Joseph C. McNicholas v. Loyola Marymount University
| Joseph C. McNicholas |
| Loyola Marymount University |
| Steven M Schneider |
| 2:2017cv00386 |
| January 18, 2017 |
| US District Court for the Central District of California |
| Charles F Eick |
| Terry J Hatter |
| Labor: Family and Medical Leave Act |
| 29 U.S.C. § 2601 Family and Medical Leave Act |
| Plaintiff |
Docket Report
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| Filing 174 BILL OF COSTS. Costs Taxed in amount of $ 26,499.82 in favor of Loyola Marymount University and against Joseph C. McNicholas (lmh) |
| Filing 173 BILL OF COSTS. Costs taxed in the amount of $26,499.82 in favor of Defendant Loyola Marymount University and against Plaintiff Joseph C. McNicholas. RE: APPLICATION to the Clerk to Tax Costs against Plaintiff Joseph C. McNicholas. #172 (vmun) |
| Filing 172 APPLICATION to the Clerk to Tax Costs against Plaintiff Joseph C. McNicholas filed by Defendant Loyola Marymount University. (Sugden, David) |
| Filing 171 JUDGMENT ON THE VERDICT FOR DEFENDANT by Clerk of Court. This action having been tried before the Court sitting with a jury, the Honorable TERRY J. HATTER, JR., District Judge, presiding; the issues having been duly tried and the jury having duly rendered its verdict. IT IS ORDERED AND ADJUDGED that the plaintiff(s) JOSEPH C. MCNICHOLAS take nothing; and that the defendant(s) LOYOLA MARYMOUNT UNIVERSITY (Based on the verdict filed November 2, 2018), said action be dismissed on the merits. Related to: Jury Verdict #163 (MD JS-6, Case Terminated). (shb) |
| Filing 170 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/30/18 - 10:09 a.m.; 10/31/18 - 1:36 p.m.; 11/01/18 - 9:05 a.m.; 11/02/18 - 9:11 a.m. re Transcript #169 , #166 , #167 , #168 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY |
| Filing 169 TRANSCRIPT for proceedings held on 11/02/18 - 9:11 a.m. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, #5920, phone number 213-894-2979; csrlisag@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 11/30/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/7/2019. (Gonzalez, Lisa) |
| Filing 168 TRANSCRIPT for proceedings held on 11/01/18 - 9:05 a.m. (a.m. session only) Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, #5920, phone number 213-894-2979; csrlisag@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 11/30/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/7/2019. (Gonzalez, Lisa) |
| Filing 167 TRANSCRIPT for proceedings held on 10/31/18 - 1:36 p.m. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, #5920, phone number 213-894-2979; CSRLISAG@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 11/30/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/7/2019. (Gonzalez, Lisa) |
| Filing 166 TRANSCRIPT for proceedings held on 10/30/18 - 10:09 a.m. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, phone number 213-894-2979; CSRLISAG@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 11/30/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/7/2019. (Gonzalez, Lisa) |
| Filing 165 JURY INSTRUCTIONS (Given) by Judge Terry J. Hatter, Jr. (shb) |
| Filing 164 SEALED UNREDACTED JURY VERDICT re: REDACTED Jury Verdict #163 (shb) |
| Filing 163 REDACTED JURY VERDICT (shb) |
| Filing 162 LIST OF EXHIBITS AND WITNESSES at trial. (shb) |
| Filing 161 SEALED UNREDACTED Jury Note #3 filed RE REDACTED Jury Notes #3 #160 (shb) |
| Filing 160 REDACTED Jury Notes #3 filed. (shb) |
| Filing 159 SEALED UNREDACTED JURY NOTE No. 2 filed re: REDACTED Jury Note Mo. 2 #158 (shb) |
| Filing 158 REDACTED JURY NOTE # 2 filed. (shb) |
| Filing 157 SEALED UNREDACTED Jury Note No. 1 re: REDACTED Jury Notes, No. 1, #156 (shb) |
| Filing 156 REDACTED Jury Notes # 1 filed. (shb) |
| Filing 155 AMENDED Joint Exhibit List (shb) |
| Filing 154 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 JOINT exhibits list are returned to counsel for respective party(ies). (shb) |
| Filing 153 Plaintiffs First Amended Witness List (shb) |
| Filing 152 Amended Witness List of Loyola Marymount University (shb) |
| Filing 151 MINUTES OF Jury Trial - 4th Day held and completed before Judge Terry J. Hatter, Jr: Closing arguments made by plaintiff and defendant. Court instructs jury. Verdict reached. Jury FINDS: in favor of Defendant is read and filed.. Jury polled. Filed Witness and Exhibit Lists. Filed Jury Notes. Clerk reviewed admitted exhibits wit counsel to be submitted to the Jury for deliberation findings. Counsel stipulate to the return of exhibits upon the conclusion of trial. Exhibit Release Form prepared and filed. All jurors present. Court thanks and excuses the jurors. Court Reporter: Lisa Gonzalez. (shb) |
| Filing 149 NOTICE OF FILING TRANSCRIPT filed for proceedings November 1, 2018 re Transcript #148 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Diaz, Amy) TEXT ONLY ENTRY |
| Filing 148 PARTIAL TRANSCRIPT for proceedings held on November 1, 2018. Court Reporter/Electronic Court Recorder: Amy Diaz, phone number amyfcrr@gmail.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 11/23/2018. Redacted Transcript Deadline set for 12/3/2018. Release of Transcript Restriction set for 1/31/2019. (Diaz, Amy) |
| Filing 150 MINUTES OF Jury Trial - 3rd Day held before Judge Terry J. Hatter, Jr: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff rest. Defendants rest. Jury Trial continued to November 2, 2018 at 9:00 AM before Judge Terry J. Hatter Jr. All jurors present. Defendant motion for judgment as a matter of law re damages is denied. Court Reporter: Lisa Gonzalez. (shb) |
| Filing 147 NOTICE OF COURT ORDER to U.S. Marshal Re: Bailiff/Matron's presence for Jury Deliberation. On NOVEMBER 1, 2018, Judge Terry J. Hatter, Jr., Courtroom # 9B, 350 W. 1ST STREET, ORDERED that a bailiff or matron be present to provide security for the jury during its deliberation in the above-entitled case. Said bailiff or matron shall be present in the courtroom to take charge of the jury on NOVEMBER 2, 2018 at 11:30 a.m. This order shall remain in effect until the jury is discharged and/or the bailiff or matron is excused by the court. (shb) |
| Filing 146 PROPOSED JURY INSTRUCTIONS (Supplemental No. 27 set) filed by Defendant Loyola Marymount University.. (Sugden, David) |
| Filing 144 NOTICE OF FILING TRANSCRIPT filed for proceedings October 31, 2018 re Transcript #143 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Diaz, Amy) TEXT ONLY ENTRY |
| Filing 143 PARTIAL TRANSCRIPT for proceedings held on October 31, 2018. Court Reporter/Electronic Court Recorder: Amy Diaz, phone number amyfcrr@gmail.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 11/23/2018. Redacted Transcript Deadline set for 12/3/2018. Release of Transcript Restriction set for 1/30/2019. (Diaz, Amy) |
| Filing 145 MINUTES OF Jury Trial - 2nd Day held before Judge Terry J. Hatter, Jr: Witnesses called, sworn and testified. Exhibits identified and admitted. All jurors present. Jury Trial continued to 11/1/2018 at 9:00 A.M. Court Reporter: Lisa Gonzalez and Amy Diaz. (shb) |
| Filing 141 NOTICE OF FILING TRANSCRIPT filed for proceedings October 30, 2018 re Transcript #140 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Diaz, Amy) TEXT ONLY ENTRY |
| Filing 140 PARTIAL TRANSCRIPT for proceedings held on October 30, 2018. Court Reporter/Electronic Court Recorder: Amy Diaz, phone number amyfcrr@gmail.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 11/21/2018. Redacted Transcript Deadline set for 12/3/2018. Release of Transcript Restriction set for 1/29/2019. (Diaz, Amy) |
| Filing 142 MINUTES OF Jury Trial - 1st Day held before Judge Terry J. Hatter, Jr: Jury impaneled and sworn. Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 10/31/2018 at 9:00 AM before Judge Terry J. Hatter Jr. Court Reporter: Lisa Gonzalez and Amy Diaz. (shb) |
| Filing 139 STATEMENT of the Case filed by Defendant Loyola Marymount University (Attachments: #1 Exhibit A - Joint Statement of Case)(Sugden, David) |
| Filing 138 PROPOSED Special JURY VERDICT filed by Defendant Loyola Marymount University. (Attachments: #1 Exhibit Special Verdict Form)(Sugden, David) |
| Filing 137 OBJECTIONS to Exhibit List #135 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 136 OBJECTIONS to Exhibit List #135 filed by Defendant Loyola Marymount University. (Sugden, David) |
| Filing 135 AMENDED Exhibit List filed by Defendant Loyola Marymount University.. (Sugden, David) |
Filing 134
ORDER by Judge Terry J. Hatter, Jr: Granting #115 Request to Substitute Attorney David R Sugden and Marlynn Howe for Defendant Loyola Marymount University in place and instead of Attorney Steven David Weinstein; Geoffrey C Brethen and Adam L Johnson terminated (shb)
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| Filing 133 MEMORANDUM of Points and Authorities in Support of Defendant's Separate Jury Instructions Re: Jury Instructions (Proposed) #132 (Sugden, David) |
| Filing 132 PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Defendant Loyola Marymount University.. (Sugden, David) |
| Filing 131 MEMORANDUM of Points and Authorities in Opposition filed by Defendant Loyola Marymount University. to Plaintiff Joseph McNicholas' Jury Instructions Re: Jury Instructions (Proposed) #126 (Sugden, David) |
| Filing 130 PROPOSED Special JURY VERDICT filed by Defendant Loyola Marymount University. (Sugden, David) |
| Filing 129 PROPOSED JURY INSTRUCTIONS (Annotated (JOINT) set) filed by PLAINTIFF Joseph C. McNicholas.. (Rosen, Howard) |
| Filing 128 PROPOSED SPECIAL JURY VERDICT filed by PLAINTIFF Joseph C. McNicholas. (Rosen, Howard) |
| Filing 127 Witness List filed by PLAINTIFF (FIRST AMENDED) Joseph C. McNicholas.. (Rosen, Howard) |
| Filing 126 PROPOSED JURY INSTRUCTIONS (Annotated set) filed by PLAINTIFF Joseph C. McNicholas.. (Rosen, Howard) |
| Filing 125 MEMORANDUM of Points and Authorities in Support filed by PLAINTIFF Joseph C. McNicholas. OF HIS SEPARATE JURY INSTRUCTIONS (Rosen, Howard) |
| Filing 124 OBJECTIONS TO DEFENDANT'S SEPARATE JURY INSTRUCTIONS filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 123 MEMORANDUM of Points and Authorities in Opposition filed by PLAINTIFF Joseph C. McNicholas. to DEFENDANT LOYOLA MARYMOUNT UNIVERSITY'S SEPARATE JURY INSTRUCTIONS (Rosen, Howard) |
| Filing 122 OBJECTIONS to Plaintiff Joseph McNicholas' Jury Instructions filed by Defendant Loyola Marymount University. (Sugden, David) |
| Filing 121 Witness List filed by Defendant Loyola Marymount University.. (Sugden, David) |
| Filing 120 Proposed Voir Dire Questions filed by Defendant Loyola Marymount University.. (Sugden, David) |
| Filing 119 TRIAL BRIEF filed by Defendant Loyola Marymount University.. (Sugden, David) |
| Filing 118 NOTICE OF LODGING AND REQUEST TO LODGE DEPOSITION TRANSCRIPTS filed by PLAINTIFF Joseph C. McNicholas. (Rosen, Howard) |
| Filing 117 NOTICE Notice of Lodging and Request to Lodge Deposition Transcripts filed by Defendant Loyola Marymount University. (Sugden, David) |
| Filing 116 TRIAL BRIEF filed by PLAINTIFF Joseph C. McNicholas.. (Rosen, Howard) |
| Filing 115 REQUEST TO SUBSTITUTE ATTORNEY David R. Sugden and Marlynn Howe in place of attorney Adam L. Johnson, Steven D. Weinstein, and Geoffrey C. Brethen filed by DEFENDANT Loyola Marymount University. (Attachments: #1 Proposed Order) (Johnson, Adam) |
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Filing 114
ORDER by Judge Terry J. Hatter, Jr. It is Ordered that the Defendant's requests #113 be, and hereby are, Denied. If necessary, the Court will assist the parties to streamline their cases during trial. (lom)
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| Filing 113 OBJECTIONS To 8-Hour Time Limit At Trial, Request To Restore 12-Hour Time Limit, And Request That Time Limits Be Applied Flexibly filed by Defendant Loyola Marymount University. (Sugden, David) |
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Filing 112
ORDER by Judge Terry J. Hatter, Jr: It is further Ordered that McNicholass motion in limine to exclude evidence of his fitness to resume his position upon return from leave [dkt 60] be, and hereby is, Denied. It is further Ordered that McNicholass motion in limine to exclude evidence of his medical condition [dkt 63] be, and hereby is, Denied. It is further Ordered that Plaintiffs motion in limine to exclude the testimony of Diane Gehart [dkt 65] be, and hereby is, Denied as vague and ambiguous. It is further Ordered that each party shall have up to eight hours at trial, to be allocated between the two phases however each party sees fit. The time clock will start at opening statements and go through the end of closing arguments. (shb)
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| Filing 111 MINUTES OF Settlement Conference held before Magistrate Judge Charles F. Eick. Case called. Counsel make their appearances. The Court hears discussion. Parties retire to chambers to proceed with the settlement conference. Settlement is not reached. Court Recorder: Courtsmart. (sp) |
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Filing 110
ORDER by Judge Terry J. Hatter, Jr. It is Ordered that McNicholass motion for partial summary judgment on LMUs after-acquired evidence defense be, and hereby is, Granted. (shb)
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| Filing 109 Notice of Appearance or Withdrawal of Counsel: for attorney Marlynn P Howe counsel for Defendant Loyola Marymount University. Adding Marlynn P. Howe as counsel of record for Loyola Marymount University for the reason indicated in the G-123 Notice. Filed by Defendant Loyola Marymount University. (Attorney Marlynn P Howe added to party Loyola Marymount University(pty:dft))(Howe, Marlynn) |
| Filing 108 Notice of Appearance or Withdrawal of Counsel: for attorney David Richard Sugden counsel for Defendant Loyola Marymount University. Adding David R. Sugden as counsel of record for Loyola Marymount University for the reason indicated in the G-123 Notice. Filed by Defendant Loyola Marymount University. (Attorney David Richard Sugden added to party Loyola Marymount University(pty:dft))(Sugden, David) |
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Filing 107
SETTLEMENT CONFERENCE ORDER by Magistrate Judge Charles F. Eick: Settlement Conference hearing set for 10/1/2018 at 01:30 PM before Magistrate Judge Charles F. Eick. (see attached) A settlement conference statement of each party must be emailed directly to the chambers of the settlement judge (e_chambers@cacd.uscourts.gov), no later than 5:00 p.m. on September 24, 2018. (jm)
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| Filing 106 NOTICE of Change of Attorney Business or Contact Information: for attorney Brianna M Primozic counsel for Plaintiff Joseph C. McNicholas. Changing FIRM NAME to ROSEN MARSILI RAPP LLP. Filed by PLAINTIFF JOSEPH C. McNICHOLAS. (Primozic, Brianna) |
| Filing 105 NOTICE of Change of Attorney Business or Contact Information: for attorney Jason Christopher Marsili counsel for Plaintiff Joseph C. McNicholas. Changing FIRM NAME to ROSEN MARSILI RAPP LLP. Filed by PLAINTIFF JOSEPH C. McNICHOLAS. (Marsili, Jason) |
| Filing 104 NOTICE of Change of Attorney Business or Contact Information: for attorney Howard Z Rosen counsel for Plaintiff Joseph C. McNicholas. Changing FIRM NAME to ROSEN MARSILI RAPP LLP. Filed by PLAINTIFF JOSEPH C. McNICHOLAS. (Rosen, Howard) |
| Filing 103 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to DEFENDANTS TENTH AFFIRMATIVE DEFENSE AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #53 [FIRST SUPPLEMENTAL REPLY] filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 102 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to DEFENDANTS TENTH AFFIRMATIVE DEFENSE AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #53 [FIRST SUPPLEMENTAL] filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 101 SUPPLEMENTAL OPPOSITION PER 6/21/18 ORDER re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to DEFENDANTS TENTH AFFIRMATIVE DEFENSE AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #53 filed by Defendant Loyola Marymount University. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Johnson, Adam) |
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Filing 100
ORDER #51 #53 by Judge Terry J. Hatter, Jr. It is Ordered that LMUs motion for summary judgment on McNicholas's claims be, and hereby is, Denied. It is further Ordered that LMU's motion for partial summary judgment on its affirmative defenses of "legitimate business interests" and "same decision" be, and hereby is, Denied. It is further Ordered that LMU has thirty days from the date of this order to complete any related discovery and file a supplemental opposition, if any, to McNicholas's motion for partial summary judgment as to LMU's affirmative defense of "after-acquired evidence." McNicholas has fourteen days from the filing of LMU'sopposition, if any, to file his supplemental reply, if any. (lom)
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Filing 99
MINUTE IN CHAMBERS - NOTICE TO ALL PARTIES OF COURT ORDER by Judge Terry J. Hatter, Jr. On the Courts own motion, the Jury Trial, currently scheduled for July 10, 2018, is hereby ordered continued to October 30, 2018 at 10:00 a.m. (shb)
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| Filing 98 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF MOTION IN LIMINE to Exclude THE TESTIMONY OF DEFENDANTS EXPERT, JOHN C. MEYERS AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #58 (REPLY) filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 97 REPLY IN SUPPORT OF MOTION IN LIMINE to Exclude THE TESTIMONY OF DEFENDANTS EXPERT, JOHN C. MEYERS AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #58 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 96 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S APPROVAL OF INACCURACIES IN THE TIME RECORDS OF EMMA PASTRANA AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #56 (REPLY) filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 95 REPLY IN SUPPORT OF MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S APPROVAL OF INACCURACIES IN THE TIME RECORDS OF EMMA PASTRANA AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #56 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 94 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S MENTAL CONDITION #63 (REPLY) filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 93 REPLY IN SUPPORT OF MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S MENTAL CONDITION #63 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 92 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S FITNESS TO RESUME HIS POSITION UPON HIS RETURN FROM HIS LMU-APPROVED FMLA LEAVE OF ABSENCE #60 (REPLY) filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 91 REPLY IN SUPPORT OF MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S FITNESS TO RESUME HIS POSITION UPON HIS RETURN FROM HIS LMU-APPROVED FMLA LEAVE OF ABSENCE #60 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 90 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION for Summary Judgment and/or Partial Summary Judgment #51 filed by Defendant Loyola Marymount University. (Attachments: #1 LMU's Reply to Plaintiff's Statement of Genuine Issues, #2 LMU's Evidentiary Objections to Plaintiff's Evidence)(Johnson, Adam) |
| Filing 89 DECLARATION of AMANDA PITROF IN SUPPORT OF MOTION IN LIMINE to Exclude THE TESTIMONY OF DIANE GEHART, PLAINTIFF'S EX-WIFE, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #65 (REPLY) filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 88 REPLY IN SUPPORT OF MOTION IN LIMINE to Exclude THE TESTIMONY OF DIANE GEHART, PLAINTIFF'S EX-WIFE, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #65 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 87 STATEMENT of UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to DEFENDANTS TENTH AFFIRMATIVE DEFENSE AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #53 (REPLY) filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 86 PLAINTIFF'S OBJECTIONS TO EVIDENCE SUBMITTED IN SUPPORT OF DEFENDANT'S OPPOSITION TO re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to DEFENDANTS TENTH AFFIRMATIVE DEFENSE AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #53 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 85 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to DEFENDANTS TENTH AFFIRMATIVE DEFENSE AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #53 (REPLY) filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 84 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to DEFENDANTS TENTH AFFIRMATIVE DEFENSE AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #53 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 83 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF OPPOSITION TO REQUEST FOR JUDICIAL NOTICE; NOTICE OF MOTION AND MOTION for Summary Judgment and/or Partial Summary Judgment #51 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 82 PLAINTIFF'S OPPOSITION TO DEFENDANT'S REQUEST FOR JUDICIAL NOTICE re: NOTICE OF MOTION AND MOTION for Summary Judgment and/or Partial Summary Judgment #51 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 81 DECLARATION of EMMA PASTRANA IN OPPOSITION TO NOTICE OF MOTION AND MOTION for Summary Judgment and/or Partial Summary Judgment #51 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 80 DECLARATION of JOSEPH C. McNICHOLAS IN OPPOSITION TO NOTICE OF MOTION AND MOTION for Summary Judgment and/or Partial Summary Judgment #51 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 79 DECLARATION of HOWARD Z. ROSEN IN OPPOSITION TO NOTICE OF MOTION AND MOTION for Summary Judgment and/or Partial Summary Judgment #51 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 78 OBJECTIONS TO EVIDENCE SUBMITTED IN SUPPORT OF re: NOTICE OF MOTION AND MOTION for Summary Judgment and/or Partial Summary Judgment #51 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 77 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment and/or Partial Summary Judgment #51 (AMENDED) filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 76 STATEMENT of OF GENUINE ISSUE IN OPPOSITION TO NOTICE OF MOTION AND MOTION for Summary Judgment and/or Partial Summary Judgment #51 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 75 OBJECTIONS TO EVIDENCE SUBMITTED IN SUPPORT OF re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to DEFENDANTS TENTH AFFIRMATIVE DEFENSE AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #53 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 74 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment and/or Partial Summary Judgment #51 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 73 OPPOSITION TO re: MOTION IN LIMINE to Exclude THE TESTIMONY OF DIANE GEHART, PLAINTIFF'S EX-WIFE, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #65 filed by Defendant Loyola Marymount University. (Johnson, Adam) |
| Filing 72 OPPOSITION TO re: MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S MENTAL CONDITION #63 filed by Defendant Loyola Marymount University. (Johnson, Adam) |
| Filing 71 OPPOSITION TO re: MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S FITNESS TO RESUME HIS POSITION UPON HIS RETURN FROM HIS LMU-APPROVED FMLA LEAVE OF ABSENCE #60 filed by Defendant Loyola Marymount University. (Johnson, Adam) |
| Filing 70 OPPOSITION TO re: MOTION IN LIMINE to Exclude THE TESTIMONY OF DEFENDANTS EXPERT, JOHN C. MEYERS AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #58 filed by Defendant Loyola Marymount University. (Johnson, Adam) |
| Filing 69 OPPOSITION TO re: MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S APPROVAL OF INACCURACIES IN THE TIME RECORDS OF EMMA PASTRANA AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #56 filed by Defendant Loyola Marymount University. (Johnson, Adam) |
| Filing 68 OPPOSITION TO PLAINTIFF'S re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to DEFENDANTS TENTH AFFIRMATIVE DEFENSE AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #53 filed by Defendant Loyola Marymount University. (Attachments: #1 Declaration of Rebecca Chandler, #2 Statement of Genuine Issues, #3 Evidentiary Objections to Plaintiff's Evidence)(Johnson, Adam) |
| Filing 67 DECLARATION of JOSEPH C. McNICHOLAS IN SUPPORT OF MOTION IN LIMINE to Exclude THE TESTIMONY OF DIANE GEHART, PLAINTIFF'S EX-WIFE, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #65 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 66 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF MOTION IN LIMINE to Exclude THE TESTIMONY OF DIANE GEHART, PLAINTIFF'S EX-WIFE, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #65 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 65 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude THE TESTIMONY OF DIANE GEHART, PLAINTIFF'S EX-WIFE, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by PLAINTIFF Joseph C. McNicholas.(Rosen, Howard) |
| Filing 64 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S MENTAL CONDITION #63 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 63 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S MENTAL CONDITION filed by PLAINTIFF Joseph C. McNicholas.(Rosen, Howard) |
| Filing 62 DECLARATION of JOSEPH C. McNICHOLAS IN SUPPORT OF MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S FITNESS TO RESUME HIS POSITION UPON HIS RETURN FROM HIS LMU-APPROVED FMLA LEAVE OF ABSENCE #60 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 61 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S FITNESS TO RESUME HIS POSITION UPON HIS RETURN FROM HIS LMU-APPROVED FMLA LEAVE OF ABSENCE #60 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 60 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S FITNESS TO RESUME HIS POSITION UPON HIS RETURN FROM HIS LMU-APPROVED FMLA LEAVE OF ABSENCE filed by PLAINTIFF Joseph C. McNicholas.(Rosen, Howard) |
| Filing 59 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF MOTION IN LIMINE to Exclude THE TESTIMONY OF DEFENDANTS EXPERT, JOHN C. MEYERS AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #58 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 58 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude THE TESTIMONY OF DEFENDANTS EXPERT, JOHN C. MEYERS AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by PLAINTIFF Joseph C. McNicholas.(Rosen, Howard) |
| Filing 57 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S APPROVAL OF INACCURACIES IN THE TIME RECORDS OF EMMA PASTRANA AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #56 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 56 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude EVIDENCE OF PLAINTIFF'S APPROVAL OF INACCURACIES IN THE TIME RECORDS OF EMMA PASTRANA AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by PLAINTIFF Joseph C. McNicholas.(Rosen, Howard) |
| Filing 55 STATEMENT of UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to DEFENDANTS TENTH AFFIRMATIVE DEFENSE AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #53 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 54 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to DEFENDANTS TENTH AFFIRMATIVE DEFENSE AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #53 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 53 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to DEFENDANTS TENTH AFFIRMATIVE DEFENSE AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by PLAINTIFF Joseph C. McNicholas. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO DEFENDANTS TENTH AFFIRMATIVE DEFENSE) (Rosen, Howard) |
| Filing 52 NOTICE OF ERRATA filed by Defendant Loyola Marymount University. correcting NOTICE OF MOTION AND MOTION for Summary Judgment and/or Partial Summary Judgment #51 (Attachments: #1 Exhibit A)(Johnson, Adam) |
| Filing 51 NOTICE OF MOTION AND MOTION for Summary Judgment and/or Partial Summary Judgment filed by DEFENDANT Loyola Marymount University. Motion set for hearing on 5/21/2018 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Supplement Separate Statement of Uncontroverted Facts and Conclusions of Law, #2 Declaration of Adam L. Johnson, #3 Exhibit A to Johnson Declaration, #4 Exhibit B to Johnson Declaration, #5 Exhibit C to Johnson Declaration, #6 Exhibit D to Johnson Declaration, #7 Exhibit E to Johnson Declaration, #8 Exhibit F to Johnson Declaration, #9 Exhibit G to Johnson Declaration, #10 Declaration of Rebecca Chandler, #11 Exhibit A to Chandler Declaration, #12 Exhibit B to Chandler Declaration, #13 Exhibit C to Chandler Declaration, #14 Exhibit D to Chandler Declaration, #15 Exhibit E to Chandler Declaration, #16 Exhibit F to Chandler Declaration, #17 Exhibit G to Chandler Declaration, #18 Exhibit H to Chandler Declaration, #19 Exhibit I to Chandler Declaration, #20 Exhibit J to Chandler Declaration, #21 Exhibit K to Chandler Declaration, #22 Declaration of John Carfora, #23 Exhibit A to Carfora Declaration, #24 Exhibit B to Carfora Declaration, #25 Exhibit C to Carfora Declaration, #26 Exhibit D to Carfora Declaration, #27 Exhibit E to Carfora Declaration, #28 Exhibit F to Carfora Declaration, #29 Exhibit G to Carfora Declaration, #30 Exhibit H to Carfora Declaration, #31 Exhibit I to Carfora Declaration, #32 Declaration of Michael O'Sullivan, #33 Exhibit A to O'Sullivan Declaration, #34 Exhibit B to O'Sullivan Declaration, #35 Exhibit C to O'Sullivan Declaration, #36 Request for Judicial Notice, #37 Exhibit 1 to RJN, #38 Exhibit 2 to RJN, #39 Exhibit 3 to RJN, #40 Exhibit 4 to RJN, #41 Exhibit 5 to RJN, #42 Proposed Order, #43 Proof of Service) (Johnson, Adam) |
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Filing 50
ORDER by Judge Terry J. Hatter, Jr: DENYING #36 Plaintiffs motion to designate a briefing schedule. (shb)
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| Filing 49 MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick. The Court has read and considered all papers filed in support and in opposition to Plaintiff's "Motion to Quash Subpoena for Plaintiff's Medical Records, etc.", filed 3/8/18. The previously noticed 3/30/18 hearing date is vacated. The Court has taken the Motion under submission without oral argument. The motion is denied. (sp) |
| Filing 48 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF NOTICE OF MOTION AND MOTION for Order for DESIGNATING BRIEFING SCHEDULE FOR DEFENDANT'S ANTICIPATED MOTION FOR SUMMARY JUDGMENT #36 (FIRST SUPPLEMENTAL) filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 47 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION for Order for DESIGNATING BRIEFING SCHEDULE FOR DEFENDANT'S ANTICIPATED MOTION FOR SUMMARY JUDGMENT #36 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 46 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Order for DESIGNATING BRIEFING SCHEDULE FOR DEFENDANT'S ANTICIPATED MOTION FOR SUMMARY JUDGMENT #36 filed by Defendant Loyola Marymount University. (Johnson, Adam) |
| Filing 45 MEMORANDUM of Points and Authorities in Support filed by PLAINTIFF Joseph C. McNicholas. Re: MOTION to Quash Subpoena for PLAINTIFFS MEDICAL RECORDS SERVED ON PLAINTIFFS HEALTH CARE PROVIDERS FAY M. AZAD, M.D., JANE C. LINDBERG, M.D., AND JOYCE HOUSER #32 (Rosen, Howard) |
| Filing 44 MEMORANDUM in Opposition to MOTION to Quash Subpoena for PLAINTIFFS MEDICAL RECORDS SERVED ON PLAINTIFFS HEALTH CARE PROVIDERS FAY M. AZAD, M.D., JANE C. LINDBERG, M.D., AND JOYCE HOUSER #32 filed by Defendant Loyola Marymount University. (Johnson, Adam) |
| Filing 43 MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick. The Court is in receipt of Plaintiff's "Motion for Protective Order to Prohibit the Deposition of Diane Gehart, etc." ("the Motion"), filed March 13, 2018. In view of Exhibit H thereto, the Motion is denied without prejudice as moot. (See document for further details.) #38 #42 (sbou) |
| Filing 42 NOTICE OF MOTION AND MOTION to Withdraw MOTION for Protective Order for TO PROHIBIT THE DEPOSITION OF DIANE GEHART, PLAINTIFF'S EX-WIFE, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #38 filed by PLAINTIFF Joseph C. McNicholas. Motion set for hearing on 4/6/2018 at 09:30 AM before Magistrate Judge Charles F. Eick. (Rosen, Howard) |
| Filing 41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Protective Order for TO PROHIBIT THE DEPOSITION OF DIANE GEHART, PLAINTIFF'S EX-WIFE, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #38 . 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. (shb) |
| Filing 40 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF MOTION for Protective Order for TO PROHIBIT THE DEPOSITION OF DIANE GEHART, PLAINTIFF'S EX-WIFE, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #38 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 39 DECLARATION of JOSEPH C. McNICHOLAS IN SUPPORT OF MOTION for Protective Order for TO PROHIBIT THE DEPOSITION OF DIANE GEHART, PLAINTIFF'S EX-WIFE, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #38 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 38 NOTICE OF MOTION AND MOTION for Protective Order for TO PROHIBIT THE DEPOSITION OF DIANE GEHART, PLAINTIFF'S EX-WIFE, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by PLAINTIFF Joseph C. McNicholas. Motion set for hearing on 4/6/2018 at 09:30 AM before Magistrate Judge Charles F. Eick. (Rosen, Howard) |
| Filing 37 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF NOTICE OF MOTION AND MOTION for Order for DESIGNATING BRIEFING SCHEDULE FOR DEFENDANT'S ANTICIPATED MOTION FOR SUMMARY JUDGMENT #36 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 36 NOTICE OF MOTION AND MOTION for Order for DESIGNATING BRIEFING SCHEDULE FOR DEFENDANT'S ANTICIPATED MOTION FOR SUMMARY JUDGMENT filed by PLAINTIFF Joseph C. McNicholas. (Rosen, Howard) |
| Filing 35 DECLARATION of ADAM L. JOHNSON IN OPPOSITION TO MOTION to Quash Subpoena for PLAINTIFFS MEDICAL RECORDS SERVED ON PLAINTIFFS HEALTH CARE PROVIDERS FAY M. AZAD, M.D., JANE C. LINDBERG, M.D., AND JOYCE HOUSER #32 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 34 JOINT STIPULATION to MOTION to Quash Subpoena for PLAINTIFFS MEDICAL RECORDS SERVED ON PLAINTIFFS HEALTH CARE PROVIDERS FAY M. AZAD, M.D., JANE C. LINDBERG, M.D., AND JOYCE HOUSER #32 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 33 DECLARATION of HOWARD Z. ROSEN IN SUPPORT OF MOTION to Quash Subpoena for PLAINTIFFS MEDICAL RECORDS SERVED ON PLAINTIFFS HEALTH CARE PROVIDERS FAY M. AZAD, M.D., JANE C. LINDBERG, M.D., AND JOYCE HOUSER #32 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 32 NOTICE OF MOTION AND MOTION to Quash Subpoena for PLAINTIFFS MEDICAL RECORDS SERVED ON PLAINTIFFS HEALTH CARE PROVIDERS FAY M. AZAD, M.D., JANE C. LINDBERG, M.D., AND JOYCE HOUSER filed by PLAINTIFF Joseph C. McNicholas. Motion set for hearing on 3/30/2018 at 09:30 AM before Magistrate Judge Charles F. Eick. (Rosen, Howard) |
| Filing 31 MEDIATION REPORT Filed by Mediator (ADR Panel) Steven M Schneider: Mediation held on February 21, 2018. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Schneider, Steven) |
| Filing 30 NOTICE OF MEDIATION DATE filed. Mediation set for February 21, 2018 9:30am.(Schneider, Steven) |
| Filing 29 NOTICE OF MEDIATION DATE filed. Mediation set for February 12, 2018.(Schneider, Steven) Modified on 2/7/2018 (shb). |
| Filing 28 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Steven M Schneider has been assigned to serve as Panel Mediator. (mb) |
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Filing 27
FINAL PRETRIAL CONFERENCE ORDER approved by Judge Terry J. Hatter, Jr. (shb)
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Filing 26
ORDER SETTING JURY INSTRUCTIONS by Judge Terry J. Hatter, Jr. It is Ordered that counsel shall prepare and file proposed jury instructions in accordance with the procedures set forth in this Order. Failure to comply with this Order shall subject counsel to sanctions, in addition to the instructions being returned to be properly prepared. The Court prefers instructions from Kevin F. OMalley, et al., Federal Jury Practice and Instructions (6th ed. Current edition), modified only if necessary to fit the circumstances of each case. Attached is a list of the Court's general civil jury instructions which will be given when applicable. See order for details. (shb)
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| Filing 25 MINUTES OF HEARING: FINAL PRETRIAL CONFERENCE: Final Pretrial Conference held before Judge Terry J. Hatter, Jr: The Court will set the Jury Trial date for July 10, 2018 at 10:00 a.m. (est. 5-6 days) 12 hours will be allowed for each side. Discovery is to be completed by no later than March 19, 2018. Parties to meet and confer and set a settlement conference before the Magistrate Judge. Motions in limine are to be filed no later than April 20, 2018. Court Reporter: Lisa Gonzalez. (shb) |
| Filing 24 DECLARATION of HOWARD Z. ROSEN re Notice of Lodging Proposed Pretrial Order #23 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 23 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Joseph C. McNicholas. Joint (Attachments: #1 Proposed Order Pretrial Conference)(Rosen, Howard) |
| Filing 22 Second Amendment to Initial DISCLOSURE of under FRCP 26(a)(1) filed by Defendant Loyola Marymount University (Brethen, Geoffrey) |
| Filing 21 Witness List filed by Defendant Loyola Marymount University.. (Brethen, Geoffrey) |
| Filing 20 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Loyola Marymount University. (Brethen, Geoffrey) |
| Filing 19 JOINT Exhibit List filed by PLAINTIFF Joseph C. McNicholas.. (Rosen, Howard) |
| Filing 18 MEMORANDUM of CONTENTIONS of FACT and LAW filed by PLAINTIFF Joseph C. McNicholas. (Rosen, Howard) |
| Filing 17 Witness List filed by PLAINTIFF Joseph C. McNicholas.. (Rosen, Howard) |
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Filing 16
PROTECTIVE ORDER by Magistrate Judge Charles F. Eick re Stipulation for Protective Order #15 . (sp)
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| Filing 15 STIPULATION for Protective Order filed by Defendant Loyola Marymount University.(Brethen, Geoffrey) |
| Filing 14 JOINT SCHEDULING CONFERENCE REPORT of PURSUANT TO FED. RULE OF CIV. PROC. 26(f) filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
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Filing 13
ORDER SETTING FINAL PRE-TRIAL CONFERENCE AND REFERRING DISCOVERY by Judge Terry J. Hatter, Jr. It is Ordered that all discovery matters which become at issue are referred to Magistrate Judge Charles F. Eick for his/her consideration. Please contact the courtroom deputy clerk to the Magistrate Judge regarding these matters. It is Ordered, pursuant to Rule 16 of the Federal Rules of Civil Procedures and Local Rule 16, that the Final Pre-Trial Conference is placed on the Courts calendar for November 13, 2017 at 10:00 a.m. in Courtroom No. 9B in the U. S. Courthouse on First Street. (shb)
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| Filing 12 MINUTE IN CHAMBERS NEW CASE BEFORE JUDGE HATTER. This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judges initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents. Judge Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be reached at (213) 894-5276. Counsel shall not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda_skipper@cacd.uscourts.gov, with appropriate inquiries. Judge Hatters courtroom is located on the 9th Floor, at 350 W. 1st Street, United States Courthouse, Courtroom No. 9B. Additional information about Judge Hatters procedures and schedules can be found on the courts website at www.cacd.uscourts.gov. Counsel for Plaintiff shall immediately serve the complaint in accordance with Fed. R. Civ. P. 4 on all parties, including this Order on any new parties to the action and file the proofs of service pursuant to Local Rule 5-3.1 with the Court. (shb) |
| Filing 11 NOTICE of Interested Parties filed by Defendant Loyola Marymount University, identifying United Educators Insurance Risk Retention Group, Inc.. (Brethen, Geoffrey) |
| Filing 10 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Loyola Marymount University.(Attorney Geoffrey C Brethen added to party Loyola Marymount University(pty:dft))(Brethen, Geoffrey) |
| Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #8 . The following error(s) was found: Incorrect event selected. The correct event is: Civil Events - select -Service Documents - select - Service/Waivers of Summons and Complaints. 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. (shb) |
| Filing 8 NOTICE OF SERVICE OF SUMMONS filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Loyola Marymount University. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Terry J. Hatter, Jr and Magistrate Judge Charles F. Eick. (car) |
| Filing 4 CIVIL COVER SHEET filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Joseph C. McNicholas, (Rosen, Howard) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Joseph C. McNicholas. (Rosen, Howard) |
| Filing 1 COMPLAINT Receipt No: 0973-19207224 - Fee: $400, filed by Plaintiff Joseph C. McNicholas. (Attorney Howard Z Rosen added to party Joseph C. McNicholas(pty:pla))(Rosen, Howard) |
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