Clint Matkovich v. Costco Wholesale Corporation et al
| Clint Matkovich |
| Costco Wholesale Corporation and Does 1-50, inclusive |
| 2:2015cv02057 |
| March 19, 2015 |
| US District Court for the Central District of California |
| Jay C Gandhi |
| Michael R Wilner |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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Filing 195
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #186 filed by Clint Matkovich. CCA # 20-55682. Pursuant to the stipulation of the parties, this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys' fees on appeal. A copy of this order shall serve as and for the mandate of this court. (hr)
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| Filing 194 SATISFACTION OF JUDGMENT entered In favor of Costco Wholesale Corporation Against Clint Matkovich filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 193 BILL OF COSTS. Costs Taxed in the amount of $ $7,687.63 in favor of Defendant Costco Whole Sale Corporation and against Plaintiff Clint Matkovich. RE: APPLICATION to the Clerk to Tax Costs against Plaintiff Clint Matkovich re: Judgment,, #183 , #184 (sn) |
| Filing 192 NOTICE OF FILING TRANSCRIPT filed for proceedings 8-16-19; 9-6-19 re Transcript #190 , #191 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY |
| Filing 191 TRANSCRIPT for proceedings held on 9-6-19. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, phone number 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/11/2020. Redacted Transcript Deadline set for 9/21/2020. Release of Transcript Restriction set for 11/19/2020. (jlo) |
| Filing 190 TRANSCRIPT for proceedings held on 8-16-19. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, phone number 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/11/2020. Redacted Transcript Deadline set for 9/21/2020. Release of Transcript Restriction set for 11/19/2020. (jlo) |
| Filing 189 TRANSCRIPT ORDER re: Court of Appeals case number 20-55682, as to Plaintiff/Appellant Clint Matkovich for Court Smart (CS). Court will contact Jennifer A. Lipski at jennifer@jmllaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Lipski, Jennifer) |
| Filing 188 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55682 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #186 as to Plaintiff Clint Matkovich. (hr) |
| Filing 187 RESPONSE IN SUPPORT of APPLICATION to the Clerk to Tax Costs against Plaintiff Clint Matkovich re: Judgment,, #183 , #184 filed by Defendant Costco Wholesale Corporation. (Attachments: #1 Defendant's Objections to Declaration of Jennifer A. Lipski and Plaintiff's Request for Judicial Notice)(Fitch, Lindsay) |
| Filing 186 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by plaintiff Clint Matkovich. Appeal of Minutes of In Chambers Order/Directive - no proceeding held #181 , Judgment,, #183 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-27054658.) (Lovretovich, Joseph) |
| Filing 185 OBJECTIONS to APPLICATION to the Clerk to Tax Costs against Plaintiff Clint Matkovich re: Judgment,, #183 , #184 filed by Plaintiff Clint Matkovich. (Attachments: #1 Request for Judicial Notice in Support of Plaintiff's Objections to Defendant's Bill of Costs)(Lipski, Jennifer) |
| Filing 184 APPLICATION to the Clerk to Tax Costs against Plaintiff Clint Matkovich re: Judgment,, #183 , filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 183 JUDGMENT by Magistrate Judge Michael R. Wilner. In accordance with the Courts Post Remand Findings of Fact and Conclusions of Law, Judgment is entered in favor of Defendant Costco Wholesale Corporation and against Plaintiff Clint Matkovich. The Court has ordered that the Plaintiff recover nothing, the action be dismissed on the merits, and the Defendant recover costs from the Plaintiff as determined by the Clerk of the Court. Related to: REQUEST for Judgment Post Remand Findings of Fact and Conclusions of Law #182 (MD JS-6, Case Terminated). (vm) |
| Filing 182 REQUEST for Judgment Post Remand Findings of Fact and Conclusions of Law filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 181 MINUTE (IN CHAMBERS) POST-REMAND FINDINGS OF FACT AND CONCLUSIONSOF LAW by Magistrate Judge Michael R. Wilner. Defendant will promptly lodge a proposed judgment for the Courts consideration. (See Minute Order for further details) (vm) |
| Filing 180 REPLY to Defendant Costco's Supplemental Brief on Remand filed by Plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 179 REPLY to Plaintiff's Brief in Support of Post-Remand Proposed Findings of Fact and Conclusions of Law filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
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Filing 178
ORDER GRANTING STIPULATION TO EXTEND REPLY BRIEF DEADLINES IN SUPPORT OF POST-REMAND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Magistrate Judge Michael R. Wilner. The Court hereby grants the Parties Stipulation to extend the deadline to file their respective reply briefs in support of post-remand proposed findings of fact and conclusions of law, from November 15, 2019 to December 10, 2019. re Stipulation for Extension of Time to File Response/Reply #177 (vm)
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| Filing 177 Joint STIPULATION for Extension of Time to File Brief Deadlines in Support of Post-Remand Proposed Findings of Fact and Conclusions of Law filed by Defendant Costco Wholesale Corporation. (Attachments: #1 Proposed Order)(Kwan, Sophia) |
| Filing 176 MEMORANDUM of Points and Authorities in Support Plaintiff's Proposed Post-Remand Findings of Fact and Conclusions of Law (Attachments: #1 Proposed Post-Remand Findings of Fact & Conclusions of Law)(Lovretovich, Joseph) |
| Filing 175 Notice of Electronic Filing re Text Only Scheduling Notice, 171 , Notice of Appearance or Withdrawal of Counsel (G-123), #172 , Supplement #174 , Add and Terminate Attorneys, Notice of Appearance or Withdrawal of Counsel (G-123) #173 e-mailed to Andrew Pletcher bounced due to message to andrew@jmllaw.com couldn't be delivered. andrew wasn't found at jmllaw.com. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
| Filing 174 SUPPLEMENT filed by Defendant Costco Wholesale Corporation. (Attachments: #1 [Proposed] Amended Findings of Fact and Conclusions of Law)(Fitch, Lindsay) |
| Filing 173 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph M Lovretovich counsel for Plaintiff Clint Matkovich. Filed by plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 172 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph M Lovretovich counsel for Plaintiff Clint Matkovich. Adding Jennifer A. Lipski as counsel of record for Clint Matkovich for the reason indicated in the G-123 Notice. Filed by plaintiff Clint Matkovich. (Lovretovich, Joseph) |
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Filing 171
SCHEDULING NOTICE ORDER RE: EXTENSION by Magistrate Judge Michael R. Wilner. The Court received an email from Plaintiff requesting an extension to file a supplemental brief. The request is GRANTED. The brief is due by November 1, 2019. re: Telephone Conference, #170 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY
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| Filing 170 MINUTES OF Telephone Conference held before Magistrate Judge Michael R. Wilner. The parties may also submit a brief in support of their positions (not to exceed 20 pages, please). These materials will be due by October 25. Each side may also submit a brief responding to the adversarys position(NTE 10 pages here). The response briefs will be due by November 15. (See Minute Order for further details) Court Recorder: XTR 9/6/2019. (vm) |
| Filing 169 MINUTES OF Telephone Conference held before Magistrate Judge Michael R. Wilner. The Court conferred with the parties regarding the status of the case. The Court sets a further telephonic status conference with defendant on September 6, 2019 at 9:30 a.m. Court Recorder: XTR 8/16/2019. (vm) |
| Filing 168 CONSENT TO PROCEED before United States Magistrate Judge by all parties pursuant to GO 18-11 is approved by District Judge Fernando M. Olguin and Magistrate Judge Michael R. Wilner. This case is hereby reassigned to Magistrate Judge Michael R. Wilner for all further proceedings. Case number will now read 2:15-cv-02057 MRW. (rn) |
| Filing 167 SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. Telephone Conference set for August 16, 2019 at 2:00 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY |
| Filing 166 BILL OF COSTS. The APPLICATION to the Clerk to Tax Costs against defendant Costco Wholesale Corporation #120 is Denied as Moot in light of the Memorandum from the Ninth Circuit Court of Appeals, dated April 11, 2019. A new Application to the Clerk to Tax Costs may be re-filed upon the entry of a new judgment. (ri) |
| Filing 165 NOTICE OF LODGING filed Statement of Consent to Proceed Before a United States Magistrate Judge re Minutes of In Chambers Order/Directive - no proceeding held, #164 (Fitch, Lindsay) |
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Filing 164
MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. Pursuant to plaintiff's informal request, the deadline for the parties to submit an email or letter concerning consent to have a magistrate judge proceed over this action, is hereby extended to 8/1/2019, at 5:00 p.m. (vdr)
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| Filing 163 **SEALED BY CHAMBERS** Correspondence to Court re Status Conference on Mandate filed by Plaintiff Clint Matkovich (Lovretovich, Joseph) Modified on 7/30/2019 (vdr). |
| Filing 162 MINUTES OF STATUS CONFERENCE ON MANDATE (Held; Completed) before Judge Fernando M. Olguin. Counsel shall confer with their clients about the possibility of consenting to a Magistrate Judge. No later than 5:00 p.m. on July 29, 2019, each side shall submit via personal delivery or email confidential letters indicating whether they are willing to consent to a Magistrate Judge for trial, and if so, providing a list of three acceptable Magistrate Judges. (Case reopened. MD JS-5.) Court Reporter: Maria Bustillos. (iv) |
| Filing 161 NOTICE OF HEARING ON USCA Judgment re USCA Mandate, #158 : Hearing on USCA Judgment-Mandate-Order set for 7/25/2019 at 10:00 AM before Judge Fernando M. Olguin. (iv) |
| Filing 160 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Reassignment of Case Upon Receipt of Mandate, #159 , The case was reassigned to Judge Anderson and Mumm in error, this case is returned to the Judge Olguin and Magistrate Judge Eick, the initially assigned judges prior to the consent to Magistrate Judge Jay C. Gandhi. Case now reads as 2:15-cv-02057 FMO(Ex). (rn) |
| Filing 159 NOTICE OF REASSIGNMENT OF CASE upon Receipt of Mandate filed. This case having been returned on a mandate from the 9th CCA, vacated and remanded the decision of Magistrate Judge Jay C. Gandhi and requiring judicial action, this case has been reassigned to Judge Percy Anderson and Magistrate Judge Frederick F. Mumm for all further proceedings. Case number will now read 2:15-cv-02057 PA(FFMx). (rn) |
| Filing 158 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #143 , CCA # 17-56440. The judgment of this Court, entered April 11, 2019, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum #157 VACATED AND REMANDED.](mat) |
| Filing 157 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #143 filed by Costco Wholesale Corporation. CCA # 17-56440. VACATED AND REMANDED. (shb) |
| Filing 156 NOTICE of Change of address by Joseph M Lovretovich attorney for Plaintiff Clint Matkovich. Changing attorneys address to 5855 Topanga Canyon Blvd., Site 300, Woodland Hills, CA 91367. Filed by Plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 155 TRANSCRIPT ORDER re: Court of Appeals case number 17-56440, as to plaintiff Clint Matkovich for Court Reporter. Court will contact Andrew Pletcher at andrew@jmllaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Lovretovich, Joseph) |
| Filing 154 DESIGNATION of Record on Appeal by defendant Costco Wholesale Corporation re #143 (Kwan, Sophia) |
| Filing 153 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #152 . The following error(s) was found: INCORRECT FILING EVENT WAS USED TO E-FILE THE G-126 (TRANSCRIPT DESIGNATION FORM). IF YOU NEED TO FILE FORM G-126 (TRANSCRIPT DESIGNATION FORM) CIVIL EVENTS>>OTHER FILINGS>>APPEAL DOCUMENTS>>DESIGNATION OF RECORD ON APPEAL>>UPLOAD FORM. You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY |
| Filing 152 Transcript Designation Form filed by Defendant Costco Wholesale Corporation (Kwan, Sophia) |
| Filing 151 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/30/17 & 5/31/17 PM Session re Transcript #149 , #150 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY |
| Filing 150 TRANSCRIPT for proceedings held on 5/31/17 DAY 2 PM session. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/16/2018. Redacted Transcript Deadline set for 1/23/2018. Release of Transcript Restriction set for 3/23/2018. (Baird, Miriam) |
| Filing 149 TRANSCRIPT for proceedings held on 5/30/17 DAY 1 PM session. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/16/2018. Redacted Transcript Deadline set for 1/23/2018. Release of Transcript Restriction set for 3/23/2018. (Baird, Miriam) |
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Filing 148
ORDER APPROVING COSTCO WHOLESALE CORPORATIONS SUPERSEDEAS BOND AND STAYING EXECUTION OF JUDGMENT PENDING APPEAL by Magistrate Judge Jay C. Gandhi. Whereas, defendant Costco Wholesale Corporation filed a Notice of Posting of Supersedeas Bond in the above-captioned case, requesting approval of a supersedeas bond in the amount of $507,075.00, which bond was attached as Exhibit A to the Notice; Whereas, having reviewed the Notice and supersedeas bond, and good cause appearing, the Court hereby ORDERS as follows: (1) the supersedeas bond attached as Exhibit A to the Notice is hereby APPROVED; (2) the execution of the Judgment entered June 29, 2017, as well as of the Court's post-Judgment orders awarding attorneys' fees, shall be STAYED upon the signing of this Order and the stay shall remain in effect until appellate proceedings related to the Judgment and post-Judgment orders are completed. IT IS SO ORDERED. (dro)
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| Filing 147 NOTICE OF ERRATA filed by Defendant Costco Wholesale Corporation. correcting Statement #142 , Notice (Other) #140 (Seldon, Kiran) |
| Filing 146 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-56440 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #143 as to Defendant Costco Wholesale Corporation. (shb) |
| Filing 145 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #141 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal G123. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 144 Supersedeas BOND in the amount of $ $507,075.00 posted by Defendant Costco Wholesale Corporation (Attachments: #1 Proposed Order) (Seldon, Kiran) |
| Filing 143 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant Costco Wholesale Corporation. Appeal of Judgment,, #117 , Order #116 , Order on Motion for Attorney Fees,, Order on Motion to Amend/Correct, #139 , Order on Motion for Attorney Fees,,, Order on Motion to Amend/Correct,, #135 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-20543689.) (Kwan, Sophia) |
| Filing 142 STATEMENT Representation filed by Defendant Costco Wholesale Corporation (Kwan, Sophia) |
| Filing 141 NOTICE of Appearance filed by attorney Kiran Aftab Seldon on behalf of Defendant Costco Wholesale Corporation (Attorney Kiran Aftab Seldon added to party Costco Wholesale Corporation(pty:dft))(Seldon, Kiran) |
| Filing 140 NOTICE of Appeal filed by Defendant Costco Wholesale Corporation. (Kwan, Sophia) |
| Filing 139 MINUTES (IN CHAMBERS) by Magistrate Judge Jay C. Gandhi: GRANTING Plaintiff's Supplemental Motion for Reasonable Attorneys' Fees re #136 , #137 . Accordingly, Plaintiff's Motion is GRANTED. Defendant shall pay Plaintiff attorneys' fees in the sum of $5,925.00, no more than thirty(30) days from the date of entry of this Order. (mba) |
| Filing 138 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Attorney Fees #136 filed by Defendant Costco Wholesale Corporation. (Kwan, Sophia) |
| Filing 137 NOTICE OF MOTION AND MOTION to CORRECT NOTICE OF MOTION AND MOTION for Attorney Fees #136 filed by plaintiff Clint Matkovich. Motion set for hearing on 10/5/2017 at 10:00 AM before Magistrate Judge Jay C. Gandhi. (Lovretovich, Joseph) |
| Filing 136 NOTICE OF MOTION AND MOTION for Attorney Fees filed by plaintiff Clint Matkovich. Motion set for hearing on 10/5/2017 at 10:00 AM before Magistrate Judge Jay C. Gandhi. (Attachments: #1 Declaration, #2 Declaration) (Lovretovich, Joseph) |
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Filing 135
MINUTES (IN CHAMBERS) ORDER (1) DENYING DEFENDANT'S RULE 52 MOTION; AND (2) GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR REASONABLE ATTORNEYS' FEES by Magistrate Judge Jay C. Gandhi: The Court ORDERS as follows: 1) Defendant's Rule 52 Motion #126 is DENIED; and 2) Plaintiff's Fee Motion #121 is GRANTED IN PART AND DENIED IN PART. Defendant shall pay Plaintiff attorneys' fees in the sum of $328,142.50, no more than thirty (30) days from the date of entry of this Order. (kh)
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| Filing 134 MINUTES OF 1) PLAINTIFF'S MOTION FOR ATTORNEY FEES #121 ; 2) DEFENDANTS MOTION TO AMEND ORDER #126 Hearing held before Magistrate Judge Jay C. Gandhi: Case called. Appearances announced. The parties argue. Parties' motions are taken under submission. Court Recorder: CS 8/24/2017. (kh) |
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Filing 133
ORDER RE REQUEST TO APPEAR TELEPHONICALLY by Magistrate Judge Jay C. Gandhi: **NOTE CHANGES MADE BY THE COURT** The request #131 is GRANTED. All counsel choosing to appear telephonically shall immediately provide a contact telephone number to the chambers email box: jcg_chambers@cacd.uscourts.gov, and shall make themselves available at that telephone number at least ten minutes prior to the scheduled hearing time. (kh)
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| Filing 132 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Leave of Lindsay S. Fitch to Appear for Defendant Telephonically at Hearings before the Court #131 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (kh) |
| Filing 131 REQUEST for Leave of Lindsay S. Fitch to Appear for Defendant Telephonically at Hearings before the Court filed by Plaintiff and filed by defendant Costco Wholesale Corporation. Request set for hearing on 8/24/2017 at 10:00 AM before Magistrate Judge Jay C. Gandhi. (Fitch, Lindsay) |
| Filing 130 REPLY in Support NOTICE OF MOTION AND MOTION to Amend Order #116 #126 filed by Defendant Costco Wholesale Corporation. (Kwan, Sophia) |
| Filing 129 OPPOSITION opposition re: NOTICE OF MOTION AND MOTION to Amend Order #116 #126 filed by Plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 128 SCHEDULING NOTICE RE CONTINUANCE by Magistrate Judge Jay C. Gandhi: The hearing on Plaintiff's Motion for Attorney Fees #121 , is hereby CONTINUED from August 10, 2017 to August 24, 2017 at 10:00 a.m. in Courtroom 6A before Magistrate Judge Jay C. Gandhi.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY |
| Filing 127 REPLY in support of NOTICE OF MOTION AND MOTION for Attorney Fees #121 filed by Plaintiff Clint Matkovich. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration)(Lovretovich, Joseph) |
| Filing 126 NOTICE OF MOTION AND MOTION to Amend Order #116 filed by Defendant Costco Wholesale Corporation. Motion set for hearing on 8/24/2017 at 10:00 AM before Magistrate Judge Jay C. Gandhi. (Attachments: #1 Memorandum ISO Motion, #2 Declaration of Sophia Kwan ISO Motion, #3 Exhibit A-I to Sophia Kwan Declaration ISO Motion, #4 Proposed Order re Motion, #5 Proposed Order Proposed Supplemental Amended Findings of Fact and Conclusions of Law, #6 Proposed Order Proposed Amended Judgment) (Kwan, Sophia) |
| Filing 125 RESPONSE filed by Plaintiff Clint Matkovichto Objection #123 re: Plaintiff's Application to the Clerk to Tax Costs (Attachments: #1 Declaration)(Lovretovich, Joseph) |
| Filing 124 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response in Opposition to Motion, #122 . The following error(s) was found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (twdb) |
| Filing 123 OBJECTIONS to APPLICATION to the Clerk to Tax Costs against defendant Costco Wholesale Corporation #120 filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 122 OPPOSITION to NOTICE OF MOTION AND MOTION for Attorney Fees #121 filed by Defendant Costco Wholesale Corporation. (Attachments: #1 Declaration of Lindsay Fitch ISO Opposition, #2 Supplement Objections to Plaintiff's Declarations Submitted ISO Motino for Attorneys' Fees)(Fitch, Lindsay) |
| Filing 121 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiff Clint Matkovich. Motion set for hearing on 8/10/2017 at 10:00 AM before Magistrate Judge Jay C. Gandhi. (Attachments: #1 Declaration Declaration of ASP in Support of Motion, #2 Declaration Declaration of Genie Harrison in Support of Motion, #3 Declaration Declaration of JAL in Support of Motion, #4 Declaration Declaration of JWB in Support of Motion, #5 Declaration Declaration of JML in Support of Motion) (Lovretovich, Joseph) |
| Filing 120 APPLICATION to the Clerk to Tax Costs against defendant Costco Wholesale Corporation filed by plaitiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 119 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph M Lovretovich counsel for Plaintiff Clint Matkovich. Filed by plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 118 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph M Lovretovich counsel for Plaintiff Clint Matkovich. Filed by plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 117 JUDGMENT by Magistrate Judge Jay C. Gandhi. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT final judgment in the action be entered as follows: In accordance with the Courts Findings of Fact and Conclusions of Law, judgment is entered in favor of Clint Matkovich and against Costco Wholesale Corporation. Clint Matkovich shall recover damages in the amount of $71,592.48 from Costco Wholesale Corporation. Clint Matkovich shall also recover costs from Costco Wholesale Corporation as determined by the Clerk of the Court re #116 (MD JS-6, Case Terminated). (mba) |
| Filing 116 FINDINGS OF FACT AND CONCLUSION OF LAW by Magistrate Judge Jay C. Gandhi. (mba) |
| Filing 115 NOTICE OF FILING TRANSCRIPT filed for proceedings 6/8/2017; 11:01 a.m. re Transcript #114 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY |
| Filing 114 TRANSCRIPT for proceedings held on 6/8/2017; 11:01 a.m. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, inc., phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/5/2017. Redacted Transcript Deadline set for 7/17/2017. Release of Transcript Restriction set for 9/12/2017. (at) |
| Filing 113 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/30/2017 at 9:21 a.m.; 5/31/2017 at 9:15 a.m. re Transcript #112 , #111 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dhs) TEXT ONLY ENTRY |
| Filing 112 TRANSCRIPT for proceedings held on 5/31/2017 at 9:15 a.m. ****Transcript may be viewed at the court public terminal or purchased through Court Reporter DEBBIE HINO-SPAAN at: WEBSITE www.debbiehinospaan.com; E-mail, dhinospaan@yahoo.com before the deadline for Release of Transcript restriction. After that date, it may be obtained from the Court Reporter or through PACER. Additional formats of the transcript (ASCII, Condensed, and Word Indexing/Concordance) are also available to be purchased at any time through the Court Reporter. Notice of Intent to Redact due within 7 days of this date.** Redaction Request due 6/30/2017. Redacted Transcript Deadline set for 7/10/2017. Release of Transcript Restriction set for 9/7/2017. (dhs) |
| Filing 111 TRANSCRIPT for proceedings held on 5/30/2017 at 9:21 a.m. ****Transcript may be viewed at the court public terminal or purchased through Court Reporter DEBBIE HINO-SPAAN at: WEBSITE www.debbiehinospaan.com; E-mail, dhinospaan@yahoo.com before the deadline for Release of Transcript restriction. After that date, it may be obtained from the Court Reporter or through PACER. Additional formats of the transcript (ASCII, Condensed, and Word Indexing/Concordance) are also available to be purchased at any time through the Court Reporter. Notice of Intent to Redact due within 7 days of this date.** Redaction Request due 6/30/2017. Redacted Transcript Deadline set for 7/10/2017. Release of Transcript Restriction set for 9/7/2017. (dhs) |
| Filing 110 LIST OF EXHIBITS AND WITNESSES at trial. (dro) |
| Filing 109 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Plaintiff's/Defendants' exhibits list are returned to counsel for respective party(ies). (dro) |
| Filing 108 MINUTES OF Court Trial (3rd day )held before Magistrate Judge Jay C. Gandhi. Closing arguments made by plaintiff and defendant. Case submitted. (see document for details). Court Recorder: 06/08/2017. (dro) |
| Filing 107 MINUTES OF Court Trial (2nd day ) held before Magistrate Judge Jay C. Gandhi: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff rests. Defendant rests. Motion for Judgment/Directed Verdict by Defendants is submitted. Case continued to 6/8/2017 11:00 AM before Magistrate Judge Jay C. Gandhi for further trial/closing arguments. By stipulation, closing arguments shall be recorded via CourtSmart. Court Reporter waived. Court Reporter: Debbie Hino-Spaan (AM); Miriam Baird (PM). (kh) |
| Filing 106 MINUTES OF COURT TRIAL (1st Day) held before Magistrate Judge Jay C. Gandhi: Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Court Trial continued to 5/31/2017 09:00 AM before Magistrate Judge Jay C. Gandhi. Court Reporter: Debbie Hino-Spaan(AM); Miriam Baird (PM). (mba) |
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Filing 105
(IN CHAMBERS) MINUTE ORDER REGARDING PLAINTIFF'S AND DEFENDANT'S MOTIONS IN LIMINE by Magistrate Judge Jay C. Gandhi: Plaintiff's First Motion in Limine to exclude any reference to pleadings #73 , is DENIED. Plaintiff's Second Motion in Limine to limit testimony by Costco #74 , is DENIED. Plaintiff's Third Motion in Limine to exclude any reference to Defendant ever having accommodated another employee #75 , is GRANTED IN PART AND DENIED IN PART. Plaintiff's Fourth Motion in Limine to exclude any reference to Plaintiff's personal problems #76 , is GRANTED IN PART. Plaintiff's Fifth Motion in Limine to exclude any reference to Plaintiff's personal problems, including past childhood anxiety #77 , is GRANTED IN PART. Defendant's First Motion in Limine to preclude evidence #80 , is DENIED. Defendant's Second Motion in Limine to preclude evidence #81 , is DENIED. Defendant's Third Motion in Limine to preclude evidence #82 , is DENIED. Defendant's Fourth Motion in Limine to preclude evidence #83 , is DENIED. (kh)
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Filing 104
FINAL PRETRIAL CONFERENCE ORDER approved by Magistrate Judge Jay C. Gandhi. (kh)
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| Filing 103 OBJECTIONS to Notice of Lodging #91 Defendant's Objections to Plaintiff's Proposed Findings of Fact and Conclusions of Law filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 102 OPPOSITION Opposition re: MOTION IN LIMINE (#5) to Exclude any reference to plaintiff's personal problems including past childhood anxiety #77 Defendant's Opposition to Plaintiff's Motion in Limine No. 5 filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 101 OPPOSITION Opposition re: MOTION IN LIMINE (#4) to Exclude any reference to plaintiff's personal problems including past and present alcohol abuse #76 Defendant's Opposition to Plaintiff's Motion in Limine No. 4 filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 100 OPPOSITION Opposition re: MOTION IN LIMINE (#3) to Exclude any reference to Costco ever having accommodated another employee #75 Defendant's Opposition to Plaintiff's Motion in Limine No. 3 filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 99 OPPOSITION Opposition re: MOTION IN LIMINE (#2) to Limit testimony by Costco regarding whether Costco temporarily accommodated plaintiff from January 2012 to October 2014 #74 Defendant's Opposition to Plaintiff's Motion in Limine No. 2 filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 98 NOTICE OF NON-OPPOSITION to MOTION IN LIMINE (#5) to Exclude any reference to plaintiff's personal problems including past childhood anxiety #77 filed by Plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 97 OPPOSITION Opposition re: MOTION IN LIMINE (#1) to Exclude any reference to pleadings, including plaintiff's DFEH complaint and operative complaint #73 Defendant's Opposition to Plaintiff's Motion in Limine No. 1 filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 96 NOTICE OF NON-OPPOSITION to MOTION IN LIMINE (#4) to Exclude any reference to plaintiff's personal problems including past and present alcohol abuse #76 filed by Plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 95 NOTICE OF NON-OPPOSITION to MOTION IN LIMINE (#3) to Exclude any reference to Costco ever having accommodated another employee #75 filed by Plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 94 NOTICE OF NON-OPPOSITION to MOTION IN LIMINE (#2) to Limit testimony by Costco regarding whether Costco temporarily accommodated plaintiff from January 2012 to October 2014 #74 filed by Plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 93 NOTICE OF NON-OPPOSITION to MOTION IN LIMINE (#1) to Exclude any reference to pleadings, including plaintiff's DFEH complaint and operative complaint #73 filed by Plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 92 OBJECTIONS to Exhibit List #90 re EXHIBIT 42 (COSTCO'S CART STUDY) filed by Plaintiff Clint Matkovich. (Attachments: #1 Declaration)(Lovretovich, Joseph) |
| Filing 91 NOTICE OF LODGING filed re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Hearing,, #63 (Attachments: #1 Exhibit Proposed Findings of Fact and Conclusions of Law)(Lovretovich, Joseph) |
| Filing 90 JOINT Exhibit List filed by Defendant Costco Wholesale Corporation.. (Fitch, Lindsay) |
| Filing 89 NOTICE OF LODGING filed Defendant's Proposed Findings of Fact and Conclusions of Law re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Hearing,, #63 (Fitch, Lindsay) |
| Filing 88 OPPOSITION Opposition To Motion In Limine re: MOTION IN LIMINE (#4) to Preclude Evidence That Plaintiff Could Have Been Reasonably Accommodated by Being Allowed to Push Three or Fewer Carts #83 filed by Plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 87 OPPOSITION Opposition To Motion In Limine re: MOTION IN LIMINE (#3) to Preclude Evidence of Front Pay & Future Damages #82 filed by Plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 86 OPPOSITION Opposition To Motion In Limine re: MOTION IN LIMINE (#2) to Preclude Evidence Re: The Sufficiency of the January 13, 2014 Job Assessment Meeting #81 filed by Plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 85 OPPOSITION Opposition To Motion In Limine re: MOTION IN LIMINE to Preclude Evidence That Accommodating Plaintiff Would Not Have Been an Undue Hardship #80 filed by Plaintiff Clint Matkovich. (Lovretovich, Joseph) |
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Filing 84
ORDER ON STIPULATION RE: EVIDENCE RELATED TO PLAINTIFF'S RESTRICTIONS by Magistrate Judge Jay C. Gandhi, re Stipulation #71 . The Court, having considered the stipulation of the parties, hereby approves the stipulation in its entirety. (kh)
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| Filing 83 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Preclude Evidence That Plaintiff Could Have Been Reasonably Accommodated by Being Allowed to Push Three or Fewer Carts filed by Defendant Costco Wholesale Corporation. Motion set for hearing on 5/30/2017 at 09:00 AM before Magistrate Judge Jay C. Gandhi. (Attachments: #1 Exhibit A, #2 Exhibit B part 1, #3 Exhibit B part 2, #4 Exhibit C, #5 Exhibit D part 1, #6 Exhibit D part 2, #7 Exhibit E)(Fitch, Lindsay) |
| Filing 82 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Preclude Evidence of Front Pay & Future Damages filed by Defendant Costco Wholesale Corporation. Motion set for hearing on 5/30/2017 at 09:00 AM before Magistrate Judge Jay C. Gandhi.(Fitch, Lindsay) |
| Filing 81 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Evidence Re: The Sufficiency of the January 13, 2014 Job Assessment Meeting filed by Defendant Costco Wholesale Corporation. Motion set for hearing on 5/30/2017 at 09:00 AM before Magistrate Judge Jay C. Gandhi. (Attachments: #1 Exhibit A, #2 Exhibit B part 1, #3 Exhibit B part 2, #4 Exhibit C, #5 Exhibit D part 1, #6 Exhibit D part 2, #7 Exhibit E)(Fitch, Lindsay) |
| Filing 80 NOTICE OF MOTION AND MOTION IN LIMINE to Preclude Evidence That Accommodating Plaintiff Would Not Have Been an Undue Hardship filed by Defendant Costco Wholesale Corporation. Motion set for hearing on 5/30/2017 at 09:00 AM before Magistrate Judge Jay C. Gandhi. (Attachments: #1 Exhibit A, #2 Exhibit B part 1, #3 Exhibit B part 2, #4 Exhibit C, #5 Exhibit D part 1, #6 Exhibit D part 2, #7 Exhibit E, #8 Exhibit F)(Fitch, Lindsay) |
| Filing 79 Witness List filed by Defendant Costco Wholesale Corporation.. (Fitch, Lindsay) |
| Filing 78 Witness List filed by plaintiff Clint Matkovich.. (Lovretovich, Joseph) |
| Filing 77 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude any reference to plaintiff's personal problems including past childhood anxiety filed by plaintiff Clint Matkovich. Motion set for hearing on 5/30/2017 at 09:00 AM before Magistrate Judge Jay C. Gandhi.(Lovretovich, Joseph) |
| Filing 76 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude any reference to plaintiff's personal problems including past and present alcohol abuse filed by plaintiff Clint Matkovich. Motion set for hearing on 5/30/2017 at 09:00 AM before Magistrate Judge Jay C. Gandhi.(Lovretovich, Joseph) |
| Filing 75 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude any reference to Costco ever having accommodated another employee filed by plaintiff Clint Matkovich. Motion set for hearing on 5/30/2017 at 09:00 AM before Magistrate Judge Jay C. Gandhi.(Lovretovich, Joseph) |
| Filing 74 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Limit testimony by Costco regarding whether Costco temporarily accommodated plaintiff from January 2012 to October 2014 filed by plaintiff Clint Matkovich. Motion set for hearing on 5/30/2017 at 09:00 AM before Magistrate Judge Jay C. Gandhi.(Lovretovich, Joseph) |
| Filing 73 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude any reference to pleadings, including plaintiff's DFEH complaint and operative complaint filed by plaintiff Clint Matkovich. Motion set for hearing on 5/30/2017 at 09:00 AM before Magistrate Judge Jay C. Gandhi.(Lovretovich, Joseph) |
| Filing 72 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Clint Matkovich. (Attachments: #1 Proposed Order Final Pretrial Conference Order)(Lovretovich, Joseph) |
| Filing 71 Joint STIPULATION to Clarify Stipulation re Evidence Related to Plaintiff's Restrictions filed by Defendant Costco Wholesale Corporation. (Attachments: #1 Proposed Order)(Kwan, Sophia) |
| Filing 70 MINUTES OF STATUS CONFERENCE AND ORDER RE: TRIAL held before Magistrate Judge Jay C. Gandhi: Case called. Appearances announced. The Court discusses Bench Trial. Bench Trial is set for May 30, 2017 at 9:00 a.m. in Santa Ana. The Court shall adjudicate the motions in limine prior to the start of trial. The parties shall file amended motions in limine, amended witness lists, and an amended proposed pre-trial conference order on or before May 9, 2017. The parties shall file proposed findings of fact and conclusions of law on or before May 16, 2017. Court Recorder: CS 2/27/2017. (kh) |
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Filing 69
ORDER ON STIPULATION RE: PLAINTIFF'S ALLEGED EMOTIONAL DISTRESS by Magistrate Judge Jay C. Gandhi, re Stipulation for Order #68 . (kh)
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| Filing 68 STIPULATION for Order Approving Stipulation re Plaintiff's Alleged Emotional Distress filed by Defendant Costco Wholesale Corporation. (Attachments: #1 Proposed Order)(Kwan, Sophia) |
| Filing 67 STATUS REPORT Joint Status Conference Report filed by Defendant Costco Wholesale Corporation. (Kwan, Sophia) |
| Filing 66 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph M Lovretovich counsel for Plaintiff Clint Matkovich. Donald James Aaron Brock is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 65 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph M Lovretovich counsel for Plaintiff Clint Matkovich. Adding Jared W. Beilke as counsel of record for Clint Matkovich for the reason indicated in the G-123 Notice. Filed by plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 64 TEXT ONLY ENTRY RE TELEPHONIC BRIDGE by Magistrate Judge Jay C. Gandhi: The call-in information for the 3:00pm, February 27, 2017 Status Conference is as follows: Call-in Number: (213) 894-0800; Meeting ID: 1112#; User Password: 7354#. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY |
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Filing 63
(IN CHAMBERS) ORDER RE: STATUS CONFERENCE by Magistrate Judge Jay C. Gandhi:, On its own motion, and to effectively and efficiently proceed to trial in this action, the Court shall conduct a Status Conference with counsel. For the convenience of counsel, the Court is willing to conduct the conference via telephone, unless counsel may prefer an in-person conference instead. The Status Conference shall occur on February 27, 2017 at 3:00 p.m. Seven (7) days before the Status Conference, the parties should submit a brief joint status report regarding the status of the proceedings to date and the remaining matters to be submitted and adjudicated. (Attachments: #1 Civil Bench Trial Order) (kh)
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| Filing 62 Joint STIPULATION to Waive Jury Trial filed by Defendant Costco Wholesale Corporation.(Fitch, Lindsay) |
| Filing 61 CONSENT TO PROCEED before United States Magistrate Judge by all parties pursuant to GO 12-01 is approved by District Judge Fernando M. Olguin and Magistrate Judge Jay C. Gandhi. This case is hereby reassigned to Magistrate Judge Jay C. Gandhi for all further proceedings. Case number will now read 2:15-cv-02057 JCG. (rn) |
| Filing 60 NOTICE OF LODGING filed of Statement of Consent to Proceed Before a United States Magistrate Judge re Order, Set/Reset Hearing #59 (Attachments: #1 Exhibit A)(Fitch, Lindsay) |
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Filing 59
ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin. Jury Trial set for 12/6/2016 at 8:15 AM; Pretrial Conference set for 11/18/2016 at 10:00 AM before Judge Fernando M. Olguin. *See order for deadlines and requirements.* (vdr)
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Filing 58
ORDER RE: MOTION FOR SUMMARYJUDGMENT #23 by Judge Fernando M. Olguin: IT IS ORDERED THAT defendant's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment (Document No. 23) is granted with respect to plaintiff's retaliation claim (Fifth Cause of Action) and denied as to all other claims. (jloz)
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| Filing 57 TEXT ONLY ENTRY by chambers of Judge Fernando M. Olguin. On the court's own motion, the Pretrial Conference, Trial, and all other dates are vacated pending the court's ruling on defendant's Motion for Summary Judgment. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY |
| Filing 56 Disputed Jury Instructions filed by Defendant Costco Wholesale Corporation (Fitch, Lindsay) |
| Filing 55 PROPOSED JURY INSTRUCTIONS (Clean set) filed by Defendant Costco Wholesale Corporation.. (Fitch, Lindsay) |
| Filing 54 Proposed Voir Dire Questions filed by Defendant Costco Wholesale Corporation.. (Fitch, Lindsay) |
| Filing 53 PROPOSED JURY VERDICT filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 52 OBJECTIONS to Jury Verdict (Proposed) #46 filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 51 REPLY In Support Of MOTION IN LIMINE (#5) to Preclude Evidence That Plaintiff Could Have Been Reasonably Accommodated by Being Allowed to Push Three or Fewer Carts #32 filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 50 REPLY In Support Of MOTION IN LIMINE (#4) to Preclude Evidence of Front Pay & Future Damages #38 filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 49 REPLY In Support Of MOTION IN LIMINE (#3) to Preclude Evidence Re: The Sufficiency of the January 13, 2014 Job Assessment Meeting #31 filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 48 REPLY In Support of MOTION IN LIMINE (#2) to Preclude Evidence That Accommodating Plaintiff Would Not Have Been an Undue Hardship #30 filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 47 REPLY In Support of MOTION IN LIMINE (#1) to Preclude Evidence that Female Employees Who Held the Position of Front End Assistants Were not Asked or Required to Push/Retrieve Carts #29 filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 46 PROPOSED SPECIAL JURY VERDICT filed by PLAINTIFF Clint Matkovich. (Lovretovich, Joseph) |
| Filing 45 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Clint Matkovich. (Attachments: #1 Proposed Order Proposed Final Pretrial Conference Order)(Lovretovich, Joseph) |
| Filing 44 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment #23 , is taken off the 4/14/2016 calendar and placed under submission. No appearances are required on 4/14/2016. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 43 STATEMENT JOINT STATEMENT OF THE CASE filed by Plaintiff Clint Matkovich (Lovretovich, Joseph) |
| Filing 42 OBJECTION re: NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Plaintiff's Complaint NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to as to Plaintiff's Complaint #23 filed by Plaintiff Clint Matkovich. (Attachments: #1 Declaration)(Lovretovich, Joseph) |
| Filing 41 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Clint Matkovich. (Lovretovich, Joseph) |
| Filing 40 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Plaintiff's Complaint NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to as to Plaintiff's Complaint #23 (Attachments: #1 Index of Lodging of Deposition Transcripts)(Fitch, Lindsay) |
| Filing 39 Witness List filed by Plaintiff Clint Matkovich.. (Lovretovich, Joseph) |
| Filing 38 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Preclude Evidence of Front Pay & Future Damages filed by Defendant Costco Wholesale Corporation. Motion set for hearing on 4/22/2016 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit Exhibit to Motion in Limine No. 4)(Fitch, Lindsay) |
| Filing 37 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude ANY REFERENCE TO PLAINTIFF'S PERSONAL PROBLEMS INCLUDING PAST CHILDHOOD ANXIETY filed by Plaintiff Clint Matkovich. Motion set for hearing on 4/22/2016 at 10:00 AM before Judge Fernando M. Olguin.(Lovretovich, Joseph) |
| Filing 36 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude ANY REFERENCE TO PLAINTIFF'S PERSONAL PROBLEMS, INCLUDING PAST AND PRESENT ALCOHOL ABUSE filed by Plaintiff Clint Matkovich. Motion set for hearing on 4/22/2016 at 10:00 AM before Judge Fernando M. Olguin.(Lovretovich, Joseph) |
| Filing 35 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude ANY REFERENCE TO COSTCO EVER HAVING ACCOMMODATED ANOTHER EMPLOYEE filed by Plaintiff Clint Matkovich. Motion set for hearing on 4/22/2016 at 10:00 AM before Judge Fernando M. Olguin.(Lovretovich, Joseph) |
| Filing 34 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Limit TESTIMONY BY COSTCO REGARDING WHETHER COSTCO TEMPORARILY ACCOMMODATED PLAINTIFF FROM JANUARY 2012 TO OCTOBER 2014 filed by Plaintiff Clint Matkovich. Motion set for hearing on 4/22/2016 at 10:00 AM before Judge Fernando M. Olguin.(Lovretovich, Joseph) |
| Filing 33 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude ANY REFERENCE TO PLEADINGS, INCLUDING PLAINTIFF'S DFEH COMPLAINT AND OPERATIVE COMPLAINT filed by ff Clint Matkovich. Motion set for hearing on 4/22/2016 at 10:00 AM before Judge Fernando M. Olguin.(Lovretovich, Joseph) |
| Filing 32 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Preclude Evidence That Plaintiff Could Have Been Reasonably Accommodated by Being Allowed to Push Three or Fewer Carts filed by Defendant Costco Wholesale Corporation. Motion set for hearing on 4/22/2016 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit Exhibits to Motion in Limine No. 5)(Fitch, Lindsay) |
| Filing 31 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Preclude Evidence Re: The Sufficiency of the January 13, 2014 Job Assessment Meeting filed by Defendant Costco Wholesale Corporation. Motion set for hearing on 4/22/2016 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit Exhibits to Motion in Limine No. 3)(Fitch, Lindsay) |
| Filing 30 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Evidence That Accommodating Plaintiff Would Not Have Been an Undue Hardship filed by Defendant Costco Wholesale Corporation. Motion set for hearing on 4/22/2016 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit Exhibits to Motion in Limine No. 2)(Fitch, Lindsay) |
| Filing 29 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Preclude Evidence that Female Employees Who Held the Position of Front End Assistants Were not Asked or Required to Push/Retrieve Carts filed by Defendant Costco Wholesale Corporation. Motion set for hearing on 4/22/2016 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit Exhibits to Motion in Limine No. 1)(Fitch, Lindsay) |
| Filing 28 Witness List filed by Defendant Costco Wholesale Corporation.. (Fitch, Lindsay) |
| Filing 27 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Costco Wholesale Corporation. (Fitch, Lindsay) |
| Filing 26 Joint PRETRIAL STIPULATION regarding Exhibits . (Fitch, Lindsay) |
| Filing 25 REPLY In Support Of NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Plaintiff's Complaint NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to as to Plaintiff's Complaint #23 filed by Defendant Costco Wholesale Corporation. (Attachments: #1 Supplement Supplemental Appendix of Evidence ISO Motion for Summary Judgment, #2 Declaration Declaration of Jonathan Wellnitz ISO Motion for Summary Judgment)(Fitch, Lindsay) |
| Filing 24 JOINT APPENDIX OF EVIDENCE RE MOTION FOR SUMMARY JUDGMENT re NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Plaintiff's Complaint NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to as to Plaintiff's Complaint #23 filed by Defendant Costco Wholesale Corporation. (Attachments: #1 Appendix Part 1, #2 Appendix Part 2, #3 Appendix Part 3, #4 Appendix Part 4, #5 Appendix Part 5, #6 Appendix Part 6, #7 Appendix Part 7)(Fitch, Lindsay) |
| Filing 23 NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Plaintiff's Complaint , NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to as to Plaintiff's Complaint filed by Defendant Costco Wholesale Corporation. Motion set for hearing on 4/14/2016 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Joint Memorandum of Points and Authorities, #2 Statement of Uncontroverted Facts, #3 Proposed Order re Derfendant's Objections to Plaintiff's Evidence In Opposition to MSJ, #4 Notice of Lodging, #5 Proposed Order Granting Defendant's MSJ, #6 Proposed Judgment re Defendant's MSJ) (Fitch, Lindsay) |
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Filing 22
ORDER GRANTING STIPULATED REQUEST #20 by Judge Fernando M. Olguin. The parties have up to 2/29/2016 to file a motion for summary judgment/partial summary judgment. (vdr)
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| Filing 21 DECLARATION of Sophia S. Kwan re Stipulation to Continue, #20 Last Day to File Joint Motion for Summary Judgment/Partial Motion for Summary Judgment filed by Defendant Costco Wholesale Corporation. (Kwan, Sophia) |
| Filing 20 STIPULATION to Continue Last Day to File Joint Motion for Summary Judgment/Partial Motion for Summary Judgment from February 8, 2016 to February 29, 2016 filed by defendant Costco Wholesale Corporation. (Attachments: #1 Proposed Order)(Kwan, Sophia) |
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Filing 19
ORDER GRANTING SUPPLEMENTAL STIPULATED REQUEST #18 by Judge Fernando M. Olguin. The deadline to complete expert discovery is continued to 2/26/2016. (vdr)
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| Filing 18 Supplemental STIPULATION to Extend Discovery Cut-Off Date to December 14, 2015 filed by defendant Costco Wholesale Corporation. (Attachments: #1 Proposed Order)(Kwan, Sophia) |
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Filing 17
ORDER GRANTING STIPULATED REQUEST #16 by Judge Fernando M. Olguin. *See order for continued deadlines.* (vdr)
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| Filing 16 Joint STIPULATION to Extend Discovery Cut-Off Date to December 14, 2015 filed by defendant Costco Wholesale Corporation. (Attachments: #1 Proposed Order)(Grajski, Mark) |
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Filing 15
ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (vdr)
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Filing 14
SCHEDULING AND CASE MANAGEMENT ORDER RE: JURY TRIAL by Judge Fernando M. Olguin. The court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Jury Trial is set for 5/10/2016 at 8:30 AM; Final Pretrial Conference and Motions in Limine are set for 4/22/2016 at 10:00 AM before Judge Fernando M. Olguin. *See order for deadlines and requirements.* (vdr)
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| Filing 13 STATUS REPORT Joint Rule 26(f) Report filed by Defendant Costco Wholesale Corporation. (Kwan, Sophia) |
| Filing 12 REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Defendant Costco Wholesale Corporation(Kwan, Sophia) |
| Filing 11 DEMAND for Jury Trial filed by plaintiff Clint Matkovich.. (Lovretovich, Joseph) |
| Filing 10 NOTICE of Interested Parties filed by Plaintiff Clint Matkovich, identifying COSTCO WHOLESALE CORPORATION, a Washington Corporation. (Lovretovich, Joseph) |
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 5/7/2015 at 10:00 AM before Judge Fernando M. Olguin; Rule 26 Meeting Report due by 4/23/2015. (vdr)
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| Filing 8 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. All pleadings filed in this matter should contain the case number and the assigned judges' initials to ensure proper routing of documents. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. Judge Olguin is a participant of the Central District of California's pilot project for submission and e-filing of under seal documents. Please refer to the judges' procedures and schedules page on the court's website for detailed instructions for submission of sealed documents.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 7 NOTICE Notice of Compliance with 28 U.S.C. Section 1446(d) filed by Defendant Costco Wholesale Corporation. (Kwan, Sophia) |
| Filing 6 PROOF OF SERVICE filed by Defendant Costco Wholesale Corporation, re Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71) #2 , Corporate Disclosure Statement #4 , Notice of Removal (Attorney Civil Case Opening), #1 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 Judge Olguin's Initial Standing Order served on March 20, 2015. (Kwan, Sophia) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Charles F. Eick. (esa) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant Costco Wholesale Corporation (Kwan, Sophia) |
| Filing 3 CERTIFICATION and NOTICE of Interested Parties filed by Defendant Costco Wholesale Corporation, (Kwan, Sophia) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Costco Wholesale Corporation. (Kwan, Sophia) |
| Filing 1 NOTICE OF REMOVAL from Superior Court, County of Ventura, case number 56-2015-00462973 Receipt No: 0973-15402925 - Fee: $400, filed by Defendant Costco Wholesale Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Attorney Sophia S Kwan added to party Costco Wholesale Corporation(pty:dft))(Kwan, Sophia) |
| CONFORMED COPY OF ANSWER to Complaint filed by defendant Costco Wholesale Corporation.(esa) |
| CONFORMED COPY OF COMPLAINT, Superior Court of California, Ventura County Case 56-2015-00462973 CU-WT-VTA against defendants Costco Wholesale Corporation, Does 1 -50, inclusive, Jury Demand, filed by plaintiff Clint Matkovich. (esa) |
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