LOUKS v. COSTCO WHOLESALE CORPORATION
Plaintiff: LISA LOUKS
Defendant: COSTCO WHOLESALE CORPORATION
Case Number: 1:2020cv01778
Filed: July 1, 2020
Court: US District Court for the Southern District of Indiana
Presiding Judge: Mark J Dinsmore
Referring Judge: James Patrick Hanlon
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 42 U.S.C. § 12101
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 11, 2021 Filing 50 MOTION to Strike #47 Surreply , filed by Defendant COSTCO WHOLESALE CORPORATION. (Foley, Erin)
August 10, 2021 Filing 49 Exhibit List , filed by Plaintiff LISA LOUKS, Witness List , filed by Plaintiff LISA LOUKS. (Jeselskis, Kimberly)
August 10, 2021 Filing 48 Witness List, filed by Defendant COSTCO WHOLESALE CORPORATION, Exhibit List , filed by Defendant COSTCO WHOLESALE CORPORATION. (Foley, Erin) Modified on 8/11/2021 (DWH).
August 9, 2021 Filing 47 Surreply re #39 MOTION for Summary Judgment Surreply to Defendant's Reply in Support of Defendant's Motion for Summary Judgment, filed by Plaintiff LISA LOUKS. (Jeselskis, Kimberly)
August 2, 2021 Filing 46 REPLY in Support of Motion re #39 MOTION for Summary Judgment , filed by Defendant COSTCO WHOLESALE CORPORATION. (Foley, Erin)
August 2, 2021 Filing 45 Appendix of Exhibits in Support of Reply in Support of Motion re #39 MOTION for Summary Judgment , filed by Defendant COSTCO WHOLESALE CORPORATION. (Attachments: #1 Exhibit Ex. 1: Deposition of Lisa Louks, #2 Exhibit Ex. 2: Deposition of Mary Kay Purvis, #3 Exhibit Ex. 3: Deposition of Julie Frazier, #4 Exhibit Ex. 4: Deposition of Mike Donaldson)(Foley, Erin)
July 19, 2021 Filing 44 APPENDIX re #43 Response in Opposition to Motion by LISA LOUKS. (Attachments: #1 Exhibit 1 - Declaration of Lisa Louks, with Exhibits A through GG, #2 Exhibit 2 - Excerpts from Deposition of Julie Frazier, with Exhibits 33 and 85, #3 Exhibit 3 - Excerpts from Deposition of Mike Donaldson, with Exhibits 42, 43, 53, 58, 65 and 71, #4 Exhibit 4 - Declaration of Kimberly Jeselskis, with Attachments A through D, #5 Exhibit 5 - Excerpts from Deposition of Mary Kay Purvis, with Exhibit 35, #6 Exhibit 6 - Declaration of Paige Hall)(Jeselskis, Kimberly)
July 19, 2021 Filing 43 RESPONSE in Opposition re #39 MOTION for Summary Judgment , filed by Plaintiff LISA LOUKS. (Jeselskis, Kimberly)
June 25, 2021 Opinion or Order Filing 42 ORDER granting Plaintiff's #41 Motion for Extension of Time to File Response to 7/19/2021 re #39 MOTION for Summary Judgment. Signed by Magistrate Judge Mark J. Dinsmore on 6/25/2021. (SWM)
June 22, 2021 Filing 41 Unopposed MOTION for Extension of Time to File Response to July 19, 2021 re #39 MOTION for Summary Judgment , filed by Plaintiff LISA LOUKS. (Attachments: #1 Text of Proposed Order)(Jeselskis, Kimberly)
June 4, 2021 Filing 40 BRIEF/MEMORANDUM in Support re #39 MOTION for Summary Judgment , filed by Defendant COSTCO WHOLESALE CORPORATION. (Foley, Erin)
June 4, 2021 Filing 39 MOTION for Summary Judgment , filed by Defendant COSTCO WHOLESALE CORPORATION. (Foley, Erin)
June 4, 2021 Filing 38 APPENDIX OF EXHIBITS IN SUPPORT OF DEFENDANT COSTCO WHOLESALE CORPORATION'S MOTION FOR SUMMARY JUDGMENT by COSTCO WHOLESALE CORPORATION. (Attachments: #1 Exhibit 1 - Deposition of Lisa Louks, #2 Exhibit 2 - Deposition of Mary Kay Purvis, #3 Exhibit 3 - Deposition of Julie Frazier, #4 Exhibit 4 - Deposition of Michael Donaldson, #5 Exhibit 5 - 2019 Costco Employee Agreement (Louks Dep. Ex. 13), #6 Exhibit 6 - Registered Pharmacist Job Analysis (Louks Dep. Ex. 18), #7 Exhibit 7 - December 2018 Paperwork (Louks Dep. Ex. 17), #8 Exhibit 8 - February 2019 Doctor's Note (Louks Dep. Ex. 20), #9 Exhibit 9 - Temporary Transitional Duty Excerpt (Louks Dep. Ex. 21), #10 Exhibit 10 - Donaldson TTD Letters (Donaldson Dep. Ex. 38), #11 Exhibit 11 - Email Chain March 2019 (Donaldson Dep. 35), #12 Exhibit 12 - Email Chain May 2019 (Purvis Dep. Ex. 46), #13 Exhibit 13 - Donaldson Letter 4/15/19 (Donaldson Dep. Ex. 40), #14 Exhibit 14 - 4/16/19 Email to Human Resources from Louks (Louks Dep. Ex. 26), #15 Exhibit 15 - Email Chain September 6, 2019 (Donaldson Dep. Ex. 51), #16 Exhibit 16 - Email Chain September 18, 2019 (Donaldson Dep. Ex. 52), #17 Exhibit 17 - 8/16/19 Letter from Dr. Jesse Savage (Louks Dep. Ex. 28), #18 Exhibit 18 - 9/30/19 Letter from Unum to Louks, #19 Exhibit 10/8/19 Unum Phone Log, #20 Exhibit 20 - Email 10/10/19 (Donaldson Dep. Ex. 53), #21 Exhibit 21 - Email 10/10/19 (Donaldson Dep. Ex. 54), #22 Exhibit 22 - Email 10/15/19 (Donaldson Dep. Ex. 56), #23 Exhibit 23 - Email Chain 10/15/19 (Donaldson Dep. Ex. 57), #24 Exhibit 24 - Mary Kay Purvis Notes (Purvis Dep. Ex. 78), #25 Exhibit 25 - Email Chain 11/19 and 12/19 (Donaldson Dep. Ex. 61), #26 Exhibit 26 - Email Chain 12/3/19 (Donaldson Dep. Ex. 62), #27 Exhibit 27 - Unum Emails to Costco, #28 Exhibit 28 - Email 1/3/20 (Purvis Dep. Ex. 65), #29 Exhibit 29 - Email 2/4/20 (Donaldson Dep. Ex. 67), #30 Exhibit 30 - Letter to Louks 2/19/20 (Donaldson Dep. Ex. 68), #31 Exhibit 31 - Job Assessment Meeting Notes (Louks Dep. Ex. 33), #32 Exhibit 32 - Productivity Report (Louks Dep. Ex. 16), #33 Exhibit 33 - Text Messages (Purvis Dep. Ex. 77), #34 Exhibit 34 - 4/9/20 Doctor's Note, #35 Exhibit 35 - Briotix Release May 2020)(Foley, Erin)
May 11, 2021 Filing 37 Statement of Claims by LISA LOUKS. (Jeselskis, Kimberly)
April 19, 2021 Opinion or Order Filing 36 ORDER ON DEFENDANT'S MOTION FOR EXTENSION OF TIME TO FILE MOTIONS FOR SUMMARY JUDGMENT - This matter comes before the Court on Defendant's motion to enlarge the June 4, 2021 dispositive motions deadline in this matter. [Dkt. #35 .] That motion is DENIED. The Court notes that Defendant may file a dispositive motion any time on or before the June 4, 2021 deadline. Signed by Magistrate Judge Mark J. Dinsmore on 4/19/2021. (SWM)
April 16, 2021 Filing 35 Unopposed MOTION for Extension of Time to July 14, 2021 To File Motions For Summary Judgment, filed by Defendant COSTCO WHOLESALE CORPORATION. (Foley, Erin)
March 31, 2021 Opinion or Order Filing 34 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 3/31/2021. Parties in this matter appeared, along with counsel for parties in Hirlston v. Costco Wholesale Corporation, 1:17-cv-04699-TWP-MPB. Defendant sought confirmation that protective order entered in this case #25 precluded counsel in Hirlston from observing depositions of Plaintiff and other witnesses. For reasons set forth more fully on record, Court ordered that Plaintiff's counsel in Hirlston may not observe depositions. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
March 26, 2021 Opinion or Order Filing 33 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/26/2021. Parties discussed status of discovery. Telephonic Status Conference set for 8/18/2021 at 11:30 AM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
February 24, 2021 Opinion or Order Filing 31 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Settlement Conference held on 2/24/2021. Settlement was not achieved. Telephonic Status Conference set for 3/26/2020 at 4:00 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
February 24, 2021 Filing 30 NOTICE of Appearance by MacKenzie Adair Johnson on behalf of Plaintiff LISA LOUKS. (Johnson, MacKenzie)
January 25, 2021 Opinion or Order Filing 29 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 1/25/2021. Parties discussed status of discovery, & parties' readiness for upcoming settlement conference.In addition, Court VACATES its order at Docket No. #20 and sua sponte RECONSIDERS its order on #18 Defendant's Motion to be Excused from Bringing a Corporate Officer to the Settlement Conference and to Modify the Time of the Conference. Defendant's request for relief from Court's requirement re Corporate Officer is DENIED. A corporate officer of Defendant is required to attend the settlement conference as originally ordered. However, Defendant's request to push back start time for settlement conference is GRANTED. The 2/24/2021 Telephonic Settlement Conference will now begin at 10:00 AM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
January 11, 2021 Opinion or Order Filing 27 ORDER denying Parties' #26 Joint Motion to Vacate Settlement Conference. The telephonic settlement conference will proceed as scheduled on February 24, 2020 at 9:00 a.m. (Eastern). The Court expects compliance with all other requirements set forth in the Court's order scheduling the settlement conference. [Dkt. #16 at 1-5.] Signed by Magistrate Judge Mark J. Dinsmore on 1/11/2021. (SWM)
January 8, 2021 Filing 26 Joint MOTION to Vacate #16 Pretrial Conference - InitialSet Hearings Telephonic Settlement Conference set for February 24, 2021, filed by Plaintiff LISA LOUKS. (Attachments: #1 Text of Proposed Order)(Jeselskis, Kimberly)
December 29, 2020 Opinion or Order Filing 25 UNIFORM STIPULATED PROTECTIVE ORDER #23 Approved as Amended and Entered as an Order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 12/29/2020.(SWM)
December 22, 2020 Filing 23 MOTION for Protective Order (Stipulated), filed by Plaintiff LISA LOUKS. (Attachments: #1 Exhibit A - Uniform Stipulated Protective Order, #2 Text of Proposed Order)(Jeselskis, Kimberly)
December 14, 2020 Opinion or Order Filing 24 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 12/14/2020. Parties discussed status of discovery. Telephonic Status Conference set for 1/25/2021 at 1:30 PM (Eastern Time) to discuss parties' readiness for upcoming settlement conference. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
November 10, 2020 Filing 21 Witness List , filed by Defendant COSTCO WHOLESALE CORPORATION, Exhibit List (DEFENDANT'S PRELIMINARY WITNESS AND EXHIBIT LISTS), filed by Defendant COSTCO WHOLESALE CORPORATION. (Foley, Erin)
November 3, 2020 Filing 19 Witness List (Preliminary), filed by Plaintiff LISA LOUKS, Exhibit List (Preliminary), filed by Plaintiff LISA LOUKS. (Jeselskis, Kimberly)
November 2, 2020 Opinion or Order Filing 20 ORDER granting in part and denying in part Defendant's #18 Motion to Be Excused from Bringing a Corporate Officer to the Settlement Conference and to Modify the Time of the Conference. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 11/2/2020. (SWM)
October 30, 2020 Filing 18 MOTION TO BE EXCUSED FROM BRINGING A CORPORATE OFFICER TO THE SETTLEMENT CONFERENCE AND TO MODIFY THE TIME OF THE CONFERENCE, filed by Defendant COSTCO WHOLESALE CORPORATION. (Foley, Erin)
October 20, 2020 Opinion or Order Filing 17 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 6/4/2021. Discovery due by 5/3/2021. *SEE ALL DEADLINES.** Signed by Magistrate Judge Mark J. Dinsmore on 10/20/2020. (GD) Modified on 10/30/2020 (GD).
October 20, 2020 Opinion or Order Filing 16 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 10/20/2020. Approved Case Management Plan with parties' agreed changes to be entered by separate order. Telephonic Status Conference set for 12/14/2020 at 3:30 PM (Eastern Time). Telephonic Settlement Conference set for 2/24/2021 at 9:00 AM (Eastern Time). *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) Modified on 12/11/2020 (GD).
October 20, 2020 Opinion or Order Filing 15 ORDER regarding protective orders. Signed by Magistrate Judge Mark J. Dinsmore on 10/20/2020.(CBU)
October 19, 2020 Filing 14 NOTICE of Appearance by Kyla J. Miller on behalf of Defendant COSTCO WHOLESALE CORPORATION. (Miller, Kyla)
October 13, 2020 Filing 12 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff LISA LOUKS . (Jeselskis, Kimberly)
September 25, 2020 Opinion or Order Filing 11 SCHEDULING ORDER: Initial Pretrial Conference set for 10/20/2020 01:00 PM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. Section III(A) through (E) of the proposed CMP shall include the following deadlines (see Order for established deadlines and additional details). Signed by Magistrate Judge Mark J. Dinsmore on 9/25/2020.(SWM)
July 30, 2020 Filing 10 TRIAL PROCEDURES AND PRACTICES before Judge James Patrick Hanlon. (DWH)
July 27, 2020 Filing 9 ANSWER to #1 Complaint ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT, filed by COSTCO WHOLESALE CORPORATION.(Foley, Erin)
July 27, 2020 Filing 8 Corporate Disclosure Statement by COSTCO WHOLESALE CORPORATION. (Foley, Erin)
July 27, 2020 Filing 7 NOTICE of Appearance by Erin D. Foley on behalf of Defendant COSTCO WHOLESALE CORPORATION. (Foley, Erin)
July 7, 2020 Filing 6 RETURN of Service by CMRRR, filed by LISA LOUKS. COSTCO WHOLESALE CORPORATION served on 7/7/2020. (Attachments: #1 Exhibit A - CMRRR Tracking)(Jeselskis, Kimberly)
July 2, 2020 Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
July 2, 2020 Filing 4 Summons Issued as to COSTCO WHOLESALE CORPORATION. (DJH)
July 1, 2020 Filing 3 NOTICE of Appearance by Alexandra Jeanne Blackwell on behalf of Plaintiff LISA LOUKS. (Blackwell, Alexandra)
July 1, 2020 Filing 2 NOTICE of Appearance by Kimberly D. Jeselskis on behalf of Plaintiff LISA LOUKS. (Jeselskis, Kimberly)
July 1, 2020 Filing 1 COMPLAINT and Jury Trial Demand against COSTCO WHOLESALE CORPORATION, filed by LISA LOUKS. (Filing fee $400, receipt number 0756-6058372) (Attachments: #1 Exhibit 1 - Dismissal and Notice of Rights, #2 Civil Cover Sheet, #3 Proposed Summons)(Jeselskis, Kimberly)

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Plaintiff: LISA LOUKS
Represented By: Kimberly D. Jeselskis
Represented By: Alexandra Jeanne Blackwell
Represented By: MacKenzie Adair Johnson
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Defendant: COSTCO WHOLESALE CORPORATION
Represented By: Erin D. Foley
Represented By: Kyla J. Miller
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