(PS) Bell III v. University of California Davis Medical Center et al
| William Bell III |
| University of California Davis Medical Center, Larry Vanderhoef, Ph.D., Virginia Hinshaw, Joseph Silva, M.D., Robert Chason, James A. Brunberg, MD, Sigrid Owyang, Sherri Stone, P. Haggard, Valerie Manuel, Misti Lang, Margarie Gorthy, Dana Whitfield, Debra Gage, Gearson Stauber, MD/AMD, Dr. John Luke, MD, Katherine Salazar, Teresa Meagher, Barbara Bidigaire, Yolanda Orosco and Nancy Caratti |
| 2:2011cv01864 |
| July 15, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Allison Claire |
| Morrison C England |
| Civil Rights: Jobs |
| 42 U.S.C. § 12101 Americans with Disabilities Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 9, 2013. A more recent docket listing may be available from PACER.
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Filing 60
JUDGMENT dated *10/9/2013* in favor of Defendants against Plaintiff pursuant to order signed by Chief Judge Morrison C. England, Jr. on 10/8/2013. (Michel, G)
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Filing 59
ORDER signed by Chief Judge Morrison C. England, Jr. on 10/8/2013 ADOPTING, in full, #55 Findings and Recommendations; GRANTING #49 Motion to Strike; GRANTING #50 Motion to Dismiss. CASE CLOSED. (Michel, G)
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| SERVICE BY MAIL: #59 Order Adopting Findings and Recommendations, #60 Judgment served on William Bell, III. (Michel, G) |
| MAIL RETURNED as Undeliverable, No such number: #55 Findings and Recommendations sent to William Bell III. Notice of Change of Address due by 12/12/2013. (Manzer, C) |
| Filing 58 RESPONSE by Teresa Meagher, University of California Davis Medical Center to #56 Objections to Findings and Recommendations. (Attachments: #1 Proof of Service)(Burkett, David) |
| Filing 57 NOTICE of CHANGE of ADDRESS to 4 Cleaves Court, Chico, CA 95973 by William Bell III. (Zignago, K.) |
| Filing 56 OBJECTIONS by Plaintiff William Bell III to #55 FINDINGS and RECOMMENDATIONS. (Meuleman, A) |
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Filing 55
ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/16/2013 ORDERING that the hearing on defendants' motion to dismiss set for 9/25/2013 is VACATED; RECOMMENDING that defendants' #50 motion to dismiss be granted; Referred to District Judge Morrison C. England, Jr.; Objections due within 14 days after being served with these F & R's.(Reader, L) Modified on 9/24/2013 (Donati, J).
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| SERVICE BY MAIL: #55 Order and Findings and Recommendations, served on William Bell III. (Reader, L) |
| Filing 54 ASSOCIATION of ATTORNEY: Added attorney Jeremy P. Ehrlich for Teresa Meagher,Jeremy P. Ehrlich for University of California Davis Medical Center. (Attachments: #1 Proof of Service)(Burkett, David) |
| MAIL RETURNED as Undeliverable, not deliverable as addressed: #53 Order sent to William Bell III. Notice of Change of Address due by 11/18/2013. (Zignago, K.) |
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Filing 53
ORDER signed by Magistrate Judge Allison Claire on 8/13/13 ORDERING that the hearing date of August 21, 2013 is vacated. Hearing on defendants' motion to dismiss and motion to strike is continued to September 25, 2013 at 10:00 a.m. in Courtroom No. 26; Plaintiff shall file opposition, if any, to the motion to dismiss and motion to strike, no later than September 11, 2013. Failure to file opposition and appear at the hearing will be deemed as a statement of non-opposition and shall result in a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). (Becknal, R)
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| SERVICE BY MAIL: #53 Order served on William Bell III. (Becknal, R) |
| Filing 52 MINUTE ORDER: (Text Only)by CRD to Magistrate Judge Claire, re #50 Motion to Dismiss. SET/RESET MOTION HEARING as to #50 . Due to the Court's schedule the MOTION to DISMISS is hereby continued to 8/21/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Callen, V) |
| SERVICE BY MAIL: 52 Minute Order,, Set/Reset Motion Hearing, served on William Bell III. (Callen, V) |
| Filing 51 CERTIFICATE of SERVICE by Teresa Meagher, University of California Davis Medical Center re #49 MOTION to STRIKE, #50 MOTION to DISMISS. (Burkett, David) Modified on 6/27/2013 (Kaminski, H). |
| Filing 50 AMENDED MOTION to DISMISS by Teresa Meagher, University of California Davis Medical Center. Motion Hearing set for 8/7/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Attachments: #1 Memorandum, #2 Proof of Service)(Burkett, David) Modified on 6/26/2013 (Kaminski, H). |
| Filing 49 AMENDED MOTION to STRIKE Portions of Plaintiff's Third Amended Complaint by Teresa Meagher, University of California Davis Medical Center. Motion Hearing set for 8/7/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Attachments: #1 Memorandum, #2 Proof of Service)(Burkett, David) Modified on 6/26/2013 (Kaminski, H). |
| Filing 48 MOTION to DISMISS by Teresa Meagher, University of California Davis Medical Center. Motion Hearing set for 8/28/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: #1 Memorandum, #2 Proof of Service)(Burkett, David) |
| Filing 47 MOTION to STRIKE Portions of Plaintiff's Third Amended Complaint (FRCP 12(f)) by Teresa Meagher, University of California Davis Medical Center. Motion Hearing set for 8/28/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: #1 Memorandum, #2 Proof of Service)(Burkett, David) |
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Filing 46
ORDER signed by Chief Judge Morrison C. England, Jr. on 6/7/2013 ADOPTING, in full, #41 Findings and Recommendations; GRANTING #31 Motion to Dismiss; DISMISSING, without leave to amend, Plaintiff's claims as to Title VII, wrongful termination, FMLA as to the Regents; GRANTING Plaintiff leave to amend the remaining claims. (Michel, G)
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| Filing 45 MINUTE ORDER: (Text Only)by CRD V. Callen re 39 Minute Order. In light of the pending Findings and Recommendations the scheduling/status Conference set on Wednesday, June 19, 2013 is hereby vacated from the calendar until further order of the court. (Callen, V) |
| SERVICE BY MAIL: 45 Minute Order, served on William Bell III. (Callen, V) |
| SERVICE BY MAIL: #46 Order Adopting Findings and Recommendations served on William Bell, III. (Michel, G) |
| Filing 44 CERTIFICATE of SERVICE for #43 Second Status Report by defendants. (Burkett, David) Modified on 6/6/2013 (Marciel, M) |
| Filing 43 SECOND STATUS REPORT by Teresa Meagher and University of California Davis Medical Center. (Burkett, David) Modified on 6/6/2013 (Marciel, M) |
| Filing 42 THIRD AMENDED COMPLAINT against All Defendants by William Bell III.(Kastilahn, A) |
| Filing 41 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/6/13: RECOMMENDED that defendants' motion to dismiss be granted #31 . The following claims be dismissed without leave to amend: Title VII, wrongful termination, FMLA as to the Regents. Plaintiff be granted leave to amend the remaining claims. F&R referred to Judge Morrison C. England, Jr.. Objections to F&R due within fourteen days. (Kaminski, H) |
| SERVICE BY MAIL: #41 Findings and Recommendations, served on William Bell III. (Kaminski, H) |
| Filing 40 MINUTES (Text Only) for proceedings held before Magistrate Judge Allison Claire: MOTION HEARING held on 5/1/2013 re #35 Order, Set/Reset Motion Hearing,, #31 MOTION to DISMISS filed by Teresa Meagher, University of California Davis Medical Center, 39 Minute Order, Set/Reset Motion Hearing. The matter is submitted and the court will issue a written order. Plaintiffs Counsel Pro Se Plaintiff Present. Defendants Counsel David Burkett Present. Court Reporter/CD Number: 1 of 1. (Callen, V) |
| Filing 39 MINUTE ORDER: (Text Only)By CRD to Magistrate Judge Allison Claire, re 30 Minute Order and #25 Order. In light of the pending Motion to Dismiss, the Scheduling/Status Conference before Judge Claire on April 10, 2013 is hereby continued. The Motion Hearing is now scheduled for 6/19/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.(Callen, V) |
| SERVICE BY MAIL: 39 Minute Order,, Set/Reset Motion Hearing, served on William Bell III. (Callen, V) |
| Filing 38 CERTIFICATE of SERVICE by Teresa Meagher, University of California Davis Medical Center re #37 Status Report. (Burkett, David) |
| Filing 37 JOINT STATUS REPORT by Teresa Meagher, University of California Davis Medical Center. (Burkett, David) |
| Filing 36 OPPOSITION by William Bell III to #31 MOTION to DISMISS. (Becknal, R) |
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Filing 35
ORDER signed by Magistrate Judge Allison Claire on 3/15/2013 ORDERING that the hearing date of 3/27/2013 is VACATED. Hearing on defendants' motion to dismiss is CONTINUED to 5/1/2013 at 10:00 a.m. in courtroom no. 26. Plaintiff shall file opposition, if any, to the motion to dismiss, no later than 4/17/2013. (Zignago, K.)
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| SERVICE BY MAIL: #35 Order served on William Bell III. (Zignago, K.) |
| Filing 34 WAIVER of SERVICE RETURNED EXECUTED: Teresa Meagher, University of California Davis Medical Center Waiver sent on 11/29/2012. (Manzer, C) |
| Filing 33 ASSOCIATION of ATTORNEY: Added attorney Nancy Joan Sheehan for Teresa Meagher,Nancy Joan Sheehan for University of California Davis Medical Center. (Sheehan, Nancy) |
| Filing 32 CERTIFICATE of SERVICE by Teresa Meagher, University of California Davis Medical Center re #31 MOTION to DISMISS. (Burkett, David) |
| Filing 31 MOTION to DISMISS by Teresa Meagher, University of California Davis Medical Center. Attorney Burkett, David Pontus Eugene added. Motion Hearing set for 3/27/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Attachments: #1 Points and Authorities)(Burkett, David) |
| Filing 30 MINUTE ORDER: (Text Only) By CRD to Magistrate Judge Claire re #25 Scheduling/Status Conference. Due to the Court's schedule, the hearing is continued. The Scheduling Conference is now set for 4/10/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Callen, V) |
| SERVICE BY MAIL: 30 Minute Order, Set/Reset Motion Hearing,, served on William Bell III. (Callen, V) |
| Filing 29 PRETRIAL SCHEDULING/STATUS CONFERENCE REPORT by William Bell III. (Meuleman, A) |
| Filing 28 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by William Bell III. (Manzer, C) |
| Filing 27 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by William Bell III. (Lundstrom, T) |
| Filing 26 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/20/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Meuleman, A) |
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Filing 25
ORDER signed by Magistrate Judge Allison Claire on 12/21/12 SETTING Status Conference for 3/20/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. The parties shall submit to the court and serve by mail on all other parties, no later than 14 days before the Status (Pretrial Scheduling) Conference, a status report addressing the matters more clearly outlined within this order. Chambers to be notified immediately of any settlemetn or other disposition. The Clerk shall send plaintiff 3 copies of the Consent Form with this order. Plaintiff shall serve on each defendant within 10 days after the service of process, a copy of this order and a copy of the Consent form and shall file with the clerk a certificate reflecting such service. (Meuleman, A) Modified on 12/21/2012 (Meuleman, A).
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| SERVICE BY MAIL: #26 3 copies Consent form for AC served on William Bell III. (Meuleman, A) |
| Filing 24 NOTICE of Submission to the USM by William Bell, III. re #21 Order. (Reader, L) |
| Filing 23 SUMMONS ISSUED as to *Teresa Meagher, University of California Davis Medical Center* with answer to complaint due within *21* days. Attorney *William Bell III* *9411 Wesheimer Road* *Apt. 219 B* *Houston, TX 77063*. (Donati, J) |
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Filing 22
ORDER by Chief Judge Morrison C. England, Jr.: Due to the appointment of Magistrate Judge *Allison Claire* to the bench of the Eastern District, this action is reassigned from *Magistrate Judge Dale A. Drozd* for all further proceedings. (Donati, J)
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| SERVICE BY MAIL: #22 Order Reassigning Magistrate Judge, served on William Bell III. (Donati, J) |
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Filing 21
ORDER signed by Magistrate Judge Dale A. Drozd on 10/25/2012 GRANTING #19 Plaintiff's application to proceed in IFP; the Clerk of the Court is directed to issue process and to send plaintiff an instruction sheet for service of process by the United States Marshal, two ea USM-285 forms, a summons form, and an endorsed copy of plaintiff's #18 second amended complaint; within 30 days after this order is served, plaintiff shall submit to the USM the 2 properly completed USM-285 forms, completed copies of the summons form, and the number of copies of the endorsed complaint and of this order required by the USM; the required documents shall be submitted directly to the USM either by personal delivery or by mail to the USM, Sacramento, CA; within 10 days after submitting the required materials to the USM, plaintiff shall file with this court a declaration stating the date on which he submitted the required documents to the USM; within 30 days after receiving the necessary materials from plaintiff, the USM is directed to serve process on defendants UC Davis Medical Center and Theresa Meagher, without prepayment of costs. (Reader, L) Modified on 10/26/2012 (Reader, L).
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| SERVICE BY MAIL: #21 Order on Motion to Proceed in forma pauperis, served on William Bell III w/Order Directing Service, inst sheet, 2 USM-285 forms, summons and endorsed copy of the 2nd Amended Complaint #18 . (Reader, L) Modified on 10/26/2012 (Reader, L). |
| Filing 20 NOTICE of CHANGE of ADDRESS to 9411 Westheimer Road, Apt. 219B, Houston, Texas 77063 by William Bell, III. (Michel, G) |
| Filing 19 MOTION to PROCEED IN FORMA PAUPERIS by William Bell III. (Matson, R) |
| Filing 18 SECOND AMENDED COMPLAINT against All Defendants by William Bell III.(Matson, R) |
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Filing 17
ORDER signed by Magistrate Judge Dale A. Drozd on 04/12/12 ORDERING that plf's #16 Motion to Proceed IFP is DENIED; the #15 Amended Complaint is DISMISSED with leave to amend; Clerk to send plaintiff an Application to Proceed In District Court Without Prepaying Fees or Costs; plaintiff shall submit, within 30 days, a properly completed application to proceed IFP; within 30 days an amended complaint shall be filed. (Benson, A.)
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| SERVICE BY MAIL: #17 Order and IFP form served on William Bell III. (Benson, A.) |
| Filing 16 MOTION to PROCEED IN FORMA PAUPERIS by William Bell III. (Michel, G) |
| Filing 15 FIRST AMENDED COMPLAINT against All Defendants by William Bell III. (Attachments: #1 Civil Cover Sheet) (Michel, G) |
| MAIL RETURNED as Undeliverable, not deliverable as addressed: #13 Order sent to William Bell III. Notice of Change of Address due by 2/16/2012. (Zignago, K.) |
| RE-SERVICE BY MAIL: #13 Order on Motion to Proceed IFP served on William Bell III. (Michel, G) |
| MAIL RETURNED as Undeliverable, RTS - Attempted, Not Known; Unable to Forward: #13 Order on Motion to Proceed IFP sent to William Bell, III. Notice of Change of Address due by 2/6/2012. (Michel, G) |
| Filing 14 NOTICE of CHANGE of ADDRESS to 2500 Lazy Hollow, Apt. 137 C Houston, TX 77063 by William Bell III. (Mena-Sanchez, L) |
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Filing 13
ORDER signed by Magistrate Judge Dale A. Drozd on 11/10/2011 ORDERING that Plaintiff's #3 April 1, 2011, application to proceed in forma pauperis is denied without prejudice. The #1 complaint filed April 1, 2011 is DISMISSED with leave to amend. Within twenty-eight days from the date of this order, an amended complaint shall be filed that cures the defects noted in this order and complies with the Federal Rules of Civil Procedure and the Local Rules of Practice. The amended complaint must bear the case number assigned to this action and must be titled "Amended Complaint." Failure to respond to this order in a timely manner may result in a recommendation that this action be dismissed. (Duong, D)
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| SERVICE BY MAIL: #13 Order on Motion to Proceed in forma pauperis served on William Bell III. (Duong, D) |
| Filing 12 CASE TRANSFERRED IN from District of California Northern; Case Number 4:11-cv-01590. |
| Electronically transfer case to the Eastern District of California (cp, COURT STAFF) (Filed on 7/15/2011) [Transferred from cand on 7/15/2011.] |
| APPLICATION TO PROCEED IFP filed - Action Required. (Waggoner, D) |
| Filing 11 CLERKS NOTICE of Certificate of Service of Order Transferring Case to the Eastern District of California (cwlc1, COURT STAFF) (Filed on 7/1/2011) [Transferred from cand on 7/15/2011.] |
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Filing 10
ORDER TRANSFERRING CASE.. Signed by Judge Claudia Wilken on July 1, 2011. (cwlc1, COURT STAFF) (Filed on 7/1/2011) [Transferred from cand on 7/15/2011.]
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| Filing 9 CASE MANAGEMENT STATEMENT filed by William Bell III. (Attachments: #1 Envelope)(cp, COURT STAFF) (Filed on 6/13/2011) [Transferred from cand on 7/15/2011.] |
| Filing 8 CERTIFICATE OF SERVICE re #7 Case Management Scheduling Order. (ndr, COURT STAFF) (Filed on 5/6/2011) [Transferred from cand on 7/15/2011.] |
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Filing 7
CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE: Case Management Statement due by 7/5/2011. Case Management Conference set for 7/12/2011 02:00 PM. Signed by Judge Claudia Wilken on 5/6/2011. (ndr, COURT STAFF) (Filed on 5/6/2011) [Transferred from cand on 7/15/2011.]
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Filing 6
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Claudia Wilken for all further proceedings. Judge Magistrate Judge Maria-Elena James no longer assigned to the case.. Signed by Executive Committee on 5/6/11. (as, COURT STAFF) (Filed on 5/6/2011) [Transferred from cand on 7/15/2011.]
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| Filing 5 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (Attachments: #1 Appendix Certificate of Service) (bjtS, COURT STAFF) (Filed on 4/6/2011) [Transferred from cand on 7/15/2011.] |
| Filing 4 Declination to Proceed Before a U.S. Magistrate Judge by William Bell III. (mjj2, COURT STAFF) (Filed on 4/1/2011) [Transferred from cand on 7/15/2011.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by William Bell III. (mjj2, COURT STAFF) (Filed on 4/1/2011) [Transferred from cand on 7/15/2011.] Modified to set motion pending on 7/15/2011 (Waggoner, D). |
| Filing 2 ADR SCHEDULING ORDER: Case Management Statement due by 7/7/2011. Case Management Conference set for 7/14/2011 10:00 AM in Courtroom B, 15th Floor, San Francisco. (Attachments: #1 Standing Order, #2 Standing Order Discovery & Dispute Procedures, #3 Notice of Trial Assignment, #4 Consent to Assignment or Request for Reassignment, #5 Standing Order for all Judges)(mjj2, COURT STAFF) (Filed on 4/1/2011) [Transferred from cand on 7/15/2011.] |
| Filing 1 COMPLAINT with Jury Demand against Barbara Bidigaire, James A. Brunberg, MD, Nancy Caratti, Robert Chason, Debra Gage, Margarie Gorthy, P. Haggard, Virginia Hinshaw, Misti Lang, John Luke, MD, Valerie Manuel, Teresa Meagher, Yolanda Orosco, Sigrid Owyang, Katherine Salazar, Joseph Silva, M.D., Gearson Stauber, MD/AMD, Sherri Stone, University of California Davis Medical Center, Larry Vanderhoef, Ph.D., Dana Whitfield (Filing fee IFPP.). Filed by William Bell III. (Attachments: #1 Civil Cover Sheet)(mjj2, COURT STAFF) (Filed on 4/1/2011) [Transferred from cand on 7/15/2011.] |
| CASE DESIGNATED for Electronic Filing. (mjj2, COURT STAFF) (Filed on 4/1/2011) [Transferred from cand on 7/15/2011.] |
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