Jones v. Mitel Networks Incorporated
Plaintiff: Jones and Wendy Jones
Defendant: Mitel Networks Incorporated
Case Number: 2:2016cv02685
Filed: August 8, 2016
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
County: Pinal
Presiding Judge: Deborah M Fine
Referring Judge: Diane J Humetewa
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000 e
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on July 19, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 19, 2018 Opinion or Order Filing 75 ORDER approving the #74 Stipulation and dismissing this action in its entirety, with prejudice, each party to bear its own attorneys' fees and costs. IT IS FURTHER ORDERED directing the Clerk of Court to terminate this action. Signed by Judge Diane J Humetewa on 7/19/2018. (LFIG)
July 18, 2018 Filing 74 STIPULATION of Dismissal With Prejudice by Mitel Networks Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order Granting Stipulation to Dismiss With Prejudice)(Merrill, Adam)
June 5, 2018 Opinion or Order Filing 73 ORDER that a Stipulation to Dismiss shall be filed on or before August 6, 2018. If a Stipulation has not been filed, the parties shall file a Status Report on that date. IT IS FURTHER ORDERED that Plaintiff's #56 Motion for Sanctions for Failure to Appear for Deposition and Failure to Produce Witnesses is withdrawn. Signed by Judge Diane J Humetewa on 6/4/2018. (LFIG)
June 4, 2018 Filing 72 NOTICE of Settlement and Resolution of Plaintiff's Pending Motion for Sanctions by Mitel Networks Incorporated. (Attachments: #1 Text of Proposed Order [Proposed] Order Dismissing Plaintiff's Pending Motion for Sanctions and Vacating Court Dates)(Merrill, Adam)
May 24, 2018 Opinion or Order Filing 71 ORDER that "Plaintiff's Motion for Leave to Re-File Answer to Defendant/Counter-Plaintiff's Answer & Counterclaims" (Doc. 61) is DENIED. Signed by Judge Diane J Humetewa on 5/24/2018. (LFIG)
May 3, 2018 Filing 70 Corporate Disclosure Statement by Mitel Networks Incorporated. (Merrill, Adam)
April 19, 2018 Filing 69 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. A review of this matter reflects a Corporate Disclosure Statement has not been filed by Mitel Networks Incorporated. Corporate Disclosure Statement Deadline set as to Mitel Networks Incorporated. (LFIG)
March 20, 2018 Remark: Pro hac vice motion granted for Taylor Bennett on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
February 23, 2018 Opinion or Order Filing 68 ORDER granting the #66 Stipulated Motion for Extension of Time. Discovery due by 3/30/2018. Dispositive motions due by 5/18/2018. Signed by Judge Diane J Humetewa on 2/23/2018. (LFIG)
February 16, 2018 Filing 67 NOTICE of Appearance by Joshua C Black on behalf of Wendy Jones. (Black, Joshua)
February 16, 2018 Filing 66 MOTION for Extension of Time to Extend Discovery and Dispositive Motion Deadlines by Mitel Networks Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order Extending Discovery and Dispositive Motion to Deadlines)(Merrill, Adam)
February 12, 2018 Filing 65 REPLY to Response to Motion re: #56 MOTION for Sanctions filed by Wendy Jones. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Jones, Wendy)
February 5, 2018 Filing 64 SERVICE EXECUTED filed by Wendy Jones: Proof of Service re: Subpoena served via email upon Julie Hyland on 02/01/2018. (Jones, Wendy)
February 5, 2018 Filing 63 RESPONSE to Motion re: #56 MOTION for Sanctions filed by Mitel Networks Incorporated. (Attachments: #1 Supplement Declaration of Adam Merrill in Support of Defendant's Opposition to Plaintiff's Motion for Sanctions)(Merrill, Adam)
February 2, 2018 Opinion or Order Filing 62 ORDER: Upon review by the Court, IT IS ORDERED that the Stipulated Motion to Extend Discovery Deadline (Doc. #60 ) is GRANTED and the deadline for completing fact discovery is extended to February 16, 2018. The Court affirms the March 15, 2018 deadline for dispositive motions. ORDERED by Judge Diane J Humetewa on 2/2/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
February 1, 2018 Filing 61 MOTION for Leave to File To Refile Plaintiffs Answer to Defendants Counter Claims to Clarify the Record by Wendy Jones. (Attachments: #1 Exhibit Exhibit 1)(Jones, Wendy)
January 31, 2018 Filing 60 MOTION for Extension of Time to Complete Discovery by Mitel Networks Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order Extending Discovery Deadline)(Merrill, Adam)
January 24, 2018 Filing 59 NOTICE of Deposition of Peter Cosme, filed by Wendy Jones. (Jones, Wendy)
January 24, 2018 Filing 58 NOTICE of Deposition of Phillip Payton, filed by Wendy Jones. (Jones, Wendy)
January 24, 2018 Filing 57 NOTICE of Deposition of Mitel Networks, filed by Wendy Jones. (Jones, Wendy)
January 18, 2018 Filing 56 WITHDRAWN by Doc. #73 MOTION for Sanctions by Wendy Jones. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Jones, Wendy) Modified on 6/5/2018 (LFIG).
January 9, 2018 Filing 55 NOTICE of Deposition of Phillip Payton, filed by Wendy Jones. (Jones, Wendy)
January 9, 2018 Filing 54 NOTICE of Deposition of Peter Cosme, filed by Wendy Jones. (Jones, Wendy)
January 9, 2018 Filing 53 NOTICE of Deposition of Mitel Networks, filed by Wendy Jones. (Jones, Wendy)
December 15, 2017 Filing 52 MINUTE ENTRY for proceedings held before Magistrate Judge Bridget S. Bade: Settlement Conference held on 12/15/2017. The parties did not reach a settlement. APPEARANCES: Prose Plaintiff Wendy Jones. Attorney Adam Byron Merril for Defendant. Also appearing: Defendant's representative Paul Gregory. (Recorded by: not recorded) Hearing held 9:40 AM to 12:45 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESL)
December 4, 2017 Opinion or Order Filing 51 ORDER granting the #50 Stipulated Motion for Extension of Time and the deadline for completing fact discovery is extended to January 31, 2018, and the deadline for filing dispositive motions is extended to March 15, 2018. Signed by Judge Diane J Humetewa on 12/4/2017.(LFIG)
November 30, 2017 Filing 50 MOTION for Extension of Time to Complete Discovery and Dispositive Motion Deadlines by Mitel Networks Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order Extending Discovery and Dispositive Motion Deadlines)(Merrill, Adam)
November 27, 2017 Filing 49 ANSWER to #47 Amended Complaint with Jury Demand , COUNTERCLAIM against Wendy Jones by Mitel Networks Incorporated.(Merrill, Adam)
November 17, 2017 Opinion or Order Filing 48 SETTLEMENT CONFERENCE ORDER - Settlement Conference set for 12/15/2017 at 09:30 AM in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Bridget S Bade. (See document for further details). Signed by Magistrate Judge Bridget S Bade on 11/17/17. (LAD)
November 12, 2017 Filing 47 AMENDED COMPLAINT against Mitel Networks Incorporated filed by Wendy Jones.(Jones, Wendy)
November 9, 2017 Opinion or Order Filing 46 ORDER granting the #35 Motion to Amend Original Complaint. Plaintiff must file a clean copy of the First Amended Complaint within three (3) days of the date of this Order. IT IS FURTHER ORDERED that Defendant must file its responsive pleading no later than 14 days after the filing of the First Amended Complaint. Signed by Judge Diane J Humetewa on 11/9/2017.(LFIG)
October 24, 2017 Opinion or Order Filing 45 ORDER granting the #44 Motion for Extension of Time. Discovery due by 11/30/2017. Dispositive motions due by 1/15/2018. Signed by Judge Diane J Humetewa on 10/24/2017. (LFIG)
October 23, 2017 Filing 44 MOTION for Extension of Time to Complete Discovery and Dispositive Motion Deadlines by Mitel Networks Incorporated. (Attachments: #1 Text of Proposed Order [Proposed] Order Extending Discovery and Dispositive Motion Deadlines)(Merrill, Adam)
September 13, 2017 Filing 43 NOTICE of Service of Discovery filed by Wendy Jones. (Jones, Wendy)
September 13, 2017 Filing 42 Counter-Defendant's ANSWER to #38 Answer to Complaint, Counterclaim by Wendy Jones.(Jones, Wendy)
September 5, 2017 Filing 41 *REPORT - Settlement Talks/ Discussions - Joint Report on Settlement Talks by Mitel Networks Incorporated. (Merrill, Adam) *Modified to correct event on 9/6/2017 (REK).
August 30, 2017 Opinion or Order Filing 40 ORDER granting the parties' #39 Stipulation and referring this matter to United States Magistrate Judge Bridget S. Bade for a settlement conference to be held on or before December 15, 2017. The parties shall promptly notify the Court at any time a settlement is reached during the course of this litigation. Signed by Judge Diane J Humetewa on 8/30/2017. (LFIG)
August 29, 2017 Filing 39 STIPULATION Stipulated Request for a Settlement Conference Before a Magistrate Judge by Mitel Networks Incorporated. (Attachments: #1 Text of Proposed Order [Proposed] Order Referring Case for a Settlement Conference Before a Magistrate Judge)(Merrill, Adam)
August 24, 2017 Filing 38 *Amended Counterclaim re: #13 ANSWER to #1 Complaint with Jury Demand and Counterclaim against Wendy Jones by Mitel Networks Incorporated. (Attachments: #1 Exhibit Exhibits A through D)(Merrill, Adam) *Modified to correct event on 8/25/2017 (REK).
August 21, 2017 Opinion or Order Filing 37 ORDER granting Defendant's #34 Motion to Amend Answer and Counterclaim. ORDERED that no later than August 24, 2017, Defendant shall separately file a clean version of the Answer and Amended Counterclaim attached to its motion to amend. Signed by Judge Diane J Humetewa on 8/21/2017.(LFIG)
August 10, 2017 Filing 36 *Certificate of Service re: #35 MOTION to Amend/Correct #1 Complaint by Wendy Jones . (Jones, Wendy) *Modified to correct event on 8/11/2017 (REK).
August 10, 2017 Filing 35 *First MOTION to Amend/Correct #1 Complaint by Wendy Jones. (Attachments: #1 Exhibit Plaintiff's Amended Complaint, #2 Text of Proposed Order Granting Plaintiff's Motion to Amend Complaint)(Jones, Wendy) *Modified to add document link on 8/11/2017 (REK).
July 19, 2017 Filing 34 *MOTION to Amend/Correct #13 Defendant's Answer and Counterclaim by Mitel Networks Incorporated. (Attachments: #1 Exhibit Exhibit 1, #2 Text of Proposed Order Proposed Order Granting Motion to Amend Defendant's Answer and Counterclaim)(Merrill, Adam) *Modified to add document link on 7/20/2017 (REK).
June 30, 2017 Opinion or Order Filing 33 RULE 16 SCHEDULING ORDER: Discovery due by 10/31/2017. Dispositive motions due by 12/15/2017. ORDERED directing any party appearing pro se to become familiar with the Local Rules and the Federal Rules of Civil Procedure. Signed by Judge Diane J Humetewa on 6/29/2017. (See Order for details.) (LFIG)
June 29, 2017 Filing 32 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Rule 16 Scheduling Conference held on 6/29/2017. Dates discussed. Order to follow. APPEARANCES: Plaintiff Wendy Jones appearing pro se. Adam Merrill for Defendant. (Court Reporter Charlotte Powers.) Hearing held 1:33 PM to 2:00 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
June 29, 2017 Filing 31 *NOTICE re: Certificate of Service filed by Wendy Jones(Jones, Wendy) *Modified to correct event on 6/30/2017 (DXD).
June 21, 2017 Filing 30 REPORT of Joint Case Management Report by Defendant Mitel Networks Incorporated. (Merrill, Adam)
June 15, 2017 Filing 29 ANSWER to #13 Answer to Complaint, Counterclaim by Wendy Jones.(Jones, Wendy)
May 31, 2017 Opinion or Order Filing 28 ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion to Dismiss Defendant's Counterclaims (Doc. #15 ) is GRANTED in part and DENIED in part. The Motion is granted in that Defendant's counterclaim for unjust enrichment (Count I) is dismissed without prejudice. The Motion is denied as to Defendant's counterclaim for conversion (Count II). (See document for further details). Signed by Judge Diane J Humetewa on 5/31/17.(SLQ)
May 25, 2017 Opinion or Order Filing 27 ORDER Setting Rule 16 Scheduling Conference - Scheduling Conference set for 6/29/2017 at 01:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa.(See document for further details). Signed by Judge Diane J Humetewa on 5/25/17. (SLQ)
February 2, 2017 Opinion or Order Filing 26 ORDER granting the parties' #25 Motion for Entry of Stipulated Protective Order. Signed by Judge Diane J Humetewa on 2/2/2017.(LFIG)
January 30, 2017 Filing 25 MOTION for Protective Order by Mitel Networks Incorporated. (Attachments: #1 Text of Proposed Order [Proposed] Order Entering Stipulated Protective Order)(Merrill, Adam)
December 15, 2016 Filing 24 *NOTICE of Service of Discovery re: Plaintiff Second Requests for Production to Mitel by Wendy Jones. (Jones, Wendy) *Modified to correct event on 12/16/2016 (REK).
December 15, 2016 Filing 23 *NOTICE of Service of Discovery re: Plaintiff First Set of Interrogatories to Mitel , filed by Wendy Jones. (Jones, Wendy) *Modified to correct event on 12/16/2016 (REK).
November 4, 2016 Filing 22 *Plaintiff's 30(b)(6) NOTICE OF DEPOSITION (Amended) of Mitel Networks Incorporated SERVICE EXECUTED filed by Wendy Jones: Certificate of Service. (Jones, Wendy) *Modified to correct event on 11/7/2016 (REK).
October 24, 2016 Filing 21 *REPLY to Response to Motion re: #15 MOTION to Dismiss for Failure to State a Claim Plaintiff's Reply to Response to Motion to Dismiss filed by Wendy Jones. (Jones, Wendy) *Modified to indicate that document is missing the case number on 10/25/2016 (ATD).
October 18, 2016 Filing 20 NOTICE of Appearance by Michele Haydel Gehrke on behalf of Mitel Networks Incorporated. (Gehrke, Michele)
October 17, 2016 Filing 19 RESPONSE to Motion re: #15 MOTION to Dismiss for Failure to State a Claim Opposition to Plaintiff's Motion to Dismiss Defendant's Counterclaims filed by Mitel Networks Incorporated. (Merrill, Adam)
October 17, 2016 Opinion or Order Filing 18 ORDER pursuant to General Order 09-08 granting #17 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
October 17, 2016 PRO HAC VICE FEE PAID. $ 35, receipt number PHX177530 as to Michele Haydel Gehrke. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
October 11, 2016 Filing 17 MOTION for Admission Pro Hac Vice as to attorney Michele Haydel Gehrke by Mitel Networks Incorporated. (Gehrke, Michele)
October 6, 2016 Filing 16 NOTICE of Service of Discovery filed by Wendy Jones. (Jones, Wendy)
September 30, 2016 Filing 15 MOTION to Dismiss for Failure to State a Claim by Wendy Jones. (Attachments: #1 Exhibit April 27, 2015 email from Cathy Loomes, #2 Exhibit Feb 24,2015 email from Barb Clarke, #3 Exhibit Plaintiff 2015 Paystub - Pay Date 1/29/15, #4 Exhibit March 3,2015 Resignation Letter)(Jones, Wendy)
September 29, 2016 Filing 14 NOTICE of Service of Discovery re: Plaintiff's 30(b)(6) Deposition of Defendant Mitel Networks, Inc. filed by Wendy Jones. (ATD)
September 9, 2016 Filing 13 ANSWER to #1 Complaint with Jury Demand , COUNTERCLAIM against Wendy Jones by Mitel Networks Incorporated. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Merrill, Adam)
August 29, 2016 Filing 12 SERVICE EXECUTED filed by Wendy Jones: Proof of Service re: Summons and Complaint upon Mitel Networks Incorporated on 8/19/2016. (REK)
August 29, 2016 Opinion or Order Filing 11 ORDER granting Plaintiff's #10 Motion to Allow Electronic Filing by a Party Appearing without an Attorney. ORDERED that the Clerk of Court shall send to Plaintiff any forms required for Plaintiff to formally register as a user. Signed by Judge Diane J Humetewa on 8/29/2016. (See Order for details.) (LFIG)
August 26, 2016 Filing 10 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney and Supporting Information by Wendy Jones. (REK)
August 23, 2016 Opinion or Order Filing 9 ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. ORDERED that Plaintiff serve a copy of this Order upon Defendant and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 8/23/2016. (LFIG)
August 23, 2016 Opinion or Order Filing 8 ORDER/NOTICE: ORDERED directing the Clerk of Court to terminate any or all Defendant(s) in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m). Signed by Judge Diane J Humetewa on 8/23/2016. (See Order for details.) (LFIG)
August 23, 2016 Filing 7 REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Wendy Jones. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (REK)
August 23, 2016 Filing 6 MINUTE ORDER: Pursuant to Local Rule 3.7(b), 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 Diane J. Humetewa. All further pleadings/papers should now list the following COMPLETE case number: CV-2685-PHX-DJH. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
August 23, 2016 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)
August 9, 2016 Filing 4 Summons Issued as to Mitel Networks Incorporated. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
August 8, 2016 Filing 3 Filing fee paid, receipt number PHX174973. This case has been assigned to the Honorable Deborah M. Fine. All future pleadings or documents should bear the correct case number: CV-16-02685-PHX-DMF. Magistrate Election form attached. (Attachments: #1 Magistrate Consent Form)(REK)
August 8, 2016 Filing 2 SUMMONS Submitted by Wendy Jones. (REK)
August 8, 2016 Filing 1 COMPLAINT. Filing fee received: $400.00, receipt number PHX174973 filed by Wendy Jones.(REK)

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Plaintiff: Jones
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Plaintiff: Wendy Jones
Represented By: Joshua C Black
Represented By: Taylor J Bennett
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Defendant: Mitel Networks Incorporated
Represented By: Michele Haydel Gehrke
Represented By: Adam Byron Merrill
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