Parker v. McCarville Law Offices, PLC, et al
Plaintiff: Nikki J Parker
Defendant: David A McCarville and McCarville Law Offices PLC
Case Number: 2:2010cv00304
Filed: February 11, 2010
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: Joseph R Goodwin
Nature of Suit: Civil Rights: Jobs
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 20, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 20, 2011 Filing 84 Sealed SETTLEMENT AGREEMENT filed by David A McCarville, McCarville Law Offices PLC. (REW)
May 20, 2011 Opinion or Order Filing 83 ORDER granting Defendants' #81 Motion to Seal Confidential Settlement Agreement. Signed by Judge Joseph R Goodwin on 5/20/11.(REW)
May 12, 2011 Opinion or Order 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)
May 12, 2011 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)
May 12, 2011 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)
May 11, 2011 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).
May 11, 2011 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)
May 3, 2011 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)
April 27, 2011 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)
April 21, 2011 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)
April 21, 2011 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)
April 20, 2011 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)*
April 7, 2011 Opinion or Order 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)
April 5, 2011 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)
February 28, 2011 Opinion or Order 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)
February 25, 2011 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)
January 18, 2011 Opinion or Order 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)
January 14, 2011 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)
January 13, 2011 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)
January 7, 2011 Opinion or Order 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)
January 7, 2011 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)
December 15, 2010 Opinion or Order 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)
December 15, 2010 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)
December 14, 2010 Filing 61 NOTICE re of Service of Defendants' Third Supplemental Disclosure Statement on Plaintiff by David A McCarville, McCarville Law Offices PLC. (Peters, Kristy)
December 13, 2010 Filing 60 NOTICE re of Service of Defendants Second Supplemental Disclosure Statement on Plaintiff by David A McCarville, McCarville Law Offices PLC. (Peters, Kristy)
December 3, 2010 Filing 59 NOTICE re of Service of Defendants First Supplemental Disclosure Statement on Plaintiff by David A McCarville, McCarville Law Offices PLC. (Peters, Kristy)
December 1, 2010 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)
November 26, 2010 Filing 57 NOTICE of Deposition of Laurel Bolduc, filed by Nikki J Parker. (Strojnik, Peter)
November 17, 2010 Filing 56 NOTICE of Deposition of Nikki J. Parker, filed by David A McCarville, McCarville Law Offices PLC. (Peters, Kristy)
November 17, 2010 Filing 55 NOTICE of Deposition of McCarville Law Offices, filed by Nikki J Parker. (Strojnik, Peter)
November 16, 2010 Filing 54 NOTICE of Deposition of David A. McCarville, filed by Nikki J Parker. (Strojnik, Peter)
October 29, 2010 Filing 53 NOTICE re of Service of Second Set of Request for Production of Documents by Nikki J Parker. (Strojnik, Peter)
October 29, 2010 Filing 52 NOTICE re of Service of Responses to Requests for Admissions by Nikki J Parker. (Strojnik, Peter)
October 27, 2010 Filing 51 NOTICE of Deposition of Nikki J. Parker, filed by David A McCarville, McCarville Law Offices PLC. (Peters, Kristy)
October 25, 2010 Filing 50 NOTICE of Deposition of David A. McCarville, filed by Nikki J Parker. (Strojnik, Peter)
October 18, 2010 Opinion or Order 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)
October 14, 2010 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)
October 1, 2010 Filing 47 NOTICE re of Service of Responses to Discovery by Nikki J Parker. (Strojnik, Peter)
September 13, 2010 Filing 46 NOTICE re of Service of Supplemental Responses to Discovery by Nikki J Parker. (Strojnik, Peter)
September 13, 2010 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)
September 7, 2010 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)
August 26, 2010 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)
August 24, 2010 Filing 42 NOTICE re of Service of Responses to Discovery by Nikki J Parker. (Strojnik, Peter)
August 11, 2010 Filing 41 NOTICE re of Service of Plaintiff's Discovery Request by Nikki J Parker. (Strojnik, Peter)
August 9, 2010 Opinion or Order 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)
August 6, 2010 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).
August 6, 2010 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)
July 30, 2010 Filing 37 REPORT re: Rule 26(f) Planning Meeting by David A McCarville, McCarville Law Offices, PLC, Nikki J Parker. (Peters, Kristy)
July 23, 2010 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)
July 16, 2010 Filing 35 Notice re of Service of Plaintiff's Rule 26 Disclosure by Nikki J Parker (Strojnik, Peter)
July 16, 2010 Filing 34 Notice re Notice of Service of Defendants' Initial Disclosure Statement by David A McCarville, McCarville Law Offices, PLC (Peters, Kristy)
June 21, 2010 Opinion or Order 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)
June 21, 2010 Filing 32 REQUEST re: to Set Rule 16 Case Management Conference by Plaintiff Nikki J Parker. (Strojnik, Peter)
May 27, 2010 Opinion or Order 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)
May 20, 2010 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)
May 10, 2010 Filing 29 REPLY to Response to Motion re #23 MOTION to Strike re Answer (Doc. 20) filed by Nikki J Parker. (Strojnik, Peter)
May 10, 2010 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)
May 3, 2010 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)
April 26, 2010 Filing 26 MOTION to Set Aside re Default Judgment by David A McCarville, McCarville Law Offices, PLC. (Attachments: #1 Exhibit A)(Badoux, Laurent)
April 26, 2010 Filing 25 NOTICE of Appearance by Kristy Leah Peters on behalf of David A McCarville, McCarville Law Offices, PLC (Peters, Kristy)
April 23, 2010 Filing 24 NOTICE of Appearance by Laurent Richard George Badoux on behalf of David A McCarville, McCarville Law Offices, PLC (Badoux, Laurent)
April 20, 2010 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)
April 20, 2010 Filing 22 Notice re Service of Answer and Disclosure Statement by David A McCarville, McCarville Law Offices, PLC (McCarville, David)
April 20, 2010 Filing 21 Corporate Disclosure Statement by David A McCarville, McCarville Law Offices, PLC. (McCarville, David)
April 20, 2010 Filing 20 Defendants' ANSWER to #11 Amended Complaint by David A McCarville, McCarville Law Offices, PLC.(McCarville, David)
April 19, 2010 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)
April 19, 2010 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)
April 19, 2010 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).
April 16, 2010 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)
April 16, 2010 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).
April 16, 2010 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).
April 14, 2010 Opinion or Order 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)
March 17, 2010 Filing 12 Notice re of Service of Doc. 11 First Amended Complaint by Nikki J Parker re #11 Amended Complaint (Strojnik, Peter)
March 17, 2010 Filing 11 AMENDED COMPLAINT against All Defendants ;Jury Demand, filed by Nikki J Parker.(Strojnik, Peter)
March 3, 2010 Filing 10 NOTICE of Appearance by Peter Kristofer Strojnik on behalf of Nikki J Parker (Strojnik, Peter)
March 2, 2010 Filing 7 NOTICE of Appearance by Peter Strojnik on behalf of Nikki J Parker (Strojnik, Peter)
March 1, 2010 Filing 9 SUMMONS Returned Executed by Nikki J Parker. McCarville Law Offices, PLC served on 2/16/2010. (ESL)
March 1, 2010 Filing 8 SUMMONS Returned Executed by Nikki J Parker. David A McCarville served on 2/16/2010. (ESL)
February 24, 2010 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)
February 24, 2010 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)
February 17, 2010 Opinion or Order 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)
February 11, 2010 Filing 3 Notice re: Magistrate Consent Form (JRD) (Additional attachment(s) added on 2/12/2010: #1 Supplement Mag Consent Form Instructions) (JRD).
February 11, 2010 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)
February 11, 2010 Filing 1 COMPLAINT. Filing fee received: $ 350.00, receipt number PHX093607, filed by Nikki J Parker.(JRD)
February 11, 2010 Summons Issued as to David A McCarville and McCarville Law Offices, PLC at the front counter. (JRD)

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Defendant: David A McCarville
Represented By: Laurent Richard George Badoux
Represented By: David Anthony McCarville
Represented By: Neil M Alexander
Represented By: Kristy Leah Peters
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Defendant: McCarville Law Offices PLC
Represented By: Laurent Richard George Badoux
Represented By: David Anthony McCarville
Represented By: Neil M Alexander
Represented By: Kristy Leah Peters
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Plaintiff: Nikki J Parker
Represented By: Peter Kristofer Strojnik
Represented By: Peter Strojnik
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