William Dan Gotses v. US Bancorp et al
Plaintiff: William Dan Gotses
Defendant: US Bank NA, Does 1 through 10, US Bancorp Investments Inc, US Bancorp and US Bancorp Insurance Services, LLC
Case Number: 2:2017cv08670
Filed: November 30, 2017
Court: US District Court for the Central District of California
Presiding Judge: Charles F Eick
Referring Judge: Alexander F MacKinnon
2 Judge: Consuelo B Marshall
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 29 U.S.C. § 2601
Jury Demanded By: None
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This docket was last retrieved on August 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 5, 2020 Opinion or Order Filing 196 MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: The Court is in receipt of the Joint Stipulation to dismiss the case with prejudice. The Court having read and considered said stipulation, #195 hereby GRANTS the stipulation and orders the case dismissed with prejudice. IT IS SO ORDERED. (Made JS-6. Case Terminated.) (shb)
August 4, 2020 Opinion or Order Filing 195 Joint STIPULATION to Dismiss Case filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA.(Yang, Jason)
June 3, 2020 Opinion or Order Filing 194 MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: In light of the notice of settlement, filed June 2, 2020, indicating that the case has settled in its entirety, this action is placed in inactive status. By AUGUST 7, 2020 the parties shall file either a proper stipulation and order for dismissal or judgment. Failure to timely file a stipulation and order for dismissal or judgment shall result in the dismissal of this action. All pending hearings are now taken off calendar. The parties shall withdraw any pending motions/request no later than AUGUST 7, 2020, and failure to withdraw by that date will result in denial of the motions/requests without prejudice. (shb)
June 2, 2020 Opinion or Order Filing 193 NOTICE of Settlement filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Yang, Jason)
May 18, 2020 Opinion or Order Filing 192 Defendants' Second Supplemental Disclosures Pursuant to Rule 7.1 (Yang, Jason)
May 18, 2020 Opinion or Order Filing 191 MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall granting #190 REQUEST to Continue: Counsel are hereby notified that pursuant to the Judge's directive, the Court hereby approves the Stipulation #190 . The deadline for the Parties to lodge deposition transcripts, file objections to designations of deposition testimony, file counter designations of deposition testimony and objections thereto, exchange demonstrative exhibits to be used at trial, file proposed jury instructions, file special questions requested to be asked on voir dire, file requests for a special or general verdict accompanied by answers to interrogatories and file trial briefs is continued to June 12, 2020. (bm)
May 15, 2020 Opinion or Order Filing 190 Joint REQUEST to Continue Deadlines from 5/15/2020 to 06/12/2020 filed by Defendant US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Yang, Jason)
May 7, 2020 Opinion or Order Filing 189 Supplemental DISCLOSURE filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA (Yang, Jason)
April 29, 2020 Opinion or Order Filing 188 ORDER - JOINT STIPULATION TO CONTINUE THE DEADLINES TO LODGE DEPOSITION TRANSCRIPTS, OBJECTIONS TO DESIGNATIONS OF DEPOSITION TESTIMONY, COUNTER DESIGNATIONS TO DESIGNATIONS OF DEPOSITIONS TESTIMONY AND EXCHANGE DEMONSTRATIVE EXHIBITS; [PROPOSED] ORDER #187 by Judge Consuelo B. Marshall. The Court Orders as follows: 1. The deadline for the Parties to lodge deposition transcripts, file objections to designations of deposition testimony, file counter designations of deposition testimony and objections thereto and exchange demonstrative exhibits to be used at trial is continued to May 15, 2020. (lom)
April 28, 2020 Opinion or Order Filing 187 Joint STIPULATION to Continue The Deadlines to Lodge Deposition Transcripts, Objections to Designations of Deposition Testimony, Counter Designations to designations of Depositions Testimony and Exchange Demonstrative Exhibits from April 30, 2020 to May 15, 2020 filed by Defendant US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Attachments: #1 Proposed Order)(Yang, Jason)
March 31, 2020 Opinion or Order Filing 186 ORDER - JOINT STIPULATION TO CONTINUE THE DEADLINES TO LODGE DEPOSITIONTRANSCRIPTS, OBJECTIONS TO DESIGNATIONS OF DEPOSITION TESTIMONY, COUNTERDESIGNATIONS TO DESIGNATIONS OF DEPOSITIONS TESTIMONY AND EXCHANGE DEMONSTRATIVEEXHIBITS; #184 by Judge Consuelo B. Marshall: The Court hereby approves this Stipulation and Orders as follows: 1. The deadline for the Parties to lodge deposition transcripts, file objections to designations of deposition testimony, file counter designations of deposition testimony and objections thereto and exchange demonstrative exhibits to be used at trial is continued to April 30, 2020. (shb)
March 31, 2020 Opinion or Order Filing 185 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Continue, #184 . 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)
March 30, 2020 Opinion or Order Filing 184 Joint STIPULATION to Continue DEADLINES TO LODGE DEPOSITION TRANSCRIPTS, OBJECTIONS TO DESIGNATIONS OF DEPOSITION TESTIMONY, COUNTER DESIGNATIONS TO DESIGNATIONS OF DEPOSITIONS TESTIMONY AND EXCHANGE DEMONSTRATIVE EXHIBITS from March 31st, 2020 to July 7th, 2020 filed by Defendant US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA.(Yang, Jason)
March 24, 2020 Opinion or Order Filing 183 ORDER RE JOINT STIPULATION TO CONTINUE THE DEADLINES TO FILE PROPOSED JURYINSTRUCTIONS, SPECIAL QUESTIONS TO BE ASKED ON VOIR DIRE, REQUESTS FOR A SPECIALOR GENERAL VERDICT ACCOMPANIED BY ANSWERS TO INTERROGATORIES, AND TO FILETRIAL BRIEFS #182 by Judge Consuelo B. Marshall: The deadline for the Parties to file proposed jury instructions, special questions requested to be asked on voir dire, requests for a special or general verdict accompanied by answers to interrogatories, and trial briefs is continued to April 30, 2020. (shb)
March 23, 2020 Opinion or Order Filing 182 STIPULATION to Continue Deadlines to File Proposed Jury Instructions, Special Questions to be asked on Voir Dire, Requests for a Special or General Verdict Accompanied by Answers to Interrogatories, and to File Trial Briefs; Proposed Order filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA.(Yang, Jason)
March 23, 2020 Opinion or Order Filing 181 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall: IN CHAMBERS - NOTICE TO ALL PARTIES OF COURT ORDER: On the Courts own motion, the following motions:Defendants motion in limine No. 9 to exclude witnesses and declarations not produced by plaintiff until after the close of discovery #161 ; Plaintiffs motion in limine No 5 #164 ; Plaintiffs motion in limine No. 6 #165 ; andPlaintiffs motion in limine No. 7 166]; currently scheduled for March 25, 2020, are hereby ordered continued to July 1, 2020 at 10:00 a.m. (shb)
March 17, 2020 Opinion or Order Filing 180 ORDER RE JOINT STIPULATION TO CONTINUE THE DEADLINES TO LODGE DEPOSITION TRANSCRIPTS, OBJECTIONS TO DESIGNATIONS OF DEPOSITION TESTIMONY, COUNTER DESIGNATIONS TO DESIGNATIONS OF DEPOSITIONS TESTIMONY AND EXCHANGE DEMONSTRATIVE EXHIBITS, #177 by Judge Consuelo B. Marshall: The deadline to lodge deposition transcripts, file objections to designations of deposition testimony, file counter designations of deposition and objections thereto and exchange demonstrative exhibits to be used at trial is continued to March 31, 2020. The Court further orders the status conference hearing set for March 25, 2020 is continued to July 1, 2020 at 10L00 a.m. The Jury Trial is continued to July 7, 2020 at 10:00 a.m. (shb)
March 16, 2020 Opinion or Order Filing 179 IN OPPOSITION re: MOTION IN LIMINE (#9) to Exclude Exclude Witnesses #161 filed by Plaintiff William Dan Gotses. (Attachments: #1 Declaration DECLARATION OF RACHEL D. DARDASHTI IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION IN LIMINE NO. 9 TO EXCLUDE WITNESSES AND DECLARATIONS NOT PRODUCTED UNTIL AFTER THE DISCOVERY CUT-OFF)(Reif, Brandon)
March 16, 2020 Opinion or Order Filing 178 RESPONSE filed by Plaintiff William Dan Gotsesto Supplement #162 (Reif, Brandon)
March 16, 2020 Opinion or Order Filing 177 STIPULATION to Continue Deadlines to Lodge Deposition Transcripts, Objections to Designations of Deposition Testimony, Counter Designations to Designations of Depositions Testimony and Exchange Demonstrative Exhibits; Proposed Order filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA.(Yang, Jason)
March 16, 2020 Opinion or Order Filing 176 Witness List filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA.. (Yang, Jason)
March 16, 2020 Opinion or Order Filing 175 PLF's MIL No. 7 Opposition re: MOTION IN LIMINE (7) to Exclude Defendants' Expert Peter Kennedy and Gary England #166 filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Attachments: #1 Declaration)(Yang, Jason)
March 16, 2020 Opinion or Order Filing 174 OPPOSITION to MOTION IN LIMINE (5) to Exclude Evidence, Testimony and Argument of Defendants' November 2016 Meeting Regarding Plaintiff's Termination #164 filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Attachments: #1 Declaration)(Yang, Jason)
March 16, 2020 Opinion or Order Filing 173 OPPOSITION to MOTION IN LIMINE (6) to Exclude Defendants' Six Non-Disclosed Employees from Testifying at Trial #165 filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Attachments: #1 Declaration Theresa M. Marchlewski's Decl. ISO DEFS' Opposition to PLF's MIL No. 6 to Exclude DEFS' Six Non-Disclosed Employees From Testifying at Trial)(Yang, Jason)
March 10, 2020 Opinion or Order Filing 172 MINUTE IN CHAMBERS ORDER RE; DEPOSITION DESIGNATIONS by Judge Consuelo B. Marshall: The parties shall file deposition designations and objections thereto, counter-designations and objections thereto, a proposed order re the objections to the deposition and counter-designations, no later than March 16, 2020. A Microsoft Word copy of the proposed order shall be emailed to the clerk at CBM_Chambers@cacd.uscourts.gov on March 16, 2020, as required by Local Rule 5-4.4.2 The parties shall lodge a copy of the designated and counter-designated deposition transcripts marked in compliance with Local Rule 16-2-7, no later than March 16, 2020. See order for further details. (shb)
March 10, 2020 Opinion or Order Filing 171 NOTICE of Appearance filed by attorney Jason M Yang on behalf of Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA (Yang, Jason)
March 9, 2020 Opinion or Order Filing 170 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff William Dan Gotses. (Reif, Brandon)
March 9, 2020 Opinion or Order Filing 169 WITNESS TESTIMONY SUMMARIES filed by Plaintiff William Dan Gotses. (Reif, Brandon)
March 9, 2020 Opinion or Order Filing 168 SUPPLEMENT filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Attachments: #1 Declaration of Theresa M. Marchlewski in Support)(Yang, Jason)
March 9, 2020 Opinion or Order Filing 167 (Yang, Jason)
March 9, 2020 Opinion or Order Filing 166 NOTICE OF MOTION AND MOTION IN LIMINE (7) to Exclude Defendants' Expert Peter Kennedy and Gary England filed by Plaintiff William Dan Gotses. Motion set for hearing on 3/25/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration, #2 Proposed Order)(Reif, Brandon)
March 9, 2020 Opinion or Order Filing 165 NOTICE OF MOTION AND MOTION IN LIMINE (6) to Exclude Defendants' Six Non-Disclosed Employees from Testifying at Trial filed by Plaintiff William Dan Gotses. Motion set for hearing on 3/25/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration, #2 Proposed Order)(Reif, Brandon)
March 9, 2020 Opinion or Order Filing 164 NOTICE OF MOTION AND MOTION IN LIMINE (5) to Exclude Evidence, Testimony and Argument of Defendants' November 2016 Meeting Regarding Plaintiff's Termination filed by Plaintiff William Dan Gotses. Motion set for hearing on 3/25/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration, #2 Proposed Order)(Reif, Brandon)
March 9, 2020 Opinion or Order Filing 163 Supplemental Briefing Regarding FEHA Claims Barred by the Statute of Limitations filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA (Attachments: #1 Declaration, #2 Declaration)(Yang, Jason)
March 9, 2020 Opinion or Order Filing 162 SUPPLEMENT filed by Defendant US Bancorp Investments Inc. (Yang, Jason)
March 9, 2020 Opinion or Order Filing 161 NOTICE OF MOTION AND MOTION IN LIMINE (#9) to Exclude Exclude Witnesses filed by Defendant US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Attachments: #1 Supplement Supplement to Pretrial, #2 Declaration of Theresa M Marchlewski)(Yang, Jason)
March 4, 2020 Opinion or Order Filing 160 MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION IN LIMINE NO 1 TO EXCLUDE EXPERT TESTIMONY OF BRUCE L. ROSS by Judge Consuelo B. Marshall: The Court GRANTS Plaintiffs Motion in Limine No. 1 to preclude Ross from testifying regarding whether Mangans schedules should have been final rather than a draft. The Motion to exclude Rosss entire testimony at trial is DENIED. (shb)
March 4, 2020 Opinion or Order Filing 159 MINUTES (IN CHAMBERS) ORDER RE DEFENDANTS MOTION IN LIMINE NO 2. TO EXCLUDE AND/OR LIMIT TESTIMONY OF AND RULE 26 REPORT BY MICHELLE MANGAN by Judge Consuelo B. Marshall: Defendants Motion in Limine No. 2 is GRANTED to exclude Mangans Rule 26 report from being received into evidence at trial, and to exclude Mangan from testifying at trial regarding Plaintiffs unreimbursed business expenses. The Motion is otherwise DENIED. (shb)
March 3, 2020 Opinion or Order Filing 158 WITNESS TESTIMONY SUMMARIES filed by Plaintiff William Dan Gotses. (Reif, Brandon)
February 28, 2020 Opinion or Order Filing 157 MINUTE IN CHAMBERS ORDER RE STATUS CONFERENCE by Judge Consuelo B. Marshall: The trial in this action is set for March 31, 2020. The parties shall appear for a status conference on March 25, 2020 at 10:00 a.m. (shb)
February 25, 2020 Opinion or Order Filing 155 SUPPLEMENT filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Yang, Jason)
February 20, 2020 Opinion or Order Filing 154 NOTICE filed by Plaintiff William Dan Gotses. NOTICE OF FILING OF THE EXPERT REPORT OF MICHELLE MANGAN (Attachments: #1 Exhibit Combined Exhibits A-F, #2 Exhibit Combined Exhibits G-L, #3 Exhibit Combined Exhibits M-Z, #4 Exhibit Combined Exhibits AA-AG)(Reif, Brandon)
February 19, 2020 Opinion or Order Filing 153 MINUTES IN CHAMBERS ORDER RE MOTION IN LIMINE (#8) to Exclude Testimony and Declarations of Third Parties Jim Fogerty and Wanda Gordon, #113 by Judge Consuelo B. Marshall: Accordingly, Defendants Motion in Limine No. 8 is GRANTED to exclude prior declarations by Fogerty and Gordon from being offered as evidence at trial, and DENIED to preclude Fogerty and Gordon from testifying at trial. Defendants may raise speculation and personal knowledge objections as to specific testimony by Fogerty and Gordon at trial. (shb)
February 19, 2020 Opinion or Order Filing 152 MINUTES IN CHAMBERS ORDER RE DEFENDANT'S MOTION IN LIMINE (#7) to Bifurcate Trial on Damages and Punitive Damages From Trial on Liability, #112 by Judge Consuelo B. Marshall: Accordingly, Defendants' Motion in Limine No. 7 is DENIED with respect to bifurcating liability from compensatory damages, and GRANTED with respect to bifurcating punitive damages. Therefor the trial will proceed as follows: (1) first phase of trial - liability and compensatory damages; (2) second phase of trial (if necessary) - punitive damages. (shb)
February 19, 2020 Opinion or Order Filing 151 MINUTES IN CHAMBERS ORDER RE MOTION IN LIMINE (#6) to Exclude Testimony and Evidence Regarding Instances Alleged Retaliation That Are Barred by the Statute of Limitations by Judge Consuelo B. Marshall: Accordingly, Defendants Motion in Limine No. 6 To Exclude Testimony and Evidence Regarding Instances of Alleged Retaliation That Are Barred By the Statute of Limitations is DENIED. (shb)
February 19, 2020 Opinion or Order Filing 150 MINUTES IN CHAMBERS ORDER RE DEFENDANT'S MOTION IN LIMINE (#5) to Exclude Testimony and Evidence Regarding Instances of Alleged Disability Discrimination, Harassment and Retaliation That Have No Connection to any Alleged Disability and That Are Barred by Statute of Limitations by Judge Consuelo B. Marshall: Accordingly, the Court DENIES Defendants Motion in Limine No. 5 To Exclude Testimony and Evidence Regarding Instances of Alleged Disability Discrimination, Harassment and Retaliation that Have No Connection To Any Alleged Disability and that Are Barred by Statute of Limitations. (shb)
February 19, 2020 Opinion or Order Filing 149 MINUTES IN CHAMBERS ORDER RE DEFENDANT'S MOTION IN LIMINE (#4) to Exclude Evidence or Testimony of any Subjective Opinion or Belief by Plainiff Regarding His Future Economic Damages by Judge Consuelo B. Marshall: Accordingly, the Court GRANTS IN PART and DENIES IN PART Defendant's Motion in Limine No. 4 as follows: (1). Plaintiff may testify at trial as a lay witness regarding his past and present earnings; and (2) Plaintiff cannot testify at trial regarding whether Defendants would have paid Plaintiff a certain amount of compensation and/or bonus(es) if his employment was not terminated. (shb)
February 19, 2020 Opinion or Order Filing 148 MINUTES IN CHAMBERS ORDER RE DEFENDANT'S MOTION IN LIMINE (#3) to Exclude Any Use of the Terms "Disability" or "Disabled to Describe Plaintiff's Physical or Mental Condition, #108 by Judge Consuelo B. Marshall: Accordingly, weighing pursuant to Rule 403. the Court GRANTS IN PART and DENIES IN PART Defendants' Motion In Limine No. 3 as follows: (1) Witnesses are precluded from testifying at trial that Plaintiff was disabled under FEHA; and (2) Plaintiff's counsel is not precluded from arguing at trial that Plaintiff was disabled. (shb)
February 19, 2020 Opinion or Order Filing 147 MINUTES IN CHAMBERS MOTION IN LIMINE (#1) to Exclude Rule 26 Report by John Maine, #106 by Judge Consuelo B. Marshall: Accordingly, Defendants Motion in Limine No. 1 is GRANTED, and Plaintiff is precluded from offering Maines Rule 26 report and eliciting testimony from Maine or any witness re: Maines Rule 26 report at trial. (shb)
February 19, 2020 Opinion or Order Filing 146 MINUTES IN CHAMBERS ORDER RE PLAINTIFF'S MOTION IN LIMINE (#3) to Exclude EVIDENCE NOT DISCLOSED BY DEFENDANTS BASED ON THE ATTORNEY-CLIENT PRIVILEGE AND LATER DISCLOSED AFTER DEPOSITIONS CONCLUDED by Judge Consuelo B. Marshall: The Court GRANTS Plaintiffs Motion in Limine No. 3. Defendants are precluded from offering evidence, testimony or argument at trial regarding the document (bates labeled BANK 01653-01658). (shb)
February 19, 2020 Opinion or Order Filing 145 MINUTES IN CHAMBERS ORDER RE: PLAINTIFFS MOTION IN LIMINE NO. 2 TO PRECLUDE DEFENDANTS FROM ARGUING THAT PLAINTIFF WAS NOT ON PROTECTED DISABILITY LEAVE AT THE TIME OF HIS TERMINATION, #115 by Judge Consuelo B. Marshall: The Court GRANTSPlaintiff's Motion in Limine No. 2 as follows. Defendants are precluded from arguing and offering testimony or evidence at trial that Plaintiff was not on approved medical leave at the time of his termination. (shb)
February 19, 2020 Opinion or Order Filing 144 MINUTES OF PRETRIAL CONFERENCE HEARING AND VARIOUS MOTIONS IN LIMINE held before Judge Consuelo B. Marshall: The case is called and counsel state their appearance. The Court and counsel confer regarding the status of the case. Pretrial conference is held. Following discussions with the parties, the Court will issue orders as to the pending motions in limine. Plaintiff's motion in limine No. 4 #117 is withdrawn on the record. The Court further orders the parties to meet and confer by no later than March 3, 2020 to discuss and file the summary list of each witness, and what exhibits will be used for that witness and time estimate for each witness called, as stated on the record. By March 9, 2020, counsel are to submit: any further briefing re claims bar by statute and any affirmative defense; designation of deposition to be used at trial; any other motions in limine with opposition due no later than March 16, 2020. Court Reporter: Laura Elias. (shb)
February 13, 2020 Opinion or Order Filing 143 MINUTE In Chambers - Notice and Order to all parties by Judge Consuelo B. Marshall: The Court having considered this response deems the response satisfactory and adequately addresses the Court's concerns. Accordingly, the Order to Show Cause is hereby vacated and discharged. The parties are reminded that he is expected to comply with all rules and orders of the Court. (shb)
February 11, 2020 Opinion or Order Filing 142 MINUTE IN CHAMBERS - ORDER RE: PRETRIAL CONFERENCE by Judge Consuelo B. Marshall: The final pretrial conference is set for February 18, 2020. The parties have not filed a proposed final pretrial conference order as required pursuant to Local Rule 16-7. The parties shall file a proposed final pretrial conference order no later than February 13, 2020. The parties are further ordered to show cause in writing no later than February 13, 2020 why sanctions should not be issued for failure to timely file a proposed final pretrial conference order. (shb)
February 11, 2020 Opinion or Order Filing 141 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff William Dan Gotses. (Attachments: #1 Proposed Order [PROPOSED] FINAL PRETRIAL CONFERENCE ORDER)(Reif, Brandon)
February 7, 2020 Opinion or Order Filing 140 JOINT Exhibit List filed by Plaintiff William Dan Gotses.. (Reif, Brandon)
January 28, 2020 Opinion or Order Filing 139 Exhibit List filed by Plaintiff William Dan Gotses.. (Reif, Brandon)
January 28, 2020 Opinion or Order Filing 138 Witness List filed by defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA.. (Yang, Jason)
January 28, 2020 Opinion or Order Filing 137 Exhibit List filed by defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA.. (Yang, Jason)
January 28, 2020 Opinion or Order Filing 136 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Yang, Jason)
January 28, 2020 Opinion or Order Filing 135 DECLARATION of Jason M. Yang in Support of Defendants Opposition to Plaintiff's Motion in Limine No. 4 to Exclude Testimony of Defendants' Expert Witnesses Whose Depositions Have Not Been Set filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Yang, Jason)
January 28, 2020 Opinion or Order Filing 134 MEMORANDUM in Opposition to MOTION IN LIMINE (#4) to Exclude TO EXCLUDE TESTIMONY OF DEFENDANTS EXPERT WITNESSES WHOSE DEPOSITIONS HAVE NOT BEEN SET #117 filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Yang, Jason)
January 28, 2020 Opinion or Order Filing 133 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Attorney for Plaintiff William Dan Gotses. (Reif, Brandon)
January 28, 2020 Opinion or Order Filing 132 DECLARATION of Theresa M. Marchlewski re MEMORANDUM in Opposition to Motion, #131 in Support of Defendants Opposition to Plaintiff's Motion in Limine No. 3 to Exclude Evidence Not Disclosed by Defendants Based on the Attorney-Client Privelege and Later Disclosed After Dispositions Concluded filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Yang, Jason)
January 28, 2020 Opinion or Order Filing 131 MEMORANDUM in Opposition to MOTION IN LIMINE (#3) to Exclude EVIDENCE NOT DISCLOSED BY DEFENDANTS BASED ON THE ATTORNEY-CLIENT PRIVILEGE AND LATER DISCLOSED AFTER DEPOSITIONS CONCLUDED #116 filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Yang, Jason)
January 28, 2020 Opinion or Order Filing 130 DECLARATION of Theresa M. Marchlewski re MEMORANDUM in Opposition to Motion, #129 in Support of Defendants Opposition to Plaintiff's Motion in Limine No. 2 to Preclude Defendants From Arguing that Plaintiff was not on Protected Disablity Leave at the Time of His Termination filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Attachments: #1 Exhibit A)(Yang, Jason)
January 28, 2020 Opinion or Order Filing 129 MEMORANDUM in Opposition to MOTION IN LIMINE (2) to Preclude DEFENDANTS FROM ARGUING THAT PLAINTIFF WAS NOT ON PROTECTED DISABILITY LEAVE AT THE TIME OF HIS TERMINATION #115 filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Yang, Jason)
January 28, 2020 Opinion or Order Filing 128 Witness List William Dan Gotses.. (Reif, Brandon)
January 28, 2020 Opinion or Order Filing 127 DECLARATION of Theresa M. Marchlewski re MEMORANDUM in Opposition to Motion #126 in Support of Defendants Opposition to Plaintiff's Motion In Limine No. 1 to Exclude Expert Testimony of Bruce L. Ross filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Yang, Jason)
January 28, 2020 Opinion or Order Filing 126 MEMORANDUM in Opposition to MOTION IN LIMINE (#1) to Exclude Expert Testimony of Bruce Ross #114 filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Yang, Jason)
January 28, 2020 Opinion or Order Filing 125 OPPOSITION re: MOTION IN LIMINE (#6) to Exclude Testimony and Evidence Regarding Instances Alleged Retaliation That Are Barred by the Statute of Limitations ; Declaration of Theresa M. Marchlewski #111 , MOTION IN LIMINE (#5) to Exclude Testimony and Evidence Regarding Instances of Alleged Disability Discrimination, Harassment and Retaliation That Have No Connection to any Alleged Disability and That Are Barred by Statute of Limitations ; De #110 filed by Plaintiff William Dan Gotses. (Attachments: #1 Declaration)(Reif, Brandon)
January 28, 2020 Opinion or Order Filing 124 OPPOSITION re: MOTION IN LIMINE (#7) to Bifurcate Trial on Damages and Punitive Damages From Trial on Liability ; Declaration of Theresa M. Marchlewski #112 filed by Plaintiff William Dan Gotses. (Reif, Brandon)
January 28, 2020 Opinion or Order Filing 123 Opposition re: MOTION IN LIMINE (#8) to Exclude Testimony and Declarations of Third Parties Jim Fogerty and Wanda Gordon ; Declaration of Theresa M. Marchlewski #113 filed by Plaintiff William Dan Gotses. (Reif, Brandon)
January 28, 2020 Opinion or Order Filing 122 OPPOSITION re: MOTION IN LIMINE (#1) to Exclude Rule 26 Report by John Maine; Memorandum of Points and Authorities in Support Thereof: Declaration of Theresa M. Marchlewski in Support of Defendants Motion in Limine No. 1 to Exclude Rule 26 Report by John M #106 filed by Plaintiff William Dan Gotses. (Reif, Brandon)
January 28, 2020 Opinion or Order Filing 121 OPPOSITION re: MOTION IN LIMINE (#2) to Exclude and/or Limit Testimony of and Rule 26 Report by Michelle Mangan ; Memorandum of Points and Authorities in Support Thereof; Declaration of Theresa M. Marchlewski #107 filed by Plaintiff William Dan Gotses. (Reif, Brandon)
January 28, 2020 Opinion or Order Filing 120 OPPOSITION re: MOTION IN LIMINE (#4) to Exclude Evidence or Testimony of any Subjective Opinion or Belief by Plainiff Regarding His Future Economic Damages ; Memorandum of Points and Authorities in Support Thereof; Declaration of Theresa M. Marchlewski #109 filed by Plaintiff William Dan Gotses. (Reif, Brandon)
January 28, 2020 Opinion or Order Filing 119 Opposition OPPOSITION re: MOTION IN LIMINE (#3) to Exclude Any Use of the Terms "Disability" or "Disabled to Describe Plaintiff's Physical or Mental Condition ; Memorandum of Points and Authorities in Support Thereof; Declaration of Theresa M. Mar #108 filed by Plaintiff William Dan Gotses. (Attachments: #1 Declaration)(Reif, Brandon)
January 22, 2020 Opinion or Order Filing 118 DECLARATION of Rachel D. Dardashti In Support of Motion in Limine No. 4 MOTION IN LIMINE (#4) to Exclude TO EXCLUDE TESTIMONY OF DEFENDANTS EXPERT WITNESSES WHOSE DEPOSITIONS HAVE NOT BEEN SET #117 filed by Plaintiff William Dan Gotses. (Reif, Brandon)
January 21, 2020 Opinion or Order Filing 117 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude TO EXCLUDE TESTIMONY OF DEFENDANTS EXPERT WITNESSES WHOSE DEPOSITIONS HAVE NOT BEEN SET filed by Plaintiff William Dan Gotses. Motion set for hearing on 2/18/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Proposed Order)(Reif, Brandon)
January 21, 2020 Opinion or Order Filing 116 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude EVIDENCE NOT DISCLOSED BY DEFENDANTS BASED ON THE ATTORNEY-CLIENT PRIVILEGE AND LATER DISCLOSED AFTER DEPOSITIONS CONCLUDED filed by Plaintiff William Dan Gotses. Motion set for hearing on 2/18/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration, #2 Proposed Order)(Reif, Brandon)
January 21, 2020 Opinion or Order Filing 115 NOTICE OF MOTION AND MOTION IN LIMINE (2) to Preclude DEFENDANTS FROM ARGUING THAT PLAINTIFF WAS NOT ON PROTECTED DISABILITY LEAVE AT THE TIME OF HIS TERMINATION filed by Plaintiff William Dan Gotses. Motion set for hearing on 2/18/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration, #2 Proposed Order)(Reif, Brandon)
January 21, 2020 Opinion or Order Filing 114 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Expert Testimony of Bruce Ross filed by Plaintiff William Dan Gotses. Motion set for hearing on 2/18/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration Declaration of Rachel Dardashti, #2 Proposed Order Proposed Order)(Reif, Brandon)
January 21, 2020 Opinion or Order Filing 113 NOTICE OF MOTION AND MOTION IN LIMINE (#8) to Exclude Testimony and Declarations of Third Parties Jim Fogerty and Wanda Gordon ; Declaration of Theresa M. Marchlewski filed by defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. Motion set for hearing on 2/18/2020 at 02:30 PM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration of Theresa M. Marchlewiski in Support of Defendants Motion in Limine No. 8 to Exclude Testimony and Declarations of Third Parties Jim Fogerty and Wanda Gordon, #2 Proposed Order Granting Defendants' Motion in Limine No. 8 to Exclude Testimony and Declarations of Third Parties Jim Fogerty and Wanda Gordon)(Marchlewski, Theresa)
January 21, 2020 Opinion or Order Filing 112 NOTICE OF MOTION AND MOTION IN LIMINE (#7) to Bifurcate Trial on Damages and Punitive Damages From Trial on Liability ; Declaration of Theresa M. Marchlewski filed by defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. Motion set for hearing on 2/18/2020 at 02:30 PM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration of Theresa M. Marchlewski in Support of Defendants Motion in Limine No. 7 to Bifurcate Liability and Damages, #2 Proposed Order Granting Defendants' Motion in Limine No. 7 to Bifurcate Trial on Damages and Punitive Damages From Trial on Liability)(Marchlewski, Theresa)
January 21, 2020 Opinion or Order Filing 111 NOTICE OF MOTION AND MOTION IN LIMINE (#6) to Exclude Testimony and Evidence Regarding Instances Alleged Retaliation That Are Barred by the Statute of Limitations ; Declaration of Theresa M. Marchlewski filed by defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. Motion set for hearing on 2/18/2020 at 02:30 PM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration of Theresa M. Marchlewski in Support of Defendants Motion in Limine No. 6 to Exclude Testimony and Evidence Regarding Instances Alleged Retaliation That Are Barred by the Statute of Limitations, #2 Proposed Order Granting Defendants' Motion in Limine No. 6 Exclude Testimony and Evidence Regarding Instances Alleged Retaliation That Are Barred by the Statute of Limitations)(Marchlewski, Theresa)
January 21, 2020 Opinion or Order Filing 110 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude Testimony and Evidence Regarding Instances of Alleged Disability Discrimination, Harassment and Retaliation That Have No Connection to any Alleged Disability and That Are Barred by Statute of Limitations ; Declaration of Theresa M. Marchlewski filed by defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. Motion set for hearing on 2/18/2020 at 02:30 PM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration of Theresa M. Marchlewski in Support of Defendants Motion in Limine No. 5 to Exclude Testimony and Evidence Regarding Instances of Alleged Disability Discrimination, Harassment and Retaliation That Have No Connection to any Alleged Disability and That Are Barred by Statute of Limitations, #2 Proposed Order Granting Defendats' Motion in Limine No. 5 to Exclude Testimony and Evidence Regarding Instances of Alleged Disability Discrimination, Harassment and Retaliation That Have No Connection to any Alleged Disability and That Are Barred by Statute of Limitations)(Marchlewski, Theresa)
January 21, 2020 Opinion or Order Filing 109 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Evidence or Testimony of any Subjective Opinion or Belief by Plainiff Regarding His Future Economic Damages ; Memorandum of Points and Authorities in Support Thereof; Declaration of Theresa M. Marchlewski filed by defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. Motion set for hearing on 2/18/2020 at 02:30 PM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration of Theresa M. Marchlewski in Support of Defendants Motion in Limine No. 4 to Exclude Evidence or Testimony of any Subjective Opinion or Belief by Plainiff Regarding His Future Economic Damages, #2 Proposed Order Granting Defendants' Motion in Limine No. 4 to Exclude Evidence or Testimony of any Subjective Opinion or Belief by Plainiff Regarding His Future Economic Damages)(Marchlewski, Theresa)
January 21, 2020 Opinion or Order Filing 108 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Any Use of the Terms "Disability" or "Disabled to Describe Plaintiff's Physical or Mental Condition ; Memorandum of Points and Authorities in Support Thereof; Declaration of Theresa M. Marchlewski filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. Motion set for hearing on 2/18/2020 at 02:30 PM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration of Theresa M. Marchlewski in Support of Defenddants Motion in Limine No. 3 to Exclude Any Use of the Terms "Disability" or "Disabled to Describe Plaintiff's Physical or Mental Condition, #2 Proposed Order Granting Defendants' Motion in Limine No. 3 to Exclude Any Use of The Terms "Disability" or "Disabled to Describe Plaintiff's Physical or Mental Condition)(Marchlewski, Theresa)
January 21, 2020 Opinion or Order Filing 107 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude and/or Limit Testimony of and Rule 26 Report by Michelle Mangan ; Memorandum of Points and Authorities in Support Thereof; Declaration of Theresa M. Marchlewski filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. Motion set for hearing on 2/18/2020 at 02:30 PM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration of Theresa M. Marchlewski in Support of Defendants Motion in Limine No. 2 to Exclude and/or Limit Testimony of and Rule 26 Report by Michelle Mangan, #2 Proposed Order Granting Defendants' Motion in Limine No. 2 to Exclude and/or Limit Testimony of and Rule 26 Report by Michelle Mangan)(Marchlewski, Theresa)
January 21, 2020 Opinion or Order Filing 106 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Rule 26 Report by John Maine; Memorandum of Points and Authorities in Support Thereof: Declaration of Theresa M. Marchlewski in Support of Defendants Motion in Limine No. 1 to Exclude Rule 26 Report by John Maine filed by defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. Motion set for hearing on 2/18/2020 at 02:30 PM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration of Theresa M. Marchlewski in Support of Defendants Motion and Motion in Limine No. 1 to Exclude Rule 26 Report by John Maine, #2 Proposed Order Granting Defendants Motion in Limine No. 1 to Exclude Rule 26 Report by John Maine)(Marchlewski, Theresa)
December 17, 2019 Opinion or Order Filing 105 ORDER by Judge Consuelo B. Marshall: GRANTING #104 Non-Resident Attorney Steven M. Phillips APPLICATION to Appear Pro Hac Vice on behalf of Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA, designating Theresa M. Marchelwski as local counsel. (shb)
December 17, 2019 Opinion or Order Filing 104 APPLICATION of Non-Resident Attorney Steven M. Phillips to Appear Pro Hac Vice on behalf of Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24967665) filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Attachments: #1 Proposed Order On Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Yang, Jason)
November 14, 2019 Opinion or Order Filing 103 ORDER RE: DEFENDANTS OBJECTIONS TO DECLARATION OF KATRINA ARDEN IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT #90 by Judge Consuelo B. Marshall. See order for details. (shb)
November 14, 2019 Opinion or Order Filing 102 ORDER RE: DEFENDANTS OBJECTIONS TO DECLARATION OF JIM FOGERTY IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT #82 by Judge Consuelo B. Marshall. See order for details. (shb)
November 14, 2019 Opinion or Order Filing 101 ORDER RE: DEFENDANTS OBJECTIONS TO DECLARATION OF WANDA ESTELLE GORDON IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT #81 by Judge Consuelo B. Marshall. See order for details. (shb)
November 14, 2019 Opinion or Order Filing 100 ORDER RE: DEFENDANTS OBJECTIONS TO DECLARATION OF RACHEL D. DARDASHTI IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT #80 by Judge Consuelo B. Marshall. See order for details. (shb)
November 14, 2019 Opinion or Order Filing 99 ORDER RE: DEFENDANTS OBJECTIONS TO DECLARATION OF WILLIAM DAN GOTSES IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT #79 by Judge Consuelo B. Marshall. See order for details. (shb)
November 14, 2019 Opinion or Order Filing 98 ORDER RE: PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF JON GASIK #65 by Judge Consuelo B. Marshall. See order for details. (shb)
November 14, 2019 Opinion or Order Filing 97 ORDER RE: PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF PAUL REYNOLDS #70 , by Judge Consuelo B. Marshall. See order for details. (shb)
November 14, 2019 Opinion or Order Filing 96 ORDER RE: PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF CHRISTI FOREMAN #68 by Judge Consuelo B. Marshall. See order for details. (shb)
November 14, 2019 Opinion or Order Filing 95 ORDER RE: PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF DOROTHY MITCHEL #69 by Judge Consuelo B. Marshall. See order for details. (shb)
November 14, 2019 Opinion or Order Filing 94 ORDER RE: PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF THERESA M. MARCHLEWSKI #67 by Judge Consuelo B. Marshall. See order for details. (shb)
November 14, 2019 Opinion or Order Filing 93 ORDER RE: PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF GEORGEFAKIER #66 by Judge Consuelo B. Marshall. See order for details. (shb)
November 14, 2019 Opinion or Order Filing 92 ORDER RE: DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT, #58 by Judge Consuelo B. Marshall: (1) Defendants Motion for Partial Summary Judgment as to Plaintiffs claims against Defendants U.S. Bancorp, U.S. Bancorp Insurances Services, LLC, and U.S. Bank on the ground there is no evidence connecting these entities to Plaintiffs claims (Issue No. 1) is DENIED; (2) Defendants Motion for Partial Summary Judgment as to Plaintiffs Breach of Contract and Breach of the Implied Covenant of Good Faith and Fair Dealing claims on the ground there was no enforceable contract (Issue No. 2) is DENIED; (3) Defendants Motion for Partial Summary Judgment as to Plaintiffs Breach of Contract and Breach of the Implied Covenant of Good Faith and Fair Dealing claims based on Defendants failure to reimburse business expenses (Issue No. 2) is GRANTED; (4) Defendants Motion for Partial Summary Judgment as to Plaintiffs Breach of Contract and Breach of the Implied Covenant of Good Faith and Fair Dealing claims based on Defendants failure to pay fourth-year bonus (Issue No. 3) is GRANTED; (5) Defendants Motion for Partial Summary Judgment as to Plaintiffs Breach of Contract and Breach of the Implied Covenant of Good Faith and Fair Dealing claims based on Defendants failure to provide Plaintiff with an experienced assistant and transition team as time barred (Issue No. 4) is GRANTED; (6) Defendants Motion for Partial Summary Judgment as to Plaintiffs Breach of Contract and Breach of the Implied Covenant of Good Faith and Fair Dealing claims based on Defendants failure to provide Plaintiff with exclusive territory over USBIs branch locations (Issue No. 4) is DENIED; (7) Defendants Motion for Partial Summary Judgment as to Plaintiffs FMLA and CFRA claims on the ground Plaintiff was not on protected leave at the time of termination (Issue No. 5) is DENIED; (8) Defendants Motion for Partial Summary Judgment as to Plaintiffs FMLA and CFRA claims on the ground there is no evidence that Plaintiffs termination was caused by his attempt to take protected leave (Issue No. 6) is DENIED; and (9) Defendants Motion for Partial Summary Judgment as to Plaintiffs California Whistleblower Act claim pursuant to Cal. Lab. Code 1102.5 to the extent that it is based on Plaintiffs [sic] complaints regarding outdated documents in the Point Loma office and Plaintiffs assistant (Issue Nos. 7, 8) is DENIED AS MOOT because Plaintiff does not assert a whistleblower claim pursuant to California Labor Code Section 1102.5 based on Plaintiffs [sic] complaints regarding outdated documents in the Point Loma office and Plaintiffs assistant. Plaintiffs request to deny or defer ruling on Defendants Partial Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56(d) is DENIED. (shb)
October 29, 2019 Opinion or Order Filing 91 MINUTES OF HEARING RE DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT #58 #58 MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact; Motion Hearing held before Judge Consuelo B. Marshall: The Court and counsel confer. Following discussions with the parties, the Court advises counsel that the motion is taken under submission and a written order will issue. Court Reporter: Lisa Gonzalez. (shb)
October 25, 2019 Opinion or Order Filing 90 Defendants' Objections to Declaration of Katrina Arden In Support of Plaintiff's Opposition to Defendants' Motion for Partial Summary Judgment re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 filed by Defendant US Bancorp. (Yang, Jason)
October 18, 2019 Opinion or Order Filing 89 NOTICE OF ERRATA filed by Plaintiff William Dan Gotses. correcting Appendix #71 Compendium of Exhibits in Support of Opposition to Defendants' Motion for Summary Adjudication (Reif, Brandon)
August 21, 2019 Opinion or Order Filing 88 NOTICE OF ERRATA filed by Defendant US Bancorp. correcting Appendix,, #77 (Marchlewski, Theresa)
August 21, 2019 Opinion or Order Filing 87 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection, #82 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Motions and Related Filings Responses/Replies/Other Motion Related Documents - select Motion Related Document - select - Objection/Opposition Motion Related - select - Objections/Oppositions Motion Related. 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)
August 21, 2019 Opinion or Order Filing 86 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection, #81 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Motions and Related Filings Responses/Replies/Other Motion Related Documents - select Motion Related Document - select - Objection/Opposition Motion Related. 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)
August 21, 2019 Opinion or Order Filing 85 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection, #80 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Motions and Related Filings Responses/Replies/Other Motion Related Documents - select Motion Related Document - select - Objection/Opposition Motion Related Document. 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)
August 21, 2019 Opinion or Order Filing 84 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection,, #79 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Motions and Related Filings Responses/Replies/Other Motion Related Documents - select Motion Related Document - select - Objection/Opposition Motion Related. 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)
August 21, 2019 Opinion or Order Filing 83 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Appendix,, #77 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Motions and Related Filings Responses/Replies/Other Motion Related Documents - select Motion Related Document. 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)
August 20, 2019 Opinion or Order Filing 82 OBJECTIONS to Objection/Opposition (Motion related), #64 TO DECLARATION OF JIM FOGERTY IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Marchlewski, Theresa)
August 20, 2019 Opinion or Order Filing 81 OBJECTIONS to Objection/Opposition (Motion related), #64 TO DECLARATION OF WANDA ESTELLE GORDON IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY PARTIAL SUMMARY JUDGMENT filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Marchlewski, Theresa)
August 20, 2019 Opinion or Order Filing 80 OBJECTIONS to Objection/Opposition (Motion related), #64 TO DECLARATION OF RACHEL D. DARDASHTI IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Marchlewski, Theresa)
August 20, 2019 Opinion or Order Filing 79 OBJECTIONS to Objection/Opposition (Motion related), #65 , Objection/Opposition (Motion related), #67 , Objection/Opposition (Motion related), #64 , Objection/Opposition (Motion related), #66 DEFENDANTS OBJECTIONS TO DECLARATION OF WILLIAM DAN GOTSES IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY PARTIAL SUMMARY JUDGMENT filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Marchlewski, Theresa)
August 20, 2019 Opinion or Order Filing 78 DECLARATION of Jason M. Yang in support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 DEFENDANTS' REPLY TO PLAINTIFF'S OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Marchlewski, Theresa)
August 20, 2019 Opinion or Order Filing 77 APPENDIX filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. Re: Reply (Motion related), #75 , NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 OF NON-FEDERAL AUTHORITIES IN SUPPORT OF DEFENDANTS' REPLY AND MOTION FOR PARTIAL SUMMARY JUDGMENT (Attachments: #1 Exhibit 1-6, #2 Exhibit 7-11, #3 Exhibit 12-16)(Marchlewski, Theresa)
August 20, 2019 Opinion or Order Filing 76 REPLY Defendants' Reply Statement of Uncontroverted Material Facts and Conclusion of Law in support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Marchlewski, Theresa)
August 20, 2019 Opinion or Order Filing 75 REPLY MEMORANDUM IN SUPPORT OF NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Marchlewski, Theresa)
August 16, 2019 Opinion or Order Filing 74 MINUTE IN CHAMBERS - NOTICE TO ALL PARTIES OF COURT ORDER by Judge Consuelo B. Marshall: On the Courts own motion, the November 15, 2019 Pretrial Conference hearing is ordered continued to February 18, 2020 at 2:30 p.m. The Jury Trial (est. 2 weeks) currently set for January 14, 2020 is hereby ordered continued to March 31, 2020 at 10:00 a.m. (shb)
August 16, 2019 Opinion or Order Filing 73 MINUTE IN CHAMBERS- ORDER RE: DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT by Judge Consuelo B. Marshall: The hearing on Defendants Motion for Partial Summary Judgment (Dkt. No. 58 (the Motion) is continued from September 3, 2019, to October 29, 2019 at 10:00 a.m. The briefing deadlines re: the Motion shall remain the same based on the originally noticed hearing date. See L.R. 7-11. (shb)
August 14, 2019 Opinion or Order Filing 72 PROOF OF SERVICE filed by Attorney for Plaintiff William Dan Gotses, re Appendix #71 , Objection/Opposition (Motion related), #68 , Objection/Opposition (Motion related), #65 , Objection/Opposition (Motion related), #67 , Objection/Opposition (Motion related), #64 , Objection/Opposition (Motion related), #70 , Objection/Opposition (Motion related), #66 , Objection/Opposition (Motion related), #69 served on August 13, 2019. (Reif, Brandon)
August 13, 2019 Opinion or Order Filing 71 APPENDIX filed by Plaintiff William Dan Gotses. Re: Objection/Opposition (Motion related), #64 PLAINTIFF'S COMPENDIUM OF EXHIBITS IN OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT (Reif, Brandon)
August 13, 2019 Opinion or Order Filing 70 EVIDENTIARY OBJECTIONS TO THE DECLARATION OF PAUL REYNOLDS OPPOSITION re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 filed by Plaintiff William Dan Gotses. (Reif, Brandon)
August 13, 2019 Opinion or Order Filing 69 EVIDENTIARY OBJECTIONS TO THE DECLARATION OF DOROTHY MITCHEL OPPOSITION re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 filed by Plaintiff William Dan Gotses. (Reif, Brandon)
August 13, 2019 Opinion or Order Filing 68 EVIDENTIARY OBJECTIONS TO THE DECLARATION OF CHRISTI FOREMAN OPPOSITION re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 filed by Plaintiff William Dan Gotses. (Reif, Brandon)
August 13, 2019 Opinion or Order Filing 67 OBJECTION OPPOSITION re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 Evidentiary objections to the Declaration of Theresa M. Marchlewski filed by Plaintiff William Dan Gotses. (Reif, Brandon)
August 13, 2019 Opinion or Order Filing 66 OBJECTION OPPOSITION re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 EVIDENTIARY OBJECTION TO THE DECLARATION OF GEORGE FAKIER filed by Plaintiff William Dan Gotses. (Reif, Brandon)
August 13, 2019 Opinion or Order Filing 65 OBJECTION OPPOSITION re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 EVIDENTIARY OBJECTIONS TO THE DECLARATION OF JON GASIK filed by Plaintiff William Dan Gotses. (Reif, Brandon)
August 13, 2019 Opinion or Order Filing 64 OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 Filed with Plaintiffs' Statement of Genuine Disputed Facts filed by Plaintiff William Dan Gotses. (Attachments: #1 Supplement)(Reif, Brandon)
August 7, 2019 Opinion or Order Filing 63 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Statement (Motion related), #60 . The following error(s) was/were found: The Statement of Uncontroverted Facts and Conclusions of Law should be lodged and not e-filed. Other error(s) with document(s): This can be accomplished by 1) adding this document as an attachment to the Motion or 2) by selecting the correct event: Civil Event - select - Other Filings - select - Notices - select - Notice of Lodging and Attach the Statement of Uncontroverted Facts and Conclusions of Law. 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)
August 6, 2019 Opinion or Order Filing 62 PROOF OF SERVICE filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA, re Motion Related Document, #61 , Memorandum in Support of Motion, #59 , NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 , Statement (Motion related), #60 PROOF OF SERVICE BY PERSONAL DELIVERY RE DEFENDANTS' NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT fF.R.C.P. RULE 56] AND RELATED DOCUMENTS served on 8/6/2019. (Marchlewski, Theresa)
August 6, 2019 Opinion or Order Filing 61 DEFENDANTS' COMPENDIUM OF EXHIBITS IN SUPPORT OF MOTION FOR MOTION FOR PARTIAL SUMMARY JUDGMENT re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Marchlewski, Theresa)
August 6, 2019 Opinion or Order Filing 60 STATEMENT of UNCONTROVERTED MATERIAL FACTS AND CONCLUSIONS OF LAW NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 DEFENDANTS' STATEMENT OF UNCONTROVERTED MATERIAL FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Marchlewski, Theresa)
August 6, 2019 Opinion or Order Filing 59 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. #58 DEFENDANTS' MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Marchlewski, Theresa)
August 6, 2019 Opinion or Order Filing 58 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to certain issues and claims for which there is no controverted material fact. filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. Motion set for hearing on 9/3/2019 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING DEFENDAN'l'S' MOTION FOR PARTIAL SUMMARY JUDGMENT) (Marchlewski, Theresa)
May 2, 2019 Opinion or Order Filing 57 ORDER GRANTING EXTENSION OF DISCOVERY AND EXPERT DISCLOSURE DEADLINES #56 by Judge Consuelo B. Marshall. The Court GRANTS the requested 40-day extension of the discovery deadline and 40-day extension of the Initial Expert Disclosure deadline. The new discovery cut-off is May 28, 2019. Lastly, the Court GRANTS the requested 40-day extension of the Settlement Conference Deadline. The new deadline is August 16, 2019. (See order for further details) (yl)
April 30, 2019 Opinion or Order Filing 56 Amended STIPULATION to Extend Discovery Cut-Off Date to August 30, 2019 filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Attachments: #1 Proposed Order Granting Extension of Discovery and Expert Disclosure Deadlines)(Yang, Jason)
April 15, 2019 Opinion or Order Filing 55 MINUTE IN CHAMBERS- ORDER RE: JOINT STIPULATION REQUESTING EXTENSION OF DISCOVERY AND EXPERT DISCLOSURE DEADLINES, #53 by Judge Consuelo B. Marshall: The Request is DENIED WITHOUT PREJUDICE because good cause has not been shown. See order for further details. (shb)
April 10, 2019 Opinion or Order Filing 54 DECLARATION of JASON M. YANG re Stipulation to Extend Discovery Cut-Off Date, #53 IN SUPPORT OF JOINT STIPULATION REQUESTING EXTENSION OF DISCOVERY EXPERT DISCLOSURE AND DISCOVERY DEADLINES filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Marchlewski, Theresa)
April 10, 2019 Opinion or Order Filing 53 STIPULATION to Extend Discovery Cut-Off Date to 05/28/2019 filed by defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING EXTENSION OF DISCOVERY AND EXPERT DISCLOSURE DEADLINES)(Marchlewski, Theresa)
March 18, 2019 Opinion or Order Filing 52 NOTICE of Change of address by Brandon Scott Reif attorney for Plaintiff William Dan Gotses. Changing attorneys address to 1925 Century Park East | Suite 1700 | Los Angeles, CA 90067. Filed by Plaintiff William Dan Gotses. (Reif, Brandon)
March 15, 2019 Opinion or Order Filing 51 ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon re Stipulation to Extend Discovery Cut-Off Date #48 . (sbou)
February 27, 2019 Opinion or Order Filing 50 ORDER by Judge Consuelo B. Marshall GRANTING Stipulation to Extend Discovery Cut-Off Date #48 . The Court GRANTS the requested 45-day extension of the Discovery Cut-Off, Initial and Rebuttal Expert Disclosures and Expert Discovery Cut-Off deadlines. The new discovery cut-off is April 15, 2019. The new deadline to file the Initial Expert Disclosure is May 15, 2019. The new deadline to file Rebuttal Expert Disclosures is July 18, 2019. The new Expert Discovery Cut-Off is August 1, 2019. (shb)
February 25, 2019 Opinion or Order Filing 49 DECLARATION of Theresa M. Marchlewski re Stipulation to Extend Discovery Cut-Off Date #48 filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Marchlewski, Theresa)
February 25, 2019 Opinion or Order Filing 48 STIPULATION to Extend Discovery Cut-Off Date to April 15, 2019 filed by Plaintiff William Dan Gotses. (Attachments: #1 Declaration, #2 Proposed Order)(Dardashti, Rachel)
February 21, 2019 Opinion or Order Filing 47 NOTICE OF LODGING filed re Stipulation for Protective Order #46 (Attachments: #1 Proposed Order)(Yang, Jason)
February 21, 2019 Opinion or Order Filing 46 Joint STIPULATION for Protective Order filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA.(Yang, Jason)
February 21, 2019 Opinion or Order Filing 45 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #44 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel 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)
February 20, 2019 Opinion or Order Filing 44 NOTICE of Appearance filed by attorney Rachel D Dardashti on behalf of Plaintiff William Dan Gotses (Attorney Rachel D Dardashti added to party William Dan Gotses(pty:pla))(Dardashti, Rachel)
February 6, 2019 Opinion or Order Filing 43 STIPULATION for Protective Order filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Attachments: #1 Proposed Order Stipulated Protective Order)(Yang, Jason)
October 30, 2018 Opinion or Order Filing 42 MINUTES OF STATUS CONFERENCE held before Judge Consuelo B. Marshall: The case is called and counsel state their appearance. The Court and counsel confer as stated on the record. Court Reporter: Miranda Algorri. (bm)
October 29, 2018 Opinion or Order Filing 41 NOTICE of Appearance filed by attorney Jason M Yang on behalf of Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA (Attorney Jason M Yang added to party US Bancorp(pty:dft), Attorney Jason M Yang added to party US Bancorp Insurance Services, LLC(pty:dft), Attorney Jason M Yang added to party US Bancorp Investments Inc(pty:dft), Attorney Jason M Yang added to party US Bank NA(pty:dft))(Yang, Jason)
October 25, 2018 Opinion or Order Filing 40 TEXT ONLY ENTRY ORDER by Judge Consuelo B. Marshall: On its own motion, the Court hereby ADVANCES the Status Conference to 8:00 AM on 10/30/2018. PLEASE NOTE TIME CHANGE ONLY.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
September 7, 2018 Opinion or Order Filing 39 ORDER/REFERRAL to ADR Procedure No 3 by Judge Consuelo B. Marshall. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. (bm)
September 7, 2018 Opinion or Order Filing 38 ORDER/REFERRAL to ADR Procedure No 3 by Judge Consuelo B. Marshall. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. (vv)
September 4, 2018 Opinion or Order Filing 37 REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Plaintiff William Dan Gotses(Reif, Brandon)
August 24, 2018 Opinion or Order Filing 36 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall: On the Court's own motion, the Scheduling Conference set for August 28, 2018, is taken off calendar. No appearances are necessary. The Court sets the following dates: Status Conference hearing: October 30, 2018, at 10:00 a.m., Fact discovery completion date: March 1, 2019, Initial Expert Disclosures shall be completed on or before April 1, 2019. Rebuttal Expert Disclosures shall be completed on or before June 3, 2019. Expert discovery shall be completed on or before June 17, 2019, Settlement conference shall be held on or before July 1, 2019. Last day for hearings on Motions shall be set for oral argument on or before September 3, 2019 at 10:00 a.m. Motions in Limine shall be set for oral argument on or before November 5, 2019 at 2:30 p.m. Pre Trial Conference is set on November 5, 2019 at 2:30 p.m. Jury Trial is set on January 14, 2020 at 10:00 a.m. (Est. 2 weeks). ADR-1 Form shall be filed on or before September 4, 2018. Initial Disclosures shall be completed on or before September 14, 2018. (bm)
August 21, 2018 Opinion or Order Filing 35 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8, filed by Plaintiff William Dan Gotses.. (Reif, Brandon)
July 5, 2018 Opinion or Order Filing 34 MINUTES [In Chambers] ORDER SETTING SCHEDULING CONFERENCE by Judge Consuelo B. Marshall: On the Courts own motion, this case is set for a Scheduling Conference on August 28, 2018 at 9:30 A. M. pursuant to FRCP 16(b). Counsel are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the Scheduling Conference. Counsel shall file a Rule 26(f) discovery plan no later than 7 days prior to the Scheduling Conference. The Rule 26(f) discovery plan shall contain the following: 1. The information required pursuant to the Court's Standing Order; 2. A brief description of the nature of the case and type of action filed and the date filed in the District Court; 3. The number of depositions to be taken by each side and the date the date the depositions are set; 4. The written discovery sought and date responses to interrogatories requests for production and requests for admissions are due; 5. Proposed timing of disclosures under Fed. R. Civ. Proc. 26(a)(2) re: expert witnesses, the number of experts expected to be called by each side, and the experts area of expertise; 6. Proposed Pre Trial Conference date; 7. Date Demand for Jury Trial was filed; 8. Prospects of Settlement; 9. Positions of counsel re: consent to proceed before a Magistrate-Judge; 10. A list of contemplated motions, including what type of motion, a tentative hearing date, and whether discovery must be conducted prior to the filing of the motions; and 11. Selection of one of the three ADR Procedures specified in L.R. 16-15.4 as best suited to the circumstances of the case, and when the ADR session should occur. A FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE IMPOSITION OF SANCTIONS. COUNSEL ARE REMINDED TO DELIVER ALL E-FILED MANDATORY COPIES. Court Reporter: Not Reported. (ab)
June 7, 2018 Opinion or Order Filing 33 ANSWER to Complaint (Attorney Civil Case Opening) #1 Defs US. BANCORP, U.S. BANCORP INSURANCE SERVICES, LLC's and U.S. BANK filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA.(Marchlewski, Theresa)
June 7, 2018 Opinion or Order Filing 32 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA.(Attorney Theresa M Marchlewski added to party US Bancorp(pty:dft), Attorney Theresa M Marchlewski added to party US Bancorp Insurance Services, LLC(pty:dft), Attorney Theresa M Marchlewski added to party US Bancorp Investments Inc(pty:dft), Attorney Theresa M Marchlewski added to party US Bank NA(pty:dft))(Marchlewski, Theresa)
May 24, 2018 Opinion or Order Filing 31 ORDER RE: DEFENDANTS' MOTION TO DISMISS OR IN THE ALTERNATIVE MOTION TO TRANSFER by Judge Consuelo B. Marshall denying #22 MOTION to Dismiss Case: Accordingly, the Court DENIES Defendants' Motion To Dismiss, and DENIES Defendants' Alternative Motion To Transfer. (see document for further details) (bm)
May 17, 2018 Opinion or Order Filing 30 TEXT ONLY ENTRY ORDER by Judge Consuelo B. Marshall: The Court finds that Defendants' MOTION to Dismiss or in the Alternative Motion To Transfer #22 currently scheduled for hearing on May 22, 2018, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary. A written order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
May 10, 2018 Opinion or Order Filing 29 TEXT ONLY ENTRY ORDER by Judge Consuelo B. Marshall: On the its own motion, the Court hereby continues Defendants' MOTION to Dismiss or in the Alternative Motion To Transfer #22 to 5/22/2018 at 2:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
May 1, 2018 Opinion or Order Filing 28 CERTIFICATE of Interested Parties filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA, identifying William Dan Gotses, Plaintiff; U.S. Bancorp, a Delaware corporation, Defendant; U.S. Bancorp Insurance Services, LLC, a Wisconsin limited liability company, Defendant; U.S. Bancorp Investments, Inc., a Delaware corporation, Defendant; U.S. Bank, a national bank association, Defendant. (Habashy, Christopher)
May 1, 2018 Opinion or Order Filing 27 REPLY in support of a motion First NOTICE OF MOTION AND MOTION to Dismiss Case Or In The Alternative Motion To Transfer #22 filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. (Attachments: #1 Declaration of George Fakier ISO Reply to Motion to Dismiss.pdf, #2 Declaration of Paul Reynolds ISO Reply to Motion to Dismiss)(Habashy, Christopher)
April 24, 2018 Opinion or Order Filing 26 DECLARATION of William Dan Gotses re Response in Opposition to Motion #25 filed by Plaintiff William Dan Gotses. (Attachments: #1 Exhibit 1 - Gotses Profile, #2 Exhibit 2-1 - Fakier Report, #3 Exhibit 2-2 - Mancuso Report, #4 Exhibit 2-3 - Ganuza Report, #5 Exhibit 2-4 - Arias Report, #6 Exhibit 3-1 - Helmkamp Report, #7 Exhibit 3-2 - Reynolds Report, #8 Exhibit 3-3 - Mitchell Report, #9 Exhibit 3-4 - Kastens Report, #10 Exhibit 3-5 - Benjamin Report)(Reif, Brandon)
April 24, 2018 Opinion or Order Filing 25 OPPOSITION to First NOTICE OF MOTION AND MOTION to Dismiss Case Or In The Alternative Motion To Transfer #22 filed by Plaintiff William Dan Gotses. (Reif, Brandon)
April 3, 2018 Opinion or Order Filing 24 ORDER GRANTING STIPULATION TO CONTINUE THE BRIEFING SCHEDULE AND HEARING DATE ON DEFENDANTS' MOTION TO DISMISS OR IN THE ALTERNATIVE TO CHANGE VENUE #23 by Judge Consuelo B. Marshall, re Stipulation to Continue, #23 : Defendants' Motion to Dismiss or In the Alternative to Change Venue shall be heard before this Court on May 15, 2018 at 10:00 a.m. and the opposition and reply deadlines shall be consistently continued. (bm)
April 1, 2018 Opinion or Order Filing 23 First STIPULATION to Continue hearing date and briefing schedule on motion to dismiss or to change venue from April 24, 2018 to May 15, 2018 Re: First NOTICE OF MOTION AND MOTION to Dismiss Case Or In The Alternative Motion To Transfer #22 filed by plaintiff William Dan Gotses. (Attachments: #1 Proposed Order continue hearing date and briefing schedule)(Reif, Brandon)
March 27, 2018 Opinion or Order Filing 22 First NOTICE OF MOTION AND MOTION to Dismiss Case Or In The Alternative Motion To Transfer filed by Defendants US Bancorp, US Bancorp Insurance Services, LLC, US Bancorp Investments Inc, US Bank NA. Motion set for hearing on 4/24/2018 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration of Christopher M. Habashy ISO Defs' Motion to Dismiss Or In The Alternative Motion to Transfer, #2 Declaration of Jon P. Gasik ISO Defs' Motion to Dismiss Or In The Alternative Motion to Transfer, #3 Proposed Order Granting Defs' Motion to Dismiss Or In The Alternative Motion to Transfer) (Habashy, Christopher)
March 26, 2018 Opinion or Order Filing 21 STANDING ORDER by Judge Consuelo B. Marshall. (SEE DOCUMENT FOR FURTHER DETAILS). (ab)
March 23, 2018 Opinion or Order Filing 20 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Charles F. Eick to Judge Consuelo B. Marshall for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Alexander F. MacKinnon. The case number will now reflect the initials of the transferee Judges 2:17-cv-08670 CBM(AFMx). (rn)
March 6, 2018 Opinion or Order Filing 19 First STIPULATION Extending Time to Answer the complaint as to US Bancorp Insurance Services, LLC answer now due 3/27/2018; US Bancorp Investments Inc answer now due 3/27/2018; US Bancorp answer now due 3/27/2018, filed by Defendant US Bancorp Insurance Services, LLC; US Bancorp Investments Inc; US Bancorp.(Attorney Christopher Habashy added to party US Bancorp(pty:dft), Attorney Christopher Habashy added to party US Bancorp Insurance Services, LLC(pty:dft), Attorney Christopher Habashy added to party US Bancorp Investments Inc(pty:dft))(Habashy, Christopher)
March 6, 2018 Opinion or Order Filing 18 First STIPULATION Extending Time to Answer the complaint as to US Bank NA answer now due 3/27/2018, filed by Defendant US Bank NA.(Attorney Christopher Habashy added to party US Bank NA(pty:dft))(Habashy, Christopher)
February 14, 2018 Opinion or Order Filing 17 PROOF OF SERVICE filed by Plaintiff William Dan Gotses, re Summons Issued (Attorney Civil Case Opening) #11 Proof Of Service Of Summons In A Civil Action, Civil Complaint, Initial Order Re Case Management, and Notice to Counsel served on 02/07/2014. (Reif, Brandon)
February 14, 2018 Opinion or Order Filing 16 PROOF OF SERVICE filed by Plaintiff William Dan Gotses, re Summons Issued (Attorney Civil Case Opening) #8 Proof Of Service Of Summons In A Civil Action, Civil Complaint, Initial Order Re Case Management, and Notice to Counsel served on 02/06/2014. (Reif, Brandon)
February 14, 2018 Opinion or Order Filing 15 PROOF OF SERVICE filed by Plaintiff William Dan Gotses, re Summons Issued (Attorney Civil Case Opening) #9 Proof Of Service Of Summons In A Civil Action, Civil Complaint, Initial Order Re Case Management, and Notice to Counsel served on 02/06/2014. (Reif, Brandon)
February 14, 2018 Opinion or Order Filing 14 PROOF OF SERVICE filed by Plaintiff William Dan Gotses, re Summons Issued (Attorney Civil Case Opening) #10 Proof Of Service Of Summons In A Civil Action, Civil Complaint, Initial Order Re Case Management, and Notice to Counsel served on U.S. BANCORP INSURANCE SERVICES, LLC, a Wisconsin limited liability company. (Reif, Brandon)
February 14, 2018 Opinion or Order Filing 13 NOTICE of Change of Attorney Business or Contact Information: for attorney Brandon Scott Reif counsel for Plaintiff William Dan Gotses. Changing Winget Spadafora & Schwartzberg LLP, 1900 Avenue Of The Stars, Suite 450, Los Angeles, CA 90067 to Reif Law Group, P.C., 10250 Constellation Blvd., Suite 100, Los Angeles, CA 90067. Changing Reif.B@wssllp.com to breif@reiflawgroup.com. Filed by Plaintiff William Dan Gotses. (Reif, Brandon)
December 1, 2017 Opinion or Order Filing 12 Initial ORDER Re Case Management by Magistrate Judge Charles F. Eick. (sp)
December 1, 2017 Opinion or Order Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant US Bank NA. (et)
December 1, 2017 Opinion or Order Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant US Bancorp Insurance Services, LLC. (et)
December 1, 2017 Opinion or Order Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant US Bancorp Investments Inc. (et)
December 1, 2017 Opinion or Order Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant US Bancorp. (et)
December 1, 2017 Opinion or Order Filing 7 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Charles F. Eick. (Attachments: #1 CV11- Statement of Consent) (et)
November 30, 2017 Opinion or Order Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff William Dan Gotses. (Reif, Brandon)
November 30, 2017 Opinion or Order Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff William Dan Gotses. (Reif, Brandon)
November 30, 2017 Opinion or Order Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff William Dan Gotses. (Reif, Brandon)
November 30, 2017 Opinion or Order Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff William Dan Gotses. (Reif, Brandon)
November 30, 2017 Opinion or Order Filing 2 CIVIL COVER SHEET filed by Plaintiff William Dan Gotses. (Reif, Brandon)
November 30, 2017 Opinion or Order Filing 1 COMPLAINT Receipt No: 0973-20903122 - Fee: $400, filed by Plaintiff William Dan Gotses. (Attachments: #1 Exhibit Exhibits to Complaint) (Attorney Brandon Scott Reif added to party William Dan Gotses(pty:pla))(Reif, Brandon)

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Search for this case: William Dan Gotses v. US Bancorp et al
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Plaintiff: William Dan Gotses
Represented By: Rebecca E MacLaren
Represented By: Brandon Scott Reif
Represented By: Rachel D Dardashti
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Defendant: US Bank NA
Represented By: Christopher Habashy
Represented By: Theresa M Marchlewski
Represented By: Jason M Yang
Represented By: Shaina L Kinsberg
Represented By: Steven M Phillips
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Defendant: Does 1 through 10
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Defendant: US Bancorp Investments Inc
Represented By: Christopher Habashy
Represented By: Theresa M Marchlewski
Represented By: Jason M Yang
Represented By: Shaina L Kinsberg
Represented By: Steven M Phillips
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Defendant: US Bancorp
Represented By: Christopher Habashy
Represented By: Theresa M Marchlewski
Represented By: Jason M Yang
Represented By: Shaina L Kinsberg
Represented By: Steven M Phillips
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Defendant: US Bancorp Insurance Services, LLC
Represented By: Christopher Habashy
Represented By: Theresa M Marchlewski
Represented By: Jason M Yang
Represented By: Shaina L Kinsberg
Represented By: Steven M Phillips
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