Gilmore et al v. Union Pacific Railroad Company, et al.,
| Jeremy Gilmore and Dana Gilmore |
| Union Pacific Railroad Company, Dennis Magures, John Parker, Carolyn M. Will, Andrew Ribbing and Leo Martin |
| 2:2009cv02180 |
| August 7, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Dale A. Drozd |
| John A. Mendez |
| Defendant |
| 42 U.S.C. ยง 1986 Neglect of Duty |
| Defendant |
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Filing
497
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 11/15/12 ORDERING defendant to SHOW CAUSE in writing why to date it has failed to comply with the undersigned's 495 Order and why it should not be sanctioned for failing to ti mely comply with that order. In the alternative, if defendant files the requisite dismissal documents and fully complies with the undersigned's 495 Order within 7 days of entry of this order, such compliance will effectuate the discharge of this order to show cause. (Meuleman, A)
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Filing
495
ORDER signed by Magistrate Judge Kendall J. Newman on 10/26/12 ORDERING 488 Motion for Enforcement of Settlement is denied; Given that the settlement has funded and that plaintiffs have signed the Settlement Agreement dismissing this case and releasing claims against defendant, defendant is ordered to sign the dismissal documents so that this case may be closed. (Matson, R)
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Filing
480
ORDER signed by Judge Kimberly J. Mueller on 8/2/2012 ORDERING 447 Motion for Reconsideration, 456 Motion for Reconsideration, and 457 Motion for Reconsideration are DENIED. (Waggoner, D)
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Filing
448
ORDER signed by Judge Kimberly J. Mueller on 3/8/2012 ORDERING 268 Motion in Limine 1 is GRANTED; 274 Motion in Limine 27 is GRANTED, subject to the limitation that no evidence about the manner in which Ribbing's signuature was placed on the termination letter will be admitted; 309 Motion in Limine 21 is GRANTED. (Waggoner, D)
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Filing
325
ORDER signed by Judge Kimberly J. Mueller on 09/29/11 ORDERING tht the hearing on all Motions in Limine, previously set for 10/12/11 are CONTINUED to 11/30/11 at 01:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller; oppositions and replies to the Motions in Limine are due 11/14/11; Pretrial Conference CONTINUED to 02/29/12 at 11:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller; Trial CONTINUED to 04/23/12 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Benson, A.)
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Filing
258
ORDER signed by District Judge Kimberly J. Mueller on 8/11/11 VACATING all dates currently set for filing, responding to and hearing motion in limine and trial. Motions in limine is SET for 10/12/2011 at 01:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Motions shall now be filed no later than 9/14/2011, oppositions due by 9/28/11 and optional replies are due by 10/5/11. (Donati, J)
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Filing
248
ORDER signed by District Judge Kimberly J. Mueller on 08/02/11 ORDERING that the parties are directed to file a true joint pretrial statement by 08/08/11, signed by all trial counsel, representing that counsel have in fact conferred about all disputed facts and evidentiary issues. Motions in limine are due no later than 5 p.m. on 08/12/11, with oppositions due no later than 5 p.m. on 08/17/11. A hearing on the motions in limine will be held on Friday, 08/19/11 at 2:00 p.m. (Benson, A.)
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Filing
240
ORDER denying 200 Defendant's Motion for Summary Judgment and granting in part and denying in part 201 Plaintiffs' Motion for Summary Judgment signed by District Judge Kimberly J. Mueller on 7/26/11. (Kaminski, H)
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Filing
233
ORDER signed by District Judge Kimberly J. Mueller on 6/10/11 ORDERING that the parties may submit letter briefs with additional citations to cases applicable to the mental privacy issue raised in this case no later than Friday, 6/10/11. The parties ' joint statement of undisputed facts is due no later than 6/17 and their separate statements of disputed facts are due by 6/24/11. In light of the pending motion for summary judgment, the court vacates the dates for the submission of the joint pretrial statement and for final pretrial conference and sets the following dates: The joint pretrial statement is now due 7/20/11 and final pretrial conference will be held on 7/27/11 at 10:00 a.m; motions in limine are due by 8/8/11 and will be heard the first day of trial. (Becknal, R)
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Filing
228
ORDER signed by District Judge Kimberly J. Mueller on 6/6/2011 re 222 ORDERING that within twenty-fours hours of the filing of this order, plaintiffs identify by ECF document and ECF page number the exhibit they ask the court to seal.(Duong, D)
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Filing
207
ORDER signed by District Judge Kimberly J. Mueller on 05/24/2011 granting 206 Request for page limitation extension. Plaintiffs shall be allowed to file an opposition to Union Pacific's Motion for Summary Judgment that exceeds the page limitation of 20 pages.(Waggoner, D)
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Filing
199
ORDER signed by District Judge Kimberly J. Mueller on 5/3/11 GRANTING 198 Request for extension of page limitation to 35 pages. (Matson, R)
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Filing
197
ORDER signed by District Judge Kimberly J. Mueller on 4/22/2011 GRANTING 196 Request for Page Limitation Extention. (Zignago, K.)
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Filing
193
ORDER signed by Magistrate Judge Dale A. Drozd on 04/09/11 following (#192) 04/08/11 hearing ORDERING that dft's 191 motion to compel deposition of third party Joe Shelby and for sanctions is GRANTED IN PART and DENIED IN PART. Dft's depo sition of Mr. Shelby shall take place on 02/28/11, at 1:30 p.m. at the place designated. If Mr. Shelby is unable to appear on that date, plfs' counsel shall work with dft's counsel to re-set the date within the discovery deadline. Plaintiff s' counsel shall pay the court reporter costs with respect to the aborted deposition. Plaintiffs' 162 motion to compel deposition of custodian of records is DENIED w/o prejudice. Plaintiffs' 190 motion to compel inspection of Loc omotive Engine 9643 and for sanctions is GRANTED IN PART and DENIED IN PART. Defendants shall make Locomotive Engine 9643 available for inspection by plf and his expert in either Shreveport, LA or Little Rock, AR on 04/14/110, with plf's decisio n as to which of those locations to be made by the end of the day on 04/08/11, in order to facilitate the parties' travel arrangements. The inspection shall last for a duration not to exceed two hours. Plaintiffs' motion for sanctions is DENIED and each side shall bear its own costs. (Benson, A.)
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Filing
189
ORDER signed by Magistrate Judge Dale A. Drozd on 4/1/11 GRANTING 187 Ex Parte Application filed by Jeremy Gilmore; Plaintiffs' March 30, 2011 application for an order shortening time for hearing a motion to compel the inspection of Locomotive Engine No. 9643 (Doc. No. 187) is granted,and plaintiffs' motion to compel shall be noticed for hearing on April 8, 2011, at 10:00 a.m. in Courtroom 27 of this court. Counsel shall confer and produce a Joint Statement that shall be filed no la ter than April 6, 2011, at 5:00 p.m., concurrently with Plaintiffs' separately filed notice of motion and motion to compel the inspection of Locomotive Engine No. 9643. Plaintiffs' motion shall not exceed two pages in length. The parties' Joint Statement shall not exceed ten (10) pages in length, with each party allotted no more than five(5) pages. (Matson, R)
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Filing
177
ORDER signed by District Judge Kimberly J. Mueller on 3/3/11 ORDERING that Plaintiff's Application for an order shortening time for the hrg of Plaintiff's Motion to Amend the Pretrial Scheduling Order, is GRANTED. The hrg for the motion to amend the pretrial scheduling order will be heard on 3/16/11 at 10:00 a.m. in Courtroom 3; The motion shall be filed by 3/4/11, opposition shall be filed by 3/9/11 and plaintiffs' reply by 3/11/11; Defendant's application for an order shor tening time to file a motion to exclude untimely disclosed witnesses, experts and evidence is GRANTED and the motion will be heard on 3/16/11 at 10:00 a.m. in Courtroom 3; The same briefing schedule will govern the papers in this case Motion Hearing set for 3/16/2011 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. (Becknal, R)
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Filing
166
ORDER signed by Magistrate Judge Dale A. Drozd on 2/23/11 ORDERING that both MOTIONS 156 , 162 will be SET for 2/25/2011 at 10:00 AM in Courtroom 27. Counsel shall confer as required by Local Rule 251 (b) and produce a single Joint Statement addre ssing both Motions. The single Joint Statement shall be no longer than ten (10) pages in lengh with each party allotted no more than five (5) pages each; and the parties' single Joint Statement shall be filed on or before 2/24/11 at 5:00.(Mena-Sanchez, L)
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Filing
157
ORDER signed by Magistrate Judge Dale A. Drozd on 2/11/2011 ORDERING that Dft's 155 Motion to Compel is GRANTED IN PART and DENIED IN PART. (Zignago, K.)
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Filing
154
ORDER signed by Magistrate Judge Dale A. Drozd on 1/25/11: 152 Application for order shortening time for hearing on motion to compel second defense physical examination of plaintiff JEREMY GILMORE is granted in part. Defendant's Notice of Motion and Motion shall be filed concurrently with the parties' Joint Statement on or before February 4, 2011, for hearing on February 11, 2011, at 10:00 a.m. in Courtroom 27. (Kaminski, H)
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Filing
150
STIPULATION and ORDER signed by Judge John A. Mendez on 1/3/11 ORDERING parties to complete discovery by 3/1/2011; dispositive motions filed by 5/2/2011; dispositive motion to be heard 6/1/11 at 9:30 AM before Judge John A. Mendez; joint pretrial statements due by 6/28/11; and the trial is set for 9:00 AM on 8/15/11 in Courtroom 6 (JAM) before Judge John A. Mendez. (Carlos, K)
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Filing
142
ORDER signed by Magistrate Judge Dale A. Drozd on 12/20/10 DENYING as untimely pltf's 140 Motion to Compel; denial is without prejudice to refiling only if discovery in this action is further extended. (Manzer, C)
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Filing
141
ORDER signed by Magistrate Judge Dale A. Drozd on 12/17/2010 ORDERING Plaintiffs' motion to compel further responses to their Request for Production of Documents, Set 7 (Doc. No. 116) is granted in part and denied in part. The motion is granted as to Request Nos. 70, 73, 79, and 80, except that these requests are limited to documents for calendar years 2008 and 2009. Plaintiffs' motion is denied as to Request Nos. 68 and 71 and as to the request for sanctions. All documents produced p ursuant to this order shall be served on plaintiffs' counsel so that they are received on or before January 7, 2011. Defendants' motion for protective order (Doc. No. 113) is granted, and all documents produced pursuant to this order are subject to the stipulated protective order filed December 8, 2010 (Doc. No. 135).(Matson, R)
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Filing
135
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 12/7/2010 GRANTING 134 the Court enters the stipulated protective order as an order of the Court. It is further agreed and stipulated that Union Pacific shall produce on or before 12/17/2010 the names and last known contact information that was withheld from dft's responses to pltf Jeremy Gilmore's Special Interrogatories, Set Two. (Reader, L)
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Filing
133
ORDER signed by Magistrate Judge Dale A. Drozd on 12/3/10, ORDERING that 90 pltf's motion for leave to propound more than 25 interrogatories is DENIED. (Kastilahn, A)
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Filing
117
ORDER signed by Magistrate Judge Dale A. Drozd on 11/22/2010 ORDERING that Plaintiffs' 75 motion to compel further responses to their Requests for Production of Documents, Sets 3 and 4 is GRANTED as those requests were limited on the record in open court; defendant's further responses (including any response stating that the requested documents have previously been produced pursuant to other requests) shall be served within 21 days after the date on which this order is filed. Plaintiff Dana Gilmore's 77 motion to compel further responses to her Request for Admissions and corresponding Interrogatories is DENIED without prejudice. The requests for sanctions included in both 75 77 motions are DENIED.(Duong, D)
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Filing
92
STIPULATION and ORDER signed by Judge John A. Mendez on 10/26/10 ORDERING that the expert disclosure deadline is extended to 11/5/2010. (Owen, K)
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Filing
89
STIPULATION and ORDER signed by Judge John A. Mendez on 10/08/10 TO EXTEND EXPERT DISCLOSURES AND DISCOVERY. Designation of Expert Witnesses due by 10/29/2010; Discovery due by 1/14/2011. (Williams, D)
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Filing
71
ORDER signed by Magistrate Judge Dale A. Drozd on 9/19/10, ordering that for the reasons stated on the record, the parties' motions for sanctions 53 , 64 are DENIED. (Kastilahn, A)
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Filing
63
ORDER granting 58 Ex Parte Application, signed by Magistrate Judge Dale A. Drozd on 9/3/10. Pltfs' motion to recover costs and for sanctions shall be noticed for hearing on 9/17/10, and shall be filed and served on or before 9/9/10; and the parties joint statement shall be filed on or before 9/15/10. (Kastilahn, A)
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Filing
47
ORDER signed by Judge John A. Mendez on 7/26/2010 ORDERING the claims against Andrew Ribbing are dismissed. Plaintiffs should file an amended complaint w/in 20 days of this Order if they wish to attempt to include Ribbing as a defendant in their Retaliation claim. The Motion to Strike is moot. (Matson, R)
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Filing
44
ORDER signed by Judge John A. Mendez on 5/20/2010 GRANTING IN PART and DENYING IN PART 27 Motion to Dismiss. Dfts Magures, Parker and Marin are DISMISSED from this action. (Engbretson, K.)
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Filing
43
ORDER signed by Judge John A. Mendez on 05/03/10 ORDERING that plf's 18 Motion for Reconsideration is DENIED. (Benson, A.)
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Filing
17
ORDER signed by Judge John A. Mendez on 12/1/09 ORDERING that Defendant's 8 Motion to Dismiss is GRANTED IN PART, and DENIED IN PART. Defendant's Motion to Strike is DENIED and Defendant's request that the Court find that the individ ually named defendants are fraudulently joined is DENIED. More specifically the Court hereby ORDERS that the third, sixth, and eighth causes of action are DISMISSED WITH PREJUDICE. The fifth cause of action is DISMISSED WITHOUT PREJUDICE. Individua lly named defendant Carolyn Will is DISMISSED from this action. Plaintiffs file and serve their Second Amended Complaint on all Defendants within twenty (20) days of the date of this Order or file a dismissal of the four remaining individually named defendants. (Duong, D)
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