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Palay Law Firm -  Employment Litigation

This is a class action on behalf of all non-exempt employees who are or were employed by Todd Plumbing, Inc. (“Todd Plumbing”), in California at any time from February 27, 2003 through the present.  The Complaint alleges that Todd Plumbing failed to pay overtime wages for all hours worked in excess of eight hours in one day or forty hours in one week, to provide both first and second meal periods in violation of California law, to remit the correct prevailing wages on public works projects, or to pay for loading/preparatory/travel time.

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07-222684

Statler v. Todd Plumbing

UPDATES:
**The court ordered accounting is being conducted at this time.**

July 8,, 2009:
Court Order signed appointing new accountant.

June 11, 2009:
Hearing on Plaintiffs' Ex Parte Application to have a new accountant appointed by the Court.  Application granted.

March 24, 2009:
Hearing on Plaintiffs' Motion Re: Defendant's Contempt. Plaintiffs' request for sanctions and order of contempt against Defendant denied. Defendant ordered to comply with Plaintiff's request to enforce the Settlement Agreement.  Request for Sanctions not granted.

February 17, 2009:
The Court's Order granting Plaintiff's Motion to Enforce the Settlement Agreement received by Plaintiff's counsel.  Defendant's Motion for Leave to File a Cross-Complaint and Motion for Leave to File an Amended Answer denied as moot.

February 10, 2009:
Hearing on Defendant's Motion for Leave to File a Cross-Complaint and Motion for Leave to File an Amended Answer and continued Hearing on Plaintiff's Motion to Enforce the Settlement Agreement.

January 27, 2009:
Hearing on Plaintiff's Motion to Enforce the Settlement Agreement.  Hearing continued until February 10, 2009.

January 5, 2009:
Ex Parte Hearing on Defendant's Request for a Continuance of the Hearing on Plaintiff's Motion to Preliminarily Certify the Class and Defendant's Motion for Leave to File a Cross-Complaint and Motion for Leave to File an Amended Answer. Motion granted.

December 18, 2008:
Court Order issued continuing the hearing on Plaintiff's Motion to Enforce the Settlement Agreement and Plaintiff's Motion to Preliminarily Certify the Class until January 27, 2009 and requesting further briefings on issue from Plaintiff and Defendant.

December 16, 2008:
Hearing on Plaintiff's Motion to Enforce the Settlement Agreement and Plaintiff's Motion to Preliminarily Certify the Class. Matter taken under submission by the Court.

December 9, 2008:
Plaintiff's Reply to Defendant's Opposition to his Motion to Enforce the Settlement Agreement filed.

December 8, 2008:
Defendant's Reply to Plaintiff's Opposition to its Motion for Leave to File a Cross-Complaint and Motion for Leave to File and Amended Answer filed.

December 2, 2008:
Defendant's Opposition to Plaintiff's Motion to Enforce the Settlement Agreement filed.

December 1, 2008:
Plaintiff's Oppositions to Defendant's Motion for Leave to File a Cross-Complaint and Motion for Leave to File and Amended Answer filed.

November 24, 2008:
Ex Parte Hearing on Defendant's Request for a Continuance of the Hearing on Plaintiff's Motion to Preliminarily Certify the Class.  Motion granted.

November 5, 2008:
Defendant's Motion for Leave to File a Cross-Complaint and Motion for Leave to File and Amended Answer filed.

November 5, 2008:
Plaintiff's Motion to Enforce the Settlement Agreement and Motion to Preliminarily Certify the Class filed.

October 31, 2008:
Defendant's Notice of Substitution of Attorney filed.

July 28, 2008:
Mediation. The parties agreed to the terms of a settlement and sign a Settlement Agreement. The hearing on Plaintiff’s Motion to Preliminarily Certify the Class originally set for August 19, 2008 continued to permit the parties to finalize the settlement agreement.

June 27, 2008:
Plaintiff’s Motion to Preliminarily Certify the Class filed.

May 13, 2008:
Hearing on Plaintiff’s Motion to Continue Trial Date and MSC Date filed. Motion granted.

April 22, 2008:
Plaintiff’s Reply to Defendant’s Opposition to Plaintiff’s Application for an Ex Parte Order Shortening Time for a Hearing on Plaintiff’s Motion to Continue Trial Date and MSC Date filed.

April 15, 2008:
Ex Parte Hearing on Plaintiff’s Application for an Ex Parte Order Shortening Time for a Hearing on Plaintiff’s Motion to Continue Trial Date and MSC Date. Hearing scheduled for May 13, 2008.

April 14, 2008:
Defendant’s Opposition to Plaintiff’s Application for an Ex Parte Order Shortening Time for a Hearing on Plaintiff’s Motion to Continue Trial Date and MSC Date filed.

April 9, 2008:
Plaintiff’s Application for an Ex Parte Order Shortening Time for a Hearing on Plaintiff’s Motion to Continue Trial Date and MSC Date filed.

March 11, 2008:
Hearing on Plaintiff’s Motion for Court Order re: Procedure for Disclosure of Class Identities. Motion denied.

March 4, 2008:
Plaintiff’s Reply to Defendant’s Opposition to Plaintiff’s Motion for Court Order re: Procedure for Disclosure of Class Identities filed.

February 27, 2008:
Defendant’s Opposition to Plaintiff’s Motion for Court Order re: Procedure for Disclosure of Class Identities filed.

February 25, 2008:
Defendant’s continued deposition of Rocky Statler.

February 13, 2008:
Plaintiff’s Motion for Court Order re: Procedure for Disclosure of Class Identities filed.

January 15, 2008:
Defendant’s Deposition of Rocky Statler.

November 15, 2007:
Defendant’s Second Substitution of Attorney filed.

August 8, 2007:
Defendant’s Substitution of Attorney filed.

May 22, 2007:
Answer to Complaint filed by Defendant.

February 27, 2007:
Complaint filed by Plaintiff

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