Barrett v. Empire Airlines. Inc.
| William Barrett |
| Empire Airlines Inc |
| 1:2022cv00516 |
| December 20, 2022 |
| US District Court for the District of Idaho |
| Candy W Dale |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12101 Americans with Disabilities Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
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Filing 50
DECLARATION of Abed Fakhoury filed by Empire Airlines Inc Regarding Litigation and Discovery Plans. (Jovick, Fonda)
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Filing 49
SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Empire Airlines Inc. (Jovick, Fonda)
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Filing 48
DISCOVERY PLAN by Empire Airlines Inc . (Jovick, Fonda)
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Filing 47
Status Report; MOTION to Appoint Counsel by Plaintiff William Barrett. Responses due by 3/8/2023 (Attachments: #1 Exhibit A)(jd) (Additional attachment(s) added on 2/15/2023: #2 Exhibit B - Confidential, #3 Exhibit C, #4 Envelope) (jd).
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Filing 46
DOCKET ENTRY ORDER approving #44 and #45 Motion for Pro Hac Vice Appearance of attorney Abdel Hamid ("Abed") Fakhoury and Sarah P. Wimberly for Empire Airlines Inc Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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Filing 45
MOTION FOR PRO HAC VICE APPEARANCE by Sarah P. Wimberly. ( Filing fee $ 250 receipt number AIDDC-2519388.)Fonda Lynn Jovick appearing for Defendant Empire Airlines Inc. Responses due by 3/1/2023 (Jovick, Fonda)
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Filing 44
MOTION FOR PRO HAC VICE APPEARANCE by Abdel Hamid Fakhoury. ( Filing fee $ 250 receipt number AIDDC-2519377.)Fonda Lynn Jovick appearing for Defendant Empire Airlines Inc. Responses due by 3/1/2023 (Jovick, Fonda)
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Filing 43
Docket entry only - CONSENT to Magistrate Judge filed. (jd)
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Filing 42
Proof OF SERVICE in lieu of the status report by William Barrett (Attachments: #1 Envelope)(jd)
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Filing 41
LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - On or before February 16, 2023, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Telephonic Scheduling Conference set for 2/23/2023 10:00 AM in Telephonic Hearing - Boise Chambers before Judge Candy W Dale. Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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Filing 40
NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for William Barrett, Empire Airlines Inc re #28 Answer to Complaint Consent/Objection to Magistrate due by 2/21/2023. (lm)
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Filing 39
All out of state counsel continuing representation need to obtain local counsel and file an Application for Pro Hac Vice. Please see Local Rule, Civil Rule 83.4 Bar Admission e) Pro Hac Vice/Local Counsel and ECF Procedures 3. Registration, Logins and Passwords. B. Limited Registered Participants.1. (lm)
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Filing 38
Case transferred in from District of Hawaii; Case Number 1:22-cv-00350. Original file certified copy of transfer order and docket sheet received.
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Filing 37
ORDER GRANTING DEFENDANT'S MOTION TO TRANSFER VENUE re #25 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 12/9/2022. Defendant's Motion to Transfer Venue is GRANTED. The Court DIRECTS the Clerk's Office to transfer this case and all files to the United States District Court for the District of Idaho. (eta)COURT'S CERTIFICATE OF SERVICE - William Barrett has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on December 12, 2022. Registered Participants received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Case transferred to District of Idaho. Original file, copy of transfer order, and docket sheet sent via CM/ECF. (eta)
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***Set/Clear Flags - TRANSF (eta)
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Judge's Courtesy Copies re #33 Response in Support of Motion, filed by Empire Airlines. Inc. submitted to MAGISTRATE JUDGE WES REBER PORTER (lrs)
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Filing 36
Summons Returned Unexecuted as to Empire Airlines. Inc. (eta)
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Filing 35
WAIVER OF SERVICE Returned Executed by Empire Airlines. Inc.. Empire Airlines. Inc. waiver sent on 8/25/2022, answer due 10/24/2022. (eta)
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Filing 34
Process Receipt and Return - USM 285 mailed by Marshals service via certified mail on 8/25/2022. Recipient Empire Airlines, Inc. received form on 9/23/2022 re: #7 Summons Issued. (eta)
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Filing 33
RESPONSE in Support re #25 MOTION to Change Venue DEFENDANT EMPIRE AIRLINES, INC.'S MOTION TO TRANSFER VENUE DEFENDANT EMPIRE AIRLINES, INC.'S REPLY BRIEF IN SUPPORT OF MOTION TO TRANSFER VENUE filed by Empire Airlines. Inc.. (O'Heron, Kristi)
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Filing 32
EO: Finding good cause in support thereof, the Court GRANTS Plaintiff's Motion to Continue the Rule 16 Scheduling Conference, ECF No. #31 . The Telephonic Rule 16 Scheduling Conference is CONTINUED from 1/17/2023 to 2/13/2023 at 9:00 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - William Barrett shall be served by First Class Mail on November 16, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). Registered Participants of CM/ECF received the document electronically to the email addresses listed on the (NEF).
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Filing 31
MOTION to Continue - by Plaintiff William Barrett (Attachments: #1 Exhibit A (Screenshot of Plaintiff's LSAC account), #2 Certificate of Service)(eta)
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Filing 30
EO: The Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 11/21/2022 to 1/17/2023 at 9:00 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURTS CERTIFICATE OF SERVICE - William Barrett shall be served by First Class Mail on November 1, 2022, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). Registered Participants of CM/ECF received the document electronically to the email addresses listed on the (NEF).
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Filing 29
William Barrett Objects In Opposition to Transfer Venue; Memorandum in Support Of Opposition; Certificate of Service, filed by William Barrett. (apg)
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Filing 28
ANSWER to #1 Complaint, DEFENDANT EMPIRE AIRLINES, INC.'S ANSWER AND DEFENSES TO COMPLAINT by Empire Airlines. Inc..(O'Heron, Kristi)
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Filing 27
STATEMENT OF PARTY OPPONENT; Certificate of Service, filed by William Barrett. (apg)
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Filing 26
EO: As to Defendant's #25 Motion to Change Venue, the Court directs briefing as follows: any opposition shall be filed by November 3, 2022; any reply shall be filed by November 17, 2022; thereafter the Court will determine whether to set a hearing or issue an appropriate decision. (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - William Barrett shall be served by First Class Mail on October 24, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). Registered Participants of CM/ECF received the document electronically to the email addresses listed on the (NEF).
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Judge's Courtesy Copies re #25 MOTION to Change Venue DEFENDANT EMPIRE AIRLINES, INC.'S MOTION TO TRANSFER VENUE filed by Empire Airlines. Inc. submitted to MAGISTRATE JUDGE WES REBER PORTER (lrs)
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Ripe deadline re #25 MOTION to Change Venue DEFENDANT EMPIRE AIRLINES, INC.'S MOTION TO TRANSFER VENUE set for 11/17/2022 (jo)
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Filing 25
MOTION to Change Venue DEFENDANT EMPIRE AIRLINES, INC.'S MOTION TO TRANSFER VENUE Kristi K. O'Heron appearing for Defendant Empire Airlines. Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Exhibit 1-Dec of Pete Broschet, #3 Certificate of Service)(O'Heron, Kristi)
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Filing 24
EO: On October 12, 2022, Plaintiff filed a #23 Statement in Response to the Court's #22 Order Denying Plaintiff's Motion for Appointment of Counsel without Prejudice. Although unclear what relief, if any, Plaintiff is requesting, to the extent Plaintiff's Statement can be construed as a motion requesting reconsideration of that Order, it is DENIED. The Court notes that the "Order Striking Filing and Denying Motion to Approve Settlement Agreement, Dismiss Complaint, and File Settlement Agreement Under Seal," which is attached to Plaintiff's Statement and relates to an action between the parties in a different tribunal, is dated October 4, 2022, i.e., after the Defendant filed the documents referenced in the Court's prior Order wherein Defendant claimed that matter had settled and the claims in this action were released. See ECF Nos. 15, 16. Even assuming that matter has not been settled and the claims in this action have not been released, the Court would nonetheless deny Plaintiff's request for appointment of counsel at this time for the reasons previously stated, including that the likely merits of this action cannot be assessed at this early juncture, Plaintiff has demonstrated he is capable of presenting his claims and following procedural rules, Plaintiff has not yet shown a reasonably diligent effort to secure counsel, and because the other reasons provided by Plaintiff in support of his request for counsel do not justify appointment of counsel at this time. (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - William Barrett shall be served by First Class Mail on October 13, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). Registered Participants of CM/ECF received the document electronically to the email addresses listed on the (NEF).
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Filing 23
Statement in RESPONSE to #22 Order Denying Plaintiff's Motion for Appointment of Counsel Without Prejudice; (Certificate of Service attached) - filed by William Barrett. (Attachments: #1 Attachment A)(eta)
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Filing 22
ORDER DENYING PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL WITHOUT PREJUDICE re: #19 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/11/2022. The Court DENIES Plaintiff's Motion for Appointment of Counsel WITHOUT PREJUDICE. (jo)COURT'S CERTIFICATE OF SERVICE - William Barrett shall be served by First Class Mail on October 11, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). Registered Participants of CM/ECF received the document electronically to the email addresses listed on the (NEF).
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Filing 21
STATEMENT in Support of #19 MOTION for Appointment of Counsel; (Certificate of Service attached) - filed by William Barrett. (eta)
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Filing 20
CERTIFICATE OF SERVICE by Empire Airlines. Inc. [RE: INITIAL DISCLOSURES OF DEFENDANT EMPIRE AIRLINES, INC.] (O'Heron, Kristi)
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Filing 19
MOTION for Appointment of Counsel; (Certificate of Service attached) - by Plaintiff William Barrett (eta)
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Filing 18
EO: Because it does not appear that the parties conducted the required conference under Federal Rule of Civil Procedure 26(f) and Local Rule 26.1, see ECF Nos. 10, 15, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 10/3/2022 to 11/21/2022 at 9:15 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. The parties shall file an updated Report of Planning Meeting by no later than 11/14/2022. (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - William Barrett shall be served by First Class Mail on September 27, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). Registered Participants of CM/ECF received the document electronically to the email addresses listed on the (NEF).
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Judge's Courtesy Copies re #15 Response filed by Empire Airlines. Inc., #17 Corporate Disclosure Statement filed by Empire Airlines. Inc., #16 Scheduling Conference Statement filed by Empire Airlines. Inc. submitted to MAGISTRATE JUDGE WES REBER PORTER (lrs)
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Filing 17
Corporate Disclosure Statement by Empire Airlines. Inc. identifying Corporate Parent Empire Holdings, Inc. for Empire Airlines. Inc... (O'Heron, Kristi)
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Filing 16
Scheduling Conference Statement by Empire Airlines. Inc.. (O'Heron, Kristi)
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Filing 15
RESPONSE re #10 Report of Planning Meeting DEFENDANT EMPIRE AIRLINES, INC.'S STATEMENT OF POSITION REGARDING RULE 26(F) REPORT filed by Empire Airlines. Inc.. (O'Heron, Kristi)
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Filing 14
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO SARAH P. WIMBERLY re #12 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 9/26/2022. (eta)COURT'S CERTIFICATE OF SERVICE - William Barrett shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on September 27, 2022. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing 13
Scheduling Conference Statement; (Certificate of Service attached) - by William Barrett. (eta)
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Filing 12
MOTION for Pro Hac Vice (Re: Sarah P. Wimberly) Filing fee $ 300, receipt number AHIDC-2740305.Kristi K. O'Heron appearing for Defendant Empire Airlines. Inc. (O'Heron, Kristi)
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Filing 11
NOTICE of Appearance by Kristi K. O'Heron on behalf of Empire Airlines. Inc. on behalf of Empire Airlines. Inc.. (O'Heron, Kristi)
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Filing 10
Rule 26(f) REPORT - by William Barrett. (eta)
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Filing 9
Clerk's Transmittal Letter to Plaintiff William Barrett Re: ECF No. #6 ORDER (1) GRANTING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS, AND (2) DIRECTING SERVICE OF THE COMPLAINT, dated August 9, 2022. (eta)
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Filing 8
CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons)(eta)
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Filing 7
Summons Issued as to Empire Airlines. Inc. (eta)
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Filing 6
ORDER (1) GRANTING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS, AND (2) DIRECTING SERVICE OF THE COMPLAINT re #3 - Signed by JUDGE DERRICK K. WATSON on 8/9/2022. (eta)
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COURT'S CERTIFICATE of Service - a certified copy of #6 ORDER (1) GRANTING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS, AND (2) DIRECTING SERVICE OF THE COMPLAINT along with the service documents identified in the Order and Clerk's Transmittal Letter have been served by First Class Mail to William Barrett at the address of record on August 9, 2022. A certified copy of #6 ORDER (1) GRANTING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS, AND (2) DIRECTING SERVICE OF THE COMPLAINT was served by email to the U.S. Marshals Service for the District of Hawaii on August 9, 2022. (eta)
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Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 10/3/2022 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/5/2022. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures)(eta)COURT'S CERTIFICATE OF SERVICE - William Barrett served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 5, 2022. A filed-stamped copy of the Complaint and IFP Application were included in the mailing to Plaintiff.
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Filing 4
(Proposed) Summons re #1 Complaint - submitted by William Barrett. (eta)
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Filing 3
APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff William Barrett (eta)
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Filing 2
CIVIL Cover Sheet - by William Barrett. (eta)
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Filing 1
COMPLAINT for Employment Discrimination; Jury Trial Requested against Empire Airlines. Inc. - filed by William Barrett. (Attachments: #1 Attachments [Charge of Discrimination from Hawaii Civil Rights Commission & Determination and Notice of Rights from U.S. Equal employment Opportunity Commission], #2 Mailing Documentation)(eta)
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Judge's Courtesy Copies re #3 MOTION for Leave to Proceed in forma pauperis filed by William Barrett, #1 Complaint, filed by William Barrett submitted to JUDGE DERRICK K. WATSON (eta)
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***Set/Clear Flags - Pro Se (eta)
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| Plaintiff: William Barrett | |
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| Defendant: Empire Airlines Inc | |
| Represented By: | Kristi K. O'Heron |
| Represented By: | Sarah P. Wimberly |
| Represented By: | Abdel Hamid Fakhoury |
| Represented By: | Fonda Lynn Jovick |
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