Lowry McCray v. Westrock Services, LLC et al
| Lowry McCray |
| Westrock Services, LLC and Does 1 through 30, inclusive |
| 2:2021cv09853 |
| December 22, 2021 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Rozella A Oliver |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal - Employment Discrimination |
| Plaintiff |
Docket Report
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| Filing 185 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stipulation of counsel and/or by Order of the Court, all exhibits listed on the joint exhibits list are returned to counsel for respective party(ies). (gk) |
| Filing 184 JUDGMENT ON THE VERDICT FOR THE PLAINTIFF(S) by Judge Dolly M. Gee: This action came on for jury trial, the Honorable Dolly M. Gee, District Judge, presiding, and the issues having been duly tried and the jury having duly rendered its verdict, IT IS ORDERED AND ADJUDGED that the plaintiff Lowry McCray recover of the defendant Westrock Services, LLC the sum of $9,461,000. (MD JS-6, Case Terminated). (gk) |
| Filing 183 LIST OF EXHIBITS AND WITNESSES at trial. (gk) |
| Filing 182 UNREDACTED VERDICT FORM - Phase II Re: Redacted Verdict Form #181 . (gk) |
| Filing 181 REDACTED VERDICT FORM - Phase II. (gk) |
| Filing 180 VERDICT FORM - Phase II (Blank). (gk) |
| Filing 179 UNREDACTED Jury Note Number 4 - Phase 2 filed Re: Redacted Jury Note #178 . (gk) |
| Filing 178 REDACTED Jury Note Number 4 - Phase 2 filed. (gk) |
| Filing 177 UNREDACTED Jury Note Number 3 - Phase 2 filed Re: Redacted Jury Note #176 . (gk) |
| Filing 176 REDACTED Jury Note Number 3 - Phase 2 filed. (gk) |
| Filing 175 FINAL INSTRUCTIONS - Phase II (Given) by Judge Dolly M. Gee. (gk) |
| Filing 174 UNREDACTED VERDICT FORM Re: Redacted Verdict Form #173 . (gk) |
| Filing 173 REDACTED VERDICT FORM. (gk) |
| Filing 172 VERDICT FORM (Blank). (gk) |
| Filing 171 UNREDACTED Jury Note Number 2 filed Re: Redacted Jury Note #170 . (gk) |
| Filing 170 REDACTED Jury Note Number 2 filed. (gk) |
| Filing 169 UNREDACTED Jury Note Number 1 filed Re: Redacted Jury Note #168 . (gk) |
| Filing 168 REDACTED Jury Note Number 1 filed. (gk) |
| Filing 167 CONFIRMATION OF EXHIBIT REVIEW AND AUTHORIZATION TO SUBMIT EXHIBITS TO JURY. (gk) |
| Filing 166 FINAL INSTRUCTIONS (Given) by Judge Dolly M. Gee. (gk) |
| Filing 165 PRELIMINARY INSTRUCTIONS (Given) by Judge Dolly M. Gee. (gk) |
| Filing 164 MINUTES OF Jury Trial - 8th Day held and completed before Judge Dolly M. Gee: Exhibits identified and admitted. Jury Verdict in favor of plaintiff(s) is read and filed. Jury polled. Filed Witness & Exhibit Lists. Filed jury notes. Filed jury instructions. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury/Court for deliberation/findings. The Court receives jury note nos. 1-2, and meets and confers with counsel as to each. A verdict was rendered in Phase I. Phase II: The Court receives jury note nos. 3-4, and meets and confers with counsel as to each. A verdict was rendered in Phase II. Court Reporter: Amy Diaz. (gk) |
| Filing 163 MINUTES OF Jury Trial - 7th Day held before Judge Dolly M. Gee: Closing arguments made. Court instructs jury. Bailiff(s) sworn. Jury retires to deliberate. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury/Court for deliberation/findings. Jury Trial continued to 8/24/2023 09:00 AM before Judge Dolly M. Gee. Court Reporter: Amy Diaz. (gk) |
Filing 161
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The jury trial on August 23, 2023 is hereby advanced from 1:00 p.m. to 12:30 p.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 162 MINUTES OF Jury Trial - 6th Day held before Judge Dolly M. Gee: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff(s) rest. Defendant(s) rest. After argument, the Court DENIES Defendant's motion for judgment as a matter of law under Rule 50(a) #159 . The Court GRANTS Plaintiff's unopposed voluntary dismissal of the Wrongful Discharge in Violation of Public Policy claim. Jury Trial continued to 8/23/2023 12:30 PM before Judge Dolly M. Gee. Court Reporter: Amy Diaz. (gk) |
| Filing 159 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: FRCP Rule 50(a) filed by defendant Westrock Services, LLC. (Delanoy, Talia) |
| Filing 160 MINUTES OF Jury Trial - 5th Day held before Judge Dolly M. Gee: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 8/22/2023 09:00 AM before Judge Dolly M. Gee. Court Reporter: Amy Diaz. (gk) |
| Filing 158 MINUTES OF Jury Trial - 4th Day held before Judge Dolly M. Gee: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 8/21/2023 09:00 AM before Judge Dolly M. Gee. Court Reporter: Amy Diaz. (gk) |
| Filing 157 MINUTES OF Jury Trial - 3rd Day held before Judge Dolly M. Gee: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 8/18/2023 09:00 AM before Judge Dolly M. Gee. Court Reporter: Amy Diaz. (rolm) |
| Filing 156 MINUTES OF Jury Trial - 2nd Day held before Judge Dolly M. Gee: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 8/17/2023 09:00 AM before Judge Dolly M. Gee. Court Reporter: Amy Diaz. (rolm) |
| Filing 155 MINUTES OF Jury Trial - 1st Day held before Judge Dolly M. Gee: Jury impaneled and sworn. Opening statements made by Plaintiff/Defendant. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 8/16/2023 09:00 AM before Judge Dolly M. Gee. Court Reporter: Amy Diaz. (rolm) |
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Filing 154
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT WESTROCK SERVICES, LLC'S EX PARTE APPLICATION TO QUASH PLAINTIFF'S SUBPOENA TO DAVID SEWELL TO TESTIFY IN A CIVIL ACTION (FRCP 45) AND FOR PROTECTIVE ORDER AND SANCTIONS #153 by Judge Dolly M. Gee. The Court has considered Defendant's Ex Parte Application to Quash Plaintiff's Subpoena to David Sewell to Testify in a Civil Action (FRCP 45) and for Protective Order and Sanctions, and for good cause shown, orders as follows: 1. Plaintiff Lowry McCray's subpoena to David Sewell commanding his appearance at trial is QUASHED; 2. The Court GRANTS a protective order excluding David Sewell from any appearance at trial; and 3. Westrock's request for sanctions is DENIED. (rolm)
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| Filing 153 EX PARTE APPLICATION to Quash Trial Subpoena for David Sewell to Testify in a Civil Action and for Protective Order and Sanctions filed by defendant Westrock Services, LLC. (Attachments: #1 Declaration, #2 Proposed Order) (Delanoy, Talia) |
| Filing 152 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Stipulation for Settlement #150 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a 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. (lom) |
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Filing 151
ORDER FOR PARTIAL DISMISSAL OF CLAIMS #150 by Judge Dolly M. Gee. IT IS HEREBY ORDERED that Plaintiff's 9th, 10th, and 11th causes of action are hereby dismissed with prejudice. (lom)
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| Filing 150 Joint STIPULATION for Settlement FOR PARTIAL DISMISSAL OF CLAIMS filed by Plaintiff Lowry McCray.(Berenji, Shadie) |
| Filing 149 OBJECTIONS to Notice (Other) #139 PLAINTIFFS OBJECTIONS TO DEFENDANTS NOTICE OF DESIGNATION OF VIDEOTAPE DEPOSITIONS filed by Plaintiff Lowry McCray. (Berenji, Shadie) |
| Filing 148 Amended PRETRIAL STIPULATION regarding Exhibits . (Delanoy, Talia) |
| Filing 147 REQUEST FOR JUDICIAL NOTICE at Trial filed by Plaintiff Lowry McCray. (Tayyeb, Kristopher) |
| Filing 146 TRIAL BRIEF filed by defendant Westrock Services, LLC.. (Attachments: #1 Declaration of Talia L. Delanoy in Support)(Delanoy, Talia) |
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Filing 145
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S APPLICATION TO QUASH PLAINTIFF'S SUBPOENAS TO TESTIFY AND PRODUCE IN A CIVIL ACTION (FRCP 45) AND FOR PROTECTIVE ORDER AND SANCTIONS by Judge Dolly M. Gee: The Court has considered the parties' Joint Stipulation regarding Defendant's Application #142 , the Court orders as follows: (1) Plaintiff Lowry McCray's deposition subpoena to Tad Collister commanding appearance on 8/8/2023 is quashed; (2) Plaintiff did not obtain court authorization for an extension of the discovery cutoff and is not entitled to depose Tad Collister on the eve of trial; (3) Plaintiff's trial subpoena duces tecum to "WestRock Services, LLC" for financial records is quashed; (4) WestRock is not required to produce a witness to produce financial records at trial; (5) Plaintiff cannot question any witness regarding WestRock's financial condition unless WestRock "opens the door" by presenting an undue hardship defense to Plaintiff's reasonable accommodation and interactive process claim or makes its financial condition relevant; (6) In the event WestRock "opens the door" in a manner making WestRock's financial condition relevant, and in the absence of the parties' agreement as to the admissibility of other financial records, Plaintiff may use WestRock's financial records that are subject to judicial notice. (7) WestRock's request for sanctions is DENIED. (gk)
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| Filing 144 PLAINTIFFS OPPOSITION TO DEFENDANT WESTROCK SERVICES, LLCS EX PARTE APPLICATION TO QUASH PLAINTIFFS SUBPOENAS TO TESTIFY AND PRODUCE IN A CIVIL ACTION (FRCP 45) AND FOR PROTECTIVE ORDER AND SANCTIONS Opposition re: EX PARTE APPLICATION to Quash PLAINTIFF'S SUBPOENAS TO TESTIFY AND PRODUCE IN A CIVIL ACTION (FRCP 45) AND FOR PROTECTIV E ORDER AND SANCTIONS #142 filed by Plaintiff Lowry McCray. (Attachments: #1 Declaration DECLARATION OF KRISTOPHER N. TAYYEB IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT WESTROCK SERVICES, LLCS EX PARTE APPLICATION TO QUASH PLAINTIFFS SUBPOENAS TO TESTIFY AND PRODUCE IN A CIVIL ACTION (FRCP 45) AND FOR PROTECTIVE ORDER AND SANCTIONS)(Tayyeb, Kristopher) |
| Filing 143 NOTICE OF LODGING filed re EX PARTE APPLICATION to Quash PLAINTIFF'S SUBPOENAS TO TESTIFY AND PRODUCE IN A CIVIL ACTION (FRCP 45) AND FOR PROTECTIV E ORDER AND SANCTIONS #142 (Delanoy, Talia) |
| Filing 142 EX PARTE APPLICATION to Quash PLAINTIFF'S SUBPOENAS TO TESTIFY AND PRODUCE IN A CIVIL ACTION (FRCP 45) AND FOR PROTECTIV E ORDER AND SANCTIONS filed by defendant Westrock Services, LLC. (Attachments: #1 Declaration of Talia Delanoy in Support) (Delanoy, Talia) |
| Filing 141 RESPONSE filed by Defendant Westrock Services, LLCto Miscellaneous Document #112 to Plaintiff's Designation of Video Deposition Testimony for Trial and Defendant's Counter-Designations; Declaration of Talia L. Delanoy (Delanoy, Talia) |
| Filing 140 NOTICE OF LODGING filed re Pretrial Conference Order - Final #134 (Attachments: #1 Unredacted Document Plaintiff's Marked Deposition Testimony)(Berenji, Shadie) |
| Filing 139 Notice OF DESIGNATION OF VIDEOTAPE DEPOSITIONS filed by defendant Westrock Services, LLC. (Delanoy, Talia) |
| Filing 138 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/11/23 re Transcript #137 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Preston, Phyllis) TEXT ONLY ENTRY |
| Filing 137 TRANSCRIPT for proceedings held on 7/11/23. Court Reporter: Phyllis Preston, stenojag@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/7/2023. Redacted Transcript Deadline set for 8/17/2023. Release of Transcript Restriction set for 10/16/2023. (Preston, Phyllis) |
| Filing 136 Witness List filed by Defendant Westrock Services, LLC.. (Delanoy, Talia) |
| Filing 135 NOTICE of Association of Counsel associating attorney J. Bernard Alexander on behalf of Plaintiff Lowry McCray. Filed by Plaintiff Lowry McCray (Berenji, Shadie) |
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Filing 134
FINAL PRETRIAL CONFERENCE ORDER approved by Judge Dolly M. Gee. (gk)
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Filing 133
MINUTES OF IN CHAMBERS - ORDER RE MOTIONS IN LIMINE AND PLAINTIFF'S MOTION FOR RULE 37 SANCTIONS by Judge Dolly M. Gee: WestRock's MIL No. 1, to exclude all evidence of racial animus #99 is GRANTED in part and DENIED in part. WestRock's MIL No. 2, to bifurcate the punitive damages liability phase of the trial and to exclude all evidence of WestRock's financial condition #100 is DENIED without prejudice, except to the extent the Court shall bifurcate liability for punitive damages (Phase 1) and the amount of punitive damages (Phase 2). WestRock's MIL No. 3, to exclude deposition testimony of McGinnis, Parziale, Baker, and Buchanan #101 is DENIED, provided that the parties shall comply with Local Rule 16-2.7 to submit their marked depositions by 7/18/2023, and objections/counter-designations by 7/25/2023. WestRock's MIL No. 4, to exclude all evidence of McCray's tenure with WestRock's predecessor companies #102 is DENIED. WestRock's MIL No. 5, to exclude McCray's expert witness Dr. Robert Sniderman #103 is GRANTED in part and DENIED in part. McCrays MIL No 1, to exclude all evidence that WestRock consulted with legal counsel in connection with the events that gave rise to this case #114 is DENIED. McCray's MIL No. 2, to exclude Westrock's rebuttal expert Jay Finkelman #115 is GRANTED in part and DENIED in part. McCray's MIL No. 3, to use evidence of his tenure with WestRock's predecessor companies #116 is GRANTED. McCray's MIL No. 4, to exclude the trial testimony of Tad Collister, Alex Serrillo, and Francisco Pacheco #118 is GRANTED as to Pacheco and DENIED as to Collister and Serrillo. McCray's Motion for Sanctions #119 is DENIED, but McCray is GRANTED leave to take Parziale's deposition prior to trial. WestRock shall be permitted to file its Witness List by 7/18/2023. Court Reporter: Not Reported. (gk)
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| Filing 132 MINUTES OF Final Pretrial Conference and Motion Hearing held before Judge Dolly M. Gee RE: Defendant's Motion in Limine ("MIL") No. 1 to Exclude Evidence Related to Claims Dismissed on Partial Summary Judgment #99 ; Defendant's MIL No. 2 to Bifurcate punitive Damages and Exclude Evidence of Defendant's Net Worth in the First Phase of Trial #100 ; Defendant's MIL No. 3 to Preclude Use of Video Testimony at Trial for Available Witnesses #101 ; Defendant's MIL No. 4 to Exclude Reference to Plaintiff's Tenure with MeadWestvaco #102 ; Defendant's FRE 702 and Daubert MIL No. 5 to Exclude Plaintiff's Expert Robert Sniderman #103 ; Plaintiff's MIL No. 1, Motion to Exclude Evidence that Defendant Relied on Advice of Counsel #114 ; Plaintiff's MIL No. 2, Motion to Exclude Defendant's Expert Jay Finkelman #115 ; Plaintiff's MIL No. 3, Motion to Exclude Testimony and Evidence that WestRock was Not Plaintiff's Employer #116 ; Plaintiff's MIL No. 4, Motion to Exclude Evidence Not Produced in Discovery #118 ; Plaintiff's Motion for Evidentiary Sanctions for Defendant's Rule 30(b)(6) Witness Failing to Appear at Deposition #119 . The Court invites counsel to respond to its tentative rulings on the motions in limine. The Court hears argument. A written order on the MILs will issue. The Court and counsel confer regarding the logistics of trial. The Jury Trial shall commence on 8/15/2023 at 8:30 AM. The trial is bifurcated into a liabilities phase followed by a second phase on the amount of punitive damages. The Court urges the parties to continue their efforts to reach a settlement. If the parties wish to have the Court's assistance in assigning a Magistrate Judge to preside over settlement discussions, they shall notify the courtroom deputy clerk. Court Reporter: Phyllis Preston. (gk) |
| Filing 131 Notice of Appearance or Withdrawal of Counsel: for attorney Shadie Latae Berenji counsel for Plaintiff Lowry McCray. David Cameron Hopper is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Lowry McCray. (Berenji, Shadie) |
| Filing 130 Notice of Appearance or Withdrawal of Counsel: for attorney Shadie Latae Berenji counsel for Plaintiff Lowry McCray. Carl Jonathan Fraley-Bennett is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Lowry McCray. (Berenji, Shadie) |
| Filing 129 OPPOSITION Opposition to re: NOTICE OF MOTION AND MOTION for Sanctions for Defendant's Rule 30(b)(6) witness failing to appear at deposition #119 filed by Defendant Westrock Services, LLC. (Delanoy, Talia) |
| Filing 128 OPPOSITION Opposition to re: MOTION IN LIMINE (#4) to Exclude evidence not produced in discovery #118 filed by Defendant Westrock Services, LLC. (Delanoy, Talia) |
| Filing 127 OPPOSITION to MOTION IN LIMINE (#3) to Exclude testimony that WestRock was not Plaintiff's employer #116 filed by Defendant Westrock Services, LLC. (Delanoy, Talia) |
| Filing 126 OPPOSITION to MOTION IN LIMINE (#2) to Exclude Defendant's expert Jay Finkelman #115 filed by Defendant Westrock Services, LLC. (Delanoy, Talia) |
| Filing 125 REPLY Opposition to MOTION IN LIMINE (#1) to Exclude evidence that Defendant relied on advice of counsel #114 filed by Defendant Westrock Services, LLC. (Delanoy, Talia) |
| Filing 124 OPPOSITION Opposition re: MOTION IN LIMINE # (5) to Exclude Expert Robert Sniderman #103 filed by Plaintiff Lowry McCray. (Attachments: #1 Declaration of Kristopher N. Tayyeb ISO Opposition)(Berenji, Shadie) |
| Filing 123 OPPOSITION Opposition re: MOTION IN LIMINE # (4) to Exclude Reference to Plaintiffs Tenure with MeadWestvaco #102 filed by Plaintiff Lowry McCray. (Berenji, Shadie) |
| Filing 122 OPPOSITION Opposition re: MOTION IN LIMINE # (3) to Preclude Use of Video Testimony at Trial for Available Witnesses #101 filed by Plaintiff Lowry McCray. (Attachments: #1 Declaration of Kristopher N. Tayyeb ISO Opposition)(Berenji, Shadie) |
| Filing 121 OPPOSITION Opposition re: MOTION IN LIMINE # (2) to Bifurcate Punitive Damages and Exclude Evidence of Defendants Net Worth in the First Phase of Trial #100 filed by Plaintiff Lowry McCray. (Attachments: #1 Declaration of Kristopher N. Tayyeb ISO Opposition)(Berenji, Shadie) |
| Filing 120 OPPOSITION Opposition To re: MOTION IN LIMINE (# 1) to Exclude Evidence Related to Claims Dismissed on Partial Summary Judgment #99 filed by Plaintiff Lowry McCray. (Attachments: #1 Declaration of Shadie L. Berenji ISO Opposition)(Berenji, Shadie) |
| Filing 119 NOTICE OF MOTION AND MOTION for Sanctions for Defendant's Rule 30(b)(6) witness failing to appear at deposition filed by Plaintiff Lowry McCray. Motion set for hearing on 7/11/2023 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR EVIDENTIARY SANCTIONS FOR DEFENDANTS RULE 30(B)(6) WITNESS FAILING TO APPEAR AT DEPOSITION) (Tayyeb, Kristopher) |
| Filing 118 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude evidence not produced in discovery filed by Plaintiff Lowry McCray. Motion set for hearing on 7/11/2023 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order [PROPOSED] ORDER RE PLAINTIFFS MOTION IN LIMINE NO. 4 TO EXCLUDE EVIDENCE NOT PRODUCED IN DISCOVERY)(Tayyeb, Kristopher) |
| Filing 117 REQUEST FOR JUDICIAL NOTICE re MOTION IN LIMINE (#3) to Exclude testimony that WestRock was not Plaintiff's employer #116 filed by Plaintiff Lowry McCray. (Tayyeb, Kristopher) |
| Filing 116 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude testimony that WestRock was not Plaintiff's employer filed by Plaintiff Lowry McCray. Motion set for hearing on 7/11/2023 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order [PROPOSED] ORDER RE PLAINTIFFS MOTION IN LIMINE NO. 3 TO EXCLUDE TESTIMONY AND EVIDENCE THAT WESTROCK WAS NOT PLAINTIFFS EMPLOYER)(Tayyeb, Kristopher) |
| Filing 115 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Defendant's expert Jay Finkelman filed by Plaintiff Lowry McCray. Motion set for hearing on 7/11/2023 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order [PROPOSED] ORDER RE PLAINTIFFS MOTION IN LIMINE NO. 2 TO EXCLUDE DEFENDANTS EXPERT JAY FINKELMAN)(Tayyeb, Kristopher) |
| Filing 114 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude evidence that Defendant relied on advice of counsel filed by plaintiff Lowry McCray. Motion set for hearing on 7/11/2023 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order [PROPOSED] ORDER RE PLAINTIFFS MOTION IN LIMINE NO. 1 TO EXCLUDE EVIDENCE THAT DEFENDANT RELIED ON ADVICE OF COUNSEL)(Tayyeb, Kristopher) |
| Filing 113 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Lowry McCray. (Attachments: #1 Proposed Order)(Berenji, Shadie) |
| Filing 112 Notice of Designation of Videotape Deposition filed by Plaintiff Lowry McCray (Berenji, Shadie) |
| Filing 111 STATEMENT Proposed Joint Statement of Case filed by Plaintiff Lowry McCray (Berenji, Shadie) |
| Filing 110 Proposed Voir Dire Questions filed by Plaintiff Lowry McCray.. (Berenji, Shadie) |
| Filing 109 Witness List filed by Plaintiff Lowry McCray.. (Berenji, Shadie) |
| Filing 108 Witness List filed by Plaintiff Lowry McCray.. (Berenji, Shadie) |
| Filing 107 PROPOSED SPECIAL JURY VERDICT filed by Plaintiff Lowry McCray. (Berenji, Shadie) |
| Filing 106 PROPOSED JURY INSTRUCTIONS (Annotated - Clean set) filed by Plaintiff Lowry McCray.. (Berenji, Shadie) |
| Filing 105 PROPOSED JURY INSTRUCTIONS (Unannotated set) filed by Plaintiff Lowry McCray.. (Berenji, Shadie) |
| Filing 104 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Lowry McCray. (Berenji, Shadie) |
| Filing 103 NOTICE OF MOTION AND MOTION IN LIMINE # (5) to Exclude Expert Robert Sniderman filed by Defendant Westrock Services, LLC. Motion set for hearing on 7/11/2023 at 02:00 PM before Judge Dolly M. Gee.(Delanoy, Talia) |
| Filing 102 NOTICE OF MOTION AND MOTION IN LIMINE # (4) to Exclude Reference to Plaintiffs Tenure with MeadWestvaco filed by Defendant Westrock Services, LLC. Motion set for hearing on 7/11/2023 at 02:00 PM before Judge Dolly M. Gee.(Delanoy, Talia) |
| Filing 101 NOTICE OF MOTION AND MOTION IN LIMINE # (3) to Preclude Use of Video Testimony at Trial for Available Witnesses filed by Defendant Westrock Services, LLC. Motion set for hearing on 7/11/2023 at 02:00 PM before Judge Dolly M. Gee.(Delanoy, Talia) |
| Filing 100 NOTICE OF MOTION AND MOTION IN LIMINE # (2) to Bifurcate Punitive Damages and Exclude Evidence of Defendants Net Worth in the First Phase of Trial filed by Defendant Westrock Services, LLC. Motion set for hearing on 7/11/2023 at 02:00 PM before Judge Dolly M. Gee.(Delanoy, Talia) |
| Filing 99 NOTICE OF MOTION AND MOTION IN LIMINE (# 1) to Exclude Evidence Related to Claims Dismissed on Partial Summary Judgment filed by Defendant Westrock Services, LLC. Motion set for hearing on 7/11/2023 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Talia Delanoy in Support of WestRocks Motions in Limine)(Delanoy, Talia) |
| Filing 98 STATUS REPORT RE MEDIATION COMPLETION filed by Defendant Westrock Services, LLC. (Delanoy, Talia) |
| Filing 97 Joint PRETRIAL STIPULATION regarding Exhibits . (Delanoy, Talia) |
| Filing 96 PROPOSED JURY INSTRUCTIONS (Objection to Plaintiff's set) filed by Defendant Westrock Services, LLC.. (Delanoy, Talia) |
| Filing 95 Proposed Voir Dire Questions filed by Defendant Westrock Services, LLC.. (Delanoy, Talia) |
| Filing 94 PROPOSED SPECIAL JURY VERDICT filed by Defendant Westrock Services, LLC. (Delanoy, Talia) |
| Filing 93 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Westrock Services, LLC. (Delanoy, Talia) |
| Filing 92 PROPOSED JURY INSTRUCTIONS (Unannotated set) filed by Defendant Westrock Services, LLC.. (Delanoy, Talia) |
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Filing 91
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #88 #90 by Judge Dolly M. Gee. APPLICATION to Appear Pro Hac Vice on behalf of Defendant Westrock Services, LLC, designating Stephen E Ronk as local counsel. Granting #88 #90 Non-Resident Attorney Kuuku Minnah-Donkoh (rolm)
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| Filing 90 APPLICATION of Non-Resident Attorney Kuuku Minnah-Donkoh to Appear Pro Hac Vice on behalf of Defendant Westrock Services, LLC (Pro Hac Vice Fee - $500.00 Previously Paid on 6/14/2023, Receipt No. ACACDC-35490556) filed by defendant Westrock Services, LLC. (Attachments: #1 Proposed Order) (Ronk, Stephen) |
| Filing 89 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Kuuku Minnah-Donkoh to Appear Pro Hac Vice on behalf of Defendant Westrock Services, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35490556) #88 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) |
| Filing 88 APPLICATION of Non-Resident Attorney Kuuku Minnah-Donkoh to Appear Pro Hac Vice on behalf of Defendant Westrock Services, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35490556) filed by defendant Westrock Services, LLC. (Attachments: #1 Proposed Order) (Ronk, Stephen) |
| Filing 87 NOTICE OF FILING TRANSCRIPT filed for proceedings 06/02/23 2:00 pm re Transcript #86 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Thibodeaux, Elizabeth) TEXT ONLY ENTRY |
| Filing 86 TRANSCRIPT for proceedings held on 06/02/23 2:00 pm. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, CSR, RPR, CRR, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/5/2023. Redacted Transcript Deadline set for 7/14/2023. Release of Transcript Restriction set for 9/11/2023. (Thibodeaux, Elizabeth) |
| Filing 85 TRANSCRIPT ORDER as to Plaintiff Lowry McCray for Court Reporter. Court will contact Shadie Berenji at berenji@employeejustice.law with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Berenji, Shadie) |
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Filing 84
ORDER RE DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT by Judge Dolly M. Gee: The Court GRANTS in part and DENIES in part Defendant WestRock Services, LLC's motion for partial summary judgment #67 . The Court orders the following: (a) Summary judgment is DENIED as to McCray's claims for disability discrimination, failure to engage in the interactive process, and failure to provide reasonable accommodation; as well as the corresponding derivative claims for failure to prevent discrimination and wrongful termination relating to his disability discrimination claims. (b) Summary judgment is GRANTED on McCray's claims for race discrimination and racial harassment/hostile work environment, as well as the corresponding derivative claims for failure to prevent discrimination and wrongful termination relating to his race discrimination claim. (gk)
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| Filing 83 MINUTES OF DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT #67 Hearing held before Judge Dolly M. Gee. The Court invites counsel to respond to the tentative ruling. Following oral argument, the Court advises counsel that the motion shall be taken under submission and a written order will issue. Court Reporter: Katie Thibodeaux. (lom) |
| Filing 82 Notice OF ERRATA RE: PLAINTIFFS COMPENDIUM OF EXHIBITS IN SUPPORT OF PLAINTIFF LOWRY MCCRAYS OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Plaintiff Lowry McCray. (Berenji, Shadie) |
| Filing 81 REPLY in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to First through Fifth, Seven and Eight Claims from Plaintiff's Complaint #67 filed by Defendant Westrock Services, LLC. (Attachments: #1 Memorandum Response to Plaintiff's Disputes and to Lowry McCray's Statement of Material Facts, #2 Memorandum Objections to Plaintiff's Evidence and Separate Statement in Opposition to Motion for Partial Summary Judgment)(Delanoy, Talia) |
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Filing 80
ORDER APPROVING STIPULATION FOR DISMISSAL OF AGE DISCRIMINATION CLAIM #79 by Judge Dolly M. Gee. IT IS HEREBY ORDERED that: 1. The Sixth Cause of Action for Age Discrimination, as outlined in the Plaintiff's Complaint at Paragraphs 89-98, is dismissed, with prejudice. See order for further details. (lom)
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| Filing 79 STIPULATION for Order Dismissal of Age Discrimination Claim filed by defendant Westrock Services, LLC. (Attachments: #1 Proposed Order granting Stipulation for Dismissal of Age Discrimination Claim)(Delanoy, Talia) |
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Filing 78
ORDER GRANTING DEFENDANT'S MOTION FOR RULE 35 MENTAL EXAMINATION OF PLAINTIFF by Magistrate Judge Rozella A. Oliver, Re: MINUTE ORDER RE: MOTION TO COMPEL FRCP RULE 35 MENTAL EXAMINATION #71 , #75 . SEE ORDER FOR COMPLETE DETAILS. (dml)
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| Filing 77 NOTICE OF LODGING filed re Order on Motion to Compel,, #75 (Delanoy, Talia) |
| Filing 76 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to First through Fifth, Seven and Eight Claims from Plaintiff's Complaint #67 filed by Plaintiff Lowry McCray. (Attachments: #1 Supplement Response to Statement of Material Facts, #2 Declaration Lowry McCray ISO Opposition, #3 Declaration Shadie Berenji ISO Opposition, #4 Exhibit Compendium ISO Opposition, #5 Supplement Objection to Evidence)(Berenji, Shadie) |
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Filing 75
(In Chambers) MINUTE ORDER RE: MOTION TO COMPEL FRCPRULE 35 MENTAL EXAMINATION #71 by Magistrate Judge Rozella A. Oliver. In sum, the Court GRANTS Defendant's request for an IME of Plaintiff. Any expert report from the IME must be provided by the deadline for rebuttal expert disclosures and the examiner must be made available for a deposition prior to the expert discovery cut-off. The parties are ordered to meet and confer on a mutually agreeable date for the IME. The parties shall submit a joint proposed order that contains the information required under Rule 35(a)(2) (B) by noon on May 9, 2023. (See order for further details) (tsn)
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| Filing 74 SUPPLEMENT to MOTION to Compel FRCP Rule 35 Mental Examination ; Joint Stipulation and Declaration of Shadie L. Berenji in Support of Plaintiff's Response to Defendant's Motion to Compel Independent Mental Examination of Plaintiff #71 filed by Defendant Westrock Services, LLC. (Delanoy, Talia) |
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Filing 73
ORDER DENYING PLAINTIFF'S EX PARTE APPLICATOIN #69 FOR AN ORDER TO STRIKE DEFENDANT'S PARTIAL SUMMARY JUDGMENT OR ALTERNATIVELY, TO STRIKE TEXT IN EXCESS OF THE LENGTH REQUIREMENTS by Judge Dolly M. Gee. *See order for complete ruling.* (vdr)
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| Filing 72 OBJECTIONS to EX PARTE APPLICATION to Strike Defendant's Motion for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to First through Fifth, Seven and Eight Claims from Plaintiff's Complaint #67 #69 filed by Defendant Westrock Services, LLC. (Attachments: #1 Declaration of Talia Delanoy in Support of WestRock's Opposition to Plaintiff's Ex Parte Application for an Order to Strike Defendant's Motion for Partial Summary Judgment)(Delanoy, Talia) |
| Filing 71 NOTICE OF MOTION AND MOTION to Compel FRCP Rule 35 Mental Examination ; Joint Stipulation and Declaration of Shadie L. Berenji in Support of Plaintiff's Response to Defendant's Motion to Compel Independent Mental Examination of Plaintiff filed by Defendant Westrock Services, LLC. Motion set for hearing on 5/17/2023 at 10:00 AM before Magistrate Judge Rozella A. Oliver. (Attachments: #1 Declaration of Talia L. Delanoy in Support of Motion to Compel Rule 35 Mental Examination, #2 Proposed Order)(Delanoy, Talia) |
| Filing 70 NOTICE OF ERRATA filed by Defendant Westrock Services, LLC. correcting NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to First through Fifth, Seven and Eight Claims from Plaintiff's Complaint #67 (Delanoy, Talia) |
| Filing 69 EX PARTE APPLICATION to Strike Defendant's Motion for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to First through Fifth, Seven and Eight Claims from Plaintiff's Complaint #67 filed by Plaintiff Lowry McCray. (Attachments: #1 Declaration of Shadie L. Berenji ISO Ex Party Application, #2 Proposed Order Granting Ex Parte Application) (Berenji, Shadie) |
| Filing 68 Notice of Appearance or Withdrawal of Counsel: for attorney Shadie Latae Berenji counsel for Plaintiff Lowry McCray. Adding Carl J. Fraley-Bennett as counsel of record for Plaintiff Lowry McCray for the reason indicated in the G-123 Notice. Filed by Plaintiff Lowry McCray. (Berenji, Shadie) |
| Filing 67 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to First through Fifth, Seven and Eight Claims from Plaintiff's Complaint filed by defendant Westrock Services, LLC. Motion set for hearing on 6/2/2023 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Memorandum in Support of Motion for Partial Summary Judgment, #2 Compendium of Exhibits, #3 Statement of Uncontroverted Material Facts and Conclusion of Law, #4 Declaration of Talia L. Delanoy, #5 Request for Judicial Notice, #6 Proposed Order) (Delanoy, Talia) |
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Filing 66
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. Pursuant to the parties' request, the deadline for dispositive motions is continued to April 7, 2023. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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Filing 65
ORDER APPROVING JOINT STIPULATED REQUEST TO CONTINUE DISPOSITIVE MOTION, TRIAL, AND CERTAIN RELATED PRE-TRIAL DATES by Judge Dolly M. Gee: Upon Stipulation #64 , the case schedule is modified. Final Pretrial Conference set for 7/11/2023 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 8/15/2023 08:30 AM before Judge Dolly M. Gee. See document for further details. (gk)
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| Filing 64 STIPULATION to Continue the Dispositive Motion, Trial, and Certain Related Pre-Trial Dates from March 17, 2023 to April 5, 2023 Re: Order on Motion for Order,,, #30 filed by defendant Westrock Services, LLC. (Attachments: #1 Proposed Order)(Delanoy, Talia) |
| Filing 63 Notice of Appearance or Withdrawal of Counsel: for attorney Linh Hua counsel for Defendant Westrock Services, LLC. Linh T. Hua 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 Westrock Services, LLC. (Hua, Linh) |
| Filing 62 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Notice of Appearance or Withdrawal of Counsel (G-123) #60 by Judge Dolly M. Gee. The document is stricken. (gk) |
| Filing 61 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123), #60 . The following error(s) was/were found: Section III of Notice of Appearance or Withdrawal G123 not signed. 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 60 [DOCUMENT STRICKEN PER ORDER ON 3/8/2023, SEE DOCKET NO. 62] Notice of Appearance or Withdrawal of Counsel: for attorney Linh Hua counsel for Defendant Westrock Services, LLC. Linh T. Hua 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 Westrock Services, LLC. (Hua, Linh) Modified on 3/9/2023 (gk). |
| Filing 59 Notice of Appearance or Withdrawal of Counsel: for attorney Stephen E Ronk counsel for Defendant Westrock Services, LLC. Adding Stephen E. Ronk as counsel of record for WestRock Services, LLC for the reason indicated in the G-123 Notice. Filed by Defendant WestRock Services, LLC. (Attorney Stephen E Ronk added to party Westrock Services, LLC(pty:dft))(Ronk, Stephen) |
| Filing 58 Notice of Appearance or Withdrawal of Counsel: for attorney Jenay N. Younger counsel for Defendant Westrock Services, LLC. Filed by Defendant WestRock Services, LLC. (Younger, Jenay) |
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Filing 57
ORDER by Magistrate Judge Rozella A. Oliver, Re Discovery Dispute #53 |
| Filing 56 RESPONSE filed by Plaintiff Lowry McCray Letter Brief Re Time Limit and Location of Depositions (Attachments: #1 Declaration ISO Plaintiff's Letter Brief)(Berenji, Shadie) |
| Filing 55 STATEMENT of Letter Brief Pursuant to Court's February 22, 2023 Order (Docket 53) MOTION #53 filed by Defendant Westrock Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Delanoy, Talia) |
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Filing 54
MINUTES (IN CHAMBERS) by Magistrate Judge Rozella A. Oliver: GRANTING #50 Defendant's Motion for Protective Order |
| Filing 53 MOTION RE: INFORMAL DISCOVERY DISPUTE. by Magistrate Judge Rozella A. Oliver. The Court is in receipt of the parties' joint email on February 22, 2023, and sets an expedited briefing schedule. Each party shall file a single letter brief, no longer than two single-spaced pages by Friday, February 24, 2023. Thereafter, the Court will take the matter under submission. See order for further details. (RAO) Modified on 2/23/2023 (dml). |
| Filing 52 BRIEF filed by Plaintiff Lowry McCray. PLAINTIFF'S LETTER BRIEF IN RESPONSE TO WESTROCK'S OBJECTION TO THE DEPOSITION OF SHAGHA BALALI regarding Motion Related Document, #51 . (Attachments: #1 Declaration ISO Plaintiff's Letter Brief)(Berenji, Shadie) |
| Filing 51 WESTROCK'S LETTER BRIEF IN SUPPORT OF ITS MOTION FOR PROTECTIVE ORDER PROHIBITING PLAINTIFF FROM DEPOSING WESTROCK'S IN-HOUSE EMPLOYMENT COUNSEL, SHAGHA BALADI re APPLICATION for Order for MOTION RE: INFORMAL DISCOVERY DISPUTE #50 filed by Defendant Westrock Services, LLC. (Attachments: #1 Exhibit)(Delanoy, Talia) |
| Filing 50 MOTION RE: INFORMAL DISCOVERY DISPUTE before Magistrate Judge Rozella A. Oliver. The Court is in receipt of the parties' status report and sets the following briefing schedule to address the dispute concerning the noticed deposition of WestRock's in-house counsel: Defendant's opening letter brief (no more than five-pages, single-spaced) shall be filed with the Court by Friday, February 10, 2023. Plaintiff's responsive letter brief (no more than five-pages, single-spaced) shall be filed by Friday, February 17, 2023. Thereafter, the Court will take the matter under submission. (dml) |
| Filing 49 MINUTES AND ORDER RE: TELEPHONIC DISCOVERY HEARING #46 held before Magistrate Judge Rozella A. Oliver: The Court held a discovery status conference pursuant to the District Judge's order for the parties to participate in discovery conferences in regular intervals. The Court sets a deadline of February 1, 2023 for the parties to jointly email the Court if they are unable to resolve their remaining discovery disputes without Court intervention. See Order for details. Court Recorder: XTR System. (dml) |
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Filing 48
MINUTE ORDER RE: DISCOVERY DISPUTE #45 #47 by Magistrate Judge Rozella A. Oliver: The Court held an informal discovery conference on November 30, 2022. After providing its tentative thoughts on the remaining discovery disputes regarding job eliminations/resulting terminations and available vacant positions, the Court offered Plaintiff the opportunity to letter brief the disputes. For the reasons set forth, the Court adopts its tentative rulings from the November 30, 2022 hearing and DENIES Plaintiff's request to compel further discovery on the interrogatories and deposition topic at issue. See Order for details. (dml)
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| Filing 47 BRIEF filed by Defendant Westrock Services, LLC. IN RESPONSE regarding Brief (non-motion non-appeal) #45 , Discovery Hearing, #44 . (Younger, Jenay) |
| Filing 46 MOTION RE: INFORMAL DISCOVERY DISPUTE. A continued telephonic discovery conference is set for 1/23/2023 at 1:00 PM before Magistrate Judge Rozella A. Oliver. Call-in information provided via email. (dml) |
| Filing 45 BRIEF filed by plaintiff Lowry McCray. Letter brief regarding Discovery Hearing, #44 . (Tayyeb, Kristopher) |
| Filing 44 MINUTES AND ORDER RE: TELEPHONIC DISCOVERY HEARING held before Magistrate Judge Rozella A. Oliver: The Court and counsel discussed the status of discovery disputes identified by the parties in their November 22, 2022 email to the Court. The parties shall jointly email the Court by December 7, 2022, as to whether they will be letter briefing any disputes and their proposed schedule for any such letter briefing. See Order for details. Court Recorder: XTR System. (dml) |
| Filing 43 SCHEDULING NOTICE by Magistrate Judge Rozella A. Oliver. Today's Webinar hearing set for 1:00 PM has been converted to a telephonic. Call-in information provided via email. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dml) TEXT ONLY ENTRY |
| Filing 42 Notice of Appearance or Withdrawal of Counsel: for attorney Talia L Delanoy counsel for Defendant Westrock Services, LLC. Adding Talia L. Delanoy as counsel of record for WESTROCK SERVICES, LLC for the reason indicated in the G-123 Notice. Filed by Defendant WestRock Services, LLC. (Attorney Talia L Delanoy added to party Westrock Services, LLC(pty:dft))(Delanoy, Talia) |
| Filing 41 MINUTES AND ORDER RE: VIDEO DISCOVERY HEARING held before Magistrate Judge Rozella A. Oliver: The Court and counsel discussed the status of discovery disputes identified by the parties in their October 26, 2022 email to the Court. The next IDC will be held on November 30, 2022 at 1 p.m., by Zoom. The parties shall provide a joint status report by email by close of business on November 21, 2022. Court Recorder: CourtSmart. (dml) |
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Filing 40
MINUTE ORDER RE DISCOVERY DISPUTE #38 #39 by Magistrate Judge Rozella A. Oliver: The Court held a discovery hearing on October 4, 2022. Dkt. No. 37. The Court directed the parties to submit letter briefing on their dispute. The parties timelyfiled their letter briefs. The Court finds the matter suitable for decision without oral argument. See Order for complete details. (dml)
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| Filing 39 BRIEF filed by Defendant Westrock Services, LLC. Letter Brief re Privacy regarding Brief (non-motion non-appeal) #38 . (Younger, Jenay) |
| Filing 38 BRIEF filed by plaintiff Lowry McCray. Letter brief regarding Order on Application for Order re Discovery Matter,, Discovery Hearing, #37 . (Tayyeb, Kristopher) |
| Filing 37 MINUTES AND ORDER RE: DISCOVERY HEARING #35 held before Magistrate Judge Rozella A. Oliver: The case was called for an in-person hearing and counsel entered their appearances. The Court and counsel discussed the status of discovery and pending discovery disputes. The next IDC will be held on November 2, 2022 at 1 p.m., by Zoom Webinar. SEE ORDER FOR DETAILS AND DEADLINES. Court Recorder: CourtSmart. (dml) |
| Filing 36 SCHEDULING NOTICE by Magistrate Judge Rozella A. Oliver. In person discovery hearing previously scheduled for October 4, 2022 at 10:00 AM will be heard in Courtroom 540 (not 590), 5th Floor, Roybal Federal Courthouse. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dml) TEXT ONLY ENTRY |
| Filing 35 MOTION RE: INFORMAL DISCOVERY DISPUTE. The parties have requested an informal discovery conference with Magistrate Judge Rozella A. Oliver. This matter will be heard in-person on October 4, 2022 at 10:00 a.m. Courtroom to be determined. (dml) |
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Filing 34
ORDER by Magistrate Judge Rozella A. Oliver: DENYING AS MOOT #32 Ex Parte Application to Quash Subpoena. See Order for complete details. (dml)
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| Filing 33 Opposition to Plaintiff's Ex Parte Application in Opposition to re: EX PARTE APPLICATION to Quash Subpoena re: Plaintiff's Medical, Psychological, and Long-Term Disability Records #32 filed by Defendant Westrock Services, LLC. (Attachments: #1 Declaration of Jenay N. Younger, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Younger, Jenay) |
| Filing 32 EX PARTE APPLICATION to Quash Subpoena re: Plaintiff's Medical, Psychological, and Long-Term Disability Records filed by Plaintiff Lowry McCray. (Attachments: #1 Declaration DECLARATION OF KRISTOPHER N. TAYYEB IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR AN ORDER TO QUASH DEFENDANTS SUBPOENAS TO PLAINTIFFS HEALTHCARE PROVIDERS, #2 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS EX PARTE APPLICATION FOR AN ORDER QUASHING OR LIMITING DEFENDANT WESTROCK SERVICES, LLCS MEDICAL, PSYCHOLOGICAL, AND LONGTERM DISABILITY RECORDS SUBPOENAS)(Tayyeb, Kristopher) |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Wanja S Guy counsel for Defendant Westrock Services, LLC. Wanja S. Guy 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 Westrock Services, LLC. (Guy, Wanja) |
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Filing 30
ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER MODIFYING THE SCHEDULING ORDER by Judge Dolly M. Gee: Plaintiff's Ex Parte Application #26 is GRANTED. The Court sends the parties to the civil litigation equivalent of detention. The parties are ordered to jointly contact the court clerk to the Hon. Rozella A. Oliver, United States Magistrate Judge, by 9/13/2022, to select a discovery conference date. The parties shall meet with Judge Oliver (in regular intervals pre-set by Judge Oliver) until they can conduct themselves cooperatively, efficiently, professionally, and without mutual recriminations, to complete discovery in a timely manner and in compliance with Court Orders. The Schedule of Pretrial & Trial Dates is modified to continue all dates in accordance with the attached amended schedule. Jury Trial set for 7/11/2023 at 8:30 AM. Final Pretrial Conference set for 6/13/2023 at 2:00 PM. See document for further details. (gk)
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| Filing 28 MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for modifying the scheduling order and continuing all remaining pretrial and trial dates 4-6 months #26 filed by Defendant Westrock Services, LLC. (Attachments: #1 Declaration Declaration of Jenay N. Younger, #2 Exhibit Exhibit A-1, #3 Exhibit Exhibit A-2, #4 Exhibit Exhibit B-1, #5 Exhibit Exhibit B-2, #6 Exhibit Exhibit B-3, #7 Exhibit Exhibit C, #8 Exhibit Exhibit D, #9 Exhibit Exhibit E, #10 Exhibit Exhibit F, #11 Exhibit Exhibit G, #12 Proposed Order [Proposed] Order)(Younger, Jenay) |
| Filing 29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: EX PARTE APPLICATION for Order for modifying the scheduling order and continuing all remaining pretrial and trial dates 4-6 months #26 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. 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. (gk) |
| Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Jenay Nishan Younger counsel for Defendant Westrock Services, LLC. Filed by Defendant WestRock Services, LLC. (Attorney Jenay Nishan Younger added to party Westrock Services, LLC(pty:dft))(Younger, Jenay) |
| Filing 26 EX PARTE APPLICATION for Order for modifying the scheduling order and continuing all remaining pretrial and trial dates 4-6 months filed by Plaintiff Lowry McCray. (Attachments: #1 Declaration DECLARATION OF KRISTOPHER N. TAYYEB IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR AN ORDER MODIFYING THE SCHEDULING ORDER, #2 [PROPOSED] ORDER GRANTING PLAINTIFFS EX PARTE APPLICATION FOR AN ORDER MODIFYING THE SCHEDULING ORDER) (Tayyeb, Kristopher) |
| Filing 25 MINUTES AND ORDER RE: TELEPHONIC DISCOVERY HEARING #24 held before Magistrate Judge Rozella A. Oliver: Defendant shall complete its production by August 5, 2022. If Defendant cannot meet this deadline, counsel shall meet and confer and the parties may file a joint stipulation with proposed order to extend the deadline. The parties may reach out to the Court by email if they require a further IDC on any discovery disputes following good faith meet and confer efforts. Court Recorder: XTR System. (dml) |
| Filing 24 MOTION RE: INFORMAL DISCOVERY DISPUTE. Telephone Conference set for 7/12/2022 at 11:00 AM before Magistrate Judge Rozella A. Oliver. (hr) |
| Filing 23 MINUTES AND ORDER RE: TELEPHONIC DISCOVERY HEARING #22 held before Magistrate Judge Rozella A. Oliver. The Court and counsel discussed a pending discovery dispute. Defendant's production of training materials for California shall be served by May 25, 2022. Defendant's remaining supplemental production shall be served by June 14, 2022. If there are any issues or disputes following the supplemental production, the parties shall meet and confer (including at least one substantive telephonic discussion) and jointly email the Court with a request for a further IDC by July 1, 2022. See order for details. Court Recorder: XTR System. (dml) |
| Filing 22 MOTION RE: INFORMAL DISCOVERY DISPUTE. The parties have requested an informal discovery conference with Magistrate Judge Rozella A. Oliver. A telephonic discovery conference is set for May 17, 2022 at 10:00 a.m. before Magistrate Judge Rozella A. Oliver. Call-in information to be provided via email. (dml) |
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Filing 21
STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order #20 (dml)
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| Filing 20 STIPULATION for Protective Order filed by Defendant Westrock Services, LLC. (Attachments: #1 Proposed Order)(Guy, Wanja) |
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Filing 19
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dolly M. Gee. 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 12/16/2022. Joint status report re settlement due by 12/23/2022. (gk)
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Filing 18
SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee. Final Pretrial Conference set for 1/24/2023 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 2/21/2023 08:30 AM before Judge Dolly M. Gee. See document for further details. (Attachments: #1 Schedule of Pretrial and Trial Dates) (gk)
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Filing 17
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court sua sponte VACATES the Scheduling Conference set on February 11, 2022. A Scheduling and Case Management Order to issue. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 16 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Defendant Westrock Services, LLC.. (Attachments: #1 Exhibit Exhibit A to Joint Rule 26(f) Report)(Guy, Wanja) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) #14 , Notice of Appearance or Withdrawal of Counsel (G-123) #13 . The following error(s) was/were found: Incomplete docket text; missing name of event and text content. 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 14 (Berenji, Shadie) |
| Filing 13 (Berenji, Shadie) |
| Filing 12 NOTICE filed by Defendant Westrock Services, LLC. Confirming Notification to State Court of Removal (Guy, Wanja) |
| Filing 11 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 1/28/2022. Scheduling Conference set for 2/11/2022 at 9:30 a.m. (See order for details.) (kti) |
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Filing 10
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Rozella A. Oliver. (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 30, inclusive, Westrock Services, LLC. Jury Demanded., filed by plaintiff Lowry McCray. (FILED IN STATE COURT ON 11/19/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery) filed by Defendant Westrock Services, LLC. (FILED IN STATE COURT ON 12/21/2021 SUBMITTED ATTACHED EXHIBIT A)(ghap) |
| Filing 6 Notice of Appearance or Withdrawal of Counsel: for attorney Wanja S Guy counsel for Defendant Westrock Services, LLC. Adding Wanja S. Guy as counsel of record for Westrock Services, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Westrock Services, LLC. (Attorney Wanja S Guy added to party Westrock Services, LLC(pty:dft))(Guy, Wanja) |
| Filing 5 PROOF OF SERVICE filed by Defendant Westrock Services, LLC, re Notice of Removal (Attorney Civil Case Opening),, #1 , Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71) #2 , Corporate Disclosure Statement #4 served on December 22, 2021. (Hua, Linh) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant Westrock Services, LLC (Hua, Linh) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Westrock Services, LLC, identifying Plaintiff Lowry McCray; Defendant WestRock Services, LLC. (Hua, Linh) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Westrock Services, LLC. (Hua, Linh) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 21STCV42782 with filing fee previously paid ($402.00 paid on 12/22/2021, receipt number 32521362), filed by Defendant Westrock Services, LLC. (Attachments: #1 Declaration of Wanja S. Guy in Support of Notice of Removal, #2 Declaration of Debbie Buchanan in Support of Notice of Removal, #3 Declaration of Jeff Yost in Support of Notice of Removal) (Attorney Linh Hua added to party Westrock Services, LLC(pty:dft))(Hua, Linh) |
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