Morgan v. Napolitano
Plaintiff: John P. Morgan
Defendant: Janet Napolitano, U.S. Department of Homeland Security, Immigration and Customs Enforcement and Federal Protective Service
Case Number: 2:2009cv02649
Filed: September 21, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Dale A. Drozd
Presiding Judge: Lawrence K. Karlton
Nature of Suit: Plaintiff
Cause of Action: 28 U.S.C. ยง 451 Employment Discrimination
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
January 29, 2014 Opinion or Order Filing 119 STIPULATION and ORDER for extension of time to file 63 Status Report signed by Judge Lawrence K. Karlton on 1/28/2014. Parties are GRANTED an extension to and until 2/7/2014 within which to file their Amended Joint Statement. (Marciel, M)
July 3, 2013 Opinion or Order Filing 118 ORDER signed by Judge Lawrence K. Karlton on 7/2/13: Plaintiff's request for reconsideration of the magistrate judge's denial of plaintiff's motion to compel is DENIED. (Kaminski, H)
October 4, 2012 Opinion or Order Filing 116 ORDER signed by Judge Lawrence K. Karlton on 10/3/12 ORDERING 1 Morgan v. Napolitano, case no. 2:09-cv-02649, and Morgan v. Napolitano, case no. 2:12-cv-01287, are hereby CONSOLIDATED. The complaint currently filed in case no. 2:12-cv-012 87 (docket no. 1) shall become the operative complaint in the consolidated action. Plaintiff is granted leave to file an amended complaint within 7 days of entry of this order solely to allege an additional cause of action under the Age Discrimi nation in Employment Act (currently pleaded in the Fifth Amended Complaint in case no. 2:09-cv- 02649 57 , but not pleaded in the complaint in case no. 2:12-cv-01287 (docket no. 1)). Defendant shall file a response to the consolidated compla int (whether amended by plaintiff or not) within 21 days of entry of this order. Any motion filed by defendant in response to the consolidated complaint may only address new matter pleaded in the consolidated complaint and not pleaded in the Fifth Amended Complaint currently filed in case no. 2:09-cv-02649 57 . Plaintiff's cause of action for judicial review of the Merit Systems Protection Board order dated April 13, 2012 shall be tried to the court separately following trial on all other causes of action herein. The parties may not refer to the proceedings that led to this order, or the order itself, in any proceedings before a jury herein. Plaintiff's and defendant's motions to amend the statu s (pretrial scheduling) order currently in effect in case no. 2:09-cv-02649 68 are DENIED as moot. The status (pretrial scheduling) order currently in effect in case no. 2:09-cv-02649 68 is VACATED. A status (pretrial scheduling) conference is set for November 13, 2013 at 11:00 a.m. The parties shall file status reports no later than 14 days before the status conference.(Matson, R)
September 18, 2012 Opinion or Order Filing 114 ORDER signed by Judge Lawrence K. Karlton on 9/18/12 GRANTING 110 Motion to Shorten Time re 109 MOTION and RESETTING Motion Hearing for 10/1/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. IT IS FURTHER ORDERED that defendant may file a response to the motion no later than 9/24/12. (Meuleman, A) Modified on 9/18/2012 (Meuleman, A).
August 9, 2012 Opinion or Order Filing 102 ORDER signed by Magistrate Judge Dale A. Drozd on 8/8/12 ORDERING that the parties' 8/8/12 request for entry of the proposed stipulated protective order 101 is denied without prejudice. (Becknal, R)
June 27, 2012 Opinion or Order Filing 90 ORDER 89 AMENDING PRETRIAL (SCHEDULING) ORDER signed by Judge Lawrence K. Karlton on 6/26/2012. Discovery is to be completed by 9/11/2012. Law and Motion to be submitted by 11/11/2012. Final Pretrial Conference is RE-SET for 2/11/2013 at 2:30 PM in Courtroom 4 (LKK) and Jury Trial is CONTINUED to 5/14/2013 at 10:30 AM in Courtroom 4 (LKK). (Marciel, M)
May 15, 2012 Opinion or Order Filing 88 RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 5/14/2012 ORDERING that case 2:09-cv-2649-LKK-DAD and 2:12-cv-1287-LKK-DAD are RELATED. Because the cases are already assigned to the same district judge and magistrate judge, this order is issued for informational purposes only and shall have no effect on the status of the cases. (Zignago, K.)
January 31, 2012 Opinion or Order Filing 81 ORDER signed by Magistrate Judge Dale A. Drozd on 1/30/12, ORDERING that defendant's 77 ex parte motion for an extension of time to respond to plaintiff's request for production of documents is GRANTED in PART. Defendant must respond to plaintiff's request for production of documents by no later than 2/11/12; and no further extensions of time will be granted for this purpose. (Kastilahn, A)
October 26, 2011 Opinion or Order Filing 73 ORDER APPOINTING SETTLEMENT JUDGE signed by Judge Lawrence K. Karlton on 10/26/11 ORDERING Settlement Conference set for 12/1/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. The parties are DIRECTED to submit confidential settlement conference statements to chambers 7 days prior to the settlement conference. (Meuleman, A)
June 17, 2011 Opinion or Order Filing 62 ORDER signed by Senior Judge Lawrence K. Karlton on 6/16/2011 DENYING 58 dft's Motion to Dismiss the fifth amended complaint; a Status Conference is set for 7/11/2011 at 02:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton; the parties shall file status reports no later than 14 days before the status conference.(Reader, L)
February 10, 2011 Opinion or Order Filing 55 ORDER signed by Senior Judge Lawrence K. Karlton on 2/9/11, ORDERING that 39 defendant's motion to dismiss plaintiff's Fourth Amended Complaint, is GRANTED. Plaintiff's 52 request for leave to amend the complaint, is GRANTED, but plaintiff MAY NOT file the proposed fifth amended complaint attached to that request. Pltf has 30 days from the issuance of this order to file an amended complaint. (Kastilahn, A)
November 24, 2010 Opinion or Order Filing 50 ORDER signed by Senior Judge Lawrence K. Karlton on 11/23/10 CONTINUING Dft's Motion to Dismiss Hearing to 1/24/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Manzer, C)
November 22, 2010 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Dale A. Drozd on 11/22/10 ORDERING that for the reasons set forth on the record, plaintiff's 36 motion to compel and for sanctions is DENIED without prejudice as premature. (Duong, D)
November 18, 2010 Opinion or Order Filing 44 ORDER signed by Senior Judge Lawrence K. Karlton on 11/17/2010 ORDERING the court VACATES the status (pretrial scheduling) order entered 3/9/2010. Plaintiff shall inform the court w/in 7 days of defendant's filing of an answer to the instant complaint, at which time the Court shall set a further status conference.(Matson, R)
September 23, 2010 Opinion or Order Filing 32 ORDER signed by Senior Judge Lawrence K. Karlton on 9/22/10 ORDERING that deft's 25 Motion to Dismiss is GRANTED in part and DENIED in part. DENIED on the grounds of lack of subject matter jurisdiction; GRANTED as to failure to state a claim u nder ADEA; DENIED conditionally as to failure to state a claim under Title VII, it is otherwise GRANTED. Pltf is granted 21 days to amend the following theories: (1) hostile work environment under ADEA and Title VII, (2) discrimination under ADEA, and (3) retaliation under Title VII, ADEA, and ADA. (Owen, K)
June 1, 2010 Opinion or Order Filing 23 ORDER signed by Senior Judge Lawrence K. Karlton on 6/1/2010. Defendants' 14 Motion to Dismiss for lack of subject matter jurisdiction is DENIED but GRANTED as to Dismissal for failure to state a claim. It is further ordered that plaintiff is GRANTED leave of 21 days from issuance of this Order to file a Third Amended Complaint. (Marciel, M)
May 17, 2010 Opinion or Order Filing 19 ORDER signed by Senior Judge Lawrence K. Karlton on 5/17/10 ORDERING Plaintiff to file by 9:00 a.m. on Thursday, 5/20/2010, proof that this Court has jurisdictin over both his ADEA and Title VII claims. All documentation and testimony shall be as specific with respect to date as possible. Failure to do so will result in dismissal of Plaintiff's complaint for lack of subject matter jurisdiction. (Mena-Sanchez, L)
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Plaintiff: John P. Morgan
Represented By: Louis Demas
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Defendant: Janet Napolitano
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Defendant: U.S. Department of Homeland Security
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Defendant: Immigration and Customs Enforcement
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Defendant: Federal Protective Service
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