Taylor v. FedEx Freight, Inc.
Taylor and Roy Taylor |
FedEx Freight, Inc. |
1:2016cv00438 |
March 29, 2016 |
US District Court for the Eastern District of California |
Fresno Office |
Fresno |
Anthony W Ishii |
Barbara A McAuliffe |
Labor: Other |
05 U.S.C. § 704 |
Plaintiff |
Docket Report
This docket was last retrieved on April 24, 2019. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 120 ABSTRACT OF JUDGMENT ISSUED. (Hellings, J) |
Filing 119 REQUEST FOR ISSUANCE OF ABSTRACT OF JUDGMENT by FedEx Freight, Inc.. (Taylor, Charles) |
***CASE CLOSED. (Marrujo, C) |
Filing 118 ABSTRACT OF JUDGMENT ISSUED. (Hellings, J) |
Filing 117 REQUEST FOR ISSUANCE OF ABSTRACT OF JUDGMENT by FedEx Freight, Inc.. (Taylor, Charles) |
Filing 116 NOTICE OF WITHDRAWAL OF COUNSEL by FedEx Freight, Inc.. (Taylor, Charles) |
Filing 115 COSTS TAXED in amount of $13,958.55 against Roy D. Taylor. (Hellings, J) |
Filing 114 BILL of COSTS SUBMITTED by FedEx Freight, Inc.. (Attachments: #1 Declaration Declaration of Sandra C. Isom in Support of Bill of Costs, #2 Declaration Declaration of Charles Trudrung Taylor in Support of Bill of Costs)(Taylor, Charles) |
Filing 113 TRANSCRIPT of Proceedings held on 6/20/2018, before Magistrate Judge Barbara A. McAuliffe. JURY TRIAL, DAY 7 filed by ECRO, Phone number 559-499-5928 or 559-499-5612 E-mail Fresno_ECRO@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/12/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/20/2018. (Rosales, O) |
Filing 112 WITNESS & EXHIBIT LIST by Roy Taylor.(Marrujo, C) |
Filing 111 SPECIAL VERDICT. (Marrujo, C) |
Filing 110 Receipt of Exhibits After Trial by Defendants. (Marrujo, C) |
Filing 109 Receipt of Exhibits After Trial by Plaintiffs. (Marrujo, C) |
Filing 108 JURY NOTES. (Marrujo, C) |
Filing 107 JURY INSTRUCTIONS Given.(Marrujo, C) |
Filing 106 JUDGMENT pursuant to order. (Marrujo, C) |
Filing 105 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 6/20/2018: 7th Day of JURY TRIAL - HELD. Court & parties only re trial schedule. Court convened with parties and jurors present. Plaintiff & Defendants Closing with Rebuttal closing by Plaintiff. Jury out for Deliberations at 10:44 am. 1:23 pm - Court convened with parties only re: note from jury - unanimous verdict reached (marked as Court Exhibit A). Court convened with parties and jurors present; verdict published. Jury returns with a verdict in favor of Defendant and against Plaintiff. Clerk of the Court ordered to record verdict and enter judgment accordingly. Jurors thanked, released from admonition, and excused from service. Court resumes with parties - Defendants Rule 50 Motion is now moot. Court is adjourned. Plaintiff's Counsel: James Ashworth - present. Defendant's Counsel: Charles Taylor, Sandra Isom and Ana de Alba - present. Court Reporter/CD Number: ECRO - Jami Thorp. (Valdez, E) |
Filing 104 PARTIAL TRANSCRIPT of Proceedings held on 6/19/2018, before Magistrate Judge Barbara A. McAuliffe. JURY TRIAL DAY 6 Partial (Jury Instructions not transcribed) filed by ECRO, Phone number 559-499-5928 or 559-499-5612 E-mail Fresno_ECRO@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/12/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/20/2018. (Thorp, J) |
Filing 102 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 6/19/2018: 6th Day of JURY TRIAL - HELD. Court & parties only re admittance of exhibit DX 585. Court convened with parties and jurors present. Defendant's Witnesses each sworn & testified: Brian Jenkins resumes; Katyna Naylor resumes; Irene Stonecipher; and Armando Magana resumes. Defense RESTS. No rebuttal. Exhibits ADMITTED: DX 585, DX 529, DX 575, DX 576, DX 577, DX 578, DX 590.1, DX 539, DX 547, DX 501, DX 503, DX 504, DX 505, DX 506, DX 507, DX 508, DX 510, DX 511, DX 512, DX 515, DX 518.2, DX 519, DX 520, DX 521.1, DX 522, DX 517, DX 527, DX 530, DX 531, DX 556, DX 560, DX 566, DX 591, DX 597, PX 9, DX 589 and DX 567.7. Exhibits used: PX 76, JT 5, JT 12, JT 15, JT 23, JT 24, JT 1, DX 523, DX 524, JT 6, JT 21, JT 23, DX 523, JT 17.2, DX 579, DX 567, DX 602, JT 7.3, and JT 13. Jurors excused. Court resumes with parties - Defendants Rule 50 Motion - argued, taken under submission. Court convened with parties and jurors present. Court gives Final Jury Instructions to the Jury. Jurors excused at 2:10 pm & ordered to return on 6/20/2018 at 8:30 AM in Courtroom 8 (BAM) before Judge McAuliffe. Court resumes with parties - discussion held re verdict form - excused at 2:12 pm, until 6/20/2018 at 8:30 AM in Courtroom 8 (BAM) before Judge McAuliffe. Plaintiff's Counsel: James Ashworth - present. Defendant's Counsel: Charles Taylor, Sandra Isom and Ana de Alba - present. Court Reporter/CD Number: ECRO - Jami Thorp. (Valdez, E) |
Filing 100 TRANSCRIPT REQUEST by FedEx Freight, Inc. for proceedings held on 6/19/2018, 6/20/2018 before Judge McAuliffe. Jury Trial Day 6 and Day 7. All day minus jury instructions. Court Reporter ECRO Fresno. (Thorp, J) |
Filing 99 TRANSCRIPT of Proceedings held on 6/18/2018, before Magistrate Judge Barbara A. McAuliffe. JURY TRIAL, DAY 5 filed by ECRO, Phone number 559-499-5928 or 559-499-5612 E-mail Fresno_ECRO@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/12/2018. Redacted Transcript Deadline set for 7/20/2018. Release of Transcript Restriction set for 9/17/2018. (Thorp, J) |
Filing 103 FedEx Freight Inc's Rule 50 MOTION for JUDGMENT as Matter of Law on Issue of Punitive Damages Recovery, by FedEx Freight, Inc.. (Marrujo, C) |
Filing 101 TRANSCRIPT REQUEST by FedEx Freight, Inc. for proceedings held on 6/18/2018 before Judge McAuliffe. Jury Trial Day 5. Court Reporter ECRO Fresno. (Thorp, J) |
Filing 98 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 6/18/2018: 5th Day of JURY TRIAL - HELD. Court convened with parties and jurors present. Plaintiff's Witness sworn & testified: Roy Taylor resumes. Plaintiff RESTS. Defendant's Witnesses each sworn & testified: Alejandro Magana resumes; Todd Crimi; and Brian Jenkins. Exhibits ADMITTED: DX 579.41, DX 543.1, DX 543.2, DX 543.3, PX 49.3, PX 49.4, DX 524.14, DX 533.1, DX 592.1, PX 76, DX 500 and DX 533.2. Deposition of Roy Taylor (video) used. Exhibits used: DX 615, JT 10, JT 22, DX 511, JT 1, DX 509, JT 2, DX 503, JT 24, JT 23, DX 542.1, DX 533, JT 7, PX 74, DX 585, and DX 543. Jurors excused at 11:55 pm & ordered to return on 6/19/2018 at 8:30 AM in Courtroom 8 (BAM) before Judge McAuliffe. Court resumes with parties at 1:09 pm - Defendants Rule 50 Motion - argued, taken under submission; review & discussion of jury instructions and verdict forms - excused at 1:49 pm, until 6/19/2018 at 8:30 AM in Courtroom 8 (BAM) before Judge McAuliffe. Plaintiff's Counsel: James Ashworth - present. Defendant's Counsel: Charles Taylor, Sandra Isom and Ana de Alba - present. Court Reporter/CD Number: ECRO - Jami Thorp (AM) and Otilia Rosales (PM). (Valdez, E) |
Filing 96 TRANSCRIPT of Proceedings held on 6/15/2018, before Magistrate Judge Barbara A. McAuliffe. JURY TRIAL, DAY 4 filed by ECRO, Phone number 559-499-5928 or 559-499-5612 E-mail Fresno_ECRO@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/9/2018. Redacted Transcript Deadline set for 7/19/2018. Release of Transcript Restriction set for 9/17/2018. (Thorp, J) |
Filing 97 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 6/15/2018: 4th Day of JURY TRIAL - HELD. Court & parties only re jurors medical appointment & scheduling conflict. Court convened with parties and jurors present. Plaintiff's Witnesses each sworn & testified: Katyna Naylor resumes; Richard Arp; Roy Taylor resumes; John Diaz; Robert Stephenson (expert witness); and Roy Taylor resumes. Exhibits ADMITTED: DX 602, DX 502, DX 558.1, DX 542.1, and DX 523. Depositions of Robert Stephenson and Roy Taylor (video) used. Exhibits used: PX 77, JT 21, JT 22, JT 23, JT 24, JT 25, PX 84, DX 547, DX 501, PX 1, DX 543, and PX 56. Jurors excused at 4:25 pm & ordered to return on 6/18/2018 at 8:00 AM in Courtroom 8 (BAM) before Judge McAuliffe. Court resumes with parties discussion held re trial schedule - excused at 4:26 pm, until 6/18/2018 at 8:00 AM in Courtroom 8 (BAM) before Judge McAuliffe. Plaintiff's Counsel: James Ashworth - present. Defendant's Counsel: Sandra Isom and Ana de Alba - present. Court Reporter/CD Number: ECRO - Otilia Rosales. (Valdez, E) |
Filing 95 TRANSCRIPT of Proceedings held on 6/14/2018, before Magistrate Judge Barbara A. McAuliffe. JURY TRIAL, DAY 3 filed by ECRO, Phone number 559-499-5928 or 559-499-5612 E-mail Fresno_ECRO@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/6/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/13/2018. (Rosales, O) |
Filing 94 TRANSCRIPT REQUEST by FedEx Freight, Inc. for proceedings held on 6/15/2018 before Judge McAuliffe. Court Reporter ECRO Fresno. (Rosales, O) |
Filing 93 TRANSCRIPT of Proceedings held on 6/13/2018, before Magistrate Judge Barbara A. McAuliffe. JURY TRIAL, DAY 2 filed by ECRO, Phone number 559-499-5928 or 559-499-5612 E-mail Fresno_ECRO@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/5/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/13/2018. (Rosales, O) |
Filing 92 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 6/14/2018: 3rd Day of JURY TRIAL - HELD. Court & parties only re Attorney Taylor, trial schedule and witnesses. Court convened with parties and jurors present. Plaintiff's Witnesses each sworn & testified: Armando Magana, Alejandro Magana, Lance Jackson, Israel Flores and Katyna Naylor. Exhibits ADMITTED: DX 563, PX 73, DX 613, DX 557, DX 555, DX 554, DX 551, DX 550, DX 549, DX 546, DX 545, DX 544, DX 538, DX 537, DX 536, DX 535, DX 534, and DX 532. Deposition of Lance Jackson used. Exhibits used: DX 612, JT 12, JT 14, JT 17, DX 589, DX 612, JT 4, JT 3, JT 10, and JT 16. Jurors excused at 12:53 pm & ordered to return on 6/15/2018 at 8:30 AM in Courtroom 8 (BAM) before Judge McAuliffe. Court resumes with parties - discussion held re trial schedule and witnesses - excused at 12:56 pm, until 6/15/2018 at 8:30 AM in Courtroom 8 (BAM) before Judge McAuliffe. Plaintiff's Counsel: James Ashworth - present. Defendant's Counsel: Sandra Isom and Ana de Alba - present. Court Reporter/CD Number: ECRO - Otilia Rosales. (Valdez, E) |
Filing 91 TRANSCRIPT REQUEST by FedEx Freight, Inc. for proceedings held on 6/14/2018 before Judge McAuliffe. Court Reporter ECRO Fresno. (Rosales, O) |
Filing 90 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 6/13/2018: 2nd Day of JURY TRIAL - HELD. Court & parties held in chambers conference re Attorney Taylor's illness and trial schedule - Attorney Taylor excused for the day. Court convened with parties and jurors present. Plaintiff's Witnesses each sworn & testified: Jerry De La Fuente (via video); Kathy Frohock (video deposition); Gary Fitch; Kelly Hall; and Roy Taylor resumes. Parties stipulated that the video deposition of Kathy Frohock not be recorded by the ECRO clerk. Exhibit ADMITTED: DX 608. Deposition of Jerry De La Fuente used. Exhibits used: DX 520, DX 524.9, DX 607, DX 609, DX 610, DX 611, DX 612, JT 8 and JT 13. Jurors excused at 4:15 pm & ordered to return on 6/14/2018 at 8:00 AM in Courtroom 8 (BAM) before Judge McAuliffe. Court resumes with parties discussion held re trial schedule and witnesses - excused at 4:21 pm, until 6/14/2018 at 8:00 AM in Courtroom 8 (BAM) before Judge McAuliffe. Plaintiff's Counsel: James Ashworth - present. Defendant's Counsel: Charles Taylor, Sandra Isom, and Ana de Alba - present. Court Reporter/CD Number: ECRO - Jami Thorp. (Valdez, E) |
Filing 89 TRANSCRIPT REQUEST by FedEx Freight, Inc. for proceedings held on 6/13/2018 before Judge McAuliffe. Court Reporter ECRO Fresno. (Thorp, J) |
Filing 87 PARTIAL TRANSCRIPT of Proceedings held on 6/12/2018 before Magistrate Judge Barbara A. McAuliffe. OPENING STATEMENTS AND WITNESS ROY TAYLOR filed by ECRO, Phone number 559-499-5928 or 559-499-5612 E-mail Fresno_ECRO@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/5/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/13/2018. (Thorp, J) |
Filing 88 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 6/12/2018: 1st Day of JURY TRIAL - HELD. Court & parties only re procedure and jury instructions; Joint Exhibits (JT 1 thru 24) - ADMITTED. Court convened with potential jurors present in Court. Court - Voir Dired jurors; Plaintiff & Defendant Voir Dired jurors. Jury selected & sworn in. Court provided initial jury instructions to the jurors. Opening Statements by Plaintiff and Defendant (demonstrative aids & exhibits filed on 5/22/18 (ECF. No. #64 ) used). Plaintiff's witness Roy Taylor sworn & testified. Exhibit used: PX 1. Jurors excused at 4:35 pm & ordered to return on 6/13/2018 at 9:00 AM in Courtroom 8 (BAM) before Judge McAuliffe. Court resumed with parties - discussion held re demonstrative evidence used during defense opening statement and video testimony - excused at 4:37pm, until 6/13/2018 at 8:30 AM in Courtroom 8 (BAM) before Judge McAuliffe. Plaintiff's Counsel: James Ashworth - present. Defendant's Counsel: Charles Taylor, Sandra Isom, and Ana de Alba - present. Court Reporter/CD Number: ECRO - Jami Thorp. (Valdez, E) |
Filing 86 PARTIAL TRANSCRIPT REQUEST by FedEx Freight, Inc. for proceedings held on 6/12/2018 before Judge McAuliffe. Opening Statements and Witness Roy Taylor. (Thorp, J) |
Filing 85 MINUTE ORDER (TEXT Only): This Court held a Status Conference on June 6, 2018 to discuss several housekeeping matters before trial including Plaintiff's objection to Defendant's use of video deposition excerpts during opening statements. (Doc. 83). In the objection filed on June 5, 2018, Plaintiff argues that while he previously agreed to allow Defendant to use portions of his videotaped deposition during opening statements, the Court should preclude Defendant from presenting irrelevant and prejudicial portions of his videotaped deposition in its opening statement. Defendant responded on the record that, pursuant to Federal Rule of Civil Procedure 32(a)(3), a party is permitted to introduce an opposing party's deposition testimony at any time. Having read Plaintiff's objections and hearing the parties' oral arguments, for the reasons stated here and made on the record, Plaintiff's objection to the use of video deposition excerpts during Defendant's opening statements is SUSTAINED without prejudice. The practice of allowing video depositions during opening statements and before examinations of those witnesses is disfavored in this district. See Carpenter v. Forest Meadows Owners Ass'n, 1:09-CV-01918-JLT, 2011 WL 3207778 (E.D. Cal. July 27, 2011) (disallowing the playing of videotaped testimony in opening statements because "videotaped testimony may seem more believable or important to the lay jury because it can both see and hear the witness" and because a video deposition can be shown multiple times in the exact same form). Such a premature showing threatens to unduly emphasize specific testimony and risks prejudicial duplication. Accordingly, neither side shall use any videotaped deposition testimony in its opening statement. With respect to reciting deposition transcripts, the Court will not preclude the parties from summarizing or reading aloud portions of deposition testimony during opening statements. signed by Magistrate Judge Barbara A. McAuliffe on 6/7/2018. (Herman, H) |
Filing 84 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 6/6/2018: TELEPHONIC CONFERENCE CALL - held. Order to follow. Plaintiffs Counsel James Ashworth (telephonic) - present. Defendants Counsel Charles Taylor, Sandra Isom & Ann de Alba (telephonic) - present. Court Reporter/CD Number: ECRO - Jami Thorp. (Herman, H) |
Filing 83 RESPONSE by Roy Taylor to #65 Deposition Transcript. (Ashworth, James) |
Filing 82 STIPULATION and ORDER re Testimony of Jerry De La Fuente via Video Conference: that Plaintiff's request to permit percipient witness Jerry De La Fuente to testify at trial via videoconference from Medford, Oregon, on June 13, 2018, at 9:00 a.m. from the law offices of James A. Wickre, located at 816 West 8th Street, is GRANTED. signed by Magistrate Judge Barbara A. McAuliffe on 6/4/2018. (Herman, H) |
Filing 81 MINUTE ORDER (TEXT Only): the Court hereby SETS a TELEPHONIC CONFERENCE CALL on Wednesday, June 6, 2018 at 10:00 AM in Courtroom 8 (BAM) before Judge McAuliffe; parties agreed to the date and time. Parties appearing telephonically may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. signed by Magistrate Judge Barbara A. McAuliffe on 6/1/2018. (Herman, H) |
Filing 80 STIPULATION and PROPOSED ORDER for Video Conf. Testimony of Witness by Roy Taylor. (Ashworth, James) |
Filing 79 NOTICE OF LODGING DOCUMENT IN PAPER by FedEx Freight, Inc.: Defendant FedEx Freight Inc's Notice of Lodging riginal Deposition Transcripts and DVDs. (Taylor, Charles) |
Filing 78 PROPOSED JURY INSTRUCTIONS by Roy Taylor.(Ashworth, James) |
Filing 77 TRIAL EXHIBIT Plaintiff's List of Disc. Docs. Lodged with Court by Roy Taylor.(Ashworth, James) |
Filing 76 WITNESS LIST by Roy Taylor.(Ashworth, James) |
Filing 75 TRIAL EXHIBIT Plaintiff's Exhibit List by Roy Taylor.(Ashworth, James) |
Filing 74 STATEMENT of Joint Proposed Neutral Statement of the Case Pursuant to Pretrial Order of January 10, 2018 by Defendant FedEx Freight, Inc.. (Taylor, Charles) |
Filing 73 PROPOSED VOIR DIRE by FedEx Freight, Inc..(Taylor, Charles) |
Filing 72 PROPOSED VERDICT submitted by Defendant FedEx Freight, Inc..(Taylor, Charles) |
Filing 71 PROPOSED JURY INSTRUCTIONS by FedEx Freight, Inc..(Taylor, Charles) |
Filing 70 EXHIBIT LIST Defendant FedEx Freight Inc's List of Discovery Documents Intended to Be Used at Trial by FedEx Freight, Inc..(Taylor, Charles) |
Filing 69 EXHIBIT LIST Defendant FedEx Freight Inc's Exhibit List by FedEx Freight, Inc..(Taylor, Charles) |
Filing 68 EXHIBIT LIST Defendant FedEx Freight Inc and Plaintiff Roy Taylor's Joint Exhibit List by FedEx Freight, Inc..(Taylor, Charles) |
Filing 67 WITNESS LIST by FedEx Freight, Inc..(Taylor, Charles) |
Filing 66 DEPOSITION TRANSCRIPT of Kathy Frohock taken on April 20, 2018. (Taylor, Charles) |
Filing 65 DEPOSITION TRANSCRIPT of Roy Taylor taken on January 23, 2017. (Taylor, Charles) |
Filing 64 TRIAL EXHIBIT Defendant FedEx Freight Inc.'s Unopposed Demonstrative Aids and Exhibits for Use in Opening Statement and Trial by FedEx Freight, Inc..(Taylor, Charles) |
Filing 63 MINUTE ORDER: (TEXT ENTRY ONLY), signed by Magistrate Judge Barbara A. McAuliffe on 3/5/2018. In light of the joint status report (Doc. #62 ), the STATUS CONFERENCE currently set for March 8, 2018 is VACATED. The parties are reminded that, as stated in the Second Amended Pretrial Order (Doc. #61 ), the remaining trial materials are due May 22, 2018. (Doc. #61 ). Any additional motions in limine or other pretrial motions based on the re-opened discovery should be filed on or before that date.(Kusamura, W) |
Filing 62 JOINT STATUS REPORT by FedEx Freight, Inc.. (Taylor, Charles) |
Filing 61 SECOND AMENDED PRETRIAL ORDER: TRIAL STATUS CONFERENCE set for 3/8/2018 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Exhibits, Jury Instructions, Verdict Forms, Jury Voir Dire and Neutral Statements: Deadline to File: May 22, 2018. Jury trial set for 1/22/2018 is VACATED (Doc. 54). JURY TRIAL (10 days est.) set for 6/12/2018 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 1/10/2018. (Herman, H) |
Filing 60 MINUTE ORDER (TEXT Only): This Court held a Status Conference on January 8, 2018 to discuss the parties' request for an emergency trial continuance. At the conference, counsel for Defendant explained that recent trial preparation revealed that it had mistakenly failed to produce thousands of documents during discovery. Because of the procedural history of this case, which includes two prior lawsuits by Plaintiff, Defendant was operating under the assumption that certain documents had been produced by prior trial counsel in the earlier litigation. It was not until Friday, December 29, 2017, that Defendant realized that assumption was incorrect. To correct the error, Defendant recently produced over 3,500 documents comprising of emails and other documents related to Plaintiff's termination and his subsequent retaliation claim. Having just received thousands of documents, counsel for Plaintiff argued to the Court that while he does not accuse Defendant of gamesmanship, it is impossible for him to proceed to trial on January 22, 2018 based on the belated production. The parties' jointly suggested that the Court continue trial to a date following an approximately seventy-five day discovery period and agreed that Plaintiff would be allowed to take three additional depositions and propound 10 requests for production and requests for admissions. Pursuant to Rules 26(e)(1) and 37(c)(1), the traditional practice of this Court is to exclude, at trial, documents that were not produced during discovery. This sanction, however, would only further prejudice Plaintiff. The Court therefore CONTINUES the JURY TRIAL in this matter to June 12, 2018. A second amended pretrial order reflecting new trial and trial related deadlines shall issue. The Court further SETS a telephonic trial STATUS CONFERENCE for March 8, 2018 at 10:00 a.m. No later than March 1, 2018, each party shall file a brief status report indicating the status of final discovery and trial preparation. signed by Magistrate Judge Barbara A. McAuliffe on 1/8/2018. (Herman, H) |
Filing 59 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 1/8/2018: TELEPHONIC STATUS CONFERENCE held. Order to follow. Plaintiffs Counsel James Ashworth, telephonic - present. Defendants Counsel Charles Taylor, Sandra Isom & Ana de Alba, telephonic - present. Court Reporter/CD Number: ECRO - Jami Thorp. (Herman, H) |
Filing 58 MINUTE ORDER (TEXT Only): At request of counsel, a Telephonic Status Conference is set for Monday 1/8/2018 at 10:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Each party must use the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 1/5/2018. (Thorp, J) |
Filing 57 Order GRANTING the #55 stipulation in lieu of Motions in Limine, signed by Magistrate Judge Barbara A. McAuliffe on 12/20/2017. (Rosales, O) |
Filing 56 Order on Plaintiff's #50 Motion to Allow Live Trial Testimony Via Videoconference, signed by Magistrate Judge Barbara A. McAuliffe on 12/20/2017. (Rosales, O) |
Filing 55 STIPULATION STIPULATIONS IN LIEU OF MOTIONS IN LIMINE by FedEx Freight, Inc.. (Taylor, Charles) |
Filing 54 AMENDED PRETRIAL ORDER: Exhibits, Jury Instructions, Verdict Forms, Jury Voir Dire and Neutral Statements: Deadline to file: Date: no later than 12:00 p.m. (noon) on January 12, 2018. JURY TRIAL (6-7 days) set for January 22, 2018 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 12/8/2017. (Herman, H) |
Filing 53 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 12/8/2017: TELEPHONIC STATUS CONFERENCE held. Order to follow. Plaintiffs Counsel James Ashworth, by telephone - present. Defendants Counsel Charles Taylor and Ana de Alba, by telephone - present. Court Reporter/CD Number: in chambers. (Herman, H) |
Filing 52 OPPOSITION by FedEx Freight, Inc. to #50 MOTION IN LIMINE re testimony via video conf.. (de Alba, Ana) |
Filing 51 MINUTE ORDER (TEXT Only): parties request - a Telephonic Status Conference is set for 12/8/2017 at 10:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Parties appearing telephonically may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. signed by Magistrate Judge Barbara A. McAuliffe on 12/7/2017. (Herman, H) |
Filing 50 MOTION IN LIMINE re testimony via video conf. by Roy Taylor. (Attachments: #1 Declaration)(Ashworth, James) |
Filing 49 PRETRIAL ORDER signed by Magistrate Judge Barbara A. McAuliffe on 11/15/2017. Video Conference Motion in Limine: Filing by 11/20/17, Response by 12/8/17. Motion in Limine to be filed by 12/18/2017. Motions in Limine Response to be filed by 1/8/2018. MOTIONS IN LIMINE set for 1/16/2018 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Exhibits, Jury Instructions, Verdict Forms, Jury Voir Dire and Neutral Statements: Counsel Conference by 12/22/17; Deadline to File by 1/16/2018. JURY TRIAL set for 1/23/2018 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Estimated time: 5-6 Days. (Valdez, E) |
Filing 48 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 11/9/2017: PRETRIAL CONFERENCE held. Order to follow. Plaintiffs Counsel James Ashworth, by telephone - present. Defendants Counsel Charles Taylor and Sandra Isom, both in person - present. Court Reporter/CD Number: ECRO - Araceli Gil-Garcia. (Herman, H) |
Filing 47 MINUTE ORDER (TEXT Only): Parties wishing to appear telephonically may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866, for the Pretrial Conference on November 9, 2017 at 9:00AM. signed by Magistrate Judge Barbara A. McAuliffe on 11/3/2017. (Herman, H) |
Filing 46 PRETRIAL STATEMENT by Defendant FedEx Freight, Inc.. (Attachments: #1 Exhibit Exhibit A- Plaintiff's Witness List, #2 Exhibit Exhibit B- Defendant's Witness List, #3 Exhibit Exhibit C- Plaintiff's Exhibit List, #4 Exhibit Exhibit D- Defendant's Exhibit List)(Taylor, Charles) |
Filing 45 STIPULATION and ORDER to Extend Time to Take Depositions of John Diaz and Jerry De La Fuente, Plaintiff's Expert's Deposition, and to Designate Supplemental Expert Economist. Defendant shall be allowed to take the depositions of Mr. Diaz and Mr. De La Fuente prior to the November 9, 2017 pretrial conference, and it is further agreed that Defendant may take Plaintiffs economists deposition on or before November 1, 2017; provided, further, that Defendant shall be allowed to serve its supplemental expert witness disclosure for an expert economist no later than Wednesday, November 8, 2017, with all other deadlines remaining as previously scheduled herein. signed by Magistrate Judge Barbara A. McAuliffe on 10/10/2017. (Herman, H) |
Filing 44 STIPULATION and PROPOSED ORDER for To Extend Time To Take Depositions of John Diaz and Jerry De La Fuente, Plaintiff's Expert Deposition, and to Designate Supplemental Expert Economist by FedEx Freight, Inc.. (Taylor, Charles) |
Filing 43 ORDER on Defendant FEDEX FREIGHT, INC.'S Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment (Doc. 27): 1. Defendant FedEx's Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment, filed on July 20, 2017, is GRANTED in part and DENIED in part as follows: a. Defendant's Motion for Summary Judgment on Plaintiff's claim for Retaliation is DENIED; b. Defendant's Motion for Summary Judgment on Plaintiff's claim for Wrongful Termination in Violation of Public Policy is DENIED; c. Defendant's Motion for Summary Judgment on Plaintiff's claim for Intentional Infliction of Emotional Distress is GRANTED. signed by Magistrate Judge Barbara A. McAuliffe on 9/12/2017. (Herman, H) |
Filing 42 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 9/1/2017: Defendant's MOTION for Summary Judgment (Doc. 27) HEARING - held. Order to follow. Plaintiffs Counsel James Alsworth - present. Defendants Counsel Tony Carvalho, Charles Taylor and Sandra Isom - present. Court Reporter/CD Number: ECRO - Otilia Rosales. (Herman, H) |
Filing 41 NOTICE of APPEARANCE by Charles Trudrung Taylor on behalf of FedEx Freight, Inc.. (Taylor, Charles) |
Filing 40 REQUEST for Oral Argument by FedEx Freight, Inc. re #39 Reply to Response to Motion, filed by FedEx Freight, Inc.. (Taylor, Charles) |
Filing 39 REPLY by FedEx Freight, Inc. to RESPONSE to #27 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Response FedEx's Opposition to Plaintiff's Separate Statement, #2 Response FedEx's Objections to Plaintiff's Evidence Supporting Plaintiff's Opposition to MSJ, #3 Declaration Declaration of Brian Jenkins, #4 Declaration Declaration of Criss Madrigal)(Taylor, Charles) |
Filing 38 MINUTE ORDER: (TEXT ENTRY ONLY) Due to the unavailability of the Court, Defendant's Motion for Summary Judgment HEARING is Reset: MOTION HEARING is continued from 08/18/2017 to September 1, 2017 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The due date for the reply brief shall remain as if the motion were set for August 18, 2017. The parties are also advised that the court values the importance of training young attorneys, and encourages the parties to consider assigning the oral argument to an attorney with less than five years' experience out of law school. If any party files a notice stating such an attorney from at least one side will argue the motion, the court will go forward with the hearing. If you intend to file such a notice, please do so by 12:00 PM on 8/18/2017. If a notice is not filed, the Court may take the motion under submission without oral argument. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 8/8/2017. (Valdez, E) |
Filing 37 MINUTE ORDER: (TEXT ENTRY ONLY) ORDER DISCHARGING Order to Show Cause. On July 28, 2017, an order issued requiring Plaintiff to show cause why sanctions should not be imposed for his failure to appear at the telephonic status conference. (Doc. 31 ). Subsequently, Plaintiff filed a response on August 2, 2017. (Doc. #33 ). Based upon Plaintiff's response, IT IS HEREBY ORDERED that the July 28, 2017 order to show cause is discharged and no sanctions shall be imposed at this time. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 8/8/2017. (Valdez, E) |
Filing 36 STATEMENT of Separate Statement by Plaintiff Roy Taylor re #27 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Statement Opposition to Def's Sep. Stmt., #2 Objection Letter Objections to Evidence)(Ashworth, James) |
Filing 35 REQUEST for JUDICIAL NOTICE by Roy Taylor in re #34 Opposition to Motion,,. (Ashworth, James) |
Filing 34 OPPOSITION by Roy Taylor to #27 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Declaration Declaration of J. Ashworth, #2 Declaration Declaration of J. De La Fuente, #3 Declaration Declaration of J. Diaz, #4 Declaration Declaration of K. Hall, #5 Declaration Declaration of R. Taylor, #6 Appendix Appendix of Evidence, #7 Exhibit Exhibit No. 1, #8 Exhibit Exhibit No. 2, #9 Exhibit Exhibit Nos. 3 & 4, #10 Exhibit Exhibit Nos. 6 - 10, #11 Exhibit Exhibit No. 5)(Ashworth, James) |
Filing 33 RESPONSE to ORDER to SHOW CAUSE by Roy Taylor. (Ashworth, James) |
Filing 32 STIPULATION and ORDER TO EXTEND TIME TO TAKE PLAINTIFF'S EXPERT'S DEPOSITON AND TO DESIGNATE SUPPLEMENTAL EXPERT ECONOMIST. IT IS HEREBY ORDERED that Plaintiff's expert economist's deposition shall be taken on or before October 13, 2017; provided, further, that Defendant FedEx shall be allowed to serve its supplemental expert witness disclosure for an expert economist no later than October 27, 2017, with all other deadlines remaining as previously scheduled herein. Order signed by Magistrate Judge Barbara A. McAuliffe on 7/28/2017. (Thorp, J) |
Filing 31 MINUTE ORDER: (TEXT ENTRY ONLY) ORDER to SHOW CAUSE: counsel for Plaintiff Roy Taylor is ORDERED TO SHOW CAUSE why this Court should not impose sanctions for his failure to appear at the telephonic status conference on 7/28/2017. Counsel shall respond to this Order to Show Cause, in writing, no later than August 3, 2017. Failure to respond to this Order to Show Cause may result in the imposition of sanctions. signed by Magistrate Judge Barbara A. McAuliffe on 7/28/2017. (Thorp, J) |
Filing 30 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 7/28/2017: TELEPHONIC STATUS CONFERENCE held regarding pending stipulation to extend time to take Plaintiff's expert's deposition and to designate supplemental expert economist (Doc. 24). Order to follow. Plaintiff's Counsel DID NOT APPEAR. Defendant's Counsel Charles Taylor appeared by telephone - present. Court Reporter/CD Number: In Chambers and Off the Record. (Thorp, J) |
Filing 29 STIPULATION AND ORDER TO DISMISS Plaintiff's Fourth Cause of Action for Racial Discrimination in Violation of FEHA, signed by Magistrate Judge Barbara A. McAuliffe on 07/24/17. (Martin-Gill, S) |
Filing 28 REQUEST for JUDICIAL NOTICE by FedEx Freight, Inc. in re #27 Motion for Summary Judgment,,,. (Attachments: #1 Exhibit Exhibits A-B)(Taylor, Charles) |
Filing 27 MOTION for SUMMARY JUDGMENT by FedEx Freight, Inc.. Motion Hearing set for 8/18/2017 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Points and Authorities Points and Authorities, #2 Appendix Appendix of Evidence, #3 Exhibit Exhibits of AE 1-4, #4 Exhibit Exhibits of AE 5-10, #5 Exhibit Exhibits of AE 11-20, #6 Exhibit Exhibit of AE 21 (a), #7 Exhibit Exhibit of AE 21 (b), #8 Exhibit Exhibit of AE 21 (c), #9 Exhibit Exhibit of AE 22 (a), #10 Exhibit Exhibit of AE 22 (b), #11 Exhibit Exhibit of AE 22 (c), #12 Declaration Declaration of Brian Jenkins, #13 Declaration Declaration of Katyna Naylor, #14 Declaration Declaration of Charles Trudrung Taylor, #15 Statement Statement of Undisputed Material Facts, #16 Statement Joint Statement)(Taylor, Charles) |
Filing 26 STIPULATION and PROPOSED ORDER for Dismissal of 4th Cause of Action by Roy Taylor. (Ashworth, James) |
Filing 25 MINUTE ORDER: (TEXT ENTRY ONLY) Having considered the Stipulation and Proposed Order to Extend Time to Take Plaintiff's Expert's Deposition and to Designate Supplemental Expert Economist (Doc. #24 ) filed on July 11, 2017, the Court sets a TELEPHONIC STATUS CONFERENCE for July 28, 2017, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties should be prepared to discuss the pending stipulation and status of this action, and may appear telephonically at the conference with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode: 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 7/12/2017. (Valdez, E) |
Filing 24 STIPULATION and PROPOSED ORDER for To Extend Time To Take Plaintiff's Expert's Deposition And To Designate Supplemental Expert Economist by FedEx Freight, Inc.. (Taylor, Charles) |
Filing 23 NOTICE OF WITHDRAWAL OF COUNSEL by FedEx Freight, Inc.. (Taylor, Charles) |
Filing 22 ORDER SUBSTITUTING ATTORNEY signed by Magistrate Judge Barbara A. McAuliffe on 8/31/2016. Added attorney Charles Trudrung Taylor for FedEx Freight, Inc. Attorney Bren K. Thomas and Andrew Hoon Woo terminated. (Jessen, A) |
Filing 21 ORDER SUBSTITUTING ATTORNEY signed by Magistrate Judge Barbara A. McAuliffe on 8/31/2016. Added attorney Ana de Alba for FedEx Freight, Inc. Attorneys Bren K. Thomas and Andrew H. Woo terminated. (Jessen, A) |
Filing 20 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by FedEx Freight, Inc.. (de Alba, Ana) |
Filing 19 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by FedEx Freight, Inc.. (Taylor, Charles) |
Filing 18 SCHEDULING CONFERENCE ORDER: Amendment to Pleadings: October 3, 2016. Initial Disclosure: July 29, 2016. Expert Disclosure: June 9, 2017. Supplemental Expert Disclosure: June 23, 2017. Non-expert Discovery Cutoff: June 30, 2017. Expert Discovery Cutoff: August 1, 2017. Pretrial MotionFiling Deadline: August 18, 2017. PRETRIAL CONFERENCE set for 11/9/2017 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. JURY TRIAL (5-6 days) set for 1/23/2018 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 7/5/2016. (Herman, H) |
Filing 17 ORDER Assigning Action to Magistrate Judge Barbara A. McAuliffe signed by District Judge Anthony W. Ishii on 07/01/2016. New Case Number: 1:16-cv-438 BAM. (Flores, E) |
Filing 16 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Roy Taylor. (Ashworth, James) |
Filing 15 MINUTE ORDER (TEXT Only): On June 28, 2016, the Court held an Initial Scheduling Conference. At the conference, the parties agreed to consent to the jurisdiction of the magistrate judge pursuant to 28 U.S.C. Sec. 636(c)(1). Plaintiffs are instructed to file their consent form by July 1, 2016. The Court will issue the Scheduling Order after the case is reassigned to the United States Magistrate Judge. signed by Magistrate Judge Barbara A. McAuliffe on 6/28/2016. (Herman, H) |
Filing 14 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 6/28/2016: SCHEDULING CONFERENCE held. Order to follow. Plaintiffs Counsel James Ashworth, present. Defendants Counsel Bren Thomas, present. Court Reporter/CD Number: in chambers, off record. (Herman, H) |
Filing 13 JOINT SCHEDULING REPORT by FedEx Freight, Inc.. Attorney Woo, Andrew Hoon added. (Woo, Andrew) |
Filing 12 MINUTE ORDER (TEXT Only): Due to the press of business, Initial SCHEDULING CONFERENCE is continued from 6/23/2016 to June 28, 2016 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 5/31/2016. (Herman, H) |
Filing 11 NOTICE of RELATED CASE 1:13-cv-01137 by FedEx Freight, Inc.. (Thomas, Bren) |
Filing 10 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by FedEx Freight, Inc.. (Thomas, Bren) |
Filing 9 STATEMENT of Corporate Disclosure by Defendant FedEx Freight, Inc.. (Thomas, Bren) |
Filing 8 ANSWER by FedEx Freight, Inc.. Attorney Thomas, Bren K added.(Thomas, Bren) |
Filing 7 Stipulation to extend Defendant's Deadline for filing responsive pleading; Order, signed by Magistrate Judge Barbara A. McAuliffe on 5/4/2016. (Rosales, O) |
Filing 6 STIPULATION and PROPOSED ORDER for Extension of Time to Respond to Complaint by FedEx Freight, Inc.. Attorney Llaurado, Mireya Anne Rosa added. (Llaurado, Mireya) |
Filing 5 CIVIL COVER SHEET by Roy Taylor (Ashworth, James) |
Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/23/2016 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Consent Form, #2 VDRP) (Lundstrom, T) |
Filing 3 SUMMONS ISSUED as to *FedEx Freight, Inc.* with answer to complaint due within *21* days. Attorney *James C. Ashworth* *The Ashworth Law Office* *1105 Kennedy Place, Suite 8* *Davis, CA 95616*. (Lundstrom, T) |
Filing 2 CLERK'S NOTICE to Attorney James Ashworth re #1 Complaint: Under Local Rule 3-200, every complaint, amended complaint, or other document initiating a civil action shall be accompanied by acompleted civil cover sheet, on a form available from the Clerk and on the Court's website. Please file your civil cover sheet. If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Sant Agata, S) |
RECEIPT number 0972-6391274 for $400.00 for Roy Taylor from James Ashworth. (Sant Agata, S) |
Filing 1 COMPLAINT FOR DAMAGES against All Defendants by Roy Taylor. Attorney Ashworth, James C. added. (Ashworth, James) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.