Doutherd v. Montesdeoca, et al
Plaintiff: Tyrone Doutherd
Defendant: Doris Marie Montesdeoca, Estate of Lucille J Smith, United Parcel Service, Inc. and Liberty Mutual Insurance Company
Case Number: 2:2017cv02225
Filed: October 24, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Presiding Judge: Morrison C. England
Nature of Suit: Employment
Cause of Action: 28:1441
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 20, 2020 Opinion or Order Filing 166 ORDER (1) SETTING TELEPHONIC SETTLEMENT CONFERENCE, (2) REQUIRING PARTICIPATION BY CERTAIN INDIVIDUALS, (3) REQUIRING SETTLEMENT CONFERENCE STATEMENT MEETING CERTAIN PARAMETERS, AND (4) SCHEDULING PRE-CONFERENCE DISCUSSION signed by Magistrate Judge Jeremy D. Peterson on 11/20/2020. Pre-Settlement Conference (Telephonic 1-888-557-8511, access code: 1273468) set for 12/10/2020 at 02:00 PM before Magistrate Judge Jeremy D. Peterson. Settlement Conference set for 12/15/2020 at 09:00 AM via Zoom before Magistrate Judge Jeremy D. Peterson.(Cannarozzi, N)
October 13, 2020 Opinion or Order Filing 160 ORDER signed by Chief District Judge Kimberly J. Mueller on 10/13/2020 GRANTING 125 Motion for Summary Judgment as to supervisory liability, DENYING 125 Motion for Summary Judgment as to vicarious liability, and GRANTING 123 Motion for Summ ary Judgment in full. Because UPSF did not move for summary judgment on a Title VII race discrimination claim, that claim survives. The court SETS a Final Pretrial Conference for 12/11/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller, with a Joint Pretrial Statement due 3 weeks prior. If the parties jointly agree to referral to a court-convened settlement conference, they may request it now, or as soon as possible after receiving this order. (Huang, H)
March 16, 2020 Opinion or Order Filing 139 ORDER signed by Chief District Judge Kimberly J. Mueller on 3/16/2020 GRANTING UPSF until 3/25/2020 to file their reply in support of 123 Motion for Summary Judgment. (Coll, A)
November 19, 2019 Opinion or Order Filing 122 MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 11/19/2019 DENYING 89 Motion for Reconsideration and 101 Motion to Amend, and DIRECTING the Clerk of the Court to tax costs in the amount of $3,517.74 as set forth in 118 Bill of Costs. (Huang, H)
June 11, 2019 Opinion or Order Filing 117 JUDGMENT of DISMISSAL signed by District Judge Morrison C. England, Jr., on 6/10/19 ORDERING that judgment is entered in favor of defendant Liberty Mutual Insurance Company and against plaintiff Tyrone Doutherd. (Kastilahn, A)
June 10, 2019 Opinion or Order Filing 115 ORDER signed by District Judge Morrison C. England, Jr. on 06/10/19 GRANTING Request to Increase Page Limit; UPSF's Memorandum of Points and Authorities in support of its motion for Summary Judgment may exceed the 20-page limit up to and including 30 pages. (Benson, A.)
March 22, 2019 Opinion or Order Filing 96 MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr on 3/21/19 GRANTING Liberty Mutual's 39 Motion to Dismiss and UPSF's 36 Motion to Strike. If Plaintiff wishes to amend his claims against UPSF, he must obtain either UPSF's written consent or seek the Court's leave pursuant to this Order not later than twenty (20) days following the date this Order is electronically filed. (Kaminski, H)
January 16, 2019 Opinion or Order Filing 91 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/16/2019 GRANTING 78 Motion to Compel; Plaintiff shall provide further responses to UPSFs Request for Production of Documents Number 106(c)-(f), which shall include the production of plaintiffs phone records, by 1/18/2019; and Plaintiff shall provide supplemental response to UPSFs Interrogatory Number 18 and Requests for Admissions Numbers 3-6 by 1/18/2019. (Washington, S)
January 2, 2019 Opinion or Order Filing 83 ORDER signed by District Judge Morrison C. England, Jr., on 12/30/18 ORDERING that Lien Claimant, UPS Ground Freight, Inc., is to receive a first lien against any settlement or judgment in this action in the sum of $21,493.16, and a lien in an y additional sum which hereafter may be paid as workers' compensation benefits to or on behalf of Plaintiff Tyrone Doutherd, with said lien(s) to be satisfied or paid before payment of any settlement or satisfaction of any judgment in this action. (Kastilahn, A)
December 21, 2018 Opinion or Order Filing 79 ORDER AFTER HEARING signed by Magistrate Judge Edmund F. Brennan on 12/21/18 GRANTING IN PART AND DENYING IN PART the 57 Motion to compel plaintiff to provide further responses to discovery requests. (Becknal, R)
December 12, 2018 Opinion or Order Filing 65 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/11/2018 DENYING 50 Motion to Quash. Cingular Wireless shall produce records showing the call history for both incoming and outgoing calls from Plaintiff Tyrone Doutherd's cell phone from 8/27/2015 to 8/27/2017. Plaintiff shall provide any necessary authorization to Cingular Wireless for the release of such records. Cingular Wireless first shall produce the records to Plaintiff's counsel, Ellen Dove at 5325 Elkhorn Blvd., # 160, Sacramento, CA 95842. Plaintiff's counsel shall have the opportunity to redact and produce the redacted records to Defendant UPS Ground Freight, Inc. within seven days after receipt from Cingular Wireless. On the same date as Plaintiff� 39;s counsel produces the redacted records, Plaintiff's counsel shall provide a privilege log identifying each redaction by the date and time listed on the records and providing the basis for each redaction with sufficient information to allo w Defendant to evaluate whether the redaction was appropriate. UPSF shall have 7 days to contact Plaintiff's counsel with any issues or questions with regard to the redacted records, Plaintiff's counsel shall respond within 7 days. Therea fter, if UPSF is unsatisfied with Plaintiff's response to its questions or challenges, it shall have 7 days from the date of Plaintiff's response to raise with the Court any challenge to Plaintiff's redactions. This Order does not c ompel the production of any text messages, attachments or photographs, Defendant having previously withdrawn that request. Other than the timing specified above, the parties shall not be limited by the fact discovery cut-off in filing a subsequent motion pertaining to Plaintiff's cell phone records. (Zignago, K.)
November 27, 2018 Opinion or Order Filing 58 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 11/26/2018 ORDERING the following deadlines EXTENDED: Any discovery motion is EXTENED to 12/21/2018; The deadline for these motions to be heard is EXTENED to 1/9/2019; Expert designations is EXTENED to 3/22/2019; Designations of rebuttal experts is EXTENED to 4/12/2019. Expert discovery is EXTENED to 9/30/2019(Washington, S)
October 11, 2018 Opinion or Order Filing 46 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 10/10/2018 APPROVING 45 Stipulation. The deadline for discovery of nonexpert witnesses is extended up to and including 12/14/2018. The deadline for expert discovery is extended up to and including 1/31/2019. (York, M)
August 14, 2018 Opinion or Order Filing 31 MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr on 8/13/18. Liberty Mutual's Motion to Dismiss, 8 , is GRANTED. Plaintiff's Sixth and Seventh Causes of Action against Liberty Mutual are DISMISSED with final leave t o amend. Plaintiff has thirty (30) days from the date of electronic filing of this Order to file an Amended Complaint. If no amended complaint is timely filed, Liberty Mutual shall be dismissed from the action without further notice to the parties. (Mena-Sanchez, L)
June 15, 2018 Opinion or Order Filing 29 ORDER signed by District Judge Morrison C. England, Jr on 6/14/2018 DENYING 27 Motion to Quash. (Hunt, G)
March 16, 2018 Opinion or Order Filing 23 PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 3/15/18. (Kastilahn, A)
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Search for this case: Doutherd v. Montesdeoca, et al
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Plaintiff: Tyrone Doutherd
Represented By: Ellen C. Dove
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Defendant: Doris Marie Montesdeoca
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Defendant: Estate of Lucille J Smith
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Defendant: United Parcel Service, Inc.
Represented By: Susan Shin Joo
Represented By: Emily Burkhardt Vicente
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Defendant: Liberty Mutual Insurance Company
Represented By: Kevin G. McCurdy
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