Clay v. AT&T Integrated Disability Service Center
| Jerome A. Clay |
| AT&T Integrated Disability Service Center |
| 2:2017cv00749 |
| April 7, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Gregory G. Hollows |
| Kimberly J. Mueller |
| Americans with Disabilities - Employment |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
83
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/7/2020 ADOPTING 78 Findings and Recommendations in full, GRANTING 71 Motion for Summary Judgment in full. CASE CLOSED. (Coll, A)
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Filing
78
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/31/2019 RECOMMENDING that 71 Motion for Summary Judgment be granted in full, that judgment be entered for Defendant, and that the Clerk of Court be directed to close this case. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
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Filing
73
ORDER signed by Magistrate Judge Kendall J. Newman on 9/17/19 DIRECTING plaintiff to file an Opposition or Statement of Non-Opposition to 71 Motion for Summary Judgment by 9/30/19 at 4:00 PM. Defendant may file a Reply to the Opposition by 10/24/19. The hearing remains set for 10/31/19 at 10:00 AM. (Coll, A)
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Filing
70
STIPULATION and ORDER TO CONTINUE AND RESET Summary Judgment briefing schedule and hearing signed by Magistrate Judge Kendall J. Newman on 6/12/19. The deadline to file Cross-Motions for Summary Judgment is CONTINUED from 6/28/19 to 8/16/2019. The d eadline to file oppositions to Cross-Motions for Summary Judgment is CONTINUED from 7/26/19 to 9/13/2019. The deadline to file any reply briefs is CONTINUED from 8/16/19 to 10/4/2019; And the hearing on Cross-Motions for Summary Judgment is CONTINUED from 9/12/19 to 10/31/19 at 10:00 a.m. (Mena-Sanchez, L)
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Filing
67
PRETRIAL SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 2/8/19 ORDERING that dispositive cross motions for summary judgment shall be filed by 6/28/19; any oppositions to those motions are due 7/26/19; and any reply briefs are due 8/16/19. A hearing on the cross motions for summary judgment is set for 9/12/2019, at 10:00 a.m., in Courtroom No. 25 before Judge Newman. (Kastilahn, A)
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Filing
58
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/15/2018 ORDERING that defendants shall file an answer to claims 1, 3 and 4 of the operative complaint within 20 days of the date of this Order; Within 30 days after the filing of that Answer t he parties shall exchange any documents not previously exchanged. Within 30 days after the exchange of documents the parties shall file with the court a scheduling report. In no event shall that scheduling report be filed later than 12/20/2018. (Washington, S)
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Filing
57
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/18/18 GRANTING 56 Motion for Extension of Time to Answer the Third Amended Complaint. The defendant's response is now due on or before 10/23/18. (Kastilahn, A)
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Filing
55
ORDER signed by District Judge Kimberly J. Mueller on 9/25/2018 IT IS HEREBY ORDERED that Claims 1, 3 and 4 shall proceed in accordance with the Findings and Recommendations 52 ; Claims 2, 5 through 11, and 13 are DISMISSED without leave to amend; Claim 12 is DISMISSED as surplusage; and this case is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Reader, L)
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Filing
52
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/1/18 RECOMMENDING that: Claims 1, 3, and 4 proceed as described in this Findings and Recommendations; Claim 2 be dismissed without leave to amend; Claim 5 be dismissed without leave to amend; Claims 6 through 11 be dismissed without leave to amend; Claim 12 be dismissed as surplusage; Claim 13 be dismissed without leave to amend. ORDERING that "AT&T Umbrella Benefit Plan No. 3" shall be inserted as the only defendant in this case. F&R referred to District Judge Kimberly J. Mueller. Objections to F&R due within twenty-one days. (Kaminski, H)
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Filing
47
ORDER signed by Magistrate Judge Gregory G. Hollows on 4/16/18 GRANTING 45 Motion for counsel to attend by telephone the hearing scheduled for May 3, 2018 at 9:00 a.m. (Kaminski, H)
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Filing
42
ORDER signed by Magistrate Judge Gregory G. Hollows on 3/8/18: Plaintiff shall file an amended complaint within 21 days of the hearing, or by March 15, 2018. Defendant may make a Motion to Dismiss and this will be the last such motion as any orde r entered by the court after hearing will be final on the issue of pleading and the case will move on, if at all, to further scheduling. Plaintiff will be accorded access to the ECF filing system; until that is finalized defendant agrees plaintiff may serve all documents by email. (Kaminski, H)
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Filing
41
ORDER signed by Magistrate Judge Gregory G. Hollows on 2/26/2018 ORDERING 3 the plaintiff, who appears pro se, is hereby GRANTED permission to use the ECF system to file and serve documents pursuant to EDCA Local Rule 133(b)(3); Plaintiff shall contact the Clerk of the Court, 501 I Street, Fourth Floor, for enrollment in and instructions regarding use of the ECF filing system. (Reader, L)
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Filing
37
FINDINGS and RECOMMENDATIONS and ORDER signed by Magistrate Judge Gregory G. Hollows on 12/22/17, RECOMMENDING that a stay of this action be entered for 60 days commencing with the filed date of this Findings and Recommendation. It is hereby ORDERE D that AT&T shall notify the court forthwith, but in no event later than 60 days from the filed date of this Order, of the completion of the administrative appeal, and shall file the final decision regarding the appeal. The Clerk shall change the name of the defendant in this case to: AT&T Umbrella Benefit Plan No. 3; all parties shall henceforth use this caption in all pleadings. Matter REFERRED to Judge Kimberly J. Mueller. Within ten days after being served with these Findings and Recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
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Filing
29
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/8/2017 ORDERING defendant's Response to plaintiff's Third Amended Complaint shall be filed by 11/14/2017. (Zignago, K.)
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27
STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 10/23/17 ORDERING that Defendant shall file its response to Amended Complaint 25 on or before 11/7/2017. (Mena-Sanchez, L)
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Filing
23
ORDER signed by Magistrate Judge Gregory G. Hollows on 9/19/2017 GRANTING 21 Request to Appear Telephonically. Attorney Daniel Combs may appear telephonically at the 9/21/2017 hearing. (Donati, J)
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Filing
15
ORDER signed by Magistrate Judge Gregory G. Hollows on 7/17/2017 ORDERING Defendant's time to file an Answer or other response to 5 First Amended Complaint shall be EXTENDED up to 7/27/2017. (Washington, S)
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Filing
6
ORDER signed by Magistrate Judge Gregory G. Hollows on 5/23/2017 ORDERING Service is appropriate for defendant AT&T Integrated Disability ServiceCenter; the Clerk of the Court is directed to issue forthwith, and the U.S. Marshal is directed to serve within 90 days of the date of this order, all process pursuant to FRCP 4, including a copy of this court's status order, without prepayment of costs; the Clerk of the Court shall send plaintiff one each USM-285 form, summons, a copy of the comp laint, an appropriate form for consent to trial by a magistrate judge, and this court's status order; Plaintiff is directed to supply the U.S. Marshal, within 14 days from the date this order is filed, all information needed by the Marshal to effect service of process, and shall file a statement with the court that said documents have been submitted to the USM; The Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal, Sacramento, CA. (Reader, L)
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Filing
4
ORDER signed by Magistrate Judge Gregory G. Hollows on 4/10/17 ORDERING that Plaintiff's Request to proceed in forma pauperis 2 is GRANTED. Plaintiff must file an amended complaint within thirty days from the filed date of this Order. Failure to file the amended complaint may result in a recommendation that the entire action be dismissed with prejudice. (Mena-Sanchez, L)
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| Plaintiff: Jerome A. Clay | |
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| Defendant: AT&T Integrated Disability Service Center | |
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