9 Exhibit F# 10 Exhibit G# 11 Exhibit H# 12 Exhibit I# 13 Exhibit J# 14 Exhibit K# 15 Exhibit L# 16 Exhibit M# 17 Exhibit N# 18 Exhibit O# 19 Exhibit P# 20 Exhibit Q# 21 Exhibit R# 22 Exhibit S# 23 Exhibit T# 24 Exhibit U)(Langford, Anne) (Entered: 12/10/2007)

STIPULATION re 35 MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) OF EXTENSION OF TIME TO RESPOND by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte.

ORDER granting in part and denying in part 26 Motion of plaintiffs to Compel discovery. Signed by Judge Susan K. Gauvey on 12/21/07. (jnl, Deputy Clerk) (Entered: 12/21/2007)

MOTION to Amend/Correct 38 Order on Motion to Compel by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. Responses due by 1/14/2008 (Varela, Laura) (Entered: 12/27/2007)

RESPONSE in Opposition re 35 MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) filed by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. Replies due by 1/11/2008. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Text of Proposed Order)(Whittenberger, G) Modified on 1/2/2008 (hml, Deputy Clerk). (Entered: 12/28/2007)

PAPERLESS Correspondence to counsel: Please note the proper case number on all filings should be as follows: CCB−07−455. The initials RDB should not be used. This case was reassigned to Judge Blake in March 2007. Thank you. (Blake, Catherine) (Entered: 01/03/2008)

PAPERLESS ORDER granting 39 Motion to Amend/Correct − Given that discovery is now limited to class certification issues, plaintiff is not required to answer interrogatory no. 7 at this time. Signed by Magistrate Judge Susan K. Gauvey on 1/4/08. (Gauvey, Susan) (Entered: 01/04/2008)

AFFIDAVIT re 40 Response in Opposition to Motion, OF RENE AGUILERA by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) (Entered: 01/10/2008)

Request for Hearing re 35 MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) , 40 Response in Opposition to Motion,. (Whittenberger, G) (Entered: 01/11/2008)

REPLY to Response to Motion re 35 MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Attachments: # 1 Exhibit 1 −− 30(b)(6) Deposition Transcript Excerpts, # 2 Exhibit 2 −− Employee Notice)(Langford, Anne) (Entered: 01/11/2008)

COVER LETTER ORDER : attached is a Memorandum Opinion that is being filed and submitted for publishing today. Signed by Magistrate Judge Susan K. Gauvey on 1/14/08. (Attachments: # 1 Memorandum Opinion)(slf, Deputy Clerk) (Entered: 01/15/2008)

NOTICE of Acceptance with Offer of Judgment by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano (Attachments: # 1 Exhibit A −− Rule 68 Offer, # 2 Exhibit B −− Acceptance of Rule 68 Offer)(Langford, Anne) (Entered: 02/01/2008)

Motion Hearing held on 2/7/2008 re 35 MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice filed by Ivan Aplicano, Manuel Carrera, Alexander Figueroa, Giovanni (Henry) Montoya; Oral argument of counsel; Case −"Held Sub−Curia"−, for reasons stated in open Court, held before Judge Catherine C. Blake. (Court Reporter G. Simpkins.) (rhl, Deputy Clerk) (Entered: 02/08/2008)

ORDER REFERRING CASE to Magistrate Judge Charles B. Day for Settlement. Signed by Judge Catherine C. Blake on 2/20/08. (pkf, Deputy Clerk) (Entered:

MEMORANDUM. Signed by Judge Catherine C. Blake on 2/26/08. (jnl, Deputy Clerk) (Entered: 02/26/2008)

ORDER granting 35 Motion of plaintiffs for Conditional Class Certification; approving plaintiffs proposed Alternative Notice Plan; directing status report is due 3/21/08. Signed by Judge Catherine C. Blake on 2/26/08. (jnl, Deputy Clerk) (Entered: 02/26/2008)

ORDER scheduling settlement conference. Signed by Magistrate Judge Charles B. Day on 3/3/08. (jnl, Deputy Clerk) (Entered: 03/03/2008)

(FILED IN ERROR) STIPULATION for Extension of Time by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) Modified on 3/14/2008 (jnl, Deputy Clerk). (Entered: 03/14/2008)

STATUS REPORT Regarding Alternative Notice Efforts by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Langford, Anne) (Entered: 03/21/2008)

STATUS REPORT by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) (Entered: 03/24/2008)

Correspondence re: rescheduling settlement conference. Reply required. (bab, Chambers) (Entered: 04/21/2008)

Correspondence confirming the rescheduled settlement conference. (bab, Chambers) (Entered: 04/22/2008)

MOTION for Order to Show Cause , for Extension of Opt−In Period, and for Other Related Relief by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano Responses due by 5/12/2008 (Attachments: # 1 Memorandum in Support of Motion, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G)(Langford, Anne) (Entered: 04/24/2008)

Local Rule 104.7 Certificate. (Attachments: # 1 Plaintiffs' Motion to Compel, # 2 Defendants' Opposition, # 3 Plaintiffs' Reply)(Langford, Anne) (Entered: 04/25/2008)

RESPONSE in Opposition re 59 MOTION for Order to Show Cause , for Extension of Opt−In Period, and for Other Related Relief filed by S.C.C.P. Painting Contractors, Inc.. Replies due by 5/22/2008. (Attachments: # 1 Text of Proposed Order)(Whittenberger, G) (Entered: 05/08/2008)

REPLY to Response to Motion re 59 MOTION for Order to Show Cause , for Extension of Opt−In Period, and for Other Related Relief filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Langford, Anne) (Entered: 05/15/2008)

Supplemental to 61 Response in Opposition to Motion, filed by S.C.C.P. Painting Contractors, Inc.. (Attachments: # 1 Exhibit)(Whittenberger, G) (Entered: 05/19/2008)

MOTION for Protective Order and To Quash Subpoena by S.C.C.P. Painting Contractors, Inc. Responses due by 6/9/2008 (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Whittenberger, G) (Entered: 05/21/2008)

NOTICE by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano (Attachments: # 1 FLSA Consent Forms)(Varela, Laura) (Entered: 05/27/2008)

Settlement Conference held on 5/28/2008 before Magistrate Judge Charles B. Day. (bab, Chambers) (Entered: 05/29/2008)

NOTICE by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano (Attachments: # 1 FLSA Consent Form)(Varela, Laura) (Entered: 06/09/2008)

RESPONSE in Opposition re 64 MOTION for Protective Order and To Quash Subpoena filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. Replies due by 6/23/2008. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Varela, Laura) (Entered: 06/09/2008)

Telephone Motions Conference held on 6/17/2008 held before Magistrate Judge Susan K. Gauvey. (jnl, Deputy Clerk) (Entered: 06/18/2008)

ORDER granting 60 Motion of plaintiffs to CompelDiscovery; denying 64 Motion of defendants for Protective Order and to quash subpoena. Signed by Magistrate Judge Susan K. Gauvey on 6/18/08. (jnl, Deputy Clerk) (Entered: 06/18/2008)

Correspondence re: scheduling settlement conference. Reply required. (bab, Chambers) (Entered: 06/27/2008)

Settlement Conference − setting (bab, Chambers) (Entered: 06/30/2008)

NOTICE by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano (Attachments: # 1 FLSA Consent Form)(Varela, Laura) (Entered: 07/17/2008)

Magistrate Judge Charles B. Day no longer assigned to case. (jnl, Deputy Clerk) (Entered: 07/22/2008)

Settlement Conference held on 7/22/2008 before Magistrate Judge Charles B. Day. (bab, Chambers) (Entered: 07/22/2008)

Correspondence re: Status Report due 7/30/08 (Blake, Catherine) (Entered: 07/25/2008)

STATUS REPORT by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) (Entered: 07/30/2008)

STATUS REPORT by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Varela, Laura) (Entered: 07/30/2008)

MOTION to Amend/Correct 15 Answer to Complaint Responses due by 8/21/2008 (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Whittenberger, G) (Entered: 08/04/2008)

ORDER Setting Deadlines for filing Motion for Leave to File Amended Complaint and Summary Judgment. Signed by Judge Catherine C. Blake on 8/6/08(cag, Deputy Clerk) (Entered: 08/07/2008)

MOTION for Leave to File by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano Responses due by 8/28/2008 (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Varela, Laura) (Entered: 08/11/2008)

RESPONSE in Opposition re 76 MOTION to Amend/Correct 15 Answer to Complaint filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. Replies due by 9/4/2008. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Varela, Laura) (Entered: 08/21/2008)

RESPONSE in Opposition re 78 MOTION for Leave to File Amended Summons and Complaint filed by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. Replies due by 9/11/2008. (Attachments: # 1 Text of Proposed Order)(Whittenberger, G) (Entered: 08/28/2008)

MOTION for Partial Summary Judgment by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano Responses due by 9/15/2008 (Attachments: # 1 Memorandum In Support, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11)(Varela, Laura) (Entered: 08/29/2008)

REPLY to Response to Motion re 76 MOTION to Amend/Correct 15 Answer to Complaint filed by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Attachments: # 1 Exhibit A)(Whittenberger, G) (Entered: 09/04/2008)

Magistrate Judge Susan K. Gauvey no longer assigned to case. (jnl, Deputy Clerk) (Entered: 09/09/2008)

REPLY to Response to Motion re 78 MOTION for Leave to File filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Varela, Laura) (Entered: 09/11/2008)

STIPULATION re 81 MOTION for Partial Summary Judgment OF EXTENSION OF TIME by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) (Entered: 09/11/2008)

PAPERLESS ORDER APPROVING 84 Stipulation until September 29, 2008 to respond to the Motion for partial summary judgment. Signed by Judge Catherine C. Blake on September 11, 2008. (Blake, Catherine) (Entered: 09/11/2008)

STIPULATION re 81 MOTION for Partial Summary Judgment of Extension of Time by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) (Entered: 09/29/2008)

PAPERLESS ORDER GRANTING 86 Stipulation for Extension of time until October 1, 2008 to respond. Signed by Judge Catherine C. Blake on September 30, 2008. (Blake, Catherine) (Entered: 09/30/2008)

RESPONSE in Opposition re 81 MOTION for Partial Summary Judgment filed by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. Replies due by 10/15/2008. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order, # 5 Request for Hearing)(Whittenberger, G) (Entered: 10/01/2008)

REPLY to Response to Motion re 81 MOTION for Partial Summary Judgment filed by Victor Samuel Rodas, Melvin Cifuentes, Gustavo Reyes, Elmo Mauricio Chavarria, Elmar Reyes, Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Langford, Anne) (Entered: 10/10/2008)

MEMORANDUM. Signed by Judge Catherine C. Blake on 12/16/08. (jnl, Deputy Clerk) (Entered: 12/16/2008)

ORDER denying 76 Motion of defendants to Amend answer; granting 78 Motion of plaintiffs for Leave to File amended summons and complaint; granting 81 Motion of plaintiffs for Partial Summary Judgment; dismissing Giovanni Sulmonte from the case. Signed by Judge Catherine C. Blake on 12/16/08. (jnl, Deputy Clerk) (Entered: 12/16/2008)

AMENDED COMPLAINT against Ascenzo Sulmonte, S.C.C.P. Painting Contractors, Inc., filed by Victor Samuel Rodas, Melvin Cifuentes, Gustavo Reyes, Elmo Mauricio Chavarria, Elmar Reyes, Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Attachments: # 1 Redline Amended Complaint)(jnl, Deputy Clerk) (Entered: 12/16/2008)

ANSWER to Complaint Amended Complaint by Ascenzo Sulmonte.(Whittenberger, G) (Entered: 12/23/2008)

ANSWER to 92 Amended Complaint, by S.C.C.P. Painting Contractors, Inc..(Whittenberger, G) (Entered: 12/23/2008)

Correspondence re: Proposed Schedule (Blake, Catherine) (Entered: 12/29/2008)

STATUS REPORT (Regarding Court−Requested Jointly−Proposed Schedule) by S.C.C.P. Painting Contractors, Inc., Victor Samuel Rodas, Melvin Cifuentes, Gustavo Reyes, Elmo Mauricio Chavarria, Elmar Reyes, Ascenzo Sulmonte, Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Attachments: # 1 Text of Proposed Order)(Langford, Anne) (Entered: 01/07/2009)