Mollet v. DaVita Kidney Care
| Kimberly Mollet |
| DaVita Kidney Care, DaVita Inc. and Total Renal Care, Inc. |
| 2:2022cv01414 |
| August 8, 2022 |
| US District Court for the Eastern District of California |
| Allison Claire |
| Kimberly J Mueller |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 2/23/2023: This action is DISMISSED, with prejudice, as provided by Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the Stipulation to Dismiss, ECF No. #23 . Accordingly, the Motion to Compel, ECF No. #17 , is DENIED as MOOT, all previously set deadlines and hearings are VACATED, and this case is CLOSED with each party to bear its own costs and fees. (Text Only Entry)(Schultz, C) |
| Filing 23 STIPULATION to Dismiss by Kimberly Mollet. (Telfer, Jill) Modified on 2/23/2023 (Licea Chavez, V). |
| Filing 22 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 2/22/2023: The court DENIES the Request for a Court Order to Dismiss under Federal Rule of Civil Procedure 41(a)(2) (permitting dismissal "by court order, on terms that the court considers proper"). The parties may file appropriate dismissal documents to dismiss this action without a court order under Rule 41(a)(1)(A)(ii). (Text Only Entry)(Schultz, C) |
| Filing 21 STIPULATION to Dismiss by Kimberly Mollet. (Telfer, Jill) Modified on 2/21/2023 (Licea Chavez, V). |
| Filing 20 MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 01/26/2023: Plaintiff's motion to compel discovery (ECF No. #17 ) is pending before the Magistrate Judge for hearing on the papers as of January 18, 2023. The court notes that there is a dispute regarding this court's subject matter jurisdiction in this case, and that District Judge Mueller has ordered that plaintiff has until February 17, 2023 to amend the complaint and/or join additional defendants. ECF No. 15 , ECF No. #19 at 6. The current discovery deadline in this case is set for over one year from today, on March 4, 2024. ECF No. 15 . In light of the procedural posture of this case, the court will not consider the motion to compel until the jurisdictional dispute is resolved. The parties are ORDERED to file a one-page report on the status of subject matter jurisdiction on or before February 20, 2023. The motion to compel remains pending under submission. (Text Only Entry)(Anderson, J) |
| Filing 19 JOINT STATEMENT by Kimberly Mollet re #17 Motion to Compel. (Attachments: #1 Declaration of Jill P. Telfer, #2 Declaration of Erika M. Barbara)(Telfer, Jill) Modified on 1/6/2023 (Reader, L). |
| Filing 18 MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 12/29/2022 re #17 Motion to Compel. The hearing on the motion now calendared for Wednesday, January 18, 2023 is ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (Text Only Entry)(Anderson, J) |
| Filing 17 MOTION to COMPEL A Further Response to Request for Production of Documents, Set One and Responsive Documents by Kimberly Mollet. Motion Hearing SET for 1/18/2023 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Attachments: #1 Declaration of Jill P. Telfer, #2 Exhibit A - F)(Telfer, Jill) Modified on 12/29/2022 (Mena-Sanchez, L). |
| Filing 16 STANDING SCHEDULING ORDER issued by Courtroom Deputy C. Schultz for Chief Judge Kimberly J. Mueller on 12/2/2022. (Schultz, C) |
| Filing 15 MINUTES for SCHEDULING CONFERENCE held (via videoconference) before Chief District Judge Kimberly J. Mueller on 12/1/2022, and FRCP 16 BENCH ORDER: Plaintiff's Counsel, Jill Telfer, present. Defendant's Counsel, Erika Barbara, present. The court and counsel discussed case scheduling. After careful consideration of the parties' comments and confirming that initial disclosures as required by Federal Rule of Civil Procedure 26(a) have been completed, other than an insurance policy to be disclosed promptly, the court ORDERED the following pre-trial case schedule: Plaintiff's motion for amendment and/or joinder shall be filed by 2/17/2023; fact discovery shall be completed by 3/4/2024; expert disclosures shall be completed by 4/4/2024; rebuttal expert witnesses shall be exchanged by 4/24/2024; all expert discovery shall be completed by 5/25/2024; and all dispositive motions, except for motions for continuances, temporary restraining orders or other emergency applications, shall be heard by 6/28/2024. Motions regarding discovery shall be noticed before the Magistrate Judge, as provided by Local Rule 302(c). After consideration of the parties' comments related to settlement, the court ordered the parties to notify the court whether they request a court settlement conference date or referral to the Voluntary Dispute Resolution Program ("VDRP") in a Joint Status Report to be filed by 11/17/2023. The parties shall file said notification or request for referral jointly, in writing. This case schedule will become final without further order of the court unless objections are filed within fourteen (14) calendar days of this order. The schedule, once final, shall not be modified except by leave of court upon showing of good cause. All provisions of the court's standing scheduling order for Civil Cases filed concurrently herewith are incorporated therein. SO ORDERED. Court Reporter: Maryann Velanoti. (Text Only Entry) (Schultz, C) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT by Defendant DaVita Kidney Care. (Barbara, Erika) |
| Filing 13 JOINT STATUS REPORT by Kimberly Mollet. (Telfer, Jill) |
| Filing 12 ANSWER by DaVita Kidney Care, Total Renal Care, Inc.. Attorney Pickles, Erika Barbara added.(Pickles, Erika) |
| Filing 11 SUMMONS RETURNED EXECUTED: Total Renal Care, Inc. served on 10/20/2022. (Telfer, Jill) Modified on 10/26/2022 (Mena-Sanchez, L). |
| Filing 10 SUMMONS ISSUED as to *Total Renal Care, Inc.* with answer to complaint due within *21* days. Attorney *Jill P. Telfer* *Law Offices of Jill P. Telfer* *331 J Street, Suite 200* *Sacramento, CA 95814*. (Kaminski, H) |
| Filing 9 FIRST AMENDED COMPLAINT against DaVita Kidney Care, Total Renal Care, Inc. by Kimberly Mollet.(Telfer, Jill) Modified on 10/20/2022 (Kaminski, H). |
| Filing 8 SUMMONS RETURNED EXECUTED: DaVita Kidney Care served on 8/11/2022, answer due 9/1/2022. (Telfer, Jill) |
| Filing 7 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 10/6/2022: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 1/19/2023 is ADVANCED to 12/1/2022 at 2:30 PM before Chief District Judge Kimberly J. Mueller. The parties shall file a Joint Status Report no later than 11/17/2022. The December Hearing will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no less than 24 hours before the hearing. (Text Only Entry) (Schultz, C) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Defendant DaVita Kidney Care. (Pickles, Erika) |
| Filing 5 ANSWER by DaVita Kidney Care.(Pickles, Erika) |
| Filing 4 STIPULATION to Extend Time to File Answer to Initial Complaint by DaVita Kidney Care. Attorney Pickles, Erika Barbara added. (Pickles, Erika) Modified on 9/1/2022 (Kaminski, H). |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/19/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Benson, A.) |
| Filing 2 SUMMONS ISSUED as to *DaVita Kidney Care* with answer to complaint due within *21* days. Attorney *Jill P. Telfer* *Law Offices of Jill P. Telfer* *331 J Street, Suite 200* *Sacramento, CA 95814*. (Benson, A.) |
| Filing 1 COMPLAINT against DaVita Kidney Care by Kimberly Mollet. Attorney Telfer, Jill P. added. (Filing fee $ 402, receipt number ACAEDC-10370469) (Attachments: #1 Civil Cover Sheet)(Telfer, Jill) |
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