Carlson v. Sam's West, Inc. et al
| Donna Carlson |
| Sam's Real Estate Business Trust, Sam's West, Inc. and Sam's West, Inc. doing business as Sam's Club doing business as Sam's Club #6382 |
| 2:2017cv02882 |
| November 16, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Miranda M Du |
| Elayna J Youchah |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Defendant |
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| Filing 165 NOTICE NOTICE OF ENTRY OF STIPULATION AND ORDER FOR DISMISSAL OF PLAINTIFFS COMPLAINT AGAINST DEFENDANTS SAMS WEST, INC., SAMS CLUB, SAMS CLUB #6382, AND SAMS REAL ESTATE BUSINESS TRUST WITH PREJUDICE by Sam's Real Estate Business Trust, Sam's West, Inc. re #164 Order on Stipulation,,, Order Dismissing Case,,.. (Spaur, Elizabeth) |
Filing 164
ORDER granting ECF No. #163 Stipulation for Dismissal.It is ordered that the Complaint filed by Plaintiff, DONNA CARLSON, against Defendants SAM'S WEST, INC., SAM'S CLUB, SAM'S CLUB #6382, and SAM'S REAL ESTATE BUSINESS TRUST, in the above-captioned matter, United States District Court, Case No. 2:17-cv-02882-MMD-EJY, including all claims alleged therein, are hereby dismissed with prejudice as to Defendants SAM'S WEST, INC., SAM'S CLUB, SAM'S CLUB #6382, and SAM'S REAL ESTATE BUSINESS TRUST.Each party to bear its own attorneys' fees and costs. Signed by Chief Judge Miranda M. Du on 6/26/2023. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 163 STIPULATION FOR DISMISSAL OF PLAINTIFF'S COMPLAINT by Defendants Sam's Real Estate Business Trust, Sam's West, Inc.. (Spaur, Elizabeth) (dismissal) |
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Filing 162
ORDER REGARDING TRIAL. Motions in limine must be fully briefed and submitted for decision no later than thirty (30) days before trial. Motions filed after this established deadline will be automatically denied. Counsel are required to meet and confer on the issues raised in the motion in limine before filing the motion and must include a statement certifying compliance with this personal consultation requirement. Telephonic Calendar Call set for 11/27/2023 at 01:00 PM in Reno Courtroom 5 before Chief Judge Miranda M. Du. Counsel must call 1-888-251-2909, at least 5 minutes prior to the hearing. The code is 3803398 and the pass code is 112723. The use of cell phones and/or speaker phones is prohibited. Trial related documents (exhibit lists, proposed mutually acceptable jury instructions, disputed jury instructions, proposed verdict form, suggested voir dire questions, joint statement of the case and trial briefs) are due one week before trial. Please see order and the attachment for instructions on the submission of trial related documents. The Jury Trial is set for 12/5/2023 at 09:00 AM in Courtroom to be determined before Chief Judge Miranda M. Du. Signed by Chief Judge Miranda M. Du on 4/7/2023. (Attachments: #1 Exhibit 1 - JERS memo)(Copies have been distributed pursuant to the NEF - PAV)
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| Filing 161 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 4/7/2023. By Deputy Clerk: Peggie Vannozzi. Judge Jennifer A. Dorsey presided at the master trial scheduling conference for the 4/24/2023 and 4/25/2023 Las Vegas trial stacks. At the video conference, the parties advised that they were ready to proceed to trial on 4/25/2023 before Chief Judge Miranda M. Du, estimating the trial would take 7-9 days. Judge Dorsey informed counsel that, due to a conflict in Chief Judge Du's calendar, the jury trial would be reset. It is ordered that the jury trial set for 4/25/2023 at 9:00 AM in a Las Vegas Courtroom to be determined is vacated and reset to 12/5/2023 at 9:00 AM in a Las Vegas courtroom to be determined before Chief Judge Miranda M. Du. It is further ordered that the Telephonic Calendar Call set for 4/24/2023 at 1:00 PM is vacated and reset to 11/27/2023 at 01:00 PM in Reno Courtroom 5 before Chief Judge Miranda M. Du. A new order regarding trial follows that sets other deadlines. The Court reminds counsel that the parties may consent to proceed before the magistrate judge at any time. The magistrate judge would be able to give the parties a firm trial date at an earlier time. The AO-85 Consent to Proceed before the Magistrate Judge may be accessed at #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. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 160 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 3/27/2023. By Law Clerk: C. Ponder. Pending before the Court are Plaintiff's Motion for Protective Order (ECF No. #152 ) and Defendants' Motion to Compel Plaintiff's Supplemental Deposition (ECF No. #155 ). Following the Court's Order requiring the parties to meet and confer about the issue presented in the two Motions, the parties filed a Joint Status Report representing they have resolved their differences thereby mooting the Motion for Protective Order and Motion to Compel. ECF No. #159 . Accordingly, IT IS HEREBY ORDERED that the Motion for Protective Order (ECF No. #152 ) and Motion to Compel Plaintiff's Supplemental Deposition (ECF No. #155 ) are DENIED as moot. (no image attached) (Copies have been distributed pursuant to the NEF - CMP) |
| Filing 159 Joint STATUS REPORT Regarding Plaintiff's Supplemental Deposition by Defendants Sam's Real Estate Business Trust, Sam's West, Inc... (Spaur, Elizabeth) |
| Filing 158 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 3/20/2023. By Judicial Assistant: E. Santiago. Pending before the Court is Defendant's Motion to Shorten Time (ECF No. #157 ) pertaining to the Motion to Compel filed on Friday, March 17, 2023. There is also a pending Motion for Protective Order filed by Plaintiff. ECF No. #152 . The issue raised by the competing Motions pertains to reopening discovery for the purposes of taking Plaintiff's deposition for a second time because Plaintiff was first deposed four years ago, and Plaintiff's damages have changed during this four year period of time. This issue is one that should be resolved through compromise-the essence of the meet and confer process-in which the parties appear to have engaged, if not thoroughly at least minimally. Based on the foregoing and the Court's preliminary review of the competing Motions, IT IS HEREBY ORDERED that the Motion to [sic] Shorten Time (ECF No. #157 ) is DENIED without prejudice.IT IS FURTHER ORDERED that the parties must (1) meet and confer again, no later than March 23, 2023, regarding the issue of Defendant's request to depose Plaintiff a second time toward the goal of finding compromise (e.g. expressly limiting the length of the deposition and the subject matter(s) on which Plaintiff may be questioned), and (2) submit a joint status report no later than 12 noon on Friday, March 24, 2023, stating whether a resolution was reached and if not, succinctly stating each partys position. IT IS FURTHER ORDERED that if resolution is not reached, Plaintiff's Opposition to Defendant's Motion to Compel (ECF No. #155 ) is due no later than 5 p.m. on Monday, March 27, 2023. No reply by Defendant will be allowed without leave of Court. IT IS FURTHER ORDERED that Defendant's Opposition to Plaintiff's Motion for Protective Order (ECF No. #152 ) is due no later than 5 p.m. on Monday, March 27, 2023. No reply by Plaintiff will be allowed without leave of Court.IT IS FURTHER ORDERED that if resolution is not reached, the parties must appear in person on April 6, 2023, at 10 a.m. in Courtroom 3A, at which time the competing Motions will be discussed and decided by the Court.IT IS FURTHER ORDERED that if resolution is reached each party must file a notice withdrawing her/its respective Motion no later than 12 noon on March 24, 2023.(no image attached) (Copies have been distributed pursuant to the NEF - ES) |
| Filing 157 MOTION to Shorten Time re #155 Motion to Compel, by Defendants Sam's Real Estate Business Trust, Sam's West, Inc.. Responses due by 4/3/2023. (Attachments: #1 Declaration Declaration of Elizabeth C. Spaur)(Spaur, Elizabeth) (discovery) |
| Filing 156 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 3/20/2023. By Judicial Assistant: E. Santiago.Before the Court is the Ex Parte Application to Shorten Time on Sam's West Inc.'s Motion to Compel Plaintiff's Supplemental Deposition. ECF No. #154 . The Motion was improperly filed ex parte. LR IA 7-2(b) states: "Neither party nor an attorney for any party may make an ex parte communication except as specifically permitted by court order or the Federal Rules of Civil...Procedure. An ex parte motion or application must articulate the rule that permits ex parte filing and explain why it is filed on an ex parte basis." Accordingly, IT IS HEREBY ORDERED that Ex Parte Application to Shorten Time on Sam's West Inc.'s Motion to Compel Plaintiff's Supplemental Deposition (ECF No. #154 ) is DENIED without prejudice. IT IS FURTHER ORDERED that Defendant must refile its Motion to Shorten Time serving all parties. (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
| Filing 155 MOTION to Compel PLAINTIFFS SUPPLEMENTAL DEPOSITION; r by Defendants Sam's Real Estate Business Trust, Sam's West, Inc.. Responses due by 3/31/2023. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Spaur, Elizabeth) (other) Modified/removed link to underlying motion as requested by chambers on 3/20/2023 (DRS). |
| Filing 154 EX PARTE MOTION by Defendants Sam's Real Estate Business Trust, Sam's West, Inc.. (Attachments: #1 Declaration Declaration of Elizabeth C. Spaur)(Spaur, Elizabeth) (dispositive) |
| Filing 153 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 3/14/2023. By Deputy Clerk: Peggie Vannozzi. IT IS HEREBY ORDERED that lead trial counsel in this matter must appear on Tuesday, April 4, 2023, at 10:00 a.m. by Zoom video conferencing (the link will be provided shortly before the hearing) for a Master Trial Calendar Scheduling Conference with United States District Judge Jennifer A. Dorsey for all remaining cases on the division-wide April 24, 2023/April 25, 2023, trial stack. The master trial list is available on the Court's website at https://www.nvd.uscourts.gov/master-trial-list/. At that conference, Judge Dorsey will announce the trial priority for the April 24, 2023/April 25, 2023, trial stack as of that date. Counsel is advised to confer immediately with their respective clients and each other about whether this case will be trial-ready for the trial stack and take appropriate action. No plaintiffs or defendants will be present because all parties' presence is waived.Stipulations to continue matters on this stack must be filed no later than noon on Wednesday, March 29, 2023. The filing of a stipulation will automatically vacate the Master Trial Calendar Scheduling Conference and excuse the parties from attendance. Counsel is reminded that this is a formal court proceeding and that proper courtroom attire is expected.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) Modified on 3/14/2023 (PAV). |
| Filing 152 MOTION for Protective Order by Plaintiff Donna Carlson. Responses due by 3/23/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Arledge, Jennifer) |
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Filing 151
ORDER REGARDING TRIAL. Motions in limine must be fully briefed and submitted for decision no later than thirty (30) days before trial. Motions filed after this established deadline will be automatically denied. Counsel are required to meet and confer on the issues raised in the motion in limine before filing the motion and must include a statement certifying compliance with this personal consultation requirement. Telephonic Calendar Call us set for 4/17/2023 at 01:00 PM in Reno Courtroom 5 before Chief Judge Miranda M. Du. Counsel must call 1-888-251-2909, at least 10 minutes prior to the hearing and enter code 39803398 and pass code 041723. The use of speaker phones and/or cell phones is prohibited. Trial related documents (exhibit lists, proposed mutually acceptable jury instructions, disputed jury instructions, proposed verdict form, suggested voir dire questions, joint statement of the case and trial briefs) are due one week before trial. Please see order and the attachment for instructions on the submission of trial related documents. Jury Trial set for 4/25/2023 at 09:00 AM in Courtroom to be determined before Chief Judge Miranda M. Du. Signed by Chief Judge Miranda M. Du on 2/21/2023. (Attachments: #1 Exhibit 1 - JERS memo)(Copies have been distributed pursuant to the NEF - PAV)
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| Filing 150 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/26/2022. By Deputy Clerk: Peggie Vannozzi. The Calendar Call set for 10/11/2023 at 1:00 PM by telephone is vacated and continued to 4/17/2023 at 01:00 PM in Reno Courtroom 5 before Chief Judge Miranda M. Du. Counsel must call 1-888-251-2909, at least 5 minutes prior to the hearing, and enter code 3803398 and pass code 041723. The use of speaker phones and/ or cell phones is prohibited. Trial related documents are due by 4/18/2023. The Court is in the process of revising its standard order regarding trial. The order regarding trial will be published at a later date. The Jury Trial set for 10/18/2022 at 9:00 AM is reset to 4/25/2023 at 09:00 AM in Courtroom to be determined before Chief Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 149 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/23/2022. While the motion for continuance (ECF No. 149 ) should not have been filed ex parte (though the filing on the docket provided notice to Plaintiff's counsel), the Court grants the motion because of conflict in the Court's trial calendar. The Court has a criminal case that is scheduled to proceed to trial on the October 17, 2022 stack followed by a lengthy civil trial that will extend into early December 2022. The video conference master trial scheduling conference set for 9/27/2022 at 10:00 AM before Judge Andrew P. Gordon is vacated. The courtroom administrator will reset the trial after consulting with counsel to determine a new date on the Court's stacked trial calendar for 2023. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 148 Second EX PARTE MOTION to Continue the Trial for Good Cause and [PROPOSED] Order by Defendant Sam's West, Inc.. (Attachments: #1 Exhibit Exhibit A)(Spaur, Elizabeth) (trial) |
| Filing 147 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/16/2022. The Court denies Defendant's ex parte motion for continue trial (ECF No. #146 ) without prejudice because there no basis to file the motion ex parte. See LR IA 7-2. Counsel for the parties should meet and confer to reach an agreement on continuance of trial. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 146 First EX PARTE MOTION to Continue the Trial for Good Cause and [PROPOSED] Order by Defendant Sam's West, Inc.. (Brown, Sarai) (trial) |
| Filing 145 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/14/2022. By Deputy Clerk: Peggie Vannozzi. The Court is in the process of resuming trials. As cases resolve or move off that trial stack, your placement on that stack will move up. The master trial list is available on the Court's website at https://www.nvd.uscourts.gov/master-trial-list/. IT IS HEREBY ORDERED that trial counsel in this matter must appear on Tuesday, September 27, 2022, at 10:00 am by Zoom video conferencing (the link will be provided shortly before the hearing) for a Master Trial Calendar Scheduling Conference with United States District Judge Andrew P. Gordon for all remaining cases on the division-wide October 17, 2022/October 18, 2022, trial stack.No plaintiffs or defendants will be present because all parties' presence is waived.At that conference, Judge Gordon will announce the trial priority for the October 17, 2022/October 18, 2022, trial stack as of that date. Counsel is advised to confer immediately with their respective clients and each other about whether this case will be trial-ready for the trial stack and take appropriate action.Stipulations to continue matters on this stack must be filed no later than noon on Wednesday, September 21, 2022. The filing of a stipulation will automatically vacate the Master Trial Calendar Scheduling Conference and excuse the parties from attendance at the MTSC.Counsel is reminded that this is a formal court proceeding and that proper courtroom attire is expected. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 144 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/13/2022. By Deputy Clerk: Peggie Vannozzi. The The Jury Trial set for 10/17/2022 at 9:00 am is reset to 10/18/2022 at 09:00 AM in Courtroom to be determined before Chief Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
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Filing 143
ORDER granting ECF No. #142 Motion to Remove Attorneys from Electronic Service List. Signed by Magistrate Judge Elayna J. Youchah on 3/30/2022. (Attorneys Jefferis, Phillips, Kerbow, and Kuhls subsequently removed.) (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 142 MOTION to remove attorney Robert K. Phillips, Ryan Kerbow, Timothy D. Kuhls, Betsy C. Jeffris from the Electronic Service List in this case by Defendants Sam's Real Estate Business Trust, Sam's West, Inc.. (Kuhls, Timothy) |
| Filing 141 NOTICE: Attorney Action Required to #140 Order on Motion to Substitute Attorney. Attorney Sarai L. Brown advised to review the docket sheet and document #140 . The last name Brown does not match the last name of Thornton on document #140 . Please update your CMECF account. (no image attached) (WJ) |
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Filing 140
ORDER granting #139 Motion to Substitute Attorneys. Attorneys Timothy David Kuhls and Robert K. Phillips terminated. Signed by Magistrate Judge Elayna J. Youchah on 3/25/2022. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 139 MOTION to Substitute Attorney Sarai L. Thornton in for Attorney Robert K. Phillips by Defendants Sam's Real Estate Business Trust, Sam's West, Inc.. (Brown, Sarai) |
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Filing 138
ORDER - Plaintiff's motion in limine (ECF No. #122 ) is granted in part and denied in part, as specified herein. Defendant's motion in limine (ECF No. #123 ) is granted in part and denied in part, as specified herein. Defendant's motion to strike (ECF No. #124 ) is granted. Plaintiff and Defendant's replies (ECF No. #129 , #130 , #132 ) are stricken. Signed by Chief Judge Miranda M. Du on 2/11/2022. (Copies have been distributed pursuant to the NEF - HKL)
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| Filing 137 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 2/7/2022. By Deputy Clerk: Peggie Vannozzi. Due to a conflict in the Court's calendar involving the setting of an older civil case for jury trial on 2/28/2022, this jury trial must be reset. The jury trial set for 2/28/2022 at 9:00 AM in a Las Vegas courtroom to be determined is vacated and reset to 10/17/2022 at 9:00 AM in a Las Vegas Courtroom to be determined before Chief Judge Miranda M. Du. telephonic The calendar call set for 2/22/2022 at 1:00 PM is reset to 10/11/2022 at 1:00 PM in Reno Courtroom 5 before Chief Judge Miranda M. Du. The phone number to call is 1-888-251-2909. The code is 3803398 and the pass code is 101122. The use of cell phones and/or speaker phones is prohibited. Trial related documents are due one week before trial. Please see ECF No. #121 for instructions on the submission of trial related documents, including JERS media. The video conference master trial scheduling conference set for 2/8/2022 at 10:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon is vacated. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 136 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 1/18/2022. By Deputy Clerk: Peggie Vannozzi. The Court is in the process of resuming trials. As cases resolve or move off that trial stack, your placement on that stack will move up. The master trial list is available on the Court's website at https://www.nvd.uscourts.gov/master-trial-list/.IT IS HEREBY ORDERED that trial counsel in this matter must appear on Tuesday, February 8, 2022, at 10:00 am by Zoom video conferencing (the link will be provided shortly before the hearing) for a Master Trial Calendar Scheduling Conference with United States District Judge Andrew P. Gordon for all remaining cases on the division-wide February 28, 2022, trial stack.No plaintiffs or defendants will be present because all parties' presence is waived.At that conference, Judge Gordon will announce the trial priority for the February 28, 2022, trial stack as of that date. Counsel is advised to confer immediately with their respective clients and each other about whether this case will be trial-ready for the trial stack and to take appropriate action.Stipulations to continue matters on this stack must be filed no later than noon on Thursday, February 3, 2022. The filing of a stipulation will automatically vacate the Master Trial Calendar Scheduling Conference and excuse the parties from attendance at the MTSC. Counsel is reminded that this is a formal court proceeding and that proper courtroom attire is expected.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 135 STATUS REPORT Regarding Termination of Attorneys by Plaintiff Donna Carlson. (Arledge, Jennifer) |
| Filing 134 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/23/2021. By Deputy Clerk: Peggie Vannozzi. Many attorneys are listed for Plaintiff on the docket sheet of this case who are obviously no longer associated with the firm of Sgro and Roger. LR IA 11-6 governs withdrawals and substitutions of counsel in cases. Plaintiff is directed to file a status report by 10/7/2021 indicating which attorneys listed on the docket sheet should be terminated from receiving email notification as to this case. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 133 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/23/2021. By Deputy Clerk: Peggie Vannozzi. Due to a conflict in the Court's calendar, the jury trial set for 10/18/2021 at 9:00 AM is reset to 2/28/2022 at 9:00 AM before in a Las Vegas courtroom to be determined before Chief Judge Miranda M. Du. Calendar call set for 10/12/2021 at 1:00 PM is vacated and reset to 2/22/2022 at 1:00 PM in Reno Courtroom 5 before Chief Judge Miranda M. Du. The hearing will be telephonic. Counsel are to call 1-888-251-2909, at least 5 minutes before the hearing. The entrance code is 3803398 and the pass code is 022222. The use of cell phones and/or speaker phones is prohibited. Trial related documents are due one week before the trial. Please see ECF No. #121 ) for instructions on the submission of trial related documents. The video conference master trial scheduling conference set for 9/27/2021 at 10:00 AM before Judge Andrew P. Gordon is vacated. The master trial scheduling conference will be reset at a later date. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 132 STRICKEN PURSUANT TO ECF NO. #138 ORDER REPLY to Response to #124 Motion to Strike, by Defendant Sam's West, Inc... (Kuhls, Timothy) Modified on 2/11/2022 to denote stricken (HKL). |
| Filing 131 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/21/2021. By Deputy Clerk: Peggie Vannozzi. Due to a conflict in the Court's schedule, IT IS HEREBY ORDERED that the Master Trial Scheduling Conference is ADVANCED to September 27, 2021 at 10:00 AM in LV Courtroom 6C by videoconference before Judge Andrew P. Gordon.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 130 STRICKEN PURSUANT TO ECF NO. #138 ORDER REPLY to Response to #123 Motion in Limine by Defendant Sam's West, Inc... (Kuhls, Timothy) Modified on 2/11/2022 to denote stricken (HKL). |
| Filing 129 STRICKEN PURSUANT TO ECF NO. #138 ORDER REPLY to Response to #122 Motion in Limine,, by Plaintiff Donna Carlson.. (Arledge, Jennifer) Modified on 2/11/2022 (HKL). |
| Filing 128 RESPONSE to #124 Motion to Strike, by Plaintiff Donna Carlson.. Replies due by 9/22/2021. (Arledge, Jennifer) |
| Filing 127 RESPONSE to #123 Motion in Limine, by Plaintiff Donna Carlson. Opposition to Defendant Omnibus Motions In Limine. (Arledge, Jennifer) |
| Filing 126 RESPONSE to #122 Motion in Limine,, by Defendant Sam's West, Inc... Replies due by 9/17/2021. (Attachments: #1 Index, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Kuhls, Timothy) |
| Filing 125 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/8/2021. By Deputy Clerk: Peggie Vannozzi. The Court is in the process of resuming trials. As cases resolve or move off that trial stack, your placement on that stack will move up. IT IS ORDERED that trial counsel in this matter must appear on Tuesday, September 28, 2021, at 10:00 a.m. by Zoom video conferencing (the link will be provided shortly before the hearing) for a Master Trial Calendar Scheduling Conference with United States District Judge Andrew P. Gordon for all remaining cases on the division-wide October 18th/October 19th stack.No plaintiffs or defendants will be present because all parties' presence is waived.At that conference, Judge Gordon will announce the trial priority for the October 18th/October 19th stack as of that date. Counsel is advised to confer immediately with their respective clients and each other about whether this case will be trial-ready for the trial stack and take appropriate action.Stipulations to continue matters on this stack must be filed no later than noon on Thursday, September 23, 2021, for counsel to be excused from an appearance at this Master Trial Calendar Scheduling Conference.Counsel is reminded that this is a formal court proceeding and that proper courtroom attire is expected. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 124 MOTION to Strike by Defendant Sam's West, Inc... Responses due by 9/15/2021. (Attachments: #1 Index, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Kuhls, Timothy) |
| Filing 123 MOTION in Limine DEFENDANT SAMS WEST, INC.S OMNIBUS MOTIONS IN LIMINE by Defendant Sam's West, Inc... Responses due by 9/14/2021. (Attachments: #1 Index, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Kuhls, Timothy) |
| Filing 122 MOTION in Limine by Plaintiff Donna Carlson.. Responses due by 9/10/2021. (Attachments: #1 Exhibit Deposition of McIntire, #2 Exhibit McIntire Med. Exam, #3 Exhibit Woolson Reports, #4 Exhibit Hake Report, #5 Exhibit Hake Supp. Report, #6 Exhibit Rockholt Depo., #7 Exhibit Rockholt Report, #8 Exhibit Rockholt Surg. Cost, #9 Exhibit Plf Initial Disclosures., #10 Exhibit Def. 1st Supp. Discl., #11 Exhibit Plf 3rd Supp. Discl., #12 Exhibit FAIR Health Power Pt)(Arledge, Jennifer) |
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Filing 121
ORDER REGARDING TRIAL. Motions in limine must be fully briefed and submitted for decision no later than thirty (30) days before trial. Motions filed after this established deadline will be automatically denied. Counsel are required to meet and confer on the issues raised in the motion in limine before filing the motion and must include a statement certifying compliance with this personal consultation requirement. Telephonic Calendar Call is set for 10/12/2021 at 01:00 PM in Reno Courtroom 5 before Chief Judge Miranda M. Du. Counsel are to call 1-888-251-2909, at least 5 minutes prior to the hearing. The access code is 3803398 and the passcode is 101221. The use of cell phones and/or speaker phones is prohibited. Trial related documents (exhibit lists, proposed mutually acceptable jury instructions, disputed jury instructions, proposed verdict form, suggested voir dire questions, joint statement of the case and trial briefs) are due one week before trial. Please see order and the attachment for instructions on the submission of trial related documents. Jury Trial is set for 10/18/2021 at 09:00 AM in Courtroom to be determined before Chief Judge Miranda M. Du. Signed by Chief Judge Miranda M. Du on 1/20/2021. (Attachments: #1 Exhibit 1 - JERS memo)(Copies have been distributed pursuant to the NEF - PAV)
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Filing 120
PRETRIAL ORDER. Telephonic Calendar Call is set for 10/12/2021 at 01:00 PM in Reno Courtroom 5 before Chief Judge Miranda M. Du. Jury Trial is set for 10/19/2021 at 09:00 AM in a Las Vegas Courtroom to be determined before Chief Judge Miranda M. Du. Signed by Chief Judge Miranda M. Du on 1/19/2021. (Copies have been distributed pursuant to the NEF - PAV)
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| Filing 119 Proposed Joint Pretrial Order by Plaintiff Donna Carlson. (Arledge, Jennifer) |
| Filing 118 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 12/18/2020. By Deputy Clerk: Peggie Vannozzi. Proposed Joint Pretrial Order due by 1/15/2021. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 117 MINUTES OF PROCEEDINGS - Settlement Conference held on 7/7/2020 before Magistrate Judge Elayna J. Youchah. Pla Counsel: Jennifer Arledge and Plaintiff Donna Carlson; Def Counsel: Megan Wessel and Timothy Kuhls, Defendant Representative Daniel Joslyn; A settlement conference was conducted before Magistrate Judge Elayna J. Youchah, commencing at 9:00 a.m. on July 7, 2020. Discussions concluded at 12:00 p.m. No settlement was reached. The parties are invited to contact the Court if at any time in the future they believe further assistance of the Court would be helpful in reaching a resolution. This matter will continue on the litigation track.(no image attached) (Copies have been distributed pursuant to the NEF - ES) |
| Filing 116 IT IS HEREBY ORDERED that, due to the current medical concerns arising from the novel coronavirus, the Settlement Conference currently scheduled for Monday, April 27, 2020 is VACATED and rescheduled to Tuesday, July 7, 2020 at 9:00 a.m. in the chambers of U.S. Magistrate Judge Elayna J. Youchah, Room 4068, 333 Las Vegas Boulevard South, Las Vegas, Nevada.IT IS FURTHER ORDERED that all confidential Settlement Conference statements or supplemental statements, with exhibits, shall be delivered electronically to Emily_Santiago@nvd.uscourts.gov seven days prior to the conference date. The Settlement Conference shall be conducted ensuring social distancing is observed by providing larger spaces in which to individually conference. The Court further recommends that only essential participants appear at the conference. (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
| Filing 115 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 3/18/2020. By Judicial Assistant: E. Santiago. IT IS HEREBY ORDERED that all confidential Settlement Conference statements, with exhibits, shall be delivered electronically to Emily_Santiago@nvd.uscourts.gov seven days prior to the conference date. The Settlement Conference shall be conducted ensuring social distancing is observed by providing larger spaces in which to individually conference. The Court further recommends that only essential participants appear at the conference. (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
| Filing 114 IT IS HEREBY ORDERED that the Settlement Conference currently scheduled for Wednesday, March 18, 2020 at 9:00 a.m. is rescheduled to Monday, April 27, 2020 at 9:00 a.m. in the chambers of U.S. Magistrate Judge Elayna J. Youchah, Room 4068, 333 Las Vegas Boulevard South, Las Vegas, Nevada. Confidential Settlement Conference Statements must be delivered to chambers by 4:00 pm on Monday, April 20, 2020.(no image attached) (Copies have been distributed pursuant to the NEF - ES) |
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Filing 113
ORDER setting Settlement Conference : Settlement Conference set for Wednesday 3/18/2020 at 9:00 AM in LV Chambers Room 4068, before Magistrate Judge Elayna J. Youchah. Confidential settlement conference statements due in chambers by 4:00 PM on Wednesday, 3/11/2020. Signed by Magistrate Judge Elayna J. Youchah on 2/10/2020. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 112 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 2/10/2020. By Deputy Clerk: Peggie Vannozzi. Pursuant to LR 16-5, the Court finds that it is appropriate to refer this case to Magistrate Judge Elayna J. Youchah to conduct a settlement conference. The Joint Pretrial Order is due within 30 days after the settlement conference is held. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
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Filing 111
ORDER - Defendant's Motion for Partial Summary Judgment (ECF No. #102 ) is granted as discussed herein. Signed by Chief Judge Miranda M. Du on 2/10/2020.(Copies have been distributed pursuant to the NEF - AB)
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| Filing 110 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 1/7/2020. Plaintiff consents to dismissal of Defendant Sam's Real estate Business trust and doe and Roe Defendants (ECF No. #107 ). Accordingly, any claims against Defendants Sam's Real Estate Business trust and against Doe and Roe are dismissed with prejudice. Defendant Sam's Real Estate Business Trust's motion for summary judgment (ECF No. #103 ) is denied as moot. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 109 CLERK'S NOTICE that due to the retirement of U.S. Magistrate Judge George Foley, Jr., this case is reassigned to U.S. Magistrate Judge Elayna J. Youchah for all further proceedings. All further documents must bear the correct case number 2:17-cv-02882-MMD-EJY. (no image attached) (JM) |
| Filing 108 RESPONSE to #102 Motion for Partial Summary Judgment, by Plaintiff Donna Carlson. Replies due by 6/21/2019. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8) (Arledge, Jennifer) |
| Filing 107 RESPONSE to #103 Motion for Summary Judgment, by Plaintiff Donna Carlson.. Replies due by 6/21/2019. (Arledge, Jennifer) |
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Filing 106
ORDER granting ECF No. #105 Stipulation To Extend Time re ECF Nos. #102 and #103 Motions for Summary Judgment. Response due by 6/7/2019. Signed by Judge Miranda M. Du on 6/4/2019. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 105 STIPULATION FOR EXTENSION OF TIME (First Request) TO CONTINUE (First Request) EXTEND TIME TO OPPOSE DEFENDANT SAM'S REAL ESTATE BUSINESS TRUST'S MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' SAM'S WEST, INC. & SAM'S REAL ESTATE BUSINESS TRUST'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PUNITIVE DAMAGES CLAIM re #102 Motion for Partial Summary Judgment, #103 Motion for Summary Judgment, by Plaintiff Donna Carlson. (Arledge, Jennifer) |
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Filing 104
ORDERED that Defendants' Second Motion for Protective Order Precluding Inappropriate Areas of Fed. Civ. P. 30(b)(6) Examination (ECF No. #93 ) is granted. Signed by Magistrate Judge George Foley, Jr on 5/22/2019.(Copies have been distributed pursuant to the NEF - DRM)
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| Filing 103 MOTION for Summary Judgment Defendant Sam's Real Estate Business Trust's Motion for Summary Judgment by Defendant Sam's Real Estate Business Trust. Responses due by 5/31/2019. (Attachments: #1 Exhibit, #2 Exhibit) (Kuhls, Timothy) |
| Filing 102 MOTION for Partial Summary Judgment Defendants Sam's West, Inc. & Sam's Real Estate Business Trust's Motion for Partial Summary Judgment as to Plaintiff's Punitive Damages Claim by Defendants Sam's Real Estate Business Trust, Sam's West, Inc.. Responses due by 5/31/2019. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Kuhls, Timothy) |
| Filing 101 CLERK'S SECOND NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. 99 , #98 . Attorney Jill P Northway is advised to review and update his/her user account information. (no image attached) (WJ) Modified on 5/15/2019 COMPLIED (WJ). |
| Filing 100 CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. #34 . Attorney Christopher S. Mishler is advised to review and update his/her user account information. (no image attached) (WJ) Modified on 5/8/2019 COMPLIED (WJ). |
| Filing 99 CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. #98 . Attorney Jill P. Northway is advised to review and update his/her user account information. (no image attached) (WJ) Modified on 5/15/2019 COMPLIED (WJ). |
| Filing 98 RESPONSE to #93 Motion for Protective Order by Plaintiff Donna Carlson. Replies due by 5/3/2019. (Attachments: #1 Exhibit Exhibit 1 to Opp to MPO, #2 Exhibit Exhibit 2 to Opp to MPO, #3 Exhibit Exhibit 3 to Opp to MPO) (Sgro, Anthony) |
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Filing 97
ORDER approving ECF No. #96 Stipulation re ECF No. #93 Second Motion for Protective Order. Responses due by 4/26/2019. Signed by Magistrate Judge George Foley, Jr. on 4/23/2019. (Copies have been distributed pursuant to the NEF - KR)
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| Filing 96 STIPULATION FOR EXTENSION OF TIME (First Request) and Proposed Order to File Opposition to Defendants' Second Motion for Protective Order re #93 Motion for Protective Order by Plaintiff Donna Carlson. (Sgro, Anthony) |
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Filing 95
ORDER granting ECF No. #94 Stipulation to Take Deposition Outside of Close of Discovery. Signed by Magistrate Judge George Foley, Jr on 4/16/2019.(Copies have been distributed pursuant to the NEF - DRM)
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| Filing 94 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery and Proposed Order To Take Deposition Outside of Close of Discovery by Plaintiff Donna Carlson. (Sgro, Anthony) |
| Filing 93 Second MOTION for Protective Order by Defendant Sam's West, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Kuhls, Timothy) |
| Filing 92 TRANSCRIPT of Proceedings, 52 Motion Hearing,,, held on 8-17-18, before Magistrate Judge George Foley, Jr. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 4/25/2019. Redacted Transcript Deadline is set for 5/5/2019. Release of the Transcript Restriction is set for 7/3/2019. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (KF) |
| Filing 91 NOTICE of Association of Counsel by Daniel E. Carvalho on behalf of Plaintiff Donna Carlson. (Carvalho, Daniel) |
| Filing 90 MINUTE ORDER REGARDING SETTLEMENT CONFERENCE - No settlement was reached. Accordingly, the Court finds this case should be returned to the normal litigation track. Signed by the Honorable Magistrate Judge George Foley, Jr on 3/11/2019. (Copies have been distributed pursuant to the NEF - DRM) |
| Filing 89 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.) (no image attached) (LH) |
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Filing 88
SCHEDULING ORDER pursuant to ECF No. #87 Motion. Discovery due by 4/10/2019. Dispositive Motions due by 5/10/2019. Proposed Joint Pretrial Order due by 6/10/2019. Signed by Magistrate Judge George Foley, Jr on 3/1/2019. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 87 MOTION for clarificatin re #75 Order on Stipulation,, Scheduling Order, by Plaintiff Donna Carlson. Responses due by 3/14/2019. (Sgro, Anthony) Modified on 2/28/2019 add clarification (WJ). |
| Filing 86 TRANSCRIPT of Proceedings, 81 Order on Motion for Partial Summary Judgment,,,, Motion Hearing,,, held on 2-8-19, before Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 3/20/2019. Redacted Transcript Deadline is set for 3/30/2019. Release of the Transcript Restriction is set for 5/28/2019. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (KF) |
| Filing 85 TRANSCRIPT of Proceedings, 71 Order on Motion to Strike,,,, Motion Hearing,,, held on 12-28-18, before Magistrate Judge George Foley, Jr. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 3/20/2019. Redacted Transcript Deadline is set for 3/30/2019. Release of the Transcript Restriction is set for 5/28/2019. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (KF) |
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Filing 84
ORDERED that Defendant must pay the amount of $4,850.00 to Plaintiff. IT IS FURTHER ORDERED that Defendant is to make the payment to Plaintiff by March 15, 2019 unless an objection is filed. Signed by Magistrate Judge George Foley, Jr on 2/25/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 83
ORDER Scheduling a Settlement Conference for 3/11/2019 at 9:00 AM in LV Chambers - Room 3099 before Magistrate Judge George Foley Jr. The settlement conference statements shall be received in LV Chambers - Room 3099 -not later than 3/4/2019. DO NOT SERVE A COPY ON OPPOSING COUNSEL. DO NOT DELIVER OR MAIL COPIES TO THE CLERKS OFFICE. Signed by Magistrate Judge George Foley, Jr on 2/8/2019. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 82 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 2/8/2019. By Deputy Clerk: Peggie Vannozzi. Pursuant to LR 16-5, the Court finds that it is appropriate to refer this case to Magistrate Judge George W. Foley to conduct a settlement conference. The joint pretrial order is due within 30 days after the settlement conference is held. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 81 MINUTES OF PROCEEDINGS - Telephonic Motion Hearing held on 2/8/2019 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Thomas Larton for Anthony Sgro, Eunice Beattie, Christopher Mishler; Def Counsel: Timothy Kuhls; Court Reporter: Kathy French; Time of Hearing: 10:02 AM - 10:16 AM; Courtroom: 5. The Court advises counsel that it has reviewed Plaintiff's motion for partial summary judgment (ECF No. #44 ), the response (ECF No. #51 ) and the reply (ECF No. #54 .) Mr. Larmore and Mr. Khls present argument. The Court makes findings for the record and advises the parties that the Court will issue an oral ruling. For the reasons the Court has placed on the record, Plaintiff's Motion for partial summary judgment (ECF No. #44 ) is granted in part and denied in part. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 80 RESPONSE to #77 Memorandum by Defendant Sam's West, Inc.. (Attachments: #1 Exhibit Declaration of Timothy D. Kuhls, Esq., #2 Exhibit Plaintiff's Emails) (Kuhls, Timothy) |
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Filing 79
ORDER granting ECF No. #78 Stipulation to continue hearing. The telephonic Motion Hearing set for 2/1/2019 at 10:00 AM is reset to 2/8/2019 at 10:00 AM in Reno Courtroom 5 before Judge Miranda M. Du. Counsel are to call 1-888-251-2909, at least 5 minutes prior to the hearing, and enter 3803398 and password 123456. The use of cell phones and/or speaker phones is prohibited. Signed by Judge Miranda M. Du on 2/1/2019. (Copies have been distributed pursuant to the NEF - PAV)
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| Filing 78 First STIPULATION and Order to Continue Hearing on Motion for Partial Summary Judgement re 74 Minute Order, by Plaintiff Donna Carlson. (Mishler, Christopher) |
| Filing 77 MEMORANDUM to #60 Motion to Amend/Correct by Plaintiff Donna Carlson. (Mishler, Christopher) |
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Filing 76
ORDER directing that Plaintiff's Amended Memorandum of Attorney's Fees and Costs is due by 1/25/2019. Defendants' response to the memorandum is due by 2/1/2019. Signed by Magistrate Judge George Foley, Jr. on 1/18/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing 75
SCHEDULING ORDER pursuant to ECF No. #72 Stipulation to Extend Discovery Deadlines (Fifth Request). Discovery due by 4/10/2019. Dispositive Motions due by 5/10/2019. Proposed Joint Pretrial Order due by 6/10/2019. Signed by Magistrate Judge George Foley, Jr on 1/18/2019. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 74 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 1/18/2019. By Deputy Clerk: Peggie Vannozzi. The motion hearing set for 2/1/2019 at 10:00 AM will be heard by telephone. Counsel are to call 1-888-251-2909, at least 5 minutes prior to the hearing, and enter code 3803398 and password 123456. The use of speaker phones and/or cell phones is prohibited. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 73 MEMORANDUM to #60 Motion to Amend/Correct by Plaintiff Donna Carlson. (Mishler, Christopher) |
| Filing 72 Fifth STIPULATION FOR EXTENSION OF TIME (Fifth Request) re Discovery Deadlines by Plaintiff Donna Carlson. (Mishler, Christopher) |
| Filing 71 MINUTES OF PROCEEDINGS - Motion Hearing held on 12/28/2018 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Christopher Mishler; Def Counsel: Betsy Jefferis; Recording start and end times: 9:29a.m. - 10:05a.m.; Courtroom: 3A; The Court makes preliminary remarks and hears representations of counsel as to #63 Motion to Strike by Plaintiff Donna Carlson.The Court sets forth its findings on the record and grants in part and denies in part the motion to strike. The transcript of these proceedings will serve as the Court's Order.Plaintiff is to file the application for attorney's fees to the Court on or about January 11, 2019. Defendant's response to application for attorney's fees are due on or before January 25, 2019. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) |
| Filing 70 REPLY to Response to #63 Motion to Strike by Plaintiff Donna Carlson. (Mishler, Christopher) |
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Filing 69
SCHEDULING ORDER pursuant to ECF No. #68 Stipulation. Discovery due by 2/9/2019. Dispositive Motions due by 3/12/2019. Proposed Joint Pretrial Order due by 4/11/2019. Signed by Magistrate Judge George Foley, Jr on 12/11/2018. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 68 Fourth STIPULATION FOR EXTENSION OF TIME (Fourth Request) re Discovery by Plaintiff Donna Carlson. (Mishler, Christopher) |
| Filing 67 AMENDED MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 12/6/2018. By Deputy Clerk: Peggie Vannozzi. Oral argument is set on Plaintiff's motion for partial summary judgment (ECF No. #44 ) for 2/1/2019 at 10:00 AM in Reno Courtroom 5 before Judge Miranda M. Du. The hearing will be by telephone. Counsel are to call 1-888-251-2909, at least 5 minutes prior to the hearing, and enter 3803398 and password 123456. The use of speaker phones and/or cell phones is prohibited. (Amended to reflect correct year in the date.) (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 66 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 12/6/2018. By Deputy Clerk: Peggie Vannozzi. Oral argument is set on Plaintiff's motion for partial summary judgment (ECF No. #44 ) for 2/1/2018 at 10:00 AM in Reno Courtroom 5 before Judge Miranda M. Du. The hearing will be by telephone. Counsel are to call 1-888-251-2909, at least 5 minutes prior to the hearing, and enter 3803398 and password 123456. The use of speaker phones and/or cell phones is prohibited. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 65 RESPONSE to #63 Motion to Strike by Defendants Sam's Real Estate Business Trust, Sam's West, Inc.. Replies due by 12/13/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (Jefferis, Betsy) |
| Filing 64 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr. on 11/26/2018. By Deputy Clerk: Taelor Evans. Re: #63 MOTION to Strike by Plaintiff Donna Carlson. Motion Hearing set for Friday, December 28, 2018 at 09:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (no image attached) (Copies have been distributed pursuant to the NEF - TE) |
| Filing 63 MOTION to Strike by Plaintiff Donna Carlson. Responses due by 12/5/2018. (Mishler, Christopher) |
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Filing 62
ORDER that Plaintiff's Withdrawal of Motion for Attorney's Fees ECF No. #60 is granted; hearing scheduled for 10/22/2018 at 9:30 a.m. is vacated. Signed by Magistrate Judge George Foley, Jr. on 10/9/2018. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 61 NON-OPPOSITION to #60 Motion to Amend/Correct by Defendants Sam's Real Estate Business Trust, Sam's West, Inc.. (Kuhls, Timothy) |
| Filing 60 MOTION to Amend/Correct #56 Motion for Attorney Fees by Plaintiff Donna Carlson. Responses due by 10/19/2018. (Mishler, Christopher) |
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Filing 59
SCHEDULING ORDER on ECF No. #58 Stipulation : Discovery due by 12/11/2018. Motions due by 1/11/2019. Proposed Joint Pretrial Order due by 2/10/2019. Signed by Magistrate Judge George Foley, Jr on 10/4/2018. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 58 Third STIPULATION FOR EXTENSION OF TIME (Third Request) re Discovery Stipulation and [Proposed] Order to Extend Discovery Deadlines [Third Request] by Defendants Sam's Real Estate Business Trust, Sam's West, Inc.. (Kuhls, Timothy) |
| Filing 57 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr. on 9/24/2018. By Deputy Clerk: Taelor Evans. Re: #56 MOTION for Attorney Fees by Plaintiff Donna Carlson. Motion Hearing set for Monday, October 22, 2018 at 09:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (no image attached) (Copies have been distributed pursuant to the NEF - TE) |
| Filing 56 WITHDRAWN per ECF No. #62 Order : MOTION for Attorney Fees by Plaintiff Donna Carlson. Responses due by 10/5/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Mishler, Christopher) Modified on 10/10/2018 to denote withdrawn(KW). |
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Filing 55
ORDER that Plaintiff's Motion for Sanctions Including Attorneys Fees and Costs and Request for Additional Deposition (ECF No. #38 ) is granted, in part, and denied, in part as follows: Defendants are required to produce an adequately prepared and knowledgeable witness to testify on topics 1-4 of the notice of deposition pursuant to Fed.R.Civ.P. 30(b)(6). Plaintiff's request for monetary sanctions or other sanctions is denied. Signed by Magistrate Judge George Foley, Jr on 8/28/2018. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 54 REPLY to Response to #44 Motion for Partial Summary Judgment by Plaintiff Donna Carlson. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Mishler, Christopher) |
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Filing 53
ORDER denying ECF No. #40 Motion for Determination of Spoliation of Evidence. Signed by Magistrate Judge George Foley, Jr on 8/17/2018.(Copies have been distributed pursuant to the NEF - KW)
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| Filing 52 MINUTES OF PROCEEDINGS - Motion Hearing held on 8/17/2018 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Christopher Mishler; Def Counsel: Pooja Kumar; Recording start and end times: 9:30a.m. - 10:08a.m.; Courtroom: 3A; The Court makes preliminary remarks and hears representations of counsel as to #40 Motion Determination of Spoliation of Evidence and #38 First Motion for Sanctions Including Attorney's Fees and Costs and Request for Additional Deposition.The Court will issue a written order as to #40 Motion Determination of Spoliation of Evidence.As to #38 First Motion for Sanctions Including Attorney's Fees and Costs and Request for Additional Deposition, the Court will take the matter under submission, written order to follow. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) |
| Filing 51 RESPONSE to #44 Motion for Partial Summary Judgment by Defendant Sam's West, Inc.. Replies due by 8/29/2018. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Kerbow, Ryan) |
| Filing 50 REPLY to Response to #40 Motion by Plaintiff Donna Carlson. (Mishler, Christopher) |
| Filing 49 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) (KW) |
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Filing 48
SCHEDULING ORDER pursuant to ECF No. #47 Stipulation to Extend Discovery Deadlines (Second Request). Discovery due by 10/12/2018. Dispositive Motions due by 11/12/2018. Proposed Joint Pretrial Order due by 12/12/2018. Signed by Magistrate Judge George Foley, Jr. on 8/8/2018. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 47 Second STIPULATION FOR EXTENSION OF TIME (Second Request) re Discovery Stipulation And [Proposed] Order To Extend Discovery Deadlines [Second Request] by Defendant Sam's West, Inc.. (Kerbow, Ryan) |
| Filing 46 RESPONSE to #40 Motion by Defendant Sam's West, Inc.. Replies due by 8/8/2018. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Kerbow, Ryan) |
| Filing 45 REPLY to #42 Response, by Plaintiff Donna Carlson. (Mishler, Christopher) Modified on 7/26/2018 add link to motion #38 (WJ). |
| Filing 44 MOTION for Partial Summary Judgment by Plaintiff Donna Carlson. Responses due by 8/16/2018. (Mishler, Christopher) |
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Filing 43
ORDER denying ECF No. #25 Motion for Protective Order. Signed by Magistrate Judge George Foley, Jr. on 7/19/2018. (Copies have been distributed pursuant to the NEF - KR)
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| Filing 42 RESPONSE to #38 Motion for Sanctions by Defendant Sam's West, Inc.. Replies due by 7/26/2018. (Attachments: #1 Declaration Declaration of Ryan Kerbow, #2 Exhibit Witness Statement, #3 Exhibit Deposition Notice) (Kerbow, Ryan) |
| Filing 41 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr. on 7/19/2018. By Deputy Clerk: Taelor Evans. Re: #38 First MOTION for Sanctions Including Attorney's Fees and Costs and Request for Additional Deposition by Plaintiff Donna Carlson. Hearing is vacated and RESET for Friday, August 17, 2018 at 09:30 AM Re: #40 MOTION Determination of Spoliation of Evidence by Plaintiff Donna Carlson. Motion Hearing is set for Friday, August 17, 2018 at 09:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (no image attached) (Copies have been distributed pursuant to the NEF - TE) |
| Filing 40 MOTION Determination of Spoliation of Evidence by Plaintiff Donna Carlson. Responses due by 8/1/2018. (Mishler, Christopher) |
| Filing 39 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr. on 7/6/2018. By Deputy Clerk: Taelor Evans. Re: #38 First MOTION for Sanctions Including Attorney's Fees and Costs and Request for Additional Deposition by Plaintiff Donna Carlson. Motion Hearing set for Tuesday, August 7, 2018 at 02:30 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (no image attached) (Copies have been distributed pursuant to the NEF - TE) |
| Filing 38 First MOTION for Sanctions Including Attorney's Fees and Costs and Request for Additional Deposition by Plaintiff Donna Carlson. Responses due by 7/19/2018. (Mishler, Christopher) |
| Filing 37 MINUTES OF PROCEEDINGS - Motion Hearing held on 7/5/2018 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Christopher Mishler; Def Counsel: Ryan Kerbow; Recording start and end times: 9:27a.m. - 9:55a.m.; Courtroom: 3A; The Court makes preliminary remarks and hears representations of counsel as to #25 Motion for Protective Order. The Court will take the matter under submission, written order to follow. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) |
| Filing 36 Joint STATUS REPORT Joint Interim Status Report by Plaintiff Donna Carlson. (Mishler, Christopher) |
| Filing 35 REPLY to Response to #25 Motion for Protective Order, by Defendant Sam's West, Inc.. (Kerbow, Ryan) |
| Filing 34 RESPONSE to #25 Motion for Protective Order, by Plaintiff Donna Carlson. Replies due by 6/21/2018. (Mishler, Christopher) |
| Filing 33 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr. on 6/1/2018. By Deputy Clerk: Taelor Evans. Re: #25 MOTION for Protective Order by Defendant Sam's West, Inc. Based on the Court's Order granting the parties' Stipulation for Extension of Time for Opposition #32 the motion hearing currently set for Thursday, June 14, 2018 at 10:30 AM is vacated and RESET for Thursday, July 5, 2018 at 09:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (no image attached) (Copies have been distributed pursuant to the NEF - TE) |
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Filing 32
ORDER granting ECF No. #31 Stipulation to Extend Time to Oppose ECF No. #25 Defendant's Motion for Protective Order. Plaintiff's opposition due by 6/15/2018. Signed by Magistrate Judge George Foley, Jr on 5/31/2018. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 31 STIPULATION FOR EXTENSION OF TIME (First Request) re #25 Motion for Protective Order, by Plaintiff Donna Carlson.. (Mishler, Christopher) |
| Filing 30 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr. on 5/24/2018. By Deputy Clerk: Taelor Evans. Re: #25 MOTION for Protective Order by Defendant Sam's West, Inc. The hearing previously set for Friday, June 15, 2018 at 11:30 AM shall be vacated and RESET for Thursday, June 14, 2018 at 10:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (no image attached) (Copies have been distributed pursuant to the NEF - TE) |
| Filing 28 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr. on 5/23/2018. By Deputy Clerk: Taelor Evans. Re: #25 MOTION for Protective Order by Defendant Sam's West, Inc. Motion Hearing previously set for set for Thursday June 7, 2018 at 11:30 AM is vacated and RESET for Friday, June 15, 2018 at 11:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (no image attached) (Copies have been distributed pursuant to the NEF - TE) |
| Filing 27 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr. on 5/23/2018. By Deputy Clerk: Taelor Evans. Re: #25 MOTION for Protective Order by Defendant Sam's West, Inc. Motion Hearing set for Thursday, June 7, 2018 at 11:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (no image attached) (Copies have been distributed pursuant to the NEF - TE) |
| Filing 25 MOTION for Protective Order by Defendant Sam's West, Inc.. (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, #16 Exhibit, #17 Exhibit) (Kerbow, Ryan) |
| Filing 24 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 5/11/2018. Please take notice that Judge Du has made changes to her Civil Standing Order. The most current Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
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Filing 23
ORDER - Plaintiff's Motion to Remand (ECF No. #6 ) is denied. Signed by Judge Miranda M. Du on 4/23/2018.(Copies have been distributed pursuant to the NEF - DRM)
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Filing 22
ORDERED that the parties' Stipulated Protective Order (ECF No. #21 ) is denied, without prejudice. Signed by Magistrate Judge George Foley, Jr on 3/30/2018.(Copies have been distributed pursuant to the NEF - DRM)
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| Filing 21 STIPULATION PROTECTIVE ORDER by Defendant Sam's West, Inc.. (Kerbow, Ryan) Modified on 3/29/2018 duplicate text. (BLG). |
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Filing 20
SCHEDULING ORDER pursuant to ECF No. #19 Stipulation to Extend Discovery Deadlines (First Request). Discovery due by 8/13/2018. Dispositive Motions due by 9/12/2018. Proposed Joint Pretrial Order due by 10/19/2018. Signed by Magistrate Judge George Foley, Jr. on 2/21/2018. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 19 STIPULATION FOR EXTENSION OF TIME (First Request) Stipulation and [Proposed] Order to Extend Discovery Deadlines [First Request] by Defendants Sam's Real Estate Business Trust, Sam's West, Inc.. (Kerbow, Ryan) |
| Filing 18 Duplicate Entry, See #19 Sitpulation First MOTION to Extend Time (First Request) Stipulation And [Proposed] Order To Extend Discovery Deadlines [First Request] re #16 Scheduling Order, by Defendant Sam's West, Inc.. (Kerbow, Ryan) Modified on 2/20/2018 (JM). |
| Filing 17 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) (KW) |
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Filing 16
SCHEDULING ORDER pursuant to ECF No. #15 Joint Discovery Plan and Scheduling Order; Special Scheduling Review Requested. Discovery due by 5/15/2018. Dispositive Motions due by 6/14/2018. Proposed Joint Pretrial Order due by 7/16/2018. Signed by Magistrate Judge George Foley, Jr on 12/27/2017. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 15 PROPOSED Discovery Plan/Scheduling Order by Defendant Sam's West, Inc. PROPOSED JOINT DISCOVERY PLAN AND SCHEDULING ORDER: SPECIAL SCHEDULING REVIEW REQUESTED (Kerbow, Ryan) |
| Filing 14 Joint STATUS REPORT Joint Status Report Regarding Removal by Defendant Sam's West, Inc.. (Kerbow, Ryan) |
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Filing 13
ORDER granting ECF No. #12 Motion to Substitute Attorney Eunice Morgan Beattie in place of Attorney Keith Daniel Williams. Signed by Magistrate Judge George Foley, Jr on 12/13/2017. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 12 MOTION to Substitute Attorney Eunice M. Beattie, Esq. in for Attorney Keith D. Williams, Esq. by Plaintiff Donna Carlson. (Beattie, Eunice) |
| Filing 11 SECOND NOTICE: Attorney Action Required to #1 Petition for Removal,, 5 Notice Attorney Action Required. Attorney Keith D Williams advised to comply with LR IC 2-1(g) and make the necessary corrections to your CMECF info user account. Please review the docket sheet and make any necessary corrections. (no image attached) (WJ) Modified on 1/3/2018 DISREGARD See document #13 (WJ). |
| Filing 10 RESPONSE to #6 Motion to Remand to State Court by Defendant Sam's West, Inc.. Replies due by 12/11/2017. (Attachments: #1 Exhibit Declaration of Ryan Kerbow, #2 Exhibit Plaintiff's Complaint, #3 Exhibit Plaintiff's Request For Exemption From Arbitration) (Kerbow, Ryan) |
| Filing 9 STATEMENT REGARDING REMOVAL by Defendant Sam's West, Inc.. (Attachments: #1 Exhibit Minute Order Regarding Removal)(Kerbow, Ryan) |
| Filing 8 CERTIFICATE of Interested Parties by Sam's West, Inc.. There are no known interested parties other than those participating in the case (Kerbow, Ryan) |
| Filing 7 CIVIL COVER SHEET to #1 Petition for Removal,, by Defendant Sam's West, Inc.. (Kerbow, Ryan) |
| Filing 6 MOTION to Remand to State Court by Plaintiff Donna Carlson. Responses due by 12/4/2017. (Sgro, Anthony) |
| Filing 5 NOTICE: Attorney Action Required to #1 Petition for Removal,,. Attorney Keith Daniel Williams advised to comply with LR IC 2-1(g) and make the necessary corrections to your CMECF info user account. Please review the docket sheet and make any corrections. (no image attached) (WJ) Modified on 1/3/2018 DISREGARD (WJ). |
| Filing 4 NOTICE: Attorney Action Required to #1 Petition for Removal. Attorney Ryan Kerbow advised to comply with LR 3-1 and file a properly completed civil cover sheet. (no image attached) (WJ) Modified on 12/12/2017 COMPLIED (WJ). |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 11/17/2017. This case has been assigned to the Honorable Miranda M. Du. Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 2 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 11/17/2017. Statement regarding removed action is due by 12/2/2017. Joint Status Report regarding removed action is due by 12/17/2017. (Copies have been distributed pursuant to the NEF - JM) |
| Case assigned to Judge Miranda M. Du and Magistrate Judge George Foley, Jr. (JM) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-17-761578-C, (Filing fee $ 400 receipt number 0978-4860431) by Sam's West, Inc., Sam's Real Estate Business Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kerbow, Ryan) 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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