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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 Diamond Well Service, Inc. (“DWS” and “Defendant”), on oil rigs in California, at any time from December 2, 2002 through the present. The Complaint alleges that DWS failed to provide full and correct pay for all hours worked, meal periods, ready time, meetings, preparatory time, and traveling time to the well site from the initial meeting place.

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S-1500-CV259751 SPC

Calvillo v. Diamond Well Service, Inc.

UPDATES:

July 31, 2009:
Scheduled disbursement of funds to class members who submitted valid claims.

May 18, 2009:
Hearing on Motion for Final Approval of the Class Settlement. Motion granted.

March 21, 2009:
Deadline for class members to submit their claim form.

March 7, 2009:
Deadline for class members to file their objection or opt-out of the settlement.

February 5, 2009:
Class notice, claim forms, and opt-out forms mailed to class members.

January 16, 2009:
Motion for Preliminary Approval of Class Settlement.  Motion granted.

July 31, 2008:
Mediation. The parties were unable to come to any settlement agreement.  The parties later reached the terms of a settlement in October, 2008.

June 20, 2008:
Hearing on Defendant’s Motion for Summary Adjudication. The Court denied Defendant’s Motion in relevant part per its Ruling dated July 1, 2008.

June 11, 2008:
Defendant’s Reply to Plaintiff’s Opposition to Defendant’s Motion for Summary Adjudication filed.

June 6, 2008:
Plaintiff’s Opposition to Defendant’s Motion for Summary Adjudication filed.

April 23, 2008:
Deadline for class members to opt-out of the Class Action.

April 3, 2008:
Defendant’s Motion for Summary Adjudication filed.

March 26, 2008:
Notice of Class Action and Opt-Out Forms mailed out to class members.

January 7, 2008:
Hearing on Plaintiff’s Motion to Preliminarily Certify the Class. Motion Granted per the Court Order dated February 19, 2008.

January 2, 2008:
Defendant’s Opposition to Plaintiff’s Application for a Protective Order filed.

December 28, 2007:
Plaintiff’s Reply to Defendant’s Opposition to Preliminarily Certify the Class filed.

December 20, 2007:
Defendant’s Opposition to Motion to Preliminarily Certify the Class filed.

December 20, 2007:
Plaintiff’s Ex Parte Application for a Protective Order to Prohibit Defendants from contacting Class Member; for Sanctions; and to Void Releases.

December 7, 2007:
Plaintiff’s Motion to Preliminarily Certify the Class filed.

October 16, 2007:
Plaintiff’s deposition of DWS’s Person Most Knowledgeable Concerning the Policies and Practices of Travel Time Incurred, Recording Hours Worked and the Taking of Meal Periods for its Oil Field Workers Between December 15, 2002 through the Present.

June 27, 2007:
Joint Stipulation and Proposed Order re procedure for supplying Plaintiff’s counsel with contact information of class members and case deadlines.

June 12, 2007:
Hearing on Court’s Order to Show Cause why Court Should Not Grant Plaintiff’s Request for Precertification Notice to Putative Class Members. Court ordered that Plaintiff be allowed to contact class members prior to certification to conduct discovery.

March 26, 2007:
Answer filed by Defendant

December 14, 2006:
Complaint filed by Plaintiff

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