Jay McClure v. National Railroad Passenger Corporation
| Jay McClure |
| National Railroad Passenger Corporation dba Amtrak, Does 1 through 20, inclusive, National Railroad Passenger Corporation and National Railroad Passenger Corporation a District of Columbia Corporation doing business as Amtrak |
| 2:2019cv07699 |
| September 5, 2019 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Jean P Rosenbluth |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal - Employment Discrimination |
| Both |
Docket Report
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Filing 97
AMENDED SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. On the Court's own motion, a Telephonic Status Conference is set for March 21, 2023 at 11:30 a.m. 96 . Conference Call Number: (877) 411-9748; Access Code: 6448503. IT SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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Filing 96
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. On the Court's own motion, a Telephone Status Conference is set for 3/21/2023 at 11:30 AM before Judge Michael W. Fitzgerald. TI IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 95 TRIAL BRIEF re: Defense Affirmative Defenses and Defendant's Proposed Special Verdict Form filed by Plaintiff Jay McClure.. (Attachments: #1 Exhibit 1)(Roston, Matthew) |
| Filing 94 OPPOSITION to MOTION IN LIMINE (#3) to Exclude Denyse Nelson-Burney #90 filed by Plaintiff Jay McClure. (Roston, Matthew) |
| Filing 93 OPPOSITION to MOTION IN LIMINE (#2) to Exclude Reference to Whether and to What Extent Amtrak Complied with Any Terms of the CBA #88 filed by Plaintiff Jay McClure. (Roston, Matthew) |
| Filing 92 MEMORANDUM in Opposition to MOTION IN LIMINE 5 to Preclude Non-disclosed witnesses #87 filed by Defendant National Railroad Passenger Corporation. (Attachments: #1 Declaration of Shahram Samie, #2 Exhibit A)(Charles, Brandie) |
| Filing 91 Notice of Appearance or Withdrawal of Counsel: for attorney Sevag M Shirvanian counsel for Defendant National Railroad Passenger Corporation. Sevag M. Shirvanian is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant National Railroad Passenger Corporation dba Amtrak. (Shirvanian, Sevag) |
| Filing 90 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Denyse Nelson-Burney filed by defendant National Railroad Passenger Corporation. Motion set for hearing on 3/27/2023 at 11:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum, #2 Declaration Shahram Samie, #3 Proposed Order)(Samie, Shahram) |
| Filing 89 REQUEST FOR JUDICIAL NOTICE re MOTION IN LIMINE (#2) to Exclude Reference to Whether and to What Extent Amtrak Complied with Any Terms of the CBA #88 filed by Defendant National Railroad Passenger Corporation. (Samie, Shahram) |
| Filing 88 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Reference to Whether and to What Extent Amtrak Complied with Any Terms of the CBA filed by defendant National Railroad Passenger Corporation. Motion set for hearing on 3/27/2023 at 11:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum, #2 Declaration of Shahram Samie, #3 Proposed Order)(Samie, Shahram) |
| Filing 87 NOTICE OF MOTION AND MOTION IN LIMINE 5 to Preclude Non-disclosed witnesses filed by Plaintiff Jay McClure. Motion set for hearing on 3/27/2023 at 11:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration Matthew E. Roston, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Roston, Matthew) |
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Filing 86
SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. On the Court's own motion and after conferring with counsel, the Pretrial Conference and Hearing on the Motions in Limine is continued to 3/27/2023 at 11:00 AM and the Jury Trial is continued to April 18, 2023 at 8:30 AM before Judge Michael W. Fitzgerald. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 85 MINUTES OF ZOOM STATUS CONFERENCE held before Judge Michael W. Fitzgerald. The Court discusses the upcoming trial date with counsel. For the reasons stated on the record, counsel should confer regarding trial which is currently set for August 30, 2022 and this Court's unavailability on that date. Court Reporter: Amy Diaz. (iv) |
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Filing 84
SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. On the Court's own motion, the Pretrial Conference and hearing on the Motions in Limine set for August 8, 2022 is taken off calendar. The Court sets a Zoom Status Conference set for 8/8/2022 at 10:30 AM before Judge Michael W. Fitzgerald. https://cacd-uscourts.zoomgov.com/j/1612438466?pwd=Slg5cFcwVU5KWXR0dis4U2pnTWtNdz09; Webinar ID: 161 243 8466; Passcode: 860567. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 83 Proposed Voir Dire Questions filed by Defendant National Railroad Passenger Corporation.. (Samie, Shahram) |
| Filing 82 PROPOSED SPECIAL JURY VERDICT filed by Defendant National Railroad Passenger Corporation. (Samie, Shahram) |
| Filing 81 DECLARATION of Matthew E. Roston re Jury Instructions (Proposed) #79 filed by Plaintiff Jay McClure. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Roston, Matthew) |
| Filing 80 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Jay McClure. (Attachments: #1 Exhibit A - Proposed Joint Pretrial Conference Order)(Roston, Matthew) |
| Filing 79 PROPOSED JURY INSTRUCTIONS filed by Defendant National Railroad Passenger Corporation.. (Samie, Shahram) |
| Filing 78 PROPOSED JURY INSTRUCTIONS filed by (JOINT) National Railroad Passenger Corporation.. (Samie, Shahram) |
| Filing 77 STATEMENT OF THE CASE filed by Defendant National Railroad Passenger Corporation (Proposed by Defendant) (Samie, Shahram) |
| Filing 76 MEMORANDUM in Opposition to MOTION IN LIMINE (#1) to Exclude REFERENCE TO DISMISSED CLAIMS #63 filed by Plaintiff Jay McClure. (Attachments: #1 Declaration Matthew E. Roston, #2 Exhibit A, #3 Exhibit B)(Roston, Matthew) |
| Filing 75 PROPOSED JURY INSTRUCTIONS filed by Plaintiff Jay McClure.. (Roston, Matthew) |
| Filing 74 MEMORANDUM in Opposition to MOTION IN LIMINE 3 to Exclude Evidence/argument that Plaintiff was not disabled #61 filed by Defendant National Railroad Passenger Corporation. (Samie, Shahram) |
| Filing 73 MEMORANDUM in Opposition to MOTION IN LIMINE 2 to Exclude Testimony of Defense Expert Peter Wrobel #60 filed by Defendant National Railroad Passenger Corporation. (Samie, Shahram) |
| Filing 72 STATEMENT Of the Case (proposed by Plaintiff) filed by Plaintiff Jay McClure (Roston, Matthew) |
| Filing 71 MEMORANDUM in Opposition to MOTION IN LIMINE 1 to Exclude Post-Termination Appeals #59 filed by Defendant National Railroad Passenger Corporation. (Attachments: #1 Declaration of Brandie Charles)(Samie, Shahram) |
| Filing 70 PROPOSED SPECIAL JURY VERDICT filed by Plaintiff Jay McClure. (Roston, Matthew) |
| Filing 69 Proposed Voir Dire Questions filed by Plaintiff Jay McClure.. (Roston, Matthew) |
| Filing 68 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #67 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of 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) |
| Filing 67 NOTICE of Appearance filed by attorney Shahram Samie on behalf of Defendant National Railroad Passenger Corporation (Attorney Shahram Samie added to party National Railroad Passenger Corporation(pty:dft))(Samie, Shahram) |
| Filing 66 Witness List filed by Defendant National Railroad Passenger Corporation.. (Charles, Brandie) |
| Filing 65 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant National Railroad Passenger Corporation. (Charles, Brandie) |
| Filing 64 JOINT Exhibit List filed by Defendant National Railroad Passenger Corporation.. (Charles, Brandie) |
| Filing 63 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude REFERENCE TO DISMISSED CLAIMS filed by Defendant National Railroad Passenger Corporation. Motion set for hearing on 8/30/2022 at 11:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Brandie Charles, #3 Proposed Order)(Charles, Brandie) |
| Filing 62 Witness List filed by Plaintiff Jay McClure.. (Roston, Matthew) |
| Filing 61 NOTICE OF MOTION AND MOTION IN LIMINE 3 to Exclude Evidence/argument that Plaintiff was not disabled filed by Plaintiff Jay McClure. Motion set for hearing on 8/8/2022 at 11:00 AM before Judge Michael W. Fitzgerald.(Roston, Matthew) |
| Filing 60 NOTICE OF MOTION AND MOTION IN LIMINE 2 to Exclude Testimony of Defense Expert Peter Wrobel filed by Plaintiff Jay McClure. Motion set for hearing on 8/8/2022 at 11:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration Matthew E. Roston, #2 Exhibit 1)(Roston, Matthew) |
| Filing 59 NOTICE OF MOTION AND MOTION IN LIMINE 1 to Exclude Post-Termination Appeals filed by Plaintiff Jay McClure. Motion set for hearing on 8/8/2022 at 11:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration Matthew E. Roston, #2 Exhibit 1, #3 Exhibit 2)(Roston, Matthew) |
| Filing 58 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Jay McClure. (Roston, Matthew) |
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Filing 57
ORDER Granting Joint Stipulation and Application to Continue Trial Date and Deadlines in Scheduling Order by Judge Michael W. Fitzgerald. GOOD CAUSE APPEARING, the Court hereby GRANTS the Parties' Joint Stipulation and Application to Continue Trial Date and Deadlines in Scheduling Order as follows: 1. The trial date in this matter, currently scheduled for June 21, 2022, is continued to August 30, 2022, at 8:30 a.m.; 2. The final pre-trial conference in this matter, currently scheduled for May 30, 2022, is continued to August 8, 2022, at 11 :00 a.m.; 3. All corresponding remaining pre-trial dates, including, but not limited to expert discovery disclosure deadlines and cut-off date, whether set automatically b statute or specifically by the Court, are continued as set forth on the Revised Schedul of Pre-Trial and Trial Dates, attached hereto as Exhibit A. IT IS SO ORDERED. re Stipulation to Continue #56 (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 56 Joint STIPULATION to Continue Trial Date from June 21, 2022 to August 30, 2022 filed by Plaintiff Jay McClure. (Attachments: #1 Exhibit A, #2 Proposed Order)(Roston, Matthew) |
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Filing 55
ORDER GRANTING JOINT STIPULATION AND APPLICATION TO CONTINUE TRIAL DATE AND DEADLINES IN SCHEDULING ORDER #54 by Judge Michael W. Fitzgerald. Final Pretrial Conference set for 6/6/2022 at 11:00 AM before Judge Michael W. Fitzgerald. Jury Trial set for 6/21/2022 at 8:30 AM before Judge Michael W. Fitzgerald. SEE ORDER FOR DETAILS. (iv)
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| Filing 54 Joint STIPULATION to Continue Trial from February 22, 2022 to June 21, 2022 filed by Defendant National Railroad Passenger Corporation. (Attachments: #1 Proposed Order Granting Joint Stipulation to Continue Trial Date and Deadlines in Scheduling Order)(Shirvanian, Sevag) |
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Filing 53
MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT #28 ; DEFENDANT'S MOTION FOR SUMMARY JUDGMENT #30 by Judge Michael W. Fitzgerald. Amtrak's Motion is GRANTED with respect to Plaintiff's failure to accommodate, failure to engage in the interactive process, and punitive damages claims. Amtrak's Motion is DENIED with respect to Plaintiff's disability discrimination claim. Plaintiff's Motion is DENIED with respect to Plaintiffs failure to accommodateand failure to engage in the interactive process claims. Plaintiff's Motion is also DENIED with respect to Plaintiffs disability discrimination claim. However, Plaintiff's Motion is GRANTED with respect to the fact that Plaintiff was suffering from a disability at the time of the Violation. (iv)
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Filing 52
ORDER GRANTING JOINT STIPULATION AND APPLICATION TO CONTINUE TRIAL DATE AND DEADLINES IN SCHEDULING ORDER #51 by Judge Michael W. Fitzgerald. Final Pretrial Conference and hearing on motions in limine set for 1/31/2022 at 11:00 AM. Jury Trial set for 2/22/2022 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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| Filing 51 Joint STIPULATION to Continue Trial from August 24, 2021 to February 22, 2022 Re: Text Only Scheduling Notice,,,,,, 48 filed by Defendant National Railroad Passenger Corporation. (Attachments: #1 Declaration of Sevag M. Shirvanian in Support of Joint Stipulation and Application to Continue Trial Date and Deadlines in Scheduling Order, #2 Proposed Order)(Shirvanian, Sevag) |
| Filing 50 MINUTES OF TELEPHONIC HEARING: PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT #28 ; DEFENDANT NATIONAL RAILROAD PASSENGER CORPORATION'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT #30 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv) |
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Filing 49
SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-07, PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT #28 DEFENDANT NATIONAL RAILROAD PASSENGER CORPORATION'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT #30 set for June 7, 2021 will be held telephonically at 10:30 a.m. Counsel shall use the following conference call information: Number: (888) 363-4734; Access Code: 5200572. Counsel are ordered to remain available from 10:30 a.m. - 11:30 a.m. Any tentative ruling the Court may prepare, will be emailed to counsel prior to the hearing. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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Filing 48
ORDER by Judge Michael W. Fitzgerald. The Court has reviewed the parties' Joint Stipulation and Application to Continue Expert Discovery Deadline #46 ("Stipulation") filed 5/27/2021. The Court notes that the current Final Pretrial Conference and Jury Trial dates are 8/9/2021 and 8/24/2021, respectively. The Stipulation is DENIED without prejudice. The parties are ORDERED to meet and confer, and submit a new stipulation and proposed order that addresses all of the remaining pretrial, Rule 16, Final Pretrial Conference and Jury Trial deadlines and dates, based on a trial date after January 2022. Alternatively, the parties may stipulate and consent to a video court trial. If all parties wish to so proceed, they should file a stipulation waiving their right to a jury trial and consenting to a video Court trial, along with their proposed dates. Lastly, the parties may seek to proceed before a Magistrate Judge for all further proceedings. Information regarding the Voluntary Consent List of Civil Cases to Magistrate Judges Program can be found here: http://www.cacd.uscourts.gov/judges-requirements/court-programs/voluntary-consent-list-civil-cases-magistrate-judges-program. If the parties choose to proceed with a Magistrate Judge, they shall file a completed Form CV-11D pursuant to the instructions on the webpage. The parties are to advise the Court how they wish to proceed no later than 6/11/2021 as set forth above. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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| Filing 47 NOTICE OF ERRATA filed by Defendant National Railroad Passenger Corporation. correcting Reply (Motion related), #44 , Reply (Motion related),, #43 Notice of Errata (Correction to Titles on Caption Pages Only) Regarding Defendant National Railroad Passenger Corporation's Reply Brief in Support of Its Motion for Summary Judgment (Shirvanian, Sevag) |
| Filing 46 Joint STIPULATION to Continue Expert Discovery Deadline from June 4, 2021 to July 9, 2021 filed by Defendant National Railroad Passenger Corporation. (Attachments: #1 Declaration of Sevag M. Shirvanian in Support of Joint Stipulation and Application to Continue Expert Discovery Deadline, #2 Proposed Order)(Shirvanian, Sevag) |
| Filing 45 REPLY in support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's three causes of action or required elements thereo #28 filed by Plaintiff Jay McClure. (Roston, Matthew) |
| Filing 44 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to all Causes of Action #30 filed by Defendant National Railroad Passenger Corporation. (Attachments: #1 Defendant's Evidentiary Objections in Support of Reply to Plaintiff's Opposition to Defednant's MSJ, #2 Defendant's Response to Plaintiff's Additional Facts in Opposition to Defendant's MSJ)(Shirvanian, Sevag) |
| Filing 43 REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to all Causes of Action #30 filed by Defendant National Railroad Passenger Corporation. (Attachments: #1 Defendant's Statement of Genuine Issues of Fact and Law in Opposition to Plaintiff's Statement of Genuine Issues of Fact and Law, #2 Defendant's Evidentiary Objections to Plaintiff's Evidentiary Objections to Plantiff's Evidence ISO His Opposition to Defendant's MSJ)(Shirvanian, Sevag) |
| Filing 42 Opposition in Opposition to re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's three causes of action or required elements thereo #28 Statement of Genuine Issues of Fact and Law filed by Defendant National Railroad Passenger Corporation. (Shirvanian, Sevag) |
| Filing 41 Objection in opposition to re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's three causes of action or required elements thereo #28 Objection to Evidence Submitted byPlaintiff filed by Defendant National Railroad Passenger Corporation. (Shirvanian, Sevag) |
| Filing 40 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's three causes of action or required elements thereo #28 filed by Defendant National Railroad Passenger Corporation. (Attachments: #1 Declaration of Brandie Charles, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Shirvanian, Sevag) |
| Filing 39 Evidentiary Objections in opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to all Causes of Action #30 filed by Plaintiff Jay McClure. (Roston, Matthew) |
| Filing 38 STATEMENT of Controverted Facts NOTICE OF MOTION AND MOTION for Summary Judgment as to all Causes of Action #30 filed by Plaintiff Jay McClure. (Roston, Matthew) |
| Filing 37 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to all Causes of Action #30 filed by Plaintiff Jay McClure. (Attachments: #1 Declaration Jay McClure, #2 Declaration Matthew Roston, #3 Exhibit Exhibit S, #4 Exhibit Exhibit T, #5 Exhibit Exhibit U, #6 Exhibit Exhibit V)(Roston, Matthew) |
| Filing 36 STATEMENT of CORRECTED Statement of Uncontroverted Facts NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's three causes of action or required elements thereo #28 filed by Plaintiff Jay McClure. (Roston, Matthew) |
| Filing 35 NOTICE OF ERRATA filed by Plaintiff Jay McClure. correcting NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's three causes of action or required elements thereo #28 , Statement (Motion related), #29 (Attachments: #1 Exhibit 3 - corrected, #2 Exhibit 4- corrected)(Roston, Matthew) |
| Filing 34 DECLARATION of Denia Kramer in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to all Causes of Action #30 CORRECTED filed by Defendant National Railroad Passenger Corporation. (Attachments: #1 Exhibit A)(Shirvanian, Sevag) |
| Filing 33 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment as to all Causes of Action #30 (Attachments: #1 Proposed Judgment)(Shirvanian, Sevag) |
| Filing 32 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment as to all Causes of Action #30 (Attachments: #1 Proposed Order)(Shirvanian, Sevag) |
| Filing 31 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment as to all Causes of Action #30 (Attachments: #1 Statement of Uncontroverted Statements of Fact and Conclusions of Law In Support of Defendant's Motion For Summary Judgment or In The Alternative Partial Summary Judgment)(Shirvanian, Sevag) |
| Filing 30 NOTICE OF MOTION AND MOTION for Summary Judgment as to all Causes of Action filed by Defednant National Railroad Passenger Corporation. Motion set for hearing on 6/7/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum, #2 Declaration of Brandie Charles, #3 Exhibit A, #4 Exhibit B, #5 Declaration of Denia Kramer, #6 Exhibit A, #7 Declaration of Denyse Nelson-Burney, #8 Exhibit A, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F, #14 Exhibit G, #15 Exhibit H, #16 Exhibit I, #17 Exhibit J, #18 Exhibit K) (Shirvanian, Sevag) |
| Filing 29 STATEMENT of Uncontroverted Facts in Support of Plaintiff's Motion for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's three causes of action or required elements thereo #28 filed by Plaintiff Jay McClure. (Roston, Matthew) |
| Filing 28 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's three causes of action or required elements thereo filed by Plaintiff Jay McClure. Motion set for hearing on 6/7/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration Declaration of Mark McDonald, M.D., #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Declaration Declaration of Laura Hodge, #5 Exhibit Exhibit C, #6 Declaration Declaration of Matthew E. Roston, #7 Exhibit Exhibit D, #8 Exhibit Exhibit E, #9 Exhibit Exhibit F, #10 Exhibit Exhibit G, #11 Exhibit Exhibit H, #12 Exhibit Exhibit I, #13 Exhibit Exhibit J, #14 Exhibit Exhibit K, #15 Exhibit Exhibit L, #16 Exhibit Exhibit M, #17 Exhibit Exhibit N, #18 Exhibit Exhibit O, #19 Exhibit Exhibit P, #20 Exhibit Exhibit Q, #21 Exhibit Exhibit R, #22 Declaration Declaration of Jay McClure, #23 Exhibit Exhibit 1, #24 Exhibit Exhibit 2, #25 Exhibit Exhibit 3, #26 Exhibit Exhibit 4, #27 Exhibit Exhibit 5, #28 Exhibit Exhibit 6, #29 Exhibit Exhibit 7, #30 Exhibit Exhibit 8, #31 Exhibit Exhibit 9, #32 Exhibit Exhibit 10, #33 Exhibit Exhibit 11, #34 Exhibit Exhibit 12, #35 Proposed Judgment, #36 Proof of service) (Roston, Matthew) |
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Filing 27
ORDER GRANTING JOINT STIPULATION AND APPLICATION TO CONTINUE TRIAL DATE AND DEADLINES IN SCHEDULING ORDER #26 by Judge Michael W. Fitzgerald. Final Pretrial Conference and Hearing on Motions in Limine August 9, 2021, at 11:00 a.m. Jury Trial August 24, 2021, at 8:30 a.m. SEE ORDER FOR DETAILS. (iv)
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| Filing 26 Joint STIPULATION to Continue Trial and Trial Related Dates from 07-20-2021 to 08-24-2021 filed by Defendant National Railroad Passenger Corporation. (Attachments: #1 Exhibit A, #2 Declaration of Sevag Shirvanian, #3 Proposed Order)(Shirvanian, Sevag) |
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Filing 25
ORDER GRANTING JOINT STIPULATION AND APPLICATION TO CONTINUE TRIAL DATE AND DEADLINES IN SCHEDULING ORDER #24 by Judge Michael W. Fitzgerald. Final Pretrial Conference and Hearing on Motions in Limine June 28, 2021, at 11:00 a.m. Jury Trial July 20, 2021, at 8:30 a.m. SEE ORDER FOR DETAILS. (iv)
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| Filing 24 Joint STIPULATION to Continue Trial Date from June 15, 2021 to July 20, 2021 filed by Defendant National Railroad Passenger Corporation. (Attachments: #1 Declaration of Sevag M. Shirvanian, #2 Proposed Order Granting Joint Stipulation and Application to Continue Trial Date and Deadlines in Scheduling Order)(Shirvanian, Sevag) |
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Filing 23
ORDER GRANTING JOINT STIPULATION AND APPLICATION TO CONTINUE TRIAL DATE AND DEADLINES IN SCHEDULING ORDER #22 by Judge Michael W. Fitzgerald. Final Pretrial Conference and Hearing on Motions in Limine: May 24, 2021, at 11:00 a.m. Jury Trial: June 15, 2021, at 8:30 a.m. SEE ORDER FOR DETAILS. (iv)
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| Filing 22 Joint STIPULATION to Continue Trial from May 11, 2021 to June 15, 2021 filed by Defendant National Railroad Passenger Corporation. (Attachments: #1 Proposed Order to Continue Trial Date and Deadlines in Scheduling Order, #2 Declaration of Sevag M. Shirvanian ISO Joint Stipulation and Application to Continue Trial Date and Deadlines in Scheduling Order)(Shirvanian, Sevag) |
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Filing 21
ORDER GRANTING JOINT STIPULATION AND APPLICATION TO CONTINUE TRIAL DATE AND DEADLINES IN SCHEDULING ORDER #20 by Judge Michael W. Fitzgerald. Final Pretrial Conference and Hearing on Motions in Limine April 19, 2021, at 11:00 a.m. Trial Date (Est. 5 to 7 Days) May 11, 2021, at 8:30 a.m. SEE ORDER FOR DETAILS. (iv)
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| Filing 20 STIPULATION to Continue Trial from March 9, 2021 to May 11, 2021 filed by Plaintiff Jay McClure. (Attachments: #1 Declaration Matthew E. Roston, #2 Exhibit A, #3 Proposed Order)(Roston, Matthew) |
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Filing 19
ORDER GRANTING JOINT STIPULATION AND APPLICATION TO CONTINUE TRIAL DATE AND DEADLINES IN SCHEDULING ORDER #18 by Judge Michael W. Fitzgerald. The Final Pretrial Conference in this matter, currently scheduled for November 16, 2020, is continued to February 22, 2021, at 11:00 a.m. and The Jury Trial in this matter, is continued to March 9, 2021, at 8:30 a.m. SEE ORDER FOR DETAILS. (iv)
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| Filing 18 Joint STIPULATION to Continue Trial Date and Deadlines in Scheduling Order from December 8, 2020 to March 9, 2021 Re: Pretrial-Trial Scheduling Order - form only,, #16 filed by Defendant National Railroad Passenger Corporation. (Attachments: #1 Declaration of Sevag M. Shirvanian in Support of Joint Stipulation and Application to Continue Trial Date and Deadlines in Scheduling Order, #2 Proposed Order Granting Joint Stipulation and Application to Continue Trial Date and Deadlines in Scheduling Order)(Shirvanian, Sevag) |
| Filing 17 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Jeff Krivis may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Defendant National Railroad Passenger Corporation(Shirvanian, Sevag) |
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Filing 16
ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald. Last Day to Add Parties/Amend Pleadings 3/2/2020. Non-expert Discovery Cut-off 8/11/2020. Last Day to Hear Motions 9/14/2020. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine 10/26/2020. Final Pretrial Conference and Hearing on Motions in Limine set for 11/16/2020 at 11:00 AM. Trial Date (Est. 5- 7 Days) set for 12/8/2020 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 15
ORDER/REFERRAL to ADR Procedure No 3 by Judge Michael W. Fitzgerald. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 9/21/2020. (iv)
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| Filing 14 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, the Scheduling Conference set for December 2, 2019 is vacated. The Court will issue a separate order with all dates and deadlines. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY |
| Filing 13 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Defendant National Railroad Passenger Corporation.. (Shirvanian, Sevag) |
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Filing 12
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference on 12/2/2019 at 11:00 AM. (iv)
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| Filing 11 PROOF OF SERVICE filed by Defendant National Railroad Passenger Corporation, re Notice of Assignment to United States Judges(CV-18) - optional html form #8 served on 9/9/19. (Shirvanian, Sevag) |
| Filing 10 PROOF OF SERVICE filed by Defendant National Railroad Passenger Corporation, re Certificate/Notice of Interested Parties, #5 , Notice (Other), #2 , Civil Cover Sheet (CV-71) #1 , Corporate Disclosure Statement #3 , Notice of Related Case(s) #4 served on September 6, 2019. (Shirvanian, Sevag) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Jean P. Rosenbluth. (lh) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice (Other), #2 . The following error(s) was found: A claim initiating document was filed using a non-claim initiating event in CM/ECF. As a result, the case was not properly classified in the CM/ECF system. The error has been corrected by re-docketing the claim initiating document using the correct event. You are not required to take any action to correct this deficiency unless the Court so directs. (lh) |
| Filing 6 ***DOCKET BY CLERK*** NOTICE OF REMOVAL from Superior Court of California, County of Los Angeles, case number 19STCV25710 Receipt No: 0973-24386161 - Fee:$400, filed by Defendant National Railroad Passenger Corporation. (Attachments: #1 Declaration of Sevag Shirvanian, #2 Exhibit A - Summons, Complaint,Civil Cover Sheet and Addendum and Notice of Case Assignment, #3 Exhibit B - Notice of Case Management Conference, #4 Exhibit C - Conformed Copy of Answer, #5 Declaration of Patricia Boggs, #6 Declaration of Abigail Johnson) (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 20, National Railroad Passenger Corporation. Jury Demanded, filed by Plaintiff Jay McClure. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/23/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF ANSWER to Complaint, filed by Defendant National Railroad Passenger Corporation. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 9/04/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh) |
| Filing 5 Defendant National Railroad Passenger Corporation's Certification and NOTICE of Interested Parties filed by Defendant National Railroad Passenger Corporation dba Amtrak, identifying Jay McClure, National Railroad Passenger Corporation dba Amtrak, Matthew E. Roston, Roston Law Group, APC. Littler Mendelson, P.C.. (Attorney Sevag M Shirvanian added to party National Railroad Passenger Corporation dba Amtrak(pty:dft))(Shirvanian, Sevag) |
| Filing 4 NOTICE of Related Case(s) filed by Defendant National Railroad Passenger Corporation dba Amtrak. (Shirvanian, Sevag) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant National Railroad Passenger Corporation dba Amtrak (Shirvanian, Sevag) |
| Filing 2 NOTICE of Removal of Civil Action filed by Defendant National Railroad Passenger Corporation dba Amtrak. (Attachments: #1 Declaration of Sevag Shirvanian, #2 Exhibit A - Summons, Complaint,Civil Cover Sheet and Addendum and Notice of Case Assignment, #3 Exhibit B - Notice of Case Management Conference, #4 Exhibit C - Conformed Copy of Answer, #5 Declaration of Patricia Boggs, #6 Declaration of Abigail Johnson)(Shirvanian, Sevag) |
| Filing 1 CIVIL COVER SHEET filed by Defendant National Railroad Passenger Corporation dba Amtrak. (Shirvanian, Sevag) |
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