Bodi v. Shingle Springs Band of Miwok Indians
Plaintiff: Beth A. Bodi
Defendant: Shingle Springs Band of Miwok Indians, SHINGLE SPRINGS TRIBAL HEALTH PROGRAM, SHINGLE SPRINGS TRIBAL HEALTH BOARD and Brenda Adams
Case Number: 2:2013cv01044
Filed: May 28, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: El Dorado
Presiding Judge: Carolyn K. Delaney
Presiding Judge: Lawrence K. Karlton
Nature of Suit: Family and Medical Leave Act
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Labor/Mgmnt. Relations
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
April 6, 2017 Opinion or Order Filing 81 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 4/5/2017 ORDERING that this case be DISMISSED with prejudice. Each party shall bear its own fees and costs. The Clerk of the Court is directed to close this case. CASE CLOSED (Washington, S)
October 5, 2016 Opinion or Order Filing 69 ORDER REQUIRING JOINT STATUS REPORT (Donati, J)
May 20, 2014 Opinion or Order Filing 55 ORDER signed by Judge Lawrence K. Karlton on 5/16/14 re 52 ORDER dated May 13, 2014. (Kaminski, H)
May 16, 2014 Opinion or Order Filing 54 ORDER signed by Judge Lawrence K. Karlton on 5/16/2014 ORDERING the scheduling conference scheduled for May 19, 2014, is taken off calendar to be reset pending the Tribes appeal of the Order; all proceedings in this matter are stayed until the Ninth Circuit issues its mandate on defendants appeal of the Order; and the Court will set a scheduling conference, if necessary, following issuance of the Ninth Circuits mandate. (Waggoner, D)
May 14, 2014 Opinion or Order Filing 52 ORDER signed by Judge Lawrence K. Karlton on 5/13/14 ORDERING that Defendants' 18 motion to dismiss Shingle Springs Tribal Health Program as a defendant is GRANTED; and the remainder of defendants' 18 motion to dismiss plaintiff's Second Amended Complaint is DENIED. (Kastilahn, A)
March 5, 2014 Opinion or Order Filing 50 STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 3/5/14: The scheduling conference is continued to 5/19/2014 at 02:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. All proceedings in this matter are stayed until at least May 5, 2014. The Court will not issue an order on defendants' motion to dismiss until after the stay of this action ends. (Kaminski, H)
January 9, 2014 Opinion or Order Filing 40 ORDER signed by Judge Lawrence K. Karlton on 1/9/14. The Court HEREBY ORDERS the parties DIRECTED to provide further briefing on the following questions: Does an Indian tribe's removal of an action to federal court constitute a waiver of sove reign immunity? How is the analysis affected by the fact that the plaintiff in the underlying action was a tribe member? Opening briefs are due within 14 days of docketing of this order. Reply briefs, in any, are due 14 days thereafter. Briefs ma y be no longer than 7 pages in length. 2 The hearing on defendants' 18 Motion to Dismiss, currently set for hearing on January 13, 2014, is CONTINUED to March 3, 2014 at 10:00 a.m.in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Meuleman, A)
December 20, 2013 Opinion or Order Filing 38 ORDER signed by Judge Lawrence K. Karlton on 12/20/2013 ORDERING that plaintiff is DIRECTED to either provide further briefing on, or concede, the issue of whether tribal sovereign immunity bars the court from hearing Plaintiff's claims of wr ongful termination (i) in violation of the Family and Medical Leave Act of 1993 and the California Family Rights Act, (ii) in violation of public policy, and (iii) due to retaliation. Plaintiff's briefing or concession must be filed no later than 1/3/2014 and may be no longer than five (5) pages in length. (Zignago, K.)
December 6, 2013 Opinion or Order Filing 36 STIPULATION and ORDER 35 signed by Judge Lawrence K. Karlton on 12/6/13 ORDERING that Defendants shall file any reply brief in support of their Motion to Dismiss Plaintiff's Second Amended Complaint no later than 12/16/2013. (Kastilahn, A)
November 1, 2013 Opinion or Order Filing 30 STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 11/1/13: Scheduling Conference RESET for 2/10/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. HEARING as to 18 Motion to Dismiss 17 Second Amended Complaint RESET for 1/13/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)
September 16, 2013 Opinion or Order Filing 27 STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 9/13/13 ORDERING that the Motion Hearing as to 18 Motion to Dismiss is reset for 10/7/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Plaintiff's opposition due by 10/30/2013. Defendant's reply due by 11/22/2013. Status Conference reset for 12/16/2013 at 02:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Manzer, C)
August 14, 2013 Opinion or Order Filing 25 STIPULATION and ORDER 24 continuing deadlines and briefing schedule signed by Judge Lawrence K. Karlton on 8/14/2013. Plaintiff shall file her Opposition to defendant's 18 Motion to Dismiss no later than 9/12/2013. Defendants shall file any Reply Brief in support of 18 Motion by 9/27/2013. Status Conference is RE-SCHEDULED for 10/21/2013 at 1:30 PM in Courtroom 4 (LKK). (Marciel, M)
July 10, 2013 Opinion or Order Filing 16 STIPULATION and ORDER 15 granting leave to file Amended Complaint signed by Judge Lawrence K. Karlton on 7/9/2013. Plaintiff may file Second Amended Complaint within 7 days from Court's issuance of this Order. Defendant Shingle Springs Tribal Health Program's responsive pleading is due no later than 8/5/2013. Plaintiff shall oppose defendants' Motion to Dismiss no later than 9/3/2013. Defendants shall file any Reply Brief in support of Motion no later than 9/16/2013. Defendants& #039; Motion to Dismiss shall be heard 9/23/2013 at 10:00 AM. Service of Second Amended Complaint on Shingle Springs Tribal Health Program, Brenda Adams, and Shingle Springs Tribal Health Board shall be deemed effective on date plaintiff electronically files and serves pleading. (Marciel, M)
July 1, 2013 Opinion or Order Filing 14 ORDER signed by Judge Lawrence K. Karlton on 6/28/13 ORDERING that Defendant has filed a notice of withdrawal of its motion to dismiss. Def's Notice, ECF No. 13 . A hearing on Defendant's motion to dismiss was set for July 8, 2013 at 10:00 A.M. Based on Defendant's notice of withdrawal, the motion hearing set for July 8, 2013 is VACATED. (Becknal, R)
June 21, 2013 Opinion or Order Filing 6 ORDER signed by Judge Lawrence K. Karlton on 6/20/13 ORDERING that the Plaintiff's response to the Motion to Dismiss is due by 6/24/13; defendant's reply is due by 6/28/13. (Manzer, C)
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Plaintiff: Beth A. Bodi
Represented By: Wendy Hillger
Represented By: George David Nied
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Defendant: Shingle Springs Band of Miwok Indians
Represented By: Ian R. Barker
Represented By: Sandra R. McCandless
Represented By: Paula M. Yost
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Defendant: SHINGLE SPRINGS TRIBAL HEALTH PROGRAM
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Defendant: SHINGLE SPRINGS TRIBAL HEALTH BOARD
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Defendant: Brenda Adams
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