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15-4644 - Esparza et al v. Kostmayer Construction, LLC et al


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15-4644 - Esparza et al v. Kostmayer Construction, LLC et al
July 1, 2016
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ORDER AND REASONS granting 7 Motion to Certify Class. IT IS ORDERED that Esparzas motion to conditionally certify this matter as a collective action under the FLSA is GRANTED. The Court conditionally certifies this matter as a collective action with respect to all individuals who worked or are working performing manual labor for Kostmayer Construction LLC during the previous three years and who are eligible for overtime pay pursuant to the FLSA, 29 U.S.C. ยง 207, and who did not receive full overtime compensation.IT IS FURTHER ORDERED that Esparza file a revised notice form and a revised opt-in consent form in accordance with this order by July 8, 2016.IT IS FURTHER ORDERED that Defendants produce to Esparza a list of the names, last-known mailing addresses, email addresses, and dates of employment of all potential class members by July 15, 2016.IT IS FURTHER ORDERED that class members seeking to opt in to this case will have 90 days from the date on which the notice and consent forms are mailed to opt in to the lawsuit. Signed by Judge Susie Morgan on 7/1/16. (cg)
December 14, 2016
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ORDER granting 64 Motion to Compel Responses to Written Discovery. IT IS HEREBY ORDERED that the Motion to Compel is GRANTED; to the extent Kostmayer has not already done so, within ten days it shall supplement its discovery responses by producing Plaintiffs' paycheck stubs, records of per diem payments to Plaintiffs, records reflecting hours worked by each Plaintiff on a daily basis, and any other documents in Kostmayer's possession reflecting payments made to the Plaintiffs. Signed by Judge Janis van Meerveld on 12/14/2016. (cg)
August 3, 2017
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ORDER re 90 MOTION for Attorney Fees. ORDERED that the Plaintiff's motion for attorneys' fees and costs is GRANTED insofar as the Court finds the Plaintiffs are entitled to attorneys' fees and costs. FURTHER ORDERED that the motion be referred to the United States Magistrate Judge for determination of the amount of attorneys' fees owed. Motion(s) referred to Janis van Meerveld. Signed by Judge Susie Morgan on 8/3/2017. (cc: VAN MEERVELD) (clc) Modified on 8/10/2017 (bwn).
September 26, 2017
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Meerveld on 9/26/2017.(ajn)REPORT AND RECOMMENDATIONS: IT IS RECOMMENDED that Defendants pay Plaintiff's $40,080 in Attorneys' fees. Defendants' request for Oral Argument is DENIED. Objections to R&R due by 10/10/2017. Signed by Magistrate Judge Janis van
October 13, 2017
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sie Morgan.(bwn)ORDER ADOPTING REPORT AND RECOMMENDATIONS 103. IT IS ORDERED that Plaintiffs' 90 motion for attorneys' fees is GRANTED. IT IS FURTHER ORDERED that Defendants pay Plaintiffs $40,080.00 in attorneys' fees. Signed by Judge Su