Cramton v. Grabbagreen Franchising LLC et al
| Kim Cramton |
| Grabbagreen Franchising LLC, Eat Clean Operations LLC, Eat Clean Holdings LLC, Kelli Newman and Keely Newman |
| 2:2017cv04663 |
| December 15, 2017 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Bridget S Bade |
| Family and Medical Leave Act |
| 29 U.S.C. ยง 754 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
541
ORDER: IT IS ORDERED that the motion to quash and/or for protective order (Doc. 535 ) is denied. IT IS FURTHER ORDERED that the order temporarily relieving the subpoena recipients of their duty to respond (Doc. 539) is vacated [see attached Order for details]. Signed by Judge Dominic W Lanza on 11/3/22. (MAW)
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Filing
531
ORDER: IT IS ORDERED that Cramton's supplemental application for attorneys' fees (Doc. 522 ) is granted. Cramton is awarded $15,862.50 in attorneys' fees payable by Defendant Keely Newman and is awarded $10,320.00 in attorneys' fees payable by Defendant Eat Clean Operations LLC [see attached Order for details]. Signed by Judge Dominic W Lanza on 7/13/22. (MAW)
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Filing
518
ORDER: IT IS ORDERED that: 1. Defendants' Rule 52 and Rule 59 motion pertaining to Count Four (Doc. 467 ) is denied. 2. Defendants' Rule 59 motion pertaining to Count Five (Doc. 473 ) is denied. 3. Defendants' Rule 59 motion p ertaining to spoliation sanctions (Doc. 475 ) is denied. 4. Defendants' motion for attorneys' fees and costs (Doc. 481 ) is denied. 5. Defendants' motion for sanctions pursuant to 28 U.S.C. § 1927 and inherent authority (D oc. 487 ) is denied. 6. Cramton's amended motion for attorneys' fees and costs (Doc. 483 ) is granted in part and denied in part. Cramton is awarded $210,820 in attorneys' fees payable by Defendant Keely Newman and is awarded $10,256 in attorneys' fees payable by Defendant Eat Clean Operations LLC. 7. Cramton is also authorized to file a supplemental application for the fees she incurred when responding to Defendants' reconsideration motions (Docs. [46 7], 473 , and 475 ) and when responding to the order soliciting supplemental briefing on one of those motions (Doc. 508 ). Such application must be filed within 14 days of the issuance of this order [see attached Order for details]. Signed by Judge Dominic W Lanza on 5/27/22. (MAW)
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Filing
454
ORDER - IT IS ORDERED that Cramton's motion to dismiss (Doc. 447 ) is granted. IT IS FURTHER ORDERED that, because the disposition of this motion results in the resolution of all claims and counterclaims in this action, the Clerk shall enter judgment accordingly and terminate this action. See attached Order for complete details. Signed by Judge Dominic W Lanza on 11/23/21. (SMH)
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Filing
444
ORDER: IT IS ORDERED that Cramton's motion for summary judgment (Doc. 440 ) is granted in part and denied in part. IT IS FURTHER ORDERED that Cramton must file a notice, with one week of the issuance of this order, specifying how she intends to proceed on her claim in Count Four against GFL [see attached Order for details]. Signed by Judge Dominic W Lanza on 10/14/21. (MAW)
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Filing
429
ORDER: The bench trial in this matter took place between May 24-28, 2021. The Court now issues its findings of fact and conclusions of law [see attached Order for details]. Signed by Judge Dominic W Lanza on 6/23/21. (MAW)
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Filing
386
ORDER: IT IS ORDERED that Cramton's motion to preclude Defendants from introducing certain exhibits at trial on the ground that the exhibits are protected by the attorney-client privilege (Doc. 374 ) is denied [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/9/21. (MAW)
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Filing
372
ORDER: IT IS ORDERED that Plaintiff's request to preclude Griffin from testifying at trial (Doc. 364 ; Doc. 310 at 95) is granted [see attached Order for details]. Signed by Judge Dominic W Lanza on 12/3/20. (MAW)
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Filing
362
ORDER: IT IS ORDERED that: (1) Witnesses Price, Gitt, Mills, Ferrell, Glines, Mavros, and Modders may testify remotely at trial via video teleconference under Rule 43(a). (2) Defendants must, by November 20, 2020, file a response (which may not exceed seven pages) addressing whether Griffin should be precluded from testifying as a sanction under Rule 37 based on late disclosure. (3) Plaintiff may, by November 30, 2020, file a reply (which may not exceed five pages) [see attached Order for details]. Signed by Judge Dominic W Lanza on 11/13/20. (MAW)
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Filing
361
ORDER: Pending before the Court is a somewhat unusual ethical and evidentiary questionwhether attorney Kelli Newman ("Counsel"), who was once named as a defendant in this action, may represent the remaining defendants (one of whom is her spouse) during the upcoming bench trial even though she is also expected to testify as a witness during the bench trial and even though the parties have invoked Federal Rule of Evidence 615, the so-called rule of exclusion. For the following reasons, the Court concludes that Counsel may serve as trial counsel [see attached Order for details]. Signed by Judge Dominic W Lanza on 11/12/20. (MAW)
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Filing
349
ORDER: IT IS ORDERED that Defendants' motion for judicial notice (Doc. 308 ) is granted in part and denied in part [see attached Order for details]. Signed by Judge Dominic W Lanza on 10/15/20. (MAW)
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Filing
337
ORDER: IT IS ORDERED that: (1) The current trial date of October 13, 2020 is vacated. (2) Cramton's motion to strike (Doc. 333 ) is denied. (3) Cramton may file a reply in support of her damages-related motion (Doc. 320 ) by September 10, 2020. The reply shall not exceed 11 pages [see attached Order for details]. Signed by Judge Dominic W Lanza on 9/3/20. (MAW)
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Filing
271
ORDER: IT IS ORDERED that Plaintiff's motion to seal (Doc. 257 ) is denied. The lodged, unredacted versions of MIL 3 and MIL 4 will remain lodged under seal and will not be filed. The redacted versions of MIL 3 and MIL 4 are struck. Plaintiff may file unredacted versions of MIL 3 and MIL 4 (or may make another attempt at justifying sealing) by March 4, 2020 [see attached Order for details]. Signed by Judge Dominic W Lanza on 2/26/20. (MAW)
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Filing
251
ORDER: IT IS ORDERED that Defendants' motion for reconsideration (Doc. 249 ) is denied [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/7/20. (MAW)
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Filing
247
ORDER: IT IS ORDERED that: (1) Defendants' motion to supplement the record (Doc. 200 ) is granted; (2) Defendants' motion for sanctions (Doc. 206 ) is denied; (3) Cramton's motion for leave to file a sur-reply (Doc. 229 ) is d enied as moot; (4) Kelli's motion to strike changes to Cramton's deposition testimony (Doc. 220 ) is denied; (5) Cramton's motion for summary judgment (Doc. 142 ) is granted in part and denied in part; (6) Defendants' m otion for summary judgment (Doc. 143 ) is granted in part and denied in part; (7) Based on the aforementioned rulings, the following claims and counterclaims, or portions thereof, are no longer pending: all claims against Kelli pursued under a community property theory; Counts One, Two, and Three; Count Four (as to ECO, ECH, and Kelli); Count Five (as to liability); Counts Six and Eight; and Counterclaims One, Two, Three, Four, and Five; and (8) Based on the aforementioned rulings, the following claims (or portions thereof) remain pending: Count Four (as to Keely and GFL); Count Five (as to damages); and Counts Seven, Nine, and Ten [see attached Order for details]. Signed by Judge Dominic W Lanza on 12/23/19. (MAW)
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Filing
226
ORDER: IT IS ORDERED that: (1) The amended motion to seal (Doc. 224 ) is denied; and (2) Pursuant to LRCiv 5.6(e), the lodged document (Doc. 222-1) will not be filed. The submitting party may, within five days of the entry of this Order, resubmit the document for filing in the public record [see attached Order for details]. Signed by Judge Dominic W Lanza on 9/16/19. (MAW)
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Filing
190
ORDER - IT IS ORDERED that the 187 "Notice" is denied. The Clerk of Court is directed to update the docket to indicate that Defendant/Counterclaimant Kelli Newman is pro se (for both her defense and counterclaim) pursuant to the Court&# 039;s May 16, 2019 178 Order, Defendants/Counterclaimants Grabbagreen Franchising, LLC, Eat Clean Operations, LLC, Eat Clean Holdings, LLC, and Keely Newman are represented (in their defenses and counterclaims) by T&B attorneys Jack Robert V rablik and Robert A. Royal, and Counterclaimant Gulf Girl Squared Incorporated likewise is represented by T&B attorneys Jack Robert Vrablik and Robert A. Royal. The docket should reflect that Erin Hertzog was terminated per her April 26, 2019 [1 74] "Notice of Disassociation of Counsel". The docket should further reflect that Cronus attorneys Larry Cohen, Jeff Bouma, and Joel Fugate have never represented any party in this action. See document for complete details. Signed by Judge Dominic W Lanza on 6/17/19. (MSA)
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Filing
175
ORDER: IT IS ORDERED that: (1) Defendants' motion for reconsideration (Doc. 136 ) is granted; (2) Defendants are authorized to depose Cramton for an additional three hours, by May 31, 2019; and (3) The additional deposition need not be limited to the topics of the minimum wage claim and the Cramton-Farrell calls and may also encompass the topics of the Cramton-Mavros call and the iPhone/iCloud issues [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/30/19. (MAW)
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Filing
149
ORDER - IT IS ORDERED that the Parties' Joint Motion to Seal Exhibit 68 to Defendant's Refiled Motion for Partial Summary Judgment (Doc. 144 ) is GRANTED. The Clerk of Court shall seal Exhibit 68. IT IS FURTHER ORDERED that Defendants� 39; unopposed Motion to Seal Exhibits 6A and 7A to Defendants' Refiled Motion for Partial Summary Judgment (Doc. 145 ) is GRANTED. The Clerk of Court shall seal Exhibits 6A and 7A. IT IS FURTHER ORDERED that Plaintiff/Counter-Defendants' Motion to Seal or Strike Page 70 of Docket # 128 -1 and Page 47 of Docket # 128 -2 (Doc. 148 ) is GRANTED. The Clerk of Court shall strike Docs. 128 -1 and 128 -2 from the record. (See document for complete details). Signed by Judge Dominic W Lanza on 3/7/19. (SLQ)
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Filing
134
ORDER - IT IS ORDERED denying without prejudice the Joint Motion to Seal Exhibits to Plaintiff/Counter-Defendants' Motion for Summary Judgment (Doc. 127 ) and the Joint Motion to Seal Exhibits to Defendants' Motion for Partial Summary J udgment (Doc. 130 ). IT IS FURTHER ORDERED that, pursuant to LRCiv 5.6(e), the lodged documents will not be filed, but will remain under seal. The Court will extend the time provided by LRCiv 5.6(e) for the parties to act. The parties may, within 15 days of the entry of this Order, (1) confer and agree to remove the confidential designation from the exhibits previously designated confidential, and refile the motions for summary judgment, containing all exhibits in unsealed form, in the pub lic record, (2) file new drafts of the motions for summary judgment in the public record, including and relying on only those exhibits that are not designated confidential, or (3) file new joint motions to seal that conform with the requirements delineated herein. (See document for complete details). Signed by Judge Dominic W Lanza on 2/14/19. (SLQ)
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Filing
86
ORDER: IT IS ORDERED that the joint motion to amend the scheduling order (Doc. 79 ) is GRANTED IN PART AND DENIED IN PART [see attached Order for details]. Signed by Judge Dominic W Lanza on 11/6/18. (MAW).
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