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Palay Law Firm -  Employment Litigation

This is a class action on behalf of all non-exempt employees working in California who are or were employed by BTC Laboratories, Inc., and U.S. Laboratories, Inc (“BTC” and “Defendant”) from May 26, 2004 to present.  The Complaint alleges that BTC failed to compensate the class of workers for missed meal periods, wages owed, and failed to provide proper wage deduction statements.

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CIV 233988

Howe v. BTC Labs, Inc.

UPDATES:
The terms of a settlement have been reached.  After the Court grants preliminary approval of the settlement agreement, class members will be sent forms and given the opportunity to file a claim or to opt-out of the settlement.

July 8, 2010:
Hearing on Plaintiff's Motion for Preliminary Approval of Class Settlement.  We are currently waiting for the Court's ruling.

May 20, 2010:
Oral argument in front of Arbitrator re: outstanding penalties issue. Arbitrator ruled in favor of Defendant that Plaintiffs are not entitled to Labor Code section 558 penalties.

March 30, 2010:
Hearing on Defendant's Petition to Compel Arbitration and Motion to Stay the Proceedings. Motion granted and Defendant is ordered to submit a briefing to the Court with an arbitration timeline by April 14, 2010.

March 18, 2010:
Hearing on Defendant's Ex Parte Application to Shorten Time before its Petition to Compel Arbitration and Motion to Stay the Proceedings. Motion granted and an expedited hearing date is scheduled for march 30, 2010.

March 3, 2010:
Plaintiff's Motion for Preliminary Approval of the Settlement filed with the Court.  A hearing is scheduled for April 13, 2010.

April 10, 2008:
An Order was issued by the Arbitrator regarding the legal issues of case. An accounting firm is to determine the amount of wages owed to class members.

May 25, 2007:
Mediation. The parties agreed to have the legal issues decided by a neutral arbitration.

May 1, 2007:
Defendant’s depositions of potential witnesses.

April 25-26, 2008:
Defendant’s depositions of potential witnesses.

April 16, 2007:
Hearing on Defendant’s Motion for Reconsideration of Motion to Decertify.

April 6, 2007:
Defendant’s Reply to Opposition to Motion for Reconsideration filed.

March 29, 2007:
Plaintiff’s Opposition to Defendant’s Motion for Reconsideration of Motion to Decertify filed.

March 20, 2007:
Defendant’s Motion for Reconsideration of Motion to Decertify filed.

March 12, 2007:
Hearing on Defendant’s Motion to Decertify a Sub-Class. Motion denied.

February 28, 2007:
Defendant’s Reply to Plaintiff’s Opposition to Motion to Decertify the Sub-Class filed.

February 16, 2007:
Plaintiff’s Opposition to Defendant’s Motion to Decertify the Sub-Class filed.

January 30, 2007:
Defendant’s Motion to Decertify the Sub-Class filed.

July 17, 2006:
Hearing on Plaintiff’s Motion to Preliminarily Certify the Class. The Court signed an Order granting Plaintiff’s Motion to Preliminarily Certify the Class on August 1, 2006.

June 22, 2006:
Plaintiff’s Reply to Defendant’s Opposition filed

June 19, 2006:
Defendant’s Opposition to Plaintiff’s Motion to Preliminarily Certify the Class filed.

May 31, 2006:
Plaintiff’s Motion to Preliminarily Certify the Class filed.

April 14, 2006:
Mandatory Settlement Conference.

August 11, 2005:
Hearing on Plaintiff’s Demurrer heard. Motion overruled.

August 5, 2005:
Hearing on Defendant’s Motion to Strike heard. Motion granted.

August 1, 2005:
Plaintiff’s Reply to Defendant’s Opposition to Plaintiff’s Demurrer filed.

July 27, 2005:
Defendant’s Reply to Plaintiff’s Opposition to Motion to Strike filed.

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

July 11, 2005:
Plaintiff’s Opposition to Defendant’s Motion to Strike filed.

July 8, 2005:
Plaintiff’s Demurrer to Affirmative Defenses Contained in Defendant’s Answer filed.

July 1, 2005:
Defendant’s Motion to Strike Portions of Complaint filed.

July 1, 2005:
Answer filed by Defendant.

May 26, 2005:
Complaint filed by Plaintiff.

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