Westfall v. Association of Universities for Research in Astronomy
| Michael Westfall |
| Association of Universities for Research in Astronomy |
| 4:2022cv00161 |
| April 5, 2022 |
| US District Court for the District of Arizona |
| Rosemary Marquez |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12101 Americans with Disabilities Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.
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Filing 48
ORDERED that a telephonic Pretrial Scheduling Conference is set for June 16, 2022, at 11:00 a.m., before the law clerk to the Honorable Rosemary Marquez. It is hereby ordered the parties are directed to Rule 16 of the Federal Rules of Civil Procedure for the objectives of the conference. The parties are directed to confer at least 21 days before the conference, in accordance with Fed. R. Civ. P. 26(f). It is further ordered that counsel shall file with the Court, on or before June 10, 2022, a Joint Report reflecting the results of their meeting and outlining their discovery plan. Signed by Judge Rosemary Marquez on 5/11/2022. (See Order for complete details)(ARC)
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Filing 47
Corporate Disclosure Statement by Association of Universities for Research in Astronomy. (Barnard, Thomas)
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Remark: Pro hac vice motion(s) granted for Jennifer L Curry, Chaitra Gowda on behalf of Defendant Association of Universities for Research in Astronomy. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Out of state attorneys Joseph T Rosenbaum, Jennifer L Curry, Joseph Andrew Faust, and Lincoln ST Ashida terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 46
ANSWER to #1 Complaint by Association of Universities for Research in Astronomy.(Barnard, Thomas)
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Filing 45
NOTICE of Appearance by Thomas H Barnard on behalf of Association of Universities for Research in Astronomy. (Barnard, Thomas)
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Remark: Pro hac vice motion(s) granted for Gregory G Paul on behalf of Plaintiff Michael Westfall. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 44
CASE TRANSFERRED IN from District of Hawaii; Case Number 1:21-cv-00317 . Original file certified copy of transfer order and docket sheet received
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Filing 43
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, TO TRANSFER VENUE re #16 - Signed by JUDGE JILL A. OTAKE on 3/31/2022. For the reasons stated herein, the Court GRANTS Defendant's Motion to Dismiss, or in the Alternative, to Transfer Venue. ECF No. 16. This action is TRANSFERRED to the United States District Court for the District of Arizona. (eta) [Transferred from hid on 4/5/2022.]
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Filing 42
EP: Hearing on #16 Defendant Association of Universities for Research in Astronomy's Motion to Dismiss, or in the Alternative, to Transfer Venuewas conducted by video teleconference (VTC).Oral arguments heard. #16 Defendant Association of Universities for Research in Astronomy's Motion to Dismiss, or in the Alternative, to Transfer Venue - TAKEN UNDER ADVISEMENT.Court to issue a written order.(Reporter-Ann Matsumoto) (JUDGE JILL A. OTAKE)(shm) [Transferred from hid on 4/5/2022.]
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Filing 41
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO JENNIFER L. CURRY re #40 - Signed by MAGISTRATE JUDGE ROM TRADER on 3/10/2022. (eta) [Transferred from hid on 4/5/2022.]
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Filing 40
MOTION for Pro Hac Vice [Jennifer L. Curry, Esq.] Filing fee $ 300, receipt number AHIDC-2652765.Joseph Andrew Ernst appearing for Defendant Association of Universities for Research in Astronomy (Ernst, Joseph) Modified on 3/10/2022 (eta). [Transferred from hid on 4/5/2022.]
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Filing 39
RESPONSE in Further Support re #16 MOTION to Dismiss Defendant Association of Universities for Research in Astronomys Motion to Dismiss, or in the Alternative, to Transfer Venue; Memorandum in Support of Motion; Declaration of Lynda Dec; Exhibits 1 - 8; Certificate of Service Defendant Association of Universities for Research in Astronomys Reply in Further Support of its Motion to Dismiss; Certificate of Service filed by Association of Universities for Research in Astronomy. (Ernst, Joseph) Modified on 2/28/2022 (eta). [Transferred from hid on 4/5/2022.]
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Filing 38
RESPONSE PLAINTIFFS RESPONSE TO THE COURTS EO OF FEBRUARY 11, 2022 AT 5:26 P.M.; Certificate of Service re 37 filed by Michael Westfall. (Attachments: #1 Declaration of Joseph T. Rosenbaum)(Rosenbaum, Joseph) Modified on 2/15/2022 (eta). [Transferred from hid on 4/5/2022.]
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Filing 37
EO: Since November 2021, Plaintiff has reneged multiple times on an agreement to transfer. Plaintiff is ordered to explain why it has repeatedly changed its position, with lengthy periods of unresponsiveness, causing disruption and delays in these proceedings. Plaintiff's response is due by 4:00 p.m. on 2/14/22. (JUDGE JILL A. OTAKE)(otake1) [Transferred from hid on 4/5/2022.]
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Filing 36
MEMORANDUM in Opposition re #16 MOTION to Dismiss Defendant Association of Universities for Research in Astronomys Motion to Dismiss, or in the Alternative, to Transfer Venue; Memorandum in Support of Motion; Declaration of Lynda Dec; Exhibits 1 - 8; Certificate of Service filed by Michael Westfall. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Rosenbaum, Joseph) [Transferred from hid on 4/5/2022.]
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Filing 35
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 2/10/2022. (eta) [Transferred from hid on 4/5/2022.]
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Filing 34
EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE held.Discussion had. Court is in receipt of Mr. Rosenbaum's letter, dated 2/9/2022, and is satisfied with the explanation for his non-appearance at the 2/7/2022 conference.Discussion had regarding Defendant's ECF #16 Motion to Dismiss, or in the Alternative, to Transfer Venue ("Motion") set for hearing on 3/18/2022 before District Judge Otake. Mr. Rosenbaum reports Plaintiff declines to enter a stipulation as to the Motion. Mr. Rosenbaum will be filing an opposition to the Motion.Court elects to set trial date and deadlines.Court sets Telephone Conference for 6/2/2022 at 9:00 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326.Rule 16 Scheduling Order to issue.Dates given: Jury Selection/Trial is set for 5/15/2023 at 08:30 AM before JUDGE JILL A. OTAKE. Final Pretrial Conference is set for 4/4/2023 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER. Settlement Conference #2 is set for 2/10/2023 at 10:00 AM before MAGISTRATE JUDGE ROM TRADER.Confidential Settlement Conference statements due by 2/3/2023 to Trader_Orders@hid.uscourts.gov. Telephone Conference is set for 6/2/2022 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 12/14/2022. Discovery due by 3/17/2023. (ATT / 8:45 - 8:50 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) [Transferred from hid on 4/5/2022.]
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Filing 32
EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE not held.Mr. Rosenbaum did not call to participate in today's conference.Mr. Ernst reported no contact with Mr. Rosenbaum since 2/2/2022 email wherein Mr. Rosenbaum indicated he was awaiting response from mainland counsel regarding stipulation to dismiss.Court directs Mr. Rosenbaum to submit a letter by no later than 2/9/2022 to Trader_Orders@hid.uscourts.gov explaining his non-appearance at today's conference and why the Court should not consider imposing sanctions for his non-appearance. Court CONTINUES the Telephonic Rule 16 Scheduling Conference to 2/10/2022 at 8:45 a.m. before Magistrate Judge Trader. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326. (ATT / 8:45 - 8:55 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) [Transferred from hid on 4/5/2022.]
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Filing 31
EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE not held.Discussion had. Mr. Rosenbaum anticipates agreement to transfer venue prior to 3/18/2022 hearing on Defendant's ECF #16 Motion to Dismiss, or in the Alternative, to Transfer Venue. Mr. Rosenbaum working with mainland counsel, Greg Paul, in California. Court CONTINUES Telephonic Rule 16 Scheduling Conference to 2/7/2022 at 8:45 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326.By 2/1/2022, parties shall submit to Otake_Orders@hid.uscourts.gov a stipulation to transfer venue. If stipulation to transfer venue is filed by 2/1/2022, the Court will automatically vacate the 2/7/2022 Telephonic Rule 16 Scheduling Conference. If not, the Court will set a trial date and deadlines. (ATT / 9:00 - 9:05 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) [Transferred from hid on 4/5/2022.]
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Filing 30
INITIAL DISCLOSURE by Michael Westfall. (Rosenbaum, Joseph) [Transferred from hid on 4/5/2022.]
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Filing 29
EO: Hearing on #16 Defendant Association of Universities for Research in Astronomy's Motion to Dismiss, or in the Alternative, to Transfer Venue is SET for hearing on 3/18/22 at 9:00 AM before JUDGE JILL A. OTAKE. Opposition due by 2/11/22, reply due by 2/25/22. The hearing will be conducted by video teleconference (VTC). The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) The Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion. (shm) [Transferred from hid on 4/5/2022.]
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Filing 28
Scheduling Conference Statement Defendant Association of Universities for Research in Astronomys Scheduling Conference Statement; Certificate of Service. (Ernst, Joseph) [Transferred from hid on 4/5/2022.]
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Filing 27
Scheduling Conference Statement . (Rosenbaum, Joseph) [Transferred from hid on 4/5/2022.]
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Filing 26
Joint REPORT of Planning Meeting . (Rosenbaum, Joseph) Modified on 1/14/2022 (eta). [Transferred from hid on 4/5/2022.]
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Filing 25
STATUS UPDATE on Local Rule 7.8 STATEMENT re #16 Defendant Association of Universities for Research in Astronomy's MOTION to Dismiss , or in the Alternative, to Transfer Venue Filed on November 1, 2021; Certificate of Service filed by Association of Universities for Research in Astronomy. (Ernst, Joseph) Modified on 1/4/2022 (eta). [Transferred from hid on 4/5/2022.]
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Filing 24
STATEMENT re #16 MOTION to Dismiss Defendant Association of Universities for Research in Astronomys Motion to Dismiss, or in the Alternative, to Transfer Venue; Memorandum in Support of Motion; Declaration of Lynda Dec; Exhibits 1 - 8; Certificate of Service Defendant Association of Universities for Research in Astronomys Status Update on Local Rule 7.8 Statement Regarding #16 Defendant Association of Universities for Research in Astronomys Motion to Dismiss, or in the Alternative, to Transfer Venue Filed on November 1, 2021 filed by Association of Universities for Research in Astronomy. (Ernst, Joseph) [Transferred from hid on 4/5/2022.]
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Filing 23
EO: On 11/17/21, Defendant Association of Universities for Research in Astronomy filed a #22 Local Rule 7.8 Statement Regarding #16 Defendant Association of Universities for Research in Astronomys Motion to Dismiss, or in the Alternative, to Transfer Venue Filed on November 1, 2021, wherein it indicated that the case could potentially be resolved by formal resolution. Defendant is directed to update the Court regarding the status of the case by 12/30/21. (JUDGE JILL A. OTAKE)(otake1) [Transferred from hid on 4/5/2022.]
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Filing 22
STATEMENT re #16 MOTION to Dismiss Defendant Association of Universities for Research in Astronomys Motion to Dismiss, or in the Alternative, to Transfer Venue; Memorandum in Support of Motion; Declaration of Lynda Dec; Exhibits 1 - 8; Certificate of Service Defendant Association of Universities for Research in Astronomys Local Rule 7.8 Statement Regarding #16 Defendant Association of Universities for Research in Astronomys Motion to Dismiss, or in the Alternative, to Transfer Venue filed on November 1, 2021 filed by Association of Universities for Research in Astronomy. (Ernst, Joseph) [Transferred from hid on 4/5/2022.]
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Filing 21
EO: Defendant is directed to file a statement, by 11/17/21, regarding its #16 Motion to Dismiss, or in the Alternative, to Transfer Venue, in conformance with the General Civil Case Procedures Before Judge Otake, which requires counsel for the movant to (1) "include with the motion a statement indicating the date, duration, and communication method of the conference and the participants in the conference" and (2) "detail the issues discussed and resolved during the conference and the issues remaining." (JUDGE JILL A. OTAKE)(shm) [Transferred from hid on 4/5/2022.]
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Filing 20
EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. (JUDGE JILL A. OTAKE)(shm) [Transferred from hid on 4/5/2022.]
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Filing 19
NOTICE of Case Reassignment: Please reflect Civil case number CV 21-00317 JAO-RT on all further pleadings. (eta) [Transferred from hid on 4/5/2022.]
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Filing 18
EO: The Telephonic Rule 16 Scheduling Conference set for 11/18/2021 at 09:00AM before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 1/19/2022 at 09:00AM. Scheduling Conference Statements must be filed by 1/12/2022. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) [Transferred from hid on 4/5/2022.]
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EO: The Clerk's Office is directed to assign this case to a District Judge. Magistrate Judge Trader to remain as the assigned Magistrate Judge. (MAGISTRATE JUDGE ROM TRADER)(laa) [Transferred from hid on 4/5/2022.]
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Filing 17
Corporate Disclosure Statement by Association of Universities for Research in Astronomy. (Ernst, Joseph) [Transferred from hid on 4/5/2022.]
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Filing 16
MOTION to Dismiss Defendant Association of Universities for Research in Astronomys Motion to Dismiss, or in the Alternative, to Transfer Venue; Memorandum in Support of Motion; Declaration of Lynda Dec; Exhibits 1 - 8; Certificate of Service Joseph Andrew Ernst appearing for Defendant Association of Universities for Research in Astronomy (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Lynda Dec, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Certificate of Service)(Ernst, Joseph) [Transferred from hid on 4/5/2022.]
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ADVISORY ENTRY. Personal Identifiers - Please be advised that an exhibit submitted in support of Document #15 MOTION to Dismiss or in the Alternative, Motion to Transfer Venue ("Memorandum in Support of Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer Venue") filed by Association of Universities for Research in Astronomy contains personal identifiers. To comply with the policy of the Judicial Conference of the United States and the E-Government Act of 2002, and to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including or shall partially redact when inclusion is necessary. The filing party may submit a redacted version of the affected exhibit. The filing party is further advised that the "Motion" portion of the document appears to have been omitted from the filing (the main document is the Memorandum in Support of Motion). The filing party may refile the Motion to Dismiss, in it's entirety and may include a redacted version of the affected exhibit contained in docket entry #15 . (eta) [Transferred from hid on 4/5/2022.]
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Filing 15
Document refiled, see ECF No. #16 . MOTION to Dismiss Defendant Association of Universities for Research in Astronomys Memorandum in Support of Defendants Motion to Dismiss, or in the Alternative, Motion to Transfer Venue; Declaration of Lynda Dec; Exhibits 1 - 8; Certificate of Service Joseph Andrew Ernst appearing for Defendant Association of Universities for Research in Astronomy (Attachments: #1 Declaration Declaration of Lynda Dec, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7 (RESTRICTED) , #9 Exhibit 8, #10 Certificate of Service)(Ernst, Joseph) Modified on 11/1/2021 to restrict Exhibit 7 to case participants and the court. (eta). [Transferred from hid on 4/5/2022.]
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Filing 14
NOTICE of Appearance by Lincoln S.T. Ashida on behalf of Association of Universities for Research in Astronomy on behalf of Association of Universities for Research in Astronomy. (Ashida, Lincoln) [Transferred from hid on 4/5/2022.]
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Filing 13
NOTICE of Appearance by Joseph Andrew Ernst on behalf of Association of Universities for Research in Astronomy on behalf of Association of Universities for Research in Astronomy. (Ernst, Joseph) [Transferred from hid on 4/5/2022.]
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Filing 12
EO: The Telephonic Rule 16 Scheduling Conference set for 10/22/2021 at 09:00AM is CONTINUED to 11/18/2021 at 09:00AM before MAGISTRATE JUDGE ROM TRADER. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) [Transferred from hid on 4/5/2022.]
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Filing 11
SUMMONS Returned Executed by Michael Westfall. Association of Universities for Research in Astronomy served on 10/8/2021. (Rosenbaum, Joseph) [Transferred from hid on 4/5/2022.]
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Filing 10
Summons Issued as to Association of Universities for Research in Astronomy. (jni) [Transferred from hid on 4/5/2022.]
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Filing 9
Summons (Proposed) (Rosenbaum, Joseph) [Transferred from hid on 4/5/2022.]
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Filing 8
NOTICE of Appearance by Joseph T. Rosenbaum on behalf of Michael Westfall on behalf of Michael Westfall. (Rosenbaum, Joseph) [Transferred from hid on 4/5/2022.]
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Filing 7
EO: As of 9/13/21, the record fails to reflect service of the complaint and summons in this case. Plaintiff is reminded to effect proper service as required by Rule 4 of the Federal Rules of Civil Procedure. Failure to do so may result in sanctions including dismissal of this action without prejudice. The Telephonic Rule 16 Scheduling Conference is CONTINUED from 9/20/21 at 9:00 a.m. to 10/22/2021 at 9:00 a.m. before Magistrate Judge Trader. Scheduling Conference Statements are due 10/15/2021.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) [Transferred from hid on 4/5/2022.]
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Filing 6
Pay.gov Form Submission Re: Filing fee: $ 402, Pay.gov Tracking ID: 26T2H101 re #1 Complaint submitted by Vivian Westfall on behalf of Plaintiff Michael Westfall. (emt, ) [Transferred from hid on 4/5/2022.]
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Filing 5
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/23/2021. (emt, )COURT'S CERTIFICATE of Service - Michael Westfall served on July 23, 2021. A blank Application to Proceed in District Court Without Prepaying Fees or Costs was provided to Plaintiff. [Transferred from hid on 4/5/2022.]
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Filing 4
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. (Attachments: #1 Election Form: Consent to Jurisdiction by United States Magistrate Judge ) YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. While the decision to consent or not to consent to the exercise of jurisdiction by the magistrate judge is entirely voluntarily, the duty to respond to this notice is mandatory. Each party must indicate consent or decline to consent by completing the attached Election Form and filing it with the court no later than twenty-one (21) days after entry ofappearance. In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. (emt, )COURT'S CERTIFICATE of Service - Plaintiff Michael Westfall served on July 23, 2021. [Transferred from hid on 4/5/2022.]
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 9/20/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/23/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures)(emt, )COURT'S CERTIFICATE of Service - Plaintiff Michael Westfall served on July 23, 2021. [Transferred from hid on 4/5/2022.]
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Filing 2
CIVIL Cover Sheet - by Michael Westfall. (emt, ) [Transferred from hid on 4/5/2022.]
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Filing 1
COMPLAINT; (Jury Trial Demanded) against Association of Universities for Research in Astronomy - filed by Michael Westfall. (Attachments: #1 Exhibit 1 - EEOC Letter of Dismissal)(emt, ) [Transferred from hid on 4/5/2022.]
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