McElrath v. Fish Rite, Inc. et al
| Bonnie McElrath |
| Fish Rite, Inc., Jamie Dorsey, Sr and Barbara Dorsey |
| 1:2008cv01159 |
| October 3, 2008 |
| US District Court for the District of Oregon |
| Civil Rights: Jobs Office |
| Jackson |
| Mark D Clarke |
| Civil Rights: Employment |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Defendant |
Docket Report
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This docket was last retrieved on January 4, 2010. A more recent docket listing may be available from PACER.
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| Filing 35 Clerk's 60-Day Judgment of Dismissal. (rsm) |
| Filing 34 Notice of Settlement Filed by all defendants (Charter, Joseph) |
Filing 33
Scheduling Order by Magistrate Judge Mark D. Clarke. Deadline to file Consent to Magistrate Judge is due 01/08/2010. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 32
ORDER: Motion for Default Judgment #29 is DENIED. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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| Filing 31 Declaration of Charles J. Merten Supporting Motions for Default, or Alternatively, to Strike. Filed by Bonnie McElrath. (Related document(s): Motion for default judgment #29 .) (Merten, Charles) |
| Filing 30 Memorandum in Support. Filed by Bonnie McElrath. (Related document(s): Motion for default judgment #29 .) (Merten, Charles) |
| Filing 29 Motion for Default Judgment. Oral Argument requested. Filed by Bonnie McElrath. (Merten, Charles) |
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Filing 28
Scheduling Order: The Order to Show Cause #24 is hereby VACATED. A Joint Alternate Dispute Resolution Report now set for 12/18/2009. A Pretrial Order is now due by 12/18/2009. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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| Filing 27 First Answer to Complaint with Jury Demand Affirmative Defenses and, Counterclaim all defendants. Filed by Fish Rite, Inc., Jamie Dorsey, Sr, Barbara Dorsey. (Charter, Joseph) |
| Filing 26 Response to Order to Show Cause. Filed by Bonnie McElrath. (Related document(s): Order to Show Cause #24 .) (Attachments: #1 Exhibit A) (Merten, Charles) |
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Filing 25
Scheduling Order by Magistrate Judge Mark D. Clarke. The time by which Plaintiff must Show Cause why this action should not be dismissed for want of prosecution #24 is extended until 11/25/2009. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 24
Order to Show Cause. It is Ordered to Show Cause in Writing by 11/17/2009 why this action should not be dismissed for want of prosecution. Ordered and Signed on 11/06/2009 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 23
Trial Management Order: for 3-day trial commencing on 02/10/2010. Pretrial Documents are due by 1/8/2010; 01/15/2010 and 01/22/2010. Please access entire text by document number hyperlink. Signed on 04/28/2009 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 22
MINUTES of Proceedings: Scheduling Conference held. A status report regarding discovery issues is due by 05/12/2009. A Status Conference is set for 5/15/2009 at 10:00AM in Telephone before Magistrate Judge Mark D. Clarke. The Court will initiate the call. Discovery is to be completed by 9/15/2009. Joint Alternate Dispute Resolution Report is due by 10/15/2009. Pretrial Order and/or Dispositive Motions are due by 10/15/2009. An In Person Pretrial Conference is set for 2/1/2010 at 10:00AM in Medford before Magistrate Judge Mark D. Clarke. A 3-day Jury Trial is set for 2/10/2010 at 09:00AM in Medford before Magistrate Judge Mark D. Clarke. Trial Management Order to follow. Charles Merten present as counsel for plaintiff. Joseph Charter present as counsel for defendants. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 21
Scheduling Order: The Scheduling Conference set for 04/20/2009 at 10:30 a.m. has been RESET to 4/27/2009 at 11:00AM in Telephone before Magistrate Judge Mark D. Clarke. The Court will intiate the call. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 20
Scheduling Order: Upon the parties oral motion and the Court's agreement, the Scheduling Conference originally set for 04/16/2009 at 10:00 a.m. has been RESET to 4/20/2009 at 10:00AM in Telephone before Magistrate Judge Mark D. Clarke. The Court will initiate the call. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 19
Scheduling Order: Scheduling Conference is set for 4/16/2009 at 10:00AM in Telephone before Magistrate Judge Mark D. Clarke. The Court will initiate the call. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 18
ORDER: Denying Motion to Dismiss #4 ; Adopting Magistrate Judge Clarke's Report and Recommendation #14 . (Please access document by number hyperlink for complete review and details of order). Signed on 2/26/2009 by Judge Owen M. Panner. (dkj)
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Filing 17
Order referring Findings & Recommendation is ready for review before Judge Panner. Objections were filed. Responses were filed. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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| Filing 16 Response to Objections Oral Argument requested. Filed by Bonnie McElrath. (Merten, Charles) |
| Filing 15 Objections to Magistrate Judges Order. Filed by all defendants. (Charter, Joseph) |
| Filing 14 Findings & Recommendation: Plaintiff has alleged sufficient facts to sustain this 12(b)(6) Motion to Dismiss. Further, the Court has subject matter jurisdiction to hear this claim because Plaintiff has properly plead claim under Title VII for unlawful employment practices. Objections to the Findings and Recommendation are due by 2/12/2009. If objections are filed, responses to the objections are due 14 days after objections are filed. Please access entire text by document number hyperlink. Signed on 01/26/2009 by Magistrate Judge Mark D. Clarke. (rsm) |
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Filing 13
MINUTES of Proceedings: Motion Hearing held regarding Motion to Dismiss #4 . Court takes under advisement. Charles Merten present as counsel for plaintiff. Joseph Charter present as counsel for defendant. Court Reporter: Terry Thompson. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 12
Scheduling Order: Oral Argument is set for 1/14/2009 at 02:00PM in Telephone before Magistrate Judge Mark D. Clarke. The Court will initiate the call. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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| Filing 11 Request for Oral Argument, and Oral Argument by Telephonic Conference. Filed by Bonnie McElrath. (Merten, Charles) |
| Filing 10 Reply In Support to Motion to Dismiss and Demand for Jury Trial #4 . Filed by all defendants. (Charter, Joseph) |
| Filing 9 Response to Motion to Dismiss and Demand for Jury Trial #4 . Filed by Bonnie McElrath. (Attachments: #1 Appendix #2 Exhibit Exs. A-D) (Merten, Charles) |
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Filing 8
ORDER: Motion for Extension of Time to File Defendant's Reply #6 is GRANTED. Reply is now due by 12/8/2008. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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| Filing 7 Affidavit of Joseph M. Charter in Support of Motion for Extension of Time to File Reply. Filed by all defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #6 .) (Charter, Joseph) |
| Filing 6 Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss and Demand for Jury Trial #4 . Filed by all defendants. (Charter, Joseph) |
| Filing 5 Memorandum in Support of Motion to Dismiss. Filed by all defendants. (Related document(s): Motion to Dismiss #4 .) (Charter, Joseph) |
| Filing 4 Motion to Dismiss and Demand for Jury Trial. Filed by all defendants. (Charter, Joseph) |
| Filing 3 Notice of Case Reassignment: This case has been reassigned from Judge Garr M. King to Judge Mark D. Clarke and transferred to the Medford Division. (eo) |
| Summons Issued as to Fish Rite, Inc., Jamie Dorsey, Sr, Barbara Dorsey. (pvh) |
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Filing 2
Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Garr M. King. Discovery is to be completed by 2/2/2009. Joint Alternate Dispute Resolution Report is due by 3/2/2009. Pretrial Order is due by 3/2/2009. Ordered by Judge Garr M. King. (pvh)
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| Filing 1 Complaint. Filing Fee in amount of $350 collected. Receipt No. 23295 issued. Jury Trial Requested: Yes.Filed by Bonnie McElrath against Fish Rite, Inc., Jamie Dorsey, Sr., Barbara Dorsey. (Attachments: #1 JS 44) (pvh) |
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