Phillips v. Henry Schein Inc
Plaintiff: David N Phillips
Defendant: Henry Schein Inc
Case Number: 2:2019cv00337
Filed: October 7, 2019
Court: US District Court for the Eastern District of Washington
Office: Spokane Office
Presiding Judge: Rosanna Malouf Peterson
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 42 U.S.C. § 12101
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 4, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 4, 2019 Filing 54 MOTION to Appointment of Pro Bono Counsel by David N Phillips. Motion Hearing set for 1/3/2020 Without Oral Argument before Judge Rosanna Malouf Peterson. (Attachments: #1 Transmittal Envelope)(VR, Courtroom Deputy)
November 18, 2019 RESET Hearings: (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.) Pretrial Conference set for 7/21/2020 at 09:30 AM in Spokane Courtroom 901 before Judge Rosanna Malouf Peterson. (CLP, Case Administrator)
November 15, 2019 Opinion or Order Filing 53 BENCH TRIAL SCHEDULING ORDER: Telephonic Status Conference set for 4/10/2020 9:30 AM. Parties shall call the Court's toll-free conference line at (888) 363-4749 and enter access code 6699898#. Pretrial Conference set for 7/21/2020 at 9:30 AM in Spokane Courtroom 901. Bench Trial set for 8/3/2020 at 9:00 AM in Spokane Courtroom 901. Signed by Judge Rosanna Malouf Peterson. (CLP, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.) Modified on 11/18/2019 to correct PTC to 7/21/2020. (CLP, Case Administrator).
November 15, 2019 Filing 52 Minute Entry for TELEPHONIC proceedings held before Judge Rosanna Malouf Peterson: Scheduling Conference held on 11/15/2019. (Reported/Recorded by: Ronelle F. Corbey) (MF, Courtroom Deputy)
November 13, 2019 Filing 51 Rule 26 / Rule 16 Attorney Report and Discovery Plan by Henry Schein Inc. (Symes, David)
October 9, 2019 Remark: Notice Setting Telephonic Scheduling Conference mailed to Plaintiff, Mr. Phillips on 10/8/2019. (MF, Courtroom Deputy)
October 8, 2019 Filing 50 SCHEDULING CONFERENCE NOTICE : - Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail. Telephonic Scheduling Conference set for 11/15/2019 at 10:00 AM in via Teleconference before Judge Rosanna Malouf Peterson. (MF, Courtroom Deputy)
October 7, 2019 Filing 49 Case transferred in from District of Oregon; Case Number 1:18-cv-00340. Docket sheet received.
October 7, 2019 Opinion or Order Filing 48 ORDER: Granting Motion to Change or Transfer Venue (Related Doc #44 ). Signed on 10/07/2019 by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
October 7, 2019 Case electronically transferred out to the District of Eastern District of Washington, Spokane Division. (rsm) [Transferred from Oregon on 10/7/2019.]
October 4, 2019 Opinion or Order Filing 47 Scheduling Order by Magistrate Judge Mark D. Clarke. The Status Conference set for 10/07/2019 at 9:00 AM is canceled. The Court will be granting the Motion to Transfer #44 and will issue an Order on 10/07/2019. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
August 13, 2019 Opinion or Order Filing 46 MINUTES of Proceedings: A telephonic Status Conference was held. Discovery is to be completed by 11/12/2019. Dispositive Motions are due by 1/13/2020. A further Status Conference is set for 10/7/2019 at 09:00AM in Medford by telephone before Magistrate Judge Mark D. Clarke. Pro Se present for plaintiff. David Symes present as counsel for defendant. Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
August 7, 2019 Filing 45 Response in Opposition to Motion to Change or Transfer Venue #44 . Filed by Henry Schein Inc.. (Symes, David) [Transferred from Oregon on 10/7/2019.]
July 24, 2019 Filing 44 Motion to Change or Transfer Venue. Filed by David N. Phillips. (jkm) [Transferred from Oregon on 10/7/2019.]
July 24, 2019 Opinion or Order Filing 43 ORDER: The Clerk is instructed to docket the Letter to Judge Clarke dated 07/24/2019, received from Plaintiff regarding transfer of this case. The Court construes this letter as a motion for transfer of venue to the Eastern District of Washington, Spokane Division. Defendant shall have 14 days to file a response. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
July 22, 2019 Filing 42 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (jkm) [Transferred from Oregon on 10/7/2019.]
July 11, 2019 Opinion or Order Filing 41 Scheduling Order by Magistrate Judge Mark D. Clarke regarding Order 40 . Telephonic Status Conference is set for 8/13/2019 at 09:00AM before Magistrate Judge Mark D. Clarke. Conference call information to be provided in a separate entry. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
July 11, 2019 Opinion or Order Filing 40 ORDER: The Court has made several attempts to appoint pro bono counsel in this case, but unfortunately these attempts have been unsuccessful. Plaintiff may now proceed as a self-represented party, or he may attempt to obtain counsel on his own. Plaintiff shall inform the Court in writing, by August 12, whether he has obtained counsel or will proceed unrepresented. There are resources on the Court website that Plaintiff may use if proceeding unrepresented. See http://ord.uscourts.gov and the drop-down menu titled Representing Yourself. In particular, the information regarding e-filing is helpful to facilitate remote access to the Court docket. The Court will set a telephonic scheduling conference after August 12 to reset case deadlines. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
July 11, 2019 Opinion or Order Filing 39 Order Terminating Jeffrey M. Edelson as Pro Bono Counsel. Signed on 07/11/2019 by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
July 9, 2019 Filing 38 Pro Bono Appointment Response. Termination of the appointment is requested because. Filed by David N. Phillips. (Related document(s): Order Appointing Pro Bono Counsel, #36 .) (Edelson, Jeffrey) [Transferred from Oregon on 10/7/2019.]
July 1, 2019 Filing 37 Clerk's Notice of Mailing regarding Order Appointing Pro Bono Counsel, #36 .A copy of docket entry #36 sent to David Phillips by email on this date. (rsm) [Transferred from Oregon on 10/7/2019.]
July 1, 2019 Opinion or Order Filing 36 Order Appointing Jeffrey M. Edelson for David N. Phillips as Pro Bono Counsel (All Purpose Appointment). Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 7/15/2019. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
June 26, 2019 Opinion or Order Filing 35 Order Terminating Hopi Costello Ruplin as Pro Bono Counsel. Signed on 06/26/2019 by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
May 24, 2019 Filing 34 Pro Bono Appointment Response. Termination of the appointment is requested because of current capacity to take on a new case and to travel to Medford from the firms location in Portland.. Filed by David N. Phillips. (Related document(s): Order Appointing Pro Bono Counsel, #32 .) (Kayser, Christopher) [Transferred from Oregon on 10/7/2019.]
May 21, 2019 Filing 33 Clerk's Notice of Mailing regarding Order Appointing Pro Bono Counsel, #32 .A copy of document #32 sent by email to David Phillips on this date. (rsm) [Transferred from Oregon on 10/7/2019.]
May 21, 2019 Opinion or Order Filing 32 Order Appointing Hopi Costello Ruplin for David N. Phillips as Pro Bono Counsel (All Purpose Appointment). Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 6/4/2019. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
May 20, 2019 Opinion or Order Filing 31 Order Terminating Gregory Morphew as Pro Bono Counsel. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
May 20, 2019 Filing 30 Pro Bono Appointment Response. Termination of the appointment is requested because my office is located in Seattle, WA; I rarely practice in Oregon, and my experience is mostly Family Law not Torts. Filed by David N. Phillips. (Related document(s): Order Appointing Pro Bono Counsel, #27 .) (Morphew, Gregory) [Transferred from Oregon on 10/7/2019.]
April 15, 2019 Filing 28 Clerk's Notice of Mailing regarding Order Appointing Pro Bono Counsel, #27 sent to David Phillips on this date. (rsm) [Transferred from Oregon on 10/7/2019.]
April 11, 2019 Opinion or Order Filing 27 Order Appointing Gregory Morphew for David N. Phillips as Pro Bono Counsel (All Purpose Appointment). Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 4/25/2019. Signed on 04/11/2019 by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
April 9, 2019 Opinion or Order Filing 26 MINUTES of Proceedings: Telephonic Rule 16 Conference held. Court referred Pro Se Plaintiff to the Court's online resources, specifically the public website for "Representing Yourself." Court requests appointment of pro bono counsel. Discovery is to be completed by 7/9/2019. Dispositive Motions or Pretrial Order are due by 9/9/2019. Joint Alternate Dispute Resolution Report is due by 9/9/2019. No trial date set at this time. David Phillips, Pro Se present for plaintiff. David Symes present as counsel for defendant. Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
March 18, 2019 Opinion or Order Filing 25 RECORD OF ORDER by Magistrate Judge Mark D. Clarke: SETTING a telephonic Rule 16 Conference for April 9, 2019 at 9:00 AM. Conference call information will be provided in a separate entry. At the time of the Conference, parties should have their calendars available to discuss scheduling matters, including modification of the current case deadlines, joining additional parties and amending the pleadings, dispositive motions, and setting a trial date. The parties shall consult pursuant to FRCP 26(f) regarding a focused and proportional discovery plan prior to the Conference. Under LR 26.1(b) a written report is not required. However, the parties should be prepared to briefly summarize the issues in the case and give the Court a realistic picture of what discovery needs to be completed. The ultimate goal of the discovery plan shall be "the just, speedy, and inexpensive determination" of the action. FRCP 1. If depositions are anticipated, the parties should confer prior to the Conference and have a firm date for the depositions scheduled prior to the conference. Parties shall confer prior to the Conference and consider whether the case could benefit from a streamlined approach, utilizing limited discovery and early dispositive motions, settlement conference, or an expedited trial date. Finally, if the parties intend to file written consents to a magistrate judge, it would be helpful to do so prior to the Rule 16 Conference, particularly if they want to secure a firm trial date. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Mailed to Pro Se party on 03/18/2019.) (rsm) [Transferred from Oregon on 10/7/2019.]
December 7, 2018 Filing 24 Return of Service Executed as to David N. Phillips served on 11/2/2018, answer due on 11/26/2018. (Answer filed) (jkm) [Transferred from Oregon on 10/7/2019.]
November 26, 2018 Filing 23 Answer to #16 Amended Complaint . Filed by Henry Schein Inc.. (Symes, David) [Transferred from Oregon on 10/7/2019.]
November 14, 2018 Filing 22 Notice re: Service. Filed by David N. Phillips. (jkm) [Transferred from Oregon on 10/7/2019.]
November 5, 2018 Opinion or Order Filing 21 Scheduling Order by Magistrate Judge Mark D. Clarke regarding Discovery order, #20 . Dispositive Motions are due by 4/4/2019. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
November 5, 2018 Opinion or Order Filing 20 Notice of Case Assignment to Magistrate Judge Mark D. Clarke and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 3/5/2019. Joint Alternate Dispute Resolution Report is due by 4/4/2019. Pretrial Order is due by 4/4/2019. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
August 30, 2018 Filing 19 Summons Issued as to Henry Schein Inc.. (Summons, USM 285 form(s), and copies of the Complaint and Order to Proceed in forma pauperis forwarded to the U.S. Marshals Service for service.) (jkm) [Transferred from Oregon on 10/7/2019.]
August 21, 2018 Opinion or Order Filing 18 Order: The Court is in receipt of Plaintiff's proposed summons. Plaintiff is Ordered to submit to the Court within 14 days of receipt of this Order a completed USM 285 form and a copy of his Amended Complaint. The Clerk is directed to forward a blank USM 285 form to the Plaintiff. (A Copy of this Order and USM 285 form sent to Plaintiff). Ordered by Magistrate Judge Mark D. Clarke. (jkm) [Transferred from Oregon on 10/7/2019.]
August 10, 2018 Opinion or Order Filing 17 Order: GRANTING Plaintiff's Application for Leave to Proceed IFP #2 . Plaintiff's Amended Complaint #9 is reinstated as the operative complaint. He should file a proposed summons as soon as possible to proceed with the case. Signed on 8/10/2018 by Magistrate Judge Mark D. Clarke. (jkm) [Transferred from Oregon on 10/7/2019.]
July 11, 2018 Filing 16 Amended Complaint. Filed by David N. Phillips against Henry Schein Inc. (rsm) [Transferred from Oregon on 10/7/2019.]
June 15, 2018 Opinion or Order Filing 15 Opinion and Order: Based on the foregoing, Plaintiff's Amended Complaint (#9) is dismissed without prejudice and with leave to refile and Amended Complaint within 30 days of this ruling. Plaintiff must cure the deficiencies identified above or his case will be dismissed. Plaintiff's Application for Leave to Proceed IFP #2 is held in abeyance and will be considered when the amended complaint is filed. Motion to Change or Transfer Venue #14 is denied. (A copy of this Order mailed to Plaintiff). Signed on 6/15/2018 by Magistrate Judge Mark D. Clarke. (jkm) [Transferred from Oregon on 10/7/2019.]
May 7, 2018 Filing 14 Motion to Change or Transfer Venue. Filed by David N. Phillips. (jkm) [Transferred from Oregon on 10/7/2019.]
May 7, 2018 Filing 13 Notice of Change of Address. Filed by David N. Phillips. (jkm) [Transferred from Oregon on 10/7/2019.]
March 14, 2018 Opinion or Order Filing 12 ORDER: Granting #10 Application for CM/ECF Registration as a Self-Represented Party (CM/ECF Registered User). Ordered by Magistrate Judge Mark D. Clarke. (jkm) [Transferred from Oregon on 10/7/2019.]
March 14, 2018 Filing 11 Notification of CM/ECF Account for David N. Phillips (Pro Se Filer admission). Your login is: dnphillips. Go to #the CM/ECF login page to set your password. (jkm) [Transferred from Oregon on 10/7/2019.]
March 13, 2018 Filing 10 Application for CM/ECF Registration as a Self-Represented Party. Filed by David N. Phillips. (jkm) [Transferred from Oregon on 10/7/2019.]
March 5, 2018 Filing 9 Amended Complaint. Filed by David N. Phillips against Henry Schein Inc. (Attachments: #1 Attachment, #2 Attachment, #3 Attachment). (jkm) [Transferred from Oregon on 10/7/2019.]
February 27, 2018 Filing 8 Clerk's Notice of Mailing. Copies of documents (6) and (7) sent to David N. Phillips on this date. (rsm) [Transferred from Oregon on 10/7/2019.]
February 27, 2018 Opinion or Order Filing 7 Scheduling Order by Magistrate Judge Mark D. Clarke. Amended Complaint is due 3/29/2018. Ordered by Magistrate Judge Mark D. Clarke. (rsm) [Transferred from Oregon on 10/7/2019.]
February 27, 2018 Opinion or Order Filing 6 ORDER: Based on the foregoing. Plaintiff's Complaint #1 is dismissed without prejudice and with leave to refile an Amended Complaint within thirty days of this ruling. Plaintiff must cure the deficiencies identified above or his case will be dismissed. Plaintiff's IFP application #2 is held in abeyance and will be considered when the amended complaint is filed. Plaintiff's Motionfor Appointment of Counsel #3 is denied. Signed on 02/27/2018 by Magistrate Judge Mark D. Clarke. (rsm) (rsm) [Transferred from Oregon on 10/7/2019.]
February 26, 2018 Filing 5 Clerk's Notice of Mailing to David Phillips regarding Case Assignment Notice #4 . (jkm) [Transferred from Oregon on 10/7/2019.]
February 26, 2018 Filing 4 Notice of Case Assignment: This case is assigned to Magistrate Judge Mark D. Clarke. (jkm) [Transferred from Oregon on 10/7/2019.]
February 26, 2018 Filing 3 Motion for Appointment of Counsel. Filed by David N. Phillips. (jkm) [Transferred from Oregon on 10/7/2019.]
February 26, 2018 Filing 2 Application for Leave to Proceed IFP. Filed by David N. Phillips. (jkm) [Transferred from Oregon on 10/7/2019.]
February 26, 2018 Filing 1 Complaint. Jury Trial Requested: Yes. Filed by David N. Phillips against Henry Schein Inc. (Attachments: #1 Exhibit, #2 Civil Cover Sheet). (jkm) [Transferred from Oregon on 10/7/2019.]

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Defendant: Henry Schein Inc
Represented By: David P R Symes
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Plaintiff: David N Phillips
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