Marjorie Ann Diaz v. Target Corporation

2011-07-07T14:49:00.001-07:00

Class Certification coming soon

2011-02-20T07:44:00.000-08:00

Attorney Richard Quintilone needs to register additional current or former California Target employees for this civil suit. If you would like to be included or just want additional information please email info@quintlaw.com.

(and remember to take a look at: http://www.targetfiling.blogspot.com/)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

MARJORIE ANN DIAZ, an individual, on
behalf of herself and all others similarly
situated, Plaintiff,

vs.

TARGET CORPORATION, a Minnesota
corporation; and DOES 1 through 100,
inclusive, Defendants.

No. 8:10-CV-01103 AG (MLGx)

PLAINTIFF MARJORIE ANN DIAZ’S NOTICE OF MOTION AND
MOTION FOR CLASS CERTIFICATION
[Filed Concurrently with the
Memorandum of Points and Authorities,
Putative Class Member and Manager
Declarations, Declaration of Richard E.
Quintilone II, Esq. and Exhibits Thereto]

Judge: Hon. Andrew I. Guilford
Date: November 29, 2010
Time: 10:00 AM
Courtroom: 10D, 411 West Fourth Street, Santa Ana, CA

ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Please take notice that on November 29, 2010, at 10:00 a.m., or as soon
thereafter as the matter may be heard, in Courtroom 10 of the United States District Court for the Central District of California, Plaintiff Marjorie Ann Diaz will move for an order granting class certification.

This motion will be based on this Notice of Motion; the Memorandum of
Points and Authorities; Putative Class Member and Manager Declarations;
Declaration of Richard E. Quintilone II Esq. exhibits thereto; additional Exhibits; and on such other oral and documentary evidence as may be presented at or before the hearing of the Motion.

Date: October 19, 2010 QUINTILONE & ASSOCIATES
______________________________
RICHARD E. QUINTILONE II,
Attorney for Plaintiff MARJORIE ANN DIAZ

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Marjorie Ann Diaz v. Target Corporation

Plaintiff Diaz filed a class action complaint on behalf of herself and all others similarly situated. Ms Diaz was an hourly non-exempt employee of Target in Irvine, California, from approximately October 2000 until May 2009. The Plaintiff sues on the following causes:

(1) failure to provide meal periods under California Labor Code § 226.7;
(2) failure to provide rest periods,
(3) failure to timely pay wages due at termination,
(4) failure to comply with itemized wage statement provisions,
(5) failure to pay overtime compensation,
(6) failure to reimburse expenses,
(7) penalties pursuant to the California Private Attorney General Act,
(8) violations of the Unfair Competition Law under California Business & Professions Code,
(9) violations of the Unfair Practices Act under California Business & Professions Code

Declaration of Marjorie Diaz

2011-02-19T07:24:00.000-08:00

Click on for larger image:

Declaration of Raymond Diaz

2011-02-18T06:20:00.000-08:00

Click on for larger image:

Declaration of Oscar Orejel

2011-02-17T06:18:00.000-08:00

Click on for larger image:

Declaration of Katerra Davis

2011-02-16T01:10:00.000-08:00

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U.S. District Court, Central District of California

2011-02-15T20:26:00.000-08:00

This case was removed from Orange County Superior Court to U.S. District Court 7/21/10. The original complaint runs 64 pages with 64 additional pages of attachments. The PACER Docket report itself runs for 9 pages. Clearly this is going to be a long case with serious implications for Target nationwide.

Click on for larger image or print out:

For Your Information:

2010-12-20T11:55:00.000-08:00

The filings reflect that there is a problem with getting the matter certified as a Class Action

6 Pages of the 24 pages of the Docket up to 12/27/10

Docket Report below is similar to the above report but earlier in the case, you can see how the matter is developing into a paper war between opposing legal firms. It will only generate more paper before we get to a conclusion, THEN, if Tarbutt loses they will appeal as this is a major case for them, one which they can't afford to lose.
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Saturday, October 30, 2010

Here are the first 4 pages of 12 pages from the Docket Report. This will be a very long case with a lot at stake for Tarbutt. They always appeal if they lose so even a win for Diaz will still result in the case continuing.

Click on for a larger image:

2010-09-01T09:42:00.000-07:00

Other Target sites you might want to look at:
http://www.targetfiling.blogspot.com/
http://targetccguidelines.blogspot.com/
http://www.citmedialaw.org/threats/target-corp-v-doe