Beltran, et al v. Interexchange, Inc., et al (1:14-cv-03074-CMA-KMT)

ORDER: MOTION To INTERPRET CLASS ACTION SETTLEMENT (Document 1250) is GRANTED. the Court finds that: the language of the Beltran Settlement Agreement bars Beltran class members from bringing state law, FLSA, and TVPRA claims arising out of au pair employmen t prior to the July 18, 2019 Effective Date against Sponsor Defendants; however, claims against host families pursuant to the TVPRA fall within the exception to Beltran Settlement Agreements Release, and are therefore not barred by the Beltran Settlement Agreement. The Clerk of Court is directed to close this case. SO ORDERED by Senior Judge Christine M. Arguello on 2/23/2023. (sphil, )

AMENDED ORDER Granting Final Approval of Class and Collective Action Settlement. SO ORDERED by Judge Christine M. Arguello on 8/1/2019. (swest)

ORDER GRANTING PLAINTIFFS MOTION FOR ATTORNEYS FEES AND EXPENSES. Plaintiffs' Motion for Attorneys' Fees and Expenses is GRANTED. (Doc. # (Document 1206) .) Class Counsel shall receive attorneys' fees in the amount of $22,925,000, from t he Qualified Settlement Fund ("QSF"), representing 35% of the QSF; In addition to attorneys' fees, Class Counsel shall receive $3,345,535.33 for litigation expenses and expenses for administration of the settlement and sen ding of notice pursuant to 28 U.S.C. § 1715, which shall also be deducted from the QSF; and $536 shall be taxed from the QSF in favor of the United States as reimbursement for in forma pauperis filing and service fees advanced on behalf of the lead named Plaintiff, by Judge Christine M. Arguello on 7/18/2019. (evana, )

ORDER GRANTING FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT. The Court GRANTS Plaintiffs' Motion for Final Approval of Class and Collective Action Settlement. (Doc. # (Document 1205) .) The Court finally approves the class and collective ac tion settlement. This Court also finally certifies the Fair Labor Standards Act ("FLSA") classes that were conditionally certified in this action. See (Doc. ## (Document 525) , (Document 539) , (Document 569) .) The Court confirms that it has jurisdiction over this m atter and the parties to it. This Court approves the terms of the Settlement Agreement, and the Plan of Allocation, the material terms of which include, but are not limited to: Class Counsel will establish a Qualified Settlement Fund ("QSF&qu ot;); This Order is binding on all Settlement Class Members, except those individuals who validly and timely excluded themselves from the Class or from the Settlement. This action is dismissed with prejudice as to all other issues and as to all pa rties and claims. This Court retains continuing and exclusive jurisdiction over the parties and all matters relating this matter, including the administration, interpretation, construction, effectuation, enforcement, and consummation of the settlement and this Order, by Judge Christine M. Arguello on 7/18/2019. (evana, )

ORDER ON TRIAL PREPARATION AND SCHEDULING. Proposed Pretrial Order due by 12/3/2018. Final Pretrial Conference set for 12/11/2018 03:00 PM in Courtroom A 602 before Judge Christine M. Arguello. By Judge Christine M. Arguello on 08/15/2018. (athom, )

ORDER Granting Plaintiffs' Motion to Clarify the Order Denying Motions for Summary Judgment and, Upon Reconsideration, Granting in Part Plaintiffs' Motion for Summary Judgment. Plaintiffs' Motion to Clarify the Order Denying Motions for Summary Judgment (Doc. # (Document 1118) ) is GRANTED. Defendants' preemption defense is SUMMARILY DISMISSED pursuant to Federal Rule of Civil Procedure 56. By Judge Christine M. Arguello on 08/06/2018. (athom, )

ORDER Denying (Document 859) , (Document 860) , (Document 863) , (Document 864) , (Document 866) , (Document 867) , (Document 869) , (Document 871) , (Document 873) , (Document 877) , (Document 879) , (Document 884) , (Document 890) , and (Document 915) Motions for Summary Judgment. By Judge Christine M. Arguello on 06/19/2018. (athom, )

ORDER granting (Document 944) Motion to Exclude the Summary Judgment Testimony of Stanley Colvin, Esq. by Judge Christine M. Arguello on 5/14/18. (dkals, )

ORDER Dismissing Certain Defendants' Dispositive Motions and Granting Plaintiffs' Motion to Rationalize the Procedure and Page Limits for those Dispositive Motions. Plaintiffs' Motion to Rationalize the Procedure and Page Limits (D oc. # (Document 1047) ) is GRANTED. Plaintiffs' Motion for a Forthwith Hearing (Doc. # (Document 1049) ) is DENIED AS MOOT. Defendant Cultural Care's Motion to Dismiss the Third Amended Complaint In Part (Doc. # (Document 1043) ) is DISMISSED WITHOUT PREJUDICE to assert such arguments in any Motion for Summary Judgment that may be filed. Defendant AIFS's Motion to Dismiss Count IX (Doc. # (Document 1031) ) is DISMISSED WITHOUT PREJUDICE to assert such arguments in any Motion for Summary Judgment that may be filed. By Judge Christine M. Arguello on 05/02/2018. (athom, )

ORDER Denying Certain Defendants' Motions to Compel Discovery and Related Motions for a Forthwith Hearing. The Court ORDERS that the following motions are DENIED: Defendant InterExchange's Motion to Compel Discovery (Doc. # (Document 970) ) and its Motion for a Forthwith Hearing on the Motion to Compel Discovery (Doc. # (Document 971) ); Defendants Cultural Care and GoAuPair's Joint Motion to Compel Discovery (Doc. # (Document 973) ) and their Motion for Forthwith Hearing on their Joint Motion to Compel Discovery (Doc. # (Document 974) ); and Defendant Expert AuPair's Motion to Compel Discovery (Doc. # (Document 978) ). The deadline for any motions to decertify the FLSA classes and subclasses remains 5/9/2018. By Judge Christine M. Arguello on 05/02/2018. (athom, )

ORDER Granting (Document 1027) Joint Motion for Relief from Scheduling Order and for Supplemental Briefing. By Judge Christine M. Arguello on 05/02/2018. (athom, )

ORDER granting (Document 1011) Motion for Order: Order on Rule 23 Notification Plan. By Judge Christine M. Arguello on 05/01/2018. (athom, )

ORDER on All Parties' (Document 851) Joint Report Regarding Proposed Rule 23 Notification Plan. Plaintiffs shall file a Third Amended Complaint that includes the three additional named plaintiffs on or before 4/16/2018. The Third Amended Complaint shall be the operative complaint going forward. The case caption in all future filings shall include the newly-added named plaintiffs. The parties shall confer regarding the Court's resolutions of their disputes described herein. The parties shall submit a revised proposed notice and a revised proposed notification plan that incorporate the Court's rulings in this Order on or before 4/16/2018. By Judge Christine M. Arguello on 04/09/2018. (athom, )

ORDER on Depositions of FLSA Opt-In Class Members. Defendant Cultural Care's Motion for Clarification (Doc. # (Document 924) ) is DENIED and Plaintiffs' Motion for a Protective Order (Doc. # (Document 953) ) is GRANTED IN PART. By Judge Christine M. Arguello on 04/04/2018. (athom, )

ORDER Affirming United States Magistrate Judge's Order on Defendants' Motion to Exclude Expert Testimony. Defendants' Objections (Doc. # (Document 830) ) to the Magistrate Judge's Order are DENIED. The Magistrate Judge's Order (Doc. # (Document 813) ) is AFFIRMED. By Judge Christine M. Arguello on 03/27/2018. (athom, )

ORDER Granting in Part and Denying in Part Plaintiffs' 842 Motion to Compel and for Relief. The Court GRANTS IN PART Plaintiffs' Motion to Compel (Doc. # 842 ) to the extent that it requests production of the Zherka Documents. It is ORDERED that Defendants and the Alliance provide Plaintiffs the Zherka Documents, without redactions. Plaintiffs' Motion to Compel (id.) is DENIED IN PART as to Plaintiffs' request for attorneys' fees and costs. By Judge Christine M. Arguello on 02/21/2018. (athom, )

ORDER granting (Document 786) Motion for Reconsideration. The July 24 Order by Magistrate Judge Tafoya (Doc. # (Document 624) ) is VACATED only to the extent that it denied Plaintiffs' Motion to Compel as to Defendant AIFS. Defendant AIFS shall produce financ ial documents fully responsive to Plaintiffs' Request No. 16 on or before 3/2/2018. Plaintiffs shall submit supplemental briefing as to the amount of costs and attorneys' fees it requests on or before 3/2/2018. By Judge Christine M. Arguello on 02/16/2018. (athom, )

ORDER Denying Plaintiffs' 564 Motion to Amend Complaint. By Judge Christine M. Arguello on 02/13/2018. (athom, )

ORDER Reversing in Part United States Magistrate Judge's Order on Plaintiffs' Motion to Compel and for Relief. Plaintiffs' Objections (Doc. # (Document 771) ) to the Magistrate Judge's Order (Doc. # (Document 763) ) are SUSTAINED. The Magistrat e Judge's Order (Doc. # (Document 763) ) is VACATED as an Order and is instead construed as a Report and Recommendation, which is ADOPTED IN PART only as to its recommendation that the parties' Stipulated Motion to Amend Scheduling Order (Doc. # (Document 747) ). Defendants and the Alliance are ORDERED to provide Plaintiffs unredacted versions of the Alliance's documents at issue. By Judge Christine M. Arguello on 02/12/2018. (athom, )

ORDER denying (Document 606) Motion to Exclude Expert Testimony of William Kerr Pursuant to F.R.E. 702 by Magistrate Judge Kathleen M. Tafoya on 1/24/2018. (jgonz, )

ORDER Adopting and Affirming in Part (Document 240) February 22, 2016 Recommendation of United States Magistrate Judge as indicated in the attached Order. Defendants' Objections (Doc. ## (Document 247) , (Document 248) ) are OVERRULED IN PART. (Document 127) , (Document 130) , (Document 131) , and [13 6] Motions to Dismiss are GRANTED IN PART as indicated in the attached Order. (Document 135) Motion to Dismiss is DENIED in its entirety. Defendants' Unopposed Motion for Oral Argument Regarding Recommendation of United States Magistrate Judge (Doc. # (Document 257) ) is hereby DENIED AS MOOT. By Judge Christine M. Arguello on 03/31/2016. (athom, )

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; This Court respectfully RECOMMENDS that the Joint Motion by Certain Defendants to Dismiss the FirstAmended Complaint and Certification of Compliance with Civil Practice Standard 7.1D. (Document 135) be DENI ED; RECOMMENDS Defendant Cultural Care, Inc.s Motion to Dismiss All Claims in First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(B)(6) (Document 127) , Motion to Dismiss the First Amended Complaint by Defendant InterExchange, Inc. (Document 130) , D efendant American Cultural Exchange, L.L.C., D/B/A Go Au Pairs Motion to Dismiss Counts I, III, IV, V, VI, VII, VIII, IX and X of the First Amended Complaint (Document 131) , Defendant American Institute for Foreign Studys Motion to Dismiss Amended Complaint [ 136] should be GRANTED in part and DENIED in part. Additionally, it is ORDERED that Defendant Cultural Care, Inc.s Motion to Strike Material in PlaintiffsConsolidated Opposition to Defendants Motions to Dismiss (Document 206) and PlaintiffsCross-Motion to Strike Certain Exhibits Submitted by the Defendants (Document 221) are DENIED as moot, by Magistrate Judge Kathleen M. Tafoya on 2/22/16. (morti, )

ORDER denying (Document 134) Joint Motion to Strike Certain Allegations, by Magistrate Judge Kathleen M. Tafoya on 11/16/15.(nmarb, )

COURTROOM MINUTES for Scheduling Conference held on 7/6/2015 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Defendant Cultural Care, Inc.'s Motion for Protective Order (Document 160) is GRANTED. Joint Motion by Certain Sponsor Defendants for P rotective Order (Document 162) is GRANTED. Defendant InterExchange, Inc., American Cultural Exchange, LLC, and American Institute for Foreign Study's Motion for Protective Order to Stay Discovery Pending Resolution of Motions to Dismiss (Document 164) is GRANT ED. Discovery is STAYED pending the issuance of a recommendation on Defendants' motions to dismiss. The parties shall file a Status Report within 10 days of the recommendation on the motions to dismiss indicating the next course of action, as discussed. FTR: KMT C201. (sgrim)

ORDER Setting Rule 16(b) Scheduling Conference and Rule 26(f) Planning Meeting. The court shall hold a Fed. R. Civ. P. 16(b) scheduling and planning conference on 7/6/2015 at 09:45 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 05/11/2015. (athom, )