Richards v. Holsum Bakery, Inc., et al
| Warren N Richards, IV |
| Flowers Foods, Inc. and Holsum Bakery, Inc. |
| 2:2009cv00418 |
| March 2, 2009 |
| US District Court for the District of Arizona |
| Labor: E.R.I.S.A. Office |
| Maricopa |
| Mary H Murguia |
| None |
| Federal Question |
| 28:1132 E.R.I.S.A. |
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Filing
87
ORDER denying 75 Plaintiff's Motion to Remand to State Court and denying 82 Plaintiff's Motion to Set Aside 49 Court Order. ThepParties shall file a joint-status report with the Court no later than ten days after the date of this Orde r. The Clerk is directed to reassign this case. This matter has been reassigned by random lot to Judge David G. Campbell. All future pleadings in this matter should now list the following complete case number: CV 09-418 PHX-DGC. Signed by Judge Mary H Murguia on 2/22/10.(LSP)
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Filing
76
ORDER granting Defendants' 50 Motion for Attorney Fees in the amount of $13,000.00. Signed by Judge Mary H Murguia on 06/25/10.(ESL)
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Filing
74
ORDER denying 66 Motion to Remand to State Court with leave to re-file within 15 days of the filing date of this Order. In any subsequent Motion for Remand, Plaintiff is directed to address only his argument that remand is proper because a wrongful termination claim is only preempted if the employer had a benefits defeating motive in terminating the employee. Signed by Judge Mary H Murguia on 6/6/10.(KSP)
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Filing
59
ORDER denying 16 Motion to Remand to State Court. Rule 16 Scheduling Conference set for 1/25/10 at 4:00 p.m. Signed by Judge Mary H Murguia on 12/9/09.(KSP)
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Filing
49
ORDER signed by Judge Mary H Murguia on 11/5/09. IT IS ORDERED granting in part and denying in part Defendants Motion For Disqualification of Plaintiffs Counsel for Improper Ex Parte Communication in Violation of Ethical Rule 4.2. (Dkt. #42)IT IS F URTHER ORDERED excluding from any future proceedings any and all documents and evidence that are the product of counsels ex-parte contacts.IT IS FURTHER ORDERED that Plaintiffs counsel surrender to Defendant all documentation, including, but notes, m emos, and copies, that is related to or a consequence of counsels ex-parte communications with Ms. de Para.IT IS FURTHER ORDERED granting reasonable attorneys fees to Defendants for costs incurred. Defendants shall submit an application therefore su pported by an appropriate schedule of fees and costs, together with an appropriate affidavit within ten days of service of this order. Failure to timely file such an application shall be deemed to waive any claim to an award of fees and costs related to this matter. Plaintiffs counsel shall file any opposition to the application for fees and costs within 10 days from the service of the application.IT IS FURTHER ORDERED within 20 days of the service of this order, Plaintiff and Defendants counsel shall jointly cause the delivery of a copy of this order to the appropriate authority within the Arizona State Bar for whatever further investigation, review, or action it may deem appropriate.IT IS FURTHER ORDERED withdrawing the Courts previous Or der granting Plaintiffs Motion to Strike the First Amendment (Dkt. #20) and denying Plaintiffs Motion to Strike. (Dkt. #17).IT IS FURTHER ORDERED granting Plaintiffs Motion for an Evidentiary Hearing (Dkt. #47) for the purpose of presenting evidence concerning whether or not Defendants did, in fact, implement the Amendment.IT IS FURTHER ORDERED setting this matter for Evidentiary Hearing on November 23, 2009 at 3:00 p.m.(KSP)
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