Case details

Court: cacd
Docket #: 2:06-cv-07550
Case Name: Linda Burke v. CitiMortgage Inc et al
PACER case #: 378840
Date filed: 2006-11-28
Date terminated: 2008-10-07
Assigned to: Judge Audrey B. Collins
Referred to: Magistrate Judge Patrick J. Walsh
Case Cause: 29:201 Fair Labor Standards Act
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Linda Burke
Plaintiff
on behalf of herself and all others similarly situated
Diana M Khoury
Cohelan Khoury & Singer 605 C St, Ste 200 San Diego, CA 92101-5305 619-595-3001 Email: dkhoury@ck-lawfirm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael D Singer
Cohelan Khoury & Singer 605 C Street Suite 200 San Diego, CA 91982 619-595-3001 Fax: 619-595-3000 Email: msinger@ckslaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

CitiMortgage Inc
Defendant
a New York corporation
Carla J Feldman
Arent Fox LLP 555 West Fifth Street 48th Floor Los Angeles, CA 90013 213.443.7594 Fax: 213.629.7401 Email: feldman.carla@arentfox.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daryl S Landy
Morgan Lewis and Bockius Two Palo Alto Square 3000 El Camino Real Suite 700 Palo Alto, CA 94306-2212 650-843-4000 Email: dlandy@morganlewis.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason M Steele
Morgan Lewis & Bockius 300 S Grand Ave, 22nd Fl Los Angeles, CA 90071-3132 213-612-2500 Email: jsteele@morganlewis.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sarah E Bouchard
Morgan Lewis and Bockius 1701 Market Street Philadelphia, PA 19103 215-963-5077
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Does
Defendant
1-100, inclusive
CitiGroup Inc.
Defendant
Daryl S Landy
Morgan Lewis and Bockius 3000 El Camino Real Suite 700 Palo Alto, CA 94306-2212 650-843-4000 Email: dlandy@morganlewis.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2006-11-28 1 0 ORIGINAL COMPLAINT against defendant CitiMortgage Inc.(Filing fee $ 350 Paid) Jury Demanded. , filed by plaintiff Linda Burke. The original document was filed in Southern District of California at San Diego, Case Number 3:06-cv-01731 IEG-BLM, document number 1 on 8/24/06.(rrey, ) (Entered: 12/04/2006)
2006-11-28 2 0 CONFORMED COPY OF ORDER by Judge Irma E. Gonzalez granting Joint Motion to transfer venue to the Central District of California and denying as moot defendants motion to dismiss stay or transfer. The original document was filed in Southern District of California at San Diego, Case Number 3:06-cv-01731 IEG-BLM, document number 10 on 11/15/06.(rrey, ) (Entered: 12/04/2006)
2006-11-28 3 0 NOTICE OF RECEIPT OF CASE TRANSFERRED IN. (rrey, ) (Entered: 12/04/2006)
2006-11-28 4 0 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(rrey, ) (Entered: 12/04/2006)
2006-12-01 5 0 STANDING ORDER for cases assigned to Judge Dale S. Fischer,(bp, ) (Entered: 12/04/2006)
2006-12-20 6 0 NOTICE of Related Case(s) filed by Defendant CitiMortgage Inc. Related Case(s): CV 06-5135 ABC (PJWx) (rn, ) (Entered: 12/27/2006)
2007-01-04 7 0 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 -Related Case- filed. Related Case No: CV 06-5135 ABC (PJWx). Case transfered from Judge Dale S. Fischer and Frederick F. Mumm to Judge Audrey B. Collins and Patrick J. Walsh for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 06-7550 ABC (PJWx).Signed by Judge Audrey B. Collins (rn, ) (Entered: 01/04/2007)
2007-02-23 8 0 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Sara E. Bouchard as counsel for Defendant CitiMortgage Inc, Approved by Judge Audrey B. Collins.(bp, ) (Entered: 02/23/2007)
2007-02-21 9 0 APPLICATION of Sarah E. Bouchard for Leave to Appear Pro Hac Vice. FEE PAID. filed by defendant CitiMortgage Inc. Lodged proposed order. (bp, ) (Entered: 02/26/2007)
2007-03-02 10 0 ORDER by Judge Audrey B. Collins: This matter is set for a Pretrial/Scheduling Conference on 7/9/2007 10:00 AM before Judge Audrey B. Collins.(bp, ) (Entered: 03/05/2007)
2007-03-01 11 0 NOTICE of appearance filed by defendant CitiMortgage Inc. (bp, ) (Entered: 03/07/2007)
2007-07-05 12 0 STIPULATION AND ORDER by Judge Audrey B. Collins : that the Pretiral/Scheduling Conference shall be continued to 10/15/2007 10:00 AM before Judge Audrey B. Collins.(bp) (Entered: 07/06/2007)
2007-09-21 13 0 STIPULATION AND ORDER by Judge Audrey B. Collins: Pretrial/Scheduling Conference shall be continued to 12/3/2007 10:00 AM and the Joint Rule 26(f) Report shall be filed not later than one week before the scheduling conference.(ir) (Entered: 09/24/2007)
2007-11-28 14 0 STIPULATION AND ORDER by Judge Audrey B. Collins, Continuing the Pretrial/Scheduling Conference to 2/4/2008 at 10:00 AM before Judge Audrey B. Collins. (es) (Entered: 12/03/2007)
2008-01-29 15 0 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Audrey B. Collins ORDERING Joint Rule 26(f) Report for Scheduling submitted by Plaintiff Linda Burke received on 1/29/08 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (es) (Entered: 02/04/2008)
2008-01-29 16 0 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial not stated, filed by Plaintiff Linda Burke, Defendant CitiMortgage Inc.. (es) (Entered: 02/04/2008)
2008-02-04 17 0 MINUTES OF Status Conference held before Judge Audrey B. Collins. Counsel indicate the case has settled. Motions for preliminary approval of settlement and dismissal is due March 17, 2008. Absent the dismissal, aStatus Conference is set for 3/24/2008 10:00 AM before Judge Audrey B. Collins. A joint status report shall be submitted no later than March 17, 2008.Court Reporter: Katherine Stride. (da) (Entered: 02/05/2008)
2008-03-17 18 0 STATUS REPORT (Joint Status Conference Report) filed by Defendant CitiMortgage Inc. (Landy, Daryl) (Entered: 03/17/2008)
2008-03-24 19 0 MINUTES OF (Telephonic) Final Status Conference held before Judge Audrey B. Collins :Counsel report settlement of action is pending final documentation. A further Status Conference is scheduled on April 7, 2008, at 10:00AM. A joint status report shall be submitted no later than April 2, 2008. Court Reporter: Katherine Stride. (es) (Entered: 03/25/2008)
2008-04-02 20 0 STIPULATION to Consolidate Cases as to CV06-7550 ABC (PJWx) and CV06-5135 ABC (PJWx) filed by CitiMortgage, Inc. CitiMortgage Inc. (Attachments: # 1 Exhibit A)(Landy, Daryl) (Entered: 04/02/2008)
2008-04-02 21 0 CERTIFICATE OF SERVICE filed by Defendant CitiMortgage, Inc. CitiMortgage Inc, re Stipulation to Consolidate Cases 20 and [Proposed] Order served on April 2, 2008. (Landy, Daryl) (Entered: 04/02/2008)
2008-04-02 22 0 FIRST AMENDED COMPLAINT against Defendant CitiMortgage Inc amending Complaint - (Discovery), Complaint - (Discovery) 1 First Amended and Consolidated Class and Collective Action Complaint,filed by Defendant CitiMortgage, Inc. CitiMortgage Inc (Landy, Daryl) (Entered: 04/02/2008)
2008-04-02 23 0 STATUS REPORT Joint Status Conference Report filed by Defendant CitiMortgage Inc. (Landy, Daryl) (Entered: 04/02/2008)
2008-04-04 24 0 NOTICE OF MOTION AND Joint MOTION for Settlement Approval of [Notice of Joint Motion and Joint Motion for Preliminary Approval of Class and Collective Action Settlement] filed by Defendants CitiGroup Inc., CitiMortgage Inc.Motion set for hearing on 4/28/2008 at 10:00 AM before Judge Audrey B. Collins. (Landy, Daryl) (Entered: 04/04/2008)
2008-04-04 25 0 MEMORANDUM in Support of Joint MOTION for Settlement Approval of [Notice of Joint Motion and Joint Motion for Preliminary Approval of Class and Collective Action Settlement]Joint MOTION for Settlement Approval of [Notice of Joint Motion and Joint Motion for Preliminary Approval of Class and Collective Action Settlement] 24 and for Approval of Class Notice and Setting of Final Approval Hearing filed by Plaintiff Linda Burke, Defendants CitiMortgage Inc, CitiGroup Inc.. (Landy, Daryl) (Entered: 04/04/2008)
2008-04-04 26 0 DECLARATION of Isam C. Khoury in support of Joint MOTION for Settlement Approval of [Notice of Joint Motion and Joint Motion for Preliminary Approval of Class and Collective Action Settlement]Joint MOTION for Settlement Approval of [Notice of Joint Motion and Joint Motion for Preliminary Approval of Class and Collective Action Settlement] 24 filed by Plaintiff Linda Burke. (Attachments: # 1 Exhibit 1: Stipulation and Settlement Agreement# 2 Exhibit A; Notice of Class Action# 3 Exhibit B; Settlement Claim Form# 4 Exhibit C; Consent to Join Settlement# 5 Exhibit D; Proposed Order Granting Preliminary Approval# 6 Exhibit E; CAFA Letter# 7 Exhibit F; Cure Letter# 8 Exhibit G; Cure Letter II)(Singer, Michael) (Entered: 04/04/2008)
2008-04-04 27 0 COMPENDIUM OF AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL re Joint MOTION for Settlement Approval of [Notice of Joint Motion and Joint Motion for Preliminary Approval of Class and Collective Action Settlement]Joint MOTION for Settlement Approval of [Notice of Joint Motion and Joint Motion for Preliminary Approval of Class and Collective Action Settlement] 24 filed by Plaintiff Linda Burke. (Singer, Michael) (Entered: 04/04/2008)
2008-04-04 28 0 DECLARATION OF SERVICE OF SERVICE filed by PLAINTIFF Linda Burke, re Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 26 , Motion Related Document, 27 served on 4/4/2008. (Singer, Michael) (Entered: 04/04/2008)
2008-04-04 29 0 STATUS REPORT JOINT CONFERENCE REPORT filed by Plaintiff Linda Burke. (Attachments: # 1 Declaration of Service)(Singer, Michael) (Entered: 04/04/2008)
2008-04-07 30 0 ORDER by Judge Audrey B. Collins, re Stipulation to Consolidate Cases 20 IT IS HEREBY ORDERED that pursuant to the Stipulation filed herewith, the Giusti-Mangiameli v. CitiMortgage, Inc., C.D.Cal. Case No. CV 06-5135 ABC (PJWx) and Burke v. CitiMortgage, Inc., C.D.Cal Case No. CV 06-7550 ABC (PJWx) cases shall be consolidated and that the proposed First Amended and Consolidated Class and Collective Action Complaint attached as Exhibit A shall be filed as Burke, et al. v. CitiMortgage, Inc. for purposes of effecting the proposed class settlement which the parties shall be submitting to the court for approval. Cases associated with Lead Case 2:06-CV-5135 (es) (Entered: 04/08/2008)
2008-04-07 31 0 MINUTES OF Final Status Conference held before Judge Audrey B. Collins: The hearing on the motion for preliminary approval of settlement is scheduled on April 28, 2008, at 10:00AM. A written request for notary of settlement of parties is due no later than April 11, 2008. Court Reporter: Katherine Stride. (bm) (Entered: 04/10/2008)
2008-04-11 32 0 NOTICE of Points and Authorities in Support of Plaintiffs' version of consent to join form filed by plaintiff Linda Burke. (Attachments: # 1 Declaration of Morgan Mack in Support of Plaintiffs' Version of Consent to Join Form# 2 Declaration of Service)(Khoury, Diana) (Entered: 04/11/2008)
2008-04-11 33 0 NOTICE OF ERRATA TO STIPULATION AND SETTLEMENT AGREEMENT filed by PLAINTIFF Linda Burke. (Attachments: # 1 Exhibit 1; STIPULATION AND SETTLEMENT AGREEMENT# 2 Exhibit A; NOTICE OF CLASS ACTION SETTLEMENT# 3 Exhibit B; SETTLEMENT CLAIM FORM# 4 Exhibit C; CONSENT TO JOIN FORM# 5 Exhibit D; PROPOSED PRELIMINARY APPROVAL ORDER# 6 Exhibit E; CAFA LETTER# 7 Exhibit F; CURE LETTER VERSION I# 8 Exhibit G; CURE LETTER VERSION II# 9 Declaration OF PROOF OF SERVICE)(Khoury, Diana) (Entered: 04/11/2008)
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2008-04-16 34 0 IN CHAMBERS MINUTES OF Judge Audrey B. Collins re: CONSENT TO JOIN FORM, the Court FINDS the Defendants' position more persuasive and will adopt Defendants' version of the form at the April 28, 2008 hearing. The Court FINDS that the notarization requirement is a reasonable way to protect against fraudulent claims, and rejects Plaintiffs' late objection to the requirement.Court Reporter: not reported. (da) (Entered: 04/16/2008)
2008-04-28 35 0 ORDER GRANTING PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT by Judge Audrey B. Collins. The Court finds on a preliminary basis that the settlement memorialized in the Stipulation, filed with the Court, falls within the range of reasonableness and therefore approves the settlement on a preliminary basis. (see attached order for further details) (es) (Entered: 04/30/2008)
2008-05-07 36 0 NOTICE of Change of Attorney Information for attorney Diana M Khoury counsel for Plaintiff Linda Burke. Adding Diana M. Khoury as attorney as counsel of record for Plaintiff Linda Burke for the reason indicated in the G-06 Notice. Filed by plaintiff Linda Burke (Khoury, Diana) (Entered: 05/07/2008)
2008-09-26 37 0 NOTICE OF MOTION AND MOTION for Attorney Fees , Reimbursement of Expenses, and Enhancement Awards to the Named Plaintiffs; Memorandum of Points and Authorities in Support Thereof (Approval) filed by Defendants CitiMortgage Inc, CitiGroup Inc.. Motion set for hearing on 10/6/2008 at 10:00 AM before Judge Audrey B. Collins. (Landy, Daryl) (Entered: 09/26/2008)
2008-09-26 38 0 DECLARATION of Linda Giusti-Mangiameli in Support of MOTION for Attorney Fees , Reimbursement of Expenses, and Enhancement Awards to the Named Plaintiffs; Memorandum of Points and Authorities in Support Thereof (Approval) MOTION for Attorney Fees , Reimbursement of Expenses, and Enhancement Awards to the Named Plaintiffs; Memorandum of Points and Authorities in Support Thereof (Approval) 37 filed by Defendants CitiMortgage Inc, CitiGroup Inc.. (Landy, Daryl) (Entered: 09/26/2008)
2008-09-26 39 0 NOTICE OF MOTION AND Joint MOTION for Settlement Approval of Final Approval of Class and Collective Action Settlement; Memorandum of Points and Authorities Thereof filed by Defendants CitiMortgage Inc, CitiGroup Inc.. Motion set for hearing on 10/6/2008 at 10:00 AM before Judge Audrey B. Collins. (Landy, Daryl) (Entered: 09/26/2008) 2012-02-15 14:35:16 db919d09aac313b3c48f5c8a0ee0804031e749f7
2008-09-26 40 0 DECLARATION of Angeli Murthy in Support of Joint MOTION for Settlement Approval of Final Approval of Class and Collective Action Settlement; Memorandum of Points and Authorities Thereof 39 filed by Defendants CitiMortgage Inc, CitiGroup Inc.. (Landy, Daryl) (Entered: 09/26/2008) 2012-02-15 14:36:18 a1eab9bc873c1f7aa670f38082d7ac3bbd5dacf6
2008-09-26 41 0 DECLARATION of Amanda J. Myette in Support of Joint MOTION for Settlement Approval of Final Approval of Class and Collective Action Settlement; Memorandum of Points and Authorities Thereof 39 filed by Defendants CitiMortgage Inc, CitiGroup Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Landy, Daryl) (Entered: 09/26/2008) 2012-02-15 14:38:55 9416d04c9e7b5131a6ddcef5cef6ad8891a2f9ef
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2008-09-26 42 0 DECLARATION of Isam C. Khoury in Support of Joint MOTION for Settlement Approval of Final Approval of Class and Collective Action Settlement; Memorandum of Points and Authorities Thereof 39 filed by Defendants CitiMortgage Inc, CitiGroup Inc.. (Attachments: # 1 Exhibit A)(Landy, Daryl) (Entered: 09/26/2008)
2008-09-26 43 0 DECLARATION of Michael J. Procopio in Support of Joint MOTION for Settlement Approval of Final Approval of Class and Collective Action Settlement; Memorandum of Points and Authorities Thereof 39 filed by Defendants CitiMortgage Inc, CitiGroup Inc.. (Attachments: # 1 Exhibit A)(Landy, Daryl) (Entered: 09/26/2008)
2008-09-26 44 0 DECLARATION of H. Tim Hoffman in Support of Joint MOTION for Settlement Approval of Final Approval of Class and Collective Action Settlement; Memorandum of Points and Authorities Thereof 39 filed by Defendants CitiMortgage Inc, CitiGroup Inc.. (Attachments: # 1 Exhibit 1)(Landy, Daryl) (Entered: 09/26/2008)
2008-10-01 45 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Hearing information is not timely; Proposed document was not submitted as separate attachment RE: MOTION for Attorney Fees , Reimbursement of Expenses, and Enhancement Awards to the Named Plaintiffs; Memorandum of Points and Authorities in Support Thereof (Approval) 37 . 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. (ir) (Entered: 10/01/2008)
2008-10-01 46 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Hearing information is not timely; Proposed document was not submitted as separate attachment RE: Joint MOTION for Settlement Approval of Final Approval of Class and Collective Action Settlement; Memorandum of Points and Authorities Thereof 39 . 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. (ir) (Entered: 10/01/2008)
2008-10-02 47 0 DECLARATION of Linda Burke In Support Of MOTION for Attorney Fees , Reimbursement of Expenses, and Enhancement Awards to the Named Plaintiffs; Memorandum of Points and Authorities in Support Thereof (Approval) MOTION for Attorney Fees , Reimbursement of Expenses, and Enhancement Awards to the Named Plaintiffs; Memorandum of Points and Authorities in Support Thereof (Approval) 37 filed by Plaintiff Linda Burke. (Attachments: # 1 Declaration of Service on Parties)(Khoury, Diana) (Entered: 10/02/2008)
2008-10-02 48 0 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins RE: FINAL APPROVAL HEARING 39 : On September 26, 2008, the parties jointly filed both a Motion for Final Approval of Class 39 and Collective Action Settlement, and a Motion for Approval of Attorneys' Fees, Reimbursement of Expenses, and Enhancement Awards to the Named Plaintiffs 37 . Pursuant to the Court's April 28, 2008 Order Granting Preliminary Approval of Class and Collective Action Settlement, both Motions were set for hearing on October 6, 2008, at 10:00 a.m. The Court has now reviewed the Motions and supporting documents, and finds both Motions appropriate for resolution without oral argument. See Fed. R. Civ. P. 78(b); Local Rule 7-15. The Court therefore VACATES the hearing set for October 6, 2008, and takes both matters UNDER SUBMISSION. (bm) (Entered: 10/03/2008)
2008-10-07 49 0 NOTICE OF LODGING filed Proposed Order re MOTION for Attorney Fees , Reimbursement of Expenses, and Enhancement Awards to the Named Plaintiffs; Memorandum of Points and Authorities in Support Thereof (Approval) MOTION for Attorney Fees , Reimbursement of Expenses, and Enhancement Awards to the Named Plaintiffs; Memorandum of Points and Authorities in Support Thereof (Approval) 37 (Attachments: # 1 Exhibit 1-Proposed Order Granting Award of Attorneys' Fees, Reimbursement of Expenses, and Enhancement Awards to the Named Plaintiffs, # 2 Declaration of Service on Interested Parties)(Khoury, Diana) (Entered: 10/07/2008)
2008-10-07 50 0 NOTICE OF LODGING filed Proposed Final Approval Order re Joint MOTION for Settlement Approval of Final Approval of Class and Collective Action Settlement; Memorandum of Points and Authorities Thereof 39 (Attachments: # 1 Exhibit 1- Proposed Order Granting Final Approval of Class and Collective Action Settlement; Final Judgment, # 2 Declaration of Service on Interested Parties)(Khoury, Diana) (Entered: 10/07/2008)
2008-10-07 51 0 ORDER by Judge Audrey B. Collins, re MOTION for Attorney Fees 37 . The Court finds that class counsel, having conferred a benefit on absent class members and having expended efforts to secure a benefit to the class is entitled to a fee and accordingly, approves the application of class counsel, Hoffman & Lazear, Law Offices of Michael J. Procopio, and Cohelan & Khoury for $2,100,00 for their attorneys' fees and $19,669.59 for their litigation expenses. The Court further approves the enhancement to each of the two named plaintiffs, Linda Burke and Linda Guisti-Mangiameli in the amount of $25,000, each. The Court also hereby approves the payment of Rust Consulting, Inc., the appointed claims administrator, of $36,625.40 for services rendered an to be rendered in connection with administration of the settlement and the completion of its duties pursuant to the settlement. The Court further approves the payment of the California Labor and Workforce Development Agency as consideration for the release of PAGA claims of $54,000, pursuant to the settlement. (bp) (Entered: 10/15/2008)
2008-10-07 52 0 ORDER GRANTING FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT; FINAL JUDGMENT by Judge Audrey B. Collins,, (Made JS-6. Case Terminated.) (bp) (Entered: 10/15/2008)
2009-03-04 53 0 NOTICE Of Satisfied Judgment filed by Plaintiff Linda Burke. (Attachments: # 1 Declaration of Proof of Service)(Khoury, Diana) (Entered: 03/04/2009)
2009-04-13 54 0 ORDER by Judge Audrey B. Collins pursuant to the Stipulation: (1) the third-party claims administrator, Rust Consulting, is required to file all submitted Consent to Join Settlement forms with the Court; (2) all pending claims for relief are dismissed with prejudice; and (3) the entire action is dismissed with prejudice. (ir) (Entered: 04/14/2009)