Bailey v. Enloe Medical Center
Plaintiff: Dan Bailey
Defendant: Enloe Medical Center
Case Number: 2:2018cv00055
Filed: January 10, 2018
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Craig M. Kellison
Presiding Judge: Kimberly J. Mueller
Nature of Suit: Labor/Management Relations
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None
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Date Filed Document Text
March 18, 2024 Opinion or Order Filing 124 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 3/12/24 RECOMMENDING that Defendant's 114 motion to dismiss be DENIED and that Defendant be required to file an answer to Plaintiff's third amended complaint. Matter REFERRED to District Judge Dale A. Drozd. On or before 5/10/24, any party may file written objections with the Court. Responses to objections shall be filed within 14 days after service of objections. (Kastilahn, A)
August 17, 2022 Opinion or Order Filing 100 ORDER signed by Chief District Judge Kimberly J. Mueller on 08/16/22 GRANTING 97 Motion to Correct, DENYING 90 Motion to Reopen Discover, DENYING as MOOT 99 Motion to Shorten Time, and DENYING 89 Motion for Reconsideration. The parties are DIRECTED to submit a joint status report within 14 days proposing a schedule for the remainder of this action.(Licea Chavez, V)
May 24, 2022 Opinion or Order Filing 96 ORDER signed by Chief District Judge Kimberly J. Mueller on 5/23/2022 ADOPTING 75 Findings and Recommendations in full and GRANTING 62 Motion to Dismiss. Plaintiff's 3rd, 4th, and 5th claims are DISMISSED with prejudice. Plaintiff's 7th claim based on statements made to Plaintiff's union representatives, California Employment Development Department, and California Health and Human Services Agency, is DISMISSED with prejudice. Plaintiff's 7th claim based on statements m ade to Cal Fire is DISMISSED with leave to amend. Plaintiff's 8th claim is DISMISSED with prejudice as duplicative. Within 30 days of the date of this order, Plaintiff shall either file a Third Amended Complaint to cure the defects identified as to his 7th claim based on statements made to Cal Fire, or elect to voluntarily dismiss the remainder of the 7th claim and proceed solely on the 1st, 2nd, and 6th claims for relief as alleged in 61 Second Amended Complaint. (Huang, H)
June 24, 2021 Opinion or Order Filing 88 ORDER signed by Chief District Judge Kimberly J. Mueller on 6/23/2021 GRANTING plaintiff an additional 30 day to file any objections to the 75 Findings and Recommendations and DENYING AS MOOT 82 Motion for Reconsideration. (Coll, A)
February 23, 2021 Opinion or Order Filing 75 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 2/23/21 RECOMMENDING that Defendant's 62 motion to dismiss be granted. Plaintiff's third, fourth, and fifth claims be dismissed with prejudice. Plaintiff's seventh claim based on statements made to Plaintiff's union representatives, statements made to the California Employment Development Department, and statements made to the California Health and Human Services Agency claim be dismissed with pre judice. Plaintiff's eighth claim be dismissed with prejudice as duplicative. Plaintiff be permitted to: (i) file a third amended complaint to cure the defects identified herein as to his seventh claim based on statements made to Cal Fire; or (i i) elect to voluntarily dismiss the remainder of the seventh claim and proceed solely on the first, second, and sixth claims for relief as alleged in the second amended complaint. Matter REFERRED to Chief District Judge Kimberly J. Mueller. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court. (Kastilahn, A)
February 10, 2021 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Dennis M. Cota on 2/9/21 DENYING 72 APPLICATION for leave to file a surreply. (Kaminski, H)
September 14, 2020 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Dennis M. Cota on 9/14/2020 GRANTING plaintiff's 66 and 67 Motions for Extension. While plaintiff has requested additional time to 9/12/2020, to file an opposition to 62 Motion to Dismiss, the Court sua sponte GRANTS plaintiff an additional 15 days to 9/24/2020, to file an opposition. Defendant's reply is due by 10/1/2020. Absent a showing of exceptional circumstances, further extensions of time will not be granted. (York, M)
August 13, 2020 Opinion or Order Filing 63 ORDER signed by Magistrate Judge Dennis M. Cota on 8/13/2020 VACATING the 9/2/2020 hearing at 10:00 AM, in Redding (DMC), before the undersigned. Plaintiff's opposition to 62 Motion to Dismiss remains due by 8/19/2020. Defendant may file a reply by 8/26/2020. Following completion of briefing the matter will stand submitted unless the Court determines a hearing would be beneficial, in which case a hearing will be re-set by separate order. (York, M)
May 28, 2020 Opinion or Order Filing 59 ORDER signed by Magistrate Judge Dennis M. Cota on 5/27/2020 GRANTING Plaintiff's 50 Motion for Leave to Amend; The Clerk shall file plaintiff's Proposed First Amended Complaint, 50 , as of 2/11/2020; DISMISSING Plaintiff's Firs t Amended Complaint with leave to amend; Plaintiff shall file a Second Amended Complaint within 30 days; Defendant shall file a response to plaintiff's second amended complaint within 30 days of the date of service; Defendant's 32 Motion for Summary Judgment is stricken; without prejudice to renewal of such motion in the future, and Upon the filing of an answer to any second amended complaint, the Court will issue an order re-opening discovery as to the new defamation claim only and setting a new dispositive motion filing deadline. (Becknal, R)
March 20, 2020 Opinion or Order Filing 57 ORDER signed by Magistrate Judge Dennis M. Cota on 3/19/2020 VACATING the hearing set for 4/1/2020, before the undersigned in Redding, CA, on plaintiff's 50 Motion to Amend. The motion is SUBMITTED on the papers. The Court will address plaintiff's motion as well as defendant's 32 Motion for Summary Judgment separately. (York, M)
February 13, 2020 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Dennis M. Cota on 2/13/2020 GRANTING Plaintiff's motion for an extension of time (ECF No. 49 ) ; Plaintiff's 2/3/2020, filing (ECF No. 48 ) is deemed timely; the Clerk is directed to file and docke t ECF Nos. 47-1, 47-2, and 47-3 as plaintiff's late opposition to defendant's motion for summary judgment; Defendant may file a reply brief on or before 2/21/2020; and Upon the expiration of the time to file a reply brief, defendant's motion for summary judgment will stand submitted without oral argument. (Becknal, R)
January 13, 2020 Opinion or Order Filing 46 ORDER signed by Magistrate Judge Dennis M. Cota on 1/13/2020 STRIKING 42 Motion to Strike and 43 Motion for Leave to Amend, and DENYING 45 Motion for 1-Day Extension of Time as untimely. (Huang, H)
December 4, 2019 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Dennis M. Cota on 12/4/19 GRANTING 39 & 40 Motion for Extension and GRANTING plaintiff until 12/6/19 to file an Opposition. Defendant may file a reply brief within 15 days after the date of service of any opposition. The Parties will be notified by the Court in the event oral argument is requested. Pending such notice, defendant's motion for summary judgment will stand submitted upon the completion of briefing permitted herein. (Coll, A)
October 30, 2019 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Dennis M. Cota on 10/29/19 GRANTING IN PART and DENYING IN PART the 35 Motion for Extension of Time. Plaintiff's Motion is DENIED to the extent he seeks to re-open discovery in this matter, which closed 07/ 27/19, and which remains closed; the motion is GRANTED to the extent plaintiff will be permitted additional time to file an opposition to defendant's 32 Motion for summary judgment. Plaintiff may file an opposition within 30 days of the da te of this order; defendant may file a reply brief within 15 days after the date of service of any opposition. Upon the completion of briefing permitted herein, defendants motion for summary judgment will stand submitted without oral argument. (Benson, A.)
October 4, 2019 Opinion or Order Filing 36 ORDER signed by Magistrate Judge Dennis M. Cota on 10/3/2019 ORDERING that Defendants may file a response to 35 Motion for Extension of Time on or before 10/17/2019. Thereafter, 35 Motion for Extension of Time will be submitted without hearing. (Huang, H)
September 5, 2019 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Dennis M. Cota on 09/04/19 VACATING the 09/11/19 hearing on the 32 Motion for Summary Judgment; the matter is submitted on the record and briefs without oral argument. (Benson, A.)
May 21, 2019 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Dennis M. Cota on 5/20/2019 MODIFYING of the schedule for this case as follows: Discovery shall be completed by 7/26/2019, and all Pretrial Motions shall be heard by 9/20/2019. 24 Motion for a Protective Order is GRANTED IN PART. Plaintiff's video recording device may be used to record the witness's testimony alone. The video recording must stop during all breaks, whenever testimony stops, whenever the parties go off the record, and whenever the of ficial recording is stopped. The video recording device must be stationary, adjacent to, and near the official recording device, with the focus on the witness only. The video recording is not official and may not be introduced as evidence or cited as evidence and may only be used for plaintiff's own personal purposes related to the prosecution of this case and his own education. The parties are to coordinate with the Court to schedule a time for Plaintiff's deposition when Judge Cota w ill be available on-call. If any part unilaterally stops the deposition without calling the Court, that party may be subject to sanctions. The Clerk of the Court is DIRECTED to forward to Defendant the court's consent form and Defendant shall complete and file the consent election form within 30 days of the date of this order. (Huang, H)
February 15, 2019 Opinion or Order Filing 23 ORDER signed by Magistrate Judge Dennis M. Cota on 2/14/2019 GRANTING IN PART and DENYING IN PART 18 Motion for an Order re Terms and Conditions of Plaintiff's Deposition. Defendant may depose plaintiff for a total of 10 hours over 2 consecutive or non-consecutive days and plaintiff may independently record the deposition proceedings, but no such recording may be offered into evidence or cited as evidence for any purpose at any stage of this litigation. (Henshaw, R)
June 18, 2018 Opinion or Order Filing 15 STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Craig M. Kellison on 6/15/2018 ORDERING the parties to exchange lists of expert witnesses no later that 1/07/2019; Discovery shall be completed, and all discovery related motions shall be noticed to be heard, by 3/18/2019; All other pre-trial motions, including dispositive motions, shall be noticed to be heard by 5/06/2019; Pretrial Conference set for 8/9/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; Jury Trial set for 9/23/2019 at 01:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller.(Fabillaran, J)
May 31, 2018 Opinion or Order Filing 9 STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 5/30/18: Pro Se Plaintiff Dan Bailey is permitted to use electronic filing via the Court's Case Management/Electronic Case Files system. (Kaminski, H)
April 18, 2018 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Craig M. Kellison on 4/18/2018 ORDERING that the Status/Scheduling Conference SET for 6/6/2018 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. The parties shall submit to the court and serve by mail on all other parties, no later than 7 days before the conference, a status/scheduling report. (Hunt, G)
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Plaintiff: Dan Bailey
Represented By: Krista Carol Geddes
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Defendant: Enloe Medical Center
Represented By: Barbara Allyn Blackburn
Represented By: Douglas L. Ropel
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