Conlan v. Costco Wholesale Corporation
Plaintiff: Nicholas Conlan
Defendant: Costco Wholesale Corporation
Case Number: 6:2018cv00094
Filed: September 25, 2018
Court: US District Court for the District of Montana
Presiding Judge: John Johnston
Referring Judge: Brian Morris
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 29, 2021 Filing 151 Costs Taxed in amount of $ 3264.35 against Plaintiff. (HEG)
June 29, 2021 Filing 150 USCA Case Number 21-35517 and Time Schedule Order for #149 Notice of Appeal filed by Nicholas Conlan. (HEG)
June 28, 2021 Filing 149 NOTICE OF APPEAL by Nicholas Conlan. (Vainio, Kevin)
June 23, 2021 Filing 148 Objection Bill of Costs Objection. (Vainio, Kevin)
June 15, 2021 Filing 147 APPLICATION FOR TAXATION OF COSTS BILL OF COSTS by Costco Wholesale Corporation. (Crist, John)
June 9, 2021 Filing 146 CLERK'S JUDGMENT. (ACC)
June 9, 2021 Opinion or Order Filing 145 FINDINGS OF FACT AND CONCLUSIONS OF LAW and ORDER. 1. All of Conlan's claims against Costco are DISMISSED with prejudice. 2. The Clerk is directed to enter judgment accordingly. Signed by Magistrate Judge John Johnston on 6/9/2021. (ACC)
June 1, 2021 Filing 144 TRIAL BRIEF Reply to Def Response to Post Trial Brief by Nicholas Conlan. (Vainio, Kevin)
June 1, 2021 Filing 143 TRIAL BRIEF Defendant's Post-Trial Reply Brief by Costco Wholesale Corporation. (Crist, John)
May 17, 2021 Filing 142 Response to Defendant's Post Trial Brief re: #141 by Nicholas Conlan. (Vainio, Kevin) Modified on 5/18/2021 to link document and update docket text (HEG).
May 17, 2021 Filing 141 Defendant's Response to Plaintiff's Post Trial Brief re #134 Trial Brief (Crist, John) Modified on 5/17/2021 to clarify docket text (HEG).
May 10, 2021 Opinion or Order Filing 140 TEXT ORDER granting #139 Motion for Extension of Time to File Response/Reply. Responses due by 5/17/2021. Signed by Magistrate Judge John Johnston on 5/10/2021. (MMS)
May 10, 2021 Filing 139 MOTION for Extension of Time to File Response/Reply Kevin E. Vainio appearing for Plaintiff Nicholas Conlan (Vainio, Kevin)
May 3, 2021 Opinion or Order Filing 138 TEXT ORDER granting #137 Motion for Extension of Time to File Response/Reply re #137 First MOTION for Extension of Time to File Response/Reply Responses due by 5/10/2021. Signed by Magistrate Judge John Johnston on 5/3/2021. (SLL)
May 3, 2021 Filing 137 First MOTION for Extension of Time to File Response/Reply Kevin E. Vainio appearing for Plaintiff Nicholas Conlan (Vainio, Kevin)
April 13, 2021 Opinion or Order Filing 136 TEXT ORDER granting #135 Motion for Extension of Time to File Response/Reply re #135 First MOTION for Extension of Time to File Response/Reply Post Trial Brief : Responses due by 5/3/2021. Signed by Magistrate Judge John Johnston on 4/13/2021. (SLL)
April 13, 2021 Filing 135 First MOTION for Extension of Time to File Response/Reply Post Trial Brief Kevin E. Vainio appearing for Plaintiff Nicholas Conlan (Vainio, Kevin)
April 2, 2021 Filing 134 TRIAL BRIEF With Certificate of Compliance by Nicholas Conlan. (Vainio, Kevin)
April 2, 2021 Filing 133 TRIAL BRIEF Post Trial Brief by Nicholas Conlan. (Vainio, Kevin)
April 2, 2021 Filing 132 Proposed Findings of Fact by Nicholas Conlan. (Vainio, Kevin)
March 25, 2021 Set Deadlines: Findings and Fact due by 4/2/2021. (HEG)
March 23, 2021 Opinion or Order Filing 131 ORDER granting #130 Motion for Extension of Time to File. Plaintiff's Proposed Findings of Fact and Conclusions of Law and Post Trial Brief are due on or before April 2, 2021. Signed by Magistrate Judge John Johnston on 3/23/2021. (SLL)
March 19, 2021 Filing 130 Fourth MOTION for Extension of Time to File Proposed Findings of Fact, Conclusion of Law and Post Trial Brief Kevin E. Vainio appearing for Plaintiff Nicholas Conlan (Vainio, Kevin)
March 1, 2021 Opinion or Order Filing 129 ORDER granting #128 Motion to Continue: Plaintiff's Findings of Fact and Conclusions of Law and Post Trial brief are due by 3/19/2021. Signed by Magistrate Judge John Johnston on 3/1/2021. (SLL)
February 27, 2021 Filing 128 Third MOTION to Continue Kevin E. Vainio appearing for Plaintiff Nicholas Conlan (Vainio, Kevin)
February 17, 2021 Opinion or Order Filing 127 TEXT ORDER granting #126 Motion for Extension of Time to File. Plaintiff's Proposed Findings of Fact and Conclusions of Law and Post Trial Brief are due on or before March 2, 2021. Signed by Magistrate Judge John Johnston on 2/17/2021. (SLL)
February 15, 2021 Filing 126 Second MOTION for Extension of Time to File Proposed Findings of Fact, Conclusion of Law and Post Trial Brief Kevin E. Vainio appearing for Plaintiff Nicholas Conlan (Vainio, Kevin)
February 10, 2021 Filing 125 Proposed Findings of Fact by Costco Wholesale Corporation. (Crist, John)
February 10, 2021 Filing 124 TRIAL BRIEF POST-TRIAL BRIEF by Costco Wholesale Corporation. (Crist, John)
February 8, 2021 Opinion or Order Filing 123 TEXT ORDER granting #122 Motion for Extension of Time to File: IT IS HEREBY ORDERED that the Plaintiff has up to and including February 17, 2021 to file his proposed findings of fact and conclusions of law with the Court. Signed by Magistrate Judge John Johnston on 2/8/2021. (SLL)
February 8, 2021 Filing 122 First MOTION for Extension of Time to File Proposed Findings of Fact, Conclusion of Law and Post Trial Brief Kevin E. Vainio appearing for Plaintiff Nicholas Conlan (Vainio, Kevin)
January 18, 2021 Filing 121 AMENDED TRANSCRIPT of Bench Trial - Volume I of II - updated (previous transcript missing line numbers) held on 12/09/2020 before Judge Johnston. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Yvette Heinze, 406-422-8619, yvettecsrrpr@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 2/8/2021. Redacted Transcript Deadline set for 2/19/2021. Release of Transcript Restriction set for 4/19/2021. (YMH) Modified on 1/21/2021 amended by reporter to add line numbers (HEG).
January 13, 2021 Filing 120 TRANSCRIPT DESIGNATION ORDER FORM by Nicholas Conlan for proceedings held on 12/09/20 - 12/10/20 before Judge Johnston. Court reporter Yvette Heinze. Type of transcript: Daily. Transcript due by 1/13/2021. (Vainio, Kevin)
January 10, 2021 Filing 119 TRANSCRIPT of Bench Trial - Volume II of II held on 12/10/2020 before Judge Johnston. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Yvette Heinze, 406-422-8619, yvettecsrrpr@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 2/1/2021. Redacted Transcript Deadline set for 2/10/2021. Release of Transcript Restriction set for 4/12/2021. (YMH)
January 10, 2021 Filing 118 SEALED TRANSCRIPT of Bench Trial - Volume I of II held on 12/09/2020 before Judge Johnston. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Yvette Heinze, 406-422-8619, yvettecsrrpr@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 2/1/2021. Redacted Transcript Deadline set for 2/10/2021. Release of Transcript Restriction set for 4/12/2021. (YMH) Modified on 1/20/2021 SEE AMENDED TRANSCRIPT FILED AT #121 (HEG).
December 11, 2020 Filing 117 TRANSCRIPT DESIGNATION ORDER FORM by Costco Wholesale Corporation for proceedings held on 12/09/2020 and 12/10/2020 before Judge John Johnston. Court reporter Yvette Heinze.. Transcript due by 1/11/2021. (Crist, John)
December 11, 2020 Filing 116 Defendant Trial Exhibit List. (Attachments: #1 Exhibit 501, #2 Exhibit 502, #3 Exhibit 503, #4 Exhibit 504, #5 Exhibit 505, #6 Exhibit 506, #7 Exhibit 507, #8 Exhibit 508, #9 Exhibit 509, #10 Exhibit 510, #11 Exhibit 511, #12 Exhibit 512, #13 Exhibit 513, #14 Exhibit 514, #15 Exhibit 515, #16 Exhibit 516, #17 Exhibit 517, #18 Exhibit 518, #19 Exhibit 519, #20 Exhibit 520, #21 Exhibit 521, #22 Exhibit 522, #23 Exhibit 523, #24 Exhibit 524, #25 Exhibit 525, #26 Exhibit 526, #27 Exhibit 527) (JDH)
December 11, 2020 Filing 115 Plaintiff Trial Exhibit List. (Attachments: #1 Exhibit 2, #2 Exhibit 4, #3 Exhibit 8, #4 Exhibit 10, #5 Exhibit 14, #6 Exhibit 24, #7 Exhibit 27, #8 Exhibit 29, #9 Exhibit 30, #10 Exhibit 36, #11 Exhibit 37, #12 Exhibit 54) (JDH)
December 11, 2020 Filing 114 Defendant Witness List. (JDH)
December 11, 2020 Filing 113 Plaintiff Witness List. (JDH)
December 10, 2020 Filing 112 MINUTE ENTRYMinute Entry for proceedings held before Magistrate Judge John Johnston: BENCH TRIAL (Day 2) held on 12/10/2020. Counsel Kevin Vainio appearing on behalf of Plaintiff. Counsel John Crist and Counsel Haley Ford appearing on behalf of Defendant with Costco Rep Allen Arnold at counsel table. Witnesses sworn and examined. Exhibits admitted. Break for lunch at 11:30 a.m. Court resumes at 12:17 p.m. Plaintiff and Defendant both rest at 3:11 p.m. Within 30 days of the date the transcript is available, the parties shall file supplemental proposed findings and conclusions. Defendant requests additional briefing. The Court advises parties may file a post-trial brief contemporaneous with their proposed supplemental findings of fact. Responses and replies to be filed. Bench Trial concludes. Proceedings commenced at 8:16 a.m. and concluded at 3:13 p.m. (Court Reporter Yvette Heinze.) (Plaintiff Witnesses Sworn and Examined: David Preston, Nicholas Conlan), (Defense Witnesses Sworn and Examined: Allen Arnold, Cynthia Sue Schmertzler), (Plaintiff Exhibits Admitted: Supplement to Exhibit 2, 41 offered by Deft, 29, 54), (Law Clerk: Bill Hammer), (Hearing held in Big Horn Courtroom - Billings) (JDH) (Additional attachment(s) added on 12/10/2020: Plaintiff's Exhibit 2 supplement and Plaintiff's Exhibit 54) (JDH).
December 9, 2020 Opinion or Order Filing 111 FINAL PRETRIAL ORDER. Signed by Magistrate Judge John Johnston on 12/9/2020. (Attachments: #1 Plaintiff's Amended Witness List - Will Call, #2 Plaintiff's Amended Witness List - May Call, #3 Defendant's Witness List - Will Call, #4 Defendant's Witness List - Defendant May Call, #5 Plaintiff's Amended Exhibit List - Will Offer, #6 Plaintiff's Exhibit List - May Offer, #7 Defendant's Exhibit List - Will Offer, #8 Defendant's Exhibit List - May Offer) (JDH)
December 9, 2020 Filing 110 MINUTE ENTRYMinute Entry for proceedings held before Magistrate Judge John Johnston: FINAL PRETRIAL CONFERENCE and BENCH TRIAL (DAY 1) held 12/9/2020: Counsel Kevin Vainio appearing on behalf of Plaintiff. Counsel John Crist, Counsel Haley Ford appearing on behalf of Defendant and Costco Representative Allen Arnold at counsel table. Final pretrial order signed with agreed change. Defendant's exhibits admitted. Plaintiff's exhibits will be addressed exhibit by exhibit. Defendant's duplicates of plaintiff's exhibits are admitted and will be used. Bench trial begins. Opening by Plaintiff. Witnesses sworn and examined. Break for lunch at 12:32 p.m. Court resumes at 1:30 p.m. Parties stipulate to George Walker's testimony and Linde McLean's testimony. Court concludes for the day and will resume at 8:15 a.m. on 12/10/2020. Hearing commenced at 9:18 a.m. and concluded at 5:00 p.m. (Court Reporter Yvette Heinze.) (Plaintiff Witnesses Sworn and Examined: Warren Lee Miller, Thomas Wilhelm, David Vanderploeg, Cristina Gabriel, Daniel Manibusan, Melissa Zimmerman), (Defense Witnesses Sworn and Examined: Nikki DeMartin, Margot Fincher, Allen Arnold), (Plaintiff Exhibits Admitted: 2, 4, 8, 10, 14, 24, 27, 30, 36); (Defense Exhibits Admitted: 501 through 517 admitted at FPTC), (Law Clerk: Bill Hammer), (Hearing held in Big Horn Courtroom - Billings) (JDH) Modified on 12/10/2020 (JDH).
December 9, 2020 Filing 109 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Telephonic Status Conference held on 12/7/2020. (Law Clerk: B. Hammer), (SLL)
December 9, 2020 Set Hearing: Bench Trial (Day 2) set for 12/10/2020 at 08:15 AM in Billings, MT before Magistrate Judge John Johnston. Contract Court Reporter: Y. Heinze. (JDH)
December 4, 2020 Opinion or Order Filing 108 TEXT Order: The Court will conduct a Telephonic Status Conference on 12/7/2020 at 11:00 AM before Magistrate Judge John Johnston. The call in number is as follows: 1-877-402-9753, access code 5136505. Signed by Magistrate Judge John Johnston on 12/4/2020. (MMS)
December 4, 2020 Opinion or Order Filing 107 ORDER granting in part and denying in part #99 Motion in Limine: The portion of Costco's motion that seeks an order prohibiting Conlan from asserting a public accommodation claim based on events that allegedly occurred at Costco's tire shop on March 11, 2017 is GRANTED. The portion of Costco's motion that seeks and order prohibiting Conlan from presenting evidence and argument relating to the events that allegedly occurred at Costco's tire shop on March 11, 2017, is DENIED without prejudice to renewal at trial. Signed by Magistrate Judge John Johnston on 12/4/2020. (MMS)
December 4, 2020 Filing 106 TRIAL BRIEF SECOND by Costco Wholesale Corporation. (Attachments: #1 Exhibit 1 - Plaintiff's Responses to Defendant's First Discovery Requests) (Crist, John)
December 3, 2020 Opinion or Order Filing 105 TEXT ORDER: IT IS HEREBY ORDERED that the Final Pretrial Conference and Bench Trial in this matter will be held at the James F. Battin Federal Courthouse, Billings, Montana on Wednesday, December 9, 2020 at 9:00 a.m. The parties will report to the Big Horn Courtroom. Signed by Magistrate Judge John Johnston on 12/3/2020. (SLL)
December 3, 2020 Reset Hearings: Bench Trial set for 12/9/2020 at 09:00 AM in Billings, MT before Magistrate Judge John Johnston. Final Pretrial Conference set for 12/9/2020 at 09:00 AM in Billings, MT before Magistrate Judge John Johnston. (ACC) Modified on 12/3/2020 per 105 Text Order(ACC).
December 2, 2020 Filing 104 MINUTE ENTRY for proceedings Telephonic Status Conference held on 12/2/2020. (SLL)
December 1, 2020 Opinion or Order Filing 103 TEXT Order Setting: IT IS HEREBY ORDERED that a Telephonic Status Conference is set for 12/2/2020 at 02:00 PM before Magistrate Judge John Johnston. The call-in number is as follows: 877-873-8018; access code: 1101249. Signed by Magistrate Judge John Johnston on 12/1/2020. (SLL)
November 9, 2020 Filing 102 NOTICE of Change of Address by Kevin E. Vainio (Vainio, Kevin)
November 9, 2020 Filing 101 Response to Motion re #99 Second MOTION in Limine Response in Opposition in Limine filed by Nicholas Conlan. (Vainio, Kevin) Modified on 11/16/2020 to update event text (HEG).
October 27, 2020 Filing 100 Brief/Memorandum in Support re #99 Second MOTION in Limine filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Crist, John)
October 27, 2020 Filing 99 Second MOTION in Limine John G. Crist appearing for Defendant Costco Wholesale Corporation (Crist, John)
October 21, 2020 Opinion or Order Filing 98 Order Setting: Contract Court Reporter is Needed. IT IS HEREBY ORDERED that Defendant's Motion in Limine is due by 10/28/2020. Plaintiff's Response to Defendant's Motion in Limine is due by 11/8/2020. Final Pretrial Conference set for 12/9/2020 at 09:00 AM in Great Falls, MT before Magistrate Judge John Johnston. Bench Trial will be held immediately following the Final Pretrial Conference. Signed by Magistrate Judge John Johnston on 10/21/2020. (SLL) Modified on 12/2/2020 to reflect Court Reporter will be Yvette Heinze (ACC).
October 21, 2020 Filing 97 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Telephonic Scheduling Conference held on 10/21/2020. (Law Clerk: B. Hammer), (SLL)
October 19, 2020 Opinion or Order Filing 96 Order GRANTING #95 Unopposed MOTION to Vacate Trial Date filed by Costco Wholesale Corporation. IT IS HEREBY ORDERED that the Bench Trial set for October 20, 2020 is VACATED. A telephonic scheduling call will be held on Wednesday, October 21, 2020 at 10:00 a.m. The call in number is as follows: 877-402-9753; access code: 5136505. Signed by Magistrate Judge John Johnston on 10/19/2020. (SLL)
October 19, 2020 Filing 95 Unopposed MOTION to Vacate Trial Date John G. Crist appearing for Defendant Costco Wholesale Corporation (Attachments: #1 Text of Proposed Order) (Crist, John)
October 16, 2020 Filing 94 Exhibit List Def Costco's Objections to Plaintiff's Amended Exhibit List (Will Offer) by Costco Wholesale Corporation.. (Crist, John)
October 14, 2020 Filing 93 NOTICE by Costco Wholesale Corporation of Conventional Filing of Defendant's Trial Exhibits and CD containing Trial Exhibits in PDF format (Crist, John)
October 13, 2020 Filing 92 Objection re: #83 Proposed Pretrial Order,, . (Vainio, Kevin)
October 13, 2020 Filing 91 TRIAL BRIEF by Nicholas Conlan. (Attachments: #1 Exhibit Amended, #2 Exhibit Amended, #3 Exhibit Amended) (Vainio, Kevin)
October 13, 2020 Filing 90 Proposed Findings of Fact by Nicholas Conlan. (Vainio, Kevin)
October 13, 2020 Filing 89 Exhibit List AMENDED MAY OFFER by Costco Wholesale Corporation.. (Crist, John)
October 13, 2020 Filing 88 Proposed Findings of Fact by Costco Wholesale Corporation. (Crist, John)
October 13, 2020 Filing 87 TRIAL BRIEF by Costco Wholesale Corporation. (Crist, John)
October 8, 2020 Opinion or Order Filing 86 ORDER granting #85 Unopposed Motion for Witnesses to Appear via Video Conference (Zoom) at Trial. IT IS HEREBY ORDERED that the certain witnesses Cindy Schmertzler and Margo Fincher may appear via video conference (Zoom) at the trail scheduled in this matter for October 20, 2020. Signed by Magistrate Judge John Johnston on 10/8/2020. (Emailed to IT) (ACC)
October 8, 2020 Filing 85 Unopposed MOTION for Witnesses to Appear for Trial Via Video Conference (Zoom) John G. Crist appearing for Defendant Costco Wholesale Corporation (Attachments: #1 Text of Proposed Order) (Crist, John)
October 5, 2020 Filing 84 NOTICE of Appearance by John G. Crist on behalf of Costco Wholesale Corporation (Crist, John)
October 2, 2020 Filing 83 Proposed Pretrial Order submitted for review by Costco Wholesale Corporation. (Attachments: #1 Exhibit Def's Witness List [Will Call], #2 Exhibit Def's Witness List [May Call], #3 Exhibit Def's Exhibit List [Will Of fer], #4 Exhibit Def's Exhibit List [May Offer], #5 Exhibit Pltf's Witness List [Will Call] with objs, #6 Exhibit Pltf's Winess List [May Call] with objections, #7 Exhibit Pltf's Exhibit List [Will Offer] with objections, #8 Exhibit Pltf's Exhibit List [May Offer]) (Crist, John)
July 28, 2020 Opinion or Order Filing 82 SCHEDULING ORDER: Proposed Pretrial Order due by 10/2/2020. Final Pretrial Conference set for 10/20/2020 at 09:00 AM in Great Falls, MT before Magistrate Judge John Johnston. The Court will conduct a bench trial immediately following the final pretrial conference. Contract Court Reporter is Needed. Signed by Magistrate Judge John Johnston on 7/28/2020. (HEG)
July 28, 2020 Filing 81 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Telephonic Status Conference held on 7/28/2020. (Law Clerk: B. Hammer), (SLL)
July 21, 2020 Opinion or Order Filing 80 TEXT Order Setting: IT IS HEREBY ORDERED that a Telephonic Status Conference is set for 7/28/2020 at 09:00 AM before Magistrate Judge John Johnston. The call in information is as follows: 877-402-9753; access code: 5136505. Signed by Magistrate Judge John Johnston on 7/21/2020. (SLL)
July 9, 2020 Filing 79 Minute Entry for proceedings held before Magistrate Judge Timothy J. Cavan: Settlement Conference held on 7/9/2020. The case did not settle. (WDB)
July 7, 2020 Filing 78 COVID-19 Quesionnaire for Out-Of-State Attorneys, Parties & Witnesses. (Crist, John)
July 6, 2020 Opinion or Order Filing 77 ORDER permitting electronic devices in court environs. Signed by Magistrate Judge Timothy J. Cavan on 7/6/2020. (JEH)
June 18, 2020 Filing 76 TRANSCRIPT of Motion re #73 Transcript Designation Order Form, held on 6/3/2020 before Judge John Johnston. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Julie Lake, 406-543-6447. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 7/9/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/16/2020. (HEG)
June 9, 2020 Opinion or Order Filing 75 ORDERED: the undersigned will conduct a settlement conference in the above- captioned case on July 8, 2020 at 9:00 a.m. Counsel and the parties shall report to the Paul G. Hatfield Federal Courthouse, 901 Front Street, Helena, Montana. Signed by Magistrate Judge Timothy J. Cavan on 6/9/2020. (HEG)
June 9, 2020 Filing 74 Minute Entry for proceedings held before Magistrate Judge Timothy J. Cavan: Telephonic Status Conference held on 6/9/2020. Order to follow. (WDB)
June 9, 2020 Filing 73 TRANSCRIPT DESIGNATION ORDER FORM for 06/03/2020 Hearing by Costco Wholesale Corporation for proceedings held on 06/03/2020 before Judge John Johnston. Court reporter Julie Lake. Type of transcript: 14-Day. Transcript due by 6/23/2020. (Crist, John)
June 4, 2020 Opinion or Order Filing 72 ORDERED: A telephonic conference to select a date for the settlement conference is set for June 9, 2020 at 11:00 a.m. See order for call-in information. Signed by Magistrate Judge Timothy J. Cavan on 6/4/2020. (HEG)
June 4, 2020 Opinion or Order Filing 71 ORDER REFERRING CASE to Magistrate Judge Timothy J. Cavan for the limited purpose of conducting a settlement conference. Signed by Magistrate Judge John Johnston on 6/4/2020. (HEG)
June 4, 2020 Opinion or Order Filing 70 ORDER granting in part and denying in part #42 Motion for Partial Summary Judgment; granting #46 Motion in Limine; granting in part and denying in part #60 Motion to Strike. The bench trial previously scheduled for June 17, 2020, is VACATED. All pretrial deadlines are VACATED. Signed by Magistrate Judge John Johnston on 6/4/2020. (HEG)
June 3, 2020 Filing 69 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston. Present in the courtroom were Kevin Vanio together with his client, Plaintiff Nicholas Conlan and arguing for the Defendant was John Crist who was accompanied by Haley Ford. Arguments presented; Judge granted Motion in Limine and Motion to Strike; Granted in part Motion for Summary Judgment on front and back pay and concluded that issue of fact remain on the rest of the Motion. Judge will refer the case to Judge Cavan for mediation and will schedule the trial after conclusion. Motions Hearing held on 6/3/2020 re #42 MOTION for Partial Summary Judgment, #46 MOTION in Limine and #60 MOTION to Strike #54 Affidavit in Support of Motion, all filed by Costco Wholesale Corporation. Hearing commenced at 1:56 and concluded at 2:52. (Court Reporter Julie Lake.) (Law Clerk: William Hammer), (Hearing held in Butte) (Grady, Colleen)
June 1, 2020 Opinion or Order Filing 68 ORDERED: The hearing on all pending motions is RESET for 2:00 p.m. on June 3, 2020, at the Mike Mansfield Federal Courthouse in Butte, Montana. Signed by Magistrate Judge John Johnston on 6/1/2020. (HEG)
May 27, 2020 Opinion or Order Filing 67 ORDER Setting Hearing on Motion #46 MOTION in Limine , #42 MOTION for Partial Summary Judgment , #60 MOTION to Strike #54 Affidavit in Support of Motion Motion Hearing set for 6/3/2020 at 10:00 AM in Butte, MT before Magistrate Judge John Johnston. Signed by Magistrate Judge John Johnston on 5/27/2020. (HEG) Modified on 5/29/2020 (HEG). Julie Lake to report.
May 19, 2020 Filing 66 REPLY to Response to Motion re #60 MOTION to Strike #54 Affidavit in Support of Motion,, filed by Costco Wholesale Corporation. (Crist, John)
May 14, 2020 Filing 65 RESPONSE to Motion re #60 MOTION to Strike #54 Affidavit in Support of Motion,, filed by Nicholas Conlan. (Vainio, Kevin)
May 12, 2020 Opinion or Order Filing 64 ORDERED: Plaintiff's response to Defendant's Motion to Strike (Doc. 60) is due by the 15th day of May 2020. Signed by Magistrate Judge John Johnston on 5/12/2020. (HEG)
May 12, 2020 Filing 63 Notice of Correction: re #62 First MOTION for Extension of Time to File Response to Strike. The filing error relates to: Improper Signature. See the attached document for a brief description of the error made. (HEG)
May 11, 2020 Filing 62 First MOTION for Extension of Time to File Response to Strike Kevin E. Vainio appearing for Plaintiff Nicholas Conlan (Attachments: #1 Text of Proposed Order Proposed Order) (Vainio, Kevin)
April 28, 2020 Filing 61 Brief/Memorandum in Support re #60 MOTION to Strike #54 Affidavit in Support of Motion,, , #54 Affidavit in Support of Motion,, filed by Costco Wholesale Corporation. (Crist, John)
April 28, 2020 Filing 60 MOTION to Strike #54 Affidavit in Support of Motion,, John G. Crist appearing for Defendant Costco Wholesale Corporation (Crist, John)
April 28, 2020 Filing 59 REPLY to Response to Motion re #42 MOTION for Partial Summary Judgment filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit A) (Crist, John)
April 28, 2020 Filing 58 REPLY to Response to Motion re #46 MOTION in Limine filed by Costco Wholesale Corporation. (Crist, John)
April 14, 2020 Opinion or Order Filing 57 ORDERED: Costcos Reply Brief to Motion for Partial Summary Judgment and Costcos Reply Brief in Support of its Motion in Limine shall be due on or before April 29, 2020. Signed by Magistrate Judge John Johnston on 4/14/2020. (HEG)
April 14, 2020 Filing 56 Unopposed MOTION for Extension of Time to File Response/Reply as to #46 MOTION in Limine , #42 MOTION for Partial Summary Judgment John G. Crist appearing for Defendant Costco Wholesale Corporation (Attachments: #1 Text of Proposed Order) (Crist, John)
April 3, 2020 Filing 55 RESPONSE to Motion re #46 MOTION in Limine filed by Nicholas Conlan. (Vainio, Kevin)
April 3, 2020 Filing 54 Response Brief in Opposition re #42 Motion for Partial Summary Judgment (Attachments: #1 Affidavit Final Statement of Facts, #2 Affidavit Conlan Affidavit, #3 Exhibit Bates Exhibits for Conlan Affidavit, #4 Affidavit Bentley Affidavit, #5 Exhibit Bates Exhibits for Bentley Affidavit, #6 Motion in Limine) (Vainio, Kevin) Modified on 4/3/2020 to create link to Motion #42 and clarify document description (HEG). Modified on 4/3/2020 Ex 6 sealed and is to be refiled separately. (HEG).
March 20, 2020 Opinion or Order Filing 53 AMENDED SCHEDULING ORDER: Proposed Pretrial Order due by 6/5/2020. Trial briefs (optional) and proposed findings of fact and conclusions of law shall be filed on or before June 10, 2020. A final pretrial conference shall be held at the Mike Mansfield Federal Courthouse in Butte, Montana on June 17, 2020, at 9:00 a.m. The Court will conduct a bench trial immediately following the final pretrial conference. The Courts Scheduling Order of September 4, 2019, shall remain in full force and effect in all other respects. Contract Court Reporter is Needed. Signed by Magistrate Judge John Johnston on 3/20/2020. (HEG)
March 19, 2020 Filing 52 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Telephonic Status Conference held on 3/19/2020. (SLL)
March 18, 2020 Opinion or Order Filing 51 ORDERED: A telephonic status conference shall be held on the 19th day of March, 2020 at 11:30 a.m. Please see order for call-in information. Signed by Magistrate Judge John Johnston on 3/18/2020. (HEG)
March 17, 2020 Filing 50 Unopposed MOTION Status Conference Kevin E. Vainio appearing for Plaintiff Nicholas Conlan (Attachments: #1 Text of Proposed Order) (Vainio, Kevin)
March 17, 2020 Remark: Legal Assistant to Plaintiff's counsel called to notify that they are having issues logging into CM/ECF. The Joint Motion to Appear via telephone will be filed electronically if IT can resolve the issue, otherwise they have been instructed to take the motion to the Butte office for conventional filing. (HEG)
March 13, 2020 Filing 49 MOTION FOR ORDER/JUDGMENT by Costco Wholesale Corporation re #46 MOTION in Limine Request for Order Granting Motion in Limine (Crist, John) Modified on 3/16/2020 create event to a motion (HEG).
March 13, 2020 Filing 48 MOTION FOR ORDER/JUDGMENT by Costco Wholesale Corporation re #42 MOTION for Partial Summary Judgment Request for Order Granting Motion for Partial Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Crist, John) Modified on 3/16/2020 to create event to a motion (HEG).
February 14, 2020 Filing 47 Brief/Memorandum in Support re #46 MOTION in Limine filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit Conlan Depo Excerpts) (Crist, John)
February 14, 2020 Filing 46 MOTION in Limine John G. Crist appearing for Defendant Costco Wholesale Corporation (Crist, John)
February 14, 2020 Filing 45 Statement of Undisputed Fact re: #44 Affidavit in Support of Motion, #42 MOTION for Partial Summary Judgment , #43 Brief/Memorandum in Support by Costco Wholesale Corporation filed by Costco Wholesale Corporation. (Attachments: #1 Conlan Depo Excerpts, #2 Conlan Depo Exhibits) (Crist, John)
February 14, 2020 Filing 44 AFFIDAVIT in Support re #42 MOTION for Partial Summary Judgment of Allen Arnold filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Crist, John)
February 14, 2020 Filing 43 Brief/Memorandum in Support re #42 MOTION for Partial Summary Judgment filed by Costco Wholesale Corporation. (Crist, John)
February 14, 2020 Filing 42 MOTION for Partial Summary Judgment John G. Crist appearing for Defendant Costco Wholesale Corporation (Crist, John) Modified on 5/29/2020 Julie Lake to report (HEG).
February 14, 2020 Filing 41 NOTICE by Costco Wholesale Corporation of Firm Name Change (Crist, John)
October 24, 2019 Filing 40 Proof of Service filed by Costco Wholesale Corporation. Service by Subpoena to Produce Documents on 10/18/19. (Crist, John)
September 4, 2019 Opinion or Order Filing 39 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 4/20/2020 at 01:30 PM in Butte, MT before Magistrate Judge John Johnston., Discovery due by 1/10/2020. Motions due by 2/14/2020. Proposed Pretrial Order due by 4/10/2020. Bench Trial set for 4/28/2020 at 09:00 AM in Butte, MT before Magistrate Judge John Johnston. The Court's Scheduling Order of May 22, 2019, shall remain in full force and effect in all other respects. Contract Court Reporter is Needed. Signed by Magistrate Judge John Johnston on 9/4/2019. (HEG)
September 3, 2019 Filing 38 Unopposed MOTION to Amend/Correct #27 Scheduling Order,, John G. Crist appearing for Defendant Costco Wholesale Corporation (Crist, John)
August 28, 2019 Filing 37 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Telephonic Status Conference held on 8/28/2019. (SLL)
August 27, 2019 Opinion or Order Filing 36 ORDERED: The undersigned will conduct a telephonic status call on Wednesday, August 28, 2019 at 1:30 p.m. The Court will contact the parties with the call-in number. Signed by Magistrate Judge John Johnston on 8/27/2019. (HEG)
August 26, 2019 Filing 35 RESPONSE to Motion re #34 MOTION for Extension of Time to File filed by Costco Wholesale Corporation. (Crist, John)
August 23, 2019 Filing 34 MOTION for Extension of Time to File Kevin E. Vainio appearing for Plaintiff Nicholas Conlan (Vainio, Kevin)
July 17, 2019 Filing 33 ANSWER to #32 Complaint Second Amended by Costco Wholesale Corporation. (Crist, John)
June 26, 2019 Filing 32 Second Amended COMPLAINT and Demand for Jury Trial against Costco Wholesale Corporation, filed by Nicholas Conlan. (HEG)
June 26, 2019 Opinion or Order Filing 31 ORDER re #30 Amended Complaint, filed by Nicholas Conlan. Conlan's Motion for Leave to File Second Amended Complaint is GRANTED. The clerk shall file Conlan's Second Amended Complaint. Signed by Magistrate Judge John Johnston on 6/26/2019. (HEG)
June 21, 2019 Filing 30 AMENDED COMPLAINT and Demand for Jury Trial against All Defendants, filed by Nicholas Conlan. (Attachments: #1 Exhibit Proposed Second Amended Complaint and Demand for Jury Trial, #2 Exhibit Brief in Support of Motion for Leave to File Second Amended Complaint and Demand for Jury Trial) (Vainio, Kevin)
May 28, 2019 Filing 29 PRELIMINARY PRETRIAL STATEMENT by Nicholas Conlan. (Vainio, Kevin)
May 23, 2019 Filing 28 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Preliminary Pretrial Conference held on 5/22/2019. (SLL)
May 22, 2019 Opinion or Order Filing 27 SCHEDULING ORDER: Amended Pleadings/Joinder of Parties due by 6/21/2019. Motions due by 11/29/2019. Proposed Pretrial Order due by 1/27/2020. Final Pretrial Conference set for 2/12/2020 at 02:00 PM in Great Falls, MT before Magistrate Judge John Johnston. Bench Trial set for 2/24/2020 at 09:00 AM in Helena, MT before Magistrate Judge John Johnston. See order for additional information and deadlines. Contract Court Reporter is Needed. Signed by Magistrate Judge John Johnston on 5/22/2019. (HEG)
May 21, 2019 Filing 26 Disclosure Statement by Nicholas Conlan. (Vainio, Kevin) Modified on 5/29/2019 Document sealed as Disclosures may not be filed per L.R. 26.1(c) (HEG).
May 15, 2019 Filing 25 STATEMENT OF STIPULATED FACTS by Costco Wholesale Corporation. (Crist, John)
May 15, 2019 Filing 24 JOINT DISCOVERY PLAN by Costco Wholesale Corporation. (Crist, John)
May 15, 2019 Filing 23 PRELIMINARY PRETRIAL STATEMENT by Costco Wholesale Corporation. (Crist, John)
April 29, 2019 Filing 22 NOTICE of Appearance by Kevin E. Vainio on behalf of Nicholas Conlan (Vainio, Kevin)
April 29, 2019 Opinion or Order Filing 21 TEXT ORDER granting #19 Motion for telephonic Preliminary Pretrial Conference. Telephonic Preliminary Pretrial Conference set for May 22, 2019 at 2:00 p.m The Court will contact the parties with the call-in number. Signed by Magistrate Judge John Johnston on 4/29/2019. (SLL)
April 29, 2019 Opinion or Order Filing 20 Order Setting: Preliminary Pretrial Statement due by 5/15/2019. Joint Discovery Plan due by 5/15/2019. Statement of Stipulated Facts due by 5/15/2019. Telephonic Status Conference set for 5/22/2019 at 02:00 PM in Great Falls, MT before Magistrate Judge John Johnston. The Court will contact the parties with the call-in number. Signed by Magistrate Judge John Johnston on 4/29/2019. (HEG)
April 26, 2019 Filing 19 MOTION Set Telephonic Preliminary Pretrial Conference John G. Crist appearing for Defendant Costco Wholesale Corporation (Attachments: #1 Text of Proposed Order) (Crist, John)
December 4, 2018 Filing 18 NOTICE and Consent to Electronic Service by Nicholas Conlan. (HEG)
November 26, 2018 Filing 17 Agreement to Allow Pro Se Party to File by E-Mail. Copy mailed to plaintiff. (HEG)
November 26, 2018 Filing 16 Pro Se Request for Leave to File by E-mail by Nicholas Conlan. (HEG)
November 6, 2018 Opinion or Order Filing 15 ORDER granting #13 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge John Johnston on 11/6/2018. Copy sent via US Mail to plaintiff. (JEC)
November 2, 2018 Filing 14 NOTICE OF CASE OPENING (Attachments: #1 consent to electronic service, #2 request to file by email). Mailed to plaintiff. (HEG)
November 1, 2018 Filing 13 MOTION for Leave to Proceed in forma pauperis by Plaintiff Nicholas Conlan (Attachments: #1 Financial Report, #2 Letter) (HEG)
October 29, 2018 Filing 12 Clerk's Notice Upon Consent to USMJ. Copy mailed to plaintiff with updated docket sheet. (HEG)
October 29, 2018 Filing 11 CONSENTS TO USMJ. (HEG)
October 19, 2018 Filing 10 NOTICE of Change of Address by Nicholas Conlan. (HEG)
October 2, 2018 Filing 9 Mailing of Consent to Magistrate Judge as Presiding Judge. Mailed to counsel John G. Crist. Consent/Objection to USMJ Form due by 10/19/2018. Sent via US Mail to Plaintiff. (JEC)
October 1, 2018 Filing 8 AMENDED COMPLAINT against Costco Wholesale Corporation, filed by Nicholas Conlan. (HEG)
October 1, 2018 Opinion or Order Filing 7 STATE COURT ORDER. Signed by Judge on 7/25/18. (HEG)
October 1, 2018 Filing 6 COMPLAINT against Costco Wholesale Corporation, filed by Nicholas Conlan. (HEG)
October 1, 2018 Filing 5 NOTICE of filing state court documents. All retained on open civil shelf. (HEG)
September 25, 2018 Filing 4 CERTIFICATE OF SERVICE by Costco Wholesale Corporation re #2 Corporate Disclosure Statement, #1 Notice of Removal, #3 Answer to Complaint Notice to Clerk of Court (Crist, John)
September 25, 2018 Filing 3 ANSWER to Complaint -Conlan's Amended Complaint by Costco Wholesale Corporation. (Crist, John)
September 25, 2018 Filing 2 Corporate Disclosure Statement by Costco Wholesale Corporation. (Crist, John)
September 25, 2018 Filing 1 NOTICE OF REMOVAL by Costco Wholesale Corporation from MT 5th Judicial District Court, Jefferson County, case number DV-2018-20., filed by Costco Wholesale Corporation. (Attachments: #1 State Court Documents, #2 Civil Cover Sheet) (HEG) (Main Document 1 replaced on 9/25/2018) (HEG).
September 25, 2018 Filing fee received: $ 400, receipt number 0977-2198759 (HEG)

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Plaintiff: Nicholas Conlan
Represented By: Kevin E. Vainio
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Defendant: Costco Wholesale Corporation
Represented By: John G. Crist
Represented By: Haley Ford
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