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Palay Law Firm -  Employment Litigation

This is a class action on behalf of all non-exempt Pest Control Specialists and individuals applying pest control substances who are or were employed by Ecolab Inc. (“Ecolab”), in California at any time from May 24, 2001 through the present.  The Complaint alleges that Ecolab failed to compensate the class of workers for overtime, doubletime and to provide accurate itemized wage statements as required by law.

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CIV 233936

Roe v. Ecolab

UPDATES:
**Ecolab did not file a Petition for Review with the Supreme Court and is in the process of making payment on the judgment.  Class Members who submitted valid and timely claims can expect to receive their claims payment from the class administrator by early November, 2009.  If you have moved and need to update your mailing address with the class administrator, please contact CPT Group, Inc. at (888) 716-0410.  It's also important to update your new mailing address with your local Post Office.

September 28 , 2009:
Deadline for Ecolab to file Petition for Review with Supreme Court. No petition was filed.

September 18 , 2009:
Court of Appeals decision final.

August 19 , 2009:
Defendant's appeal denied by Court of Appeals.

May 13, 2009:
Hearing on Defendant's appeal.

March 11, 2009:
Defendant's Reply to Plaintiff's Response due to the Court of Appeals.

February 9, 2009:
Plaintiff's Response to Defendant's Opening Brief due to the Court of Appeals.

January 20, 2009:
Defendant filed its Opening Brief and Appendix with the Court of Appeals.

August 11, 2008:
Hearing on Defendant’s Ex Parte Motion seeking a 10-Day Stay of Enforcement of Judgment. Motion granted. Defendant plans on appealing and needs 10 days in order to obtain a bond for $45 million dollars in order to appeal.

August 11, 2008:
Hearing on Final Approval of Class Settlement.

July 31, 2008:
Plaintiff’s Reply to Defendant’s Opposition to Plaintiff’s Motion for Final Approval filed.

July 29, 2008:
Defendant’s Opposition to Plaintiff’s Motion for Final Approval filed.

July 3, 2008:
Plaintiff’s Motion for Final Approval of the Class Settlement filed.

April 29, 2008:
Cased consolidated with Dietz v. Ecolab (Ventura County Superior Court, CIV241827).

April 16, 2008:
The Court of Appeals denies Defendant’s petition for a writ of mandate. The temporary stay is lifted

March 7, 2008:
Defendant files petition for a writ of mandate to appeal the Court’s decision. As a result, the proceedings stayed.

February 7, 2008:
Hearing on Motion for Preliminary Approval of Class Settlement. Motion granted.

February 4, 2008:
Hearing on Plaintiff’s Motion for Preliminary Approval of the Settlement. Motion granted per the Court’s Order dated March 11, 2008.

February 4, 2008:
Hearing on Defendant’s Motion to File Documents Under Seal, Motion to Vacate Arbitration Award, and Motion for Leave to File Cross-Complaint. Motions denied per the Court’s Order dated February 6, 2008.

January 28, 2008:
Plaintiff’s Reply in Support of Motion for Sanctions.

January 28, 2008:
Defendant’s Reply in Support of Motion to File Documents Under Seal filed.

January 28, 2008:
Defendant’s Reply in Support of Motion to Vacate Arbitration Award filed.

January 22, 2008:
Defendant’s Opposition to Plaintiff’s Motion for Sanctions filed.

January 22, 2008:
Plaintiff’s Opposition to Defendant’ Motion to File Documents Under Seal filed.

January 21, 2008:
Plaintiff’s Opposition to Defendant’s Motion to Vacate Arbitration Award filed.

January 11, 2008:
Plaintiff’s Motion for Sanctions against Defendant filed.

January 3, 2008:
Plaintiff’s Opposition to Defendant’s Motion for Leave to file Cross-Complaint filed.

January 2, 2008:
Defendant’s Motion to Vacate Arbitration Award filed.

January 2, 2008:
Defendant’ Motion to File Documents Under Seal filed.

December 14, 2007:
Defendant’s Motion to terminate the class settlement filed.

December 14, 2007:
Defendant’s Motion for Leave to File Cross-Complaint filed.

October 29, 2007:
Hearing on Plaintiff’s Motion for Preliminary Approval of Class Settlement. Hearing date continued to January 7, 2008 to provide Defendant with the statutory time allowed to file a motion to vacate the arbitration award.

October 19, 2007:
Plaintiff’s Reply in Support of Motion for Preliminary Approval of Class Settlement.

October 16, 2007:
Defendant’s Opposition to Plaintiff’s Motion for Preliminary Approval of Class Settlement filed.

September 25, 2007:
Plaintiff’s Motion for Preliminary Approval of Class Settlement filed.

September 24, 2007:
Arbitration Award issued.

September 6, 7, 10, 11 & 12, 2007:
Arbitration.

August 21, 2007:
Joint Stipulation to Proceed in Arbitration filed by the parties.

April 30, 2007:
Mediation. The parties agreed to binding arbitration of certain claims that were left unresolved.

March 23, 2007:
Parties’ Joint Stipulation to continue trial date until after mediation occurs.

March 19, 2007:
Hearing on Plaintiff’s Motion seeking a Court Order compelling Defendant to release to employee names to Plaintiff.

March 15, 2007:
Defendant’s Opposition to Plaintiff’s Motion seeking a Court Order compelling Defendant to release to employee names to Plaintiff.

March 12, 2007:
Plaintiff’s Opposition to Defendant’s Motion to Decertify the Class filed.

March 2007:
Plaintiff’s Motion seeking a Court Order compelling Defendant to release to employee names to Plaintiff.

February 27, 2007:
Defendant’s Reply to Plaintiff’s Opposition to Defendant’s Motion to Transfer and Coordinate Actions filed

February 27, 2007:
Defendant’s Reply to Plaintiff’s Opposition to Motion to Transfer and Coordinate Actions filed.

February 26, 2007:
Defendant’s Motion to Decertify the Class filed.

February 13, 2007:
Plaintiff’s Opposition to Defendant’s Motion to Transfer and Coordinate Actions filed.

February, 9, 2007:
Defendant’s Motion to transfer case to Federal Court and to and coordinate the case with Dietz v. Ecolab (Ventura County Superior Court, CIV241827) filed.

August 28, 2006:
Hearing on Plaintiff’s Motion for Summary Adjudication. Motion denied per the Court’s Order dated December 1, 2006.

August 28, 2006:
Hearing on Defendant’s Motion for Reconsideration of Ruling Denying Motion for Summary Judgment. Motion denied per the Court’s Order dated December 1, 2006.

August 28, 2006:
Hearing on Defendant’s Motion for Summary Adjudication. Motion denied per the Court’s Order dated December 1, 2006.

August 23, 2006:
Defendant’s Reply to Plaintiff’s Opposition to Defendant’s Motion for Summary Adjudication filed.

August 2006:
Plaintiff’s Opposition to Defendant’s Motion for Summary Adjudication filed.

August 17, 2006:
Defendant’s Motion for Reconsideration of Ruling Denying Motion for Summary Judgment filed.

August 17, 2006:
Hearing on Defendant’s Ex Parte Application. Motion denied.

August 17, 2006:
Plaintiff’s Reply to Defendant’s Opposition to Plaintiff’s Motion for Summary Adjudication filed.

August 15, 2006:
Plaintiff’s Opposition to Defendant’s Ex Parte Application filed.

August 14, 2006:
Defendant’s Opposition to Plaintiff’s Motion for Summary Adjudication filed.

August 10, 2006:
Defendant’s Ex Parte Application for a Court Order prohibiting Plaintiff from engaging in communication with class members prior to sending notice of the pending class action.

August 7, 2006:
Plaintiff’s Motion for Summary Adjudication filed.

June 26, 2006:
Hearing on Defendant’s Motion for Summary Judgment and Summary Adjudication. Motion denied as per Court Order dated August 3, 2008.

June 14, 2006:
Plaintiff’s Motion re: Notice to Class Members filed.

June 9, 2006:
Defendant’s Answer to First Amended Complaint filed.

June 2, 2006:
Defendant’s Motion for Summary Adjudication as to Plaintiff’s cause of action for “on-call” pay filed.

May 30, 2006:
Defendant’s Supplemental Memorandum in Support of Motion for Summary Judgment filed.

May 8, 2006:
Hearing on Plaintiff’s Motion to Preliminarily Certify the Class. Motion granted as to “Pest Elimination Service Specialists” only pr Court Order dated May 30, 2006. The Court would not certify the class as to any “trainees, senior specialists and supervisor specialists.”

May 8, 2006:
Hearing on Defendant’s Motion to Strike. Motion denied per Court Order dated May 22, 2006.

May 8, 2006:
Hearing on Defendant’s Demurrer. Motion overruled. Defendant given 18 days leave to file its answer.

May 1, 2006:
Plaintiff’s Reply to Defendant’s Opposition to Plaintiff’s Motion to Preliminarily Certify the Class filed.

May 1, 2006:
Defendant’s Reply to Plaintiff’s Opposition to Defendant’s Motion to Strike filed.

May 1, 2006:
Defendant’s Reply to Plaintiff’s Opposition to Defendant’s Demurrer filed.

April 18, 2006:
Plaintiff’s Opposition to Defendant’s Motion to Strike filed.

April 18, 2006:
Plaintiff’s Opposition to Defendant’s Demurrer filed.

April 12, 2006:
Defendant’s Demurrer to First Amended Complaint filed.

April 12, 2006:
Defendant’s Motion to Strike Portion of First Amended Complaint filed.

April 10, 2006:
Defendant’s Opposition to Plaintiff’s Motion for Preliminary Certification of the Class filed.

April 10, 2006:
Hearing on Defendant’s Motion for Summary Judgment. Per the Court Order dated April 12, 2006, Defendant was granted leave to file a supplemental memorandum to its motion for Summary Judgment and Plaintiff was granted leave to file a cross-motion for summary judgment.

April 5, 2006:
Defendant’s Reply to Plaintiff’s Opposition to Motion for Summary Judgment Filed.

March 2006:
Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment filed.

March 13, 2006:
Plaintiff’s Motion for Preliminary Certification of the Class filed.

March 13, 2006:
Plaintiff’s First Amended Complaint filed.

February 24, 2006:
Hearing on Plaintiff’s Motion for Leave to Amend Complaint. Motion granted per Court Order dated March 9, 2006.

February 14, 2006:
Plaintiff’s Reply to Defendant’s Opposition to Motion for Leave to Amend Complaint filed.

February 9, 2006:
Defendant’s Opposition to Plaintiff’s Motion for Leave to Amend Complaint filed.

January 24, 2006:
Plaintiff’s Motion for Leave to Amend Complaint filed.

January 13, 2006:
Defendant’s Motion for Summary Judgment filed.

August 24, 2005:
Defendant’s First Amended Complaint filed.

August 9, 2005:
Hearing on Plaintiff’s Demurrer to Defendant’s Affirmative Defenses contained in Answer.

August 3, 2005:
Plaintiff’s Reply to Defendant’s Opposition to Plaintiff’s Demurrer filed.

July 27, 2005:
Defendant’s Opposition to Plaintiff’s Demurrer filed.

July 6, 2005:
Plaintiff’s Demurrer to Defendant’s Affirmative Defenses Contained in Answer filed.

July 1, 2005:
Answer to Complaint filed by Defendant.

May 24, 2005:
Complaint Filed by Plaintiff

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