Parker v. McCarville Law Offices, PLC, et al
| Nikki J Parker |
| David A McCarville and McCarville Law Offices PLC |
| 2:2010cv00304 |
| February 11, 2010 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Joseph R Goodwin |
| Civil Rights: Jobs |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 20, 2011. A more recent docket listing may be available from PACER.
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| Filing 84 Sealed SETTLEMENT AGREEMENT filed by David A McCarville, McCarville Law Offices PLC. (REW) |
Filing 83
ORDER granting Defendants' #81 Motion to Seal Confidential Settlement Agreement. Signed by Judge Joseph R Goodwin on 5/20/11.(REW)
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Filing 82
ORDER granting #78 Joint Motion for approval of Settlement Agreement and Dismissal. This action is hereby DISMISSED WITH PREJUDICE, each party to bear its own attorneys' fees and costs. The court does not retain further jurisdiction over this action for any purpose, including the enforcement of any settlement agreement. Signed by Judge Joseph R Goodwin on 5/12/11.(DMT)
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| Filing 81 MOTION to Seal Document #79 Sealed Lodged Proposed Document, #78 Joint MOTION Motion for Approval of Settlement Agreement and for Leave to file Settlement Agreement under Seal by David A McCarville, McCarville Law Offices PLC. (Attachments: #1 Text of Proposed Order Granting Motion)(Peters, Kristy) |
| Filing 80 NOTICE TO FILER OF DEFICIENCY re #79 Sealed Lodged Proposed Document, filed by David A McCarville, McCarville Law Offices PLC, Nikki J Parker. Description of deficiency: Required document is missing. (JEMB) |
| Filing 79 *SEALED LODGED Proposed Confidential Settlement Agreement re: #81 Motion to Seal. Document to be filed by Clerk if Motion to Seal is granted. Filed by David A McCarville, McCarville Law Offices PLC, Nikki J Parker. (Peters, Kristy) *Modified to link to motion to seal on 5/13/2011 (JEMB). |
| Filing 78 Joint MOTION Motion for Approval of Settlement Agreement and for Leave to file Settlement Agreement under Seal by David A McCarville, McCarville Law Offices PLC, Nikki J Parker. (Attachments: #1 Text of Proposed Order Proposed Order)(Peters, Kristy) |
| Filing 77 Minute Entry. Proceedings held before Magistrate Judge David K Duncan held on 5/3/2011. Further discussions regarding settlement with counsel between 4/21-29, 2011. (TLJ) |
| Filing 76 NOTICE re of Defendants' Violation of Doc. 71 Court Order and Request Defendants and Counsel Be Held in Contempt by Nikki J Parker re #71 Settlement Conference, Set Deadlines,,,,. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Strojnik, Peter) |
| Filing 75 REPLY to Response to Motion re #73 MOTION to Enforce Open Court Settlement Agreement and Request for Sanctions Against Defendants and Their Counsel MOTION for Sanctions filed by Nikki J Parker. (Strojnik, Peter) |
| Filing 74 RESPONSE in Opposition re #73 MOTION to Enforce Open Court Settlement Agreement and Request for Sanctions Against Defendants and Their Counsel MOTION for Sanctions filed by David A McCarville, McCarville Law Offices PLC. (Attachments: #1 Exhibit A)(Peters, Kristy) |
| Filing 73 *MOTION to Enforce Open Court Settlement Agreement and MOTION (Request) for Sanctions Against Defendants and Their Counsel by Nikki J Parker. (Attachments: #1 Exhibit, #2 Exhibit Decl. of Counsel, #3 Exhibit Proposed Order)(Strojnik, Peter). Added MOTION for Sanctions on 4/21/2011 (SAT)* |
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Filing 72
ORDER - Pursuant to Rule 7.2(j) of the Local Rules of Civil Procedure and Rule 37 of the Federal Rules of Civil Procedure, counsel must personally meet and confer and make all reasonable efforts to resolve a discovery dispute prior to contacting the Court. GENERALLY, NO MOTIONS OR PLEADINGS CONCERNING DISCOVERY DISPUTES ARE PERMITTED TO BE FILED. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. Signed by Judge Joseph R Goodwin on 4/7/11. (Note: See Order for full details)(KMG)
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| Filing 71 Minute Entry. Proceedings held before Magistrate Judge David K Duncan: Settlement Conference held on 4/5/2011 and agreement between parties being reached, parties agree as follows: The essential terms of the Settlement Agreement have been put forth on the record. IT IS HEREBY ORDERED final execution of the settlement in this case will be completed no later than 4/26/2011. A Stipulation to Dismiss this case to be filed with the Court no later than 4/29/2011. Based on a confidentiality agreement between the parties, the Court ORDERS the audio recording of this settlement conference sealed and accessible only by the parties or by Court Order. (Recorded by COURTSMART.)(KMG) |
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Filing 70
ORDER - The Scheduling Order (Doc. 40) entered on 8/9/2010 by the Honorable Neil V. Wake is ADOPTED by this court. A Final Pretrial Conference is SCHEDULED for 6/9/2011 at 11:00 AM (MST) before Judge Joseph R Goodwin. The conference is to be conducted telephonically or by video conference. The court prefers the final pretrial conference be conducted by video conference when available. Cnsl for all parties must contact Chief Judge Goodwin's chambers at 304-347-3192 to coordinate the conference. Signed by Judge Joseph R Goodwin on 2/28/11. (SAT)
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| Filing 69 Minute Order: This case is reassigned to the Honorable Jospeh R. Goodwin( Visiting Judge). All future documents filed shall include the initials JRG as part of the complete case number. Any deadlines and hearings are affirmed unless reset by subsequent separate order. Contact information for this visiting Judge is located on the Court's website under the Judges and Courtrooms tab. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) |
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Filing 68
ORDER setting Settlement Conference for 4/5/2011 09:00 AM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge David K Duncan. Signed by Magistrate Judge David K Duncan on 1/18/11. (DMT)
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| Filing 67 TEXT ONLY ORDER: The Court having reviewed the parties #66 Joint Motion to Extend Dispositive Motion to Permit Time to Complete Settlement Conference, ORDERED granting the aforementioned motion. FURTHER ORDERED extending the deadline for the filing of dispositive motions from 02/04/11 to 05/06/11. To coincide with this order, the Court also orders the deadline for the filing of a Joint Pretrial Order extended from 02/18/11 to 05/20/11. All other deadlines remain unchanged. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 66 MOTION for Extension of Time JOINT MOTION to Extend Dispositive Motion Deadline to Permit Time for Settlement Conference by Nikki J Parker. (Attachments: #1 Text of Proposed Order Proposed Order)(Strojnik, Peter) |
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Filing 65
ORDER: denying #64 Motion to Refer to Alternative Magistrate Judge for Settlement Conference. ORDERED that the joint motion at Docket 64 is DENIED without prejudice to a subsequent motion seeking an extension of the dispositive motion deadline, once the parties have scheduled their settlement conference. See order for details. Signed by Judge Neil V Wake on 01/07/11. (NKS)
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| Filing 64 MOTION JOINT MOTION to Refer to Alternate Magistrate Judge for Settlement Conference, Alternatively, Joint Motion to Extend Dispositive Motion Deadline by Nikki J Parker. (Attachments: #1 Text of Proposed Order Proposed Order)(Strojnik, Peter) |
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Filing 63
ORDER granting the parties' #62 Stipulation to Refer Matter to a United States Magistrate Judge for Settlement Conference. ORDER referring this matter to Magistrate Judge David K. Duncan to conduct a settlement conference. Signed by Judge Neil V Wake on 12/15/10. (TLJ)
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| Filing 62 STIPULATION to Refer Matter to a United States Magistrate Judge for Settlement Conference by David A McCarville, McCarville Law Offices PLC, Nikki J Parker. (Attachments: #1 Text of Proposed Order)(Peters, Kristy) |
| Filing 61 NOTICE re of Service of Defendants' Third Supplemental Disclosure Statement on Plaintiff by David A McCarville, McCarville Law Offices PLC. (Peters, Kristy) |
| Filing 60 NOTICE re of Service of Defendants Second Supplemental Disclosure Statement on Plaintiff by David A McCarville, McCarville Law Offices PLC. (Peters, Kristy) |
| Filing 59 NOTICE re of Service of Defendants First Supplemental Disclosure Statement on Plaintiff by David A McCarville, McCarville Law Offices PLC. (Peters, Kristy) |
| Filing 58 NOTICE re of Service of Defendants Responses to Plaintiffs Second Set of Requests for Production of Documents on Plaintiff by David A McCarville, McCarville Law Offices PLC. (Peters, Kristy) |
| Filing 57 NOTICE of Deposition of Laurel Bolduc, filed by Nikki J Parker. (Strojnik, Peter) |
| Filing 56 NOTICE of Deposition of Nikki J. Parker, filed by David A McCarville, McCarville Law Offices PLC. (Peters, Kristy) |
| Filing 55 NOTICE of Deposition of McCarville Law Offices, filed by Nikki J Parker. (Strojnik, Peter) |
| Filing 54 NOTICE of Deposition of David A. McCarville, filed by Nikki J Parker. (Strojnik, Peter) |
| Filing 53 NOTICE re of Service of Second Set of Request for Production of Documents by Nikki J Parker. (Strojnik, Peter) |
| Filing 52 NOTICE re of Service of Responses to Requests for Admissions by Nikki J Parker. (Strojnik, Peter) |
| Filing 51 NOTICE of Deposition of Nikki J. Parker, filed by David A McCarville, McCarville Law Offices PLC. (Peters, Kristy) |
| Filing 50 NOTICE of Deposition of David A. McCarville, filed by Nikki J Parker. (Strojnik, Peter) |
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Filing 49
ORDER that Plaintiff shall file amended responses to the requests for admission by 10/29/10. If Plaintiff misses this deadline, the requests shall be deemed admitted. Signed by Judge David G Campbell on 10/18/10. (ESL)
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| Filing 48 STATEMENT of JOINT STATEMENT TO THE COURT REGARDING DISCOVERY DISPUTE by Defendants David A McCarville, McCarville Law Offices PLC, Plaintiff Nikki J Parker. (Attachments: #1 Exhibit)(Peters, Kristy) |
| Filing 47 NOTICE re of Service of Responses to Discovery by Nikki J Parker. (Strojnik, Peter) |
| Filing 46 NOTICE re of Service of Supplemental Responses to Discovery by Nikki J Parker. (Strojnik, Peter) |
| Filing 45 NOTICE re Notice of Service of Defendants' Responses to Plaintiff's First Set of Requests For Production and Special Interrogatories To Defendant McCarville Law Offices by David A McCarville, McCarville Law Offices, PLC. (Peters, Kristy) |
| Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference Proceedings held on 08/06/2010, before Judge Neil V Wake. Court Reporter Laurie A Adams. 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.. Redaction Request due 9/28/2010. Redacted Transcript Deadline set for 10/8/2010. Release of Transcript Restriction set for 12/6/2010. (BAS) |
| Filing 43 NOTICE re NOTICE OF SERVICE OF DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSIONS TO PLAINTIFF by David A McCarville, McCarville Law Offices, PLC. (Peters, Kristy) |
| Filing 42 NOTICE re of Service of Responses to Discovery by Nikki J Parker. (Strojnik, Peter) |
| Filing 41 NOTICE re of Service of Plaintiff's Discovery Request by Nikki J Parker. (Strojnik, Peter) |
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Filing 40
SCHEDULING ORDER Discovery due by 12/17/2010. Dispositive motions due by 2/4/2011. Signed by Judge Neil V Wake on 08/06/10. (NOTE: see attached pdf for complete details) (ESL)
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| Filing 39 TRANSCRIPT REQUEST OF SCHEDULING CONFERENCE by David A McCarville, McCarville Law Offices, PLC for proceedings held on 08/06/2010 before Judge NEIL V. WAKE.. (Peters, Kristy) CORRECTION: Document filed with incorrect case number. Modified on 8/9/2010 (ESL). |
| Filing 38 Minute Entry for proceedings held before Judge Neil V Wake. Appearances: Peter K. Strojnik for plaintiff. Laurent Badoux and Kristy Peters for defendants. Scheduling Conference held on 8/6/2010. Status of the case is discussed and case management deadlines are established. Defense counsel is required to file a motion for leave if he intends to file an early motion for summary judgment. The Court will enter a Scheduling Order. (Court Reporter Laurie Adams.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) |
| Filing 37 REPORT re: Rule 26(f) Planning Meeting by David A McCarville, McCarville Law Offices, PLC, Nikki J Parker. (Peters, Kristy) |
| Filing 36 Notice re NOTICE OF SERVICE OF DEFENDANTS FIRST SET OF REQUESTS FOR PRODUCTION AND FIRST INTERROGATORIES TO PLAINTIFF by David A McCarville, McCarville Law Offices, PLC (Peters, Kristy) |
| Filing 35 Notice re of Service of Plaintiff's Rule 26 Disclosure by Nikki J Parker (Strojnik, Peter) |
| Filing 34 Notice re Notice of Service of Defendants' Initial Disclosure Statement by David A McCarville, McCarville Law Offices, PLC (Peters, Kristy) |
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Filing 33
ORDER issued: Scheduling Conference set for 8/6/2010 at 10:00 AM before Judge Neil V Wake. See order for details and deadlines. Signed by Judge Neil V Wake on 6/21/10. (SJF)
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| Filing 32 REQUEST re: to Set Rule 16 Case Management Conference by Plaintiff Nikki J Parker. (Strojnik, Peter) |
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Filing 31
ORDER that Defendants' #26 Motion to Set Aside Entry of Default is granted; that Plaintiff's #23 Motion to Strike Defendants' Answer is denied; that Plaintiff's #18 Motion for Default Judgment is denied. Signed by Judge Neil V Wake on 05/27/10. (ESL)
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| Filing 30 REPLY in Support re #26 MOTION to Set Aside re Default Judgment filed by David A McCarville, McCarville Law Offices, PLC. (Attachments: #1 Exhibit A)(Peters, Kristy) |
| Filing 29 REPLY to Response to Motion re #23 MOTION to Strike re Answer (Doc. 20) filed by Nikki J Parker. (Strojnik, Peter) |
| Filing 28 RESPONSE in Opposition re #26 MOTION to Set Aside re Default Judgment filed by Nikki J Parker. (Attachments: #1 Exhibit 1, #2 Exhibit Declaration of Counsel, #3 Exhibit Declaration of Nikki Parker)(Strojnik, Peter) |
| Filing 27 RESPONSE to Motion re #23 MOTION to Strike re Answer (Doc. 20) and Request Briefing Be Held In Abeyance filed by David A McCarville, McCarville Law Offices, PLC. (Badoux, Laurent) |
| Filing 26 MOTION to Set Aside re Default Judgment by David A McCarville, McCarville Law Offices, PLC. (Attachments: #1 Exhibit A)(Badoux, Laurent) |
| Filing 25 NOTICE of Appearance by Kristy Leah Peters on behalf of David A McCarville, McCarville Law Offices, PLC (Peters, Kristy) |
| Filing 24 NOTICE of Appearance by Laurent Richard George Badoux on behalf of David A McCarville, McCarville Law Offices, PLC (Badoux, Laurent) |
| Filing 23 MOTION to Strike re Answer (Doc. 20) by Nikki J Parker. (Attachments: #1 Exhibit E-mail exchanges, #2 Exhibit Decl. of Counsel, #3 Exhibit Proposed Order)(Strojnik, Peter) |
| Filing 22 Notice re Service of Answer and Disclosure Statement by David A McCarville, McCarville Law Offices, PLC (McCarville, David) |
| Filing 21 Corporate Disclosure Statement by David A McCarville, McCarville Law Offices, PLC. (McCarville, David) |
| Filing 20 Defendants' ANSWER to #11 Amended Complaint by David A McCarville, McCarville Law Offices, PLC.(McCarville, David) |
| Filing 19 LODGED Proposed Proposed Form of Default Judgment re: #18 MOTION for Default Judgment as to Defendants McCarville Law Offices, PLC, an Arizona professional limited liability company, and David A. McCarville, an individual. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Nikki J Parker. (Strojnik, Peter) |
| Filing 18 MOTION for Default Judgment as to Defendants McCarville Law Offices, PLC, an Arizona professional limited liability company, and David A. McCarville, an individual by Nikki J Parker. (Attachments: #1 Affidavit Affidavit of Peter Kristofer Strojnik)(Strojnik, Peter) |
| Filing 17 **SET ASIDE PER ORDER DATED 05/27/10***Clerk's ENTRY OF DEFAULT Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure and upon #14 application by the Plaintiff, default is hereby entered against Defendant McCarville Law Offices, PLC and David A. McCarville. (ESL) Modified on 5/27/2010 (ESL). |
| Filing 16 Notice re of Service of Request for Entry of Default on All Defendants by Nikki J Parker re #15 Lodged Proposed Document, #14 MOTION for Entry of Default as to McCarville Law Offices, PLC and David A. McCarville (Strojnik, Peter) |
| Filing 15 Notice re Lodged Proposed Entry of Default re: #14 MOTION for Entry of Default as to McCarville Law Offices, PLC and David A. McCarville. Filed by Nikki J Parker. (Strojnik, Peter) INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM (lodged proposed document) TO (notice-other) Modified on 4/19/2010 (ESL). |
| Filing 14 APPLICATION for Entry of Default as to McCarville Law Offices, PLC and David A. McCarville by Nikki J Parker. (Attachments: #1 Affidavit Affidavit of Peter Strojnik)(Strojnik, Peter) INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM (motion) TO (application) Modified on 4/19/2010 (ESL). |
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Filing 13
ORDER, Plaintiff show cause by 5/14/10 why this action should not be dismissed for lack of prosecution, unless a responsive pleading or an application for entry of default has been filed by that date; Plaintiff is directed to serve a copy of this order on defendants; if Plaintiff fails to comply with this order, the Clerk shall dismiss this action after 5/14/10 for Plaintiff's lack of prosecution. Signed by Judge Neil V Wake on 4/14/10. (REW)
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| Filing 12 Notice re of Service of Doc. 11 First Amended Complaint by Nikki J Parker re #11 Amended Complaint (Strojnik, Peter) |
| Filing 11 AMENDED COMPLAINT against All Defendants ;Jury Demand, filed by Nikki J Parker.(Strojnik, Peter) |
| Filing 10 NOTICE of Appearance by Peter Kristofer Strojnik on behalf of Nikki J Parker (Strojnik, Peter) |
| Filing 7 NOTICE of Appearance by Peter Strojnik on behalf of Nikki J Parker (Strojnik, Peter) |
| Filing 9 SUMMONS Returned Executed by Nikki J Parker. McCarville Law Offices, PLC served on 2/16/2010. (ESL) |
| Filing 8 SUMMONS Returned Executed by Nikki J Parker. David A McCarville served on 2/16/2010. (ESL) |
| Filing 6 Minute Order Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Neil V. Wake. All further pleadings/papers should now list the following COMPLETE case number: CV 10-304-PHX-NVW. (MAP) |
| Filing 5 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
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Filing 4
ORDER, Plaintiff shall file her written election to either consent to magistrate-judge jurisdiction or elect to proceed before a United States district judge by 2/26/10; Defendants shall file their written election within 14 days of its appearance herein or as otherwise directed by the Court. Signed by Magistrate Judge Lawrence O Anderson on 2/16/10. (REW)
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| Filing 3 Notice re: Magistrate Consent Form (JRD) (Additional attachment(s) added on 2/12/2010: #1 Supplement Mag Consent Form Instructions) (JRD). |
| Filing 2 This case has been assigned to the Honorable Lawrence O. Anderson. All future pleadings or documents should bear the correct case number: CV-10-304-PHX-LOA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JRD) |
| Filing 1 COMPLAINT. Filing fee received: $ 350.00, receipt number PHX093607, filed by Nikki J Parker.(JRD) |
| Summons Issued as to David A McCarville and McCarville Law Offices, PLC at the front counter. (JRD) |
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