Davis v. Ocean Spray Cranberries, Inc. et al
| Kevin Davis and Angela Calvin |
| Bob Ross and Ocean Spray Cranberries, Inc. |
| 2:2017cv02795 |
| November 6, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Richard F Boulware |
| Cam Ferenbach |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 21, 2019. A more recent docket listing may be available from PACER.
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Filing 70
ORDER Granting #69 Joint Stipulation of Dismissal. Signed by Judge Richard F. Boulware, II on 5/21/2019. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 69 Joint STIPULATION of Dismissal by Defendant Ocean Spray Cranberries, Inc.. (Attachments: #1 Proposed Order) (Schacht, Nathan) |
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Filing 68
ORDER. IT IS HEREBY ORDERED that #65 the Motion to Substitute Proper Party is GRANTED. IT IS FURTHER ORDERED that the parties must file a proposed stipulation and order for dismissal on or before 6/10/2019. Signed by Magistrate Judge Cam Ferenbach on 4/10/2019. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 67 NON-OPPOSITION to #65 Motion to Substitute Party, by Plaintiff Kevin Davis. (Santos, Theresa) |
| Filing 66 STATUS REPORT REGARDING SETTLEMENT by Plaintiff Kevin Davis. (Santos, Theresa) |
| Filing 65 MOTION to Substitute Party and Suggestion of Death by Plaintiff Kevin Davis. Responses due by 4/4/2019. (Attachments: #1 Index Index of Exhibits, #2 Exhibit 1: Death Certificate of Kevin Davis, #3 Exhibit 2: Declaration of Angela Calvin, #4 Exhibit 3: Holographic Will, #5 Exhibit 4: Durable Power of Attorney, #6 Exhibit 5: Waiver of Service by Angela Calvin.) (Santos, Theresa) |
| Filing 64 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 2/12/2019. Pursuant to the #62 Notice of Settlement, IT IS ORDERED that #30 , #42 and #47 , all pending motions are DISMISSED without prejudice to refiling.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 63 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 2/6/2019. In light of the filing of #62 Notice of Settlement, IT IS ORDERED that the parties shall file settlement documents, stipulation for dismissal or joint status report within 60 days. (Copies have been distributed pursuant to the NEF - CVL) |
| Filing 62 NOTICE of Settlement by Kevin Davis. (Santos, Theresa) |
| Filing 61 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 1/29/2019. Due to a conflict with the Court's calendar, IT IS ORDERED that the hearing set for February 8, 2019 is vacated. The Court will contact the parties as to the resetting. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 60 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 1/3/2019. At the request and agreement of counsel for the parties, IT IS ORDERED that the hearing regarding #30 MOTION for Summary Judgment, #42 Second MOTION for Summary Judgment and #47 MOTION to Seal set for 1/22/2019 is vacated and RESET to February 8, 2019 at 1:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 59 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 1/2/2019. IT IS ORDERED that a hearing regarding #30 MOTION for Summary Judgment, #42 Second MOTION for Summary Judgment and #47 MOTION to Seal is set for 1/22/2019 at 2:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II.A hearing is set January 22, 2019. Counsel for the parties are ordered to appear at this hearing. Failure to appear at the scheduled hearing time may result in the imposition of sanctions, including but not limited to monetary sanctions, granting of the opposing party's motion or case-dispositive sanctions. Each party shall have three days to notify the Courtroom Administrator by email at blanca_lenzi@nvd.uscourts.gov if unable to attend and propose an alternative hearing time after consulting with opposing counsel. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 58 STIPULATED Notice Regarding Compliance with 57 Minute Order, by Plaintiff Kevin Davis. (Santos, Theresa) Modified on 12/20/2018 to reflect correct event (DKJ). |
| Filing 57 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 12/17/2018. On November 29, 2018, the Court granted the parties' request for a continued Early Neutral Evaluation ("ENE"). Docket No. 54. The Court has now received the parties' ENE statements. In violation of the Court's attendance requirement, Plaintiff himself is not appearing at the ENE. Id. at 1-2. Accordingly, the ENE set for December 19, 2018, is VACATED. Further, in reading the parties' briefing, it appears to the Court that an ENE would be futile. The parties must meet and confer, no later than December 21, 2018, as to whether an ENE would be potentially fruitful. If the parties agree that an ENE would not be futile, the parties must submit a stipulation to the Court, no later than December 27, 2018, containing five dates on which all required participants are available to be present in person. The Ocean Spray representative, whose telephonic appearance has already been granted by the Court, must be available telephonically on all dates in the stipulation.IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - NJK) |
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Filing 56
ORDER granting #55 Stipulation to appear Telephonically at the ENE; Signed by Magistrate Judge Nancy J. Koppe on 12/7/2018. (Copies have been distributed pursuant to the NEF - JM)
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| Filing 55 STIPULATION to Permit Anna Mezzano, Ocean Spray Cranberries, Inc.'s Representative to Appear by Telephone at Dec. 19, 2018 ENE by Defendant Ocean Spray Cranberries, Inc.. (Schacht, Nathan) |
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Filing 54
ORDER Granting #53 Stipulation to Reconvene the ENE re 29 Minute Order. Early Neutral Evaluation set for 12/19/2018 at 09:30 AM in LV Chambers before Magistrate Judge Nancy J. Koppe. The written evaluation statements shall be submitted, in an envelope marked "Confidential," directly to undersigned's box in the Clerk's Office no later than 3:00 p.m. on 12/12/2018. Signed by Magistrate Judge Nancy J. Koppe on 11/29/2018. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 53 STIPULATION to Reconvene the ENE re 29 Minute Order, by Plaintiff Kevin Davis. (Santos, Theresa) |
| Filing 52 NOTICE of Manual Filing by Defendant Ocean Spray Cranberries, Inc. re #51 Reply,. Object: Audio file,, Description: Exhibit F is an audio file which will be emailed to chambers, manually filed with the Clerk's Office. (Attachments: #1 Exhibit F) (Schacht, Nathan) |
| Filing 51 REPLY to Response to #42 Motion for Summary Judgment,, by Defendant Ocean Spray Cranberries, Inc.. (Attachments: #1 Affidavit of Nathan A. Schacht, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H) (Schacht, Nathan) |
| Filing 50 RESPONSE to #42 Motion for Summary Judgment,, by Plaintiff Kevin Davis. Replies due by 9/21/2018. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit) (Santos, Theresa) |
| Filing 49 ERRATA to #47 Motion to Seal by Plaintiff Kevin Davis. (Attachments: #1 Proposed Order Order Granting Motion to Seal) (Santos, Theresa) |
| Filing 48 WITHDRAWAL of #46 Motion to Seal by Plaintiff Kevin Davis. (Santos, Theresa) |
| Filing 47 MOTION to Seal by Plaintiff Kevin Davis. (Santos, Theresa) |
| Filing 46 MOTION to Seal by Plaintiff Kevin Davis. (Santos, Theresa) |
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Filing 45
ORDER Granting #43 Unopposed Motion to Seal re #42 Motion for Summary Judgment. Signed by Judge Richard F. Boulware, II on 8/23/2018. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 43 Unopposed MOTION to Seal #42 Motion for Summary Judgment,,, by Defendant Ocean Spray Cranberries, Inc.. (Attachments: #1 Proposed Order) (Schacht, Nathan) |
| Filing 42 Second MOTION for Summary Judgment by Defendant Ocean Spray Cranberries, Inc.. Responses due by 9/7/2018. (Attachments: #1 Exhibit A, #2 Exhibit 1 to Exhibit A, #3 Exhibit 2 to Exhibit A, #4 Exhibit 3 to Exhibit A, #5 Exhibit 4 to Exhibit A, #6 Exhibit 5 to Exhibit A, #7 Exhibit 6 to Exhibit A, #8 Exhibit 7 to Exhibit A, #9 Exhibit 8 to Exhibit A, #10 Exhibit 9 to Exhibit A, #11 Exhibit 10 to Exhibit A, #12 Exhibit 11 to Exhibit A, #13 Exhibit 12 to Exhibit A, #14 Exhibit 13 to Exhibit A, #15 Exhibit 14 to Exhibit A, #16 Exhibit 15 to Exhibit A, #17 Exhibit 16 to Exhibit A, #18 Exhibit B, #19 Exhibit C) (Schacht, Nathan) |
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Filing 41
ORDER. IT IS ORDERED that this action is DISMISSED without prejudice as to Defendant Bob Ross. Signed by Judge Richard F. Boulware, II on 8/8/2018. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 40 REPLY to Response to #30 Motion for Summary Judgment, by Defendant Ocean Spray Cranberries, Inc.. (Attachments: #1 Exhibit A) (Schacht, Nathan) |
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Filing 39
ORDER. IT IS HEREBY ORDERED that #38 Defendant Ocean Spray Cranberries, Inc.'s Unopposed Motion to Withdraw its Motion to Extend Case Deadlines and Vacate Hearing is GRANTED. IT IS FURTHER ORDERED that the hearing on #31 the Motion to Extend Case Deadlines scheduled for 7/20/2018 is VACATED. Signed by Magistrate Judge Cam Ferenbach on 7/18/2018. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 38 WITHDRAWAL of #31 Motion to Extend/Shorten Time by Defendant Ocean Spray Cranberries, Inc.. (Attachments: #1 Proposed Order) (Schacht, Nathan) |
| Filing 37 ERRATA to #34 Response, by Plaintiff Kevin Davis. (Attachments: #1 Certificate of Service PLAINTIFFS RESPONSE TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT) (Santos, Theresa) |
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Filing 36
ORDER. IT IS HEREBY ORDERED that a hearing on #31 Defendant Ocean Spray Cranberries, Inc.'s Motion to Extend Case Deadlines is scheduled for 10:00 AM, 7/20/2018, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 7/17/2018. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 35 SECOND NOTICE: of Non Compliance with Local Rules re: LR IC 5-1 and Attorney Action required that Attorneys Theresa Santos and Daniel R. Watkins are in violation of Local Rule LR IC 5 1 as to #34 RESPONSE. The signatory must be the attorney or pro se party who electronically files the document. Attorneys advised that continued failure to file documents in accordance with the Local Rules governing Electronic Case Filing. will be brought to the Judge's attention for appropriate action. (no image attached) (TR) |
| Filing 34 RESPONSE to #30 Motion for Summary Judgment, by Plaintiff Kevin Davis. Replies due by 7/27/2018. (Attachments: #1 Declaration of Theresa Santos, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L) (Santos, Theresa) |
| Filing 33 REPLY to Response to #31 Motion to Extend/Shorten Time by Defendant Ocean Spray Cranberries, Inc.. (Attachments: #1 Exhibit A) (Tillotson, Sammantha) |
| Filing 32 RESPONSE to #31 Motion to Extend/Shorten Time by Plaintiff Kevin Davis. Replies due by 7/14/2018. (Attachments: #1 Exhibit Declaration of Theresa Santos, #2 Exhibit Plaintiff's Initial Disclosures, #3 Exhibit Plaintiff's Notice of Non-Retained Expert, #4 Exhibit Plaintiff's Fourth Supp. Disclosures) (Santos, Theresa) |
| Filing 31 MOTION to Extend Time (First Request) re #21 Scheduling Order, by Defendant Ocean Spray Cranberries, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2) (Schacht, Nathan) |
| Filing 30 MOTION for Summary Judgment by Defendant Ocean Spray Cranberries, Inc.. Responses due by 7/13/2018. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H) (Schacht, Nathan) |
| Filing 29 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 6/20/2018. Given information provided in parties' updated confidential evaluation statements, the Court hereby VACATES the continued early neutral evaluation, which was set for June 22, 2018, at 10:00 a.m. in the chambers of the undersigned magistrate judge. This case returns to the normal litigation track. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - DD) |
| Filing 28 NOTICE of intent to dismiss pursuant to FRCP 4(m). The * Complaint* in this action was filed on* 11/06/2017.* To date no proper proof of service has been filed as to*Bob Ross.* FRCP 4(m) dismissal deadline set for 7/6/2018. (TR) |
| Filing 27 NOTICE of Association of Counsel by Jason M Gerber on behalf of Defendant Ocean Spray Cranberries, Inc.. (Gerber, Jason) |
| Filing 26 STATUS REPORT Joint Interim by Plaintiff Kevin Davis. (Santos, Theresa) |
| Filing 25 MINUTES OF PROCEEDINGS - Early Neutral Evaluation session held on 4/5/2018 before Magistrate Judge Nancy J. Koppe. Law Clerk: Deena Dulgerian; Pla Counsel: Daniel Watkins, Theresa Santos; Plf present; Def Counsel: Anna Mezzano, Nathan Schacht, Jason Gerber; Representative for Def: Bruce Young; Time of Hearing: 9:30 AM - 11:00 AM; The Early Neutral Evaluation is continued to 6/22/2018 at 10:00 AM in the chambers of Magistrate Judge Nancy J. Koppe on the fourth floor of the Lloyd D. George United States Court House. Any updated confidential written evaluation statements may be submitted directly to the undersigned's box in the Clerk's Office no later than 3:00 PM on June 15, 2018. Defendant's counsel shall have Ms. Mezzano and Mr. Schacht on a cell phone speaker for the entirety of the early neutral evaluation. (no image attached) (Copies have been distributed pursuant to the NEF - DD) |
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Filing 24
ORDER Granting #23 Motion re Stipulated Protective Order. Signed by Magistrate Judge Cam Ferenbach on 3/5/2018. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 23 Joint MOTION Stipulated Protective Order by Defendant Ocean Spray Cranberries, Inc.. Responses due by 3/19/2018. (Attachments: #1 Exhibit A, #2 Proposed Order Proposed Order) (Schacht, Nathan) |
| Filing 22 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take 3 days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (MR) |
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Filing 21
SCHEDULING ORDER re #19 Proposed Discovery Plan/Scheduling Order. Discovery due by 7/18/2018. Motions due by 8/17/2018. Proposed Joint Pretrial Order due by 9/17/2018. Signed by Magistrate Judge Cam Ferenbach on 2/23/2018. (Copies have been distributed pursuant to the NEF - MR)
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Filing 20
ORDER Regarding Early Neutral Evaluation Session. Early Neutral Evaluation set for 4/5/2018 at 09:30 AM in LV Chambers before Magistrate Judge Nancy J. Koppe. The written evaluation statements shall be submitted, in an envelope marked "Confidential," directly to undersigned's box in the Clerk's Office not later than 3:00 p.m. on 3/29/2018. Signed by Magistrate Judge Nancy J. Koppe on 2/23/2018. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 19 PROPOSED Discovery Plan/Scheduling Order by Plaintiff Kevin Davis (Santos, Theresa) |
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Filing 18
ORDER. IT IS HEREBY ORDERED that #14 Plaintiff's Motion to Extend Time to Serve Complaint Upon Defendant Bob Ross is GRANTED. IT IS FURTHER ORDERED that the deadline to effect service of process is extended up to and including 5/22/2018 for Bob Ross. Signed by Magistrate Judge Cam Ferenbach on 2/21/2018. (Copies have been distributed pursuant to the NEF - MR)
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Filing 17
ORDER Granting #13 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Sammantha J. Tillotson for Ocean Spray Cranberries, Inc. and approving Designation of Local Counsel Jason M. Gerber. Signed by Judge Richard F. Boulware, II on 1/25/2018. (Copies have been distributed pursuant to the NEF - MR)
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Filing 16
ORDER Granting #12 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Nathan A. Schacht for Ocean Spray Cranberries, Inc. and approving Designation of Local Counsel Jason M. Gerber. Signed by Judge Richard F. Boulware, II on 1/25/2018. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 15 FIRST NOTICE of Non-Compliance with LR IC 5-1. ERROR: #14 Motion was not properly signed/filed in accordance with LR IC 5-1(b). The signatory must be the attorney or pro se party who electronically files the document. Attorneys Daniel Watkins and Theresa M. Santos are advised in the future that documents submitted using CM/ECF, must be filed by the attorney who signed the document, pursuant to LR IC 5-1(b). No further action is required regarding document #14 at this time. (no image attached) (TR) |
| Filing 14 MOTION to Extend Time (First Request) re #1 Complaint by Plaintiff Kevin Davis. (Watkins, Daniel) |
| Filing 13 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Sammantha J. Tillotson and DESIGNATION of Local Counsel Jason M. Gerber (Filing fee $ 250 receipt number 0978-4940741) by Defendant Ocean Spray Cranberries, Inc.. (Gerber, Jason) |
| Filing 12 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Nathan A. Schacht and DESIGNATION of Local Counsel Jason M. Gerber (Filing fee $ 250 receipt number 0978-4940730) by Defendant Ocean Spray Cranberries, Inc.. (Gerber, Jason) |
| Filing 11 CERTIFICATE of Interested Parties by Ocean Spray Cranberries, Inc.. There are no known interested parties other than those participating in the case (Gerber, Jason) |
| Filing 10 ANSWER to #1 Complaint Defendant Ocean Spray Cranberries, Inc.'s Answer to Plaintiff's Complaint for Damages filed by Ocean Spray Cranberries, Inc.. Discovery Plan/Scheduling Order due by 3/5/2018.(Gerber, Jason) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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Filing 9
ORDER Granting #8 Stipulation to Extend Time to Answer/Respond re: #1 Complaint. Ocean Spray Cranberries, Inc. answer due 1/19/2018. Signed by Magistrate Judge Cam Ferenbach on 12/26/2017. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 8 STIPULATION to Extend Deadline re #1 Complaint, filed by Defendant Ocean Spray Cranberries, Inc.. (Gerber, Jason) |
| Filing 7 NOTICE of Appearance by attorney Jason M Gerber on behalf of Defendant Ocean Spray Cranberries, Inc.. (Gerber, Jason) |
| Filing 6 AFFIDAVIT of Service re #1 Complaint, #4 Summons Issued by Plaintiff Kevin Davis. (Watkins, Daniel) |
| Filing 5 CERTIFICATE of Interested Parties by Kevin Davis. There are no known interested parties other than those participating in the case (Watkins, Daniel) |
| Filing 4 Summons Issued as to Ocean Spray Cranberries, Inc. re #1 Complaint. (MR) |
| Filing 3 PROPOSED SUMMONS to be issued , filed by Plaintiff Kevin Davis. (Attachments: #1 Summons Ocean Spray)(Watkins, Daniel) |
| Filing 2 NOTICE: Pursuant to Local Rule 16-6 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge Nancy J. Koppe will be the evaluating judge in this case. (no image attached) (MR) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $400), filed by Kevin Davis. Proof of service due by 2/4/2018. (Attachments: #1 Civil Cover Sheet) (MR) |
| Case assigned to Judge Richard F. Boulware, II and Magistrate Judge Cam Ferenbach. (MR) |
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