Cleveland v. The Behemoth et al
| Robert Cleveland |
| Does 1 through 10, The Bohemoth and The Behemoth |
| Matthew A Barnes |
| 3:2019cv00672 |
| April 11, 2019 |
| US District Court for the Southern District of California |
| Gonzalo P Curiel |
| Ruth Bermudez Montenegro |
| Bernard G Skomal |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 ad |
| Both |
Docket Report
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This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.
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Filing 194
NOTICE of Change of Address by Kristen L. O'Connor (O'Connor, Kristen) (jpp).
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Filing 193
TRANSCRIPT DESIGNATION AND ORDERING FORM by Robert Cleveland re #190 Notice of Appeal to 9th Circuit,. (O'Connor, Kristen) (jpp).
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Filing 192
USCA Time Schedule Order as to #190 Amended Notice of Appeal to 9th Circuit, filed by Robert Cleveland. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 6/23/2023 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 7/24/2023.) (cc: Court Reporter). (jrd)
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Filing 191
USCA Case Number 23-55462 for #190 Amended Notice of Appeal to 9th Circuit, filed by Robert Cleveland. (Attachments: #1 Notice to All Parties and Counsel, #2 Mediation Letter, #3 Case Opening Packet)(jrd)
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Filing 190
AMENDED NOTICE OF APPEAL to the 9th Circuit by Robert Cleveland as to #189 Order on Motion for Taxation of Costs. (Filing fee $505.00 PAID. Receipt number ACASDC-17873651.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (O'Connor, Kristen)(jrd)
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Filing 189
ORDER denying #185 Plaintiff Robert Cleveland's Motion to Retax Costs. Signed by District Judge Ruth Bermudez Montenegro on 5/11/2023. (jpp)
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Filing 188
REPLY to Response to Motion re #185 MOTION for Taxation of Costs filed by Robert Cleveland. (Attachments: #1 Declaration of Plaintiff Robert Cleveland in Support of Plaintiff's Reply in Support of Motion to Retax Costs, #2 Request for Judicial Notice in Support of Plaintiffs Reply in Support of Motion to Retax Costs, #3 Appendix re Exhibit Index)(O'Connor, Kristen) (jpp).
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Filing 187
RESPONSE in Opposition re #185 MOTION for Taxation of Costs filed by The Behemoth. (Attachments: #1 Declaration of Lisa Hird Chung, #2 Request for Judicial Notice)(Chung, Lisa Marie) (jpp).
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Filing 186
TRANSCRIPT DESIGNATION AND ORDERING FORM by Robert Cleveland for proceedings held on 12/2/22, 12/5/22, 12/6/22, 12/7/22, 12/8/22, 12/12/22, 12/13/22, 12/14/22 re #178 Notice of Appeal to 9th Circuit,. (Johnson, Frank)(smy1).
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Filing 185
MOTION for Taxation of Costs by Robert Cleveland. (Attachments: #1 Declaration of Kristen O'Connor, #2 Appendix re Exhibit Index, #3 Declaration of Plaintiff Robert Cleveland)(O'Connor, Kristen) (jpp).
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Filing 184
Costs Taxed in amount of $49,860.91 against Plaintiff Robert Cleveland. (jms)
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Filing 183
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Day 7 - Morning Session held on 12/14/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Adrian Dale Baule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/8/2023. Redacted Transcript Deadline set for 3/20/2023. Release of Transcript Restriction set for 5/16/2023. (smy1)
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Filing 182
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of July Trial - Day 6 - Afternoon Session held on 12/13/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Amanda LeGore. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/8/2023. Redacted Transcript Deadline set for 3/20/2023. Release of Transcript Restriction set for 5/16/2023. (jpp)
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Filing 181
SUPPLEMENTAL DOCUMENT by The Behemoth re #172 Bill of Costs, Supplemental Memorandum of Costs. (Attachments: #1 Supplemental Declaration of Lisa Hird Chung, #2 Exhibit A thru L In Support of Declaration of Lisa Hird Chung)(Chung, Lisa Marie)(ave).
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Filing 180
USCA Time Schedule Order as to #178 Notice of Appeal to 9th Circuit, filed by Robert Cleveland. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 3/6/2023 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 4/5/2023.). (smy1)(jrd)
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Filing 179
USCA Case Number 23-55108 for #178 Notice of Appeal to 9th Circuit, filed by Robert Cleveland. (Attachments: #1 Attention All Parties and Counsel, #2 Case Opening Packet, #3 Mediation Letter, #4 Attention You are Not Registered)(smy1)(jrd)
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Filing 178
NOTICE OF APPEAL to the 9th Circuit by Robert Cleveland. ( Filing fee $ 505 receipt number ACASDC-17552723.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Representation Statement)(O'Connor, Kristen) (smy1).
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Filing 177
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 12/02/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Adrian Baule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/22/2023. Redacted Transcript Deadline set for 3/6/2023. Release of Transcript Restriction set for 5/2/2023. (jpp)
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Filing 176
REPLY - Other re #172 Bill of Costs, filed by The Behemoth. (Chung, Lisa Marie) (jpp).
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Filing 175
Objection to Bill of Costs re #172 Bill of Costs, filed by Robert Cleveland. (Attachments: #1 Declaration of Kristen O'Connor, #2 Appendix Index, #3 Declaration of Plaintiff Robert Cleveland)(O'Connor, Kristen)(jpp).
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Filing 174
NOTICE of Hearing - Bill of Costs, re #173 Bill of Costs filed by The Behemoth : Hearing set for 2/1/2023 at 10:30AM. Any opposition or responsive pleading due 1/27/2023. All parties are to appear telephonically for this Bill of Costs hearing and are directed to join on a conference call, then contact J. Simmons 619-321-0251 at the time of the hearing. (no document attached) (jms)
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Filing 173
BILL OF COSTS submitted on 1/17/2023 by Defendant The Behemoth in the amount of $ 51,800.91. Hearing set for 2/1/2023 at 10:30AM. (Chung, Lisa Marie) (jpp).
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Filing 172
BILL OF COSTS submitted on 1/17/2023 by Defendant The Behemoth in the amount of $ 51,800.91. Hearing set for 2/3/2023 at 01:30PM. (Attachments: #1 Notice Notice of Bill of Costs, #2 Memo of Points and Authorities Memorandum of Costs, #3 Declaration Declaration of Lisa Hird Chung in support of Bill of Costs, #4 Exhibit Index of Exhibits)(Chung, Lisa Marie) (jpp).
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Filing 171
JURY VERDICT in favor of Plaintiff against Defendant. (jpp).
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Filing 170
***DOCKETED IN ERROR*** (axc).
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Filing 169
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Excerpted Transcript of Jury Trial, Closing Arguments held on 12/14/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Adrian Dale Baule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/26/2023. Redacted Transcript Deadline set for 2/6/2023. Release of Transcript Restriction set for 4/5/2023. (jrd)
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Filing 168
MINUTE ORDER from Judge Ruth Bermudez Montenegro - The Court held a jury trial in this matter. On December 14, 2022, Defendant The Behemoth (Defendant) filed a Motion for Judgment as a Matter of Law (Motion). (Doc. 145.) On December 15, 2022, the jury rendered a verdict in favor of Defendant. Therefore, Defendants Motion is DENIED AS MOOT. (no document attached) (jpp)
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Filing 167
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that this action was tried by a jury with Judge Ruth Bermudez Montenegro presiding. The jury rendered averdict in favor of defendant The Behemoth (Defendant) on all claims tried before the jury. Separately, Plaintiff Robert Cleveland dismissed his claim based on California Business and Professions Code sections 17200 et seq. It is now ordered that Plaintiff recover nothing, the action be dismissed on the merits, and Defendant recover costs from Plaintiff to the extent awarded by the Court.(jpp)
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Filing 165
ORDER granting #113 Plaintiff Robert Clevelan's renewed Motion to File Under Seal certain medical and private information. Signed by District Judge Ruth Bermudez Montenegro on 1/03/2023. (jpp)
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Filing 164
ORDER granting #163 Joint Stipulation for partial dismissal of claims. Signed by District Judge Ruth Bermudez Montenegro on 12/30/2022. (jpp)
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Filing 163
Joint MOTION for Order / Stipulation for Partial Dismissal of Claims by Robert Cleveland. (O'Connor, Kristen) (jpp).
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Filing 162
MINUTE ORDER from Judge Ruth Bermudez Montenegro - Parties are ordered to meet and confer to prepare proposed judgment in compliance with Federal Rule of Civil Procedure 58. The proposed judgment shall be lodged in the undersigned's efile no later than December 29, 2022. After entry of judgment, the Court will consider any motion for fees and/or bill of costs as appropriate. (no document attached) (jpp)
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Filing 161
COURT EXHIBIT LIST. (Attachments: #1 Exhibits 1-5)(axc)
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Filing 160
Defendant Exhibit List. (axc)
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Filing 159
Plaintiff Exhibit List. (axc)
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Filing 158
OBJECTION by Robert Cleveland to Defendant The Behemoth's [Proposed] Judgment (O'Connor, Kristen)
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Filing 157
MINUTE ORDER from District Judge Ruth Bermudez Montenegro. On November 22, 2022, Plaintiff Robert Cleveland (Plaintiff) filed an Ex Parte Application for Order Re: Defendants Non-Compliance with Fed. R. Evid. 412 & Motion to Exclude (Motion to Exclude). (Doc. 127.) On December 9, 2022, Plaintiff filed a Motion on Spoilation of Evidence and Requested Adverse Inference Instruction (Motion on Spoilation). (Doc. 140.) For the reasons stated on the record, Plaintiffs Motion to Exclude (Doc. 127) and Motion on Spoilation (Doc. 140) are DENIED. Signed by District Judge Ruth Bermudez Montenegro on 12/16/2022. (no document attached) (jpp)
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Filing 156
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Day 6 - Morning Session held on 12/13/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Adrian Dale Baule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/6/2023. Redacted Transcript Deadline set for 1/17/2023. Release of Transcript Restriction set for 3/16/2023. (smy1)(jrd)
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Filing 155
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Day 5 - Morning Session held on 12/12/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Adrian Dale Baule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/6/2023. Redacted Transcript Deadline set for 1/17/2023. Release of Transcript Restriction set for 3/16/2023. (smy1)(jrd)
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Filing 154
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Day 4 - Afternoon Session held on 12/8/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Adrian Dale Baule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/6/2023. Redacted Transcript Deadline set for 1/17/2023. Release of Transcript Restriction set for 3/16/2023. (smy1)(jrd)
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Filing 153
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Day 3 - Afternoon Session held on 12/7/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Adrian Dale Baule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/6/2023. Redacted Transcript Deadline set for 1/17/2023. Release of Transcript Restriction set for 3/16/2023. (smy1)(jrd)
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Filing 152
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Day 3 - Morning Session held on 12/7/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Adrian Dale Baule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/6/2023. Redacted Transcript Deadline set for 1/17/2023. Release of Transcript Restriction set for 3/16/2023. (smy1)(jrd)
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Filing 151
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Day 2 - Morning Session held on 12/6/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Adrian Dale Baule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/6/2023. Redacted Transcript Deadline set for 1/17/2023. Release of Transcript Restriction set for 3/16/2023. (smy1)(jrd)
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Filing 150
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Excerpted Transcript of Jury Trial Day 1 held on 12/5/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Adrian Dale Baule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/6/2023. Redacted Transcript Deadline set for 1/17/2023. Release of Transcript Restriction set for 3/16/2023. (smy1)(jrd)
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Filing 149
Jury Instructions. (axc)
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Filing 148
Minute Entry for proceedings held before District Judge Ruth Bermudez Montenegro: Jury Trial completed on 12/15/2022. Day of Trial 8. 7 Trial Jurors Present. Court Exhibits 1-5 marked/received. Jury returned at 4:18 PM. Verdict: In favor of Defendant. Judge ordered lunch to be provided at court expense.(Court Reporter/ECR Adrian Baule). (Plaintiff Attorney Kristen O'Connor; Frank Johnson). (Defendant Attorney Lisa Marie Chung; Carl Lehman). (no document attached) (axc)
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Filing 147
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial day 5 - afternoon session held on 12/12/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Amanda M. LeGore. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/5/2023. Redacted Transcript Deadline set for 1/17/2023. Release of Transcript Restriction set for 3/15/2023. (jpp) Modified on 12/16/2022 to correct Day of Trial (smy1).
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Filing 146
Minute Entry for proceedings held before District Judge Ruth Bermudez Montenegro: Jury Trial held on 12/14/2022. Day of Trial 7. 7 Trial Jurors Present. Plaintiff rests. Defendant rests. Jury instructed. Closing arguments made. Bailiffs sworn. Parties verified correct exhibits are in evidence. Jury retired to deliberate at 4:30 PM. Jury Trial (Deliberations) set for 12/15/2022 09:00 AM in Courtroom 5B before District Judge Ruth Bermudez Montenegro.(Court Reporter/ECR Adrian Baule). (Plaintiff Attorney Kristen O'Connor; Frank Johnson). (Defendant Attorney Lisa Marie Chung; Carl Lehman). (no document attached) (axc) Modified on 12/15/2022 (axc).
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Filing 145
MOTION for Judgment as a Matter of Law by The Behemoth. (Lehman, Carl) (jpp).
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Filing 144
Minute Entry for proceedings held before District Judge Ruth Bermudez Montenegro: Jury Trial held on 12/13/2022. Day of Trial 6. 7 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial is continued to 12/14/2022 10:00 AM before District Judge Ruth Bermudez Montenegro.(Court Reporter/ECR Adrian Baule, Amanda LeGore). (Plaintiff Attorney Kristen O'Connor; Frank Johnson). (Defendant Attorney Lisa Marie Chung; Carl Lehman). (no document attached) (axc) Modified on 12/14/2022 (rla).
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Filing 143
Docketed in Error (jrm).
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Filing 142
Minute Entry for proceedings held before District Judge Ruth Bermudez Montenegro: Jury Trial held on 12/12/2022. Day of Trial 5. Juror #2 - excused. 7 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial is continued to 12/13/2022 09:00 AM in Courtroom 5B before District Judge Ruth Bermudez Montenegro.(Court Reporter/ECR Adrian Baule, Amanda LeGore). (Plaintiff Attorney Kristen O'Connor; Frank Johnson). (Defendant Attorney Lisa Marie Chung; Carl Lehman). (no document attached) (axc) Modified on 12/13/2022 (rla). Modified on 12/14/2022 (rla).
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Filing 141
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 4 held on 12/08/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Amanda LeGore. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/3/2023. Redacted Transcript Deadline set for 1/12/2023. Release of Transcript Restriction set for 3/13/2023. (jpp)
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Filing 140
MOTION for Order re Spoliation of Evidence and Requested Adverse Inference Instruction by Robert Cleveland. (Attachments: #1 Declaration of Kristen O'Connor in Support, #2 Appendix re Exhibits 1-7)(O'Connor, Kristen) (jpp).
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Filing 139
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 3 (Afternoon Session - 12:50pm to 2:31pm) held on 12/07/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Amanda LeGore. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/29/2022. Redacted Transcript Deadline set for 1/9/2023. Release of Transcript Restriction set for 3/8/2023. (jpp)
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Filing 138
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 2 Afternoon Session held on 12/06/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Amanda LeGore. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/29/2022. Redacted Transcript Deadline set for 1/9/2023. Release of Transcript Restriction set for 3/8/2023. (jpp)
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Filing 137
Minute Entry for proceedings held before District Judge Ruth Bermudez Montenegro: Jury Trial held on 12/8/2022. Day of Trial 4. 8 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial is continued to 12/12/2022 09:00 AM in Courtroom 5B before District Judge Ruth Bermudez Montenegro.(Court Reporter/ECR Adrian Baule, Amanda LeGore). (Plaintiff Attorney Kristen O'Connor; Frank Johnson). (Defendant Attorney Lisa Marie Chung; Carl Lehman). (no document attached) (axc) Modified on 12/14/2022 (rla).
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Filing 136
Minute Entry for proceedings held before District Judge Ruth Bermudez Montenegro: Jury Trial held on 12/7/2022. Day of Trial 3. 8 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial is continued to 12/8/2022 09:00 AM in Courtroom 5B before District Judge Ruth Bermudez Montenegro.(Court Reporter/ECR Adrian Baule, Amanda LeGore). (Plaintiff Attorney Kristen O'Connor; Frank Johnson). (Defendant Attorney Lisa Marie Chung; Carl Lehman). (no document attached) (axc) Modified on 12/14/2022 (rla).
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Filing 135
Minute Entry for proceedings held before District Judge Ruth Bermudez Montenegro: Jury Trial held on 12/6/2022. Day of Trial 2. 8 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial is continued to 12/7/2022 09:00 AM in Courtroom 5B before District Judge Ruth Bermudez Montenegro.(Court Reporter/ECR Adrian Baule, Amanda LeGore). (Plaintiff Attorney Kristen O'Connor; Frank Johnson). (Defendant Attorney Lisa Marie Chung; Carl Lehman). (no document attached) (axc) Modified on 12/7/2022 (axc). Modified on 12/14/2022 (rla).
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Filing 134
Minute Entry for proceedings held before District Judge Ruth Bermudez Montenegro: Jury Trial held on 12/5/2022. Day of Trial 1. Jury impaneled. Swore witnesses. Opening Statements by both parties. Exhibits marked received. Jury Trial is continued to 12/6/2022 09:00 AM in Courtroom 5B before District Judge Ruth Bermudez Montenegro.)(Court Reporter/ECR Adrian Baule). (Plaintiff Attorney Kristen O'Connor; Frank Johnson). (Defendant Attorney Lisa Marie Chung; Carl Lehman). (no document attached) (axc) Modified on 12/6/2022 (axc). Modified on 12/7/2022 (axc).
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Filing 133
Minute Entry for proceedings held before District Judge Ruth Bermudez Montenegro: Status Conference re Trial held on 12/2/2022. Jury Trial confirmed for 12/05/2022 at 9:00am in Courtroom 5B before District Judge Ruth Bermudez Montenegro.(Court Reporter/ECR Adrian Baule). (Plaintiff Attorney Kristen O'Connor; Frank Johnson; Chase Stern). (Defendant Attorney Lia Marie Hird Chung; Carl Lehman). (no document attached) (axc) Modified on 12/7/2022 (axc).
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Filing 132
NOTICE of Appearance by Nicole Rivers on behalf of Matthew A Barnes (Rivers, Nicole)Attorney Nicole Rivers added to party Matthew A Barnes(pty:mw) (jpp).
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Filing 131
ORDER granting #130 Stipulation to limit testimony of Third-Party Matthew Barnes. Signed by District Judge Ruth Bermudez Montenegro on 12/1/2022. (jpp)
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Filing 130
Joint MOTION /Stipulation to Limit Testimony of Third Party Matthew Barnes by The Behemoth. (Chung, Lisa Marie) (jpp).
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Filing 129
MINUTE ORDER from Judge Ruth Bermudez Montenegro. The Court hereby sets a status conference for December 2, 2022 at 1:30 p.m. to discuss preliminary matters before trial. Counsel are ordered to appear.(no document attached) (jpp)
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Filing 128
RESPONSE in Opposition re #127 Ex Parte MOTION for Order re: Defendant's Non-Compliance with Fed. R. Evid. 412Ex Parte MOTION to Exclude filed by The Behemoth. (Chung, Lisa Marie) (jpp).
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Filing 127
Ex Parte MOTION for Order re: Defendant's Non-Compliance with Fed. R. Evid. 412, Ex Parte MOTION to Exclude by Robert Cleveland. (Attachments: #1 Declaration of Kristen O'Connor in Support, #2 Appendix re Exhibit Index)(O'Connor, Kristen) (jpp).
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Filing 126
ORDER denying #122 Motion to Compel. Signed by Magistrate Judge Bernard G. Skomal on 11/22/2022. (jpp)
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Filing 125
REPLY - Other re #122 MOTION to Compel Compliance with Trial Subpoenas, #124 Response in Opposition to Motion, filed by Robert Cleveland. (Attachments: #1 Declaration of Frank J. Johnson, #2 Appendix re Exhibit Index)(Johnson, Frank) (jpp).
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Filing 124
RESPONSE in Opposition re #122 MOTION to Compel Compliance with Trial Subpoenas filed by The Behemoth. (Attachments: #1 Declaration of Lisa H. Chung, #2 Exhibit, #3 Declaration of Tom Fulp, #4 Notice Objection to F. Johnson Declaration re Motion to Compel)(Chung, Lisa Marie) (ddf).
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Filing 123
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Final Pretrial Conference held on 11/10/2022, before Judge Ruth Bermudez Montenegro. Court Reporter/Transcriber Adrian Baule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/6/2022. Redacted Transcript Deadline set for 12/16/2022. Release of Transcript Restriction set for 2/13/2023. (ddf)
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Filing 122
MOTION to Compel Compliance with Trial Subpoenas by Robert Cleveland. (Attachments: #1 Declaration of Frank J. Johnson, #2 Appendix Index of Exhibits A-J)(Johnson, Frank)Attorney Frank J. Johnson, Jr added to party Robert Cleveland(pty:pla) (ddf).
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Filing 121
NOTICE of Appearance of Counsel by Kristen L. O'Connor on behalf of Robert Cleveland (O'Connor, Kristen) (ddf).
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Filing 120
Minute Entry for proceedings held before District Judge Ruth Bermudez Montenegro: Pretrial Conference held on 11/10/2022. Jury Trial for 12/5/2022 confirmed. Seven day trial. 18 hours each side. Motion to Compel due by 11/14/2022. Response due by 11/17/2022. Proposed Pretrial Order due by 11/17/2022.(Court Reporter/ECR Adrian Baule). (Plaintiff Attorney Kristen O'Conner; Frank Johnson). (Defendant Attorney Lia Marie Hird Chung; Carl Lehman). (no document attached) (axc)
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Filing 119
PROPOSED JURY INSTRUCTIONS by The Behemoth. (Attachments: #1 Parties' Joint Proposed Jury Instructions, #2 Plaintiff's Proposed Jury Instructions, #3 Defendant's Objections to Plaintiff's Jury Instructions and Special Verdict Forms, #4 Defendant's Proposed Jury Instructions, #5 Plaintiff's Objections to Defendant's Proposed Jury Instructions)(Chung, Lisa Marie) (jpp).
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Filing 118
NOTICE Parties' Joint Trial Notebook by The Behemoth re #111 Order,, Set Hearings,, Terminate Hearings, (Attachments: #1 Plaintiff's Complaint, #2 Defendant's Answer, #3 Plaintiff's Trial Brief, #4 Defendant's Trial Brief, #5 Exhibits to Defendant's Trial Brief, #6 Plaintiff's Proposed Voir Dire Questions, #7 Defendant's Proposed Voir Dire Questions, #8 Joint Statement of the Case, #9 Joint Trial Stipulations, #10 Joint Witness List, #11 Joint Deposition Designation List, #12 Joint Exhibit List, #13 Plaintiff's Proposed Special Verdict Forms, #14 Defendant's Proposed Special Verdict Form)(Chung, Lisa Marie) (jpp).
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Filing 117
MINUTE ORDER - The Court hereby CONTINUES the Final Pretrial Conference (FPC) currently scheduled for November 3, 2022. The FPC is RESCHEDULED for Thursday, November 10, 2022 at 1:30 PM. All other dates and deadlines in the Amended Jury Trial Preparation and Scheduling Order (Doc. 111) remain in effect. IT IS SO ORDERED.(no document attached) (jpp)
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Filing 116
Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: In-person Mandatory Settlement Conference held on 10/26/2022. Case did not settle.(Plaintiff Attorney Kristen L. O'Connor, Frank Johnson). (Defendant Attorney Lisa Marie Hird Chung). (Robert Cleveland, John Baez).(no document attached) (rxa)
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Filing 115
REDACTION to #113 MOTION to File Documents Under Seal (Proposed Redacted Version) by Robert Cleveland. (O'Connor, Kristen) (jpp).
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Filing 114
FILED AS A SEALED DOCUMENT 166 on 1/3/2023 Doc. SEALED LODGED Proposed Document re: #113 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (O'Connor, Kristen) (jmo). Modified on 1/3/2023 to add file date of lodgment(jpp).
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Filing 113
MOTION to File Documents Under Seal (With attachments)(O'Connor, Kristen) (jmo).
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Filing 112
ORDER setting additional Settlement Conference for 10/26/2022 at 2:00pm. Signed by Magistrate Judge Bernard G. Skomal on 10/07/2022.(jpp)
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Filing 111
Amended Jury Trial preparation and SCHEDULING ORDER. The Court sets the trial in this matter for December 5, 2022, at 9:00 a.m. in Courtroom 5B. The final pretrial conference is scheduled on the calendar of the Honorable Ruth Bermudez Montenegro on November 3, 2022 at 1:30pm.. Signed by District Judge Ruth Bermudez Montenegro on 10/06/2022.(jpp)
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Filing 110
ORDER denying #66 , #69 , Plaintiff's Motions to Seal. Signed by District Judge Ruth Bermudez Montenegro on 10/06/2022. (jpp)
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Filing 109
ORDER: (1) Reserving ruling on Defendant The Behemoth's Motion in limine No. 2 to Exclude tweets of William Stamper and Motion in Limine No. 5 to Exclude Newgrounds thread titled "Unicorns with Dicks for Horns", and (2) Vacating 10/13/222 motion hearing (Docs. #58 , #61 ). Signed by District Judge Ruth Bermudez Montenegro on 10/06/2022.(jpp)
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Filing 108
ORDER denying #68 Plaintiff Robert Cleveland's Motion in limine No. 3 to Exclude evidence of Plaintiff's alleged failure to obtain consent to certain video and audio recordings at work. Signed by District Judge Ruth Bermudez Montenegro on 10/06/2022.(jpp)
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Filing 107
ORDER denying #68 Plaintiff Robert Cleveland's Motion in limine No. 2 to require the use of "Employer" and "Employee" to describe the relationship between The Behemoth and Plaintiff. Signed by District Judge Ruth Bermudez Montenegro on 10/06/2022.(jpp)
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Filing 106
ORDER denying #68 Plaintiff Robert Cleveland's Motion in limine No. 1 to Exclude evidence of Plaintiff's sexual behavior, lifestyle, coarse language, and/or predisposition. Signed by District Judge Ruth Bermudez Montenegro on 10/06/2022. (jpp)
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Filing 105
ORDER denying #62 Defendant The Behemoth's Motion in limine to Bifurcate the issue of punitive damages. Signed by District Judge Ruth Bermudez Montenegro on 10/06/2022. (jpp)
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Filing 104
ORDER granting in part and denying in part #60 Defendant The Behemoth's Motion in limine to Exclude extraneous comments regarding racism, public parking, and building conditions. Signed by District Judge Ruth Bermudez Montenegro on 10/06/2022. (jpp)
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Filing 103
ORDER granting #59 Defendant The Behemoth's Motion in limine to Exclude evidence and argument regarding Plaintiff's sexual orientation. Signed by District Judge Ruth Bermudez Montenegro on 10/06/2022. (jpp)
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Filing 102
ORDER denying #57 Defendant The Behemoth's Motion in limine to exclude evidence of Plaintiff's damages. Signed by District Judge Ruth Bermudez Montenegro on 10/06/2022. (jpp)
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Filing 101
ORDER denying #65 Plaintiff Robert Cleveland's Daubert - Motion to Exclude Defendant from making use of the testimony of Dominick Addario, M.D... Signed by District Judge Ruth Bermudez Montenegro on 10/06/2022. (jpp)
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Filing 100
ORDER denying #63 Defendant The Behemoth''s Motion to Exclude the testimony of Plaintiff's expert witness, Dr. Ellen Stein, PH.D... Signed by District Judge Ruth Bermudez Montenegro on 10/06/2022. (jpp)
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Filing 99
ORDER granting #98 Joint Stipulation to extend meet and confer deadline. Signed by District Judge Ruth Bermudez Montenegro on 8/26/2022. (jpp)
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Filing 98
Joint MOTION to Continue /Stipulation to Continue Meet and Confer Deadline by Robert Cleveland. (Attachments: #1 Declaration of Kristen O'Connor)(O'Connor, Kristen) (jpp).
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Filing 97
ORDER requiring the parties to meet and confer regarding proposed exhibits. Signed by District Judge Ruth Bermudez Montenegro on 8/24/2022.(jpp)
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Filing 96
Minute Entry for proceedings held before District Judge Ruth Bermudez Montenegro: Status Conference held on 8/18/2022. Daubert Hearing and Motion In Limine Hearing set for 10/13/2022 01:30 PM before District Judge Ruth Bermudez Montenegro. Jury Trial set for 12/5/2022 09:00 AM before District Judge Ruth Bermudez Montenegro. Court to issue scheduling order.(Court Reporter/ECR Adrian Baule). (Plaintiff Attorney Kristen O'Connor). (Defendant Attorney Lisa Chung). (no document attached) (tlw)
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Filing 95
ORDER: (1) Vacating motion in limine hearing; (2) Vacating trial dates; and (3) Resetting Status Conference for 8/18/2022 at 2:30pm. Signed by District Judge Ruth Bermudez Montenegro on 7/29/2022.(jpp)
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Filing 94
ORDER OF TRANSFER. Judge Linda Lopez is no longer assigned. Case reassigned to Ruth Bermudez Montenegro for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 19cv672-RBM-BGS. Signed by Judge Linda Lopez on 4/6/2022.(ddf)
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Filing 93
ORDER Granting Joint Motion To Reschedule Status Conference And Hearing Date [ECF No. #92 ]. Signed by Judge Linda Lopez on 4/4/2022. (ddf)
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Filing 92
Joint MOTION /Stipulation to Continue October 3, 2022 Status Conference and Hearing Date for Motions in Limine and Daubert Motions by The Behemoth. (Chung, Lisa Marie) QC Mailer re Proposed Orders should not be attached (ddf).
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Filing 91
Minute Entry for proceedings held before Judge Linda Lopez: Status Hearing and Scheduling Conference held on 3/28/2022. The trial set for 5/3/2022 is VACATED and RESET for 11/8/2022 to 11/10/2022 and 11/15/2022 to 11/18/2022. The trial notebook is due on or before 10/25/2022. All other aspects of Judge Curiel's order with respect to the trial notebook [ECF No. 48] remain the same. A status conference and hearing on the motions in limine and Daubert motions will be held on 10/3/2022 at 10:00 a.m.(Court Reporter/ECR Vanessa Evans). (Plaintiff Attorney Kristen O'Connor (Appearing by Zoom); Frank Johnson (Appearing by Zoom). (Defendant Attorney Lisa Chung ). (no document attached) (rla)
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Filing 90
OBJECTION by Robert Cleveland re #84 Proposed Jury Instructions and Special Verdict Forms (O'Connor, Kristen) (axc).
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Filing 89
REPLY - Other re #66 MOTION to File Documents Under Seal filed by Robert Cleveland. (O'Connor, Kristen) (axc).
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Filing 88
REPLY to Response to Motion re #65 MOTION to Exclude Defendant from Making Use of the Testimony of Dominick Addario, M.D. [Daubert Motion] filed by Robert Cleveland. (Attachments: #1 Declaration of Kristen O'Connor in Support)(O'Connor, Kristen)(axc).
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Filing 87
OBJECTION by The Behemoth re #78 Proposed Jury Instructions and Special Verdict Forms. (Chung, Lisa Marie)(axc).
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Filing 86
MINUTE ORDER. The motion hearings scheduled for 4/1/2022 are VACATED. A Status and Scheduling Conference is SET for 3/28/2022 at 11:00 A.M. in Courtroom 2B. Counsel may participate by phone or Zoom.(no document attached) (ddf)
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Filing 85
Minute Order. The Status Conference scheduled for 3/25/2022 at 11:00 AM in Courtroom 2B before Judge Linda Lopez is VACATED in light of the upcoming motions hearing. Counsel for the parties need not appear on 3/25/2022. (no document attached) (ssn)
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Filing 84
PROPOSED JURY INSTRUCTIONS by The Behemoth. (Chung, Lisa Marie) (ddf).
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Filing 83
RESPONSE in Opposition re #68 MOTION to Exclude [Plaintiff's Motions in Limine Nos. 1-3] (Plaintiff's MIL No. 1) filed by The Behemoth. (Attachments: #1 Declaration of Lisa Hird Chung, #2 Index of Exhibits to Chung Declaration)(Chung, Lisa Marie) (ddf).
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Filing 82
RESPONSE in Opposition re #68 MOTION to Exclude [Plaintiff's Motions in Limine Nos. 1-3] (Plaintiff's MIL No. 2) filed by The Behemoth. (Attachments: #1 Declaration of Lisa Hird Chung, #2 Index of Exhibits to Chung Declaration)(Chung, Lisa Marie) (ddf).
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Filing 81
RESPONSE in Opposition re #68 MOTION to Exclude [Plaintiff's Motions in Limine Nos. 1-3] (Plaintiff's MIL No. 3) filed by The Behemoth. (Attachments: #1 Declaration of Lisa Hird Chung, #2 Index of Exhibits to Chung Declaration)(Chung, Lisa Marie) (ddf).
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Filing 80
RESPONSE in Opposition re #65 MOTION to Exclude Defendant from Making Use of the Testimony of Dominick Addario, M.D. [Daubert Motion] filed by The Behemoth. (Attachments: #1 Declaration of Lisa Hird Chung, #2 Index of Exhibits to Chung Declaration)(Chung, Lisa Marie) (ddf).
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Filing 79
RESPONSE in Opposition re #69 MOTION to File Documents Under Seal filed by The Behemoth. (Attachments: #1 Declaration of Lisa Hird Chung, #2 Index of Exhibits to Chung Declaration)(Chung, Lisa Marie) (ddf).
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Filing 78
PROPOSED JURY INSTRUCTIONS by Robert Cleveland. (O'Connor, Kristen) (ddf).
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Filing 77
RESPONSE in Opposition re #62 MOTION to Bifurcate The Issue of Punitive Damages [Motion In Limine No. 6] filed by Robert Cleveland. (O'Connor, Kristen) (ddf).
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Filing 76
RESPONSE in Opposition re #61 MOTION to Exclude Newgrounds Thread Titled "Unicorns With Dicks For Horns" [Motion In Limine No. 5] filed by Robert Cleveland. (Attachments: #1 Declaration of Kristen O'Connor in Support, #2 Index re: Exhibits A-K to O'Connor Declaration)(O'Connor, Kristen) (ddf).
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Filing 75
RESPONSE in Opposition re #60 MOTION to Exclude Extraneous Comments Regarding Racism, Public Parking, and Building Conditions [Motion In Limine No. 4] filed by Robert Cleveland. (O'Connor, Kristen) (ddf).
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Filing 74
RESPONSE in Opposition re #59 MOTION to Exclude Evidence and Argument Regarding Plaintiff's Sexual Orientation [Motion in Limine No. 3] filed by Robert Cleveland. (O'Connor, Kristen) (ddf).
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Filing 73
RESPONSE in Opposition re #58 MOTION to Exclude Tweets of William Stamper [Motion In Limine No. 2] filed by Robert Cleveland. (Attachments: #1 Declaration of Kristen O'Connor in Support, #2 Index re: Exhibits A-L to O'Connor Declaration)(O'Connor, Kristen) (ddf).
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Filing 72
RESPONSE in Opposition re #57 MOTION to Exclude Evidence of Plaintiff's Damages [Motion in Limine No. 1] filed by Robert Cleveland. (Attachments: #1 Declaration of Kristen O'Connor in Support, #2 Index re: Exhibits A-H to O'Connor Declaration)(O'Connor, Kristen) (ddf).
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Filing 71
RESPONSE in Opposition re #63 MOTION to Exclude The Testimony of Plaintiff's Expert Witness, Dr. Ellen Stein, PH.D. filed by Robert Cleveland. (O'Connor, Kristen) (ddf).
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Filing 70
SEALED LODGED Proposed Document re: #69 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (O'Connor, Kristen) (ddf).
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Filing 69
MOTION to File Documents Under Seal (With attachments)(O'Connor, Kristen) (ddf).
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Filing 68
MOTION to Exclude [Plaintiff's Motions in Limine Nos. 1-3] by Robert Cleveland. (Attachments: #1 Memo of Points and Authorities of Motion in Limine No. 1 To Exclude Evidence of Plaintiff's Sexual Behavior, Lifestyle, Coarse Language, and/or Predisposition, #2 Memo of Points and Authorities of Motion in Limine No. 2 To Require the Use of Employer and Employee to Describe the Relationship Between Defendant & Plaintiff, #3 Memo of Points and Authorities of Motion in Limine No. 3 To Exclude Evidence of Plaintiffs Alleged Failure to Obtain Consent to Take Recordings at Work, #4 Declaration of Kristen O'Connor, #5 Exhibit 1-9)(O'Connor, Kristen) (ddf).
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Filing 67
SEALED LODGED Proposed Document re: #66 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(O'Connor, Kristen) (ddf).
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Filing 66
MOTION to File Documents Under Seal (With attachments)(O'Connor, Kristen) (ddf).
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Filing 65
MOTION to Exclude Defendant from Making Use of the Testimony of Dominick Addario, M.D. [Daubert Motion] by Robert Cleveland. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Kristen O'Connor, #3 Exhibit Index, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C (Redacted), #7 Exhibit D (Redacted), #8 Exhibit E (Redacted), #9 Exhibit F (Redacted), #10 Exhibit G (Redacted), #11 Exhibit H (Redacted))(O'Connor, Kristen) (ddf).
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Filing 64
NOTICE of Motions and Motions In Limine by The Behemoth re #59 MOTION to Exclude Evidence and Argument Regarding Plaintiff's Sexual Orientation [Motion in Limine No. 3], #58 MOTION to Exclude Tweets of William Stamper [Motion In Limine No. 2], #61 MOTION to Exclude Newgrounds Thread Titled "Unicorns With Dicks For Horns" [Motion In Limine No. 5], #57 MOTION to Exclude Evidence of Plaintiff's Damages [Motion in Limine No. 1], #60 MOTION to Exclude Extraneous Comments Regarding Racism, Public Parking, and Building Conditions [Motion In Limine No. 4], #62 MOTION to Bifurcate The Issue of Punitive Damages [Motion In Limine No. 6] (Chung, Lisa Marie) (ddf).
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Filing 63
MOTION to Exclude The Testimony of Plaintiff's Expert Witness, Dr. Ellen Stein, PH.D. by The Behemoth. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Lisa Hird Chung, #3 Index to Chung Declaration)(Chung, Lisa Marie) (ddf).
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Filing 62
MOTION to Bifurcate The Issue of Punitive Damages [Motion In Limine No. 6] by The Behemoth. (Attachments: #1 Declaration of Lisa Hird Chung)(Chung, Lisa Marie) (ddf).
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Filing 61
MOTION to Exclude Newgrounds Thread Titled "Unicorns With Dicks For Horns" [Motion In Limine No. 5] by The Behemoth. (Attachments: #1 Declaration of Lisa Hird Chung, #2 Index to Chung Declaration)(Chung, Lisa Marie) (ddf).
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Filing 60
MOTION to Exclude Extraneous Comments Regarding Racism, Public Parking, and Building Conditions [Motion In Limine No. 4] by The Behemoth. (Attachments: #1 Declaration of Lisa Hird Chung, #2 Index to Chung Declaration)(Chung, Lisa Marie) (ddf).
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Filing 59
MOTION to Exclude Evidence and Argument Regarding Plaintiff's Sexual Orientation [Motion in Limine No. 3] by The Behemoth. (Attachments: #1 Declaration of Lisa Hird Chung, #2 Index to Chung Declaration)(Chung, Lisa Marie) (ddf).
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Filing 58
MOTION to Exclude Tweets of William Stamper [Motion In Limine No. 2] by The Behemoth. (Attachments: #1 Declaration of Lisa Hird Chung, #2 Index to Chung Declaration)(Chung, Lisa Marie) (ddf).
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Filing 57
MOTION to Exclude Evidence of Plaintiff's Damages [Motion in Limine No. 1] by The Behemoth. (Attachments: #1 Declaration of Lisa Hird Chung, #2 Index to Chung Declaration)(Chung, Lisa Marie) (ddf).
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Filing 56
Counsel for the parties are ordered to appear for a Status Conference on 3/25/2022 at 11:00 AM in Courtroom 2B before Judge Linda Lopez. Signed by Judge Linda Lopez on 2/17/2022. (no document attached) (ssn)
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Filing 55
MINUTE ORDER: All dates and requirements currently set by Judge Curiel in the Trial Preparation and Scheduling Order [ECF No. #48 ] issued by Judge Curiel, including those regarding motions in limine, remain in effect. (no document attached) (ddf)
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Filing 54
MINUTE ORDER OF TRANSFER: This case is transferred from the calendar of the Honorable Gonzalo P. Curiel to the calendar of the Honorable Linda Lopez. All dates currently set before Judge Curiel shall remain as currently scheduled. Dates before the Magistrate Judge are unaffected by this Order. The new case number is 19cv672 LL (BGS).(no document attached) (jcj)
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Filing 53
ORDER #52 Regarding Clarification of Court's August 20,2021 Order. Signed by Judge Gonzalo P. Curiel on 9/22/21. (dlg)
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Filing 52
Ex Parte MOTION to Clarify the Court's August 20, 2021 Order by Robert Cleveland. (Attachments: #1 Declaration of Kristen O'Connor in Support, #2 Exhibit Index)(O'Connor, Kristen) (dlg).
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Filing 51
ORDER Granting In Part Joint Motion Regarding Limited Discovery Schedule #50 . Signed by Magistrate Judge Bernard G. Skomal on 9/13/2021. (dxf) (dlg).
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Filing 50
Joint MOTION for Discovery Regarding Limited Discovery Schedule by Robert Cleveland. (Attachments: #1 Declaration of Kristen O'Connor in Support)(O'Connor, Kristen) (dlg).
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Filing 49
ORDER Overruling in Part and Sustaining in Part Plaintiff's Objections to Magistrate Judge's May 27, 2021 Order #44 . Signed by Judge Gonzalo P. Curiel on 8/19/21.(dlg)
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Filing 48
Trial Preparation and Scheduling Order. Jury Trial set for 5/3/2022 08:30 AM before Judge Gonzalo P. Curiel.), Set/Reset Deadlines as to ( Responses due by 3/18/2022) Motion In Limine Hearing set for 4/1/2022 01:30 PM before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 7/22/2021.(zda) (jms).
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Filing 47
REPLY to Response to Motion re #44 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Robert Cleveland, re #42 Order on Motion to Preclude, Order on Motion for Sanctions filed by Robert Cleveland. (O'Connor, Kristen) (dlg).
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Filing 46
RESPONSE in Opposition re #44 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Robert Cleveland, re #42 Order on Motion to Preclude, Order on Motion for Sanctions filed by The Behemoth. (Attachments: #1 Declaration)(Chung, Lisa Marie) (sjt).
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Filing 45
ORDER Setting Briefing Schedule re #44 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Robert Cleveland, re #42 Order on Motion to Preclude, Order on Motion for Sanctions : Responses due by 6/25/2021, Replies due by 7/2/2021. Motion Hearing set for 8/27/2021 01:30 PM before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 6/11/21.(dlg)
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Filing 44
OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Robert Cleveland, re #42 Order on Motion to Preclude, Order on Motion for Sanctions (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Kristen O'Connor, #3 Exhibit)(O'Connor, Kristen)
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Filing 43
Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Final Pretrial Conference held on 6/4/2021 in person. Motion In Limine hearing set for 4/1/22 at 1:30 pm; Jury Trial set for 5/3/22 at 8:30 am. Court to issue written scheduling order. (Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Kristine O'Connor and Frank Johnson). (Defendant Attorney Lisa Chung and Carl Lehman). (no document attached) (ksr)
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Filing 42
ORDER Denying #37 Motion for Sanctions. Signed by Magistrate Judge Bernard G. Skomal on 5/27/21. (dlg)
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Filing 41
NOTICE of Change of Hearing: On Court's own motion; Final Pretrial Conference set for 1/29/21 VACATED AND RESET TO 6/4/2021 01:30 PM before Judge Gonzalo P. Curiel. (no document attached) (ksr)
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Filing 40
RESPONSE in Opposition re #37 MOTION to Preclude Evidence MOTION for Sanctions for Violations of Rules 16 and 26 of the Federal Rules of Civil Procedure filed by The Behemoth. (Attachments: #1 Declaration DECLARATION OF JOHN BAEZ IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR EVIDENCE PRECLUSION AND MONETARY SANCTIONS FOR VIOLATIONS OF RULES 16 AND 26 OF THE FEDERAL RULES OF CIVIL PROCEDURE, #2 Declaration DECLARATION OF LISA HIRD CHUNG IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR EVIDENCE PRECLUSION AND MONETARY SANCTIONS FOR VIOLATIONS OF RULES 16 AND 26 OF THE FEDERAL RULES OF CIVIL PROCEDURE, #3 Exhibit EXHIBIT INDEX TO THE DECLARATIONS OF JOHN BAEZ AND LISA HIRD CHUNG IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR EVIDENCE PRECLUSION AND FOR MONETARY SANCTIONS FOR VIOLATIONS OF RULES 16 AND 26)(Lehman, Carl) (dlg).
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Filing 39
OBJECTION by Robert Cleveland re #32 Notice (Other), #31 Pretrial Disclosures Pursuant to Federal Rules of Civil Procedure, Rule 26(a)(3) (O'Connor, Kristen) (dlg).
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Filing 38
OBJECTION by The Behemoth re #30 Pretrial Disclosures PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE, RULE 26(a)(3). (Chung, Lisa Marie) qc email re incorrect signature. Attorney is not to refile (dlg).
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Filing 37
MOTION to Preclude Evidence, MOTION for Sanctions for Violations of Rules 16 and 26 of the Federal Rules of Civil Procedure by Robert Cleveland. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Kristen O'Connor, #3 Exhibit, #4 Declaration of Frank J. Johnson, #5 Exhibit)(O'Connor, Kristen) (dlg).
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Filing 36
NOTICE of Withdrawal by Robert Cleveland re #34 MOTION to Preclude Evidence MOTION for Sanctions for Violations of Rules 16 and 26 of the Federal Rules of Civil Procedure, #35 Notice (Other), (O'Connor, Kristen)
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Filing 35
*** WITHDRAWN PER ECF 36 *** NOTICE of Errata by Robert Cleveland re #34 MOTION to Preclude Evidence MOTION for Sanctions for Violations of Rules 16 and 26 of the Federal Rules of Civil Procedure (Attachments: #1 Exhibit)(O'Connor, Kristen) QC email re errata. Attorney should withdraw and refile entire document (dlg). Modified on 1/12/2021 (dlg).
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Filing 34
*** WITHDRAWN PER ECF 36 *** MOTION to Preclude Evidence, MOTION for Sanctions for Violations of Rules 16 and 26 of the Federal Rules of Civil Procedure by Robert Cleveland. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Kristen O'Connor, #3 Exhibit, #4 Declaration of Frank J. Johnson, #5 Exhibit)(O'Connor, Kristen) (dlg). Modified on 1/12/2021 (dlg).
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Filing 33
Minute Entry for proceedings held with Chambers of Magistrate Judge Bernard G. Skomal: Counsel for the parties jointly contacted Judge Skomal's Chambers on 12/31/2020 to raise a discovery dispute regarding documents produced by Defendant on 12/23/2020. Plaintiff argued the documents are responsive to Plaintiff's discovery requests and should have been produced during fact discovery. Additionally, Plaintiff argues they should have been disclosed earlier. Defendant disagrees. Plaintiff seeks to file a motion for monetary and evidentiary sanctions. Plaintiff may file a motion addressing the issues raised on the call. It must be filed by 1/8/2021. Defendant's Opposition must be filed by 1/15/2021. Both briefs are limited to 15 pages. To the extent the briefing relies on exhibits, the exhibits must be either quoted or summarized within the briefing. (Plaintiff Attorney Kristen L. O'Connor). (Defendant Attorney Lisa Marie Hird Chung). (no document attached) (rxa)
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Filing 32
NOTICE of Clarification Regarding Defendants Pretrial Disclosures Pursuant To Federal Rules Of Civil Procedure, Rule 26(A)(3) by The Behemoth re #31 Pretrial Disclosures (Chung, Lisa Marie) (dlg).
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Filing 31
Pretrial Disclosures by The Behemoth Pursuant To Federal Rules Of Civil Procedure, Rule 26(A)(3) (Chung, Lisa Marie) (dlg).
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Filing 30
Pretrial Disclosures by Robert Cleveland (O'Connor, Kristen) (dlg).
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Filing 29
ORDER Granting Joint #28 Motion for Brief Continuance of Pre-Trial Disclosure and Pre-Trial Motion Deadlines. Signed by Magistrate Judge Bernard G. Skomal on 12/18/20. (dlg)
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Filing 28
Joint MOTION to Continue Pre-Trial Disclosures And Pre-Trial Motion Deadlines by The Behemoth. (Attachments: #1 Declaration DECLARATION OF LISA HIRD CHUNG IN SUPPORT OF JOINT MOTION FOR BRIEF CONTINUANCE OF PRE-TRIAL DISCLOSURES AND PRE-TRIAL MOTION DEADLINES)(Chung, Lisa Marie) (dlg).
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Filing 27
Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Mandatory Settlement Conference held on 12/4/2020. Case did not settle.(Plaintiff Attorney Kristin O'Connor, Frank Johnson). (Defendant Attorney Lisa Hird Chung). (Robert Cleveland, John Baez, Dan Paladin).(no document attached) (rxa)
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Filing 26
ORDER Converting MSC to Video Conference; and Resetting MSC for 2:00PM. The Mandatory Settlement Conference set for December 4, 2020 at 1:30 PM is continued to 2:00 PM on the same day, December 4, 2020. Signed by Magistrate Judge Bernard G. Skomal on 11/13/20.(dlg)
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Filing 25
ORDER granting Joint #24 Motion to Continue Expert Discovery and Pre-Trial Motion Deadlines. Signed by Magistrate Judge Bernard G. Skomal on 11/4/20. (dlg)
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Filing 24
Joint MOTION to Continue Expert Discovery And Pre-Trial Motion Deadlines by The Behemoth. (Attachments: #1 Declaration Chung Decl re Motion to Continue Deadlines, #2 Proposed Order)(Chung, Lisa Marie) (dlg).
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Filing 23
NOTICE of Appearance OF COUNSEL by Carl Jacob Lehman on behalf of The Behemoth (Lehman, Carl)Attorney Carl Jacob Lehman added to party The Behemoth(pty:dft) (dlg).
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Filing 22
NOTICE of Appearance OF COUNSEL by Lisa Marie Hird Chung on behalf of The Behemoth (Chung, Lisa Marie) (dlg).
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Filing 21
ORDER granting #20 Motion to Further Extend Expert Discovery and Pre-Trial Motion Deadlines. Signed by Magistrate Judge Bernard G. Skomal on 5/21/2020. (sjt)
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Filing 20
Joint MOTION for Discovery to Further Extend Expert Discovery and Pre-Trial Motion Deadlines by Robert Cleveland. (Attachments: #1 Declaration, #2 [Proposed] Order)(O'Connor, Kristen) (dlg).
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Filing 19
ORDER granting Joint #18 Motion to Extend Expert Discovery and Pre-Trial Motion Deadlines. Signed by Magistrate Judge Bernard G. Skomal on 3/20/20. (dlg)
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Filing 18
Joint MOTION for Discovery to Extend Expert Discovery and Pre-Trial Motion Deadlines by Robert Cleveland. (Attachments: #1 Declaration of Kristen O'Connor, #2 [Proposed] Order)(O'Connor, Kristen)
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Filing 17
Amended Order Granting Joint Motion to Continue Trial-Related Deadlines: Mandatory Settlement Conference set for 12/4/2020 at 1:30 PM before Magistrate Judge Bernard G. Skomal. Proposed Pretrial Order due by 1/22/2021. Final Pretrial Conference set for 1/29/2021 at 1:30 PM before Judge Gonzalo P. Curiel. Signed by Magistrate Judge Bernard G. Skomal on 3/10/20.(dlg)
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Filing 16
ORDER Denying Joint #15 Motion to Continue Trial-Related Deadlines. Signed by Magistrate Judge Bernard G. Skomal on 2/26/20. (dlg)
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Filing 15
MOTION to Continue re OF JOINT STIPULATION TO CONTINUE TRIAL-RELATED DEADLINES; [PROPOSED] ORDER by The Behemoth (Chung, Lisa Marie) QC email re proposed order (dlg).
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Filing 14
ORDER Re: #13 Physical and Mental Examination of Plaintiff and Changing Date for Close of Specific Fact Discovery from December 16, 2019 to December 21, 2019. Signed by Magistrate Judge Bernard G. Skomal on 12/11/19. (dlg)
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Filing 13
Joint MOTION for Discovery re Physical and Mental Examination of Plaintiff and Changing Date for Close of Specific Fact Discovery from December 16, 2019 to December 21, 2019 by Robert Cleveland. (Attachments: #1 Exhibit A, #2 Declaration of Kristen O'Connor)(O'Connor, Kristen)
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Filing 12
NOTICE of Change of Firm Name for Counsel for Defendant The Behemoth by The Behemoth (Chung, Lisa Marie) (dlg).
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Filing 11
Order Granting #10 Entry of Stipulated Protective Order as Modified. Signed by Magistrate Judge Bernard G. Skomal on 9/10/19.(dlg)
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Filing 10
NOTICE of Protective Order by The Behemoth (Chung, Lisa Marie) qc email re proposed order. Attorney should email to Chambers(dlg).
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Filing 9
SCHEDULING ORDER: A Mandatory Settlement Conference shall be conducted on July 31, 2020 at 1:30 pm in the chambers of Magistrate Judge Bernard G. Skomal. The Proposed Final Pretrial Conference Order shall be prepared, served and lodged with the assigned district judge by September 4, 2020. The final Pretrial Conference is scheduled on the calendar of the Honorable Gonzalo P. Curiel on September 11, 2020 at 1:30pm. Signed by Magistrate Judge Bernard G. Skomal on 8/26/19.(dlg)
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Filing 8
Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Early Neutral Evaluation and Case Management Conference held on 8/16/2019. Case did not settle. Court to issue scheduling order. (Plaintiff Attorney Kristen L. O'Connor). (Defendant Attorney Lisa Marie Hird Chung). (Robert Cleveland, Dan Paladin, John Baez).(no document attached) (rxa)
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Filing 7
JOINT DISCOVERY PLAN by Robert Cleveland (O'Connor, Kristen) (dlg).
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Filing 6
ORDER Granting Joint #5 Motion to Continue Early Neutral Evaluation Conference. The Early Neutral Evaluation Conference shall be continued to August 16, 2019 at 1:30 p.m. All other dates and deadlines outlined in the Notice and Order: (1) For Early Neutral Evaluation Conference, (2) Setting Rule 26 Compliance and Case Management Conference (Doc. 4) issued on April 26, 2019 shall remain in place. Signed by Magistrate Judge Bernard G. Skomal on 5/23/19. (dlg)
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Filing 5
Joint MOTION to Continue the Early Neutral Evaluation Conference by The Behemoth. (Chung, Lisa Marie) (dlg).
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Filing 4
NOTICE AND ORDER for Early Neutral Evaluation and Case Management Conference. An Early Neutral Evaluation of your case will be held on July 31, 2019, at 1:30 PM. Signed by Magistrate Judge Bernard G. Skomal on 4/26/19.(dlg)
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Filing 3
NOTICE of Party With Financial Interest by The Behemoth . No Parties With Financial Interest. (Chung, Lisa Marie) (dlg) (jao). Modified on 4/12/2019 to correct the spelling of Behemoth(als).
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Filing 2
ANSWER to Complaint re #1 Notice of Removal by The Behemoth.(als) (jao). Modified on 4/12/2019 to correct the spelling of Behemoth(als).
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Filing 1
NOTICE OF REMOVAL with Jury Demand from Superior Court of the State of California County of San Diego, case number 37-2019-00009443-CU-OE-CTL. ( Filing fee $ 400 receipt number 0974-12397391.), filed by The Behemoth, Does 1 through 10. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Documents)The new case number is 3:19-cv-00672-GPC-BGS. Judge Gonzalo P. Curiel and Magistrate Judge Bernard G. Skomal are assigned to the case.(als) (jao). Modified on 4/12/2019 to correct the spelling of Behemoth. (als). (Attachment 1 replaced on 4/12/2019) (als).
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