Espinoza v. Centurion Medical Products Corporation
| Nerida Espinoza |
| Unknown Parties and Centurion Medical Products Corporation |
| 2:2019cv04826 |
| July 26, 2019 |
| US District Court for the District of Arizona |
| David G Campbell |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 2, 2020. A more recent docket listing may be available from PACER.
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| Filing 51 MINUTE ORDER: Civil Case Terminated per #50 Order re: #49 Notice of Settlement. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB) |
Filing 50
ORDER re: #49 Notice of Settlement that the notice is accepted. All pending deadlines, motions, hearings and other judicial proceedings in this matter are vacated. The parties shall have until July 1, 2020 to file a stipulation of dismissal of this matter. If a stipulation of dismissal is not filed on or before July 1, 2020, the Clerk of Court is directed to terminate this matter in its entirety without further order of the Court. Signed by Senior Judge David G Campbell on 6/1/2020. (CLB)
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| Filing 49 NOTICE of Settlement by Centurion Medical Products Corporation. (Mabe, Kyle) |
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Filing 48
ORDER. The Court held a telephone conference with the parties today, not on the record, and enters the following orders: (1) Defendant agreed that it will not assert its 24th affirmative defense (failure to exhaust) in this case; (2) Defendant shall file its motion for summary judgment on May 15, 2020, Plaintiff shall filed her response and cross-motion in a single document on June 12, 2020; Defendant shall file a reply/response on July 3, 2020, and Plaintiff shall file a reply in support of her cross-motion on July 17, 2020; (3) the first three briefs will be limited to 17 pages each and the last to 10 pages, and statements of fact shall not exceed 15 pages each. Signed by Senior Judge David G Campbell on 4-16-2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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Filing 47
ORDER: The Court will hold a telephonic hearing on 4/16/2020 at 3:00 PM for purposes of discussing the parties' letters to the Court concerning proposed motions for summary judgment [40, 42]. Plaintiff shall set up a dial-in number for the call and shall provide the dial-in information to the Court and counsel for Defendants no later than 12:00 noon on 4/15/2020. This hearing will not be on the record. No court reporter will be present and there will be transcript prepared of the hearing. Ordered by Senior Judge David G. Campbell on 4/14/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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Filing 46
ORDER re: 45 Order, Set/Reset Deadlines/Hearings. The hearing currently set for 3/20/2020 at 4:00 PM is vacated. The hearing to set a schedule for motions for summary judgment will be reset by the Court when the Court resumes normal operations following the Corona virus outbreak. Signed by Senior Judge David G Campbell on 3/23/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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Filing 45
ORDER re: #40 Notice (Other) filed by Nerida Espinoza, #42 Response filed by Centurion Medical Products Corporation. Telephonic hearing set for 3/20/2020 at 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Counsel for Plaintiff shall initiate a conference call to include counsel for all parties and the Court. If a dial-in number is to be used, counsel for Plaintiff shall provide the dial-in number to counsel for all parties and the Court no later than 3/18/2020 at 12:00 noon. Signed by Senior Judge David G Campbell on 3/10/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| Filing 44 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant Centurion Medical Products Corporation. (Mabe, Kyle) |
| Filing 43 NOTICE TO FILER OF DEFICIENCY re: #42 Response. Document not in compliance with LRCiv 7.1(a) and 7.1(a)(1) - Forms of Paper. Please note for future filings; information that must be stated upon the first page of every document and may be presented for filing and Attorney filing information must be typed in upper left corner. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 42 RESPONSE re: #40 Notice (Other) Plaintiff's Anticipated Motion for Summary Adjudication by Defendant Centurion Medical Products Corporation. (Mabe, Kyle) |
| Filing 41 NOTICE TO FILER OF DEFICIENCY re: #38 Notice, #39 Response, #40 Notice. Document not in compliance with LRCiv 7.1(a) and 7.1(a)(1) - Forms of Paper. Please note for future filings; information that must be stated upon the first page of every document and may be presented for filing and Attorney filing information must be typed in upper left corner. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 40 NOTICE re: Re: Plaintiff's Anticipated Motion for Summary Adjudication by Nerida Espinoza . (Figari, Barbara) |
| Filing 39 RESPONSE re: #38 Notice (Other) by Plaintiff Nerida Espinoza. (Figari, Barbara) |
| Filing 38 NOTICE re: Anticipated Motion for Summary Judgment by Centurion Medical Products Corporation . (Mabe, Kyle) |
| Filing 37 REPORT of Settlement Talks/Discussions by Centurion Medical Products Corporation. (Mabe, Kyle) |
| Filing 36 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Nerida Espinoza. (Figari, Barbara) |
| Filing 35 NOTICE of Service of Discovery filed by Nerida Espinoza. (Figari, Barbara) |
| Filing 34 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant Centurion Medical Products Corporation. (Mabe, Kyle) |
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Filing 33
ORDER granting #32 Motion for extension of time for good faith settlement talks. The parties' good faith settlement talks deadline is extended to 2/14/2020. All remaining dates in the Court's Case Management Order #27 remain in full effect. Extension to the dates contained in the Court's Case Management Order #27 will not be extended to accommodate settlement negotiations. Signed by Senior Judge David G Campbell on 1/13/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| Filing 32 Joint MOTION to Extend Deadline for Good Faith Settlement Talks by Centurion Medical Products Corporation. (Attachments: #1 Text of Proposed Order)(Mabe, Kyle) |
| Filing 31 Corporate Disclosure Statement by Centurion Medical Products Corporation identifying Corporate Parent Medline Industries, Inc. for Centurion Medical Products Corporation. (Mabe, Kyle) |
| Filing 30 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. Corporate Disclosure Statement Deadline set as to Centurion Medical Products Corporation. (CLB) |
| Filing 29 NOTICE of Service of Discovery filed by Centurion Medical Products Corporation. (Mabe, Kyle) |
| Filing 28 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Centurion Medical Products Corporation. (Mabe, Kyle) |
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Filing 27
CASE MANAGEMENT ORDER. Discovery due by 3/6/2020. Dispositive motions due by 4/6/2020. Signed by Senior Judge David G Campbell on 9/4/2019. (DGC, nvo)
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| Filing 26 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Scheduling Conference held on 9/3/2019. Deadlines discussed. Order to issue. APPEARANCES: Barbara Figari for Plaintiff. Kyle Mabe for Defendant Centurion Medical Products Corporation. (Court Reporter Barbara Stockford.) Hearing held 2:59 PM to 3:08 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
| Filing 25 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) (Joint Case Management Report) filed by Defendant Centurion Medical Products Corporation. (Mabe, Kyle) |
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Filing 24
ORDER. Rule 16 Case Management Conference set for 9/3/2019 at 03:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Signed by Senior Judge David G Campbell on 8/7/2019. (DGC, nvo)
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| Filing 23 *NOTICE of Attorney Substitution by Robert Shawn Oller terminating Steven Groode. (Oller, Robert) *Modified to correct docket text on 7/31/2019 (GMP). |
| Filing 22 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MAP) |
| Filing 21 LETTER Re Transfer of 2:18-cv-10565 from Central District of California to the District of Arizona. New Case Number: CV-19-4826-PHX-DGC. (MAP) |
| Filing 20 CASE TRANSFERRED IN from District of California Central; Case Number 2:18-cv-10565 . Original file certified copy of transfer order and docket sheet received |
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Filing 19
ORDER REGARDING PARTIES STIPULATION TO TRANSFER VENUE{18] by Judge Otis D. Wright, II: This case is Transferred to USDC of Arizona. (Entir case electroncially sent to USDC Arizona 7/25/19) (MD JS-6. Case Terminated.) (lc) [Transferred from cacd on 7/26/2019.]
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| Filing 18 Joint STIPULATION to Transfer Case to District of Arizona filed by Defendant Centurion Medical Products Corporation. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order)(Groode, Steven) [Transferred from cacd on 7/26/2019.] |
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Filing 17
ORDER that the Scheduling Conference is set for 8/5/2019 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc) [Transferred from cacd on 7/26/2019.]
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| Filing 16 CERTIFICATE of Interested Parties filed by Defendant Centurion Medical Products Corporation, identifying 1. Plaintiff Nerida Espinoza; 2. Defendant Centurion Medical Products Corporation; and 3. Medline Industries, Inc. (onwer of Defendant Centurion Medical Products Corporation). (Groode, Steven) [Transferred from cacd on 7/26/2019.] |
| Filing 15 NOTICE of Related Case(s) filed by Defendant Centurion Medical Products Corporation. (Groode, Steven) [Transferred from cacd on 7/26/2019.] |
| Filing 14 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Centurion Medical Products Corporation.(Attorney Steven Andrew Groode added to party Centurion Medical Products Corporation(pty:dft))(Groode, Steven) [Transferred from cacd on 7/26/2019.] |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Nerida Espinoza, upon Defendant Centurion Medical Products Corporation served on 5/6/2019, answer due 5/28/2019. Service of the Summons and Complaint were executed upon Austin Vue, CSC, Person Authorized to Accept Service of Process at Registered Agent for Service of Process in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Figari, Barbara) [Transferred from cacd on 7/26/2019.] |
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Filing 12
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court ORDERS Plaintiff to SHOW CAUSE, in writing only, no later than May 24,2019, why the Court should not dismiss Defendant Centurion Medical Products Corporation based on plaintiffs failure to serve the Complaint within the Rule 4(m) period. No hearing will be held. The Court will discharge this order upon the filing of a proof of service as to this Defendant. Failure to timely respond to this Order may result in the dismissal of the action without further warning. (lc) [Transferred from cacd on 7/26/2019.]
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| Filing 11 21 DAY Summons Issued re Complaint #1 as to Defendant Centurion Medical Products Corporation. (lom) [Transferred from cacd on 7/26/2019.] |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Nerida Espinoza. (Figari, Barbara) [Transferred from cacd on 7/26/2019.] |
| Filing 9 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #8 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lom) [Transferred from cacd on 7/26/2019.] |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Nerida Espinoza. (Figari, Barbara) [Transferred from cacd on 7/26/2019.] |
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Filing 7
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc) [Transferred from cacd on 7/26/2019.]
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| Filing 6 NOTICE of Interested Parties filed by Plaintiff Nerida Espinoza, (Figari, Barbara) [Transferred from cacd on 7/26/2019.] |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (et) [Transferred from cacd on 7/26/2019.] |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) [Transferred from cacd on 7/26/2019.] |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Frederick F. Mumm. (et) [Transferred from cacd on 7/26/2019.] |
| FILING FEE PAID for new civil case. Receipt No. 0973-22938132 for $400 filing fee. (Figari, Barbara) [Transferred from cacd on 7/26/2019.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Nerida Espinoza. (Figari, Barbara) [Transferred from cacd on 7/26/2019.] |
| Filing 1 COMPLAINT with In Forma Pauperis request, filed by Plaintiff Nerida Espinoza. (Attorney Barbara E Figari added to party Nerida Espinoza(pty:pla))(Figari, Barbara) [Transferred from cacd on 7/26/2019.] |
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