Napear v. Bonneville Internat'l Corp.
| Grant Napear |
| Bonneville International Corporation |
| 2:2021cv01956 |
| October 21, 2021 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Dale A Drozd |
| Kimberly J Mueller |
| Civil Rights: Jobs |
| 28 U.S.C. § 451 Employment Discrimination |
| Plaintiff |
Docket Report
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| Filing 47 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 1/11/2023: On 1/11/2023, the parties filed a #45 Stipulation to extend discovery and pretrial deadlines. Pursuant to that stipulation and good cause appearing, the court continues those deadlines as follows: Fact discovery shall be completed by 7/28/2023; Expert witness disclosures shall be completed by 8/18/2023; Rebuttal expert witness disclosures shall be completed by 9/8/2023; Expert discovery shall be completed by 9/29/2023; All dispositive motions shall be noticed for hearing no later than 10/17/20233, which is a date consistent with District Judge Dale A. Drozd's #36 Standing Order. The currently scheduled pretrial conference and jury trial dates pursuant to the #41 scheduling order are unchanged.(Buzo, P) |
| Filing 46 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Camp, Tanner) |
| Filing 45 STIPULATION and PROPOSED ORDER for Extension of Case Deadlines by Bonneville International Corporation. (Camp, Tanner) |
| Filing 44 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Ruggles, Matthew) |
| Filing 43 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 1/3/2023: The Eastern District of California's overwhelming caseload has been well publicized, and the long-standing lack of adequate judicial resources in this district long ago reached crisis proportions. While that situation was partially addressed by the U.S. Senate's confirmation of district judges for two of this court's vacancies on December 17, 2021 and June 21, 2022, another vacancy on this court with only six authorized district judge positions was created on April 17, 2022 and remains unfilled. This crisis continues to have serious implications for this court and litigants appearing before it. Judge Drozd recently transferred to the Sacramento courthouse and was reassigned cases previously presided over by other district judges there. Unfortunately, the cases reassigned to Judge Drozd came with a substantial backlog of over 100 fully briefed motions, the majority of which have already been submitted for decision, including one or more motions currently pending in this case. A review of the docket in this action reflects that none of the parties have filed a completed [3-2] Consent / Decline of U.S. Magistrate Judge Jurisdiction form. Accordingly, the court urges the parties to file completed [3-2] forms as soon as possible. When completing the form, please specify which party or parties are completing the form. "Our Magistrate Judges play a critical role in providing essential access to justice, particularly in our overburdened court." (Doc. No. 3-2 at 2.) Indeed, "[c]onsenting to Magistrate Judge jurisdiction in civil cases may represent one of the best ways to secure 'just, speedy, and inexpensive determination' of your case, which is why we want to be sure you are fully aware of your right and ability to consent." (Id.) (quoting Fed. R. Civ. P. 1).(Buzo, P) |
| Filing 42 NOTICE of SUPPLEMENTAL AUTHORITY re #13 Motion to Dismiss by Bonneville International Corporation. (Attachments: #1 Exhibit 1)(Camp, Tanner) Modified on 10/14/2022 (Rodriguez, E) |
Filing 41
SCHEDULING ORDER signed by District Judge Dale A. Drozd on 10/6/2022 VACATING the initial scheduling conference set for 10/18/2022 and ORDERING Discovery to be completed by 3/31/2023; Designation of Expert Witnesses due by 5/5/2023; Dispositive Motions to be filed by 8/21/2023; Final Pretrial Conference set for 1/16/2024 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd; Jury Trial set for 3/25/2024 at 09:00 AM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Zignago, K.)
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| Filing 40 JOINT STATUS REPORT by Bonneville International Corporation. (Jordan, David) |
| Filing 39 AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/18/2022 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Standing Order) (Donati, J) |
| Filing 38 CERTIFICATE / PROOF of SERVICE by Grant Napear re #37 Civil New Case Documents for DAD. (Ruggles, Matthew) |
| Filing 37 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/20/2022 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Donati, J) |
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Filing 36
STANDING ORDER signed by District Judge Dale A. Drozd on 8/25/2022. (Donati, J)
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Filing 35
ORDER by Chief Judge Kimberly J. Mueller: The Court having considered the equitable division and efficient and economical determination of court business, hereby reassigns this case from District Judge *Kimberly J. Mueller* to * District Judge Dale A. Drozd* for all further proceedings. (Donati, J)
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| Filing 34 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 7/21/2022: In light of the pending Motion to Dismiss First Amended Complaint, ECF No. #13 , the Status (Pretrial Scheduling) Conference set for 7/28/2022 is RESET for 10/20/2022 at 2:30 PM before Chief District Judge Kimberly J. Mueller, with the filing of an updated joint status report due fourteen (14) days prior. (Text Only Entry) (Schultz, C) |
| Filing 33 SECOND JOINT STATUS REPORT by Grant Napear. (Ruggles, Matthew) Modified on 7/15/2022 (Mena-Sanchez, L). |
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Filing 32
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 04/26/22 ORDERING that the depositions of John Rinehart, Steve Cottingim, and Matina Kolokotronis--noticed by Mr. Napear for 04/25/22, 05/02/22 and 05/10/22 respectively-- will go forward as noticed; all other party and third-party depositions will be STAYED pending the Court's ruling on the Motion to Dismiss. Deposition discovery will automatically reopen upon the Court's ruling on the Motion to Dismiss if the motion is not granted in its entirety; the deposition of Darrell Brown will be preliminarily scheduled for 08/11/22, and will go forward on that date if the Court has ruled on the Motion to Dismiss by that time. (Benson, A.)
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| Filing 31 STIPULATION and PROPOSED ORDER for Stay of Deposition Discovery by Bonneville International Corporation. (Jordan, David) |
| Filing 30 DESIGNATION of COUNSEL FOR SERVICE., attorney R. Chad Pugh, PHV terminated (Camp, Tanner) |
| Filing 29 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 4/6/2022: In light of the pending Motion to Dismiss First Amended Complaint, ECF No. #13 , the Status (Pretrial Scheduling) Conference set for 4/21/2022 is RESET for 7/28/2022 at 2:30 PM before Chief District Judge Kimberly J. Mueller, with the filing of an updated joint status report due fourteen (14) days prior. (Text Only Entry) (Schultz, C) |
| Filing 28 UPDATED JOINT STATUS REPORT by Grant Napear. (Ruggles, Matthew) Modified on 4/5/2022 (Benson, A.). |
| Filing 27 NOTICE of WITHDRAWAL of COUNSEL Bryan L. Hawkins of Stoel Rives, LLP as Counsel by Bonneville International Corporation. (Hawkins, Bryan) |
| Filing 26 NOTICE of CHANGE of ADDRESS by Tanner Brad Camp. (Camp, Tanner) |
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Filing 25
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Deborah Barnes on 02/09/22. (Benson, A.)
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| Filing 24 STIPULATION and PROPOSED PROTECTIVE ORDER by Bonneville International Corporation. (Camp, Tanner) Modified on 2/10/2022 (Benson, A.). |
| Filing 23 REPLY by Bonneville International Corporation in SUPPORT of #17 Request for Judicial Notice and RESPONSE to objections to Evidence. (Camp, Tanner) Modified on 2/9/2022 (Mena-Sanchez, L). |
| Filing 22 REPLY by Bonneville International Corporation in SUPPORT of #13 Motion to Dismiss. (Camp, Tanner) Modified on 2/9/2022 (Mena-Sanchez, L). |
| Filing 21 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 2/3/2022: On the court's own motion and pursuant to Local Rule 230(g), Defendant's Motion to Dismiss First Amended Complaint, ECF No. #13 , is SUBMITTED without oral argument. Accordingly, the Motion Hearing set for 2/11/2022 is VACATED. If the court determines that oral argument is needed, it will be scheduled at a later date. It is FURTHER ORDERED that the Status (Pretrial Scheduling) Conference set for 2/24/2022 is RESET for 4/21/2022 at 2:30 PM before Chief Judge Kimberly J. Mueller, with the filing of an updated joint status report due fourteen (14) days prior. (Text Only Entry)(Schultz, C) |
| Filing 20 RESPONSE by Grant Napear to #17 Request for Judicial Notice. (Ruggles, Matthew) |
| Filing 19 OPPOSITION by Grant Napear to #13 Motion to Dismiss. (Ruggles, Matthew) |
| Filing 18 JOINT STATUS REPORT by Grant Napear. (Ruggles, Matthew) |
| Filing 17 REQUEST for JUDICIAL NOTICE by Bonneville International Corporation in re #13 Motion to Dismiss. (Camp, Tanner) |
| Filing 16 DECLARATION of Krystal On in support of #13 Motion to Dismiss. (Attachments: #1 Exhibit 1 - Compilation of Tweets)(Camp, Tanner) |
| Filing 15 DECLARATION of Steve Cottingim in support of #13 Motion to Dismiss. (Attachments: #1 Exhibit 1 - Executed Employment Agreement - Grant Napear, #2 Exhibit 2 - Termination Letter - Grant Napear)(Camp, Tanner) |
| Filing 14 DECLARATION of Tanner Camp in support of #13 Motion to Dismiss. (Attachments: #1 Exhibit 1 - May 30, 2020 NPR Article, #2 Exhibit 2 - Sacramento George Floyd Protest Around California Capital (The Sacramento Bee), #3 Exhibit 3 - November 8, 2021 Email from Jordan to Ruggles, #4 Exhibit 4 - December 17, 2021 Email from Camp to Ruggles)(Camp, Tanner) |
| Filing 13 MOTION to DISMISS by Bonneville International Corporation. Motion Hearing set for 2/11/2022 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Camp, Tanner) |
| Filing 12 FIRST AMENDED COMPLAINT against Bonneville International Corporation by Grant Napear.(Ruggles, Matthew) |
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Filing 11
ORDER signed by Chief District Judge Kimberly J. Mueller on 11/15/2021 GRANTING #6 Application for Pro Hac Vice. Attorney R. Chad Pugh, for Bonneville International Corporation. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Reader, L)
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Filing 10
ORDER signed by Chief District Judge Kimberly J. Mueller on 11/15/2021 GRANTING #5 Application for Pro Hac Vice. Attorney David J. Jordan, for Bonneville International Corporation. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Reader, L)
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| Filing 9 CORPORATE DISCLOSURE STATEMENT by Defendant Bonneville International Corporation. (Camp, Tanner) |
| Filing 8 STIPULATION for EXTENSION of TIME to respond to #1 Complaint by Bonneville International Corporation. (Camp, Tanner) Modified on 11/12/2021 (Coll, A). |
| Filing 7 NOTICE of APPEARANCE by Tanner Brad Camp on behalf of Bonneville International Corporation. Attorney Camp, Tanner Brad added. (Camp, Tanner) |
| Filing 6 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Bonneville International Corporation for attorney R. Chad Pugh to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-9916265) (Hawkins, Bryan) Modified on 11/9/2021 (Coll, A). |
| Filing 5 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Bonneville International Corporation for attorney David J. Jordan to appear Pro Hac Vice. Attorney Hawkins, Bryan L. added. (Filing fee $ 225, receipt number ACAEDC-9914081) (Hawkins, Bryan) |
| Filing 4 SUMMONS RETURNED EXECUTED: Bonneville International Corporation served on 10/22/2021, answer due 11/12/2021. (Ruggles, Matthew) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 2/24/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Kaminski, H) |
| Filing 2 SUMMONS ISSUED as to *Bonneville International Corporation* with answer to complaint due within *21* days. Attorney *Matthew Jeremy Ruggles* *Ruggles Law Firm* *7940 California Avenue, 1st Floor* *Fair Oaks, CA 95628*. (Kaminski, H) |
| Filing 1 COMPLAINT For Damages against Bonneville International Corporation by Grant Napear . Attorney Ruggles, Matthew Jeremy added. (Filing fee $ 402, receipt number ACAEDC-9886060) (Attachments: #1 Civil Cover Sheet)(Ruggles, Matthew) |
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| Plaintiff: Grant Napear | |
| Represented By: | Matthew Jeremy Ruggles |
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| Defendant: Bonneville International Corporation | |
| Represented By: | Bryan L. Hawkins |
| Represented By: | Tanner Brad Camp |
| Represented By: | David J. Jordan, PHV |
| Represented By: | R. Chad Pugh, PHV |
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