Schmidt v. Phoenix Metallics, Inc., et al.
Plaintiff: Lavelle Schmidt
Defendant: John S Frey, Phoenix Metallics Incorporated and Unknown Frey
Case Number: 2:2010cv00709
Filed: March 29, 2010
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: Mary H Murguia
Nature of Suit: Civil Rights: Jobs
Cause of Action: 29 U.S.C. § 621
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 14, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2010 Opinion or Order Filing 46 ORDER pursuant to #45 Stipulation of Dismissal : dismissing this case with prejudice, with each party to bear their own fees and costs. Signed by Judge Mary H Murguia on 12/9/10. (DMT)
December 8, 2010 Filing 45 STIPULATION of Dismissal by John S Frey, Phoenix Metallics Incorporated, Lavelle Schmidt. (Attachments: #1 Text of Proposed Order)(Prynkiewicz, Peter)
November 9, 2010 Opinion or Order Filing 44 ORDER that this matter will be dismissed with prejudice within 30 days of the date of this order unless a stipulation to dismiss is filed prior to the dismissal date. That the Clerk of Court shall dismiss the above matter within 30 days from the date of this order. Vacating all pending deadlines/hearings, and denying as moot all pending motions. Signed by Judge Mary H Murguia on 11/8/10. (DMT)
November 1, 2010 Filing 43 NOTICE of Settlement by Lavelle Schmidt (Strojnik, Peter)
October 21, 2010 Filing 42 RESPONSE in Opposition re #32 MOTION to Amend/Correct the Complaint filed by John S Frey, Phoenix Metallics Incorporated. (Kriegsfeld, Christie)
October 21, 2010 Filing 41 TEXT ONLY ORDER entered 10/21/2010. The deadline for Defendant to respond to Plaintiff's Motion to Amend (doc. 32) is October 21, 2010. Therefore, the Order granting Plaintiff's motion (doc. 40) was premature and is hereby vacated. Defendant has until the end of the day to respond. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAH)
October 21, 2010 Opinion or Order Filing 40 VACATED by (Doc. 41) - TEXT ONLY ORDER entered by by Judge Mary H Murguia on 10/21/10. The Court Has reviewed Plaintiff's Motion to Amend the Complaint (doc. 32). There has been no objection to the motion. Given that motions to amend are to be liberally granted pursuant to F. R. Civ. P. 15(a), IT IS HEREBY ORDERED granting Plaintiff's motion. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAH) Modified on 10/21/2010 (DMT).
October 18, 2010 Opinion or Order Filing 39 TEXT ORDER entered by Judge Mary H. Murguia on 10/18/10. IT IS HEREBY ORDERED vacating the October 22, 2010 settlement conference before U.S. Magistrate Aspey. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAH)
October 14, 2010 Opinion or Order Filing 38 TEXT ONLY ORDER entered by Judge Mary H. Murguia on 10/14/2010. Having reviewed the Parties' Joint Motion to Stay Discovery and Extend all Remaining Deadlines (doc. 36), and in an effort to preserve resources, IT IS HEREBY ORDERED granting the Motion and staying all deadlines until the Court decides Defendants' Motion for Summary Judgment. The Court also notes that the Parties are still required to participate in the Settlement Conference set for October 22, 2010 unless the Court specifically vacates the conference. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAH)
October 12, 2010 Opinion or Order Filing 37 ORDER granting #31 Motion to Vacate #23 Order, and Expedite. Vacating order at Doc. 23, setting a settlement conference for October 22, 2010. Signed by Magistrate Judge Mark E Aspey on 10/8/10. (see order for full details)(DMT)
October 8, 2010 Filing 36 Joint MOTION to Stay Discovery and Extend all Remaining Deadlines by John S Frey, Phoenix Metallics Incorporated, Lavelle Schmidt. (Attachments: #1 Text of Proposed Order)(Kriegsfeld, Christie). Added MOTION for Extension of Time on 10/12/2010 (DMT).
October 7, 2010 Filing 35 TEXT ONLY Order: Having reviewed Defendants' "Emergency Motion to Vacate Settlement Conference" (doc. 31) it is hereby ordered directing Plaintiff to submit a response to the Motion by October 13, 2010. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA)
October 6, 2010 Filing 34 STATEMENT of of No Objection to #31 Defendant's Emergency Motion to Vacate Settlement Conference by Plaintiff Lavelle Schmidt. (Strojnik, Peter) Modified on 10/7/2010 (LSP). CORRECTION to document linkage.
October 4, 2010 Filing 33 LODGED Proposed First Amended Complaint. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Lavelle Schmidt. (Strojnik, Peter)
October 4, 2010 Filing 32 MOTION to Amend/Correct the Complaint by Lavelle Schmidt. (Attachments: #1 Exhibit Proposed Order, #2 Exhibit Underlined Dirty Copy of Lodged First Amended Complaint)(Strojnik, Peter) Modified on 10/21/2010 (DMT). CORRECTED, motion unterminated.
October 4, 2010 Filing 31 Emergency MOTION to Vacate Settlement Conference, Request for Expedited Consideration by John S Frey, Phoenix Metallics, Inc. (Kriegsfeld, Christie). Added MOTION to Expedite on 10/5/2010 (DMT).
September 29, 2010 Filing 30 NOTICE re Service of Defendants' Second Supplemental Disclosure Statement by John S Frey, Phoenix Metallics, Inc. (Kriegsfeld, Christie)
September 29, 2010 Filing 29 STATEMENT of of Facts in Support of Defendants' Motion for Summary Judgment re #28 MOTION for Summary Judgment by Defendants John S Frey, Phoenix Metallics, Inc. (Attachments: #1 Exhibit 1-5)(Kriegsfeld, Christie)
September 29, 2010 Filing 28 MOTION for Summary Judgment by John S Frey, Phoenix Metallics, Inc. (Kriegsfeld, Christie)
September 29, 2010 Filing 27 NOTICE of Deposition of Monica Gonzalez, filed by Lavelle Schmidt. (Strojnik, Peter)
September 29, 2010 Filing 26 NOTICE of Deposition of Phoenix Metallics, Inc., filed by Lavelle Schmidt. (Strojnik, Peter)
September 24, 2010 Filing 25 NOTICE re Service of Defendant's Discovery Responses by Phoenix Metallics, Inc. (Kriegsfeld, Christie)
September 22, 2010 Filing 24 NOTICE re Service of Defendants' First Supplemental Disclosure Statement by John S Frey, Phoenix Metallics, Inc. (Kriegsfeld, Christie)
August 19, 2010 Opinion or Order Filing 23 VACATED by (Doc. 37) - ORDER Settlement Conference set for 10/22/2010 10:00 AM in U.S. District Court of Arizona, 123 N. San Francisco Street, Suite 200, Flagstaff, AZ 86001 before Magistrate Judge Mark E Aspey. Each party shall lodge their settlement conference statement directly with Magistrate Aspey by 10/15/2010. Signed by Magistrate Judge Mark E Aspey on 8/19/2010. (MEA,ps) Modified on 10/12/2010 (DMT).
August 14, 2010 Filing 22 NOTICE re of Service of Discovery Request by Lavelle Schmidt. (Strojnik, Peter)
June 30, 2010 Opinion or Order Filing 21 SCHEDULING ORDER: Discovery due by 12/30/2010. Dispositive motions due by 2/7/2011. Signed by Judge Mary H Murguia on 6/28/10. (KSP)
June 28, 2010 Filing 20 Notice re Service of Defendants' Initial Disclosure Statement by John S Frey, Phoenix Metallics, Inc (Kriegsfeld, Christie)
June 24, 2010 Filing 19 Minute Entry for proceedings held before Judge Mary H Murguia. Court Reporter: David German. Appearances: Peter Kristofer Strojnik for the plaintiff. John Ogden and Christie Kriegsfeld for the defendant. Rule 16 Scheduling Conference held on 6/24/2010. The Court and counsel discuss the proposed deadlines. Scheduling Order to follow. IT IS ORDERED referring this matter to a magistrate judge for the purpose of conducting a settlement conference in October, 2010. If the parties prefer private mediation, they may file a motion to vacate with the magistrate judge. LATER: The Clerk, by random lot, draws and assigns this matter to Magistrate Judge Mark E. Aspey. The Court DIRECTS the parties to contact Judge Aspey's chambers within 14 days to schedule the conference. [This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.](KSP)
June 17, 2010 Filing 18 REPORT re: Rule 26(f) Planning Meeting by Lavelle Schmidt. (Strojnik, Peter)
June 9, 2010 Filing 17 Minute Order: Due to a conflict on the Court's calendar, the Court ORDERS that the Rule 16 Scheduling Conference set for 6/17/10 be reset to 6/24/2010 at 2:00 p.m. in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge Mary H Murguia. [This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.](KSP)
June 2, 2010 Filing 16 Notice re of Service of Plaintiff's Rule 26 Disclosure by Lavelle Schmidt (Strojnik, Peter)
May 21, 2010 Opinion or Order Filing 15 ORDER Scheduling Conference set for 6/17/2010 04:00 PM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge Mary H Murguia. Signed by Judge Mary H Murguia on 5/21/10. (KSP)
April 22, 2010 Filing 14 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 Mary H. Murguia. All further pleadings/papers should now list the following COMPLETE case number: CV 10-709-PHX-MHM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
April 21, 2010 Filing 13 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)
April 21, 2010 Filing 12 Corporate Disclosure Statement by Phoenix Metallics, Inc. (Ogden, John)
April 21, 2010 Filing 11 ANSWER to #1 Complaint by John S Frey, Phoenix Metallics, Inc.(Ogden, John)
April 14, 2010 Filing 10 SUMMONS Returned Executed by Lavelle Schmidt. John S Frey served on 4/8/2010. (Strojnik, Peter)
April 12, 2010 Filing 9 SUMMONS Returned Executed by Lavelle Schmidt. Phoenix Metallics, Inc served on 4/1/2010. (Strojnik, Peter)
March 31, 2010 Filing 8 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
March 30, 2010 Filing 7 Summons Issued as to All Defendants. (AMB). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print.
March 30, 2010 Filing 6 SUMMONS Submitted, by Plaintiff Lavelle Schmidt. (Strojnik, Peter) INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM (additional attachments to main document) TO (summons submitted) Modified on 3/31/2010 (ESL).
March 30, 2010 Filing 5 NOTICE OF CORRECTION BY THE CLERK re #2 Miscellaneous Document: Removal Letter. Description of deficiency: Document entered in wrong case. Follow up by Clerks Office: The deficiency indicated above has been addressed by the Clerk. Court use only: AMB. (JEMB)
March 29, 2010 Filing 4 Magistrate Election Form Deadline (Attachments: #1 Instructions)(BAS)
March 29, 2010 Filing 3 This case has been assigned to the Honorable David K. Duncan. All future pleadings or documents should bear the correct case number: CV 10-0709-PHX-DKD. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
March 29, 2010 Filing 2 Miscellaneous Document: Removal letter from USDC, District of Arizona. (AMB) Modified on 3/30/2010 (JEMB DOCUMENT FILED IN WRONG CASE; REFILED IN CORRECT CASE BY CLERK).
March 29, 2010 Filing 1 COMPLAINT. Filing fee received: $ 350.00, receipt number 0970-3764089, filed by Lavelle Schmidt. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Strojnik, Peter)

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Defendant: John S Frey
Represented By: Christie Lynn Kriegsfeld
Represented By: Mark Ogden
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Defendant: Phoenix Metallics Incorporated
Represented By: Christie Lynn Kriegsfeld
Represented By: Mark Ogden
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Defendant: Unknown Frey
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Plaintiff: Lavelle Schmidt
Represented By: Peter Strojnik
Represented By: Peter Kristofer Strojnik
Represented By: Christie Lynn Kriegsfeld
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