BURROWS Et Al v. COMBINED INSURANCE COMPANY OF AMERICA Et Al Docket

LIVE 4.1.1 CM/ECF - U.S. District Court for Eastern California https://ecf.caed.uscourts.gov/cgi-bin/DktRpt.pl?123128192576...
CIVIL
U.S. District Court

Eastern District of California - Live System (Sacramento)
CIVIL DOCKET FOR CASE #: 2:08-cv-01752-JAM-KJN
Burrows et al v. Combined Insurance Company of America Date Filed: 07/29/2008

et al Jury Demand: Plaintiff
Assigned to: Judge John A. Mendez Nature of Suit: 790 Labor: Other
Referred to: Magistrate Judge Kendall J. Newman Jurisdiction: Federal Question
Cause: 05:704 Labor Litigation
Plaintiff
Kimberly Burrows represented by Dina S. Livhits
Initiative Legal Group, LLP
1800 Century Park East
Second Floor
Los Angeles, CA 90067
(310) 556-5637
Fax: (310) 861-9051
Email: dlivhits@initiativelegal.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Gene Franklin Williams

Initiative Legal Group Apc
Second Floor
310-556-5637
Fax: 310-861-9051
Email: gwilliams@initiativelegal.com
LEAD ATTORNEY
Jamie Rebecca Greene

Initiative Legal Group
Second Floor
(310) 556-5637
Fax: (310) 861-9051
Email: jgreene@initiativelegal.com
LEAD ATTORNEY
1 of 10 9/9/10 4:27 PM
Mark Philip Pifko

Initiative Legal Group Apc
Second Floor
310-556-5637
Fax: 310-861-9051
Email: mpifko@initiativelegal.com
LEAD ATTORNEY
Matthew T. Theriault
Initiative Legal Group LLP
2nd Floor
310-556-5637
Fax: 310-861-9051
Email: mtheriault@initiativelegal.com
TERMINATED: 03/29/2010
Orlando J. Arellano
2nd Floor
310-556-5637
Fax: 310-861-9051
Email: oarellano@initiativelegal.com
Rebecca Labat
Initiative Legal Group
2nd Floor
310-556-5637
Email: rlabat@initiativelegal.com
Shawn Charles Westrick

2 of 10 9/9/10 4:27 PM
2nd Floor
310-556-5637
Fax: 310-861-9051
Email: SWestrick@InitiativeLegal.com
Plaintiff
Kurt Brunner represented by Dina S. Livhits
(See above for address)
LEAD ATTORNEY

LEAD ATTORNEY

LEAD ATTORNEY
Mark Philip Pifko

LEAD ATTORNEY
Orlando J. Arellano
Rebecca Labat

Plaintiff
3 of 10 9/9/10 4:27 PM
Susanne Townsend represented by Dina S. Livhits

LEAD ATTORNEY

LEAD ATTORNEY

LEAD ATTORNEY
Mark Philip Pifko

LEAD ATTORNEY
Orlando J. Arellano
Rebecca Labat

V.
Defendant
Combined Insurance Company of represented by Erica H. Kelley
America Littler Mendelson
50 W. San Fernando Street
14th Floor
San Jose, CA 95113
4 of 10 9/9/10 4:27 PM
4089984150
Fax: 4082885686
Email: ekelley@littler.com
LEAD ATTORNEY
Marlene S. Muraco
Littler Mendelson
50 West San Fernando Street
15th Floor
San Jose, CA 95113-2303
408-998-4150
Email: mmuraco@littler.com
LEAD ATTORNEY
Defendant
Aon Service Corporation represented by Erica H. Kelley
LEAD ATTORNEY
Marlene S. Muraco
LEAD ATTORNEY
Date Filed # Docket Text

07/29/2008 1 COMPLAINT against all defendants by Kimberly Burrows, Kurt Brunner.
Attorney Westrick, Shawn Charles added. (Attachments: # 1 Civil Cover Sheet,
# 2 Plaintiffs Demand for Trial By Jury)(Westrick, Shawn) (Entered:
07/29/2008)
07/29/2008 RECEIPT number #CAE200008989 $350.00 fbo Kimberly Burrows and Kurt
Brunner by Marc Primo on 7/29/2008. (Kastilahn, A) (Entered: 07/29/2008)
07/29/2008 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent
Forms, # 2 VDRP Forms) (Kastilahn, A) (Entered: 07/29/2008)
07/29/2008 4 SUMMONS ISSUED as to *Kimberly Burrows, Kurt Brunner* with answer to
complaint due within *20* days. Attorney *Shawn Charles Westrick* *Initiative
Legal Group LLP* *1800 Century Park East* *Los Angeles, CA 90067*.
(Kastilahn, A) (Entered: 07/29/2008)
08/27/2008 5 SUMMONS RETURNED EXECUTED by Kimberly Burrows, Kurt Brunner.
Combined Insurance Company of America served on 8/20/2008, answer due
5 of 10 9/9/10 4:27 PM
9/9/2008. (Westrick, Shawn) (Entered: 08/27/2008)

08/27/2008 6 SUMMONS RETURNED EXECUTED by Kimberly Burrows, Kurt Brunner.
Aon Service Corporation served on 8/20/2008, answer due 9/9/2008. (Westrick,
Shawn) (Entered: 08/27/2008)
09/08/2008 7 First AMENDED COMPLAINT against all defendants by Kimberly Burrows,
Kurt Brunner.(Westrick, Shawn) (Entered: 09/08/2008)
09/08/2008 8 SUMMONS ISSUED on First Amended Complaint as to *Combined Insurance
Company of America, Aon Service Corporation* with answer to complaint due
within *20* days. Attorney *Shawn Westrick* *Initiative Legal Group LLP*
*1800 Century Park East, 2nd Floor* *Los Angeles, CA 90067*. (Duong, D)
Modified on 9/8/2008 (Duong, D). (Entered: 09/08/2008)
10/03/2008 9 ANSWER to AMENDED COMPLAINT by Aon Service Corporation. Attorney
Muraco, Marlene S. added.(Muraco, Marlene) Modified on 10/7/2008 (Becknal,
R). (Entered: 10/03/2008)
10/03/2008 10 ANSWER to AMENDED COMPLAINT by Combined Insurance Company of
America. Attorney Muraco, Marlene S. added.(Muraco, Marlene) Modified on
10/7/2008 (Becknal, R). (Entered: 10/03/2008)
11/10/2008 11 MINUTE ORDER: The parties shall file a joint status report on or before
12/12/2008. (TEXT ENTRY ONLY) (Vine, H) (Entered: 11/10/2008)
12/12/2008 12 JOINT SCHEDULING REPORT by Kimberly Burrows, Susanne Townsend,
Kurt Brunner. (Westrick, Shawn) (Entered: 12/12/2008)
12/16/2008 13 STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge John A.
Mendez on 12/15/08 ORDERING that: all named dfts have been served, no
further service, no further joinder of parties or amendments to pleadings are
permitted w/o leave of court; jurisdiction and venue are not contested; all
Dispositive Motions shall be filed by 09/23/09 and set for hearing on 10/21/09 at
9:00 a.m.; Discovery due by 08/21/09; Designation of Expert Witnesses due by
06/12/09, supplemental disclosures due by 06/19/09; Final Pretrial Conference
set for 12/18/09 at 03:00 PM in Courtroom 6 (JAM) before Judge John A.
Mendez. Jury Trial set for 02/08/10 at 09:00 AM in Courtroom 6 (JAM) before
Judge John A. Mendez. This order will become final w/o further order unless
objections are filed w/i 7 days. (Benson, A.) (Entered: 12/16/2008)
02/17/2009 14 NOTICE of APPEARANCE by Rebecca Labat on behalf of Kimberly Burrows,
Susanne Townsend, Kurt Brunner. Attorney Labat, Rebecca added. (Labat,
Rebecca) (Entered: 02/17/2009)
06/10/2009 15 STIPULATION and PROPOSED ORDER for Protective Order by Kimberly
Burrows, Susanne Townsend, Kurt Brunner. (Westrick, Shawn) (Entered:
06/10/2009)
6 of 10 9/9/10 4:27 PM
06/12/2009 16 PROTECTIVE ORDER signed by Judge John A. Mendez on 6/11/09. (Duong,

D) (Entered: 06/12/2009)
06/16/2009 17 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Orlando J.
Arellano, Dina S. Livhits and Matthew T. Theriault for Kimberly Burrows,
Susanne Townsend and Kurt Brunner; attorney Rebecca Labat and Shawn
Charles Westrick terminated (Arellano, Orlando) Modified on 6/17/2009
(Benson, A.). (Entered: 06/16/2009)
07/22/2009 18 MOTION to COMPEL Further Responses to Propounded Interrogatories and
Document Requests by Combined Insurance Company of America, Aon Service
Corporation. Motion Hearing set for 8/19/2009 at 10:00 AM in Courtroom 26
(KJM) before Magistrate Judge Kimberly J. Mueller. (Muraco, Marlene)
(Entered: 07/22/2009)
07/22/2009 19 PROPOSED ORDER re 18 MOTION to COMPEL Further Responses to
Propounded Interrogatories and Document Requests. (Muraco, Marlene)
(Entered: 07/22/2009)
07/22/2009 20 DECLARATION of Erica Kelley in Support of 18 MOTION to COMPEL
Further Responses to Propounded Interrogatories and Document Requests.
(Attachments: # 1 Exhibit A - Part 1 of 2, # 2 Exhibit A - Part 2 of 2, # 3 Exhibit
B - Part 1 of 4, # 4 Exhibit B - Part 2 of 2, # 5 Exhibit B - Part 3 of 4, # 6
Exhibit B- Part 4 of 4, # 7 Exhibit C, # 8 Exhibit D)(Muraco, Marlene) (Entered:
07/22/2009)
07/23/2009 21 CERTIFICATE of SERVICE by Combined Insurance Company of America,
Aon Service Corporation re 18 MOTION to COMPEL Further Responses to
Propounded Interrogatories and Document Requests. (Muraco, Marlene)
(Entered: 07/23/2009)
08/03/2009 22 DECLARATION of Orlando Arellano in OPPOSITION to 18 MOTION to
COMPEL. (Attachments: # 1 Exhibit A)(Arellano, Orlando) Modified on
8/5/2009 (Kaminski, H). (Entered: 08/03/2009)
08/12/2009 23 JOINT STATUS REPORT by Combined Insurance Company of America, Aon
Service Corporation. (Muraco, Marlene) (Entered: 08/12/2009)
08/14/2009 24 JOINT STATEMENT re Discovery Disagreement by Defendants Combined
Insurance Company of America, Aon Service Corporation re 18 Motion to
Compel. Attorney Kelley, Erica H. added. (Kelley, Erica) Modified on
8/19/2009 (Engbretson, K.). (Entered: 08/14/2009)
08/18/2009 25 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gene Franklin
Williams and Dina S. Livhits for Kimberly Burrows, Susanne Townsend and
Kurt Brunner (Livhits, Dina) (Entered: 08/18/2009)
08/19/2009 26 MINUTES for MOTION HEARING proceedings held before Magistrate Judge
Kimberly J. Mueller on 8/19/2009: Court and counsel conferred re defendant's
7 of 10 9/9/10 4:27 PM
18 MOTION to COMPEL. Defendant's motion will be granted and plaintiff will

be given 4 weeks to produce documents. Matter submitted. Order to issue.
Plaintiffs Counsel Orlando Arellano present telephonically. Defendants Counsel
Erica Kelley present telephonically. Court Reporter/CD Number: 1 of 1. (Text
Only) (Caspar, M) (Entered: 08/19/2009)
08/25/2009 27 ORDER granting 18 Motion to Compel signed by Magistrate Judge Kimberly J.
Mueller on 8/24/09. (Kaminski, H) (Entered: 08/25/2009)
08/31/2009 28 MINUTE ORDER: Pursuant to the parties agreement to allow for mediation, the
Courts scheduling order dated 12/15/2008 is vacated and the following schedule
changes are ordered:* Plaintiffs motion for class certification shall be filed on or
before January 6, 2010 and noticed for hearing on February 3, 2010 at 9:00
a.m.* Dispositive motions shall be filed on or before March 10, 2010 and
noticed for hearing onApril 7, 2010 at 9:00 a.m. (TEXT ENTRY ONLY) (Vine,
H) (Entered: 08/31/2009)
11/23/2009 29 STIPULATION and PROPOSED ORDER for Extension of time to file Motion
for Class Certification and dispositive motions by Kimberly Burrows, Susanne
Townsend, Kurt Brunner. (Arellano, Orlando) (Entered: 11/23/2009)
11/24/2009 30 STIPULATION and ORDER signed by Judge John A. Mendez on 11/23/2009 re
29 Stipulation and Proposed Order; Pltf's Motion for Class Certification shall be
filed on or before 3/24/2010 and noticed for hearing on 4/21/2010 at 9:00 a.m.
Dispositive motions shall be filed on or before 5/19/2010 and noticed for
hearing on 6/16/2010 at 9:00 a.m. (Matson, R) (Entered: 11/24/2009)
02/08/2010 31 ORDER by Chief Judge Anthony W. Ishii ORDERING due to the recent
appointment of Magistrate Judge Kendall J. Newman to the bench of the Eastern
District, this action is REASSIGNED from Magistrate Judge Kimberly J.
Mueller to Magistrate Judge Kendall J. Newman. (Deutsch, S) (Entered:
02/08/2010)
03/24/2010 32 MOTION to CERTIFY CLASS by Kimberly Burrows, Susanne Townsend, Kurt
Brunner. Motion Hearing set for 4/21/2010 at 09:00 AM in Courtroom 6 (JAM)
before Judge John A. Mendez. (Attachments: # 1 Points and Authorities, # 2
Declaration of Kimberly Burrows, # 3 Declaration of Kurt Brunner, # 4
Declaration of Suzanne Townsend, # 5 Declaration of Marc Primo, # 6 Proposed
Order Granting Plaintiffs' Motion for Class Certification)(Arellano, Orlando)
(Entered: 03/24/2010)
03/24/2010 33 DECLARATION of Gene Williams in SUPPORT OF 32 MOTION to CERTIFY
CLASS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10
Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Arellano, Orlando)
(Entered: 03/24/2010)
8 of 10 9/9/10 4:27 PM
03/29/2010 34 DESIGNATION of COUNSEL FOR SERVICE. Attorneys Mark Philip Pifko

and Jaime R. Green added as counsel for plaintiffs Kimberly Burrows, Susanne
Townsend, and Kurt Brunner; attorneys Orlando J. Arellano and Matthew T.
Theriault terminated. (Pifko, Mark) Modified on 3/30/2010 (Marciel, M).
(Entered: 03/29/2010)
04/05/2010 35 STIPULATION and PROPOSED ORDER for Vacating Hearing on Plaintiffs'
Motion for Class Certification and Vacating Deadline for Filing Dispositive
Motions Due to Settlement by Combined Insurance Company of America, Aon
Service Corporation. (Muraco, Marlene) (Entered: 04/05/2010)
04/06/2010 36 STIPULATION and ORDER signed by Judge John A. Mendez on 04/05/10
ORDERING that, due to settlement, the hearing on the 32 Motion to Certify the
Class is VACATED; the 05/19/10 deadline for filing dispositive motions and the
06/16/10 deadline for hearing such motions are VACATED. (Benson, A.)
(Entered: 04/06/2010)
07/02/2010 37 MINUTE ORDER: On or before July 23, 2010, the parties shall either file a
dismissal of this action or file an updated joint status report. (TEXT ENTRY
ONLY) (Vine, H) (Entered: 07/02/2010)
07/07/2010 38 NOTICE of SETTLEMENT AND REQUEST FOR APPROVAL by Kurt
Brunner, Kimberly Burrows, Susanne Townsend. (Attachments: # 1
Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION
FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, # 2
Declaration OF MARC PRIMO IN SUPPORT OF MOTION FOR
PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, # 3
Declaration OF GENE WILLIAMS IN SUPPORT OF MOTION FOR
PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, # 4
Proposed Order)(Williams, Gene) (Entered: 07/07/2010)
07/16/2010 39 SUPPLEMENT by Kurt Brunner, Kimberly Burrows, Susanne Townsend re 38
Notice of Settlement,. (Williams, Gene) (Entered: 07/16/2010)
07/21/2010 40 OPPOSITION by Defendants Aon Service Corporation, Combined Insurance
Company of America. (Kelley, Erica) (Entered: 07/21/2010)
07/22/2010 41 NOTICE OF ERRATA by Kurt Brunner, Kimberly Burrows, Susanne Townsend
re 38 Notice of Settlement,. (Attachments: # 1 Proposed Order)(Williams, Gene)
(Entered: 07/22/2010)
07/23/2010 42 JOINT STATUS REPORT by Kurt Brunner, Kimberly Burrows, Susanne
Townsend. (Williams, Gene) (Entered: 07/23/2010)
07/28/2010 43 MINUTE ORDER: Due to a scheduling conflict, the hearing on motion(s) now
set for August 4, 2010 are ordered reset to Wednesday, August 11, 2010 at 9:30
a.m. (TEXT ENTRY ONLY) (Vine, H) (Entered: 07/28/2010)
9 of 10 9/9/10 4:27 PM
08/11/2010 44 MINUTES (Text Only) for proceedings held before Judge John A. Mendez:
MOTION HEARING held on 8/11/2010. Preliminary approval of class
settlement granted. Final approval Hearing set for 12/8/2010 at 09:30 AM in
Courtroom 6 (JAM) before Judge John A. Mendez.). Plaintiffs Counsel G.
Williams present. Defendants Counsel M. Muraco present. Court Reporter: K.
O'Halloran. (Vine, H) (Entered: 08/11/2010)
08/12/2010 45 ORDER signed by Judge John A. Mendez on 08/11/10 GRANTING Motion for
Preliminary Approval of Class Action Settlement. The last day for Defendants
to provide Class Members' information to Claims Administrator is 08/18/10.
The last day for Claims Admiistrator to mail Notice Packet to Class Memebers
is 08/28/10. The last day for Class Members to sign and postmark Claim Forms
is 10/27/10 and the Final Approval Hearing is set for 12/8/2010 at 09:30 AM in
Courtroom 6 (JAM) before Judge John A. Mendez.(Williams, D) (Entered:
08/12/2010)
08/13/2010 46 REVISED ORDER signed by Judge John A. Mendez on 08/12/10 GRANTING
Motion for Preliminary Approval of Class Action Settlement. The last day for
Defendants to provide Class Members' information to Claims Administrator is
08/25/10. The last day for Claims Admiistrator to mail Notice Packet to Class
Memebers is 09/04/10. The last day for Claims Administrator to send one
reminder postcard to all Class Members who have not returned Claim Forms is
10/04/10. The last day for Class Members to sign and postmark Claim Forms is
11/03/10. Plaintiffs file Motion for Final Approval of Class Action Settlement
and Motion for Award of Attorneys' Fees and Costs on 11/17/10. The Final
Approval Hearing is set for 12/15/2010 at 09:30 AM in Courtroom 6 (JAM)
before Judge John A. Mendez.(Williams, D) (Entered: 08/12/2010)(Williams,
D) (Entered: 08/13/2010)
PACER Service Center

Transaction Receipt
09/09/2010 16:24:40
PACER
nh0877 Client Code: rcp
Login:
Docket Search 2:08-cv-01752-
Description:
Report Criteria: JAM-KJN
Billable Pages: 7 Cost: 0.56
10 of 10 9/9/10 4:27 PM

BURROWS Et Al v. COMBINED INSURANCE COMPANY OF AMERICA Et Al Docket

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

BURROWS Et Al v. COMBINED INSURANCE COMPANY OF AMERICA Et Al Docket

Uploaded by

Copyright:

Available Formats

LIVE 4.1.1 CM/ECF - U.S. District Court for Eastern California https://ecf.caed.uscourts.gov/cgi-bin/DktRpt.pl?123128192576...

U.S. District Court

Burrows et al v. Combined Insurance Company of America Date Filed: 07/29/2008

Gene Franklin Williams

Jamie Rebecca Greene

Mark Philip Pifko

Shawn Charles Westrick

Gene Franklin Williams

Jamie Rebecca Greene

Mark Philip Pifko

Shawn Charles Westrick

Susanne Townsend represented by Dina S. Livhits

Gene Franklin Williams

Jamie Rebecca Greene

Mark Philip Pifko

Shawn Charles Westrick

Date Filed # Docket Text

9/9/2008. (Westrick, Shawn) (Entered: 08/27/2008)

06/12/2009 16 PROTECTIVE ORDER signed by Judge John A. Mendez on 6/11/09. (Duong,

18 MOTION to COMPEL. Defendant's motion will be granted and plaintiff will

03/29/2010 34 DESIGNATION of COUNSEL FOR SERVICE. Attorneys Mark Philip Pifko

PACER Service Center

You might also like